SF 90

2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to legislative committees and commissions; 
  1.3             updating statutory references to legislative 
  1.4             committees; requiring certain appointments of members 
  1.5             of the senate to be made by the subcommittee on 
  1.6             committees of the committee on rules and 
  1.7             administration; repealing references to abolished 
  1.8             legislative commissions; amending Minnesota Statutes 
  1.9             1996, sections 3.30, subdivision 2; 3.303, subdivision 
  1.10            2; 3.754; 3.885, subdivision 1; 3.97, subdivision 2; 
  1.11            3.98, subdivisions 1 and 3; 8.15, subdivisions 3 and 
  1.12            4; 11A.041; 15.065; 15.16, subdivision 5; 15.161; 
  1.13            15.50, subdivisions 1 and 2; 15.95, subdivision 1; 
  1.14            15A.082, subdivision 2; 16A.011, subdivision 13; 
  1.15            16A.152, subdivision 6; 16A.19, subdivision 1; 16B.24, 
  1.16            subdivisions 3, 3a, and 6; 16B.31, subdivision 3; 
  1.17            16B.335, subdivisions 1, 2, and 5; 16B.41, subdivision 
  1.18            2; 16B.87, subdivision 4; 16D.03, subdivision 3; 
  1.19            17B.15, subdivision 1; 18E.06; 43A.191, subdivision 3; 
  1.20            62R.25; 97A.0453; 115A.07, subdivisions 2 and 3; 
  1.21            115A.15, subdivision 5; 115A.158, subdivision 2; 
  1.22            115A.411, subdivision 1; 115A.55, subdivision 4; 
  1.23            115A.5501, subdivision 2; 115A.551, subdivisions 4 and 
  1.24            5; 115A.557, subdivision 4; 115A.965, subdivision 7; 
  1.25            115A.9651, subdivision 2; 115A.981, subdivision 3; 
  1.26            115B.20, subdivisions 1 and 6; 115B.43, subdivision 4; 
  1.27            115C.093; 115D.10; 116.072, subdivision 12; 116.125; 
  1.28            116C.712, subdivision 5; 116J.555, subdivision 2; 
  1.29            116J.581, subdivision 1; 116J.693, subdivision 2; 
  1.30            116O.03, subdivision 2; 116O.071, subdivision 3; 
  1.31            116O.09, subdivision 2; 116P.05, subdivision 1; 
  1.32            116P.08, subdivision 3; 116P.09, subdivision 7; 
  1.33            119B.17, subdivision 1; 121.703, subdivision 2; 
  1.34            124.078; 124.2131, subdivision 1; 135A.046, 
  1.35            subdivision 3; 136F.60, subdivision 1; 136F.98, 
  1.36            subdivision 1; 137.02, subdivision 3a; 138.763, 
  1.37            subdivision 1; 144.056; 144.701, subdivision 4; 
  1.38            144A.071, subdivision 5; 144E.01, subdivision 2; 
  1.39            169.832, subdivision 13; 174.02, subdivision 6; 
  1.40            192.52; 240.18, subdivision 2; 240A.03, subdivision 
  1.41            15; 241.01, subdivision 5; 245.90; 252.50, subdivision 
  1.42            2; 253.015, subdivision 2; 256.014, subdivision 3; 
  1.43            256.031, subdivision 3; 256.736, subdivision 9; 
  1.44            256.9352, subdivision 3; 256.9657, subdivision 1c; 
  1.45            256B.0629, subdivision 3; 256B.69, subdivision 3a; 
  1.46            268.665, subdivision 2; 268.916; 270.0604, subdivision 
  2.1             4; 270.063; 270.0681, subdivision 2; 270.0682, 
  2.2             subdivision 2; 270.71; 270.74; 273.1398, subdivision 
  2.3             2c; 299C.65, subdivision 2; 352.04, subdivision 3; 
  2.4             352B.02, subdivision 1c; 354.42, subdivision 5; 
  2.5             354A.12, subdivision 2b; 355.50; 356.88, subdivision 
  2.6             1; 393.07, subdivision 5; 446A.072, subdivision 11; 
  2.7             473.149, subdivision 6; 473.598, subdivision 3; 
  2.8             473.608, subdivision 12a; 473.845, subdivision 4; 
  2.9             473.846; and 473.848, subdivision 4; repealing 
  2.10            Minnesota Statutes 1996, sections 3.873; 3.887; and 
  2.11            241.275, subdivision 5. 
  2.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.13     Section 1.  Minnesota Statutes 1996, section 3.30, 
  2.14  subdivision 2, is amended to read: 
  2.15     Subd. 2.  [MEMBERS; DUTIES.] The majority leader of the 
  2.16  senate or a designee, the chair of the senate committee on 
  2.17  finance, and the chair of the senate division of finance 
  2.18  responsible for overseeing the items being considered by the 
  2.19  commission, the speaker of the house of representatives or a 
  2.20  designee, the chair of the house committee on ways and means, 
  2.21  and the chair of the appropriate finance committee, or division 
  2.22  of the house committee responsible for overseeing the items 
  2.23  being considered by the commissioner, constitute the legislative 
  2.24  advisory commission consists of three members of the senate 
  2.25  appointed according to the rules of the senate and three members 
  2.26  of the house of representatives appointed according to the rules 
  2.27  of the house of representatives.  The division chair of the 
  2.28  finance committee in the senate and the division chair of the 
  2.29  appropriate finance committee or division in the house shall 
  2.30  rotate according to the items being considered by the 
  2.31  commission.  If any of the members elect not to serve on the 
  2.32  commission, the house of which they are members, if in session, 
  2.33  shall select some other member for the vacancy.  If the 
  2.34  legislature is not in session, vacancies in the house membership 
  2.35  of the commission shall be filled by the last speaker of the 
  2.36  house or, if the speaker is not available, by the last chair of 
  2.37  the house rules committee, and by the last senate committee on 
  2.38  committees or other appointing authority designated by the 
  2.39  senate rules in case of a senate vacancy.  The commissioner of 
  2.40  finance shall be secretary of the commission and keep a 
  2.41  permanent record and minutes of its proceedings, which are 
  3.1   public records.  The commissioner of finance shall transmit, 
  3.2   under section 3.195, a report to the next legislature of all 
  3.3   actions of the commission.  Members shall receive traveling and 
  3.4   subsistence expenses incurred attending meetings of the 
  3.5   commission.  The commission shall meet from time to time upon 
  3.6   the call of the governor or upon the call of the secretary at 
  3.7   the request of two or more of its members.  A recommendation of 
  3.8   the commission must be made at a meeting of the commission 
  3.9   unless a written recommendation is signed by all the members 
  3.10  entitled to vote on the item. 
  3.11     Sec. 2.  Minnesota Statutes 1996, section 3.303, 
  3.12  subdivision 2, is amended to read: 
  3.13     Subd. 2.  The commission consists of the majority leader of 
  3.14  the senate, the president of the senate, two senators appointed 
  3.15  by the majority leader, the minority leader of the senate, and 
  3.16  one senator appointed by the minority leader six members of the 
  3.17  senate appointed by the subcommittee on committees of the 
  3.18  committee on rules and administration, two of whom must be 
  3.19  members of the minority; and the majority leader of the house of 
  3.20  representatives, the speaker of the house of representatives, 
  3.21  two representatives appointed by the speaker, the minority 
  3.22  leader of the house of representatives, and one representative 
  3.23  appointed by the minority leader.  Each member shall serve until 
  3.24  a successor is named during a regular session following 
  3.25  appointment.  A vacancy shall be filled for the unexpired term 
  3.26  in the same manner as the original appointment. 
  3.27     Sec. 3.  Minnesota Statutes 1996, section 3.754, is amended 
  3.28  to read: 
  3.29     3.754 [BUDGET REQUESTS; PROPERTY IMPROVEMENT CLAIMS.] 
  3.30     All state departments and agencies including the board of 
  3.31  trustees of the Minnesota state colleges and universities shall 
  3.32  include in their budget requests the amounts necessary to 
  3.33  reimburse counties and municipalities for claims involving 
  3.34  assessments for improvements benefiting state-owned property in 
  3.35  their communities.  Each department and agency shall pay the 
  3.36  assessments when due or, if a department or agency feels that it 
  4.1   was not fairly assessed, notify the chairs of the appropriate 
  4.2   committee on finance of the senate and the committee on ways and 
  4.3   means of the house of representatives for a review of the 
  4.4   assessment. Assessments on state-owned property under the 
  4.5   control of the state university board and the state board for 
  4.6   community colleges are governed by section 135A.131.  All 
  4.7   agencies and departments should negotiate assessment costs with 
  4.8   counties and municipalities prior to commencement of 
  4.9   improvements benefiting state-owned property. 
  4.10     Sec. 4.  Minnesota Statutes 1996, section 3.885, 
  4.11  subdivision 1, is amended to read: 
  4.12     Subdivision 1.  [MEMBERSHIP.] The legislative commission on 
  4.13  planning and fiscal policy consists of 18 nine members of the 
  4.14  senate and the house of representatives appointed by the 
  4.15  legislative coordinating commission appointed by the 
  4.16  subcommittee on committees of the committee on rules and 
  4.17  administration and nine members of the house of representatives 
  4.18  appointed by the speaker.  Vacancies on the commission are 
  4.19  filled in the same manner as original appointments.  The 
  4.20  commission shall elect a chair and a vice-chair from among its 
  4.21  members.  The chair alternates between a member of the senate 
  4.22  and a member of the house in January of each odd-numbered year. 
  4.23     Sec. 5.  Minnesota Statutes 1996, section 3.97, subdivision 
  4.24  2, is amended to read: 
  4.25     Subd. 2.  The legislative audit commission is created.  The 
  4.26  commission consists of: 
  4.27     (1) the majority leader of the senate and the president of 
  4.28  the senate or their designees; 
  4.29     (2) the chair of the senate committee on taxes or a 
  4.30  designee who is a member of the committee; 
  4.31     (3) the chair of the senate committee on governmental 
  4.32  operations and reform or a designee who is a member of the 
  4.33  committee; 
  4.34     (4) the chair of the senate committee on finance or a 
  4.35  designee who is a member of the committee; 
  4.36     (5) three eight members of the senate appointed by the 
  5.1   senate minority leader in accordance with the rules of the 
  5.2   senate; 
  5.3      (6) (2) the speaker of the house and the chair of the house 
  5.4   committee on rules or their designees; 
  5.5      (7) (3) the chair of the house committee on taxes or a 
  5.6   designee who is a member of the committee; 
  5.7      (8) (4) the chair of the house committee on governmental 
  5.8   operations and gaming or a designee who is a member of the 
  5.9   committee; 
  5.10     (9) (5) the chair of the house ways and means committee or 
  5.11  a designee who is a member of the committee; and 
  5.12     (10) (6) three members of the house appointed by the house 
  5.13  minority leader.  
  5.14  The appointed members of the commission shall serve for a term 
  5.15  commencing upon appointment and expiring at the opening of the 
  5.16  next regular session of the legislature in the odd-numbered year 
  5.17  and until a successor is appointed.  A vacancy in the membership 
  5.18  of the commission shall be filled for the unexpired term in a 
  5.19  manner that will preserve the representation established by this 
  5.20  subdivision.  
  5.21     The commission shall elect its chair and other officers as 
  5.22  it may determine necessary.  It shall meet at the call of the 
  5.23  chair or the executive secretary.  The members shall serve 
  5.24  without compensation but be reimbursed for their reasonable 
  5.25  expenses as members of the legislature.  The commission may 
  5.26  exercise the powers prescribed by section 3.153.  
  5.27     Sec. 6.  Minnesota Statutes 1996, section 3.98, subdivision 
  5.28  1, is amended to read: 
  5.29     Subdivision 1.  The head or chief administrative officer of 
  5.30  each department or agency of the state government, including the 
  5.31  supreme court, shall prepare a fiscal note at the request of the 
  5.32  chair of the standing committee to which a bill has been 
  5.33  referred, or the chair of the house ways and means committee, or 
  5.34  the chair of the a senate committee on finance. 
  5.35     For purposes of this subdivision, "supreme court" includes 
  5.36  all agencies, committees, and commissions supervised or 
  6.1   appointed by the state supreme court or the state court 
  6.2   administrator. 
  6.3      Sec. 7.  Minnesota Statutes 1996, section 3.98, subdivision 
  6.4   3, is amended to read: 
  6.5      Subd. 3.  A copy of the fiscal note shall be delivered to 
  6.6   the chair of the appropriations ways and means committee of the 
  6.7   house of representatives, the chair of the appropriate finance 
  6.8   committee of the senate, the chair of the standing committee to 
  6.9   which the bill has been referred, to the chief author of the 
  6.10  bill and to the commissioner of finance. 
