4th Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to the organization and operation of state 1.3 government; appropriating money for the general 1.4 legislative and administrative expenses of state 1.5 government with certain conditions; modifying 1.6 provisions relating to state government operations; 1.7 amending Minnesota Statutes 1998, sections 3.3005, by 1.8 adding a subdivision; 3.17; 3C.12, subdivision 2; 1.9 8.15, subdivisions 1, 2, and 3; 12.31, subdivision 2; 1.10 12.37; 13.03, subdivision 2; 13.05, by adding a 1.11 subdivision; 13.073, by adding a subdivision; 14.131; 1.12 14.23; 15.50, subdivision 2; 16A.102, subdivision 1; 1.13 16A.103, subdivision 1; 16A.11, by adding a 1.14 subdivision; 16A.126, subdivision 3; 16A.129, 1.15 subdivision 3; 16A.45, subdivision 1; 16A.85, 1.16 subdivision 1; 16B.03; 16B.104; 16B.24, subdivision 5; 1.17 16B.31, subdivision 2; 16B.32, subdivision 2; 16B.415; 1.18 16B.42, subdivision 1; 16B.46; 16B.465; 16B.72; 1.19 16B.73; 16B.748; 16C.14, subdivision 1; 16D.04, 1.20 subdivision 2; 16E.01, subdivision 1; 16E.02; 16E.08; 1.21 18.54; 21.92; 43A.047; 43A.22; 43A.23, subdivisions 1 1.22 and 2; 43A.30, by adding a subdivision; 43A.31, 1.23 subdivision 2, and by adding a subdivision; 60A.964, 1.24 subdivision 1; 60A.972, subdivision 3; 97B.025; 1.25 103G.301, subdivision 2; 103I.525, subdivision 9; 1.26 103I.531, subdivision 9; 103I.535, subdivision 9; 1.27 103I.541, subdivision 5; 115B.49, subdivisions 2 and 1.28 4; 115B.491, subdivisions 2 and 3; 116.07, subdivision 1.29 4d; 116.12; 116C.834, subdivision 1; 128C.02, by 1.30 adding a subdivision; 138.17, subdivisions 7 and 8; 1.31 144.98, subdivision 3; 176.102, subdivision 14; 1.32 183.375, subdivision 5; 192.49, subdivision 3; 197.79, 1.33 subdivision 10; 202A.18, by adding a subdivision; 1.34 202A.20, subdivision 2; 204B.25, subdivision 2, and by 1.35 adding a subdivision; 204B.27, by adding a 1.36 subdivision; 204B.28, subdivision 1; 223.17, 1.37 subdivision 3; 239.101, subdivision 4; 240A.09; 1.38 297F.08, by adding a subdivision; 299M.04; 325K.03, by 1.39 adding a subdivision; 325K.04; 325K.05, subdivision 1; 1.40 325K.09, by adding a subdivision; 325K.10, subdivision 1.41 5; 325K.14, by adding a subdivision; 325K.15, by 1.42 adding a subdivision; 326.50; 326.86, subdivision 1; 1.43 and 349.163, subdivision 4; Laws 1993, chapter 192, 1.44 section 16; Laws 1994, chapter 643, section 69, 1.45 subdivision 1; Laws 1995, First Special Session 1.46 chapter 3, article 12, section 7, subdivision 1, as 2.1 amended; section 10; Laws 1997, chapter 202, article 2.2 2, section 61; and Laws 1998, chapter 366, section 2; 2.3 proposing coding for new law in Minnesota Statutes, 2.4 chapters 16A; 16B; 16C; 43A; 240A; and 325F; proposing 2.5 coding for new law as Minnesota Statutes, chapter 2.6 604B; repealing Minnesota Statutes 1998, sections 2.7 4A.08; 4A.09; 4A.10; 15.90; 15.91; 15.92; 16A.103, 2.8 subdivision 3; 16A.1285, subdivisions 4 and 5; 16E.11; 2.9 16E.12; 16E.13; 207A.01; 207A.02; 207A.03; 207A.04; 2.10 207A.06; 207A.07; 207A.08; 207A.09; and 207A.10; Laws 2.11 1991, chapter 235, article 5, section 3, as amended; 2.12 Minnesota Rules, part 8275.0045, subpart 2; and 1999 2.13 S.F. No. 2223, if enacted. 2.14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.15 ARTICLE 1 2.16 APPROPRIATIONS 2.17 Section 1. [STATE GOVERNMENT APPROPRIATIONS.] 2.18 The sums shown in the columns marked "APPROPRIATIONS" are 2.19 appropriated from the general fund, or another fund named, to 2.20 the agencies and for the purposes specified in this act, to be 2.21 available for the fiscal years indicated for each purpose. The 2.22 figures "1999," "2000," and "2001," where used in this act, mean 2.23 that the appropriation or appropriations listed under them are 2.24 available for the year ending June 30, 1999, June 30, 2000, or 2.25 June 30, 2001, respectively. 2.26 SUMMARY BY FUND 2.27 BIENNIAL 2.28 2000 2001 TOTAL 2.29 General $349,954,000 $308,497,000 $658,451,000 2.30 State 2.31 Government 2.32 Special Revenue 13,986,000 13,884,000 27,870,000 2.33 For 1999 - $465,000 2.34 Health Care Access 1,842,000 1,871,000 3,713,000 2.35 Environmental 236,000 242,000 478,000 2.36 Solid Waste Fund 660,000 670,000 1,330,000 2.37 Lottery Prize 2.38 Fund 110,000 -0- 110,000 2.39 Highway User 2.40 Tax Distribution 2,129,000 2,173,000 4,302,000 2.41 Trunk Highway 39,000 39,000 78,000 2.42 Workers' 2.43 Compensation 7,024,000 6,959,000 13,983,000 2.44 TOTAL $376,420,000 $334,854,000 $711,274,000 3.1 For 1999 - $465,000 3.2 APPROPRIATIONS 3.3 Available for the Year 3.4 Ending June 30 3.5 2000 2001 3.6 Sec. 2. LEGISLATURE 3.7 Subdivision 1. Total 3.8 Appropriation 58,340,000 63,117,000 3.9 Summary by Fund 3.10 General 58,151,000 62,928,000 3.11 Health Care Access 150,000 150,000 3.12 Trunk Highway 39,000 39,000 3.13 The amounts that may be spent from this 3.14 appropriation for each program are 3.15 specified in the following subdivisions. 3.16 Subd. 2. Senate 19,138,000 20,523,000 3.17 $40,000 the first year is for senate 3.18 media services to produce a videotape 3.19 on the legislative process and to 3.20 distribute it, along with a teachers' 3.21 guide, to all secondary schools in the 3.22 state, and for senate information 3.23 services to construct and maintain a 3.24 Worldwide Web site to publicize and 3.25 promote the videotape. 3.26 Subd. 3. House of Representatives 25,361,000 27,670,000 3.27 Subd. 4. Legislative 3.28 Coordinating Commission 13,841,000 14,924,000 3.29 Summary by Fund 3.30 General 13,652,000 14,735,000 3.31 Health Care Access 150,000 150,000 3.32 Trunk Highway 39,000 39,000 3.33 $5,600,000 the first year and 3.34 $6,372,000 the second year are for the 3.35 office of the revisor of statutes. 3.36 $1,184,000 the first year and 3.37 $1,217,000 the second year are for the 3.38 legislative reference library. 3.39 $4,963,000 the first year and 3.40 $5,096,000 the second year are for the 3.41 office of the legislative auditor. 3.42 The legislative commission on pensions 3.43 and retirement shall study and report 3.44 to the legislature by January 15, 2000, 3.45 on the comparability of pension and 3.46 other postretirement benefits between 3.47 public sector and private sector 3.48 employees. When comparing the 3.49 benefits, the commission shall select 3.50 comparable job classifications and 3.51 salary ranges. The study must compare 4.1 pension portability, initial monthly 4.2 benefits, average annual benefit 4.3 increases, employer and employee 4.4 contribution rates, availability of 4.5 early retirement incentives, 4.6 administrative costs, and other factors 4.7 as necessary to compare benefits. 4.8 Sec. 3. GOVERNOR AND 4.9 LIEUTENANT GOVERNOR 4,052,000 4,171,000 4.10 This appropriation is to fund the 4.11 offices of the governor and lieutenant 4.12 governor. 4.13 $19,000 the first year and $19,000 the 4.14 second year are for necessary expenses 4.15 in the normal performance of the 4.16 governor's and lieutenant governor's 4.17 duties for which no other reimbursement 4.18 is provided. 4.19 By September 1 of each year, the 4.20 commissioner of finance shall report to 4.21 the chairs of the senate governmental 4.22 operations budget division and the 4.23 house state government finance division 4.24 any personnel costs incurred by the 4.25 office of the governor and lieutenant 4.26 governor that were supported by 4.27 appropriations to other agencies during 4.28 the previous fiscal year. The office 4.29 of the governor shall inform the chairs 4.30 of the divisions before initiating any 4.31 interagency agreements. 4.32 Not later than September 30, 1999, the 4.33 governor, in consultation with the 4.34 commissioners of agriculture and trade 4.35 and economic development, shall prepare 4.36 and submit an application for federal 4.37 permits as may be needed to authorize 4.38 the growing of experimental and 4.39 demonstration plots of industrial 4.40 hemp. The governor shall also direct 4.41 the commissioner of agriculture, in 4.42 consultation with the commissioner of 4.43 public safety and other appropriate 4.44 commissioners, to establish standards 4.45 and forms for persons wishing to 4.46 register for growing experimental and 4.47 demonstration plots of industrial hemp. 4.48 Sec. 4. STATE AUDITOR 8,967,000 9,311,000 4.49 Sec. 5. STATE TREASURER 2,563,000 2,283,000 4.50 $1,030,000 the first year and 4.51 $1,061,000 the second year are for the 4.52 treasurer to pay for banking services 4.53 by fees rather than by compensating 4.54 balances. 4.55 $75,000 the first year is a one-time 4.56 appropriation for a project to maximize 4.57 the use of electronic payments and 4.58 electronic receipts for state 4.59 transactions. The state treasurer 4.60 shall report on the progress of this 4.61 project to the chairs of the 4.62 legislative committees responsible for 5.1 this budget item by January 15, 2000, 5.2 and 2001. 5.3 $278,000 the first year is to pay the 5.4 cost of clearing sales tax rebate 5.5 checks through commercial banks. 5.6 Sec. 6. ATTORNEY GENERAL 27,853,000 28,177,000 5.7 Summary by Fund 5.8 General 25,545,000 25,852,000 5.9 State Government 5.10 Special Revenue 1,713,000 1,717,000 5.11 Environmental 135,000 138,000 5.12 Solid Waste 460,000 470,000 5.13 $991,000 the first year and $912,000 5.14 the second year are one-time 5.15 appropriations to improve information 5.16 technology. The attorney general shall 5.17 report on the progress of this project 5.18 to the chairs of the legislative 5.19 committees responsible for this budget 5.20 item by January 15, 2000, and 2001. 5.21 The attorney general and commissioner 5.22 of finance shall continue to review the 5.23 funding mechanism for legal services. 5.24 By February 15, 2000, they shall submit 5.25 a joint report to the committees 5.26 responsible for funding the office of 5.27 the attorney general that details 5.28 further refinements to the legal 5.29 services funding mechanism. 5.30 The report should attempt to do the 5.31 following: 5.32 (1) identify criteria that 5.33 differentiate between a partner and a 5.34 pooled agency; 5.35 (2) clarify whose responsibility it is 5.36 to request funding for pooled 5.37 agencies: the attorney general, the 5.38 agency, or both; 5.39 (3) determine what process the billing 5.40 rate should follow before 5.41 implementation; 5.42 (4) establish a mechanism to ensure 5.43 that legal service resources are 5.44 allocated as intended by the 5.45 legislature and a process to address 5.46 situations where demand exceeds 5.47 resources; 5.48 (5) determine if partner agencies 5.49 should continue to have general fund 5.50 dollars set aside in the attorney 5.51 general's base; and 5.52 (6) determine what method is used to 5.53 ascertain how much funding for legal 5.54 services the attorney general has in 5.55 its base for each agency. 6.1 Sec. 7. SECRETARY OF STATE 11,844,000 6,160,000 6.2 $5,803,000 the first year is a one-time 6.3 appropriation to upgrade the office's 6.4 computer systems by converting stored 6.5 data to digital images, by bringing the 6.6 systems into compliance with year 2000 6.7 requirements, and by completing phase 2 6.8 of the office computer system upgrade 6.9 project. The secretary of state shall 6.10 report on the progress of this project 6.11 to the chairs of the legislative 6.12 committees responsible for this budget 6.13 item by January 15, 2000, and 2001. 6.14 Sec. 8. CAMPAIGN FINANCE AND 6.15 PUBLIC DISCLOSURE BOARD 712,000 707,000 6.16 Sec. 9. INVESTMENT BOARD 2,310,000 2,376,000 6.17 Sec. 10. ADMINISTRATIVE HEARINGS 7,064,000 6,859,000 6.18 Summary by Fund 6.19 General 400,000 6.20 Workers' 6.21 Compensation 6,664,000 6,859,000 6.22 The chief administrative law judge, in 6.23 cooperation with the state court 6.24 administrator, shall develop and 6.25 present to the legislature by January 6.26 15, 2000, a plan for funding the cost 6.27 of child support hearings out of 6.28 appropriations to the judicial branch 6.29 without increasing those appropriations. 6.30 The appropriation from the workers' 6.31 compensation special compensation fund 6.32 is for considering workers' 6.33 compensation claims. 6.34 Sec. 11. OFFICE OF STRATEGIC 6.35 AND LONG-RANGE PLANNING 6,891,000 4,417,000 6.36 $100,000 the first year is to integrate 6.37 the office's information technology and 6.38 is available until June 30, 2003. The 6.39 director shall report on the progress 6.40 of the unit to the chairs of the 6.41 legislative committees responsible for 6.42 this budget item by January 15, 2000, 6.43 2001, and 2002. 6.44 $1,600,000 the first year is for a 6.45 generic environmental impact statement 6.46 on animal agriculture. 6.47 $200,000 the first year is to perform 6.48 program evaluations of agencies in the 6.49 executive branch. 6.50 The program evaluation division will 6.51 report to the legislature by December 6.52 1, 2000, ways to reduce state 6.53 government expenditures by five to ten 6.54 percent. 6.55 $100,000 the first year is to provide 6.56 administrative support to 7.1 community-based planning efforts. 7.2 $150,000 the first year is for a grant 7.3 of $50,000 to the southwest regional 7.4 development commission for the 7.5 continuation of the pilot program and 7.6 two additional grants of $50,000 each 7.7 to regional development commissions or, 7.8 in regions not served by regional 7.9 development commissions, to regional 7.10 organizations selected by the director 7.11 of strategic and long-range planning, 7.12 to support planning work on behalf of 7.13 local units of government. The 7.14 planning work shall include, but need 7.15 not be limited to: 7.16 (1) development of local zoning 7.17 ordinances; 7.18 (2) land use plans; 7.19 (3) community or economic development 7.20 plans; 7.21 (4) transportation and transit plans; 7.22 (5) solid waste management plans; 7.23 (6) wastewater management plans; 7.24 (7) workforce development plans; 7.25 (8) housing development plans and/or 7.26 market analysis; 7.27 (9) rural health service plans; 7.28 (10) natural resources management 7.29 plans; or 7.30 (11) development of geographical 7.31 information systems database to serve a 7.32 region's needs, including hardware and 7.33 software purchases and related labor 7.34 costs. 7.35 $200,000 the first year is to prepare 7.36 the generic environmental impact 7.37 statement on urban development required 7.38 by section 108. Any unencumbered 7.39 balance remaining in the first year 7.40 does not cancel and is available for 7.41 the second year of the biennium. 7.42 $24,000 the first year is for the 7.43 southwest Minnesota wind monitoring 7.44 project. 7.45 Sec. 12. ADMINISTRATION 7.46 Subdivision 1. Total 7.47 Appropriation 50,288,000 36,692,000 7.48 For 1999 - $465,000 7.49 Summary by Fund 7.50 General 38,155,000 24,925,000 7.51 State Government 8.1 Special Revenue 11,873,000 11,767,000 8.2 For 1999 - $465,000 8.3 Workers' 8.4 Compensation 260,000 -0- 8.5 The amounts that may be spent from this 8.6 appropriation for each program are 8.7 specified in the following subdivisions. 8.8 Subd. 2. Operations Management 8.9 4,007,000 4,155,000 8.10 Subd. 3. Office of Technology 8.11 5,499,000 2,707,000 8.12 The commissioner of administration 8.13 shall develop and submit to the chairs 8.14 of the senate governmental operations 8.15 budget division and the house state 8.16 government finance committee by January 8.17 15, 2000, a long-range plan identifying 8.18 the mission and goals of the office of 8.19 technology. The appropriation for the 8.20 second year is not available until the 8.21 plan has been approved by a law enacted 8.22 at the 2000 regular session. 8.23 Summary by Fund 8.24 General 5,071,000 2,707,000 8.25 State Government 8.26 Special Revenue 168,000 -0- 8.27 Workers' 8.28 Compensation 260,000 -0- 8.29 The amounts that may be spent from this 8.30 appropriation for each purpose are as 8.31 follows: 8.32 (a) Administrative Services 8.33 2,871,000 2,707,000 8.34 $468,000 the first year and $468,000 8.35 the second year are for ongoing costs 8.36 of the North Star II project under 8.37 Minnesota Statutes, section 16E.07. 8.38 $220,000 the first year is to continue 8.39 the intergovernmental information 8.40 systems advisory council for one more 8.41 year. 8.42 (b) One-Stop Business Licensing 8.43 $500,000 the first year is a one-time 8.44 appropriation for the one-stop business 8.45 licensing system project under 8.46 Minnesota Statutes, section 16E.08. 8.47 The commissioner shall report on the 8.48 progress of this project to the chairs 8.49 of the legislative committees 8.50 responsible for this budget item by 8.51 January 15, 2000, and 2001. Before the 8.52 system is put into operation, the 9.1 security information technology project 9.2 of the commissioner of administration 9.3 shall perform a security audit of the 9.4 system and submit a report on the audit 9.5 to the chairs of the governmental 9.6 operations budget division of the 9.7 senate and the state government finance 9.8 committee of the house of 9.9 representatives. 9.10 (c) Small Agency Infrastructure 9.11 Summary by Fund 9.12 General 1,700,000 -0- 9.13 State Government 9.14 Special Revenue 168,000 -0- 9.15 Workers' 9.16 Compensation 260,000 -0- 9.17 This appropriation is for a one-time 9.18 transfer to eligible small agencies for 9.19 the small agency infrastructure 9.20 project. The commissioner of 9.21 administration shall determine 9.22 priorities for which projects should be 9.23 funded, except that $323,000 is for the 9.24 public utilities commission. An agency 9.25 whose strategic plan for information 9.26 technology was not approved before 9.27 April 1, 1999, may not receive money 9.28 from this appropriation. This 9.29 appropriation is available until June 9.30 30, 2003. The commissioner shall 9.31 report on the progress of this project 9.32 to the chairs of the legislative 9.33 committees responsible for this budget 9.34 item by January 15, 2000, 2001, and 9.35 2002. 9.36 Subd. 4. Intertechnologies Group 9.37 21,121,000 12,626,000 9.38 Summary by Fund 9.39 General 9,416,000 859,000 9.40 State Government 9.41 Special Revenue 11,705,000 11,767,000 9.42 For 1999 - $465,000 9.43 The appropriation from the special 9.44 revenue fund is for recurring costs of 9.45 911 emergency telephone service. 9.46 $2,075,000 the first year is a one-time 9.47 appropriation to create a directory 9.48 services infrastructure to support the 9.49 electronic delivery of government 9.50 services and is available until June 9.51 30, 2003. The commissioner shall 9.52 report on the progress of this project 9.53 to the chairs of the legislative 9.54 committees responsible for this budget 9.55 item by January 15, 2000, 2001, and 9.56 2002. 10.1 $340,000 the first year is a one-time 10.2 appropriation to conduct coordinated 10.3 security impact analysis and planning 10.4 in state agencies to support the 10.5 electronic delivery of government 10.6 services. The commissioner shall 10.7 report on the progress of this project 10.8 to the chairs of the legislative 10.9 committees responsible for this budget 10.10 item by January 15, 2000, and 2001. 10.11 $1,400,000 the first year is a one-time 10.12 appropriation to create the security 10.13 infrastructure for network-based 10.14 systems to enable the electronic 10.15 delivery of government services and is 10.16 available until June 30, 2003. The 10.17 commissioner shall report on the 10.18 progress of this project to the chairs 10.19 of the legislative committees 10.20 responsible for this budget item by 10.21 January 15, 2000, 2001, and 2002. 10.22 $350,000 the first year is for costs 10.23 related to the operation of the year 10.24 2000 project office. 10.25 $2,150,000 the first year is a one-time 10.26 appropriation to modify state business 10.27 systems to address year 2000 changes. 10.28 Up to $150,000 of this appropriation 10.29 may be allocated for year 2000 project 10.30 office costs. The appropriation is 10.31 available only upon approval of the 10.32 commissioner of finance after the 10.33 commissioner has determined that all 10.34 other money allocated for replacement 10.35 or enhancement of existing technology 10.36 for year 2000 compliance will be 10.37 expended. Notwithstanding Minnesota 10.38 Statutes, section 16A.285, after notice 10.39 to the commissioner of finance, any 10.40 unexpended balance of this 10.41 appropriation remaining after all year 10.42 2000 problems have been addressed may 10.43 be transferred and added to any of the 10.44 appropriations in this act for 10.45 information technology projects that 10.46 are available until June 30, 2003. A 10.47 transfer must be reported to the chairs 10.48 of the senate governmental operations 10.49 budget division and the house state 10.50 government finance committee. 10.51 $2,260,000 the first year is a one-time 10.52 appropriation to the department of 10.53 administration for the ongoing costs 10.54 incurred by the state agencies 10.55 participating in the state-county 10.56 collaboration project. For the 10.57 biennium beginning July 1, 2001, and 10.58 thereafter, the base appropriations 10.59 attributable to agencies other than the 10.60 department of administration must be 10.61 included in the budgets of those other 10.62 state agencies. 10.63 Subd. 5. Facilities Management 10.64 11,602,000 9,418,000 11.1 $5,447,000 the first year and 11.2 $5,460,000 the second year are for 11.3 office space costs of the legislature 11.4 and veterans organizations, for 11.5 ceremonial space, and for statutorily 11.6 free space. 11.7 $1,672,000 the first year is to 11.8 demolish the capitol square building 11.9 and restructure the site as a temporary 11.10 parking lot. 11.11 $520,000 the first year is to rebuild 11.12 and upgrade electronic security systems 11.13 in the capitol complex. The 11.14 commissioner shall report on the 11.15 progress of this project to the chairs 11.16 of the legislative committees 11.17 responsible for this budget item by 11.18 January 15, 2000. 11.19 The commissioner of administration 11.20 shall install on the automatically 11.21 operated landscape irrigation system in 11.22 the capitol area a device, commonly 11.23 known as a rain check, to prevent the 11.24 system from being activated when a 11.25 predetermined amount of precipitation 11.26 has accumulated. 11.27 $100,000 the first year is for grants 11.28 to places of public accommodation to 11.29 assist them in achieving compliance 11.30 with the bleacher safety requirements 11.31 of new Minnesota Statutes, section 11.32 16B.616. The commissioner shall give 11.33 highest priority to grant requests from 11.34 political subdivisions for whom the 11.35 cost of achieving compliance is the 11.36 greatest financial hardship. State 11.37 grants are available when the 11.38 commissioner has determined that 11.39 matching funds in an amount equal to 11.40 the grant have been committed. Any 11.41 unencumbered balance remaining in the 11.42 first year does not cancel and is 11.43 available for the second year of the 11.44 biennium. 11.45 Subd. 6. Management Services 11.46 3,622,000 3,670,000 11.47 $250,000 the first year and $200,000 11.48 the second year are for the information 11.49 policy training program under Minnesota 11.50 Statutes, section 13.073. 11.51 $150,000 the first year and $150,000 11.52 the second year are for a one-time 11.53 transfer to the Minnesota historical 11.54 society for the information policy 11.55 training program under Minnesota 11.56 Statutes, sections 13.073 and 138.17, 11.57 subdivisions 7 and 8. 11.58 $192,000 the first year and $196,000 11.59 the second year are for the office of 11.60 the state archaeologist. 11.61 Subd. 7. Fiscal Agent 12.1 994,000 786,000 12.2 $72,000 the first year and $74,000 the 12.3 second year are for the developmental 12.4 disabilities council. 12.5 $660,000 the first year and $450,000 12.6 the second year are for the STAR 12.7 program. 12.8 $2,000 the first year and $2,000 the 12.9 second year are for the state 12.10 employees' band. 12.11 $260,000 the first year and $260,000 12.12 the second year are for a grant to the 12.13 Minnesota Children's Museum, of which 12.14 $100,000 the first year and $100,000 12.15 the second year are an appropriation 12.16 for administrative costs of Project 12.17 Greenstart. 12.18 Subd. 8. Public Broadcasting 12.19 3,443,000 3,330,000 12.20 $1,450,000 the first year and 12.21 $1,450,000 the second year are for 12.22 matching grants for public television. 12.23 $600,000 the first year and $600,000 12.24 the second year are for public 12.25 television equipment needs. Equipment 12.26 grant allocations shall be made after 12.27 considering the recommendations of the 12.28 Minnesota public television association. 12.29 $113,000 the first year is for grants 12.30 to noncommercial television stations to 12.31 assist with conversion to a digital 12.32 broadcast signal as mandated by the 12.33 federal government. In order to 12.34 qualify for a grant, a station must 12.35 meet the criteria established for 12.36 grants in Minnesota Statutes, section 12.37 129D.12, subdivision 2. 12.38 $441,000 the first year and $441,000 12.39 the second year are for grants for 12.40 public information television 12.41 transmission of legislative 12.42 activities. At least one-half must go 12.43 for programming to be broadcast in 12.44 rural Minnesota. 12.45 $25,000 the first year and $25,000 the 12.46 second year are for grants to the Twin 12.47 Cities regional cable channel. 12.48 $320,000 the first year and $320,000 12.49 the second year are for community 12.50 service grants to public educational 12.51 radio stations, which must be allocated 12.52 after considering the recommendations 12.53 of the Association of Minnesota Public 12.54 Educational Radio Stations under 12.55 Minnesota Statutes, section 129D.14. 12.56 Of this appropriation, $30,000 the 12.57 first year and $30,000 the second year 12.58 are for station WTIP-FM in Grand 12.59 Marais, which need not meet the 13.1 requirements of Minnesota Statutes, 13.2 section 129D.14, until July 1, 2002. 13.3 $494,000 the first year and $494,000 13.4 the second year are for equipment 13.5 grants to public radio stations. These 13.6 grants must be allocated after 13.7 considering the recommendations of the 13.8 Association of Minnesota Public 13.9 Educational Radio Stations and 13.10 Minnesota Public Radio, Inc. 13.11 If an appropriation for either year for 13.12 grants to public television or radio 13.13 stations is not sufficient, the 13.14 appropriation for the other year is 13.15 available for it. 13.16 Sec. 13. CAPITOL AREA ARCHITECTURAL 13.17 AND PLANNING BOARD 888,000 306,000 13.18 $586,000 the first year is to design 13.19 and construct a memorial to Hubert H. 13.20 Humphrey; to make a grant to the 13.21 National World War II Memorial Fund, 13.22 2300 Clarendon Boulevard, Suite 501, 13.23 Arlington, Virginia 22201, as a 13.24 contribution to a national World War II 13.25 memorial; and for the capitol area 13.26 architectural and planning board, in 13.27 cooperation with the Minnesota 13.28 historical society and the Philippine 13.29 study group of Minnesota, to install in 13.30 the capitol rotunda a plaque that 13.31 corrects inaccurate historical 13.32 information presented on the current 13.33 Spanish-American War commemorative 13.34 plaque. 13.35 Sec. 14. FINANCE 13.36 Subdivision 1. Total 13.37 Appropriation 24,448,000 17,925,000 13.38 The amounts that may be spent from this 13.39 appropriation for each program are 13.40 specified in the following subdivisions. 13.41 Subd. 2. State Financial Management 13.42 7,805,000 7,993,000 13.43 Subd. 3. Information and 13.44 Management Services 13.45 16,643,000 9,932,000 13.46 $100,000 the first year is for a grant 13.47 to the city of Mankato to complete the 13.48 Mankato area growth management and 13.49 planning study, phase 2. The 13.50 appropriation is available until June 13.51 30, 2002. The appropriation must be 13.52 matched by an in-kind donation of 13.53 $100,000 in administrative, technical, 13.54 and higher educational internship 13.55 support and supervision. The value of 13.56 the in-kind donations must be 13.57 determined by the commissioner of 13.58 finance. 14.1 The city shall serve as fiscal agent to 14.2 complete the study under the 1997 14.3 regional planning joint powers 14.4 agreement among the cities of Mankato, 14.5 North Mankato, and Eagle Lake; the 14.6 counties of Nicollet and Blue Earth; 14.7 and the towns of Mankato, South Bend, 14.8 Lime, Decoria, and Belgrade, without 14.9 limitation on the rights of the parties 14.10 to that agreement to add or remove 14.11 members. The study is intended as an 14.12 alternative to community-based 14.13 planning. The study is intended to 14.14 develop information and analysis to 14.15 provide guidance on such issues as: 14.16 (1) the development of joint planning 14.17 agreements to implement a unified 14.18 growth management strategy; 14.19 (2) joint service ventures, such as 14.20 planning or zoning administration in 14.21 urban fringe areas; 14.22 (3) orderly growth and annexation 14.23 agreements between cities and 14.24 townships; 14.25 (4) feedlot regulations in urban fringe 14.26 areas and future growth corridors; 14.27 (5) service strategies for unsewered 14.28 subdivisions; 14.29 (6) other joint ventures for city, 14.30 county, and township service delivery 14.31 in fringe areas; 14.32 (7) feasibility of a rural township 14.33 taxing district; and 14.34 (8) alternatives to the current 14.35 community-based planning legislation 14.36 that would add flexibility and improve 14.37 the planning process. 