  6.11     Sec. 8.  Minnesota Statutes 1996, section 8.15, subdivision 
  6.12  3, is amended to read: 
  6.13     Subd. 3.  [AGREEMENTS.] To facilitate the delivery of legal 
  6.14  services, the attorney general may: 
  6.15     (1) enter into agreements with executive branch agencies, 
  6.16  political subdivisions, or quasi-state agencies to provide legal 
  6.17  services for the benefit of the citizens of Minnesota; and 
  6.18     (2) in addition to funds otherwise appropriated by the 
  6.19  legislature, accept and spend funds received under any agreement 
  6.20  authorized in clause (1) for the purpose set forth in clause 
  6.21  (1), subject to a report of receipts to the chairs of the senate 
  6.22  finance committee committees and the house ways and means 
  6.23  committee by October 15 each year. 
  6.24     Funds received under this subdivision must be deposited in 
  6.25  the general fund and are appropriated to the attorney general 
  6.26  for the purposes set forth in this subdivision. 
  6.27     Sec. 9.  Minnesota Statutes 1996, section 8.15, subdivision 
  6.28  4, is amended to read: 
  6.29     Subd. 4.  [REPORTS.] The attorney general shall prepare an 
  6.30  annual expenditure report describing actual expenditures for 
  6.31  each agency or political subdivision receiving legal services.  
  6.32  The report shall describe: 
  6.33     (1) estimated and actual expenditures, including 
  6.34  expenditures authorized through agreements; 
  6.35     (2) the type of services provided; and 
  6.36     (3) major current and future legal issues. 
  7.1   The report shall be submitted to the chairs of the senate 
  7.2   finance committee committees and the house ways and means 
  7.3   committee by October 15 each year. 
  7.4      Sec. 10.  Minnesota Statutes 1996, section 11A.041, is 
  7.5   amended to read: 
  7.6      11A.041 [REPORT ON POSTRETIREMENT INVESTMENT FUND 
  7.7   INVESTMENT PERFORMANCE AND ADJUSTMENT CALCULATION.] 
  7.8      The state board of investment shall annually report to the 
  7.9   legislative commission on pensions and retirement, the house of 
  7.10  representatives governmental operations and gaming committee, 
  7.11  and the senate governmental operations and reform veterans 
  7.12  committee on the investment performance investment activities, 
  7.13  and postretirement adjustment calculations of the Minnesota 
  7.14  postretirement investment fund established under section 
  7.15  11A.18.  The annual report must be filed before January 1.  The 
  7.16  contents of the report must include the reporting requirements 
  7.17  specified by the legislative commission on pensions and 
  7.18  retirement as part of the standards adopted by the commission 
  7.19  under section 3.85, subdivision 10.  The report also may include 
  7.20  any additional information that the state board of investment 
  7.21  determines is appropriate. 
  7.22     Sec. 11.  Minnesota Statutes 1996, section 15.065, is 
  7.23  amended to read: 
  7.24     15.065 [FISCAL NOTES.] 
  7.25     Notwithstanding any other law to the contrary, the 
  7.26  departments of health, human services, economic security, 
  7.27  corrections and the health related boards shall not put into 
  7.28  effect any rule or standard which has a fiscal impact in excess 
  7.29  of $100,000 annually without first providing the house 
  7.30  appropriations ways and means and the senate finance committees 
  7.31  with fiscal notes.  
  7.32     Sec. 12.  Minnesota Statutes 1996, section 15.16, 
  7.33  subdivision 5, is amended to read: 
  7.34     Subd. 5.  [OBTAINING RECOMMENDATION.] No control of 
  7.35  state-owned lands may be transferred between state departments 
  7.36  or agencies without the departments or agencies first consulting 
  8.1   the chairs of the appropriate senate finance committee and the 
  8.2   house of representatives appropriations ways and means committee 
  8.3   and obtaining their recommendations.  The recommendations are 
  8.4   advisory only.  Failure to obtain a prompt recommendation is 
  8.5   deemed a negative recommendation. 
  8.6      Sec. 13.  Minnesota Statutes 1996, section 15.161, is 
  8.7   amended to read: 
  8.8      15.161 [ACCEPTANCE OF FEDERAL LANDS OR BUILDINGS; 
  8.9   CONSULTATION WITH LEGISLATIVE COMMITTEES.] 
  8.10     The head of a state department or agency shall consult with 
  8.11  the chair of the house ways and means committee and the chair of 
  8.12  the appropriate senate finance committee before accepting any 
  8.13  federal land or buildings thereon or any interest therein which 
  8.14  is declared surplus by federal authorities and obtaining a 
  8.15  recommendation thereon which shall be advisory only.  Failure to 
  8.16  obtain a recommendation thereon promptly shall be deemed a 
  8.17  negative recommendation.  
  8.18     Sec. 14.  Minnesota Statutes 1996, section 15.50, 
  8.19  subdivision 1, is amended to read: 
  8.20     Subdivision 1.  [PURPOSE, MEMBERS, OFFICERS.] (a) The 
  8.21  legislature finds that the purposes of the board are to (1) 
  8.22  preserve and enhance the dignity, beauty and architectural 
  8.23  integrity of the capitol, the buildings immediately adjacent to 
  8.24  it, the capitol grounds, and the capitol area; (2) protect, 
  8.25  enhance, and increase the open spaces within the capitol area 
  8.26  when deemed necessary and desirable for the improvement of the 
  8.27  public enjoyment thereof; (3) develop proper approaches to the 
  8.28  capitol area for pedestrian movement, the highway system, and 
  8.29  mass transit system so that the area achieves its maximum 
  8.30  importance and accessibility; and (4) establish a flexible 
  8.31  framework for growth of the capitol buildings which will be in 
  8.32  keeping with the spirit of the original design. 
  8.33     (b) The capitol area architectural and planning board, 
  8.34  herein referred to as the board, consists of ten members.  The 
  8.35  lieutenant governor shall be a member of the board.  Four 
  8.36  members shall be appointed by the governor; three members, one 
  9.1   of whom shall be a resident of the district planning council 
  9.2   area containing the capitol area, shall be appointed by the 
  9.3   mayor of the city of Saint Paul, with the advice and consent of 
  9.4   the city council.  The speaker of the house shall appoint a 
  9.5   member of the house of representatives and the 
  9.6   president subcommittee on committees of the committee on rules 
  9.7   and administration of the senate shall appoint one senator to be 
  9.8   members of the board.  Each person appointed to the board shall 
  9.9   qualify by taking the oath of office. 
  9.10     (c) The lieutenant governor is the chair of the board.  The 
  9.11  attorney general is the legal advisor to the board.  The board 
  9.12  may elect a vice-chair who may preside at meetings in the 
  9.13  absence of the lieutenant governor and such other officers as it 
  9.14  may deem necessary to carry out its duties. 
  9.15     (d) The board shall select an executive secretary to serve 
  9.16  the board.  It may employ such other officers and employees as 
  9.17  it may deem necessary all of whom shall be in the classified 
  9.18  service of the state civil service.  The board may contract for 
  9.19  professional and other similar service on such terms as it may 
  9.20  deem desirable. 
  9.21     Sec. 15.  Minnesota Statutes 1996, section 15.50, 
  9.22  subdivision 2, is amended to read: 
  9.23     Subd. 2.  [CAPITOL AREA PLAN.] (a) The board shall prepare, 
  9.24  prescribe, and from time to time, after a public hearing, amend 
  9.25  a comprehensive use plan for the capitol area, called the area 
  9.26  in this subdivision, which consists of that portion of the city 
  9.27  of Saint Paul comprehended within the following boundaries:  
  9.28  Beginning at the point of intersection of the center line of the 
  9.29  Arch-Pennsylvania freeway and the center line of Marion Street, 
  9.30  thence southerly along the center line of Marion Street extended 
  9.31  to a point 50 feet south of the south line of Concordia Avenue, 
  9.32  thence southeasterly along a line extending 50 feet from the 
  9.33  south line of Concordia Avenue to a point 125 feet from the west 
  9.34  line of John Ireland Boulevard, thence southwesterly along a 
  9.35  line extending 125 feet from the west line of John Ireland 
  9.36  Boulevard to the south line of Dayton Avenue, thence 
 10.1   northeasterly from the south line of Dayton Avenue to the west 
 10.2   line of John Ireland Boulevard, thence northeasterly to the 
 10.3   center line of the intersection of Old Kellogg Boulevard and 
 10.4   Summit Avenue, thence northeasterly along the center line of 
 10.5   Summit Avenue to the center line of the new West Kellogg 
 10.6   Boulevard, thence southerly along the east line of the new West 
 10.7   Kellogg Boulevard, to the center line of West Seventh Street, 
 10.8   thence northeasterly along the center line of West Seventh 
 10.9   Street to the center line of the Fifth Street ramp, thence 
 10.10  northwesterly along the center line of the Fifth Street ramp to 
 10.11  the east line of the right-of-way of Interstate Highway 35-E, 
 10.12  thence northeasterly along the east line of the right-of-way of 
 10.13  Interstate Highway 35-E to the south line of the right-of-way of 
 10.14  Interstate Highway 94, thence easterly along the south line of 
 10.15  the right-of-way of Interstate Highway 94 to the west line of 
 10.16  St. Peter Street, thence southerly to the south line of Exchange 
 10.17  Street, thence easterly along the south line of Exchange Street 
 10.18  to the west line of Cedar Street, thence northerly along the 
 10.19  west line of Cedar Street to the center line of Tenth Street, 
 10.20  thence northeasterly along the center line of Tenth Street to 
 10.21  the center line of Minnesota Street, thence northwesterly along 
 10.22  the center line of Minnesota Street to the center line of 
 10.23  Eleventh Street, thence northeasterly along the center line of 
 10.24  Eleventh Street to the center line of Jackson Street, thence 
 10.25  northwesterly along the center line of Jackson Street to the 
 10.26  center line of the Arch-Pennsylvania freeway extended, thence 
 10.27  westerly along the center line of the Arch-Pennsylvania freeway 
 10.28  extended and Marion Street to the point of origin.  If 
 10.29  construction of the labor interpretive center does not commence 
 10.30  prior to December 31, 2000, at the site recommended by the 
 10.31  board, the boundaries of the capitol area revert to their 
 10.32  configuration as of 1992.  
 10.33     Under the comprehensive plan, or a portion of it, the board 
 10.34  may regulate, by means of zoning rules adopted under the 
 10.35  administrative procedure act, the kind, character, height, and 
 10.36  location, of buildings and other structures constructed or used, 
 11.1   the size of yards and open spaces, the percentage of lots that 
 11.2   may be occupied, and the uses of land, buildings and other 
 11.3   structures, within the area.  To protect and enhance the 
 11.4   dignity, beauty, and architectural integrity of the capitol 
 11.5   area, the board is further empowered to include in its zoning 
 11.6   rules design review procedures and standards with respect to any 
 11.7   proposed construction activities in the capitol area 
 11.8   significantly affecting the dignity, beauty, and architectural 
 11.9   integrity of the area.  No person may undertake these 
 11.10  construction activities as defined in the board's rules in the 
 11.11  capitol area without first submitting construction plans to the 
 11.12  board, obtaining a zoning permit from the board, and receiving a 
 11.13  written certification from the board specifying that the person 
 11.14  has complied with all design review procedures and standards.  
 11.15  Violation of the zoning rules is a misdemeanor.  The board may, 
 11.16  at its option, proceed to abate any violation by injunction.  
 11.17  The board and the city of Saint Paul shall cooperate in assuring 
 11.18  that the area adjacent to the capitol area is developed in a 
 11.19  manner that is in keeping with the purpose of the board and the 
 11.20  provisions of the comprehensive plan.  
 11.21     (b) The commissioner of administration shall act as a 
 11.22  consultant to the board with regard to the physical structural 
 11.23  needs of the state.  The commissioner shall make studies and 
 11.24  report the results to the board when it requests reports for its 
 11.25  planning purpose.  
 11.26     (c) No public building, street, parking lot, or monument, 
 11.27  or other construction may be built or altered on any public 
 11.28  lands within the area unless the plans for the project conform 
 11.29  to the comprehensive use plan as specified in paragraph (d) and 
 11.30  to the requirement for competitive plans as specified in 
 11.31  paragraph (e).  No alteration substantially changing the 
 11.32  external appearance of any existing public building approved in 
 11.33  the comprehensive plan or the exterior or interior design of any 
 11.34  proposed new public building the plans for which were secured by 
 11.35  competition under paragraph (e) may be made without the prior 
 11.36  consent of the board.  The commissioner of administration shall 
 12.1   consult with the board regarding internal changes having the 
 12.2   effect of substantially altering the architecture of the 
 12.3   interior of any proposed building.  
 12.4      (d) The comprehensive plan must show the existing land uses 
 12.5   and recommend future uses including:  areas for public taking 
 12.6   and use; zoning for private land and criteria for development of 
 12.7   public land, including building areas, open spaces, monuments, 
 12.8   and other memorials; vehicular and pedestrian circulation; 
 12.9   utilities systems; vehicular storage; elements of landscape 
 12.10  architecture.  No substantial alteration or improvement may be 
 12.11  made to public lands or buildings in the area without the 
 12.12  written approval of the board.  
 12.13     (e) The board shall secure by competitions plans for any 
 12.14  new public building.  Plans for any comprehensive plan, 
 12.15  landscaping scheme, street plan, or property acquisition that 
 12.16  may be proposed, or for any proposed alteration of any existing 
 12.17  public building, landscaping scheme or street plan may be 
 12.18  secured by a similar competition.  A competition must be 
 12.19  conducted under rules prescribed by the board and may be of any 
 12.20  type which meets the competition standards of the American 
 12.21  Institute of Architects.  Designs selected become the property 
 12.22  of the state of Minnesota, and the board may award one or more 
 12.23  premiums in each competition and may pay the costs and fees that 
 12.24  may be required for its conduct.  At the option of the board, 
 12.25  plans for projects estimated to cost less than $1,000,000 may be 
 12.26  approved without competition provided the plans have been 
 12.27  considered by the advisory committee described in paragraph 
 12.28  (h).  Plans for projects estimated to cost less than $400,000 
 12.29  and for construction of streets need not be considered by the 
 12.30  advisory committee if in conformity with the comprehensive plan. 
 12.31     (f) Notwithstanding paragraph (e), an architectural 
 12.32  competition is not required for the design of any light rail 
 12.33  transit station and alignment within the capitol area.  The 
 12.34  board and its advisory committee shall select a preliminary 
 12.35  design for any transit station in the capitol area.  Each stage 
 12.36  of any station's design through working drawings must be 
 13.1   reviewed by the board's advisory committee and approved by the 
 13.2   board to ensure that the station's design is compatible with the 
 13.3   comprehensive plan for the capitol area and the board's design 
 13.4   criteria.  The guideway and track design of any light rail 
 13.5   transit alignment within the capitol area must also be reviewed 
 13.6   by the board's advisory committee and approved by the board. 
 13.7      (g) Of the amount available for the light rail transit 
 13.8   design, adequate funds must be available to the board for design 
 13.9   framework studies and review of preliminary plans for light rail 
 13.10  transit alignment and stations in the capitol area. 
 13.11     (h) The board may not adopt any plan under paragraph (e) 
 13.12  unless it first receives the comments and criticism of an 
 13.13  advisory committee of three persons, each of whom is either an 
 13.14  architect or a planner, who have been selected and appointed as 
 13.15  follows:  one by the board of the arts, one by the board, and 
 13.16  one by the Minnesota Society of the American Institute of 
 13.17  Architects.  Members of the committee may not be contestants 
 13.18  under paragraph (e).  The comments and criticism must be a 
 13.19  matter of public information.  The committee shall advise the 
 13.20  board on all architectural and planning matters.  For that 
 13.21  purpose, the committee must be kept currently informed 
 13.22  concerning, and have access to, all data, including all plans, 
 13.23  studies, reports and proposals, relating to the area as the data 
 13.24  are developed or in the process of preparation, whether by the 
 13.25  commissioner of administration, the commissioner of trade and 
 13.26  economic development, the metropolitan council, the city of 
 13.27  Saint Paul, or by any architect, planner, agency or 
 13.28  organization, public or private, retained by the board or not 
 13.29  retained and engaged in any work or planning relating to the 
 13.30  area, and a copy of any data prepared by any public employee or 
 13.31  agency must be filed with the board promptly upon completion.  
 13.32     The board may employ stenographic or technical help that 
 13.33  may be reasonable to assist the committee to perform its duties. 
 13.34     When so directed by the board, the committee may serve as, 
 13.35  and any member or members of the committee may serve on, the 
 13.36  jury or as professional advisor for any architectural 
 14.1   competition, and the board shall select the architectural 
 14.2   advisor and jurors for any competition with the advice of the 
 14.3   committee.  
 14.4      The city of Saint Paul shall advise the board.  
 14.5      (i) The comprehensive plan for the area must be developed 
 14.6   and maintained in close cooperation with the commissioner of 
 14.7   trade and economic development, the planning department and the 
 14.8   council for the city of Saint Paul, and the board of the arts, 
 14.9   and no plan or amendment of a plan may be effective without 90 
 14.10  days' notice to the planning department of the city of Saint 
 14.11  Paul and the board of the arts and without a public hearing with 
 14.12  opportunity for public testimony.  
 14.13     (j) The board and the commissioner of administration, 
 14.14  jointly, shall prepare, prescribe, and from time to time revise 
 14.15  standards and policies governing the repair, alteration, 
 14.16  furnishing, appearance, and cleanliness of the public and 
 14.17  ceremonial areas of the state capitol building.  The board shall 
 14.18  consult with and receive advice from the director of the 
 14.19  Minnesota state historical society regarding the historic 
 14.20  fidelity of plans for the capitol building.  The standards and 
 14.21  policies developed under this paragraph are binding upon the 
 14.22  commissioner of administration.  The provisions of sections 
 14.23  14.02, 14.04 to 14.28, 14.38, and 14.44 to 14.45 do not apply to 
 14.24  this paragraph.  
 14.25     (k) The board in consultation with the commissioner of 
 14.26  administration shall prepare and submit to the legislature and 
 14.27  the governor no later than October 1 of each even-numbered year 
 14.28  a report on the status of implementation of the comprehensive 
 14.29  plan together with a program for capital improvements and site 
 14.30  development, and the commissioner of administration shall 
 14.31  provide the necessary cost estimates for the program.  The board 
 14.32  shall report any changes to the comprehensive plan adopted by 
 14.33  the board to the committee on governmental operations and 
 14.34  gambling of the house of representatives and the committee on 
 14.35  governmental operations and reform veterans of the senate and 
 14.36  upon request shall provide testimony concerning the changes.  
 15.1   The board shall also provide testimony to the legislature on 
 15.2   proposals for memorials in the capitol area as to their 
 15.3   compatibility with the standards, policies, and objectives of 
 15.4   the comprehensive plan. 
 15.5      (l) The state shall, by the attorney general upon the 
 15.6   recommendation of the board and within appropriations available 
 15.7   for that purpose, acquire by gift, purchase, or eminent domain 
 15.8   proceedings any real property situated in the area described in 
 15.9   this section, and it may also acquire an interest less than a 
 15.10  fee simple interest in the property, if it finds that the 
 15.11  property is needed for future expansion or beautification of the 
 15.12  area.  
 15.13     (m) The board is the successor of the state veterans 
 15.14  service building commission, and as such may adopt rules and may 
 15.15  reenact the rules adopted by its predecessor under Laws 1945, 
 15.16  chapter 315, and amendments to it.  
 15.17     (n) The board shall meet at the call of the chair and at 
 15.18  such other times as it may prescribe.  
 15.19     (o) The commissioner of administration shall assign 
 15.20  quarters in the state veterans service building to (1) the 
 15.21  department of veterans affairs, of which a part that the 
 15.22  commissioner of administration and commissioner of veterans 
 15.23  affairs may mutually determine must be on the first floor above 
 15.24  the ground, and (2) the American Legion, Veterans of Foreign 
 15.25  Wars, Disabled American Veterans, Military Order of the Purple 
 15.26  Heart, United Spanish War Veterans, and Veterans of World War I, 
 15.27  and their auxiliaries, incorporated, or when incorporated, under 
 15.28  the laws of the state, and (3) as space becomes available, to 
 15.29  other state departments and agencies as the commissioner may 
 15.30  deem desirable. 
 15.31     Sec. 16.  Minnesota Statutes 1996, section 15.95, 
 15.32  subdivision 1, is amended to read: 
 15.33     Subdivision 1.  [MEMBERSHIP.] The government information 
 15.34  access council consists of the following members: 
 15.35     (1) all Minnesota residents who are members of the 
 15.36  president's national information infrastructure advisory group; 
 16.1      (2) two commissioners of state agencies, appointed by the 
 16.2   governor; 
 16.3      (3) one person appointed by the University of Minnesota 
 16.4   board of regents; 
 16.5      (4) one person appointed by the board of trustees of the 
 16.6   Minnesota state colleges and universities; 
 16.7      (5) one representative of public television, appointed by 
 16.8   the Minnesota public television association; 
 16.9      (6) one representative aligned with the Minnesota equal 
 16.10  access network, appointed by the board of the network; 
 16.11     (7) one member appointed by the telephone company providing 
 16.12  access to the largest number of customers within the state; 
 16.13     (8) one corporate executive from a company that is a member 
 16.14  of the Minnesota business partnership, selected by the 
 16.15  partnership; 
 16.16     (9) one representative of the citizens league, appointed by 
 16.17  the league; 
 16.18     (10) one member of the intergovernmental information 
 16.19  systems advisory council, appointed by the council; 
 16.20     (11) one member appointed by the Minnesota AFL-CIO; 
 16.21     (12) one member of American Federation of State, County, 
 16.22  and Municipal Employees, council 6, appointed by the executive 
 16.23  board of council 6; 
 16.24     (13) one member of the joint media committee, appointed by 
 16.25  the committee; 
 16.26     (14) one member representing each of the following groups, 
 16.27  appointed by the members of the council appointed under clauses 
 16.28  (1) to (13):  telephone companies, the cable television 
 16.29  industry, and librarians who manage government information; 
 16.30     (15) four additional members representing diverse 
 16.31  communities, or private citizens with unique perspectives 
 16.32  regarding information policy, appointed by the members of the 
 16.33  council appointed under clauses (1) to (14); 
 16.34     (16) one person representing a telecommunication carrier 
 16.35  providing interexchange service to the largest number of 
 16.36  customers within the state, appointed by the members of the 
 17.1   council appointed under clauses (1) to (14); 
 17.2      (17) one member representing a public utility regulated 
 17.3   under chapter 216B, appointed by the members of the council 
 17.4   appointed under clauses (1) to (14); and 
 17.5      (18) one member representing nonprofit cable communication 
 17.6   access centers serving community populations, appointed by 
 17.7   members of the council appointed under clauses (1) to (14). 
 17.8      One member of the house of representatives, appointed by 
 17.9   the speaker; one member of the senate, appointed by the 
 17.10  subcommittee on committees of the committee on rules and 
 17.11  administration; one member of the house of representatives, 
 17.12  appointed by the minority leader; and one member two members of 
 17.13  the senate, appointed by the minority leader subcommittee on 
 17.14  committees of the committee on rules and administration, one of 
 17.15  whom must be a member of the minority, shall serve as members of 
 17.16  the council without votes. 
 17.17     Sec. 17.  Minnesota Statutes 1996, section 15A.082, 
 17.18  subdivision 2, is amended to read: 
 17.19     Subd. 2.  [MEMBERSHIP.] The compensation council consists 
 17.20  of 16 members:  two members of the house of representatives 
 17.21  appointed by the speaker of the house of representatives; two 
 17.22  members of the senate appointed by the majority leader of the 
 17.23  senate; one member of the house of representatives appointed by 
 17.24  the minority leader of the house of representatives; one member 
 17.25  three members of the senate appointed by the minority 
 17.26  leader subcommittee on committees of the committee on rules and 
 17.27  administration of the senate, one of whom must be a member of 
 17.28  the minority; two nonjudges appointed by the chief justice of 
 17.29  the supreme court; and one member from each congressional 
 17.30  district appointed by the governor, of whom no more than four 
 17.31  may belong to the same political party.  Appointments must be 
 17.32  made by October 1.  The compensation and removal of members 
 17.33  appointed by the governor or the chief justice shall be as 
 17.34  provided in section 15.059, subdivisions 3 and 4.  The 
 17.35  legislative coordinating commission shall provide the council 
 17.36  with administrative and support services. 
 18.1      Sec. 18.  Minnesota Statutes 1996, section 16A.011, 
 18.2   subdivision 13, is amended to read: 
 18.3      Subd. 13.  [FINANCE COMMITTEE.] "Finance committee" means 
 18.4   the appropriate finance committee of the Senate.  
 18.5      Sec. 19.  Minnesota Statutes 1996, section 16A.152, 
 18.6   subdivision 6, is amended to read: 
 18.7      Subd. 6.  [NOTICE TO COMMITTEES.] The commissioner shall 
 18.8   notify the committees on finance and taxes and tax laws of the 
 18.9   senate and the committees on ways and means and taxes of the 
 18.10  house of representatives of a reduction in an allotment under 
 18.11  this section.  The notice must be in writing and delivered 
 18.12  within 15 days of the commissioner's act.  The notice must 
 18.13  specify:  
 18.14     (1) the amount of the reduction in the allotment; 
 18.15     (2) the agency and programs affected; 
 18.16     (3) the amount of any payment withheld; and 
 18.17     (4) any additional information the commissioner determines 
 18.18  is appropriate.  