14.38 The city of Mankato shall report the 14.39 results of the study to the legislature 14.40 by January 15, 2002. 14.41 $6,839,000 the first year is a one-time 14.42 appropriation to upgrade the human 14.43 resources and payroll system and is 14.44 available until June 30, 2003. The 14.45 commissioner shall report on the 14.46 progress of this project to the chairs 14.47 of the legislative committees 14.48 responsible for this budget item by 14.49 January 15, 2000, 2001, and 2002. 14.50 The commissioner of finance shall work 14.51 with the commissioners of employee 14.52 relations and administration and shall 14.53 develop as part of the human resource 14.54 and payroll systems upgrade, and submit 14.55 to the chairs of the senate 14.56 governmental operations budget division 14.57 and the house state government finance 14.58 committee by January 15, 2000, a 14.59 long-range plan for the statewide 14.60 business systems: human resources, 15.1 payroll, accounting, and procurement. 15.2 The plan must detail each system's 15.3 original development costs, its 15.4 expected life cycle, the estimated cost 15.5 of upgrading software to newer versions 15.6 during its life cycle, its operating 15.7 costs to date, and the factors that are 15.8 expected to drive future operating 15.9 costs within the departments of 15.10 finance, administration, and employee 15.11 relations. The plan must also include 15.12 an evaluation of and recommendations on 15.13 whether, for the statewide business 15.14 systems, the state should use software 15.15 that is developed and maintained in 15.16 house; proprietary software, either 15.17 modified or unmodified; a private 15.18 vendor; or a particular combination of 15.19 these options. 15.20 The commissioner of finance, in 15.21 consultation with senate and house 15.22 fiscal staff and the commissioner of 15.23 administration, shall develop 15.24 recommendations for inclusion in the 15.25 governor's fiscal year 2002-2003 budget 15.26 document on the presentation of 15.27 internal service funds. The 15.28 commissioner of finance shall submit 15.29 the recommendations to the chairs of 15.30 the senate governmental operations 15.31 budget division and the house state 15.32 government finance committee by January 15.33 15, 2000. 15.34 Sec. 15. EMPLOYEE RELATIONS 15.35 Subdivision 1. Total 15.36 Appropriation 10,530,000 10,398,000 15.37 The amounts that may be spent from this 15.38 appropriation for each program are 15.39 specified in the following subdivisions. 15.40 Subd. 2. Employee Insurance 15.41 2,755,000 2,446,000 15.42 $310,000 the first year is to prepare 15.43 to implement an optional, 15.44 participant-paid, long-term care 15.45 insurance program to be available to 15.46 state employees and their spouses and 15.47 parents, as provided in new Minnesota 15.48 Statutes, section 43A.318. 15.49 $2,375,000 the first year and 15.50 $2,376,000 the second year are for 15.51 transfer to the state employees 15.52 insurance fund to self-insure all 15.53 medical coverage provided through the 15.54 state employees group insurance 15.55 program, including the University of 15.56 Minnesota. 15.57 During the biennium ending June 30, 15.58 2001, the amount necessary to pay 15.59 premiums for coverage by the workers' 15.60 compensation reinsurance association 15.61 under Minnesota Statutes, section 15.62 79.34, is appropriated from the general 16.1 fund to the commissioner. 16.2 Subd. 3. Human Resources 16.3 Management 16.4 7,775,000 7,952,000 16.5 $123,000 the first year and $115,000 16.6 the second year are for a grant to the 16.7 government training service, of which 16.8 $48,000 the first year and $40,000 the 16.9 second year are a one-time 16.10 appropriation for information 16.11 technology and $25,000 the first year 16.12 and $25,000 the second year are a 16.13 one-time appropriation to conduct 16.14 conferences. 16.15 Subd. 4. Technology Budget Book 16.16 The department shall prepare a separate 16.17 budget book for the biennium beginning 16.18 July 1, 2001, containing all of the 16.19 administration's technology 16.20 initiatives. The book must also 16.21 include a complete inventory of 16.22 state-owned and leased technology, 16.23 along with a projected replacement 16.24 schedule. The inventory must include 16.25 information on how the technology fits 16.26 into the state's master plan. 16.27 Sec. 16. REVENUE 16.28 Subdivision 1. Total 16.29 Appropriation 99,988,000 89,515,000 16.30 Summary by Fund 16.31 General 95,866,000 85,317,000 16.32 Health Care Access 1,692,000 1,721,000 16.33 Highway User 16.34 Tax Distribution 2,129,000 2,173,000 16.35 Environmental 101,000 104,000 16.36 Solid Waste 200,000 200,000 16.37 The amounts that may be spent from this 16.38 appropriation for each program are 16.39 specified in the following subdivisions. 16.40 Subd. 2. Tax System Management 16.41 97,942,000 87,477,000 16.42 Summary by Fund 16.43 General 93,380,000 82,760,000 16.44 Health Care Access 1,692,000 1,721,000 16.45 Highway User 16.46 Tax Distribution 2,129,000 2,173,000 16.47 Environmental 101,000 104,000 16.48 Solid Waste 200,000 200,000 17.1 $12,000,000 the first year is a 17.2 one-time appropriation for the income 17.3 tax reengineering initiative and is 17.4 available until June 30, 2003, if the 17.5 carryforward from one biennium to the 17.6 next is approved by the commissioner of 17.7 finance after receiving the 17.8 recommendation of the chairs of the 17.9 funding committees overseeing the 17.10 department and in accordance with the 17.11 department's technology plan approved 17.12 by the commissioner of administration. 17.13 Failure or refusal to make a 17.14 recommendation promptly is deemed a 17.15 negative recommendation. The 17.16 commissioner of revenue shall report on 17.17 the progress of this project to the 17.18 chairs of the legislative committees 17.19 responsible for this budget item by 17.20 January 15, 2000, 2001, and 2002. 17.21 $400,000 the first year is a one-time 17.22 appropriation to administer the farm 17.23 relief program enacted by the 1999 17.24 legislature. 17.25 Subd. 3. Accounts Receivable Management 17.26 2,486,000 2,557,000 17.27 Subd. 4. Other Provisions 17.28 The building located in the capitol 17.29 complex at 600 North Robert Street, St. 17.30 Paul, is designated and named the 17.31 Harold E. Stassen building. 17.32 Sec. 17. MILITARY AFFAIRS 17.33 Subdivision 1. Total 17.34 Appropriation 10,896,000 11,041,000 17.35 The amounts that may be spent from this 17.36 appropriation for each program are 17.37 specified in the following subdivisions. 17.38 Subd. 2. Maintenance of Training 17.39 Facilities 17.40 6,777,000 6,869,000 17.41 $1,325,000 the first year and 17.42 $1,325,000 the second year are 17.43 appropriated for asset preservation and 17.44 facility repair. This appropriation 17.45 may be transferred between programs, to 17.46 the extent it is used for the same 17.47 purpose. The adjutant general may use 17.48 other available funding for this 17.49 purpose, to the extent it is not 17.50 inconsistent with any other law. 17.51 Subd. 3. General Support 17.52 1,690,000 1,742,000 17.53 $35,000 the first year and $35,000 the 17.54 second year are a one-time 17.55 appropriation to assist in the 17.56 operation and staffing of the Minnesota 17.57 national guard youth camp at Camp 18.1 Ripley. This appropriation is 18.2 available only as matched, dollar for 18.3 dollar, by money from nonstate sources. 18.4 Subd. 4. Enlistment Incentives 18.5 2,354,000 2,355,000 18.6 Obligations for the reenlistment bonus 18.7 program, suspended on December 31, 18.8 1991, shall be paid from the amounts 18.9 available within the enlistment 18.10 incentives program. 18.11 If appropriations for either year of 18.12 the biennium are insufficient, the 18.13 appropriation from the other year is 18.14 available. The appropriations for 18.15 enlistment incentives are available 18.16 until expended. 18.17 Subd. 5. Emergency Services 18.18 75,000 75,000 18.19 These appropriations are for expenses 18.20 of military forces ordered to active 18.21 duty under Minnesota Statutes, chapter 18.22 192. If the appropriation for either 18.23 year is insufficient, the appropriation 18.24 for the other year is available for it. 18.25 Sec. 18. VETERANS AFFAIRS 5,885,000 4,369,000 18.26 $1,544,000 the first year and 18.27 $1,544,000 the second year are for 18.28 emergency financial and medical needs 18.29 of veterans. If the appropriation for 18.30 either year is insufficient, the 18.31 appropriation for the other year is 18.32 available for it. 18.33 $12,000 the first year and $13,000 the 18.34 second year are one-time funding to 18.35 provide grants to local veterans' 18.36 organizations that provide 18.37 transportation services for veterans to 18.38 veterans administration medical 18.39 facilities. 18.40 The commissioner of veterans affairs, 18.41 in cooperation with the board of 18.42 directors of the Minnesota veterans 18.43 homes and the United States Veterans 18.44 Administration, shall study the 18.45 feasibility and desirability of 18.46 supplementing the missions of the 18.47 veterans homes and the Veterans 18.48 Administration hospitals in Minnesota 18.49 by entering into agreements with health 18.50 care providers throughout the state to 18.51 provide free or reduced-cost 18.52 comprehensive health care to veterans 18.53 close to their places of residence as a 18.54 supplement to private health 18.55 insurance. The commissioner shall 18.56 report the results of the study and any 18.57 recommendations to the legislature by 18.58 January 15, 2000. 18.59 With the approval of the commissioner 19.1 of finance, the commissioner of 19.2 veterans affairs may transfer the 19.3 unencumbered balance from the veterans 19.4 relief program to other department 19.5 programs during the fiscal year. 19.6 Before the transfer, the commissioner 19.7 of veterans affairs shall explain why 19.8 the unencumbered balance exists. The 19.9 amounts transferred must be identified 19.10 to the chairs of the senate 19.11 governmental operations budget 19.12 committee and the house state 19.13 government finance committee. 19.14 $275,000 the first year and $275,000 19.15 the second year are for a grant to the 19.16 Vinland National Center. 19.17 $1,485,000 the first year is to make 19.18 bonus payments authorized under 19.19 Minnesota Statutes, section 197.79. 19.20 The appropriation may not be used for 19.21 administrative purposes. The 19.22 appropriation does not expire until the 19.23 commissioner acts on all applications 19.24 submitted under Minnesota Statutes, 19.25 section 197.79. 19.26 $105,000 the first year is to 19.27 administer the bonus program 19.28 established under Minnesota Statutes, 19.29 section 197.79. The appropriation does 19.30 not expire until the commissioner acts 19.31 on all the applications submitted under 19.32 Minnesota Statutes, section 197.79. 19.33 $233,000 the first year and $235,000 19.34 the second year are for grants to 19.35 county veterans offices for training of 19.36 county veterans service officers. 19.37 Sec. 19. VETERANS OF FOREIGN 19.38 WARS 41,000 41,000 19.39 For carrying out the provisions of Laws 19.40 1945, chapter 455. 19.41 Sec. 20. MILITARY ORDER OF 19.42 THE PURPLE HEART 20,000 20,000 19.43 Sec. 21. DISABLED AMERICAN VETERANS 13,000 13,000 19.44 For carrying out the provisions of Laws 19.45 1941, chapter 425. 19.46 Sec. 22. GAMBLING CONTROL 2,183,000 2,241,000 19.47 Sec. 23. RACING COMMISSION 390,000 402,000 19.48 Sec. 24. STATE LOTTERY 110,000 19.49 This appropriation is from the lottery 19.50 prize fund to the commissioner of human 19.51 services for a grant to Project 19.52 Turnabout in Granite Falls to provide 19.53 compulsive gambling treatment and 19.54 education. The appropriation is 19.55 available until June 30, 2001, and must 19.56 not become part of the base 19.57 appropriation. 20.1 The director of the state lottery shall 20.2 reimburse the general fund $150,000 the 20.3 first year and $150,000 the second year 20.4 for lottery-related costs incurred by 20.5 the department of public safety. 20.6 Sec. 25. AMATEUR SPORTS 20.7 COMMISSION 6,619,000 639,000 20.8 $4,000,000 the first year is for grants 20.9 for ice centers under Minnesota 20.10 Statutes, section 240A.09, as amended 20.11 by this act. The prohibition in 20.12 Minnesota Statutes, section 240A.09, on 20.13 grants to colleges and universities 20.14 does not apply to the project at the 20.15 University of Minnesota-Duluth for 20.16 which a grant application was pending 20.17 on the effective date of the 20.18 amendment. Up to $1,000,000 of this 20.19 amount may be used for renovation 20.20 grants for existing ice arenas, 20.21 including renovation of bleachers to 20.22 meet code requirements. Any 20.23 unencumbered balance remaining in the 20.24 first year does not cancel and is 20.25 available for the second year of the 20.26 biennium. 20.27 $2,000,000 the first year is for grants 20.28 for amateur athletic facilities and 20.29 programs under section 91 and to 20.30 prepare the plan for soccer facilities 20.31 required by this section. $200,000 may 20.32 be used for special events or programs 20.33 and $30,000 may be used for the soccer 20.34 plan. Any unencumbered balance 20.35 remaining in the first year does not 20.36 cancel and is available for the second 20.37 year of the biennium. 20.38 The commission shall develop a plan to 20.39 stimulate the development of new 20.40 facilities primarily for soccer 20.41 throughout the state and to make grants 20.42 to assist with the development of these 20.43 facilities. The plan shall include an 20.44 assessment of needs, development and 20.45 financing alternatives, geographic and 20.46 demographic considerations, management 20.47 and use policies, and standards for the 20.48 design and construction of soccer 20.49 fields. Before adopting the plan, the 20.50 commission shall hold public meetings 20.51 in at least three locations throughout 20.52 the state to receive comment. The plan 20.53 must cover a 20-year development period. 20.54 Sec. 26. BOARD OF THE ARTS 20.55 Subdivision 1. Total Appropriation 13,064,000 13,094,000 20.56 Any unencumbered balance remaining in 20.57 this section the first year does not 20.58 cancel but is available for the second 20.59 year of the biennium. 20.60 Subd. 2. Operations and Services 20.61 989,000 1,019,000 21.1 Subd. 3. Grants Program 21.2 8,540,000 8,540,000 21.3 Subd. 4. Regional Arts Councils 21.4 3,535,000 3,535,000 21.5 Sec. 27. MINNESOTA HUMANITIES 21.6 COMMISSION 1,397,000 1,409,000 21.7 Any unencumbered balance remaining in 21.8 the first year does not cancel but is 21.9 available for the second year of the 21.10 biennium. 21.11 $500,000 the first year and $500,000 21.12 the second year are a one-time 21.13 appropriation for the 21.14 Motheread/Fatheread program. 21.15 Sec. 28. GENERAL CONTINGENT 21.16 ACCOUNTS 600,000 600,000 21.17 Summary by Fund 21.18 General 100,000 100,000 21.19 State Government 21.20 Special Revenue 400,000 400,000 21.21 Workers' Compensation 100,000 100,000 21.22 The appropriations in this section must 21.23 be spent with the approval of the 21.24 governor after consultation with the 21.25 legislative advisory commission under 21.26 Minnesota Statutes, section 3.30. 21.27 If an appropriation in this section for 21.28 either year is insufficient, the 21.29 appropriation for the other year is 21.30 available for it. 21.31 The special revenue appropriation is 21.32 available to be transferred to the 21.33 attorney general when the costs to 21.34 provide legal services to the health 21.35 boards exceed the biennial 21.36 appropriation to the attorney general 21.37 from the special revenue fund and for 21.38 transfer to the health boards if 21.39 required for unforeseen expenditures of 21.40 an emergency nature. The boards 21.41 receiving the additional services or 21.42 supplemental appropriations shall set 21.43 their fees to cover the costs. 21.44 Sec. 29. TORT CLAIMS 275,000 275,000 21.45 To be spent by the commissioner of 21.46 finance. 21.47 If the appropriation for either year is 21.48 insufficient, the appropriation for the 21.49 other year is available for it. 21.50 Sec. 30. MINNESOTA STATE 21.51 RETIREMENT SYSTEM 3,998,000 4,014,000 21.52 The amounts estimated to be needed for 22.1 each program are as follows: 22.2 (a) Legislators 22.3 3,800,000 3,800,000 22.4 Under Minnesota Statutes, sections 22.5 3A.03, subdivision 2; 3A.04, 22.6 subdivisions 3 and 4; and 3A.11. 22.7 (b) Constitutional Officers 22.8 198,000 214,000 22.9 Under Minnesota Statutes, sections 22.10 352C.031, subdivision 5; 352C.04, 22.11 subdivision 3; and 352C.09, subdivision 22.12 2. 22.13 If an appropriation in this section for 22.14 either year is insufficient, the 22.15 appropriation for the other year is 22.16 available for it. 22.17 Sec. 31. MINNEAPOLIS EMPLOYEES 22.18 RETIREMENT FUND 6,442,000 6,442,000 22.19 $5,892,000 the first year and 22.20 $5,892,000 the second year are to the 22.21 commissioner of finance for payment to 22.22 the Minneapolis employees retirement 22.23 fund under Minnesota Statutes, section 22.24 422A.101, subdivision 3. Payment must 22.25 be made in four equal installments, 22.26 March 15, July 15, September 15, and 22.27 November 15 each year. 22.28 $550,000 the first year and $550,000 22.29 the second year are to the commissioner 22.30 of finance for payment to the 22.31 Minneapolis employees retirement fund 22.32 for the supplemental benefit for 22.33 pre-1973 retirees under Minnesota 22.34 Statutes, section 356.865. 22.35 Sec. 32. POLICE AND FIRE 22.36 AMORTIZATION AID 6,295,000 6,303,000 22.37 $4,925,000 the first year and 22.38 $4,925,000 the second year are to the 22.39 commissioner of revenue for state aid 22.40 to amortize the unfunded liability of 22.41 local police and salaried firefighters 22.42 relief associations under Minnesota 22.43 Statutes, section 423A.02. 22.44 $1,000,000 the first year and 22.45 $1,000,000 the second year are to the 22.46 commissioner of revenue for 22.47 supplemental state aid to amortize the 22.48 unfunded liability of local police and 22.49 salaried firefighters relief 22.50 associations under Minnesota Statutes, 22.51 section 423A.02, subdivision 1a. 22.52 $370,000 the first year and $378,000 22.53 the second year are to the commissioner 22.54 of revenue to pay reimbursements to 22.55 relief associations for firefighter 22.56 supplemental benefits paid under 22.57 Minnesota Statutes, section 424A.10. 23.1 Sec. 33. BOARD OF GOVERNMENT 23.2 INNOVATION AND COOPERATION 1,014,000 1,018,000 23.3 Sec. 34. [STATEWIDE SYSTEMS ACCOUNT.] 23.4 Subdivision 1. [CONTINUATION.] The statewide systems 23.5 account is a separate account in the general fund. All money 23.6 resulting from billings for statewide systems services must be 23.7 deposited in the account. For the purposes of this section, 23.8 statewide systems includes the state accounting system, payroll 23.9 system, human resources system, procurement system, and related 23.10 information access systems. 23.11 Subd. 2. [BILLING PROCEDURES.] The commissioner of finance 23.12 may bill up to $7,520,000 in fiscal year 2000 and $7,520,000 in 23.13 fiscal year 2001 for statewide systems services provided to 23.14 state agencies, judicial branch agencies, the University of 23.15 Minnesota, the Minnesota state colleges and universities, and 23.16 other entities. Billing must be based only on usage of services 23.17 relating to statewide systems provided by the intertechnologies 23.18 division. Each agency shall transfer from agency operating 23.19 appropriations to the statewide systems account the amount 23.20 billed by the commissioner. Billing policies and procedures 23.21 related to statewide systems services must be developed by the 23.22 commissioner of finance in consultation with the commissioners 23.23 of employee relations and administration, the University of 23.24 Minnesota, and the Minnesota state colleges and universities. 23.25 Subd. 3. [APPROPRIATION.] Money transferred into the 23.26 account is appropriated to the commissioner of finance to pay 23.27 for statewide systems services during fiscal years 2000 and 2001. 23.28 Sec. 35. Minnesota Statutes 1998, section 3.3005, is 23.29 amended by adding a subdivision to read: 23.30 Subd. 3a. [CHANGE IN PURPOSE.] If a request to spend 23.31 federal money is included in a governor's budget request and 23.32 approved according to subdivision 2a, but the purpose for which 23.33 the money is to be used changes from the time of the request and 23.34 approval, the amount may be allotted for expenditure after a 23.35 revised request is submitted according to subdivision 2 or the 23.36 requirements of subdivision 5 are met. 24.1 Sec. 36. Minnesota Statutes 1998, section 3.17, is amended 24.2 to read: 24.3 3.17 [JOURNALS.] 24.4 A journal of the daily proceedings in each house shall be 24.5 printed and laid before each member at the beginning of the next 24.6 day's session. After it has been publicly read and corrected, a 24.7 copy, kept by the secretary and chief clerk, respectively, and a 24.8 transcript as approved shall be certified by the secretary or 24.9 clerk to the printer, who shall print the corrected permanent 24.10 journal. Executive messages, addresses, reports, 24.11 communications, and voluminous documents other than amendments 24.12 to the constitution or to bills and resolutions and the protests 24.13 of members submitted under the constitution, article 4, section 24.14 11, shall be omitted from the journals, unless otherwise ordered 24.15 by vote. Before distributing journals and other publications to 24.16 members, legislative staff, and others, each house shall notify 24.17 prospective recipients of the cost of the publications and the 24.18 availability of the same information on the Internet. 24.19 Sec. 37. Minnesota Statutes 1998, section 3C.12, 24.20 subdivision 2, is amended to read: 24.21 Subd. 2. [FREE DISTRIBUTION.] The revisor shall distribute 24.22 without charge copies of each edition of Minnesota Statutes, 24.23 supplements to Minnesota Statutes, and Laws of Minnesota to the 24.24 persons or bodies listed in this subdivision. Before 24.25 distributing the copies, the revisor shall
askinform these 24.26 persons or bodies of the cost of the publication and the 24.27 availability of statutes and session laws on the Internet, and 24.28 shall ask whether their work requires the full number of copies 24.29 authorized by this subdivision. Unless a smaller number is 24.30 needed, the revisor shall distribute: 24.31 (a) 30 copies to the supreme court; 24.32 (b) 30 copies to the court of appeals; 24.33 (c) one copy to each judge of a district court; 24.34 (d) one copy to the court administrator of each district 24.35 court for use in each courtroom of the district court; 24.36 (e) one copy to each judge, district attorney, clerk of 25.1 court of the United States, and deputy clerk of each division of 25.2 the United States district court in Minnesota; 25.3 (f) 100 copies to the office of the attorney general; 25.4 (g) ten copies each to the governor's office, the 25.5 departments of agriculture, commerce, corrections, children, 25.6 families, and learning, finance, health, transportation, labor 25.7 and industry, economic security, natural resources, public 25.8 safety, public service, human services, revenue, and the 25.9 pollution control agency; 25.10 (h) two copies each to the lieutenant governor and the 25.11 state treasurer; 25.12 (i) 20 copies each to the department of administration, 25.13 state auditor, and legislative auditor; 25.14 (j) one copy each to other state departments, agencies, 25.15 boards, and commissions not specifically named in this 25.16 subdivision; 25.17 (k) one copy to each member of the legislature; 25.18 (l) 150 copies for the use of the senate and 200 copies for 25.19 the use of the house of representatives; 25.20 (m) 50 copies to the revisor of statutes from which the 25.21 revisor shall send the appropriate number to the Library of 25.22 Congress for copyright and depository purposes; 25.23 (n) four copies to the secretary of the senate; 25.24 (o) four copies to the chief clerk of the house of 25.25 representatives; 25.26 (p) 100 copies to the state law library; 25.27 (q) 100 copies to the law school of the University of 25.28 Minnesota; 25.29 (r) five copies each to the Minnesota historical society 25.30 and the secretary of state; 25.31 (s) one copy each to the public library of the largest 25.32 municipality of each county if the library is not otherwise 25.33 eligible to receive a free copy under this section or section 25.34 15.18; and 25.35 (t) one copy to each county library maintained pursuant to 25.36 chapter 134, except in counties containing cities of the first 26.1 class. If a county has not established a county library 26.2 pursuant to chapter 134, the copy shall be provided to any 26.3 public library in the county. 26.4 Sec. 38. Minnesota Statutes 1998, section 8.15, 26.5 subdivision 1, is amended to read: 26.6 Subdivision 1. [FEE SCHEDULES.] The attorney general in 26.7 consultation with the commissioner of finance shall develop a 26.8 fee schedule to be used by the attorney general in developing 26.9 the agreements authorized in subdivision 3. The attorney 26.10 general must submit a billing rate for the next biennium to the 26.11 commissioner of finance by August 1 of each even-numbered year. 26.12 The attorney general may not assess a county any fee for 26.13 legal services rendered in connection with a commitment 26.14 proceeding under section 253B.185 for which the attorney general 26.15 assumes responsibility under section 8.01. 26.16 Sec. 39. Minnesota Statutes 1998, section 8.15, 26.17 subdivision 2, is amended to read: 26.18 Subd. 2. [BIENNIAL BUDGET REQUEST.] (a) The attorney 26.19 general in consultation with the commissioner of finance shall 26.20 designate which agencies will have their legal service requests 26.21 included in the budget request of the attorney general. 26.22 (b) All other agencies, in consultation with the attorney 26.23 general and the commissioner of finance, shall include a request 26.24 for legal services in their biennial budget requests. 26.25 (c) The budget request of the attorney general must include 26.26 a consolidated listing that shows on one page all the 26.27 appropriations that will be used to support the office of the 26.28 attorney general and the finance division from which they will 26.29 be requested. 26.30 Sec. 40. Minnesota Statutes 1998, section 8.15, 26.31 subdivision 3, is amended to read: 26.32 Subd. 3. [AGREEMENTS.] (a) To facilitate the delivery of 26.33 legal services, the attorney general may: 26.34 (1) enter into agreements with executive branch agencies, 26.35 political subdivisions, or quasi-state agencies to provide legal 26.36 services for the benefit of the citizens of Minnesota; and 27.1 (2) in addition to funds otherwise appropriated by the 27.2 legislature, accept and spend funds received under any agreement 27.3 authorized in clause (1) for the purpose set forth in clause 27.4 (1), subject to a report of receipts to the chairs of the senate 27.5 finance committee and the house ways and means committee by 27.6 October 15 each year. 27.7 (b) When entering into an agreement for legal services, the 27.8 attorney general must notify the committees responsible for 27.9 funding the office of the attorney general. When the attorney 27.10 general enters into an agreement with a state agency, the 27.11 attorney general must also notify the committees responsible for 27.12 funding that agency. 27.13 Funds received under this subdivision must be deposited in 27.14 the general fund and are appropriated to the attorney general 27.15 for the purposes set forth in this subdivision. 27.16 Sec. 41. Minnesota Statutes 1998, section 13.03, 27.17 subdivision 2, is amended to read: 27.18 Subd. 2. [PROCEDURES.] (a) The responsible authority in 27.19 every state agency, political subdivision, and statewide system 27.20 shall establish procedures, consistent with this chapter, to 27.21 insure that requests for government data are received and 27.22 complied with in an appropriate and prompt manner. 