 18.19     Sec. 20.  Minnesota Statutes 1996, section 16A.19, 
 18.20  subdivision 1, is amended to read: 
 18.21     Subdivision 1.  [PROCEDURE.] If a direct appropriation for 
 18.22  retirement contributions, benefits, or administrative expenses, 
 18.23  or for social security contributions under section 355.46, is 
 18.24  determined by the chief administrative official of the agency to 
 18.25  which or by the officer to whom the appropriation was made to be 
 18.26  insufficient to meet the state's obligation under the program 
 18.27  for which it is made for the fiscal year for which it is made, 
 18.28  the official or the officer shall certify to the finance 
 18.29  committee, the appropriations ways and means committee, and the 
 18.30  commissioner the amount necessary to meet the deficiency.  Upon 
 18.31  this certification, the commissioner shall transfer the 
 18.32  necessary amounts to the appropriate accounts.  
 18.33     Sec. 21.  Minnesota Statutes 1996, section 16B.24, 
 18.34  subdivision 3, is amended to read: 
 18.35     Subd. 3.  [DISPOSAL OF OLD BUILDINGS.] The commissioner, 
 18.36  upon request of the head of an agency which has control of a 
 19.1   state-owned building which is no longer used or which is a fire 
 19.2   or safety hazard, shall, after obtaining approval of the chairs 
 19.3   of the appropriate senate finance committee and house of 
 19.4   representatives appropriations ways and means committee, sell, 
 19.5   wreck, or otherwise dispose of the building.  In the event a 
 19.6   sale is made the proceeds shall be deposited in the proper 
 19.7   account or in the general fund.  
 19.8      Sec. 22.  Minnesota Statutes 1996, section 16B.24, 
 19.9   subdivision 3a, is amended to read: 
 19.10     Subd. 3a.  [SALE OF REAL PROPERTY.] By February 1 of each 
 19.11  year, the commissioner shall report to the chairs of the senate 
 19.12  committee committees on finance and the house of representatives 
 19.13  committees on ways and means and capital investment all sales or 
 19.14  other transfers of real property owned by the state that have 
 19.15  taken place in the preceding calendar year.  The report shall 
 19.16  include a description of the property, reason for the sale, the 
 19.17  name of the buyer, and the price for which the property was 
 19.18  sold.  Sales of easements need not be included.  This 
 19.19  subdivision does not apply to real property held by the 
 19.20  department of natural resources, the department of 
 19.21  transportation, or the board of water and soil resources, except 
 19.22  for real property that has been used for office space by any of 
 19.23  those agencies.  This subdivision does not apply to property 
 19.24  owned by the board of trustees of the Minnesota state colleges 
 19.25  and universities or the University of Minnesota.  
 19.26     Sec. 23.  Minnesota Statutes 1996, section 16B.24, 
 19.27  subdivision 6, is amended to read: 
 19.28     Subd. 6.  [PROPERTY RENTAL.] (a)  [LEASES.] The 
 19.29  commissioner shall rent land and other premises when necessary 
 19.30  for state purposes.  Notwithstanding subdivision 6a, paragraph 
 19.31  (a), the commissioner may lease land or premises for up to ten 
 19.32  years, subject to cancellation upon 30 days' written notice by 
 19.33  the state for any reason except lease of other non-state-owned 
 19.34  land or premises for the same use.  The commissioner may not 
 19.35  lease non-state-owned land and buildings or substantial portions 
 19.36  of land or buildings within the capitol area as defined in 
 20.1   section 15.50 unless the commissioner first consults with the 
 20.2   capitol area architectural and planning board.  If the 
 20.3   commissioner enters into a lease-purchase agreement for 
 20.4   buildings or substantial portions of buildings within the 
 20.5   capitol area, the commissioner shall require that any new 
 20.6   construction of non-state-owned buildings conform to design 
 20.7   guidelines of the capitol area architectural and planning 
 20.8   board.  Lands needed by the department of transportation for 
 20.9   storage of vehicles or road materials may be leased for five 
 20.10  years or less, such leases for terms over two years being 
 20.11  subject to cancellation upon 30 days written notice by the state 
 20.12  for any reason except lease of other non-state-owned land or 
 20.13  premises for the same use.  An agency or department head must 
 20.14  consult with the chairs of the house appropriations ways and 
 20.15  means committee and the appropriate senate finance committees 
 20.16  committee before entering into any agreement that would cause an 
 20.17  agency's rental costs to increase by ten percent or more per 
 20.18  square foot or would increase the number of square feet of 
 20.19  office space rented by the agency by 25 percent or more in any 
 20.20  fiscal year.  
 20.21     (b)  [USE VACANT PUBLIC SPACE.] No agency may initiate or 
 20.22  renew a lease for space for its own use in a private building 
 20.23  unless the commissioner has thoroughly investigated presently 
 20.24  vacant space in public buildings, such as closed school 
 20.25  buildings, and found that none is available or use of the space 
 20.26  is not feasible, prudent, and cost-effective compared with 
 20.27  available alternatives.  
 20.28     (c)  [PREFERENCE FOR CERTAIN BUILDINGS.] For needs beyond 
 20.29  those which can be accommodated in state-owned buildings, the 
 20.30  commissioner shall acquire and utilize space in suitable 
 20.31  buildings of historical, architectural, or cultural significance 
 20.32  for the purposes of this subdivision unless use of that space is 
 20.33  not feasible, prudent and cost-effective compared with available 
 20.34  alternatives.  Buildings are of historical, architectural, or 
 20.35  cultural significance if they are listed on the national 
 20.36  register of historic places, designated by a state or county 
 21.1   historical society, or designated by a municipal preservation 
 21.2   commission.  
 21.3      (d)  [RECYCLING SPACE.] Leases for space of 30 days or more 
 21.4   for 5,000 square feet or more must require that space be 
 21.5   provided for recyclable materials. 
 21.6      Sec. 24.  Minnesota Statutes 1996, section 16B.31, 
 21.7   subdivision 3, is amended to read: 
 21.8      Subd. 3.  [FEDERAL AID.] (a)  [APPLICATION FOR AID.] The 
 21.9   commissioner, or any other agency to whom an appropriation is 
 21.10  made for a capital improvement, shall apply for the maximum 
 21.11  federal share for each project.  
 21.12     (b)  [ACCEPTANCE OF AID.] The commissioner is the state 
 21.13  agency empowered to accept money provided for or made available 
 21.14  to this state by the United States of America or any federal 
 21.15  department or agency for the construction and equipping of any 
 21.16  building for state purposes not otherwise provided for by law, 
 21.17  other than University of Minnesota buildings, in accordance with 
 21.18  the provisions of federal law and any rules or regulations 
 21.19  promulgated under federal law.  The commissioner may do whatever 
 21.20  is required of this state by federal law, rules, and regulations 
 21.21  in order to obtain the federal money.  
 21.22     (c)  [FEDERAL FUNDS CONSIDERED PART OF APPROPRIATION.] The 
 21.23  commissioner may after consultation with the chairs of the 
 21.24  appropriate senate finance committee and the house of 
 21.25  representatives appropriations ways and means committee, adopt a 
 21.26  plan, provide for an improvement, or construct a building that 
 21.27  contemplates expenditure for its completion of more money than 
 21.28  the appropriation for it, if the excess money is provided by the 
 21.29  United States government and granted to the state of Minnesota 
 21.30  under federal law or any rule or regulation promulgated under 
 21.31  federal law.  This federal money, for the purpose of this 
 21.32  section, is a part of the appropriation for the project.  
 21.33     (d)  [DELAYED FEDERAL MONEY.] If an amount is payable to a 
 21.34  creditor of the state from a project account which is financed 
 21.35  partly with federal money and the project is included in 
 21.36  appropriations made to the commissioner for public buildings and 
 22.1   equipment, and the amount cannot be paid on time because of a 
 22.2   deficiency of money in the project account caused by a delay in 
 22.3   the receipt of federal money, the commissioner may provide money 
 22.4   needed to pay the amount by temporarily transferring the sum to 
 22.5   the project account from any other appropriation made to the 
 22.6   commissioner in the same act.  Required money for a payment is 
 22.7   appropriated for that purpose.  When the delayed federal money 
 22.8   is received, the commissioner shall have the amount of money 
 22.9   transferred returned to the account from which it came.  
 22.10     Sec. 25.  Minnesota Statutes 1996, section 16B.335, 
 22.11  subdivision 1, is amended to read: 
 22.12     Subdivision 1.  [CONSTRUCTION AND MAJOR REMODELING.] (a) 
 22.13  The commissioner, or any other recipient to whom an 
 22.14  appropriation is made to acquire or better public lands or 
 22.15  buildings or other public improvements of a capital nature, must 
 22.16  not prepare final plans and specifications for any construction, 
 22.17  major remodeling, or land acquisition in anticipation of which 
 22.18  the appropriation was made until the agency that will use the 
 22.19  project has presented the program plan and cost estimates for 
 22.20  all elements necessary to complete the project to the chair of 
 22.21  the appropriate senate finance committee and the chair of the 
 22.22  house ways and means committee and the chairs have made their 
 22.23  recommendations, and the chair of the house capital investment 
 22.24  committee is notified.  "Construction or major remodeling" means 
 22.25  construction of a new building or substantial alteration of the 
 22.26  exterior dimensions or interior configuration of an existing 
 22.27  building.  The presentation must note any significant changes in 
 22.28  the work that will be done, or in its cost, since the 
 22.29  appropriation for the project was enacted or from the predesign 
 22.30  submittal.  The program plans and estimates must be presented 
 22.31  for review at least two weeks before a recommendation is 
 22.32  needed.  The recommendations are advisory only.  Failure or 
 22.33  refusal to make a recommendation is considered a negative 
 22.34  recommendation.  The chairs of the appropriate senate finance 
 22.35  committee, the house capital investment committee, and the house 
 22.36  ways and means committee must also be notified whenever there is 
 23.1   a substantial change in a construction or major remodeling 
 23.2   project, or in its cost. 
 23.3      (b) Capital projects exempt from the requirements of this 
 23.4   section include construction, renovation, or improvements to 
 23.5   dams, highway rest areas, truck stations, storage facilities not 
 23.6   consisting primarily of offices or heated work areas, trails, 
 23.7   bike paths, sewer separation projects, water and wastewater 
 23.8   facilities, campgrounds, roads, bridges, or any other capital 
 23.9   project with a construction cost of less than $200,000. 
 23.10     Sec. 26.  Minnesota Statutes 1996, section 16B.335, 
 23.11  subdivision 2, is amended to read: 
 23.12     Subd. 2.  [OTHER PROJECTS.] All other capital projects for 
 23.13  which a specific appropriation is made must not proceed until 
 23.14  the recipient undertaking the project has notified the chair of 
 23.15  the appropriate senate finance committee, the chair of the house 
 23.16  capital investment committee, and the chair of the house ways 
 23.17  and means committee that the work is ready to begin.  Notice is 
 23.18  not required for capital projects needed to comply with the 
 23.19  Americans with Disabilities Act or funded by an agency's 
 23.20  operating budget or by a capital asset preservation and 
 23.21  replacement account under section 16A.632, or a higher education 
 23.22  capital asset preservation and renewal account under section 
 23.23  135A.046. 
 23.24     Sec. 27.  Minnesota Statutes 1996, section 16B.335, 
 23.25  subdivision 5, is amended to read: 
 23.26     Subd. 5.  [INFORMATION TECHNOLOGY.] Agency requests for 
 23.27  construction and remodeling funds shall include money for 
 23.28  cost-effective information technology investments that would 
 23.29  enable an agency to reduce its need for office space, provide 
 23.30  more of its services electronically, and decentralize its 
 23.31  operations.  The information policy office must review and 
 23.32  approve the information technology portion of construction and 
 23.33  major remodeling program plans before the plans are submitted to 
 23.34  the chairs of the appropriate senate finance committee and the 
 23.35  house of representatives ways and means committee for their 
 23.36  recommendations and the chair of the house of representatives 
 24.1   capital investment committee is notified as required by 
 24.2   subdivision 1. 
 24.3      Sec. 28.  Minnesota Statutes 1996, section 16B.41, 
 24.4   subdivision 2, is amended to read: 
 24.5      Subd. 2.  [RESPONSIBILITIES.] The office has the following 
 24.6   duties: 
 24.7      (a) The office must develop and establish a state 
 24.8   information architecture to ensure that further state agency 
 24.9   development and purchase of information systems equipment and 
 24.10  software is directed in such a manner that individual agency 
 24.11  information systems complement and do not needlessly duplicate 
 24.12  or needlessly conflict with the systems of other agencies.  In 
 24.13  those instances where state agencies have need for the same or 
 24.14  similar computer data, the commissioner shall ensure that the 
 24.15  most efficient and cost-effective method of producing and 
 24.16  storing data for or sharing data between those agencies is 
 24.17  used.  The development of this information architecture must 
 24.18  include the establishment of standards and guidelines to be 
 24.19  followed by state agencies.  On January 1, 1988, and every six 
 24.20  months thereafter, any state agency that has purchased 
 24.21  information systems equipment or software in the past six 
 24.22  months, or that is contemplating purchasing this equipment or 
 24.23  software in the next six months, must report to the office and 
 24.24  to the chairs of the house ways and means committee and the 
 24.25  appropriate senate finance committee on how the purchases or 
 24.26  proposed purchases comply with the applicable standards and 
 24.27  guidelines.  