27.23 (b) The responsible authority shall prepare public access 27.24 procedures in written form and update them no later than August 27.25 1 of each year as necessary to reflect any changes in personnel 27.26 or circumstances that might affect public access to government 27.27 data. The responsible authority shall make copies of the 27.28 written public access procedures easily available to the public 27.29 by distributing free copies of the procedures to the public or 27.30 by posting a copy of the procedures in a conspicuous place 27.31 within the government entity that is easily accessible to the 27.32 public. 27.33 (c) Full convenience and comprehensive accessibility shall 27.34 be allowed to researchers including historians, genealogists and 27.35 other scholars to carry out extensive research and complete 27.36 copying of all records containing government data except as 28.1 otherwise expressly provided by law. 28.2 A responsible authority may designate one or more designees. 28.3 Sec. 42. Minnesota Statutes 1998, section 13.05, is 28.4 amended by adding a subdivision to read: 28.5 Subd. 11. [PRIVATIZATION.] (a) If a government entity 28.6 enters into a contract with a private person to perform any of 28.7 its functions, the government entity shall include in the 28.8 contract terms that make it clear that all of the data created, 28.9 collected, received, stored, used, maintained, or disseminated 28.10 by the private person in performing those functions is subject 28.11 to the requirements of this chapter and that the private person 28.12 must comply with those requirements as if it were a government 28.13 entity. The remedies in section 13.08 apply to the private 28.14 person under this subdivision. 28.15 (b) This subdivision does not create a duty on the part of 28.16 the private person to provide access to public data to the 28.17 public if the public data are available from the government 28.18 entity, except as required by the terms of the contract. 28.19 Sec. 43. Minnesota Statutes 1998, section 13.073, is 28.20 amended by adding a subdivision to read: 28.21 Subd. 6. [PREPARATION OF MODEL POLICIES AND 28.22 PROCEDURES.] The commissioner shall, in consultation with 28.23 affected government entities, prepare model policies and 28.24 procedures to assist government entities in complying with the 28.25 requirements of this chapter that relate to public access to 28.26 government data and rights of subjects of data. Upon completion 28.27 of a model for a governmental level, the commissioner shall 28.28 offer that model for formal adoption by that level of government. 28.29 Government entities may adopt or reject the model offered by the 28.30 commissioner. A government entity that adopts the 28.31 commissioner's model shall notify the commissioner in a form 28.32 prescribed by the commissioner. 28.33 Sec. 44. Minnesota Statutes 1998, section 15.50, 28.34 subdivision 2, is amended to read: 28.35 Subd. 2. [CAPITOL AREA PLAN.] (a) The board shall prepare, 28.36 prescribe, and from time to time, after a public hearing, amend 29.1 a comprehensive use plan for the capitol area, called the area 29.2 in this subdivision, which consists of that portion of the city 29.3 of Saint Paul comprehended within the following boundaries: 29.4 Beginning at the point of intersection of the center line of the 29.5 Arch-Pennsylvania freeway and the center line of Marion Street, 29.6 thence southerly along the center line of Marion Street extended 29.7 to a point 50 feet south of the south line of Concordia Avenue, 29.8 thence southeasterly along a line extending 50 feet from the 29.9 south line of Concordia Avenue to a point 125 feet from the west 29.10 line of John Ireland Boulevard, thence southwesterly along a 29.11 line extending 125 feet from the west line of John Ireland 29.12 Boulevard to the south line of Dayton Avenue, thence 29.13 northeasterly from the south line of Dayton Avenue to the west 29.14 line of John Ireland Boulevard, thence northeasterly to the 29.15 center line of the intersection of Old Kellogg Boulevard and 29.16 Summit Avenue, thence northeasterly along the center line of 29.17 Summit Avenue to the center line of the new West Kellogg 29.18 Boulevard, thence southerly along the east line of the new West 29.19 Kellogg Boulevard, to the center line of West Seventh Street,29.20 thence northeasterly along the center line of West Seventh29.21 Street to the center line of the Fifth Street ramp, thence29.22 northwesterly along the center line of the Fifth Street ramp to29.23 theeast line of the right-of-way of Interstate Highway 35-E, 29.24 thence northeasterly along the east line of the right-of-way of 29.25 Interstate Highway 35-E to the south line of the right-of-way of 29.26 Interstate Highway 94, thence easterly along the south line of 29.27 the right-of-way of Interstate Highway 94 to the west line of 29.28 St. Peter Street, thence southerly to the south line of Exchange 29.29 Street, thence easterly along the south line of Exchange Street 29.30 to the west line of Cedar Street, thence northerly along the 29.31 west line of Cedar Street to the center line of Tenth Street, 29.32 thence northeasterly along the center line of Tenth Street to 29.33 the center line of Minnesota Street, thence northwesterly along 29.34 the center line of Minnesota Street to the center line of 29.35 Eleventh Street, thence northeasterly along the center line of 29.36 Eleventh Street to the center line of Jackson Street, thence 30.1 northwesterly along the center line of Jackson Street to the 30.2 center line of the Arch-Pennsylvania freeway extended, thence 30.3 westerly along the center line of the Arch-Pennsylvania freeway 30.4 extended and Marion Street to the point of origin. If30.5 construction of the labor interpretive center does not commence30.6 prior to December 31, 2000, at the site recommended by the30.7 board, the boundaries of the capitol area revert to their30.8 configuration as of 1992.30.9 Under the comprehensive plan, or a portion of it, the board 30.10 may regulate, by means of zoning rules adopted under the 30.11 Administrative Procedure Act, the kind, character, height, and 30.12 location, of buildings and other structures constructed or used, 30.13 the size of yards and open spaces, the percentage of lots that 30.14 may be occupied, and the uses of land, buildings and other 30.15 structures, within the area. To protect and enhance the 30.16 dignity, beauty, and architectural integrity of the capitol 30.17 area, the board is further empowered to include in its zoning 30.18 rules design review procedures and standards with respect to any 30.19 proposed construction activities in the capitol area 30.20 significantly affecting the dignity, beauty, and architectural 30.21 integrity of the area. No person may undertake these 30.22 construction activities as defined in the board's rules in the 30.23 capitol area without first submitting construction plans to the 30.24 board, obtaining a zoning permit from the board, and receiving a 30.25 written certification from the board specifying that the person 30.26 has complied with all design review procedures and standards. 30.27 Violation of the zoning rules is a misdemeanor. The board may, 30.28 at its option, proceed to abate any violation by injunction. 30.29 The board and the city of Saint Paul shall cooperate in assuring 30.30 that the area adjacent to the capitol area is developed in a 30.31 manner that is in keeping with the purpose of the board and the 30.32 provisions of the comprehensive plan. 30.33 (b) The commissioner of administration shall act as a 30.34 consultant to the board with regard to the physical structural 30.35 needs of the state. The commissioner shall make studies and 30.36 report the results to the board when it requests reports for its 31.1 planning purpose. 31.2 (c) No public building, street, parking lot, or monument, 31.3 or other construction may be built or altered on any public 31.4 lands within the area unless the plans for the project conform 31.5 to the comprehensive use plan as specified in paragraph (d) and 31.6 to the requirement for competitive plans as specified in 31.7 paragraph (e). No alteration substantially changing the 31.8 external appearance of any existing public building approved in 31.9 the comprehensive plan or the exterior or interior design of any 31.10 proposed new public building the plans for which were secured by 31.11 competition under paragraph (e) may be made without the prior 31.12 consent of the board. The commissioner of administration shall 31.13 consult with the board regarding internal changes having the 31.14 effect of substantially altering the architecture of the 31.15 interior of any proposed building. 31.16 (d) The comprehensive plan must show the existing land uses 31.17 and recommend future uses including: areas for public taking 31.18 and use; zoning for private land and criteria for development of 31.19 public land, including building areas, open spaces, monuments, 31.20 and other memorials; vehicular and pedestrian circulation; 31.21 utilities systems; vehicular storage; elements of landscape 31.22 architecture. No substantial alteration or improvement may be 31.23 made to public lands or buildings in the area without the 31.24 written approval of the board. 31.25 (e) The board shall secure by competitions plans for any 31.26 new public building. Plans for any comprehensive plan, 31.27 landscaping scheme, street plan, or property acquisition that 31.28 may be proposed, or for any proposed alteration of any existing 31.29 public building, landscaping scheme or street plan may be 31.30 secured by a similar competition. A competition must be 31.31 conducted under rules prescribed by the board and may be of any 31.32 type which meets the competition standards of the American 31.33 Institute of Architects. Designs selected become the property 31.34 of the state of Minnesota, and the board may award one or more 31.35 premiums in each competition and may pay the costs and fees that 31.36 may be required for its conduct. At the option of the board, 32.1 plans for projects estimated to cost less than $1,000,000 may be 32.2 approved without competition provided the plans have been 32.3 considered by the advisory committee described in paragraph 32.4 (h). Plans for projects estimated to cost less than $400,000 32.5 and for construction of streets need not be considered by the 32.6 advisory committee if in conformity with the comprehensive plan. 32.7 (f) Notwithstanding paragraph (e), an architectural 32.8 competition is not required for the design of any light rail 32.9 transit station and alignment within the capitol area. The 32.10 board and its advisory committee shall select a preliminary 32.11 design for any transit station in the capitol area. Each stage 32.12 of any station's design through working drawings must be 32.13 reviewed by the board's advisory committee and approved by the 32.14 board to ensure that the station's design is compatible with the 32.15 comprehensive plan for the capitol area and the board's design 32.16 criteria. The guideway and track design of any light rail 32.17 transit alignment within the capitol area must also be reviewed 32.18 by the board's advisory committee and approved by the board. 32.19 (g) Of the amount available for the light rail transit 32.20 design, adequate funds must be available to the board for design 32.21 framework studies and review of preliminary plans for light rail 32.22 transit alignment and stations in the capitol area. 32.23 (h) The board may not adopt any plan under paragraph (e) 32.24 unless it first receives the comments and criticism of an 32.25 advisory committee of three persons, each of whom is either an 32.26 architect or a planner, who have been selected and appointed as 32.27 follows: one by the board of the arts, one by the board, and 32.28 one by the Minnesota Society of the American Institute of 32.29 Architects. Members of the committee may not be contestants 32.30 under paragraph (e). The comments and criticism must be a 32.31 matter of public information. The committee shall advise the 32.32 board on all architectural and planning matters. For that 32.33 purpose, the committee must be kept currently informed 32.34 concerning, and have access to, all data, including all plans, 32.35 studies, reports and proposals, relating to the area as the data 32.36 are developed or in the process of preparation, whether by the 33.1 commissioner of administration, the commissioner of trade and 33.2 economic development, the metropolitan council, the city of 33.3 Saint Paul, or by any architect, planner, agency or 33.4 organization, public or private, retained by the board or not 33.5 retained and engaged in any work or planning relating to the 33.6 area, and a copy of any data prepared by any public employee or 33.7 agency must be filed with the board promptly upon completion. 33.8 The board may employ stenographic or technical help that 33.9 may be reasonable to assist the committee to perform its duties. 33.10 When so directed by the board, the committee may serve as, 33.11 and any member or members of the committee may serve on, the 33.12 jury or as professional advisor for any architectural 33.13 competition, and the board shall select the architectural 33.14 advisor and jurors for any competition with the advice of the 33.15 committee. 33.16 The city of Saint Paul shall advise the board. 33.17 (i) The comprehensive plan for the area must be developed 33.18 and maintained in close cooperation with the commissioner of 33.19 trade and economic development, the planning department and the 33.20 council for the city of Saint Paul, and the board of the arts, 33.21 and no plan or amendment of a plan may be effective without 90 33.22 days' notice to the planning department of the city of Saint 33.23 Paul and the board of the arts and without a public hearing with 33.24 opportunity for public testimony. 33.25 (j) The board and the commissioner of administration, 33.26 jointly, shall prepare, prescribe, and from time to time revise 33.27 standards and policies governing the repair, alteration, 33.28 furnishing, appearance, and cleanliness of the public and 33.29 ceremonial areas of the state capitol building. The board shall 33.30 consult with and receive advice from the director of the 33.31 Minnesota state historical society regarding the historic 33.32 fidelity of plans for the capitol building. The standards and 33.33 policies developed under this paragraph are binding upon the 33.34 commissioner of administration. The provisions of chapter 14, 33.35 including section 14.386, do not apply to this paragraph. 33.36 (k) The board in consultation with the commissioner of 34.1 administration shall prepare and submit to the legislature and 34.2 the governor no later than October 1 of each even-numbered year 34.3 a report on the status of implementation of the comprehensive 34.4 plan together with a program for capital improvements and site 34.5 development, and the commissioner of administration shall 34.6 provide the necessary cost estimates for the program. The board 34.7 shall report any changes to the comprehensive plan adopted by 34.8 the board to the committee on governmental operations and 34.9 gambling of the house of representatives and the committee on 34.10 governmental operations and reform of the senate and upon 34.11 request shall provide testimony concerning the changes. The 34.12 board shall also provide testimony to the legislature on 34.13 proposals for memorials in the capitol area as to their 34.14 compatibility with the standards, policies, and objectives of 34.15 the comprehensive plan. 34.16 (l) The state shall, by the attorney general upon the 34.17 recommendation of the board and within appropriations available 34.18 for that purpose, acquire by gift, purchase, or eminent domain 34.19 proceedings any real property situated in the area described in 34.20 this section, and it may also acquire an interest less than a 34.21 fee simple interest in the property, if it finds that the 34.22 property is needed for future expansion or beautification of the 34.23 area. 34.24 (m) The board is the successor of the state veterans 34.25 service building commission, and as such may adopt rules and may 34.26 reenact the rules adopted by its predecessor under Laws 1945, 34.27 chapter 315, and amendments to it. 34.28 (n) The board shall meet at the call of the chair and at 34.29 such other times as it may prescribe. 34.30 (o) The commissioner of administration shall assign 34.31 quarters in the state veterans service building to (1) the 34.32 department of veterans affairs, of which a part that the 34.33 commissioner of administration and commissioner of veterans 34.34 affairs may mutually determine must be on the first floor above 34.35 the ground, and (2) the American Legion, Veterans of Foreign 34.36 Wars, Disabled American Veterans, Military Order of the Purple 35.1 Heart, United Spanish War Veterans, and Veterans of World War I, 35.2 and their auxiliaries, incorporated, or when incorporated, under 35.3 the laws of the state, and (3) as space becomes available, to 35.4 other state departments and agencies as the commissioner may 35.5 deem desirable. 35.6 Sec. 45. Minnesota Statutes 1998, section 16A.102, 35.7 subdivision 1, is amended to read: 35.8 Subdivision 1. [GOVERNOR'S RECOMMENDATION.] By the 35.9 fourth MondayTuesday in January of each odd-numbered year, the 35.10 governor shall submit to the legislature a recommended revenue 35.11 target for the next two bienniums. The recommended revenue 35.12 target must specify: 35.13 (1) the maximum share of Minnesota personal income to be 35.14 collected in taxes and other revenues to pay for state and local 35.15 government services; 35.16 (2) the division of the share between state and local 35.17 government revenues; and 35.18 (3) the mix and rates of income, sales, and other state and 35.19 local taxes including property taxes and other revenues. 35.20 The recommendations must be based on the November forecast 35.21 prepared under section 16A.103. 35.22 Sec. 46. Minnesota Statutes 1998, section 16A.103, 35.23 subdivision 1, is amended to read: 35.24 Subdivision 1. [STATE REVENUE AND EXPENDITURES.] In 35.25 February and November each year, the commissioner shall prepare 35.26 a forecast of state revenue and expenditures. The November 35.27 forecast must be delivered to the legislature and governor no 35.28 later than the end of the first week of December. The February 35.29 forecast must be delivered to the legislature and governor by 35.30 the end of February. Forecasts must be delivered to the 35.31 legislature and governor on the same day. If requested by the 35.32 legislative commission on planning and fiscal policy, delivery 35.33 to the legislature must include a presentation to the 35.34 commission. The forecast must assume the continuation of 35.35 current laws and reasonable estimates of projected growth in the 35.36 national and state economies and affected populations. Revenue 36.1 must be estimated for all sources provided for in current law. 36.2 Expenditures must be estimated for all obligations imposed by 36.3 law and those projected to occur as a result of inflation and 36.4 variables outside the control of the legislature. In 36.5 determining the rate of inflation, the application of inflation, 36.6 the amount of state bonding as it affects debt service, and the 36.7 other variables to be included in the expenditure part of the 36.8 forecast, the commissioner must consult with the chair of the 36.9 senate state government finance committee, the chair of the 36.10 house committee on ways and means, and house and senate fiscal 36.11 staff. In addition, the commissioner shall forecast Minnesota 36.12 personal income for each of the years covered by the forecast 36.13 and include these estimates in the forecast documents. A 36.14 forecast prepared during the first fiscal year of a biennium 36.15 must cover that biennium and the next biennium. A forecast 36.16 prepared during the second fiscal year of a biennium must cover 36.17 that biennium and the next two bienniums. 36.18 Sec. 47. Minnesota Statutes 1998, section 16A.11, is 36.19 amended by adding a subdivision to read: 36.20 Subd. 7. [FEES.] The detailed operating budget for each 36.21 executive branch agency must include proposals for any new fees 36.22 or any increases in existing fees. For purposes of this 36.23 section, "fees" has the meaning given in section 16A.1283, but 36.24 excludes charges listed in paragraph (b) of that section. 36.25 Sec. 48. Minnesota Statutes 1998, section 16A.126, 36.26 subdivision 3, is amended to read: 36.27 Subd. 3. [REPAYMENT SCHEDULES.] The commissioner shall 36.28 make schedules for repayment to the general fund of the 36.29 transferred money. A schedule to repay money used to buy 36.30 equipment may extend over the equipment's useful life. 36.31 Otherwise, a schedule may not extend beyond five years. The 36.32 repayment must include interest at a rate comparable to the rate 36.33 earned by the state on invested treasurer's cash, as determined 36.34 monthly by the commissioner. An amount necessary to pay the 36.35 interest is appropriated from the revolving fund to which the 36.36 transfer was made. 37.1 Sec. 49. [16A.1283] [LEGISLATIVE APPROVAL REQUIRED.] 37.2 (a) Notwithstanding any law to the contrary, an executive 37.3 branch state agency may not impose a new fee or increase an 37.4 existing fee unless the new fee or increase is approved by law. 37.5 For purposes of this section, a fee is any charge for goods, 37.6 services, regulation, or licensure, and, notwithstanding 37.7 paragraph (b), clause (3), includes charges for admission to or 37.8 for use of public facilities owned by the state. 37.9 (b) This section does not apply to: 37.10 (1) charges billed within or between state agencies, or 37.11 billed to federal agencies; 37.12 (2) the Minnesota state colleges and universities system; 37.13 or 37.14 (3) charges for goods and services provided for the direct 37.15 and primary use of a private individual, business, or other 37.16 entity. 37.17 (c) An executive branch agency may reduce a fee that was 37.18 set by rule before the effective date of this section without 37.19 legislative approval. Chapter 14 does not apply to fee 37.20 reductions under this paragraph. 37.21 Sec. 50. Minnesota Statutes 1998, section 16A.129, 37.22 subdivision 3, is amended to read: 37.23 Subd. 3. [CASH ADVANCES.] When the operations of any 37.24 nongeneral fund account would be impeded by projected cash 37.25 deficiencies resulting from delays in the receipt of grants, 37.26 dedicated income, or other similar receivables, and when the 37.27 deficiencies would be corrected within the budget period 37.28 involved, the commissioner of finance may use general fund cash 37.29 reserves to meet cash demands. If funds are transferred from 37.30 the general fund to meet cash flow needs, the cash flow 37.31 transfers must be returned to the general fund as soon as 37.32 sufficient cash balances are available in the account to which 37.33 the transfer was made. The fund to which general fund cash was 37.34 advanced must pay interest on the cash advance at a rate 37.35 comparable to the rate earned by the state on invested 37.36 treasurer's cash, as determined monthly by the commissioner. An 38.1 amount necessary to pay the interest is appropriated from the 38.2 nongeneral fund to which the cash advance was made. Any 38.3 interest earned on general fund cash flow transfers accrues to 38.4 the general fund and not to the accounts or funds to which the 38.5 transfer was made. The commissioner may advance general fund 38.6 cash reserves to nongeneral fund accounts where the receipts 38.7 from other governmental units cannot be collected within the 38.8 budget period. 38.9 Sec. 51. Minnesota Statutes 1998, section 16A.45, 38.10 subdivision 1, is amended to read: 38.11 Subdivision 1. [CANCEL; CREDIT.] Once each fiscal year the 38.12 commissioner and the treasurer shall cancel upon their books all 38.13 outstanding unpaid commissioner's warrants , except warrants38.14 issued for federal assistance programs,that have been issued 38.15 and delivered for more than six months prior to that date and38.16 credit to the general fund the respective amounts of the38.17 canceled warrantson or before June 30 of the preceding year and 38.18 credit state amounts subject to section 345.43 and federal 38.19 amounts to the appropriate account in the federal fund. These 38.20 warrants are presumed abandoned under section 345.38 and are 38.21 subject to the provisions ofsections 345.31 to 345.60. The38.22 commissioner and the treasurer shall cancel upon their books all38.23 outstanding unpaid commissioner's warrants issued for federal38.24 assistance programs that have been issued and delivered for more38.25 than the period of time set pursuant to the federal program and38.26 credit to the general fund and the appropriate account in the38.27 federal fund, the amount of the canceled warrants.38.28 Sec. 52. Minnesota Statutes 1998, section 16A.85, 38.29 subdivision 1, is amended to read: 38.30 Subdivision 1. [AUTHORIZATION.] The commissioner of 38.31 administration may determine, in conjunction with the 38.32 commissioner of finance, the personal property needs of the 38.33 various state departments, agencies, boards, commissions and the 38.34 legislature of the kinds of property identified in this38.35 subdivisionthat may be economically funded through a master 38.36 lease program and request the commissioner of finance to execute 39.1 a master lease. The master lease may be used only to finance39.2 the following kinds of purchases:39.3 (a) The master lease may be used to finance purchases by39.4 the commissioner of administration with money from an internal39.5 services fund.39.6 (b) The master lease may be used to refinance a purchase of39.7 equipment already purchased under a lease-purchase agreement.39.8 (c) The master lease may be used to finance purchases of39.9 large equipment with a capital value of more than $100,000 and a39.10 useful life of more than ten years.39.11 (d) The legislature may specifically authorize a particular39.12 purchase to be financed using the master lease. The legislature39.13 anticipates that this authorization will be given only to39.14 finance the purchase of major pieces of equipment with a capital39.15 value of more than $10,000.39.16 The commissioner of finance may authorize the sale and 39.17 issuance of certificates of participation relative to a master 39.18 lease in an amount sufficient to fund these personal property 39.19 needs. The term of the certificates must be less than the 39.20 expected useful life of the equipment whose purchase is financed 39.21 by the certificates. The commissioner of administration may use 39.22 the proceeds from the master lease or the sale of the 39.23 certificates of participation to acquire the personal property 39.24 through the appropriate procurement procedure in chapter 16C. 39.25 Money appropriated for the lease or acquisition of this personal 39.26 property is appropriated to the commissioner of finance to make 39.27 master lease payments. 39.28 Sec. 53. Minnesota Statutes 1998, section 16B.03, is 39.29 amended to read: 39.30 16B.03 [APPOINTMENTS.] 39.31 The commissioner is authorized to appoint staff, including 39.32 a deputy commissionertwo deputy commissioners, in accordance 39.33 with chapter 43A. 39.34 Sec. 54. Minnesota Statutes 1998, section 16B.104, is 39.35 amended to read: 39.36 16B.104 [PROCUREMENT REQUIREMENTS.] 40.1 (a) The commissioner , in consultation with the office of40.2 technology,shall develop nonvisual technology access 40.3 standards. The standards must be included in all contracts for 40.4 the procurement of information technology by, or for the use of, 40.5 agencies, political subdivisions, and the Minnesota state 40.6 colleges and universities. The University of Minnesota is 40.7 encouraged to consider similar standards. 40.8 (b) The nonvisual access standards must include the 40.9 following minimum specifications: 40.10 (1) that effective, interactive control and use of the 40.11 technology including the operating system, applications 40.12 programs, prompts, and format of the data presented, are readily 40.13 achievable by nonvisual means; 40.14 (2) that the nonvisual access technology must be compatible 40.15 with information technology used by other individuals with whom 40.16 the blind or visually impaired individual must interact; 40.17 (3) that nonvisual access technology must be integrated 40.18 into networks used to share communications among employees, 40.19 program participants, and the public; and 40.20 (4) that the nonvisual access technology must have the 40.21 capability of providing equivalent access by nonvisual means to 40.22 telecommunications or other interconnected network services used 40.23 by persons who are not blind or visually impaired. 40.24 (c) Nothing in this section requires the installation of 40.25 software or peripheral devices used for nonvisual access when 40.26 the information technology is being used by individuals who are 40.27 not blind or visually impaired. 