 24.28     (b) The office shall assist state agencies in the planning 
 24.29  and management of information systems so that an individual 
 24.30  information system reflects and supports the state agency's and 
 24.31  the state's mission, requirements, and functions.  
 24.32     (c) The office must review and approve all agency requests 
 24.33  for legislative appropriations for the development or purchase 
 24.34  of information systems equipment or software.  Requests may not 
 24.35  be included in the governor's budget submitted to the 
 24.36  legislature, unless the office has approved the request. 
 25.1      (d) Each biennium the office must rate agency requests for 
 25.2   new appropriations for development or purchase of information 
 25.3   systems equipment or software based on established information 
 25.4   management criteria.  The office must submit this rating to the 
 25.5   legislature at the same time, or no later than 14 days after, 
 25.6   the governor submits the budget message to the legislature.  The 
 25.7   governor must provide information necessary to rate agency 
 25.8   requests to the office. 
 25.9      (e) The office must define, review, and approve major 
 25.10  purchases of information systems equipment to (1) ensure that 
 25.11  the equipment follows the standards and guidelines of the state 
 25.12  information architecture; (2) ensure that the equipment is 
 25.13  consistent with the information management principles adopted by 
 25.14  the information policy council; (3) evaluate whether or not the 
 25.15  agency's proposed purchase reflects a cost-effective policy 
 25.16  regarding volume purchasing; and (4) ensure the equipment is 
 25.17  consistent with other systems in other state agencies so that 
 25.18  data can be shared among agencies, unless the office determines 
 25.19  that the agency purchasing the equipment has special needs 
 25.20  justifying the inconsistency.  The commissioner of finance may 
 25.21  not allot funds appropriated for major purchases of information 
 25.22  systems equipment until the office reviews and approves the 
 25.23  proposed purchase.  A public institution of higher education may 
 25.24  purchase up to $250,000 of equipment or other computer 
 25.25  technology to connect the college or university to sites outside 
 25.26  the institution without the prior approval of the office.  
 25.27     (f) The office shall review the operation of information 
 25.28  systems by state agencies and provide advice and assistance so 
 25.29  that these systems are operated efficiently and continually meet 
 25.30  the standards and guidelines established by the office.  These 
 25.31  standards and guidelines shall emphasize uniformity that 
 25.32  encourages information interchange, open systems environments, 
 25.33  and portability of information whenever practicable and 
 25.34  consistent with an agency's authority and the Minnesota 
 25.35  government data practices act.  The office, in consultation with 
 25.36  the intergovernmental information systems advisory council and 
 26.1   the legislative reference library, shall adopt specific 
 26.2   standards and guidelines to be met by each state agency within a 
 26.3   time period fixed by the office in regard to the following: 
 26.4      (1) establishment of methodologies and systems directed at 
 26.5   reducing and ultimately eliminating redundant storage of data 
 26.6   and encouraging greater use of central databases; 
 26.7      (2) establishment of data retention schedules, disaster 
 26.8   recovery plans and systems, security systems, and procedural 
 26.9   safeguards concerning privacy of data; 
 26.10     (3) establishment of pricing policies and incentives that 
 26.11  encourage electronic transfer of information in electronic 
 26.12  forms, while giving due consideration to the value and cost of 
 26.13  providing the information in those forms.  These pricing 
 26.14  policies may include preferential prices for information 
 26.15  requested by a public entity for a public purpose; and 
 26.16     (4) establishment of information sales systems that utilize 
 26.17  licensing and royalty agreements to the greatest extent 
 26.18  possible, together with procedures for agency denial of requests 
 26.19  for licenses or royalty agreements by commercial users or 
 26.20  resellers of the information.  Section 3.751 does not apply to 
 26.21  these licensing and royalty agreements and the agreements must 
 26.22  include provisions that section 3.751 does not apply and that 
 26.23  the state is immune from liability under the agreement. 
 26.24     If an agency needs additional funds to comply with the 
 26.25  requirements of this paragraph, the agency must first obtain 
 26.26  approval of the proposal by the office as required by paragraph 
 26.27  (c) before submitting it to the legislature. 
 26.28     (g) The office must conduct a comprehensive review at least 
 26.29  every three years of the information systems investments that 
 26.30  have been made by state agencies and higher education 
 26.31  institutions.  The review must include recommendations on any 
 26.32  information systems applications that could be provided in a 
 26.33  more cost beneficial manner by an outside source.  The office 
 26.34  must report the results of its review to the legislature and the 
 26.35  governor.  
 26.36     (h) The office shall recommend to the legislature any 
 27.1   statutory changes that are necessary or desirable to accomplish 
 27.2   the duties described in this subdivision. 
 27.3      (i) The office must report to the legislature by January 15 
 27.4   each year on progress in implementing paragraph (f), clauses (1) 
 27.5   to (4). 
 27.6      Sec. 29.  Minnesota Statutes 1996, section 16B.87, 
 27.7   subdivision 4, is amended to read: 
 27.8      Subd. 4.  [REPORT.] The commissioner of administration 
 27.9   shall submit a report to the governor and the chairs of the 
 27.10  house appropriations ways and means committee and the 
 27.11  appropriate senate finance committees committee by January 15 
 27.12  each year, reporting the amount and conditions of any loan and 
 27.13  other matters concerning the operation of the committee. 
 27.14     Sec. 30.  Minnesota Statutes 1996, section 16D.03, 
 27.15  subdivision 3, is amended to read: 
 27.16     Subd. 3.  [REPORT OF THE COMMISSIONER.] By January 15 of 
 27.17  each year, the commissioner of finance shall report on the 
 27.18  management of debts owed the state, including performance 
 27.19  measurements and progress of the debt collection efforts 
 27.20  undertaken by state agencies and the commissioner.  The report 
 27.21  must be made to the governor and the chairs of the committee on 
 27.22  state government finance of the senate and the committee on ways 
 27.23  and means of the house of representatives. 
 27.24     Sec. 31.  Minnesota Statutes 1996, section 17B.15, 
 27.25  subdivision 1, is amended to read: 
 27.26     Subdivision 1.  [ADMINISTRATION; APPROPRIATION.] The fees 
 27.27  for inspection and weighing shall be fixed by the commissioner 
 27.28  and be a lien upon the grain.  The commissioner shall set fees 
 27.29  for all inspection and weighing in an amount adequate to pay the 
 27.30  expenses of carrying out and enforcing the purposes of sections 
 27.31  17B.01 to 17B.23, including the portion of general support costs 
 27.32  and statewide indirect costs of the agency attributable to that 
 27.33  function, with a reserve sufficient for up to six months.  The 
 27.34  commissioner shall review the fee schedule twice each year.  Fee 
 27.35  adjustments are not subject to chapter 14.  Payment shall be 
 27.36  required for services rendered.  If the grain is in transit, the 
 28.1   fees shall be paid by the carrier and treated as advance 
 28.2   charges, and, if received for storage, the fees shall be paid by 
 28.3   the warehouse operator, and added to the storage charges. 
 28.4      All fees collected and all fines and penalties for 
 28.5   violation of any provision of this chapter shall be deposited in 
 28.6   the grain inspection and weighing account, which is created in 
 28.7   the state treasury for carrying out the purpose of sections 
 28.8   17B.01 to 17B.23.  The money in the account, including interest 
 28.9   earned on the account, is annually appropriated to the 
 28.10  commissioner of agriculture to administer the provisions of 
 28.11  sections 17B.01 to 17B.23.  When money from any other account is 
 28.12  used to administer sections 17B.01 to 17B.23, the commissioner 
 28.13  shall notify the chairs of the agriculture, environment and 
 28.14  natural resources finance, and ways and means committees of the 
 28.15  house of representatives; the agriculture and rural development 
 28.16  and finance committees of the senate; and the finance division 
 28.17  of the environment and natural resources committee agriculture 
 28.18  budget division of the senate. 
 28.19     Sec. 32.  Minnesota Statutes 1996, section 18E.06, is 
 28.20  amended to read: 
 28.21     18E.06 [REPORT TO WATER COMMISSION.] 
 28.22     By September 1, 1994, and each year thereafter, the 
 28.23  agricultural chemical response compensation board and the 
 28.24  commissioner shall submit to the house of representatives 
 28.25  committee on ways and means, the senate committee on state 
 28.26  government finance, and the environmental quality board, and the 
 28.27  legislative water commission a report detailing the activities 
 28.28  and reimbursements for which money from the account has been 
 28.29  spent during the previous year. 
 28.30     Sec. 33.  Minnesota Statutes 1996, section 43A.191, 
 28.31  subdivision 3, is amended to read: 
 28.32     Subd. 3.  [AUDITS; SANCTIONS AND INCENTIVES.] (a) The 
 28.33  commissioner shall annually audit the record of each agency to 
 28.34  determine the rate of compliance with affirmative action 
 28.35  requirements. 
 28.36     (b) By March 1 of each odd-numbered year, the commissioner 
 29.1   shall submit a report on affirmative action progress of each 
 29.2   agency and the state as a whole to the governor and to the 
 29.3   finance committee committees of the senate, the ways and means 
 29.4   committee of the house of representatives, the governmental 
 29.5   operations committees of both houses of the legislature, and the 
 29.6   legislative commission on employee relations.  The report must 
 29.7   include noncompetitive appointments made under section 43A.08, 
 29.8   subdivision 2a, or 43A.15, subdivisions 3 to 13, and cover each 
 29.9   agency's rate of compliance with affirmative action requirements.
 29.10     (c) An agency that does not meet its hiring goals must 
 29.11  justify its nonaffirmative action hires in competitive and 
 29.12  noncompetitive appointments according to criteria issued by the 
 29.13  department of employee relations.  "Missed opportunity" includes 
 29.14  failure to justify a nonaffirmative action hire.  An agency must 
 29.15  have 25 percent or less missed opportunities in competitive 
 29.16  appointments and 25 percent or less missed opportunities in 
 29.17  appointments made under sections 43A.08, subdivisions 1, clauses 
 29.18  (9), (11), and (16); and 2a; and 43A.15, subdivisions 3, 10, 12, 
 29.19  and 13.  In addition, an agency shall: 
 29.20     (1) demonstrate a good faith effort to recruit protected 
 29.21  group members by following an active recruitment plan; 
 29.22     (2) implement a coordinated retention plan; and 
 29.23     (3) have an established complaint resolution procedure. 
 29.24     (d) The commissioner shall develop reporting standards and 
 29.25  procedures for measuring compliance. 
 29.26     (e) An agency is encouraged to develop other innovative 
 29.27  ways to promote awareness, acceptance, and appreciation for 
 29.28  diversity and affirmative action.  These innovations will be 
 29.29  considered when evaluating an agency's compliance with this 
 29.30  section. 
 29.31     (f) An agency not in compliance with affirmative action 
 29.32  requirements of this section must identify methods and programs 
 29.33  to improve performance, to reallocate resources internally in 
 29.34  order to increase support for affirmative action programs, and 
 29.35  to submit program and resource reallocation proposals to the 
 29.36  commissioner for approval.  An agency must submit these 
 30.1   proposals within 120 days of being notified by the commissioner 
 30.2   that it is out of compliance with affirmative action 
 30.3   requirements.  The commissioner shall monitor quarterly the 
 30.4   affirmative action programs of an agency found to be out of 
 30.5   compliance. 
 30.6      (g) The commissioner shall establish a program to recognize 
 30.7   an agency that has made significant and measurable progress in 
 30.8   implementing an affirmative action plan. 
 30.9      Sec. 34.  Minnesota Statutes 1996, section 62R.25, is 
 30.10  amended to read: 
 30.11     62R.25 [NOTIFICATION OF CONTRACT; REPORT TO LEGISLATURE.] 
 30.12     (a) Each health provider cooperative shall notify the 
 30.13  office of rural health in writing upon entering a contract 
 30.14  described in section 62R.17. 
 30.15     (b) The department of health, office of rural health, shall 
 30.16  provide an information report to the MinnesotaCare finance 
 30.17  division of the house health and human services committee and 
 30.18  the senate health care and family security committee no later 
 30.19  than January 15, 1999, on the status of direct contracting 
 30.20  between health provider cooperatives and self-insured employer 
 30.21  plans or qualified employers in accordance with sections 62R.17 
 30.22  to 62R.26.  The report shall consider the effects on public 
 30.23  policy and on health provider cooperatives of a possible 
 30.24  requirement that health provider cooperatives using direct 
 30.25  contracting be obligated to become community integrated service 
 30.26  networks. 