40.28 Sec. 55. Minnesota Statutes 1998, section 16B.24, 40.29 subdivision 5, is amended to read: 40.30 Subd. 5. [RENTING OUT STATE PROPERTY.] (a) [AUTHORITY.] 40.31 The commissioner may rent out state property, real or personal, 40.32 that is not needed for public use, if the rental is not 40.33 otherwise provided for or prohibited by law. The property may 40.34 not be rented out for more than five years at a time without the 40.35 approval of the state executive council and may never be rented 40.36 out for more than 25 years. A rental agreement may provide that 41.1 the state will reimburse a tenant for a portion of capital 41.2 improvements that the tenant makes to state real property if the 41.3 state does not permit the tenant to renew the lease at the end 41.4 of the rental agreement. 41.5 (b) [RESTRICTIONS.] Paragraph (a) does not apply to state 41.6 trust fund lands, other state lands under the jurisdiction of 41.7 the department of natural resources, lands forfeited for 41.8 delinquent taxes, lands acquired under section 298.22, or lands 41.9 acquired under section 41.56 which are under the jurisdiction of 41.10 the department of agriculture. 41.11 (c) [FORT SNELLING CHAPEL; RENTAL.] The Fort Snelling 41.12 Chapel, located within the boundaries of Fort Snelling State 41.13 Park, is available for use only on payment of a rental fee. The 41.14 commissioner shall establish rental fees for both public and 41.15 private use. The rental fee for private use by an organization 41.16 or individual must reflect the reasonable value of equivalent 41.17 rental space. Rental fees collected under this section must be 41.18 deposited in the general fund. 41.19 (d) [RENTAL OF LIVING ACCOMMODATIONS.] The commissioner 41.20 shall establish rental rates for all living accommodations 41.21 provided by the state for its employees. Money collected as 41.22 rent by state agencies pursuant to this paragraph must be 41.23 deposited in the state treasury and credited to the general fund. 41.24 (e) [LEASE OF SPACE IN CERTAIN STATE BUILDINGS TO STATE 41.25 AGENCIES.] The commissioner may lease portions of the 41.26 state-owned buildings in the capitol complex, the capitol square 41.27 building, the health building, the Duluth government center, and 41.28 the building at 1246 University Avenue, St. Paul, Minnesota, to 41.29 state agencies and the court administrator on behalf of the 41.30 judicial branch of state government and charge rent on the basis 41.31 of space occupied. Notwithstanding any law to the contrary, all 41.32 money collected as rent pursuant to the terms of this section 41.33 shall be deposited in the state treasury. Money collected as 41.34 rent to recover the depreciation andbond interest costs of a 41.35 building funded from the state bond proceeds fund shall be 41.36 credited to the general fund. Money collected as rent to 42.1 recover the depreciation costs of a building funded from the 42.2 state bond proceeds fund and money collected as rent to recover 42.3 capital expenditures from capital asset preservation and 42.4 replacement appropriations and statewide building access 42.5 appropriations shall be credited to a segregated account in a 42.6 special revenue fund. Money in the account is appropriated to 42.7 the commissioner to be expended for asset preservation projects 42.8 as determined by the commissioner. Money collected as rent to 42.9 recover the depreciation and interest costs of a building built 42.10 with other state dedicated funds shall be credited to the 42.11 dedicated fund which funded the original acquisition or 42.12 construction. All other money received shall be credited to the 42.13 general services revolving fund. 42.14 Sec. 56. Minnesota Statutes 1998, section 16B.31, 42.15 subdivision 2, is amended to read: 42.16 Subd. 2. [APPROPRIATIONS.] Plans must be paid for out of 42.17 money appropriated for the purpose of improving or constructing 42.18 the building. No part of the balance may be expended until the 42.19 commissioner has secured suitable plans and specifications, 42.20 prepared by a competent architect or engineer, and accompanied 42.21 by a detailed statement of the cost, quality, and description of 42.22 all material and labor required for the completion of the work. 42.23 No plan may be adopted, and no improvement made or building 42.24 constructed by the commissioner or any other agency to whom an 42.25 appropriation is made for a capital improvement, that 42.26 contemplates the expenditure for its completion of more money 42.27 than the appropriation for it, unless otherwise provided in this 42.28 section or the act making the appropriation. The 42.29 commissioner or other agency may not direct or permit any 42.30 expenditure beyond that appropriated, and any agent of the 42.31 commissioner violating this provision is guilty of a gross 42.32 misdemeanor. 42.33 Sec. 57. Minnesota Statutes 1998, section 16B.32, 42.34 subdivision 2, is amended to read: 42.35 Subd. 2. [ENERGY CONSERVATION GOALS; EFFICIENCY PROGRAM.] 42.36 (a) The commissioner of administration in consultation with the 43.1 department of public service, in cooperation with one or more 43.2 public utilities or comprehensive energy services providers, may 43.3 conduct a shared-savings program involving energy conservation 43.4 expenditures on state-owned buildings. The public utility or 43.5 energy services provider shall contract with appropriate state 43.6 agencies to implement energy efficiency improvements in the 43.7 selected buildings. A contract must require the public utility 43.8 or energy services provider to include all energy efficiency 43.9 improvements in selected buildings that are calculated to 43.10 achieve a cost payback within ten years. The contract must 43.11 require that the public utility or energy services provider be 43.12 repaid solely from energy cost savings and only to the extent of 43.13 energy cost savings. Repayments must be interest-free. The 43.14 goal of the program in this paragraph is to demonstrate that 43.15 through effective energy conservation the total energy 43.16 consumption per square foot of state-owned and wholly 43.17 state-leased buildings could be reduced by at least 25 percent 43.18 from consumption in the base year of 1990. All agencies 43.19 participating in the program must report to the commissioner of 43.20 administration their monthly energy usage, building schedules, 43.21 inventory of energy-consuming equipment, and other information 43.22 as needed by the commissioner to manage and evaluate the program. 43.23 (b) The commissioner may exclude from the program of 43.24 paragraph (a) a building in which energy conservation measures 43.25 are carried out. "Energy conservation measures" means measures 43.26 that are applied to a state building that improve energy 43.27 efficiency and have a simple return of investment in ten years 43.28 or within the remaining period of a lease, whichever time is 43.29 shorter, and involves energy conservation, conservation 43.30 facilities, renewable energy sources, improvements in operations 43.31 and maintenance efficiencies, or retrofit activities. 43.32 (c) This subdivision expires January 1, 2001. 43.33 Sec. 58. Minnesota Statutes 1998, section 16B.415, is 43.34 amended to read: 43.35 16B.415 [OPERATION OF INFORMATION SYSTEMS.] 43.36 The commissioner, through a division of technology 44.1 management, is responsible for ongoing operations of state 44.2 agency information technology activities. These include records 44.3 management, activities relating to the Government Data Practices 44.4 Act, arranging for operation of the state information 44.5 infrastructure, and activities necessary to make state 44.6 information systems year 2000 compliant. 44.7 Sec. 59. Minnesota Statutes 1998, section 16B.42, 44.8 subdivision 1, is amended to read: 44.9 Subdivision 1. [COMPOSITION.] The intergovernmental 44.10 information systems advisory council is composed of (1) two 44.11 members from each of the following groups: counties outside of 44.12 the seven-county metropolitan area, cities of the second and 44.13 third class outside the metropolitan area, cities of the second 44.14 and third class within the metropolitan area, and cities of the 44.15 fourth class; (2) one member from each of the following groups: 44.16 the metropolitan council, an outstate regional body, counties 44.17 within the metropolitan area, cities of the first class, school 44.18 districts in the metropolitan area, school districts outside the 44.19 metropolitan area, and public libraries; (3) one member each 44.20 appointed by the state departments of children, families, and 44.21 learning, human services, revenue, and economic security, the 44.22 office of strategic and long-range planning, office of44.23 technology,administration, and the legislative auditor; (4) one 44.24 member from the office of the state auditor, appointed by the 44.25 auditor; (5) one member appointed by each of the following 44.26 organizations: League of Minnesota Cities, Association of 44.27 Minnesota Counties, Minnesota Association of Township Officers, 44.28 and Minnesota Association of School Administrators; and (6) one 44.29 member of the house of representatives appointed by the speaker 44.30 and one member of the senate appointed by the subcommittee on 44.31 committees of the committee on rules and administration. The 44.32 legislative members appointed under clause (6) are nonvoting 44.33 members. The commissioner of administration shall appoint 44.34 members under clauses (1) and (2). The terms, compensation, and 44.35 removal of the appointed members of the advisory council are as 44.36 provided in section 15.059, but the council does not expire 45.1 until June 30, 19992000. 45.2 Sec. 60. Minnesota Statutes 1998, section 16B.46, is 45.3 amended to read: 45.4 16B.46 [TELECOMMUNICATION; POWERS.] 45.5 The commissioner shall supervise and control all state 45.6 telecommunication facilities and services, including any 45.7 transmission, emission, or reception of signs, signals, writing, 45.8 images, and sounds or intelligence of any nature by wire, radio, 45.9 optical, or other electromagnetic systems. Nothing in this 45.10 section or section 16B.465 modifies, amends, or abridges any 45.11 powers and duties presently vested in or imposed upon the 45.12 commissioner of transportation or the commissioner of public 45.13 safety relating to telecommunications facilities or the 45.14 commissioner of transportation relating only to radio air 45.15 navigation facilities or other air navigation facilities. 45.16 Sec. 61. Minnesota Statutes 1998, section 16B.465, is 45.17 amended to read: 45.18 16B.465 [STATE INFORMATION INFRASTRUCTURE.] 45.19 Subdivision 1. [POLICY.] (a) The state through its 45.20 departments and agencies shall seek ways to meet its 45.21 telecommunications needs in a manner that will help to promote 45.22 investment and growth of the private sector information 45.23 infrastructure throughout the state. 45.24 (b) The commissioner shall ensure that telecommunications 45.25 services are acquired in a manner that: 45.26 (1) promotes the availability of technologies with 45.27 statewide high-speed or advanced telecommunications capability 45.28 for both public and private customers in a reasonable and timely 45.29 fashion; 45.30 (2) enables the cost-effective provision of 45.31 telecommunications services to the entities identified in this 45.32 section; 45.33 (3) uses standards-based open, interoperable networks to 45.34 the extent practicable; 45.35 (4) promotes fair and open competition in the delivery of 45.36 telecommunications services; 46.1 (5) allows effective state information infrastructure 46.2 network management, responsiveness, and fault protection; 46.3 (6) provides networkwide security and confidentiality as 46.4 appropriate for promoting public safety, health, and welfare; 46.5 and 46.6 (7) meets performance standards that are reasonable and 46.7 necessary. 46.8 (c) The state may purchase, own, or lease customer premises 46.9 equipment. Customer premises equipment consists of terminal and 46.10 associated equipment and inside wire located at an end user's 46.11 premises and connected with communication channels at the point 46.12 established in a building or a complex to separate customer 46.13 equipment from the network. Customer premises equipment also 46.14 includes, but is not limited to, communications devices eligible 46.15 for distribution to communications impaired persons under 46.16 section 237.51, subdivision 1. 46.17 (d) This section does not prohibit the commissioner or 46.18 other governmental entity from owning, leasing, operating, and 46.19 staffing a network operation center that allows the commissioner 46.20 to test, troubleshoot, and maintain network operations. 46.21 Subd. 1a. [CREATION.] Except as provided in subdivision 4, 46.22 the commissioner, through the state information 46.23 infrastructure provides, shall arrange for the provision of 46.24 voice, data, video, and other telecommunications transmission 46.25 services to state agencies ;. The state information 46.26 infrastructure may also serve educational institutions, 46.27 including public schools as defined in section 120A.05, 46.28 subdivisions 9, 11, 13, and 17, nonpublic, church or religious 46.29 organization schools that provide instruction in compliance with 46.30 sections 120A.22, 120A.24, and 124A.41, and private colleges; 46.31 public corporations; and state political subdivisions. It is 46.32 not a telephone company for purposes of chapter 237. ItThe 46.33 commissioner may purchase, own, or lease any telecommunications 46.34 network facilities or equipment after first seeking bids or 46.35 proposals and having determined that the private sector cannot, 46.36 will not, or is unable to provide these services, facilities, or 47.1 equipment as bid or proposed in a reasonable or timely fashion 47.2 consistent with policy set forth in this section. The 47.3 commissioner shall not resell or sublease any services or 47.4 facilities to nonpublic entities except it mayto serve private 47.5 schools and colleges. The commissioner has the responsibility 47.6 for planning, development, and operations of the state 47.7 information infrastructure in order to provide cost-effective 47.8 telecommunications transmission services to state information 47.9 infrastructure users consistent with the policy set forth in 47.10 this section. 47.11 Subd. 3. [DUTIES.] (a) The commissioner , after47.12 consultation with the office of technology,shall: 47.13 (1) providearrange for voice, data, video, and other 47.14 telecommunications transmission services to the state and to 47.15 political subdivisions through an account in the 47.16 intertechnologies revolving fund; 47.17 (2) manage vendor relationships, network function, and 47.18 capacity planning in order to be responsive to the needs of the 47.19 state information infrastructure users; 47.20 (3) set rates and fees for services; 47.21 (4) approve contracts for services, facilities, or 47.22 equipment relating to the system; 47.23 (5) in consultation with the office of technology,develop 47.24 thea system plan , including plans for the phasing of its47.25 implementation and maintenance of the initial system,and the 47.26 annual program and fiscal plans for the system; and 47.27 (6) in consultation with the office of technology,47.28 commissioner of children, families, and learning in regard to 47.29 schools, assist state agencies, political subdivisions of the 47.30 state, and higher education institutions, including private 47.31 colleges and public and private schools, to identify their 47.32 telecommunication needs, and develop a plan for interconnection47.33 of the network with private colleges and public and private47.34 schools in the stateplans for interoperability of the network 47.35 consistent with the policies in subdivision 1, paragraphs (a) 47.36 and (b). When requested, the commissioner may also assist in 48.1 identifying, purchasing, or leasing their customer premises 48.2 equipment. 48.3 (b) The commissioner may purchase, own, or lease any 48.4 telecommunications network facilities or equipment after first 48.5 seeking bids or proposals and having determined that the private 48.6 sector cannot, will not, or is unable to provide these services, 48.7 facilities, or equipment as bid or proposed in a reasonable and 48.8 timely fashion consistent with the policy set forth in this 48.9 section. 48.10 Subd. 4. [PROGRAM PARTICIPATION.] (a)The commissioner may 48.11 require the participation of state agencies, the state board of 48.12 education, and the board of trustees of the Minnesota state 48.13 colleges and universities and may request the participation of 48.14 the board of regents of the University of Minnesota, in the 48.15 planning and implementation of the network to provide 48.16 interconnective technologies. The board of trustees of the 48.17 Minnesota state colleges and universities may opt out of 48.18 participation as a subscriber on the network, in whole or in 48.19 part, if the board is able to secure telecommunications services 48.20 from another source that ensures it will achieve the policy 48.21 objectives set forth in subdivision 1 of this section. 48.22 Subd. 4a. [ALTERNATIVE AGGREGATION.] The commissioner may, 48.23 but is not required to, approve community-based aggregation of 48.24 demand for telecommunications services for state agencies, 48.25 including Minnesota state colleges and universities. To be 48.26 considered a community-based aggregation project: 48.27 (1) the project must aggregate telecommunications demands 48.28 of state agencies with that of the private sector in a community 48.29 or a group of communities in a geographic region to the extent 48.30 permitted by law; and 48.31 (2) the aggregation must result in telecommunications 48.32 infrastructure improvements that ensure the policy set forth in 48.33 subdivision 1, paragraphs (a) and (b). 48.34 Subd. 4b. [RATES.] (a) The commissioner shall establish 48.35 reimbursement rates in cooperation with the commissioner of 48.36 finance to be billed to participating agencies and educational 49.1 institutions sufficient to cover the operating, maintenance, and 49.2 administrative costs of the system. 49.3 (b) Except as otherwise provided in subdivision 4, a direct 49.4 appropriation made to an educational institution for usage costs 49.5 associated with the state information infrastructure must only 49.6 be used by the educational institution for payment of usage 49.7 costs of the network as billed by the commissioner of 49.8 administration. 49.9 Subd. 6. [APPROPRIATION.] Money appropriated for the state 49.10 information infrastructure and fees for telecommunications 49.11 services must be deposited in an account in the 49.12 intertechnologies fund. Money in the account is appropriated 49.13 annually to the commissioner to operate telecommunications49.14 servicescarry out the purposes of this section. 49.15 Subd. 7. [EXEMPTION.] The system is exempt from the 49.16 five-year limitation on contracts set by sections 16C.05, 49.17 subdivision 2, paragraph (a), clause (5), 16C.08, subdivision 3, 49.18 clause (7), and 16C.09, clause (6). 49.19 Sec. 62. [16B.616] [BLEACHER SAFETY.] 49.20 Subdivision 1. [DEFINITIONS.] (a) For purposes of this 49.21 section, the following terms have the meanings given. 49.22 (b) "Place of public accommodation" means a public or 49.23 privately owned sports or entertainment arena, gymnasium, 49.24 auditorium, stadium, hall, special event center in a public 49.25 park, or other facility for public assembly. 49.26 (c) "Bleacher" refers to any tiered or stepped seating 49.27 facility, whether temporary or permanent, used in a place of 49.28 public accommodation for the seating of its occupants. 49.29 Subd. 2. [APPLICATION.] All places of public accommodation 49.30 must comply with the provisions of this section. 49.31 Subd. 3. [SAFETY REQUIREMENTS.] In places of public 49.32 accommodation using bleacher seating, all bleachers or bleacher 49.33 open spaces over 30 inches above grade or the floor below, must 49.34 conform to the following safety requirements: 49.35 (1) the open space between bleacher footboards, seats, and 49.36 guardrails must not exceed four inches, unless approved safety 50.1 nets are installed; 50.2 (2) bleachers must have vertical perimeter guardrails with 50.3 no more than four-inch rail spacing between vertical rails or 50.4 other approved guardrails that address climbability and are 50.5 designed to prevent accidents; and 50.6 (3) the state building official shall determine whether the 50.7 safety nets and guardrail climbability meet the requirements of 50.8 the alternate design section of the State Building Code. All 50.9 new bleachers manufactured, installed, sold, or distributed 50.10 after January 1, 2001, must comply with the State Building Code 50.11 in effect and clauses (1), (2), and (3). 50.12 Subd. 4. [ENFORCEMENT.] (a) A statutory or home rule 50.13 charter city that is not covered by the code because of action 50.14 taken under section 16B.72 or 16B.73 is responsible for 50.15 enforcement in the city of the code's requirements for bleacher 50.16 safety. In all other areas where the code does not apply 50.17 because of action taken under section 16B.72 or 16B.73, the 50.18 county is responsible for enforcement of those requirements. 50.19 (b) Municipalities that have not adopted the code may 50.20 enforce the code requirements for bleacher safety by either 50.21 entering into a joint powers agreement for enforcement with 50.22 another municipality that has adopted the code or contracting 50.23 for enforcement with a qualified and certified building official 50.24 or state licensed design professional to enforce the code. 50.25 (c) Municipalities, school districts, organizations, 50.26 individuals, and other persons operating or owning places of 50.27 public accommodation with bleachers shall provide a signed 50.28 certification of compliance to the commissioner by January 1, 50.29 2001. The certification shall be prepared by a qualified and 50.30 certified building official or state licensed design 50.31 professional and shall certify that the bleachers have been 50.32 inspected and are in compliance with the requirements of this 50.33 section and are structurally sound. 50.34 Subd. 5. [NONCOMPLYING BLEACHERS PROHIBITED.] The 50.35 commissioner, in addition to other remedies provided for 50.36 violations of this chapter, shall forbid use of bleachers not in 51.1 compliance with this section. 51.2 Subd. 6. [PERIODIC INSPECTIONS.] Bleacher footboards and 51.3 guardrails must be reinspected at least every five years and a 51.4 structural inspection must be made at least every ten years. 51.5 Inspections may be completed in the same manner as provided in 51.6 subdivision 4. This section does not preclude a municipal 51.7 authority from establishing additional reinspections under the 51.8 State Building Code. 51.9 Sec. 63. Minnesota Statutes 1998, section 16B.72, is 51.10 amended to read: 51.11 16B.72 [REFERENDA ON STATE BUILDING CODE IN NONMETROPOLITAN 51.12 COUNTIES.] 51.13 Notwithstanding any other provision of law to the contrary, 51.14 a county that is not a metropolitan county as defined by section 51.15 473.121, subdivision 4, may provide, by a vote of the majority 51.16 of its electors residing outside of municipalities that have 51.17 adopted the State Building Code before January 1, 1977, that no 51.18 part of the State Building Code except the building requirements 51.19 for handicapped persons, the requirements for bleacher safety, 51.20 and the requirements for elevator safety applies within its 51.21 jurisdiction. 51.22 The county board may submit to the voters at a regular or 51.23 special election the question of adopting the building code. 51.24 The county board shall submit the question to the voters if it 51.25 receives a petition for the question signed by a number of 51.26 voters equal to at least five percent of those voting in the 51.27 last general election. The question on the ballot must be 51.28 stated substantially as follows: 51.29 "Shall the State Building Code be adopted in .......... 51.30 County?" 51.31 If the majority of the votes cast on the proposition is in 51.32 the negative, the State Building Code does not apply in the 51.33 subject county, outside home rule charter or statutory cities or 51.34 towns that adopted the building code before January 1, 1977, 51.35 except the building requirements for handicapped persons, the 51.36 requirements for bleacher safety, and the requirements for 52.1 elevator safety do apply. 52.2 Nothing in this section precludes a municipality or town 52.3 that has not adopted the State Building Code from adopting and 52.4 enforcing by ordinance or other legal means the State Building 52.5 Code within its jurisdiction. 52.6 Sec. 64. Minnesota Statutes 1998, section 16B.73, is 52.7 amended to read: 52.8 16B.73 [STATE BUILDING CODE IN MUNICIPALITIES UNDER 2,500; 52.9 LOCAL OPTION.] 52.10 The governing body of a municipality whose population is 52.11 less than 2,500 may provide that the State Building Code, except 52.12 the requirements for handicapped persons, the requirements for 52.13 bleacher safety, and the requirements for elevator safety, will 52.14 not apply within the jurisdiction of the municipality, if the 52.15 municipality is located in whole or in part within a county 52.16 exempted from its application under section 16B.72. If more 52.17 than one municipality has jurisdiction over an area, the State 52.18 Building Code continues to apply unless all municipalities 52.19 having jurisdiction over the area have provided that the State 52.20 Building Code, except the requirements for handicapped persons, 52.21 the requirements for bleacher safety, and the requirements for 52.22 elevator safety, does not apply within their respective 52.23 jurisdictions. Nothing in this section precludes a municipality 52.24 or town from adopting and enforcing by ordinance or other legal 52.25 means the State Building Code within its jurisdiction. 52.26 Sec. 65. [16C.065] [COST-BENEFIT ANALYSIS.] 52.27 (a) The commissioner or an agency official to whom the 52.28 commissioner has delegated duties under section 16C.03, 52.29 subdivision 16, may not approve a contract or purchase of goods 52.30 or services in an amount greater than $5,000,000 unless a 52.31 cost-benefit analysis has been completed and shows a positive 52.32 benefit to the public. The management analysis division must 52.33 perform or direct the performance of the analysis. A 52.34 cost-benefit analysis must be performed for a project if an 52.35 aggregation of contracts or purchases for a project exceeds 52.36 $5,000,000. 53.1 (b) All cost-benefit analysis documents under this section, 53.2 including preliminary drafts and notes, are public data. 53.3 (c) If a cost-benefit analysis does not show a positive 53.4 benefit to the public, the governor may approve a contract or 53.5 purchase of goods or services if a cost-effectiveness study had 53.6 been done that shows the proposed project is the most effective 53.7 way to provide a necessary public good. 53.8 (d) This section applies to contracts for goods or services 53.9 that are expected to have a useful life of more than three 53.10 years. This section does not apply for purchase of goods or 53.11 services for response to a natural disaster if an emergency has 53.12 been declared by the governor. 53.13 Sec. 66. Minnesota Statutes 1998, section 16C.14, 53.14 subdivision 1, is amended to read: 53.15 Subdivision 1. [CONTRACT CONDITIONS.] The commissioner may 53.16 contract to purchase by installment payments capital or other 53.17 equipment or services intended to improve the energy efficiency 53.18 of a state building or facility if: 53.19 (1) the term of the contract does not exceed ten years, 53.20 with not more than a ten-year payback beginning at the 53.21 completion of the project; 53.22 (2) the entire cost of the contract is a percentage of the 53.23 resultant savings in energy costs only. "Savings in energy cost" 53.24 means a comparison of energy cost and energy usage under the 53.25 precontract conditions, including reasonable projections of 53.26 energy cost and usage if no change is made to the precontract 53.27 conditions, against energy cost and usage with the changes made 53.28 under the contract. If it is impractical to directly measure 53.29 energy cost and/or energy usage, reasonable engineering 53.30 estimates may be substituted for measured results; 53.31 (3) the contract for purchase must be completed using a 53.32 solicitation; 53.33 (4) the commissioner has determined that the contract 53.34 vendor is a responsible vendor; 53.35 (5) the contract vendor can finance or obtain financing for 53.36 the performance of the contract without state assistance or 54.1 guarantee; and 54.2 (6) the state may unilaterally cancel the agreement if the 54.3 legislature fails to appropriate funds to continue the contract 54.4 or if the contractor at any time during the term of the contract 54.5 fails to perform its contractual obligations, including failure 54.6 to deliver or install equipment or materials, failure to replace 54.7 faulty equipment or materials in a timely fashion, and failure 54.8 to maintain the equipment as agreed in the contract. 54.9 Sec. 67. Minnesota Statutes 1998, section 16D.04, 54.10 subdivision 2, is amended to read: 54.11 Subd. 2. [AGENCY PARTICIPATION.] (a) A state agency may, 54.12 at its option, refer debts to the commissioner for collection. 54.13 The ultimate responsibility for the debt, including the 54.14 reporting of the debt to the commissioner of finance and the 54.15 decision with regard to the continuing collection and 54.16 uncollectibility of the debt, remains with the referring state 54.17 agency. 54.18 (b) When a debt owed to a state agency becomes 121 days 54.19 past due, the state agency must refer the debt to the 54.20 commissioner for collection. This requirement does not apply if 54.21 there is a dispute over the amount or validity of the debt, if 54.22 the debt is the subject of legal action or administrative 54.23 proceedings, or the agency determines that the debtor is 54.24 adhering to acceptable payment arrangements. The commissioner, 54.25 in consultation with the commissioner of finance, may provide 54.26 that certain types of debt need not be referred to the 54.27 commissioner for collection under this paragraph. Methods and 54.28 procedures for referral must follow internal guidelines prepared 54.29 by the commissioner of finance. 54.30 Sec. 68. Minnesota Statutes 1998, section 16E.01, 54.31 subdivision 1, is amended to read: 54.32 Subdivision 1. [PURPOSE.] The office of technology, 54.33 referred to in this chapter as the "office," is an agency in the54.34 executive branch managed by an executive director appointed by54.35 the governorunder the supervision of the commissioner of 54.36 administration. The office shall provide leadership and 55.1 direction for information and communications technology policy 55.2 in Minnesota. The office shall coordinate strategic investments 55.3 in information and communications technology to encourage the 55.4 development of a technically literate society and to ensure 55.5 sufficient access to and efficient delivery of government 55.6 services. 55.7 Sec. 69. Minnesota Statutes 1998, section 16E.02, is 55.8 amended to read: 55.9 16E.02 [OFFICE OF TECHNOLOGY STRUCTURE AND PERSONNEL.] 55.10 Subdivision 1. [OFFICE MANAGEMENT AND STRUCTURE.] The 55.11 executive directorcommissioner of administration is the state's 55.12 chief information officer and technology advisor to the 55.13 governor. The salary of the executive director may not exceed55.14 85 percent of the governor's salary. The executive director may55.15 employ a deputy director, assistant directors, and other55.16 employees that the executive director may consider necessary.55.17 The executive director and the deputy and assistant directors55.18 and one confidential secretary serve in the unclassified55.19 service.The staff of the office must include individuals 55.20 knowledgeable in information and communications technology. The55.21 executive director may appoint other personnel as necessary to55.22 operate the office of technology in accordance with chapter 43A.55.23 Subd. 2. [INTERGOVERNMENTAL PARTICIPATION.] The executive55.24 directorcommissioner of administration or the director's55.25 commissioner's designee shall serve as a member of the Minnesota 55.26 education telecommunications council, the geographic information 55.27 systems council, the library planning task force, or their 55.28 respective successor organizations, and as a member of Minnesota 55.29 Technology, Inc., the Minnesota health data institute as a 55.30 nonvoting member, and the Minnesota world trade center 55.31 corporation. 55.32 Sec. 70. Minnesota Statutes 1998, section 16E.08, is 55.33 amended to read: 55.34 16E.08 [BUSINESS LICENSE INFORMATION.] 55.35 The office shall coordinate the design, establishment, 55.36 implementation, and maintenance of an electronic system to allow 56.1 the public to retrieve by computer information prepared by the 56.2 department of trade and economic development bureau of business 56.3 licenses on licenses and their requirements. The office shall 56.4 establish the format and standards for retrieval consistent with 56.5 state information and data interchange policies. The system 56.6 must also be designed to allow the public to apply for and 56.7 obtain business licenses and permits on line. The office shall 56.8 integrate the system with the North Star online information 56.9 system. The office shall work in collaboration with the 56.10 department of trade and economic development bureau of business 56.11 licenses. The bureau is responsible for creating and operating 56.12 the system. 56.13 Sec. 71. Minnesota Statutes 1998, section 43A.047, is 56.14 amended to read: 56.15 43A.047 [CONTRACTED SERVICES.] 56.16 (a) Executive agencies, including the Minnesota state 56.17 colleges and universities system, must demonstrate that they 56.18 cannot use available staff before hiring outside consultants or 56.19 services. If use of consultants is necessary, agencies are 56.20 encouraged to negotiate contracts that will involve permanent 56.21 staff, so as to upgrade and maximize training of state employees. 56.22 (b) If agencies reduce operating budgets, agencies must 56.23 give priority to reducing spending on professional and technical 56.24 service contracts before laying off permanent employees. 56.25 (c) Agencies must report to the senate finance and house56.26 ways and means committeescommissioner of administration by 56.27 AugustNovember 1 each year on implementation of this section 56.28 during the previous fiscal year. The reports must include 56.29 amounts spent on professional and technical service contracts 56.30 during the previous fiscal year. The commissioner shall compile 56.31 the reports into a uniform format and forward them to the chairs 56.32 of the senate finance and house ways and means committees by 56.33 November 15. 56.34 Sec. 72. Minnesota Statutes 1998, section 43A.22, is 56.35 amended to read: 56.36 43A.22 [BENEFITS; INTENT.] 57.1 (a) It is the intent of the state to provide eligible 57.2 employees and other eligible persons with life insurance and 57.3 hospital, medical, and dental benefits coverage through provider 57.4 organizations, hereafter referred to as "carriers," authorized 57.5 to do business in the state. 57.6 (b) The commissioner may self-insure any hospital and 57.7 medical plan offered under sections 43A.22 to 43A.31 to promote 57.8 reasonably stable and predictable premiums for hospital and 57.9 medical benefits paid by the state and its employees and to 57.10 promote affordable, ongoing relationships between employees and 57.11 dependents and their medical providers. The commissioner shall 57.12 consult with the commissioners of commerce and health and human 57.13 services regarding the development and reporting of quality of 57.14 care measures. 57.15 Sec. 73. Minnesota Statutes 1998, section 43A.23, 57.16 subdivision 1, is amended to read: 57.17 Subdivision 1. [GENERAL.] The commissioner is authorized 57.18 to request bids from carriers or to negotiate with carriers and 57.19 to enter into contracts with carriers which in the judgment of 57.20 the commissioner are best qualified to underwrite and service 57.21 the benefit plans. Contracts entered into with carriers are not 57.22 subject to the requirements of sections 16C.16 to 16C.19. The 57.23 commissioner may negotiate premium rates and coverage provisions 57.24 with all carriers licensed under chapters 62A, 62C, and 62D. 57.25 The commissioner may also negotiate reasonable restrictions to 57.26 be applied to all carriers under chapters 62A, 62C, and 62D. 57.27 Contracts to underwrite the benefit plans must be bid or 57.28 negotiated separately from contracts to service the benefit 57.29 plans, which may be awarded only on the basis of competitive 57.30 bids. The commissioner shall consider the cost of the plans, 57.31 conversion options relating to the contracts, service 57.32 capabilities, character, financial position, and reputation of 57.33 the carriers, and any other factors which the commissioner deems 57.34 appropriate. Each benefit contract must be for a uniform term 57.35 of at least one year, but may be made automatically renewable 57.36 from term to term in the absence of notice of termination by 58.1 either party. The commissioner shall, to the extent feasible, 58.2 make hospital and medical benefits available from at least one 58.3 carrier licensed to do business pursuant to each of chapters 58.4 62A, 62C, and 62D. The commissioner need not provide health 58.5 maintenance organization services to an employee who resides in 58.6 an area which is not served by a licensed health maintenance 58.7 organization. The commissioner may refuse to allow a health 58.8 maintenance organization to continue as a carrier. The 58.9 commissioner may elect not to offer all three types of carriers 58.10 if there are no bids or no acceptable bids by that type of 58.11 carrier or if the offering of additional carriers would result 58.12 in substantial additional administrative costs. A carrier 58.13 licensed under chapter 62A is exempt from the tax imposed by 58.14 section 60A.15 on premiums paid to it by the state. 58.15 All self-insured hospital and medical service products must 58.16 comply with coverage mandates, data reporting, and consumer 58.17 protection requirements applicable to the licensed carrier 58.18 administering the product, had the product been insured, 58.19 including chapters 62J, 62M, and 62Q. Any self-insured products 58.20 that limit coverage to a network of providers or provide 58.21 different levels of coverage between network and nonnetwork 58.22 providers shall comply with section 62D.123 and geographic 58.23 access standards for health maintenance organizations adopted by 58.24 the commissioner of health in rule under chapter 62D. 58.25 Sec. 74. Minnesota Statutes 1998, section 43A.23, 58.26 subdivision 2, is amended to read: 58.27 Subd. 2. [CONTRACT TO CONTAIN STATEMENT OF BENEFITS.] (a) 58.28 Each contract under sections 43A.22 to 43A.30 shall contain a 58.29 detailed statement of benefits offered and shall include any 58.30 maximums, limitations, exclusions, and other definitions of 58.31 benefits the commissioner deems necessary or desirable. Each 58.32 hospital and medical benefits contract shall provide benefits at 58.33 least equal to those required by section 62E.06, subdivision 2. 58.34 (b) All summaries of benefits describing the hospital and 58.35 medical service benefits offered to state employees must comply 58.36 with laws and rules for content and clarity applicable to the 59.1 licensed carrier administering the product. Referral procedures 59.2 must be clearly described. The commissioners of commerce and 59.3 health, as appropriate, shall review the summaries of benefits, 59.4 whether written or electronic, and advise the commissioner of 59.5 employee relations on any changes needed to ensure compliance. 59.6 Sec. 75. Minnesota Statutes 1998, section 43A.30, is 59.7 amended by adding a subdivision to read: 59.8 Subd. 6. [CONTINGENCY RESERVE.] The commissioner shall 59.9 maintain a contingency reserve within the employee insurance 59.10 trust fund. The reserve must be used to increase the controls 59.11 over medical plan provisions and insurance costs for the state's 59.12 employee populations. The reserve consists of appropriations 59.13 from the general fund, receipts from billings to agencies, and 59.14 credited investment gains and losses attributable to balances in 59.15 the account. The state board of investment shall invest the 59.16 assets of the account according to section 11A.24. 59.17 Sec. 76. Minnesota Statutes 1998, section 43A.31, 59.18 subdivision 2, is amended to read: 59.19 Subd. 2. [COMMISSIONER REPORTS.] The commissioner shall 59.20 transmit a report each biennium to the legislative commission on 59.21 employee relations concerning the operation of sections 43A.22 59.22 to 43A.30, including a study of local and statewide market 59.23 trends regarding provider concentration, costs, and other 59.24 factors as they may relate to the state's health benefits 59.25 purchasing strategy. The commissioner shall consult with the 59.26 commissioners of commerce and health in the conduct of this 59.27 study. The commissioner shall also report the number, type, and 59.28 disposition of complaints relating to the insurance programs 59.29 offered by the commissioner. 59.30 Sec. 77. Minnesota Statutes 1998, section 43A.31, is 59.31 amended by adding a subdivision to read: 59.32 Subd. 5. [CUSTOMER ASSISTANCE.] The commissioner shall 59.33 employ staff for the purposes of assisting state employees and 59.34 their dependents in: 59.35 (1) understanding their benefits and coverage levels; 59.36 (2) obtaining information and responses to questions 60.1 regarding issues of coverage, benefits, and service from 60.2 carriers and providers; and 60.3 (3) making use of all grievance, appeals, and complaint 60.4 resolution processes provided by law or contract. 60.5 Sec. 78. [43A.318] [PUBLIC EMPLOYEES GROUP LONG-TERM CARE 60.6 INSURANCE PROGRAM.] 60.7 Subdivision 1. [DEFINITIONS.] (a) [SCOPE.] For the 60.8 purposes of this section, the terms defined have the meaning 60.9 given them. 60.10 (b) [ADVISORY COMMITTEE; COMMITTEE.] "Advisory committee" 60.11 or "committee" means the committee created under subdivision 3. 60.12 (c) [COMMITTEE MEMBER; MEMBER.] "Committee member" or 60.13 "member" means a person serving on the advisory committee 60.14 created under subdivision 3. 60.15 (d) [ELIGIBLE PERSON.] "Eligible person" means: 60.16 (1) an active member of a public pension plan of the state; 60.17 (2) an employee or elected official of the state who is not 60.18 eligible for participation in a public employee pension plan of 60.19 the state; or 60.20 (3) a spouse or parent of a person described in clause (1) 60.21 or (2), regardless of the enrollment status in the program of 60.22 the person described in clause (1) or (2). 60.23 (e) [PROGRAM.] "Program" means the statewide public 60.24 employees long-term care insurance program created under 60.25 subdivision 2. 60.26 (f) [PUBLIC EMPLOYEE PENSION PLAN.] "Public employee 60.27 pension plan" means any Minnesota public pension plan or fund 60.28 that provides pension or retirement coverage for state employees. 60.29 (g) [QUALIFIED VENDOR.] "Qualified vendor" means an entity 60.30 licensed or authorized to underwrite, provide, or administer 60.31 group long-term care insurance benefits in this state. 60.32 Subd. 2. [PROGRAM CREATION; GENERAL PROVISIONS.] (a) The 60.33 commissioner may administer a program to make long-term care 60.34 coverage available to eligible persons. The commissioner may 60.35 determine the program's funding arrangements, request bids from 60.36 qualified vendors, and negotiate and enter into contracts with 61.1 qualified vendors. Contracts are not subject to the 61.2 requirements of section 16C.16 or 16C.19. Contracts must be for 61.3 a uniform term of at least one year, but may be made 61.4 automatically renewable from term to term in the absence of 61.5 notice of termination by either party. The program may not be 61.6 self-insured until the commissioner has completed an actuarial 61.7 study of the program and reported the results of the study to 61.8 the legislature and self-insurance has been specifically 61.9 authorized by law. 61.10 (b) The program may provide coverage for home, community, 61.11 and institutional long-term care and any other benefits as 61.12 determined by the commissioner. Coverage is optional. The 61.13 enrolled eligible person must pay the full cost of the coverage. 61.14 (c) The commissioner shall promote activities that attempt 61.15 to raise awareness of the need for long-term care insurance 61.16 among residents of the state and encourage the increased 61.17 prevalence of long-term care coverage. These activities must 61.18 include the sharing of knowledge gained in the development of 61.19 the program. 61.20 (d) The commissioner may employ and contract with persons 61.21 and other entities to perform the duties under this section and 61.22 may determine their duties and compensation consistent with this 61.23 chapter. 61.24 (e) The benefits provided under this section are not terms 61.25 and conditions of employment as defined under section 179A.03, 61.26 subdivision 19, and are not subject to collective bargaining. 61.27 (f) The commissioner shall establish underwriting criteria 61.28 for entry of all eligible persons into the program. Eligible 61.29 persons who would be immediately eligible for benefits may not 61.30 enroll. 61.31 (g) Eligible persons who meet underwriting criteria may 61.32 enroll in the program upon hiring and at other times established 61.33 by the commissioner. 61.34 (h) An eligible person enrolled in the program may continue 61.35 to participate in the program even if an event, such as 61.36 termination of employment, changes the person's employment 62.1 status. 62.2 (i) Participating public employee pension plans and public 62.3 employers may provide automatic pension or payroll deduction for 62.4 payment of long-term care insurance premiums to qualified 62.5 vendors contracted with under this section. 62.6 (j) The premium charged to program enrollees must include 62.7 an administrative fee to cover all program expenses incurred in 62.8 addition to the cost of coverage. All fees collected are 62.9 appropriated to the commissioner for the purpose of 62.10 administrating the program. 62.11 Subd. 3. [ADVISORY COMMITTEE.] (a) The committee consists 62.12 of: 62.13 (1) the executive directors or designees of the Minnesota 62.14 state retirement system, the public employees retirement 62.15 association, and the teachers retirement association; 62.16 (2) one member of the investment advisory committee of the 62.17 state board of investment provided under section 11A.08 62.18 appointed by the board; 62.19 (3) one staff member of the department of human services 62.20 appointed by the commissioner of human services; 62.21 (4) one staff member of the department of commerce 62.22 appointed by the commissioner of commerce; 62.23 (5) one member of the medical community with clinical 62.24 knowledge of long-term care appointed by the commissioner of 62.25 employee relations; and 62.26 (6) six members representing the interests of eligible 62.27 persons, including exclusive representatives of employees as 62.28 defined by section 179A.03, subdivision 8, and unrepresented 62.29 employees appointed by the commissioner of employee relations. 62.30 (b) Appointment to and removal from the committee must be 62.31 in the manner provided in section 15.059. 62.32 (c) The members of the committee described in paragraph 62.33 (a), clauses (1) to (5), serve without term limits. The terms 62.34 of members described in paragraph (a), clause (6), are governed 62.35 by section 15.059, subdivision 2. 62.36 (d) Members serve without compensation, but are eligible 63.1 for reimbursement of expenses in the same manner and amount as 63.2 authorized under section 43A.18, subdivision 2. 63.3 (e) The committee shall advise the commissioner on program 63.4 issues, including, but not limited to, benefits, coverage, 63.5 funding, eligibility, enrollment, underwriting, and marketing. 63.6 Subd. 4. [LONG-TERM CARE INSURANCE TRUST FUND.] (a) The 63.7 long-term care insurance trust fund in the state treasury 63.8 consists of deposits of the premiums received from persons 63.9 enrolled in the program. All money in the fund is appropriated 63.10 to the commissioner to pay premiums, claims, refunds, 63.11 administrative costs, and other related service costs. The 63.12 commissioner shall reserve an amount of money sufficient to 63.13 cover the actuarially estimated costs of claims incurred but 63.14 unpaid. The trust fund must be used solely for the purpose of 63.15 the program. 63.16 (b) The state board of investment shall invest the money in 63.17 the fund according to section 11A.24. Investment income and 63.18 losses attributable to the fund must be credited to or deducted 63.19 from the fund. 63.20 Subd. 5. [PRIVATE SOURCES.] This section does not prohibit 63.21 or limit individuals or local governments from purchasing 63.22 long-term care insurance through other private sources. 63.23 Sec. 79. Minnesota Statutes 1998, section 128C.02, is 63.24 amended by adding a subdivision to read: 63.25 Subd. 3a. [PARTICIPATION IN EXHIBITIONS.] Minnesota 63.26 amateur sports commission exhibitions in which high school 63.27 students participate individually or as members of a team do not 63.28 qualify as games, contests, or other extracurricular activities 63.29 for state high school league purposes under this chapter. 63.30 Sec. 80. Minnesota Statutes 1998, section 138.17, 63.31 subdivision 7, is amended to read: 63.32 Subd. 7. [RECORDS MANAGEMENT PROGRAM.] A records 63.33 management program for the application of efficient and 63.34 economical management methods to the creation, utilization, 63.35 maintenance, retention, preservation, and disposal of official 63.36 records shall be administered by the commissioner of 64.1 administration with assistance from the director of the 64.2 historical society. The state records center which stores and 64.3 services state records not in state archives shall be 64.4 administered by the commissioner of administration. The 64.5 commissioner of administration is empowered to (1) establish 64.6 standards, procedures, and techniques for effective management 64.7 of government records, (2) make continuing surveys of paper work 64.8 operations, and (3) recommend improvements in current records 64.9 management practices including the use of space, equipment, and 64.10 supplies employed in creating, maintaining, preserving and 64.11 disposing of government records. It shall be the duty of the 64.12 head of each state agency and the governing body of each county, 64.13 municipality, and other subdivision of government to cooperate 64.14 with the commissioner in conducting surveys and to establish and 64.15 maintain an active, continuing program for the economical and 64.16 efficient management of the records of each agency, county, 64.17 municipality, or other subdivision of government. When 64.18 requested by the commissioner, public officials shall assist in 64.19 the preparation of an inclusive inventory of records in their 64.20 custody, to which shall be attached a schedule, approved by the 64.21 head of the governmental unit or agency having custody of the 64.22 records and the commissioner, establishing a time period for the 64.23 retention or disposal of each series of records. When the 64.24 schedule is unanimously approved by the records disposition 64.25 panel, the head of the governmental unit or agency having 64.26 custody of the records may dispose of the type of records listed 64.27 in the schedule at a time and in a manner prescribed in the 64.28 schedule for particular records which were created after the 64.29 approval. A list of records disposed of pursuant to this 64.30 subdivision shall be forwarded to the commissioner and the 64.31 archivist by the head of the governmental unit or agency. The 64.32 archivist shall maintain a list of all records destroyed. 64.33 Sec. 81. Minnesota Statutes 1998, section 138.17, 64.34 subdivision 8, is amended to read: 64.35 Subd. 8. [EMERGENCY RECORDS PRESERVATION.] In light of the 64.36 danger of nuclear or natural disaster, the commissioner of 65.1 administration, with the assistance of the director of the 65.2 historical society, shall establish and maintain a program for 65.3 the selection and preservation of public records considered 65.4 essential to the operation of government and to the protection 65.5 of the rights and interests of persons, and shall make or cause 65.6 to be made preservation duplicates or designate as preservation 65.7 duplicates existing copies of such essential public records. 65.8 Preservation duplicates shall be durable, accurate, complete, 65.9 and clear, and such duplicates reproduced by photographic or 65.10 other process which accurately reproduces and forms a durable 65.11 medium for so reproducing the original shall have the same force 65.12 and effect for all purposes as the original record whether the 65.13 original record is in existence or not. A transcript, 65.14 exemplification, or certified copy of such preservation 65.15 duplicate shall be deemed for all purposes to be a transcript, 65.16 exemplification, or certified copy of the original record. Such 65.17 preservation duplicates shall be preserved in the place and 65.18 manner of safekeeping prescribed by the commissioner. 65.19 Every county, municipality, or other subdivision of 65.20 government may institute a program for the preservation of 65.21 necessary documents essential to the continuity of government. 65.22 Such a program shall first be submitted to the commissioner for 65.23 approval or disapproval and no such program shall be instituted 65.24 until such approval is obtained. 65.25 Sec. 82. Minnesota Statutes 1998, section 192.49, 65.26 subdivision 3, is amended to read: 65.27 Subd. 3. [ALLOWANCES FOR MILITARY EXPENSE.] (a) Allowances 65.28 for the necessary military expenses of all organizations, units, 65.29 or detachments of the military forces, including clerk hire, 65.30 office supplies, postage, and other actual outlay, shallmay be 65.31 paid by the adjutant general out of the funds appropriated for 65.32 the maintenance of the military forces , such. These allowances 65.33 annually may not toexceed: 65.34 (1) for the state headquarters and for the division 65.35 headquarters when located in this state $2,000$2,500 each; 65.36 (2) $3,000 a yearfor the commanding general of troops; 66.1 (3) for any other organization commanded by a general 66.2 officer $1,000 plus $100 for each immediately and directly66.3 subordinate organization or unit$2,200; 66.4 (4) for any brigade, group, battalion, squadron, or 66.5 equivalent organization $200$500 plus $100 for each immediately 66.6 and directly subordinate organization or unit; and $30066.7 (5) $600 for incidental expenses of each company, battery, 66.8 or detachment ; and at the time of the annual encampment or66.9 maneuvers, for each division or camp headquarters mess $200; for66.10 each officers' mess of a regiment, group, or higher headquarters66.11 $200; and for the officers' mess of each battalion or equivalent66.12 headquarters $100. 66.13 (b) Allowances authorized under this section shall be 66.14 expended and accounted for as prescribed by the 66.15 commander-in-chief in orders or rulesadjutant general. 66.16 Sec. 83. Minnesota Statutes 1998, section 197.79, 66.17 subdivision 10, is amended to read: 66.18 Subd. 10. [DEADLINE FOR APPLICATIONS.] The application 66.19 period for the bonus program established in this section shall 66.20 be November 1, 1997, to June 30, 19992001. The department may 66.21 not receive or accept new applications after June 30, 19992001. 66.22 Sec. 84. Minnesota Statutes 1998, section 202A.18, is 66.23 amended by adding a subdivision to read: 66.24 Subd. 2a. [PREFERENCE BALLOT.] Prior to the opening of 66.25 nominations for the election of permanent offices and delegates, 66.26 a ballot must be distributed to permit caucus participants to 66.27 indicate their preference for the offices of president of the 66.28 United States or governor. The results of preference voting 66.29 must be reported to the secretary of state immediately upon 66.30 conclusion of the voting, in the manner provided by the 66.31 secretary of state. The secretary of state shall provide the 66.32 appropriate forms to the party for reporting the results. 66.33 Sec. 85. Minnesota Statutes 1998, section 202A.20, 66.34 subdivision 2, is amended to read: 66.35 Subd. 2. [REPORTING CAUCUS RESULTS.] The secretary of 66.36 state may provide a method for the timely reporting of caucus67.1 results to the publicshall promptly report to the public the 67.2 results of preference balloting at the precinct caucuses. 67.3 Sec. 86. Minnesota Statutes 1998, section 204B.25, 67.4 subdivision 2, is amended to read: 67.5 Subd. 2. [RULES OF SECRETARY OF STATE.] The secretary of 67.6 state shall adopt rules establishing a programprograms for the 67.7 training of county auditors, local election officials, and 67.8 election judges by county auditors as required by this section. 67.9 Sec. 87. Minnesota Statutes 1998, section 204B.25, is 67.10 amended by adding a subdivision to read: 67.11 Subd. 4. [TRAINING FOR LOCAL ELECTION OFFICIALS.] At least 67.12 once every two years, the county auditor shall conduct training 67.13 sessions for the municipal and school district clerks in the 67.14 county. The training sessions must be conducted in the manner 67.15 provided by the secretary of state. No local election official 67.16 may administer an election without receiving training from the 67.17 county auditor. 