 30.27     Sec. 35.  Minnesota Statutes 1996, section 97A.0453, is 
 30.28  amended to read: 
 30.29     97A.0453 [NOTICE TO COMMITTEES FOR FEES FIXED BY RULE.] 
 30.30     Before the commissioner submits notice to the State 
 30.31  Register of intent to adopt emergency rules that establish or 
 30.32  adjust fees, the commissioner shall send a copy of the notice 
 30.33  and the proposed rules to the chairs of the house ways and means 
 30.34  committee and the senate committee on state government finance. 
 30.35     Sec. 36.  Minnesota Statutes 1996, section 115A.07, 
 30.36  subdivision 2, is amended to read: 
 31.1      Subd. 2.  [BIENNIAL REPORT.] Before November 15 of each 
 31.2   even-numbered year the director shall prepare and submit to the 
 31.3   environment and natural resources committees of the senate and 
 31.4   house of representatives, the finance environment and 
 31.5   agriculture budget division of the senate committee on 
 31.6   environment and natural resources, and the house of 
 31.7   representatives committee on environment and natural resources 
 31.8   finance a report of the office's operations and activities 
 31.9   pursuant to sections 115A.01 to 115A.72 and any recommendations 
 31.10  for legislative action.  The report shall include a proposed 
 31.11  work plan for the following biennium.  
 31.12     Sec. 37.  Minnesota Statutes 1996, section 115A.07, 
 31.13  subdivision 3, is amended to read: 
 31.14     Subd. 3.  [UNIFORM WASTE STATISTICS; RULES.] The director, 
 31.15  after consulting with the commissioner, local government units, 
 31.16  and other interested persons, may adopt rules to establish 
 31.17  uniform methods for collecting and reporting waste reduction, 
 31.18  generation, collection, transportation, storage, recycling, 
 31.19  processing, and disposal statistics necessary for proper waste 
 31.20  management and for reporting required by law.  Prior to 
 31.21  publishing proposed rules, the director shall submit draft rules 
 31.22  to the environment and natural resources committees of the 
 31.23  senate and house of representatives, the finance environment and 
 31.24  agriculture budget division of the senate committee on 
 31.25  environment and natural resources, and the house of 
 31.26  representatives committee on environment and natural resources 
 31.27  finance for review and comment.  Rules adopted under this 
 31.28  subdivision apply to all persons and units of government in the 
 31.29  state for the purpose of collecting and reporting waste-related 
 31.30  statistics requested under or required by law. 
 31.31     Sec. 38.  Minnesota Statutes 1996, section 115A.15, 
 31.32  subdivision 5, is amended to read: 
 31.33     Subd. 5.  [REPORTS.] (a) By January 1 of each odd-numbered 
 31.34  year, the commissioner of administration shall submit a report 
 31.35  to the governor and to the environment and natural resources 
 31.36  committees of the senate and house of representatives, the 
 32.1   finance environment and agriculture budget division of the 
 32.2   senate committee on environment and natural resources, and the 
 32.3   house of representatives committee on environment and natural 
 32.4   resources finance summarizing past activities and proposed goals 
 32.5   of the program for the following biennium.  The report shall 
 32.6   include at least: 
 32.7      (1) a summary list of product and commodity purchases that 
 32.8   contain recycled materials; 
 32.9      (2) the results of any performance tests conducted on 
 32.10  recycled products and agencies' experience with recycled 
 32.11  products used; 
 32.12     (3) a list of all organizations participating in and using 
 32.13  the cooperative purchasing program; and 
 32.14     (4) a list of products and commodities purchased for their 
 32.15  recyclability and of recycled products reviewed for purchase. 
 32.16     (b) By July 1 of each even-numbered year, the commissioner 
 32.17  of the pollution control agency and the commissioner of public 
 32.18  service shall submit recommendations to the commissioner 
 32.19  regarding the operation of the program. 
 32.20     Sec. 39.  Minnesota Statutes 1996, section 115A.158, 
 32.21  subdivision 2, is amended to read: 
 32.22     Subd. 2.  [PROCEDURE; EVALUATION; REPORT.] In requesting 
 32.23  proposals, the office shall inform potential developers of the 
 32.24  assistance available to them in siting and establishing 
 32.25  hazardous waste processing and collection facilities and 
 32.26  services in the state and improved industrial waste management 
 32.27  in the state, including the availability of sites listed on the 
 32.28  office's inventory of preferred areas for hazardous waste 
 32.29  processing facilities, the authority of the office to acquire 
 32.30  sites and order the establishment of facilities in those areas, 
 32.31  the policies and objectives of the hazardous waste management 
 32.32  plan, and the availability of information developed by the 
 32.33  office on hazardous or industrial waste generation and 
 32.34  management in the state.  
 32.35     The office shall evaluate the proposals received in 
 32.36  response to its request and determine the extent to which the 
 33.1   proposals demonstrate the qualifications of the developers, the 
 33.2   technical and economic feasibility of the proposed facility or 
 33.3   service, and the extent to which the proposed facility or 
 33.4   service will contribute in a significant way to the achievement 
 33.5   of the policies and objectives of the hazardous waste management 
 33.6   plan.  
 33.7      The office shall report to the environment and natural 
 33.8   resources committees of the senate and house of representatives, 
 33.9   the finance environment and agriculture budget division of the 
 33.10  senate committee on environment and natural resources, and the 
 33.11  house of representatives committee on environment and natural 
 33.12  resources finance on the proposals that it has received and 
 33.13  evaluated, and on the legislative, regulatory, and other actions 
 33.14  needed to develop and operate the proposed facilities or 
 33.15  services. 
 33.16     Sec. 40.  Minnesota Statutes 1996, section 115A.411, 
 33.17  subdivision 1, is amended to read: 
 33.18     Subdivision 1.  [AUTHORITY; PURPOSE.] The director with 
 33.19  assistance from the commissioner shall prepare and adopt a 
 33.20  report on solid waste management policy.  The report must be 
 33.21  submitted by the director to the environment and natural 
 33.22  resources committees of the senate and house of representatives, 
 33.23  the finance environment and agriculture budget division of the 
 33.24  senate committee on environment and natural resources, and the 
 33.25  house of representatives committee on environment and natural 
 33.26  resources finance by July November 1 of each odd-numbered year 
 33.27  and shall include reports required under sections 115A.55, 
 33.28  subdivision 4, paragraph (b); 115A.551, subdivision 4; 115A.557, 
 33.29  subdivision 4; 473.149, subdivision 6; 473.846; and 473.848, 
 33.30  subdivision 4. 
 33.31     Sec. 41.  Minnesota Statutes 1996, section 115A.55, 
 33.32  subdivision 4, is amended to read: 
 33.33     Subd. 4.  [STATEWIDE SOURCE REDUCTION GOAL.] (a) It is a 
 33.34  goal of the state that there be a minimum ten percent per capita 
 33.35  reduction in the amount of mixed municipal solid waste generated 
 33.36  in the state by December 31, 2000, based on a reasonable 
 34.1   estimate of the amount of mixed municipal solid waste that was 
 34.2   generated in calendar year 1993. 
 34.3      (b) As part of the 1997 report required under section 
 34.4   115A.411, the director shall submit to the environment and 
 34.5   natural resources committees of the senate and house of 
 34.6   representatives, the finance environment and agriculture budget 
 34.7   division of the senate committee on environment and natural 
 34.8   resources, and the house of representatives committee on 
 34.9   environment and natural resources finance a proposed strategy 
 34.10  for meeting the goal in paragraph (a).  The strategy must 
 34.11  include a discussion of the different reduction potentials to be 
 34.12  found in various sectors and may include recommended interim 
 34.13  goals.  The director shall report progress on meeting the goal 
 34.14  in paragraph (a), as well as recommendations and revisions to 
 34.15  the proposed strategy, as part of the 1999 report required under 
 34.16  section 115A.411. 
 34.17     Sec. 42.  Minnesota Statutes 1996, section 115A.5501, 
 34.18  subdivision 2, is amended to read: 
 34.19     Subd. 2.  [MEASUREMENT; PROCEDURES.] To measure the overall 
 34.20  percentage of packaging in the statewide solid waste stream, the 
 34.21  director, in consultation with the commissioner, shall conduct 
 34.22  annual solid waste composition studies in the nonmetropolitan 
 34.23  and metropolitan areas or shall develop an alternative method 
 34.24  that is as statistically reliable as a waste composition study 
 34.25  to measure the percentage of packaging in the waste stream. 
 34.26     The director shall average the nonmetropolitan and 
 34.27  metropolitan results and submit the statewide percentage, along 
 34.28  with a statistically reliable margin of error, to the 
 34.29  environment and natural resources committees of the senate and 
 34.30  house of representatives, the finance environment and 
 34.31  agriculture budget division of the senate committee on 
 34.32  environment and natural resources, and the house of 
 34.33  representatives committee on environment and natural resources 
 34.34  finance by July 1 of each year.  The 1994 report must include a 
 34.35  discussion of the reliability of data gathered under this 
 34.36  subdivision and the methodology used to determine a 
 35.1   statistically reliable margin of error. 
 35.2      Sec. 43.  Minnesota Statutes 1996, section 115A.551, 
 35.3   subdivision 4, is amended to read: 
 35.4      Subd. 4.  [INTERIM MONITORING.] The director shall monitor 
 35.5   the progress of each county toward meeting the recycling goals 
 35.6   in subdivisions 2 and 2a.  The director shall report to the 
 35.7   environment and natural resources committees of the senate and 
 35.8   house of representatives, the finance environment and 
 35.9   agriculture budget division of the senate committee on 
 35.10  environment and natural resources, and the house of 
 35.11  representatives committee on environment and natural resources 
 35.12  finance on the progress of the counties by July November 1 of 
 35.13  each odd-numbered year.  If the director finds that a county is 
 35.14  not progressing toward the goals in subdivisions 2 and 2a, it 
 35.15  shall negotiate with the county to develop and implement solid 
 35.16  waste management techniques designed to assist the county in 
 35.17  meeting the goals, such as organized collection, curbside 
 35.18  collection of source-separated materials, and volume-based 
 35.19  pricing. 
 35.20     The progress report shall be included in the report 
 35.21  required under section 115A.411.  
 35.22     Sec. 44.  Minnesota Statutes 1996, section 115A.551, 
 35.23  subdivision 5, is amended to read: 
 35.24     Subd. 5.  [FAILURE TO MEET GOAL.] (a) A county failing to 
 35.25  meet the interim goals in subdivision 3 shall, as a minimum: 
 35.26     (1) notify county residents of the failure to achieve the 
 35.27  goal and why the goal was not achieved; and 
 35.28     (2) provide county residents with information on recycling 
 35.29  programs offered by the county. 
 35.30     (b) If, based on the recycling monitoring described in 
 35.31  subdivision 4, the director finds that a county will be unable 
 35.32  to meet the recycling goals established in subdivisions 2 and 
 35.33  2a, the director shall, after consideration of the reasons for 
 35.34  the county's inability to meet the goals, recommend legislation 
 35.35  for consideration by the environment and natural resources 
 35.36  committees of the senate and house of representatives, the 
 36.1   finance environment and agriculture budget division of the 
 36.2   senate committee on environment and natural resources, and the 
 36.3   house of representatives committee on environment and natural 
 36.4   resources finance to establish mandatory recycling standards and 
 36.5   to authorize the director to mandate appropriate solid waste 
 36.6   management techniques designed to meet the standards in those 
 36.7   counties that are unable to meet the goals. 
 36.8      Sec. 45.  Minnesota Statutes 1996, section 115A.557, 
 36.9   subdivision 4, is amended to read: 
 36.10     Subd. 4.  [REPORT.] By July November 1 of each odd-numbered 
 36.11  year, the director shall report on how the money was spent and 
 36.12  the resulting statewide improvements in solid waste management 
 36.13  to the house of representatives and senate appropriations, 
 36.14  finance, and environment and natural resources committees, the 
 36.15  finance environment and agriculture budget division of the 
 36.16  senate committee on environment and natural resources, and the 
 36.17  house of representatives committee on environment and natural 
 36.18  resources finance.  The report shall be included in the report 
 36.19  required under section 115A.411. 
 36.20     Sec. 46.  Minnesota Statutes 1996, section 115A.965, 
 36.21  subdivision 7, is amended to read: 
 36.22     Subd. 7.  [REPORT.] By September 1 of each odd-numbered 
 36.23  year, the commissioner shall prepare and submit to the 
 36.24  environment and natural resources committees of the senate and 
 36.25  house of representatives, the finance environment and 
 36.26  agriculture budget division of the senate committee on 
 36.27  environment and natural resources, and the house of 
 36.28  representatives committee on environment and natural resources 
 36.29  finance a report to include: 
 36.30     (1) enforcement actions taken by the commissioner under 
 36.31  this section for the reporting period; and 
 36.32     (2) issues and disputes that have arisen under this 
 36.33  section, the recommendations made by the Toxics in Packaging 
 36.34  Clearinghouse for resolution of those issues and disputes, and 
 36.35  how those issues and disputes were finally resolved by the 
 36.36  commissioner. 
 37.1      Sec. 47.  Minnesota Statutes 1996, section 115A.9651, 
 37.2   subdivision 2, is amended to read: 
 37.3      Subd. 2.  [TEMPORARY EXEMPTION.] (a) An item listed in 
 37.4   subdivision 1 is exempt from this section until July 1, 1998, if 
 37.5   the manufacturer of the item submitted to the commissioner a 
 37.6   written request for an exemption by August 1, 1994.  The request 
 37.7   must include at least: 
 37.8      (1) an explanation of why compliance is not technically 
 37.9   feasible at the time of the request; 
 37.10     (2) how the manufacturer will comply by July 1, 1997; and 
 37.11     (3) the name, address, and telephone number of a person the 
 37.12  commissioner can contact for further information. 
 37.13     (b) By September 1, 1994, a person who uses an item listed 
 37.14  in subdivision 1, into which one of the listed metals has been 
 37.15  intentionally introduced, may submit, on behalf of the 
 37.16  manufacturer, a request for temporary exemption only if the 
 37.17  manufacturer fails to submit an exemption request as provided in 
 37.18  paragraph (a).  The request must include: 
 37.19     (1) an explanation of why the person must continue to use 
 37.20  the item and a discussion of potential alternatives; 
 37.21     (2) an explanation of why it is not technically feasible at 
 37.22  the time of the request to formulate or manufacture the item 
 37.23  without intentionally introducing a listed metal; 
 37.24     (3) that the person will seek alternatives to using the 
 37.25  item by July 1, 1997, if it still contains an intentionally 
 37.26  introduced listed metal; and 
 37.27     (4) the name, address, and telephone number of a person the 
 37.28  commissioner can contact for further information. 
 37.29     (c) A person who submits a request for temporary exemption 
 37.30  under paragraph (b) may submit a request for a temporary 
 37.31  exemption after September 1, 1994, for an item that the person 
 37.32  will use as an alternative to the item for which the request was 
 37.33  originally made as long as the new item has a total 
 37.34  concentration level of all the listed metals that is 
 37.35  significantly less than in the original item.  An exemption 
 37.36  under this paragraph expires July 1, 1998, and the person who 
 38.1   requests it must submit the progress description required in 
 38.2   paragraph (e). 
 38.3      (d) By October 1, 1994, and annually thereafter if requests 
 38.4   are received under paragraph (c), the commissioner shall submit 
 38.5   to the environment and natural resources committees of the 
 38.6   senate and house of representatives, the finance environment and 
 38.7   agriculture budget division of the senate committee on 
 38.8   environment and natural resources, and the house of 
 38.9   representatives committee on environment and natural resources 
 38.10  finance a list of manufacturers and persons that have requested 
 38.11  an exemption under this subdivision and the items for which 
 38.12  exemptions were sought, along with copies of the requests. 
 38.13     (e) By July 1, 1996, each manufacturer on the list shall 
 38.14  submit to the commissioner a description of the progress the 
 38.15  manufacturer has made toward compliance with subdivision 1, and 
 38.16  the date compliance has been achieved or the date on or before 
 38.17  July 1, 1998, by which the manufacturer anticipates achieving 
 38.18  compliance.  By July 1, 1996, each person who has requested an 
 38.19  exemption under paragraph (b) or (c) shall submit to the 
 38.20  commissioner: 
 38.21     (1) a description of progress made to eliminate the listed 
 38.22  metal or metals from the item or progress made by the person to 
 38.23  find a replacement item that does not contain an intentionally 
 38.24  introduced listed metal; and 
 38.25     (2) the date or anticipated date the item is or will be 
 38.26  free of intentionally introduced metals or the date the person 
 38.27  has stopped or will stop using the item. 
 38.28     By October 1, 1996, the commissioner shall submit to the 
 38.29  environment and natural resources committees of the senate and 
 38.30  house of representatives, the finance environment and 
 38.31  agriculture budget division of the senate committee on 
 38.32  environment and natural resources, and the house of 
 38.33  representatives committee on environment and natural resources 
 38.34  finance a summary of the progress made by the manufacturers and 
 38.35  other persons and any recommendations for appropriate 
 38.36  legislative or other action to ensure that products are not 
 39.1   distributed in the state after July 1, 1998, that violate 
 39.2   subdivision 1. 
 39.3      Sec. 48.  Minnesota Statutes 1996, section 115A.981, 
 39.4   subdivision 3, is amended to read: 
 39.5      Subd. 3.  [REPORT.] (a) The commissioner shall report to 
 39.6   the senate and house of representatives environment and natural 
 39.7   resource committees, the finance environment and agriculture 
 39.8   budget division of the senate committee on environment and 
 39.9   natural resources, and the house of representatives committee on 
 39.10  environment and natural resources finance by December 1 of each 
 39.11  odd-numbered year on the economic status and outlook of the 
 39.12  state's solid waste management sector including an estimate of 
 39.13  the extent to which prices for solid waste management paid by 
 39.14  consumers reflect costs related to environmental and public 
 39.15  health protection, including a discussion of how prices are 
 39.16  publicly and privately subsidized and how identified costs of 
 39.17  waste management are not reflected in the prices.  
 39.18     (b) In preparing the report, the commissioner shall: 
 39.19     (1) consult with the director; local government units; 
 39.20  solid waste collectors, transporters, and processors; owners and 
 39.21  operators of solid waste facilities; and other interested 
 39.22  persons; 
 39.23     (2) consider and analyze information received under 
 39.24  subdivision 2 and information available under section 115A.929; 
 39.25  and 
 39.26     (3) analyze information gathered and comments received 
 39.27  relating to the most recent solid waste management policy report 
 39.28  prepared under section 115A.411. 
 39.29     The commissioner shall also recommend any legislation 
 39.30  necessary to ensure adequate and reliable information needed for 
 39.31  preparation of the report. 
 39.32     (c) The report must also include: 
 39.33     (1) statewide and facility by facility estimates of the 
 39.34  total potential costs and liabilities associated with solid 
 39.35  waste disposal facilities for closure and postclosure care, 
 39.36  response costs under chapter 115B, and any other potential 
 40.1   costs, liabilities, or financial responsibilities; 
 40.2      (2) statewide and facility by facility requirements for 
 40.3   proof of financial responsibility under section 116.07, 
 40.4   subdivision 4h, and how each facility is meeting those 
 40.5   requirements. 
 40.6      Sec. 49.  Minnesota Statutes 1996, section 115B.20, 
 40.7   subdivision 1, is amended to read: 
 40.8      Subdivision 1.  [ESTABLISHMENT.] (a) The environmental 
 40.9   response, compensation, and compliance account is in the 
 40.10  environmental fund in the state treasury and may be spent only 
 40.11  for the purposes provided in subdivision 2.  
 40.12     (b) The commissioner of finance shall administer a response 
 40.13  account for the agency and the commissioner of agriculture to 
 40.14  take removal, response, and other actions authorized under 
 40.15  subdivision 2, clauses (1) to (4) and (11) to (13).  The 
 40.16  commissioner of finance shall transfer money from the response 
 40.17  account to the agency and the commissioner of agriculture to 
 40.18  take actions required under subdivision 2, clauses (1) to (4) 
 40.19  and (11) to (13).  
 40.20     (c) The commissioner of finance shall administer the 
 40.21  account in a manner that allows the commissioner of agriculture 
 40.22  and the agency to utilize the money in the account to implement 
 40.23  their removal and remedial action duties as effectively as 
 40.24  possible. 
 40.25     (d) Amounts appropriated to the commissioner of finance 
 40.26  under this subdivision shall not be included in the department 
 40.27  of finance budget but shall be included in the pollution control 
 40.28  agency and department of agriculture budgets. 
 40.29     (e) All money recovered by the state under section 115B.04 
 40.30  or any other law for injury to, destruction of, or loss of 
 40.31  natural resources resulting from the release of a hazardous 
 40.32  substance, or a pollutant or contaminant, must be credited to 
 40.33  the environmental response, compensation, and compliance account 
 40.34  in the environmental fund and is appropriated to the 
 40.35  commissioner of natural resources for purposes of subdivision 2, 
 40.36  clause (6), consistent with any applicable term of judgments, 
 41.1   consent decrees, consent orders, or other administrative actions 
 41.2   requiring payments to the state for such purposes.  Before 
 41.3   making an expenditure of money appropriated under this 
 41.4   paragraph, the commissioner of natural resources shall provide 
 41.5   written notice of the proposed expenditure to the chairs of the 
 41.6   senate committee on state government finance, the house of 
 41.7   representatives committee on ways and means, the finance 
 41.8   environment and agriculture budget division of the senate 
 41.9   committee on environment and natural resources, and the house of 
 41.10  representatives committee on environment and natural resources 
 41.11  finance. 
 41.12     Sec. 50.  Minnesota Statutes 1996, section 115B.20, 
 41.13  subdivision 6, is amended to read: 
 41.14     Subd. 6.  [REPORT TO LEGISLATURE.] Each year, the 
 41.15  commissioner of agriculture and the agency shall submit to the 
 41.16  senate state government finance committee, the house ways and 
 41.17  means committee, the environment and natural resources 
 41.18  committees of the senate and house of representatives, 
 41.19  the finance environment and agriculture budget division of the 
 41.20  senate committee on environment and natural resources, and the 
 41.21  house of representatives committee on environment and natural 
 41.22  resources finance, and the environmental quality board, and the 
 41.23  legislative water commission a report detailing the activities 
 41.24  for which money from the account has been spent during the 
 41.25  previous fiscal year.  
 41.26     Sec. 51.  Minnesota Statutes 1996, section 115B.43, 
 41.27  subdivision 4, is amended to read: 
 41.28     Subd. 4.  [REIMBURSEMENT PLAN.] The commissioner shall 
 41.29  prepare a reimbursement plan and present it by October 1, 1995, 
 41.30  to the legislative commission on waste management, the chairs of 
 41.31  the senate finance committee and environment and natural 
 41.32  resources finance division and the committees on ways and means 
 41.33  and environment and natural resources finance of the house of 
 41.34  representatives, and owners and operators of, and persons 
 41.35  subject to a cleanup order at, qualified facilities.  The plan 
 41.36  shall identify sites where reimbursement will occur and the 
 42.1   estimated dollar amount for each site and shall set out 
 42.2   priorities and payment schedules.  The plan must give first 
 42.3   priority for reimbursement to persons who are not owners or 
 42.4   operators of qualified facilities. 
 42.5      Sec. 52.  Minnesota Statutes 1996, section 115C.093, is 
 42.6   amended to read: 
 42.7      115C.093 [CORRECTIVE ACTION PERFORMANCE AUDITS.] 
 42.8      (a) The board shall contract for performance audits of 
 42.9   corrective actions for which reimbursement is sought under 
 42.10  section 115C.09, subdivision 3, paragraph (a), clause (3), and 
 42.11  may contract for audits of other corrective actions.  
 42.12     (b) A responsible person may request a performance audit 
 42.13  under this section.  If the board denies the request, it must 
 42.14  provide the requester with the reasons for the denial. 
 42.15     (c) A performance audit conducted under this section must 
 42.16  evaluate the adequacy of the corrective actions, the validity of 
 42.17  the corrective action costs, and whether alternative methods or 
 42.18  technologies could have been used to carry out the corrective 
 42.19  actions at a lower cost.  The board shall report the results of 
 42.20  audits conducted under this section to the chairs of the senate 
 42.21  committees on environment and natural resources and commerce and 
 42.22  consumer protection, the finance environment and agriculture 
 42.23  budget division of the senate committee on environment and 
 42.24  natural resources, and the house of representatives committees 
 42.25  on environment and natural resources, environment and natural 
 42.26  resources finance, and commerce, tourism, and consumer affairs.  
 42.27  Money in the fund is appropriated to the board for the purposes 
 42.28  of this section. 
 42.29     Sec. 53.  Minnesota Statutes 1996, section 115D.10, is 
 42.30  amended to read: 
 42.31     115D.10 [TOXIC POLLUTION PREVENTION EVALUATION REPORT.] 