67.18 Sec. 88. Minnesota Statutes 1998, section 204B.27, is 67.19 amended by adding a subdivision to read: 67.20 Subd. 10. [TRAINING FOR COUNTY AUDITORS; TRAINING 67.21 MATERIALS.] The secretary of state shall develop a training 67.22 program in election administration for county auditors and shall 67.23 certify each county auditor who successfully completes the 67.24 training program. The secretary of state shall provide each 67.25 county auditor with materials for use in training local election 67.26 officials and election judges. 67.27 Sec. 89. Minnesota Statutes 1998, section 204B.28, 67.28 subdivision 1, is amended to read: 67.29 Subdivision 1. [ TRAINING PROGRAM FORMEETING WITH ELECTION 67.30 OFFICIALS.] At least 12 weeks before each state primary67.31 regularly scheduled general election, each county auditor shall 67.32 conduct a training program formeeting with local election 67.33 officials to review the procedures for the election. The county 67.34 auditor may require the municipal clerks andthe chairs of the 67.35 election boards in the county to meet for this training program67.36 before the election at a time and place set by the county68.1 auditor. The training program shall include instruction in68.2 election procedures and the duties of municipal clerks and68.3 election judges. The chairs of the election boards shall be68.4 compensated by the municipalities for the incidental expenses68.5 incurred by them to attend a training programattend this 68.6 meeting. 68.7 Sec. 90. Minnesota Statutes 1998, section 240A.09, is 68.8 amended to read: 68.9 240A.09 [PLAN DEVELOPMENT; CRITERIA.] 68.10 The Minnesota amateur sports commission shall develop a 68.11 plan to promote the development of proposals for new statewide 68.12 public ice facilities including proposals for ice centers and 68.13 matching grants based on the criteria in this section. 68.14 (a) For ice center proposals, the commission will give 68.15 priority to proposals that come from more than one local 68.16 government unit. Institutions of higher education are not 68.17 eligible to receive a grant. 68.18 (b) In the metropolitan area as defined in section 473.121, 68.19 subdivision 2, the commission is encouraged to give priority to 68.20 the following proposals: 68.21 (1) proposals for construction of two or more ice sheets in 68.22 a single new facility; 68.23 (2) proposals for construction of an additional sheet of 68.24 ice at an existing ice center; 68.25 (3) proposals for construction of a new, single sheet of 68.26 ice as part of a sports complex with multiple sports facilities; 68.27 and 68.28 (4) proposals for construction of a new, single sheet of 68.29 ice that will be expanded to a two-sheet facility in the future. 68.30 (c) The commission shall administer a site selection 68.31 process for the ice centers. The commission shall invite 68.32 proposals from cities or counties or consortia of cities. A 68.33 proposal for an ice center must include matching contributions 68.34 including in-kind contributions of land, access roadways and 68.35 access roadway improvements, and necessary utility services, 68.36 landscaping, and parking. 69.1 (d) Proposals for ice centers and matching grants must 69.2 provide for meeting the demand for ice time for female groups by 69.3 offering up to 50 percent of prime ice time, as needed, to 69.4 female groups. For purposes of this section, prime ice time 69.5 means the hours of 4:00 p.m. to 10:00 p.m. Monday to Friday and 69.6 9:00 a.m. to 8:00 p.m. on Saturdays and Sundays. 69.7 (e) The location for all proposed facilities must be in 69.8 areas of maximum demonstrated interest and must maximize 69.9 accessibility to an arterial highway. 69.10 (f) To the extent possible, all proposed facilities must be 69.11 dispersed equitably, must be located to maximize potential for 69.12 full utilization and profitable operation, and must accommodate 69.13 noncompetitive family and community skating for all ages. 69.14 (g) The commission may also use the fundsmoney to upgrade 69.15 current facilities, purchase girls' ice time, or conduct amateur 69.16 women's hockey and other ice sport tournaments. 69.17 (h) To the extent possible, 50 percent of all grants must 69.18 be awarded to communities in greater Minnesota. 69.19 (i) To the extent possible, technical assistance shall be 69.20 provided to Minnesota communities by the commission on ice arena 69.21 planning, design, and operation, including the marketing of ice 69.22 time. 69.23 (j) A grant for new facilities may not exceed $250,000. 69.24 (k) The commission may use fundsmake grants for 69.25 rehabilitation and renovation grants. A rehabilitation or 69.26 renovation grant may not exceed $100,000. Priority must be 69.27 given to grant applications for indoor air quality improvements, 69.28 including zero emission ice resurfacing equipment. 69.29 (k)(l) Grant fundsmoney may be used for ice centers 69.30 designed for sports other than hockey. 69.31 (m) Grant money may be used to upgrade existing facilities 69.32 to comply with the bleacher safety requirements of section 69.33 16B.616. 69.34 Sec. 91. [240A.12] [GRANTS FOR ATHLETIC FACILITIES AND 69.35 PROGRAMS.] 69.36 Subdivision 1. [GRANTS.] The commission may make matching 70.1 grants to political subdivisions of the state: 70.2 (1) to acquire and better public land and buildings and 70.3 other public improvements of a capital nature to be used for 70.4 community facilities and related infrastructure primarily for 70.5 amateur athletics; 70.6 (2) to renovate existing facilities used primarily for 70.7 amateur athletics; 70.8 (3) to support recreational programs for children and 70.9 adolescents; and 70.10 (4) to support special events involving amateur athletics. 70.11 Subd. 2. [GEOGRAPHIC DISPERSAL.] To the extent possible, 70.12 over time, the commission shall disperse grants equally among 70.13 the state's congressional districts and award one-half of all 70.14 grants to communities or institutions outside the metropolitan 70.15 area as defined in section 473.121, subdivision 2. 70.16 Subd. 3. [MAXIMUM GRANTS AND MATCHING CONTRIBUTIONS.] Each 70.17 grant under this section must be matched by recipient 70.18 communities or institutions in accordance with this 70.19 subdivision. A matching contribution may include an in-kind 70.20 contribution of land, access roadways and access roadway 70.21 improvements, and necessary utility services, landscaping, and 70.22 parking. A grant for new facilities may not exceed $100,000 and 70.23 must be matched by the recipient at a rate of four times the 70.24 amount of the grant. A grant for renovation of existing 70.25 facilities may not exceed $50,000 and must be matched equally by 70.26 the recipient. A grant for recreational programs may not exceed 70.27 $20,000 and must be matched equally by the recipient. A grant 70.28 for a special event or program may not exceed $100,000 and must 70.29 be matched equally by the recipient. 70.30 Sec. 92. Minnesota Statutes 1998, section 297F.08, is 70.31 amended by adding a subdivision to read: 70.32 Subd. 8a. [REVOLVING ACCOUNT.] A heat-applied cigarette 70.33 tax stamp revolving account is created. The commissioner shall 70.34 use the amounts in this fund to purchase heat-applied stamps for 70.35 resale. The commissioner shall charge distributors for the tax 70.36 value of the stamps they receive along with the commissioner's 71.1 cost to purchase the stamps and ship them to the distributor. 71.2 The stamp purchase and shipping costs recovered must be credited 71.3 to the revolving account and are appropriated to the 71.4 commissioner for the further purchases and shipping costs. The 71.5 revolving account is initially funded by a $40,000 transfer from 71.6 the department of revenue. 71.7 Sec. 93. [325F.015] [UNSAFE BLEACHERS.] 71.8 A person shall not manufacture, sell, distribute, or 71.9 install bleachers within this state that do not comply with 71.10 section 16B.616. For purposes of this section, "person" means 71.11 an individual, public or private entity, however organized, or a 71.12 unit of state or local government. 71.13 Sec. 94. Minnesota Statutes 1998, section 325K.03, is 71.14 amended by adding a subdivision to read: 71.15 Subd. 4. [CERTIFICATION PRACTICE STATEMENT.] The secretary 71.16 in the role of licensed certification authority may adopt and 71.17 amend a certification practice statement without using the 71.18 provisions of chapter 14. 71.19 Sec. 95. Minnesota Statutes 1998, section 325K.04, is 71.20 amended to read: 71.21 325K.04 [FEES.] 71.22 (a) The secretary may adopt rules establishingshall set 71.23 reasonable fees for all services rendered under this chapter, in 71.24 amounts sufficient to compensate for the costs of all 71.25 services provided by the secretary under this chapter. All fees71.26 recovered by the secretary must be deposited in the state71.27 general fund.Until July 1, 2001, the fees need not be set by 71.28 rule. 71.29 (b) The digital signature account is created in the special 71.30 revenue fund. All fees recovered by the secretary must be 71.31 deposited in the digital signature account. Money in the 71.32 digital signature account is appropriated to the secretary to 71.33 pay the costs of all services provided by the secretary. 71.34 Sec. 96. Minnesota Statutes 1998, section 325K.05, 71.35 subdivision 1, is amended to read: 71.36 Subdivision 1. [LICENSE CONDITIONS.] To obtain or retain a 72.1 license, a certification authority must: 72.2 (1) be the subscriber of a certificate published in a 72.3 recognized repository; 72.4 (2) employ as operative personnel only persons who have not 72.5 been convicted within the past 15 years of a felony or a crime 72.6 involving fraud, false statement, or deception; 72.7 (3) employ as operative personnel only persons who have 72.8 demonstrated knowledge and proficiency in following the 72.9 requirements of this chapter; 72.10 (4) file with the secretary a suitable guaranty, unless the 72.11 certification authority is a department, office, or official of 72.12 a federal, state, city, or county governmental entity that is 72.13 self-insured; 72.14 (5) use a trustworthy system, including a secure means for 72.15 limiting access to its private key; 72.16 (6) present proof to the secretary of having working 72.17 capital reasonably sufficient, according to rules adopted by the 72.18 secretary, to enable the applicant to conduct business as a 72.19 certification authority; 72.20 (7) register its business organization with the secretary, 72.21 unless the applicant is a governmental entity or is otherwise 72.22 prohibited from registering; and72.23 (8) require a potential subscriber to appear in person 72.24 before the certification authority, or an agent of the 72.25 certification authority, to prove the subscriber's identity 72.26 before a certificate is issued to the subscriber; and 72.27 (9) comply with all further licensing requirements 72.28 established by rule by the secretary. 72.29 The secretary may, by rule, establish standards by which the 72.30 in-person registration required in clause (8) may be waived. 72.31 Sec. 97. Minnesota Statutes 1998, section 325K.09, is 72.32 amended by adding a subdivision to read: 72.33 Subd. 3. [ACCEPTANCE.] A recipient who accepts a digital 72.34 signature when the certificate was issued by a licensed 72.35 certification authority becomes a party to and accepts all of 72.36 the terms and conditions of the licensed certification 73.1 authority's certification practice statement. 73.2 Sec. 98. Minnesota Statutes 1998, section 325K.10, 73.3 subdivision 5, is amended to read: 73.4 Subd. 5. [ORDER OF SUSPENSION OR REVOCATION.] The 73.5 secretary may order the licensed certification authority to 73.6 suspend or revoke a certificate that the certification authority 73.7 issued if, after giving any required notice and opportunity for 73.8 the certification authority and subscriber to be heard in 73.9 accordance with the Administrative Procedure Act, chapter 14, 73.10 the secretary determines that: 73.11 (1) the certificate was issued without substantial 73.12 compliance with this section; and 73.13 (2) the noncompliance poses a significant risk to persons 73.14 reasonably relying on the certificate. 73.15 Upon determining that an emergency requires an immediate 73.16 remedy, and in accordance with the Administrative Procedure Act, 73.17 chapter 14, the secretary may issue an order suspending a 73.18 certificate for a period not to exceed 4896 hours. 73.19 Sec. 99. Minnesota Statutes 1998, section 325K.14, is 73.20 amended by adding a subdivision to read: 73.21 Subd. 9. [ADMINISTRATIVE PROCEDURES.] For purposes of this 73.22 section, the provisions of chapter 14 do not apply when the 73.23 secretary acts as a licensed certification authority for 73.24 governmental entities. 73.25 Sec. 100. Minnesota Statutes 1998, section 325K.15, is 73.26 amended by adding a subdivision to read: 73.27 Subd. 8. [ADMINISTRATIVE PROCEDURES.] For purposes of this 73.28 section, the provisions of chapter 14 do not apply when the 73.29 secretary acts as a licensed certification authority for 73.30 governmental entities. 73.31 Sec. 101. Minnesota Statutes 1998, section 349.163, 73.32 subdivision 4, is amended to read: 73.33 Subd. 4. [INSPECTION OF MANUFACTURERS.] Employees of the 73.34 board and the division of alcohol and gambling enforcement may 73.35 inspect the books, records, inventory, and business premises of 73.36 a licensed manufacturer without notice during the normal 74.1 business hours of the manufacturer. The board may charge a 74.2 manufacturer for the actual cost of conducting scheduled or 74.3 unscheduled inspections of the manufacturer's facilities, where 74.4 the amount charged to the manufacturer for such inspections in 74.5 any year does not exceed $7,500. The board shall deposit in a 74.6 separate account in the state treasury all money received as 74.7 reimbursement for the costs of inspections. Until July 1, 1999,74.8 Money in the account is appropriated to the board to pay the 74.9 costs of the inspections. 74.10 Sec. 102. Laws 1993, chapter 192, section 16, is amended 74.11 to read: 74.12 Sec. 16. CAPITOL AREA ARCHITECTURAL 74.13 AND PLANNING BOARD 326,000 334,000 74.14 Any unencumbered balance of the 74.15 appropriation for the first year does 74.16 not cancel and is available for use in 74.17 the second year. 74.18 $75,000 the first year and $82,000 the 74.19 second year are to create a memorial to 74.20 Hubert H. Humphrey in the capitol 74.21 area. Of these amounts, up to $75,000 74.22 may be used by the board to select an 74.23 appropriate site for the memorial. 74.24 $82,000 is available only as matched,74.25 one state dollar for three dollars, by74.26 contributions from nonstate sources.74.27 The board shall establish design 74.28 requirements, choose the design, and 74.29 oversee construction of the memorial. 74.30 In establishing the memorial, the board 74.31 may accept money from nonstate sources 74.32 and contract with other private or 74.33 public agencies. The appropriation is 74.34 available until expended. 74.35 Sec. 103. Laws 1994, chapter 643, section 69, subdivision 74.36 1, is amended to read: 74.37 Subdivision 1. [TASK FORCE MEMBERSHIP.] An 18-memberA 74.38 19-member planning task force for library and information 74.39 services shall be established and shall be composed of: three 74.40 representatives appointed by the chancellor of the higher 74.41 education board, one of whom may be serving on the MINITEX 74.42 advisory committee; two representatives appointed by the 74.43 president of the University of Minnesota, one of whom may be 74.44 serving on the MINITEX advisory committee; one representative 74.45 appointed by the president of the Minnesota private college 74.46 council; the director of MINITEX; one representative appointed 75.1 by the commissioner of finance; one representative appointed by 75.2 the commissioner of administration; one representative appointed 75.3 by the executive director of the Minnesota higher education 75.4 coordinating board; the director of the office of library 75.5 development and services; five representatives of public 75.6 libraries appointed by the director of library development and 75.7 services; two representatives of elementary and secondary 75.8 schools appointed by the commissioner of education; and one 75.9 representative appointed by the governor. The executive 75.10 director of the Minnesota higher education coordinating board 75.11 shall confer with the other appointing authorities to ensure 75.12 that at least one-half of the task force members are employed in 75.13 occupations unrelated to library science. The executive 75.14 director of the Minnesota higher education coordinating board 75.15 shall convene the first meeting of the task force. 75.16 Sec. 104. Laws 1995, First Special Session chapter 3, 75.17 article 12, section 7, subdivision 1, as amended by Laws 1997, 75.18 First Special Session chapter 4, article 9, section 2, and Laws 75.19 1998, chapter 270, section 4, is amended to read: 75.20 Subdivision 1. [STATE COUNCIL MEMBERSHIP.] The membership 75.21 of the Minnesota education telecommunications council 75.22 established in Laws 1993, First Special Session chapter 2, is 75.23 expanded to include representatives of elementary and secondary 75.24 education. The membership shall consist of three 75.25 representatives from the University of Minnesota; three 75.26 representatives of the board of trustees for Minnesota state 75.27 colleges and universities; one representative of the higher 75.28 education services offices; one representative appointed by the 75.29 private college council; eight representatives selected by the 75.30 commissioner of children, families, and learning, at least one 75.31 of which must come from each of the six higher education 75.32 telecommunication regions; the directorcommissioner of the75.33 office of technologyadministration; two members each from the 75.34 senate and the house of representatives selected by the 75.35 subcommittee on committees of the committee on rules and 75.36 administration of the senate and the speaker of the house, one 76.1 member from each body must be a member of the minority party; 76.2 and three representatives of libraries, one representing 76.3 regional public libraries, one representing multitype libraries, 76.4 and one representing community libraries, selected by the 76.5 governor. The council shall: 76.6 (1) develop a statewide vision and plans for the use of 76.7 distance learning technologies and provide leadership in 76.8 implementing the use of such technologies; 76.9 (2) recommend to the commissioner and the legislature by 76.10 December 15, 1996, a plan for long-term governance and a 76.11 proposed structure for statewide and regional 76.12 telecommunications; 76.13 (3) recommend educational policy relating to 76.14 telecommunications; 76.15 (4) determine priorities for use; 76.16 (5) oversee coordination of networks for post-secondary 76.17 campuses, K-12 education, and regional and community libraries; 76.18 (6) review application for telecommunications access grants 76.19 under Minnesota Statutes, section 124C.74, and recommend to the 76.20 department grants for funding; 76.21 (7) determine priorities for grant funding proposals; and 76.22 (8) work with the office of technology to ensure 76.23 consistency of the operation of the learning network with 76.24 standards of an open system architecture. 76.25 The council shall consult with representatives of the 76.26 telecommunication industry in implementing this section. 76.27 Sec. 105. Laws 1995, First Special Session chapter 3, 76.28 article 12, section 10, is amended to read: 76.29 Sec. 10. [ELECTRONIC COST REDUCTION.] 76.30 The commissioner of education shall identify methods to 76.31 reduce the costs of Internet access for school districts. The 76.32 commissioner shall work in conjunction with MNetthe state 76.33 information infrastructure, the department of administration, 76.34 and the telecommunication industry to provide Internet access 76.35 and long distance phone service at a favorable group rate. 76.36 Sec. 106. Laws 1997, chapter 202, article 2, section 61, 77.1 is amended to read: 77.2 Sec. 61. [VOLUNTARY UNPAID LEAVE OF ABSENCE.] 77.3 Appointing authorities in state government shall encourage77.4 may allow each employee to take an unpaid leave of absence for 77.5 up to 160 hours during the period ending June 30, 19992001. 77.6 Each appointing authority approving such a leave shall allow the 77.7 employee to continue accruing vacation and sick leave, be 77.8 eligible for paid holidays and insurance benefits, accrue 77.9 seniority, and accrue service credit in state retirement plans 77.10 permitting service credits for authorized leaves of absence as 77.11 if the employee had actually been employed during the time of 77.12 the leave. If the leave of absence is for one full pay period 77.13 or longer, any holiday pay shall be included in the first 77.14 payroll warrant after return from the leave of absence. The 77.15 appointing authority shall attempt to grant requests for unpaid 77.16 leaves of absence consistent with the need to continue efficient 77.17 operation of the agency. However, each appointing authority 77.18 shall retain discretion to grant or refuse to grant requests for 77.19 leaves of absence and to schedule and cancel leaves, subject to 77.20 applicable provisions of collective bargaining agreements and 77.21 compensation plans. 77.22 Sec. 107. Laws 1998, chapter 366, section 2, is amended to 77.23 read: 77.24 Sec. 2. LEGISLATURE 25,000 77.25 This appropriation is to the 77.26 legislative coordinating commission for 77.27 a grant to the Council of State 77.28 Governments to organize and fund a 77.29 series of meetings between members of 77.30 the Minnesota legislature and members 77.31 of the Manitoba and Ontario 77.32 parliaments. ApproximatelyUp to six 77.33 members of each body may attend the 77.34 meetings. Meetings may involve all 77.35 three bodies or the legislature and one 77.36 of the parliaments. The meetings shall 77.37 be at the capital cities of the state 77.38 or of the provinces. This 77.39 appropriation is available until June 77.40 30, 2000. 77.41 Sec. 108. [URBAN DEVELOPMENT ENVIRONMENTAL STEERING 77.42 COMMITTEE.] 77.43 Subdivision 1. [COMMITTEE; DEFINITION.] (a) The 78.1 environmental quality board shall establish an urban development 78.2 environmental steering committee consisting of representatives 78.3 of developers, environmental interests, agricultural landowners, 78.4 and other stakeholders. The urban development environmental 78.5 steering committee shall advise the environmental quality board 78.6 on the scope and content of the generic environmental impact 78.7 statement required in subdivision 2. 78.8 (b) Compensation of members and reimbursement of their 78.9 expenses is governed by Minnesota Statutes, section 15.059. The 78.10 committee expires upon completion of the generic environmental 78.11 impact statement required in subdivision 2 and presentation of 78.12 the report to the legislature. 78.13 (c) For the purposes of this section, "urban development" 78.14 means development in: 78.15 (1) cities with more than 15,000 population; and 78.16 (2) areas with densities greater than 200 people per square 78.17 mile in proximity to cities with more than 15,000 population. 78.18 Subd. 2. [GENERIC ENVIRONMENTAL IMPACT STATEMENT.] A 78.19 generic environmental impact statement must be prepared under 78.20 the direction of the environmental quality board to examine the 78.21 long-term effects of urban development, past, present, and 78.22 future, upon the economy, environment, and way of life of the 78.23 residents of this state. The study may address: 78.24 (1) the overall dimension of urban development in this 78.25 state, including the past and current trends of settlement and 78.26 population growth, the types and location of urban development, 78.27 and the relationship of past and current development patterns to 78.28 existing land use policies; 78.29 (2) environmental quality issues associated with urban 78.30 development such as the effects of urban development on air, 78.31 groundwater, surface water, and land, including the impact of 78.32 urban development on the loss of agricultural land in urbanizing 78.33 areas; 78.34 (3) economic issues such as the comparative economic impact 78.35 of alternative means of urban development, including the 78.36 economic efficiency of the alternatives; 79.1 (4) social issues such as the comparative social impact of 79.2 alternative means of urban development; and 79.3 (5) the roles of various units of government in regulating 79.4 various aspects of land use decisions. 79.5 Sec. 109. [STATE TRAVEL OFFICE.] 79.6 Subdivision 1. [STUDY.] The commissioner of administration 79.7 shall study the feasibility and potential advantages of 79.8 establishing a state travel office in the executive branch to 79.9 manage and oversee arrangements for air and surface travel by 79.10 state employees and officials. In conducting the study, the 79.11 commissioner shall consider travel procedures currently used by 79.12 the state in comparison with those used by the federal 79.13 government, other states, and private businesses. 79.14 Subd. 2. [ISSUES.] The study required by subdivision 1 79.15 must address, at a minimum: 79.16 (1) the relative merits of central versus decentralized 79.17 management and oversight of travel; 79.18 (2) current procedures used by the legislative, judicial, 79.19 and executive branches of the state as well as the Minnesota 79.20 state colleges and universities and the University of Minnesota; 79.21 (3) statutory and other authority necessary to manage and 79.22 oversee state travel; 79.23 (4) the relative merits of state operation of travel 79.24 services versus the provision of travel services by travel 79.25 agencies under contract; 79.26 (5) the use of one travel agency versus several preferred 79.27 agencies; 79.28 (6) the criteria used in selecting the preferred agencies; 79.29 (7) managing frequent-flier miles versus other options; and 79.30 (8) the use of Internet-based travel authorization and 79.31 booking versus traditional methods. 79.32 Subd. 3. [REPORT.] The commissioner shall report to the 79.33 legislature on the conclusions of the study by January 15, 79.34 2000. The report must include recommendations for any 79.35 legislation that might be necessary to implement the report's 79.36 conclusions. 80.1 Sec. 110. [BUDGET PRINCIPLES; BUDGET REVIEW.] 80.2 Subdivision 1. [PRINCIPLES.] The legislative commission on 80.3 planning and fiscal policy shall establish principles and 80.4 standards related to budgeting that simplify the process, 80.5 minimize the number of state funds and special accounts, and are 80.6 consistent with generally accepted accounting principles. The 80.7 principles must define when it is appropriate to create special 80.8 or dedicated funds and accounts, when it is appropriate to 80.9 create open appropriations from the general fund and open 80.10 appropriations of dedicated receipts, and the appropriate level 80.11 of budgetary reserves. 80.12 Subd. 2. [REVIEW OF PAST BUDGET ACTIONS.] With the 80.13 assistance of the commissioner of finance and staff of the house 80.14 and senate, the commission shall: 80.15 (1) review the biennial budget instructions issued by the 80.16 commissioner of finance for the 2000-2001 biennial budget, 80.17 specifically instructions on how to establish the budget base, 80.18 the inflation factors used, how to calculate caseload 80.19 adjustments, and related program requirements; 80.20 (2) review all statutory open and standing appropriations 80.21 and identify any that are inconsistent with the commission's 80.22 principles; 80.23 (3) review all reserve accounts and the level of reserves 80.24 and identify any that are inconsistent with the commission's 80.25 principles; and 80.26 (4) review other related issues as deemed appropriate by 80.27 the commission. 80.28 Subd. 3. [PROCESS TO REVIEW FUTURE BUDGET ACTIONS.] The 80.29 commission, in consultation with the commissioner of finance, 80.30 shall develop and recommend to the legislature a process whereby 80.31 a bill that affects the budget may be reviewed to determine 80.32 whether the appropriations and accounts it creates are 80.33 consistent with the principles adopted by the commission. The 80.34 commission shall consider how this review should be coordinated 80.35 or integrated with the process for creating fiscal notes and 80.36 whether the review should be done by staff of the executive 81.1 branch or by staff of the legislative branch. 81.2 Subd. 4. [REPORT.] The commission shall report the 81.3 principles and standards it has established, the results of its 81.4 review of past budget actions, and its recommended process for 81.5 reviewing future budget actions to the legislature and the 81.6 governor by December 1, 1999. 81.7 Sec. 111. [LOAN REPAYMENT.] 81.8 The loan made by the Minneapolis community development 81.9 agency to the Minneapolis park and recreation board in 1986 to 81.10 acquire property for the central riverfront regional park must 81.11 not be repaid by any funds from the state of Minnesota or funds 81.12 of political subdivisions of the state, including the 81.13 metropolitan council. 81.14 Sec. 112. [EMPLOYEE ASSISTANCE PROGRAM; TRANSFER.] 81.15 Responsibility for the state employee assistance program 81.16 under Minnesota Statutes, section 16B.39, subdivision 2, is 81.17 transferred from the commissioner of administration to the 81.18 commissioner of employee relations under Minnesota Statutes, 81.19 section 15.039. 81.20 Sec. 113. [OFFICE OF TECHNOLOGY; TRANSFER.] 81.21 In accordance with Minnesota Statutes, sections 15.039 and 81.22 43A.045, the responsibilities of the executive director of the 81.23 office of technology under Minnesota Statutes, chapter 16E, and 81.24 otherwise, are transferred to the commissioner of administration. 81.25 Sec. 114. [INSTRUCTION TO REVISOR.] 81.26 (a) The revisor of statutes shall renumber Minnesota 81.27 Statutes, section 256.482, subdivision 5a, as Minnesota 81.28 Statutes, section 16B.055, subdivision 2, and renumber the 81.29 existing text of Minnesota Statutes, section 16B.055, as 81.30 subdivision 1. 81.31 (b) In the next edition of Minnesota Statutes, the revisor 81.32 of statutes shall change the term "executive director of the 81.33 office of technology" to "commissioner of administration" and 81.34 the term "executive director," wherever it refers to the 81.35 executive director of the office of technology, to 81.36 "commissioner." 82.1 (c) The revisor of statutes shall renumber Minnesota 82.2 Statutes, section 16B.39, subdivision 2, in chapter 43A. 82.3 Sec. 115. [REPEALER.] 82.4 (a) Minnesota Rules, part 8275.0045, subpart 2, is repealed. 82.5 (b) Minnesota Statutes 1998, sections 15.90; 15.91; 15.92; 82.6 16A.103, subdivision 3; 16E.11; 16E.12; and 16E.13, are repealed. 82.7 (c) Laws 1991, chapter 235, article 5, section 3, as 82.8 amended by Laws 1995, chapter 254, article 1, section 91, is 82.9 repealed. 82.10 (d) Minnesota Statutes 1998, section 16A.1285, subdivisions 82.11 4 and 5, are repealed. 82.12 (e) Minnesota Statutes 1998, sections 207A.01; 207A.02; 82.13 207A.03; 207A.04; 207A.06; 207A.07; 207A.08; 207A.09; and 82.14 207A.10, are repealed. 82.15 (f) S.F. No. 2223 of the 1999 regular session, if enacted, 82.16 is repealed. 82.17 (g) Minnesota Statutes 1998, sections 4A.08; 4A.09; and 82.18 4A.10, are repealed. 82.19 Sec. 116. [EFFECTIVE DATE.] 82.20 (a) Section 41 is effective January 1, 2001. Section 43 is 82.21 effective July 1, 2000, with respect to preparation of the model 82.22 policies and procedures by the commissioner of administration, 82.23 and January 1, 2001, with respect to the other provisions of 82.24 section 43. 82.25 (b) Sections 62 to 64 and 93 are effective January 1, 2001. 82.26 (c) Sections 94 to 100 are effective the day following 82.27 final enactment. 82.28 (d) Sections 47, 49, 55, and 115, paragraphs (d) and (g), 82.29 are effective July 1, 2001. 82.30 (e) Section 61 is effective the day following final 82.31 enactment and applies only to contracts executed on or after 82.32 that date. 82.33 (f) The commissioner of employee relations may not 82.34 implement the long-term care insurance plan under section 78 82.35 until April 1, 2000. 82.36 ARTICLE 2 83.1 YEAR 2000 83.2 Section 1. Minnesota Statutes 1998, section 12.31, 83.3 subdivision 2, is amended to read: 83.4 Subd. 2. [DECLARATION OF PEACETIME EMERGENCY.] The 83.5 governor may declare a peacetime emergency. A peacetime 83.6 declaration of emergency may be declared only when an act of 83.7 nature, a technological failure or malfunction, a terrorist 83.8 incident, an industrial accident, a hazardous materials 83.9 accident, or a civil disturbance endangers life and property and 83.10 local government resources are inadequate to handle the 83.11 situation. It must not be continued for more than five days 83.12 unless extended by resolution of the executive council up to 30 83.13 days. An order, or proclamation declaring, continuing, or 83.14 terminating an emergency must be given prompt and general 83.15 publicity and filed with the secretary of state. 83.16 Sec. 2. Minnesota Statutes 1998, section 12.37, is amended 83.17 to read: 83.18 12.37 [POLITICAL SUBDIVISIONS, AUTHORITY TO ENTER INTO 83.19 CONTRACTS.] 83.20 During an emergency or disaster, each political 83.21 subdivision, notwithstanding any statutory or charter provision 83.22 to the contrary, and through its governing body acting within or 83.23 without the corporate limits of the political subdivision, may: 83.24 (1) enter into contracts and incur obligations necessary to 83.25 combat the disaster by protecting the health and safety of 83.26 persons and property and by providing emergency assistance to 83.27 the victims of the disaster; and 83.28 (2) exercise the powers vested by this subdivision in the 83.29 light of the exigencies of the disaster without compliance with 83.30 time-consuming procedures and formalities prescribed by law 83.31 pertaining to: 83.32 (i) the performance of public work; 83.33 (ii) entering into contracts; 83.34 (iii) incurring of obligations; 83.35 (iv) employment of temporary workers; 83.36 (v) rental of equipment; 84.1 (vi) purchase of supplies and materials; 84.2 (vii) limitations upon tax levies; and 84.3 (viii) the appropriation and expenditure of public funds, 84.4 for example, but not limited to, publication of ordinances and 84.5 resolutions, publication of calls for bids, provisions of civil 84.6 service laws and rules, provisions relating to low bids, and 84.7 requirements for budgets. 84.8 The failure or malfunction of public infrastructure or 84.9 systems critical to the delivery of municipal services due to 84.10 year 2000 problems with computers and electronically controlled 84.11 devices shall constitute an emergency for the purposes of this 84.12 section. 84.13 Sec. 3. [604B.01] [YEAR 2000 ACTIVITIES; IMMUNITY.] 84.14 Subdivision 1. [DEFINITIONS.] For the purpose of this 84.15 section, the terms defined in this section have the meanings 84.16 given them. 84.17 Subd. 2. [ASSOCIATION.] "Association" means a trade, 84.18 professional, governmental, or similar organization the members 84.19 of which are individuals, enterprises, or governmental units 84.20 engaged in similar lines of business, services, or activity. 84.21 Subd. 3. [STATE AGENCY.] "State agency" means the 84.22 University of Minnesota, Minnesota state colleges and 84.23 universities, and the departments, boards, agencies, and 84.24 commissions in the executive, judicial, and legislative branches. 84.25 Subd. 4. [YEAR 2000 SOLUTION INFORMATION.] "Year 2000 84.26 solution information" means information related to solutions 84.27 that address the inability of computer systems, software, or 84.28 electronically controlled devices to recognize certain dates in 84.29 1999 and after December 31, 1999. That inability may cause 84.30 disruptions in electronic communications or the functioning of 84.31 electronically controlled equipment resulting or reasonably 84.32 anticipated to result from erroneous data that is or may be 84.33 supplied by electronic devices. 84.34 Subd. 5. [ASSOCIATION AND RELATED IMMUNITY.] No cause of 84.35 action may be maintained against an association for damages or 84.36 harm resulting from the collection of year 2000 solution 85.1 information or the publication of that information or against 85.2 any person or entity for providing year 2000 solution 85.3 information to the association. 85.4 Subd. 6. [STATE AGENCY IMMUNITY.] No cause of action may 85.5 be maintained against a state agency for damages or harm 85.6 resulting from the collection of year 2000 solution information 85.7 or the publication of that information. 85.8 Subd. 7. [GOVERNMENTAL UNIT IMMUNITY.] No cause of action 85.9 may be maintained against a governmental unit as defined in 85.10 section 462.384, subdivision 2, including governmental units 85.11 acting jointly under section 471.59, for damages or harm 85.12 resulting from the collection, publication, or dissemination of 85.13 year 2000 solution information to other governmental units or to 85.14 the metropolitan council or agencies. 85.15 Subd. 8. [EXCEPTION.] Subdivisions 5 to 7 do not apply if 85.16 the party against whom the claim is brought knew in fact that 85.17 the year 2000 solution information provided was materially false. 85.18 Subd. 9. [NO IMPLIED CAUSE OF ACTION CREATED.] No 85.19 liability on the part of any person or any public or private 85.20 entity is implied or created by this section by the absence of a 85.21 grant of immunity under this section. 85.22 Sec. 4. [EMERGENCIES.] 85.23 (a) The governor may declare an emergency under this 85.24 section for purposes of Minnesota Statutes, sections 12.31, 85.25 12.36, and 12.37. The governor may declare an emergency under 85.26 authority of this section only to the extent that actual or 85.27 potential failure of computers or electronically controlled 85.28 devices creates an actual or imminent serious threat to the 85.29 health or safety of persons or an actual or imminent threat of 85.30 catastrophic loss to property or the environment. 85.31 (b) A declaration for purposes of Minnesota Statutes, 85.32 section 12.31, must be made according to procedures in that 85.33 section. 85.34 (c) The governor may declare an emergency under this 85.35 section for purposes of Minnesota Statutes, section 12.36 or 85.36 12.37, without declaring a peacetime emergency under Minnesota 86.1 Statutes, section 12.31. A declaration for purposes of 86.2 Minnesota Statutes, section 12.36 or 12.37, may specify that it 86.3 applies to all or certain units of state or local government, 86.4 must specify the time period for which it applies, and must be 86.5 filed with the secretary of state. 86.6 (d) This section is in addition to and does not limit 86.7 authority granted to the governor or local government officials 86.8 by Minnesota Statutes, chapter 12, or other law. 86.9 (e) After April 1, 2000, the governor may not use this 86.10 section as authority to declare an emergency. 86.11 (f) If an emergency is declared under authority of this 86.12 section, a unit of state or local government may omit compliance 86.13 with the procedures and law listed in Minnesota Statutes, 86.14 sections 12.36, paragraph (a), clause (2), and 12.37, clause 86.15 (2), only to the extent necessary to protect health and safety 86.16 of persons or avoid catastrophic loss to property or the 86.17 environment. A unit of state or local government must report to 86.18 the year 2000 project office in the department of administration 86.19 on omitting compliance with procedures and laws. The report 86.20 must be filed within 30 days of the action that did not comply 86.21 with the customary laws. 86.22 Sec. 5. [YEAR 2000 PROBLEM REPORTS.] 86.23 All electric utilities, as defined in Minnesota Statutes, 86.24 section 216B.38, subdivision 5, and telephone companies, as 86.25 defined in Minnesota Statutes, section 237.01, subdivisions 2 86.26 and 3, must file status reports on year 2000 problems with the 86.27 public utilities commission and the department of public 86.28 service, with a copy to the division of emergency management of 86.29 the department of public safety, on July 1 and October 1, 1999. 86.30 The status report must include a statement of the percentage of 86.31 the assessment phase that has been completed to date, the 86.32 percentage of the remediation phase that has been completed to 86.33 date, and the percentage of the testing of corrective actions 86.34 phase that has been completed to date. The foregoing questions, 86.35 along with others deemed appropriate, must be included in a Y2K 86.36 status report form that must be provided by the department of 87.1 public safety, division of emergency management. If a report 87.2 indicates that all year 2000 problems have been remediated, an 87.3 entity need not file a subsequent report unless there has been a 87.4 change. 87.5 Sec. 6. [YEAR 2000 PROBLEM EXEMPTION FROM UNIFORM 87.6 MUNICIPAL CONTRACTING LAW.] 87.7 Subdivision 1. [MUNICIPAL CONTRACTS.] Minnesota Statutes, 87.8 section 471.345, does not apply to the purchase or rental of 87.9 supplies, materials, and equipment nor to the construction, 87.10 alteration, repair, and maintenance of real or personal property 87.11 if the governing body of a municipality determines that there is 87.12 an urgency due to the actual or potential failure or malfunction 87.13 of public infrastructure or systems critical to the delivery of 87.14 municipal services due to year 2000 problems with computers and 87.15 electronically controlled devices. 87.16 Subd. 2. [SPECIAL PROCEDURE.] A contract exempted from 87.17 Minnesota Statutes, section 471.345, by subdivision 1 may, at 87.18 the discretion of the municipality, be made by direct 87.19 negotiation by obtaining two or more quotations or in the open 87.20 market. All quotations shall be kept on file for a period of at 87.21 least one year after receipt. 87.22 Subd. 3. [APPLICABILITY OF OTHER LAWS.] This section 87.23 supersedes any inconsistent law. 87.24 Subd. 4. [REPORTS.] A municipality must report to the year 87.25 2000 project office in the department of administration on each 87.26 instance in which it omitted compliance with the uniform 87.27 municipal contracting law under authority of this section. 87.28 Subd. 5. [EXPIRATION.] This section applies only to a 87.29 contract entered into or goods or services purchased before 87.30 April 1, 2000. 87.31 Sec. 7. [YEAR 2000 PROBLEM; LOCAL GOVERNMENT DEBT.] 87.32 Subdivision 1. [SCOPE.] For the purpose of this section, 87.33 the terms defined in subdivisions 2 to 4 have the meanings given 87.34 them. 87.35 Subd. 2. [YEAR 2000 PROBLEM.] "Year 2000 problem" means 87.36 disruptions in electronic communications or the functioning of 88.1 electronically controlled equipment resulting or reasonably 88.2 anticipated to result from erroneous data that is or may be 88.3 supplied by electronic devices in 1999 or on or after January 1, 88.4 2000. 88.5 Subd. 3. [POLITICAL SUBDIVISION.] "Political subdivision" 88.6 means a home rule charter city, a statutory city, a school 88.7 district, a county, a town, the metropolitan council, or any 88.8 local governmental entity authorized by general or special law 88.9 or charter to own and operate electronically controlled 88.10 equipment. 88.11 Subd. 4. [YEAR 2000 PROBLEM REMEDIATION COST.] "Year 2000 88.12 problem remediation cost" means a cost or expense of any nature 88.13 incurred by a political subdivision in planning for and taking 88.14 remedial or preventive action to prepare for or correct the year 88.15 2000 problem. 88.16 Subd. 5. [AUTHORITY.] Any law or charter provision 88.17 authorizing a political subdivision to borrow money and incur 88.18 debt is deemed to include the authority to borrow money and 88.19 incur that debt for year 2000 problem remediation. 88.20 Debt incurred for year 2000 problem remediation is not 88.21 subject to debt limits and notwithstanding any contrary 88.22 provision of law or charter provision, need not be approved by 88.23 the voters of a political subdivision. A political subdivision 88.24 not otherwise authorized to borrow money and incur debt may, 88.25 with approval of the appropriate governmental subdivision with 88.26 taxing authority, incur debt for year 2000 problem remediation 88.27 in the same manner and subject to the same limitations as 88.28 statutory cities. A debt may not be incurred until the year 88.29 2000 project office in the department of administration 88.30 certifies to the commissioner of revenue that the proposed use 88.31 of the debt is related only to remediation of a year 2000 88.32 problem. 88.33 Subd. 6. [SUNSET.] The authority to incur debt under this 88.34 section expires December 31, 2000, provided that debt incurred 88.35 under this section need not be repaid until December 31, 2005. 88.36 Subd. 7. [INTERPRETATION.] This section is to be construed 89.1 liberally to achieve its purpose. 89.2 Sec. 8. [DEPARTMENT OF HEALTH; YEAR 2000 ACTIVITY.] 89.3 Subdivision 1. [DEPARTMENT OF HEALTH SURVEY.] The 89.4 department of health must, by July 30, 1999, survey all 89.5 hospitals, nursing homes, nontransient noncommunity water 89.6 systems operated by a public entity, and community water supply 89.7 systems for year 2000 problems and solutions related to their 89.8 operations. The department, upon request, must disseminate 89.9 information about those year 2000 problems and proposed 89.10 solutions to hospitals, nursing homes, and water supply system 89.11 operators in a prompt and reasonable manner. 89.12 Subd. 2. [STATUS REPORTS.] All hospitals, nursing homes, 89.13 nontransient noncommunity water systems operated by a public 89.14 entity, and community water supply systems must file status 89.15 reports on year 2000 problems with the department of health, 89.16 with a copy to the division of emergency management of the 89.17 department of public safety, on July 1 and October 1, 1999. The 89.18 status report must include a statement of the percentage of the 89.19 assessment phase that has been completed to date, the percentage 89.20 of the remediation phase that has been completed to date, and 89.21 the percentage of the testing of corrective actions phase that 89.22 has been completed to date. The foregoing questions, along with 89.23 others deemed appropriate, must be included in a Y2K status 89.24 report form that must be provided by the department of public 89.25 safety, division of emergency management. If there has been no 89.26 change since the previous report, the report may indicate only 89.27 that no change has occurred. 89.28 Sec. 9. [DEPARTMENT OF HUMAN SERVICES; YEAR 2000 89.29 ACTIVITY.] 89.30 If year 2000 computer problems create a failure or 89.31 malfunction in the infrastructure or systems used by the 89.32 department of human services for payment to health care 89.33 providers under state government programs or counties, the 89.34 commissioner of human services shall continue to pay all health 89.35 care providers paid under state government programs or counties 89.36 by manual warrant or other measures within the statutorily 90.1 required time period. 90.2 Sec. 10. [STATUS REPORTS.] 90.3 (a) The recipients of the status reports required by 90.4 sections 5 and 8, subdivision 2, including the division of 90.5 emergency management, shall consult with those required to file 90.6 those reports concerning the form of the report. 90.7 (b) All reports provided under sections 5 and 8 shall be 90.8 considered Year 2000 Readiness Disclosures. 90.9 Sec. 11. [USE OF STATUS REPORTS AS EVIDENCE PROHIBITED.] 90.10 The status reports required by sections 5 and 8, 90.11 subdivision 2, may not be used as evidence in any action seeking 90.12 damages or other relief because of a year 2000 problem. 90.13 Sec. 12. [YEAR 2000 LOAN FUND.] 90.14 (a) $20,000,000 is appropriated from the general fund in 90.15 fiscal year 2000 to the commissioner of finance to capitalize a 90.16 fund, to be used to make loans to school districts; counties; 90.17 joint powers boards; home rule charter and statutory cities; and 90.18 towns to meet the costs they incur in addressing year 2000 90.19 problems. 90.20 (b) A loan may not be made until the year 2000 project 90.21 office of the department of administration certifies to the 90.22 commissioner of finance that: 90.23 (1) the proposed use of the loan is related only to 90.24 remediation of a year 2000 problem; 90.25 (2) the unit of local government has insufficient resources 90.26 available to address year 2000 problems; and 90.27 (3) the loan would be used to remediate problems that are 90.28 likely to affect public health and safety or cause catastrophic 90.29 loss to property or the environment. 90.30 (c) The local units of government that received the loans 90.31 must repay them by June 30, 2001. Interest is payable on the 90.32 loan at the rate earned by the state on invested treasurer's 90.33 cash, as determined monthly by the commissioner of finance. 90.34 Repayments must be deposited in the general fund. 90.35 (d) A unit of local government receiving a loan under this 90.36 section must report to the year 2000 project office in the 91.1 department of administration within 60 days of receiving the 91.2 loan. The report must state how the loan was used in accordance 91.3 with the criteria of paragraph (b). 91.4 (e) This appropriation cancels April 1, 2000. 91.5 Any canceled money must be deposited in the general fund. 91.6 Sec. 13. [COMMISSIONER REVIEW.] 91.7 The commissioner of administration, through staff of the 91.8 Y2K project office, is responsible for reviewing use of 91.9 emergency authority and emergency funds under this act and shall 91.10 review reports from state agencies and political subdivisions 91.11 under sections 4, 5, 6, and 12. If the commissioner determines 91.12 that funds obtained under section 12 were not used in a manner 91.13 consistent with the requirements of section 12, paragraph (b), 91.14 the political subdivision must pay interest on the loan at the 91.15 rate of 12 percent, compounded annually from the time the loan 91.16 was received. 91.17 Sec. 14. [EFFECTIVE DATE.] 91.18 Section 3 is effective the day following final enactment 91.19 and does not affect or apply to any lawsuit pending on the 91.20 effective date. Sections 1, 2, and 4 to 13 are effective the 91.21 day following final enactment. 91.22 ARTICLE 3 91.23 CONFORMING CHANGES 91.24 Section 1. Minnesota Statutes 1998, section 14.131, is 91.25 amended to read: 91.26 14.131 [STATEMENT OF NEED AND REASONABLENESS.] 91.27 Before the agency orders the publication of a rulemaking 91.28 notice required by section 14.14, subdivision 1a, the agency 91.29 must prepare, review, and make available for public review a 91.30 statement of the need for and reasonableness of the rule. The 91.31 statement of need and reasonableness must be prepared under 91.32 rules adopted by the chief administrative law judge and must 91.33 include the following to the extent the agency, through 91.34 reasonable effort, can ascertain this information: 91.35 (1) a description of the classes of persons who probably 91.36 will be affected by the proposed rule, including classes that 92.1 will bear the costs of the proposed rule and classes that will 92.2 benefit from the proposed rule; 92.3 (2) the probable costs to the agency and to any other 92.4 agency of the implementation and enforcement of the proposed 92.5 rule and any anticipated effect on state revenues; 92.6 (3) a determination of whether there are less costly 92.7 methods or less intrusive methods for achieving the purpose of 92.8 the proposed rule; 92.9 (4) a description of any alternative methods for achieving 92.10 the purpose of the proposed rule that were seriously considered 92.11 by the agency and the reasons why they were rejected in favor of 92.12 the proposed rule; 92.13 (5) the probable costs of complying with the proposed rule; 92.14 and 92.15 (6) an assessment of any differences between the proposed 92.16 rule and existing federal regulations and a specific analysis of 92.17 the need for and reasonableness of each difference. 92.18 For rules setting, adjusting, or establishing regulatory,92.19 licensure, or other charges for goods and services, the92.20 statement of need and reasonableness must include the comments92.21 and recommendations of the commissioner of finance and must92.22 address any fiscal and policy concerns raised during the review92.23 process, as required by section 16A.1285.92.24 The statement must describe how the agency, in developing 92.25 the rules, considered and implemented the legislative policy 92.26 supporting performance-based regulatory systems set forth in 92.27 section 14.002. 92.28 The statement must also describe the agency's efforts to 92.29 provide additional notification to persons or classes of persons 92.30 who may be affected by the proposed rule or must explain why 92.31 these efforts were not made. 92.32 The agency must send a copy of the statement of need and 92.33 reasonableness to the legislative reference library when it 92.34 becomes available for public review. 92.35 Sec. 2. Minnesota Statutes 1998, section 14.23, is amended 92.36 to read: 93.1 14.23 [STATEMENT OF NEED AND REASONABLENESS.] 93.2 Before the date of the section 14.22 notice, the agency 93.3 shall prepare a statement of need and reasonableness, which must 93.4 be available to the public. The statement of need and 93.5 reasonableness must include the analysis required in section 93.6 14.131 and the comments and recommendations of the commissioner93.7 of finance, and must address any fiscal and policy concerns93.8 raised during the review process, as required by section93.9 16A.1285. The statement must also describe the agency's efforts 93.10 to provide additional notification to persons or classes of 93.11 persons who may be affected by the proposed rules or must 93.12 explain why these efforts were not made. For at least 30 days 93.13 following the notice, the agency shall afford the public an 93.14 opportunity to request a public hearing and to submit data and 93.15 views on the proposed rule in writing. 93.16 The agency shall send a copy of the statement of need and 93.17 reasonableness to the legislative reference library when it 93.18 becomes available to the public. 93.19 Sec. 3. Minnesota Statutes 1998, section 16B.748, is 93.20 amended to read: 93.21 16B.748 [RULES.] 93.22 The commissioner may adopt rules for the following purposes: 93.23 (1) to set a fee under section 16A.1285 for processing a93.24 construction or installation permit or elevator contractor93.25 license application;93.26 (2) to set a fee under section 16A.1285 to cover the cost93.27 of elevator inspections;93.28 (3)to establish minimum qualifications for elevator 93.29 inspectors that must include possession of a current elevator 93.30 constructor electrician's license issued by the state board of 93.31 electricity and proof of successful completion of the national 93.32 elevator industry education program examination or equivalent 93.33 experience; 93.34 (4)(2) to establish criteria for the qualifications of 93.35 elevator contractors; 93.36 (5)(3) to establish elevator standards under sections 94.1 16B.61, subdivisions 1 and 2, and 16B.64; 94.2 (6)(4) to establish procedures for appeals of decisions of 94.3 the commissioner under chapter 14 and procedures allowing the 94.4 commissioner, before issuing a decision, to seek advice from the 94.5 elevator trade, building owners or managers, and others 94.6 knowledgeable in the installation, construction, and repair of 94.7 elevators; and 94.8 (7)(5) to establish requirements for the registration of 94.9 all elevators. 94.10 Sec. 4. Minnesota Statutes 1998, section 18.54, is amended 94.11 to read: 94.12 18.54 [LOCAL SALES AND MISCELLANEOUS.] 94.13 Subdivision 1. [SERVICES AND FEES.] The commissioner may 94.14 make small lot inspections or perform other necessary services 94.15 for which another charge is not specified. For these services 94.16 the commissioner shall set a fee plus expenses that will recover 94.17 the cost of performing this service , as provided in section94.18 16A.1285. The commissioner may set an additional acreage fee 94.19 for inspection of seed production fields for exporters in order 94.20 to meet domestic and foreign plant quarantine requirements. 94.21 Subd. 2. [VIRUS DISEASE-FREE CERTIFICATION.] The 94.22 commissioner shall have the authority to provide special 94.23 services such as virus disease-free certification and other 94.24 similar programs. Participation by nursery stock growers shall 94.25 be voluntary. Plants offered for sale as certified virus-free 94.26 must be grown according to certain procedures in a manner 94.27 defined by the commissioner for the purpose of eliminating 94.28 viruses and other injurious disease or insect pests. The 94.29 commissioner shall collect reasonable fees from participating 94.30 nursery stock growers for services and materials that are 94.31 necessary to conduct this type of work , as provided in section94.32 16A.1285. 94.33 Sec. 5. Minnesota Statutes 1998, section 21.92, is amended 94.34 to read: 94.35 21.92 [SEED INSPECTION FUND.] 94.36 There is established in the state treasury an account known 95.1 as the seed inspection fund. Fees and penalties collected by 95.2 the commissioner under sections 21.80 to 21.92 and interest 95.3 attributable to money in the account shall be deposited into 95.4 this account. The rates at which the fees are charged may be95.5 adjusted pursuant to section 16A.1285.95.6 Sec. 6. Minnesota Statutes 1998, section 60A.964, 95.7 subdivision 1, is amended to read: 95.8 Subdivision 1. [AMOUNT.] The licensing fee for a viatical 95.9 settlement provider license is $750 for initial licensure and 95.10 $250 for each annual renewal. The commissioner may adjust the95.11 fees as provided under section 16A.1285 to recover the costs of95.12 administration and enforcement.The fees must be limited to the 95.13 cost of license administration and enforcement and must be 95.14 deposited in the state treasury, credited to a special account, 95.15 and appropriated to the commissioner. 95.16 Sec. 7. Minnesota Statutes 1998, section 60A.972, 95.17 subdivision 3, is amended to read: 95.18 Subd. 3. [FEES.] The licensing fee for a viatical 95.19 settlement broker is $750 for initial licensure and $250 for 95.20 each annual renewal. Failure to pay the renewal fee within the 95.21 time required by the commissioner results in an automatic 95.22 revocation of the license. The commissioner may adjust the fees95.23 as provided under section 16A.1285 to recover the costs of95.24 administration and enforcement.The fees must be limited to the 95.25 cost of license administration and enforcement and must be 95.26 deposited in the state treasury, credited to a special account, 95.27 and appropriated to the commissioner. 95.28 Sec. 8. Minnesota Statutes 1998, section 97B.025, is 95.29 amended to read: 95.30 97B.025 [ADVANCED HUNTER EDUCATION.] 95.31 The commissioner may establish advanced education courses 95.32 for hunters and trappers. The commissioner, with the approval 95.33 of the commissioner of finance, may impose a fee not to exceed 95.34 $10 for each person attending an advanced education course. The95.35 commissioner shall establish the fee under section 16A.1285.95.36 Sec. 9. Minnesota Statutes 1998, section 103G.301, 96.1 subdivision 2, is amended to read: 96.2 Subd. 2. [PERMIT APPLICATION FEES.] (a)An application for 96.3 a permit authorized under this chapter, and each request to 96.4 amend or transfer an existing permit, must be accompanied by a 96.5 permit application fee to defray the costs of receiving, 96.6 recording, and processing the application or request to amend or 96.7 transfer. 96.8 (b) The application fee for a permit to appropriate water,96.9 a permit to construct or repair a dam that is subject to dam96.10 safety inspection, a state general permit, or to apply for the96.11 state water bank program is $75. The application fee for a96.12 permit to work in public waters or to divert waters for mining96.13 must be at least $75, but not more than $500, in accordance with96.14 a schedule of fees adopted under section 16A.1285.96.15 Sec. 10. Minnesota Statutes 1998, section 103I.525, 96.16 subdivision 9, is amended to read: 96.17 Subd. 9. [INCOMPLETE OR LATE RENEWAL.] If a licensee fails 96.18 to submit all information required for renewal in subdivision 8 96.19 or submits the application and information after the required 96.20 renewal date: 96.21 (1) the licensee must include an additional late fee set by 96.22 the commissioner under section 16A.1285; and 96.23 (2) the licensee may not conduct activities authorized by 96.24 the well contractor's license until the renewal application, 96.25 renewal application fee, late fee, and all other information 96.26 required in subdivision 8 are submitted. 96.27 Sec. 11. Minnesota Statutes 1998, section 103I.531, 96.28 subdivision 9, is amended to read: 96.29 Subd. 9. [INCOMPLETE OR LATE RENEWAL.] If a licensee fails 96.30 to submit all information required for renewal in subdivision 8 96.31 or submits the application and information after the required 96.32 renewal date: 96.33 (1) the licensee must include an additional late fee set by 96.34 the commissioner under section 16A.1285; and 96.35 (2) the licensee may not conduct activities authorized by 96.36 the limited well contractor's license until the renewal 97.1 application, renewal application fee, and late fee, and all 97.2 other information required in subdivision 8 are submitted. 97.3 Sec. 12. Minnesota Statutes 1998, section 103I.535, 97.4 subdivision 9, is amended to read: 97.5 Subd. 9. [INCOMPLETE OR LATE RENEWAL.] If a licensee fails 97.6 to submit all information required for renewal in subdivision 8 97.7 or submits the application and information after the required 97.8 renewal date: 97.9 (1) the licensee must include an additional late fee set by 97.10 the commissioner under section 16A.1285; and 97.11 (2) the licensee may not conduct activities authorized by 97.12 the elevator shaft contractor's license until the renewal 97.13 application, renewal application fee, and late fee, and all 97.14 other information required in subdivision 8 are submitted. 97.15 Sec. 13. Minnesota Statutes 1998, section 103I.541, 97.16 subdivision 5, is amended to read: 97.17 Subd. 5. [INCOMPLETE OR LATE RENEWAL.] If a registered 97.18 person submits a renewal application after the required renewal 97.19 date: 97.20 (1) the registered person must include an additional late 97.21 fee set by the commissioner under section 16A.1285; and 97.22 (2) the registered person may not conduct activities 97.23 authorized by the monitoring well contractor's registration 97.24 until the renewal application, renewal application fee, late 97.25 fee, and all other information required in subdivision 4 are 97.26 submitted. 97.27 Sec. 14. Minnesota Statutes 1998, section 115B.49, 97.28 subdivision 2, is amended to read: 97.29 Subd. 2. [REVENUE SOURCES.] Revenue from the following 97.30 sources must be deposited in the state treasury and credited to 97.31 the account: 97.32 (1) the proceeds of the fees imposed by subdivision 4; 97.33 (2) interest attributable to investment of money in the 97.34 account; 97.35 (3) penalties and interest collected under subdivision 4, 97.36 paragraph (d)(c); and 98.1 (4) money received by the commissioner for deposit in the 98.2 account in the form of gifts, grants, and appropriations. 98.3 Sec. 15. Minnesota Statutes 1998, section 115B.49, 98.4 subdivision 4, is amended to read: 98.5 Subd. 4. [REGISTRATION; FEES.] (a) The owner or operator 98.6 of a drycleaning facility shall register on or before July 1 of 98.7 each year with the commissioner of revenue in a manner 98.8 prescribed by the commissioner of revenue and pay a registration 98.9 fee for the facility. The amount of the fee is: 98.10 (1) $500, for facilities with a full-time equivalence of 98.11 fewer than five; 98.12 (2) $1,000, for facilities with a full-time equivalence of 98.13 five to ten; and 98.14 (3) $1,500, for facilities with a full-time equivalence of 98.15 more than ten. 98.16 (b) A person who sells drycleaning solvents for use by 98.17 drycleaning facilities in the state shall collect and remit to 98.18 the commissioner of revenue in a manner prescribed by the 98.19 commissioner of revenue, on or before the 20th day of the month 98.20 following the month in which the sales of drycleaning solvents 98.21 are made, a fee of: 98.22 (1) $3.50 for each gallon of perchloroethylene sold for use 98.23 by drycleaning facilities in the state; and 98.24 (2) 70 cents for each gallon of hydrocarbon-based 98.25 drycleaning solvent sold for use by drycleaning facilities in 98.26 the state. 98.27 (c) The commissioner shall, after a public hearing but98.28 notwithstanding section 16A.1285, subdivision 4, annually adjust98.29 the fees in this subdivision as necessary to maintain annual98.30 income of at least:98.31 (1) $600,000 beginning July 1, 1997;98.32 (2) $700,000 beginning July 1, 1998; and98.33 (3) $800,000 beginning July 1, 1999.98.34 Any adjustment under this paragraph must be prorated among all98.35 the fees in this subdivision. After adjustment under this98.36 paragraph, the fees in this subdivision must not be greater than99.1 two times their original amount. The commissioner shall notify99.2 the commissioner of revenue of an adjustment under this99.3 paragraph no later than March 1 of the year in which the99.4 adjustment is to become effective. The adjustment is effective99.5 for sales of drycleaning solvents made, and annual registration99.6 fees due, beginning on July 1 of the same year.99.7 (d)To enforce this subdivision, the commissioner of 99.8 revenue may examine documents, assess and collect fees, conduct 99.9 investigations, issue subpoenas, grant extensions to file 99.10 returns and pay fees, impose penalties and interest on the 99.11 annual registration fee under paragraph (a) and the monthly fee 99.12 under paragraph (b), abate penalties and interest, and 99.13 administer appeals, in the manner provided in chapters 270 and 99.14 289A. The penalties and interest imposed on taxes under chapter 99.15 297A apply to the fees imposed under this subdivision. 99.16 Disclosure of data collected by the commissioner of revenue 99.17 under this subdivision is governed by chapter 270B. 99.18 Sec. 16. Minnesota Statutes 1998, section 115B.491, 99.19 subdivision 2, is amended to read: 99.20 Subd. 2. [RETURN REQUIRED.] On or before the 20th of each 99.21 calendar month, every drycleaning facility that has purchased 99.22 drycleaning solvents for use in this state during the preceding 99.23 calendar month, upon which the fee imposed by section 115B.49, 99.24 subdivision 4, paragraph (b), has not been paid to the seller of 99.25 the drycleaning solvents, shall file a return with the 99.26 commissioner of revenue showing the quantity of solvents 99.27 purchased and a computation of the fee under section 115B.49, 99.28 subdivision 4, paragraph (d)(c). The fee must accompany the 99.29 return. The return must be made upon a form furnished and 99.30 prescribed by the commissioner of revenue and must contain such 99.31 other information as the commissioner of revenue may require. 99.32 Sec. 17. Minnesota Statutes 1998, section 115B.491, 99.33 subdivision 3, is amended to read: 99.34 Subd. 3. [APPLICABILITY.] All of the provisions of section 99.35 115B.49, subdivision 4, paragraph (d)(c), apply to this section. 99.36 Sec. 18. Minnesota Statutes 1998, section 116.07, 100.1 subdivision 4d, is amended to read: 100.2 Subd. 4d. [PERMIT FEES.] (a) The agency may collect permit 100.3 fees in amounts not greater than those necessary to cover the 100.4 reasonable costs of reviewing and acting upon applications for 100.5 agency permits and implementing and enforcing the conditions of 100.6 the permits pursuant to agency rules. Permit fees shall not 100.7 include the costs of litigation. The agency shall adopt rules100.8 under section 16A.1285 establishing a system for charging permit100.9 fees collected under this subdivision.The fee schedule must 100.10 reflect reasonable and routine permitting, implementation, and 100.11 enforcement costs. The agency may impose an additional 100.12 enforcement fee to be collected for a period of up to two years 100.13 to cover the reasonable costs of implementing and enforcing the 100.14 conditions of a permit under the rules of the agency. Any money 100.15 collected under this paragraph shall be deposited in the 100.16 environmental fund. 100.17 (b) Notwithstanding paragraph (a), and section 16A.1285, 100.18 subdivision 2, the agency shall collect an annual fee from the 100.19 owner or operator of all stationary sources, emission 100.20 facilities, emissions units, air contaminant treatment 100.21 facilities, treatment facilities, potential air contaminant 100.22 storage facilities, or storage facilities subject to the 100.23 requirement to obtain a permit under subchapter V of the federal 100.24 Clean Air Act, United States Code, title 42, section 7401 et 100.25 seq., or section 116.081. The annual fee shall be used to pay 100.26 for all direct and indirect reasonable costs, including attorney 100.27 general costs, required to develop and administer the permit 100.28 program requirements of subchapter V of the federal Clean Air 100.29 Act, United States Code, title 42, section 7401 et seq., and 100.30 sections of this chapter and the rules adopted under this 100.31 chapter related to air contamination and noise. Those costs 100.32 include the reasonable costs of reviewing and acting upon an 100.33 application for a permit; implementing and enforcing statutes, 100.34 rules, and the terms and conditions of a permit; emissions, 100.35 ambient, and deposition monitoring; preparing generally 100.36 applicable regulations; responding to federal guidance; 101.1 modeling, analyses, and demonstrations; preparing inventories 101.2 and tracking emissions; and providing information to the public 101.3 about these activities. 101.4 (c) The agency shall adopt fee rules in accordance with the101.5 procedures in section 16A.1285, subdivision 5,set fees that: 101.6 (1) will result in the collection, in the aggregate, from 101.7 the sources listed in paragraph (b), of an amount not less than 101.8 $25 per ton of each volatile organic compound; pollutant 101.9 regulated under United States Code, title 42, section 7411 or 101.10 7412 (section 111 or 112 of the federal Clean Air Act); and each 101.11 pollutant, except carbon monoxide, for which a national primary 101.12 ambient air quality standard has been promulgated; 101.13 (2) may result in the collection, in the aggregate, from 101.14 the sources listed in paragraph (b), of an amount not less than 101.15 $25 per ton of each pollutant not listed in clause (1) that is 101.16 regulated under this chapter or air quality rules adopted under 101.17 this chapter; and 101.18 (3) shall collect, in the aggregate, from the sources 101.19 listed in paragraph (b), the amount needed to match grant funds 101.20 received by the state under United States Code, title 42, 101.21 section 7405 (section 105 of the federal Clean Air Act). 101.22 The agency must not include in the calculation of the aggregate 101.23 amount to be collected under clauses (1) and (2) any amount in 101.24 excess of 4,000 tons per year of each air pollutant from a 101.25 source. The increase in air permit fees to match federal grant 101.26 funds shall be a surcharge on existing fees. The commissioner 101.27 may not collect the surcharge after the grant funds become 101.28 unavailable. In addition, the commissioner shall use nonfee 101.29 funds to the extent practical to match the grant funds so that 101.30 the fee surcharge is minimized. 101.31 (d) To cover the reasonable costs described in paragraph 101.32 (b), the agency shall provide in the rules promulgated under 101.33 paragraph (c) for an increase in the fee collected in each year 101.34 by the percentage, if any, by which the Consumer Price Index for 101.35 the most recent calendar year ending before the beginning of the 101.36 year the fee is collected exceeds the Consumer Price Index for 102.1 the calendar year 1989. For purposes of this paragraph the 102.2 Consumer Price Index for any calendar year is the average of the 102.3 Consumer Price Index for all-urban consumers published by the 102.4 United States Department of Labor, as of the close of the 102.5 12-month period ending on August 31 of each calendar year. The 102.6 revision of the Consumer Price Index that is most consistent 102.7 with the Consumer Price Index for calendar year 1989 shall be 102.8 used. 102.9 (e) Any money collected under paragraphs (b) to (d) must be 102.10 deposited in an air quality account in the environmental fund 102.11 and must be used solely for the activities listed in paragraph 102.12 (b). 102.13 (f) Persons who wish to construct or expand an air emission 102.14 facility may offer to reimburse the agency for the costs of 102.15 staff overtime or consultant services needed to expedite permit 102.16 review. The reimbursement shall be in addition to fees imposed 102.17 by paragraphs (a) to (d). When the agency determines that it 102.18 needs additional resources to review the permit application in 102.19 an expedited manner, and that expediting the review would not 102.20 disrupt air permitting program priorities, the agency may accept 102.21 the reimbursement. Reimbursements accepted by the agency are 102.22 appropriated to the agency for the purpose of reviewing the 102.23 permit application. Reimbursement by a permit applicant shall 102.24 precede and not be contingent upon issuance of a permit and 102.25 shall not affect the agency's decision on whether to issue or 102.26 deny a permit, what conditions are included in a permit, or the 102.27 application of state and federal statutes and rules governing 102.28 permit determinations. 102.29 Sec. 19. Minnesota Statutes 1998, section 116.12, is 102.30 amended to read: 102.31 116.12 [HAZARDOUS WASTE ADMINISTRATION FEES.] 102.32 Subdivision 1. [FEE SCHEDULES.] The agency shall establish 102.33 the fees provided in subdivisions 2 and 3 in the manner provided102.34 in section 16A.1285to cover expenditures of amounts 102.35 appropriated from the environmental fund to the agency for 102.36 permitting, monitoring, inspection, and enforcement expenses of 103.1 the hazardous waste activities of the agency. 103.2 Subd. 2. [HAZARDOUS WASTE GENERATOR FEE.] (a) Each 103.3 generator of hazardous waste shall pay a fee on the hazardous 103.4 waste generated by that generator. The agency shall adopt rules103.5 in accordance with chapter 14 establishing a system for charging103.6 fees to generators. The rules must include the basis for103.7 determining the amount of fees, and procedures and deadlines for103.8 payment of fees.The agency shall base the amount of fees on 103.9 the quantity of hazardous waste generated and may charge a 103.10 minimum fee for each generator not exempted by the agency. In 103.11 adopting the fee rules, the agency shall consider: 103.12 (1) reducing the fees for generators using environmentally 103.13 beneficial hazardous waste management methods, including 103.14 recycling; 103.15 (2) the agency resources allocated to regulating the 103.16 various sizes or types of generators; 103.17 (3) adjusting fees for sizes or types of generators that 103.18 would bear a disproportionate share of the fees to be collected; 103.19 and 103.20 (4) whether implementing clauses (1) to (3) would require 103.21 excessive staff time compared to staff time available for 103.22 providing technical assistance to generators or would make the 103.23 fee system difficult for generators to understand. 103.24 (b) The agency may exempt generators of very small 103.25 quantities of hazardous wastes otherwise subject to the fee if 103.26 it finds that the cost of administering a fee on those 103.27 generators is excessive relative to the proceeds of the fee. 103.28 (c) The agency shall reduce fees charged to generators in 103.29 counties which also charge generator fees to reflect a lesser 103.30 level of activity by the agency in those counties. The fees 103.31 charged by the agency in those counties shall be collected by 103.32 the counties in the manner in which and at the same time as 103.33 those counties collect their generator fees. Counties shall 103.34 remit to the agency the amount of the fees charged by the agency 103.35 by the last day of the month following the month in which they 103.36 were collected. If a county does not collect or remit generator 104.1 fees due to the agency, the agency may collect fees from 104.2 generators in that county according to rules adopted under 104.3 paragraph (a). 104.4 (d) The agency may not impose a volume-based fee under this 104.5 subdivision on material that is reused at the facility where the 104.6 material is generated in a manner that the facility owner or 104.7 operator can demonstrate does not increase the toxicity of, or 104.8 the level of hazardous substances or pollutants or contaminants 104.9 in, products that leave the facility. The agency may impose a 104.10 flat annual fee on a facility that generates the type of 104.11 material described in the preceding sentence, provided that the 104.12 fee reflects the reasonable and necessary costs of inspections 104.13 of the facility. 104.14 Subd. 3. [FACILITY FEES.] The agency shall charge 104.15 hazardous waste facility fees including, but not limited to, an 104.16 original permit fee, a reissuance fee, a major modification fee, 104.17 and an annual facility fee for any hazardous waste facility 104.18 regulated by the agency. The agency shall adopt rules in104.19 accordance with chapter 14 establishing a system for charging104.20 hazardous waste facility fees.The agency may exempt facilities 104.21 otherwise subject to the fee if regulatory oversight of those 104.22 facilities is minimal. The agency may include reasonable and 104.23 necessary costs of any environmental review required under 104.24 chapter 116D in the original permit fee for any hazardous waste 104.25 facility. 104.26 Sec. 20. Minnesota Statutes 1998, section 116C.834, 104.27 subdivision 1, is amended to read: 104.28 Subdivision 1. [COSTS.] All costs incurred by the state to 104.29 carry out its responsibilities under the compact and under 104.30 sections 116C.833 to 116C.843 shall be paid by generators of 104.31 low-level radioactive waste in this state through fees assessed 104.32 by the pollution control agency. The agency shall assess the104.33 fees in the manner provided in section 16A.1285.Fees may be 104.34 reasonably assessed on the basis of volume or degree of hazard 104.35 of the waste produced by a generator. Costs for which fees may 104.36 be assessed include, but are not limited to: 105.1 (1) the state contribution required to join the compact; 105.2 (2) the expenses of the Commission member and state agency 105.3 costs incurred to support the work of the Interstate Commission; 105.4 and 105.5 (3) regulatory costs. 105.6 Sec. 21. Minnesota Statutes 1998, section 144.98, 105.7 subdivision 3, is amended to read: 105.8 Subd. 3. [FEES.] (a) An application for certification 105.9 under subdivision 1 must be accompanied by the biennial fee 105.10 specified in this subdivision. The fees are for: 105.11 (1) base certification fee, $500; and 105.12 (2) test category certification fees: 105.13 Test Category Certification Fee 105.14 Bacteriology $200 105.15 Inorganic chemistry, fewer than four constituents $100 105.16 Inorganic chemistry, four or more constituents $300 105.17 Chemistry metals, fewer than four constituents $200 105.18 Chemistry metals, four or more constituents $500 105.19 Volatile organic compounds $600 105.20 Other organic compounds $600 105.21 (b) The total biennial certification fee is the base fee 105.22 plus the applicable test category fees. The biennial 105.23 certification fee for a contract laboratory is 1.5 times the 105.24 total certification fee. 105.25 (c) Laboratories located outside of this state that require 105.26 an on-site survey will be assessed an additional $1,200 fee. 105.27 (d) The commissioner of health may adjust fees under105.28 section 16A.1285 without rulemaking.Fees must be set so that 105.29 the total fees support the laboratory certification program. 105.30 Direct costs of the certification service include program 105.31 administration, inspections, the agency's general support costs, 105.32 and attorney general costs attributable to the fee function. 105.33 Sec. 22. Minnesota Statutes 1998, section 176.102, 105.34 subdivision 14, is amended to read: 105.35 Subd. 14. [FEES.] The commissioner shall impose fees under105.36 section 16A.1285sufficient to cover the cost of approving and 106.1 monitoring qualified rehabilitation consultants, consultant 106.2 firms, and vendors of rehabilitation services. These fees are 106.3 payable to the special compensation fund. 106.4 Sec. 23. Minnesota Statutes 1998, section 183.375, 106.5 subdivision 5, is amended to read: 106.6 Subd. 5. [FEES.] All fees collected by the division of 106.7 boiler inspection shall be paid into the state treasury in the 106.8 manner provided by law for fees received by other state 106.9 departments and credited to the general fund. When fees are to106.10 be set by the commissioner, they shall be set pursuant to106.11 section 16A.1285.106.12 Sec. 24. Minnesota Statutes 1998, section 223.17, 106.13 subdivision 3, is amended to read: 106.14 Subd. 3. [GRAIN BUYERS AND STORAGE FUND; FEES.] The 106.15 commissioner shall set the fees for inspections under sections 106.16 223.15 to 223.22 at levels necessary to pay the expenses of 106.17 administering and enforcing sections 223.15 to 223.22. These106.18 fees may be adjusted pursuant to the provisions of section106.19 16A.1285.106.20 The fee for any license issued or renewed after June 30, 106.21 1997, shall be set according to the following schedule: 106.22 (a) $100 plus $50 for each additional location for grain 106.23 buyers whose gross annual purchases are less than $100,000; 106.24 (b) $200 plus $50 for each additional location for grain 106.25 buyers whose gross annual purchases are at least $100,000, but 106.26 not more than $750,000; 106.27 (c) $300 plus $100 for each additional location for grain 106.28 buyers whose gross annual purchases are more than $750,000 but 106.29 not more than $1,500,000; 106.30 (d) $400 plus $100 for each additional location for grain 106.31 buyers whose gross annual purchases are more than $1,500,000 but 106.32 not more than $3,000,000; and 106.33 (e) $500 plus $100 for each additional location for grain 106.34 buyers whose gross annual purchases are more than $3,000,000. 106.35 There is created in the state treasury the grain buyers and 106.36 storage fund. Money collected pursuant to sections 223.15 to 107.1 223.19 shall be paid into the state treasury and credited to the 107.2 grain buyers and storage fund and is appropriated to the 107.3 commissioner for the administration and enforcement of sections 107.4 223.15 to 223.22. 107.5 Sec. 25. Minnesota Statutes 1998, section 239.101, 107.6 subdivision 4, is amended to read: 107.7 Subd. 4. [SETTING WEIGHTS AND MEASURES FEES.] The 107.8 department shall review its schedule of inspection fees at the 107.9 end of each six months. When a review indicates that the107.10 schedule of inspection fees should be adjusted, the commissioner107.11 shall fix the fees by rule, in accordance with section 16A.1285,107.12 to ensure that the fees charged are sufficient to recover all107.13 costs connected with the inspections.107.14 Sec. 26. Minnesota Statutes 1998, section 299M.04, is 107.15 amended to read: 107.16 299M.04 [RULES; FEES; ORDERS; PENALTIES.] 107.17 The commissioner shall adopt permanent rules for operation 107.18 of the council; regulation by municipalities; permit, filing,107.19 inspection, certificate, and license fees;qualifications, 107.20 examination, and licensing of fire protection contractors; 107.21 certification of journeyman sprinkler fitters; registration of 107.22 apprentices; and the administration and enforcement of this 107.23 chapter. Fees must be set under section 16A.1285.Permit fees 107.24 must be a percentage of the total cost of the fire protection 107.25 work. 107.26 The commissioner may issue a cease and desist order to 107.27 cease an activity considered an immediate risk to public health 107.28 or public safety. The commissioner shall adopt permanent rules 107.29 governing when an order may be issued; how long the order is 107.30 effective; notice requirements; and other procedures and 107.31 requirements necessary to implement, administer, and enforce the 107.32 provisions of this chapter. 107.33 The commissioner, in place of or in addition to licensing 107.34 sanctions allowed under this chapter, may impose a civil penalty 107.35 not greater than $1,000 for each violation of this chapter or 107.36 rule adopted under this chapter, for each day of violation. The 108.1 commissioner shall adopt permanent rules governing and 108.2 establishing procedures for implementation, administration, and 108.3 enforcement of this paragraph. 108.4 Sec. 27. Minnesota Statutes 1998, section 326.50, is 108.5 amended to read: 108.6 326.50 [APPLICATION; FEES.] 108.7 Application for an individual contracting pipefitter 108.8 competency or an individual journeyman pipefitter competency 108.9 license shall be made to the department of labor and industry, 108.10 with fees. The applicant shall be licensed only after passing 108.11 an examination by the department of labor and industry. Fees108.12 and conditions for renewal of an individual contracting108.13 pipefitter competency or an individual journeyman pipefitter108.14 competency license shall be determined by the department by rule108.15 under chapter 14 and section 16A.1285.108.16 Sec. 28. Minnesota Statutes 1998, section 326.86, 108.17 subdivision 1, is amended to read: 108.18 Subdivision 1. [LICENSING FEE.] The licensing fee for 108.19 persons licensed pursuant to sections 326.83 to 326.991 is $75 108.20 per year. The commissioner may adjust the fees under section108.21 16A.1285 to recover the costs of administration and108.22 enforcement.The fees must be limited to the cost of license 108.23 administration and enforcement and must be deposited in the 108.24 state treasury and credited to the general fund. 108.25 Sec. 29. [EFFECTIVE DATE.] 108.26 This article is effective July 1, 2001.