 42.32     The director, in cooperation with the commissioner and 
 42.33  commission, shall report to the environment and natural 
 42.34  resources committees of the senate and house of representatives, 
 42.35  the finance environment and agriculture budget division of the 
 42.36  senate committee on environment and natural resources, and the 
 43.1   house of representatives committee on environment and natural 
 43.2   resources finance on progress being made in achieving the 
 43.3   objectives of sections 115D.01 to 115D.12.  The report must be 
 43.4   submitted by February 1 of each even-numbered year. 
 43.5      Sec. 54.  Minnesota Statutes 1996, section 116.072, 
 43.6   subdivision 12, is amended to read: 
 43.7      Subd. 12.  [REPORT; ADMINISTRATIVE PENALTY ORDER.] (a) All 
 43.8   counties that have adopted ordinances allowing them to issue 
 43.9   administrative penalty orders shall report to the legislative 
 43.10  auditor by September 1, 1998, on administrative penalty activity 
 43.11  through August 1, 1998.  The reports must include at least the 
 43.12  following information:  the nature and number of orders and 
 43.13  penalties issued or forgiven, the nature and outcome of appeals 
 43.14  taken, how much revenue was collected from penalties and how it 
 43.15  was spent, and any other information a county board finds 
 43.16  relevant.  
 43.17     (b) The legislative audit commission is requested to direct 
 43.18  the legislative auditor to evaluate the data and report to the 
 43.19  environment and natural resources committees of the senate and 
 43.20  house of representatives, the finance environment and 
 43.21  agriculture budget division of the senate committee on 
 43.22  environment and natural resources, and the house of 
 43.23  representatives committee on environment and natural resources 
 43.24  finance by January 1, 1999, on at least the following matters:  
 43.25  the degree to which penalties were suitable to the gravity of 
 43.26  the violation, compliance with the implementation plan, and any 
 43.27  other information the auditor finds relevant.  In preparing the 
 43.28  report, the auditor shall solicit information from counties and 
 43.29  the regulated community and shall make recommendations as to 
 43.30  whether the administrative penalty authority should be 
 43.31  continued, discontinued, or continued with modifications and 
 43.32  make any other recommendations the auditor wishes to propose as 
 43.33  a result of the study. 
 43.34     Sec. 55.  Minnesota Statutes 1996, section 116.125, is 
 43.35  amended to read: 
 43.36     116.125 [NOTIFICATION OF FEE INCREASES.] 
 44.1      Before the pollution control agency adopts a fee increase 
 44.2   to cover an unanticipated shortfall in revenues, the 
 44.3   commissioner shall give written notice of the proposed increase 
 44.4   to the chairs of the senate committee on state government 
 44.5   finance, the house of representatives committee on ways and 
 44.6   means, the senate and house of representatives environment and 
 44.7   natural resources committees, the finance environment and 
 44.8   agriculture budget division of the senate committee on 
 44.9   environment and natural resources, and the house of 
 44.10  representatives committee on environment and natural resources 
 44.11  finance. 
 44.12     Sec. 56.  Minnesota Statutes 1996, section 116C.712, 
 44.13  subdivision 5, is amended to read: 
 44.14     Subd. 5.  [ASSESSMENT.] (a) A person, firm, corporation, or 
 44.15  association in the business of owning or operating a nuclear 
 44.16  fission electrical generating plant in this state shall pay an 
 44.17  assessment to cover the cost of: 
 44.18     (1) monitoring the federal high-level radioactive waste 
 44.19  program under the Nuclear Waste Policy Act, United States Code, 
 44.20  title 42, sections 10101 to 10226; 
 44.21     (2) advising the governor and the legislature on policy 
 44.22  issues relating to the federal high-level radioactive waste 
 44.23  disposal program; 
 44.24     (3) surveying existing literature and activity relating to 
 44.25  radioactive waste management, including storage, transportation, 
 44.26  and disposal, in the state; 
 44.27     (4) an advisory task force on low-level radioactive waste 
 44.28  deregulation, created by a law enacted in 1990 until July 1, 
 44.29  1996; and 
 44.30     (5) other general studies necessary to carry out the 
 44.31  purposes of this subdivision.  
 44.32     The assessment must not be more than the appropriation to 
 44.33  the office of strategic and long-range planning for these 
 44.34  purposes.  
 44.35     (b) The office shall bill the owner or operator of the 
 44.36  plant for the assessment at least 30 days before the start of 
 45.1   each quarter.  The assessment for the second quarter of each 
 45.2   fiscal year must be adjusted to compensate for the amount by 
 45.3   which actual expenditures by the office for the preceding year 
 45.4   were more or less than the estimated expenditures previously 
 45.5   assessed.  The billing may be made as an addition to the 
 45.6   assessments made under section 116C.69.  The owner or operator 
 45.7   of the plant must pay the assessment within 30 days after 
 45.8   receipt of the bill.  The assessment must be deposited in the 
 45.9   state treasury and credited to the special revenue fund. 
 45.10     (c) The authority for this assessment terminates when the 
 45.11  department of energy eliminates Minnesota from further siting 
 45.12  consideration for high-level radioactive waste by starting 
 45.13  construction of a high-level radioactive waste disposal site in 
 45.14  another state.  The assessment required for any quarter must be 
 45.15  reduced by the amount of federal grant money received by the 
 45.16  office of strategic and long-range planning for the purposes 
 45.17  listed in this section.  
 45.18     (d) The director of the office of strategic and long-range 
 45.19  planning must report annually by July 1 to the environment and 
 45.20  natural resources committees of the senate and house of 
 45.21  representatives, the finance environment and agriculture budget 
 45.22  division of the senate committee on environment and natural 
 45.23  resources, and the house of representatives committee on 
 45.24  environment and natural resources finance on activities assessed 
 45.25  under paragraph (a). 
 45.26     Sec. 57.  Minnesota Statutes 1996, section 116J.555, 
 45.27  subdivision 2, is amended to read: 
 45.28     Subd. 2.  [APPLICATION CYCLES; REPORTING TO LEGISLATURE.] 
 45.29  (a) In making grants, the commissioner shall establish 
 45.30  semiannual application deadlines in which grants will be 
 45.31  authorized from all or part of the available appropriations of 
 45.32  money in the account. 
 45.33     (b) After each semiannual cycle in which grants are 
 45.34  awarded, the commissioner shall report to the environment and 
 45.35  natural resources committees of the senate and house of 
 45.36  representatives, the finance environment and agriculture budget 
 46.1   division of the senate committee on environment and natural 
 46.2   resources, and the house of representatives committee on 
 46.3   environment and natural resources finance the grants awarded and 
 46.4   appropriate supporting information describing each grant made.  
 46.5   This report must be made within 30 days after the grants are 
 46.6   awarded. 
 46.7      (c) The commissioner shall annually report to the 
 46.8   legislative committees in paragraph (b) on the status of the 
 46.9   cleanup projects undertaken under grants made under the 
 46.10  programs.  The commissioner shall include in the annual report 
 46.11  information on the cleanup and development activities undertaken 
 46.12  for the grants made in that and previous fiscal years.  The 
 46.13  commissioner shall make this report no later than 120 days after 
 46.14  the end of the fiscal year. 
 46.15     Sec. 58.  Minnesota Statutes 1996, section 116J.581, 
 46.16  subdivision 1, is amended to read: 
 46.17     Subdivision 1.  [CREATION.] There is created a task force 
 46.18  on the state's economic future and competitiveness.  The task 
 46.19  force is composed of the governor (ex officio); the 
 46.20  commissioners of the departments of economic security, trade and 
 46.21  economic development, commerce, and labor and industry; the 
 46.22  chancellor of the board of trustees of the Minnesota state 
 46.23  colleges and universities; the president of the largest 
 46.24  statewide Minnesota organized labor organization as measured by 
 46.25  the number of its members in affiliated labor organizations; the 
 46.26  deans of the business schools at the University of Minnesota and 
 46.27  St. Thomas University and the Hubert H. Humphrey Institute of 
 46.28  Public Affairs; the science and technology advisor to the 
 46.29  governor; six representatives from private sector businesses 
 46.30  appointed by the governor, two from companies with more than 
 46.31  1,000 employees, two from companies with 101 to 1,000 employees, 
 46.32  and two from companies with less than 100 employees; two members 
 46.33  representing environmental interests; and designees of the 
 46.34  majority leader a member of the senate appointed by the 
 46.35  subcommittee on committees of the committee on rules and 
 46.36  administration and a member of the house of representatives 
 47.1   appointed by the minority leader of the house of 
 47.2   representatives.  The chair of the task force shall be elected 
 47.3   by the members from the private sector members.  Terms of 
 47.4   private sector members shall be for a minimum of three years and 
 47.5   a maximum of five years. 
 47.6      Sec. 59.  Minnesota Statutes 1996, section 116J.693, 
 47.7   subdivision 2, is amended to read: 
 47.8      Subd. 2.  [BOARD OF DIRECTORS.] (a) Advantage Minnesota, 
 47.9   Inc. shall be governed by a board of directors consisting of 
 47.10  voting and nonvoting members.  
 47.11     (b) The voting members of the board shall be:  
 47.12     (1) representatives of business, professional, and industry 
 47.13  organizations that have been certified by the commissioner as 
 47.14  having made a financial contribution to Advantage Minnesota, 
 47.15  Inc. for their period of service in accordance with matching 
 47.16  funds requirements established by the commissioner; 
 47.17     (2) representatives of labor organizations and educational 
 47.18  institutions, if any, as designated from time to time by the 
 47.19  board; 
 47.20     (3) the governor or a designee of the governor; 
 47.21     (4) the commissioner; and 
 47.22     (5) other persons, if any, as designated from time to time 
 47.23  by the board.  
 47.24     (c) The nonvoting members of the board shall be the 
 47.25  majority and minority leaders two members of the senate, 
 47.26  appointed by the subcommittee on committees of the committee on 
 47.27  rules and administration, one of whom must be a member of the 
 47.28  minority, and the speaker of the house of representatives and 
 47.29  the minority leader of the house of representatives, or their 
 47.30  designees.  
 47.31     (d) Meetings of the board are subject to section 471.705. 
 47.32     Sec. 60.  Minnesota Statutes 1996, section 116O.03, 
 47.33  subdivision 2, is amended to read: 
 47.34     Subd. 2.  [BOARD OF DIRECTORS.] The corporation is governed 
 47.35  by a board of 14 directors.  The membership terms, compensation, 
 47.36  removal, and filling of vacancies of public members of the board 
 48.1   are as provided in section 15.0575.  Membership of the board 
 48.2   consists of the following: 
 48.3      (1) a person from the private sector, appointed by the 
 48.4   governor, who shall act as chair and serve as chief science 
 48.5   advisor to the governor and the legislature; 
 48.6      (2) the dean of the institute of technology of the 
 48.7   University of Minnesota; 
 48.8      (3) the dean of the graduate school of the University of 
 48.9   Minnesota; 
 48.10     (4) the commissioner of the department of trade and 
 48.11  economic development; 
 48.12     (5) six members appointed by the governor, at least one of 
 48.13  whom must be a person from a public post-secondary system other 
 48.14  than the University of Minnesota; and 
 48.15     (6) one member who is not a member of the legislature 
 48.16  appointed by each of the following:  the speaker of the house of 
 48.17  representatives, and the house of representatives minority 
 48.18  leader, the senate majority leader, and the senate minority 
 48.19  leader; and 
 48.20     (7) two members who are not members of the legislature 
 48.21  appointed by the subcommittee on committees of the senate 
 48.22  committee on rules and administration. 
 48.23     At least 50 percent of the members described in clauses (5) 
 48.24  and (6) must live outside the metropolitan area as defined in 
 48.25  section 473.121, subdivision 2, and must have experience in 
 48.26  manufacturing, the technology industry, or research and 
 48.27  development. 
 48.28     Sec. 61.  Minnesota Statutes 1996, section 116O.071, 
 48.29  subdivision 3, is amended to read: 
 48.30     Subd. 3.  [AUTHORITY TO PERFORM REQUESTED EVALUATIONS.] The 
 48.31  governor, speaker of the house of representatives, house of 
 48.32  representatives minority leader, senate majority leader, senate 
 48.33  minority leader, chair of the house of representatives 
 48.34  appropriations ways and means committee, chair of the a senate 
 48.35  finance committee, director, or a member of the legislature 
 48.36  considering the introduction or approval of legislation 
 49.1   containing funding for scientifically and technologically 
 49.2   related research and development may request the corporation to 
 49.3   evaluate a loan or grant made or to be made or the proposed 
 49.4   legislation for funding scientifically and technologically 
 49.5   related research and development to determine (1) whether it 
 49.6   complies with the guidelines required by subdivision 1, clause 
 49.7   (1), item (ii); (2) whether it is technically feasible; and (3) 
 49.8   for development proposals, whether the proposal appears to have 
 49.9   the potential for economic development.  Ad hoc committees may 
 49.10  be appointed by the corporation. 
 49.11     Sec. 62.  Minnesota Statutes 1996, section 116O.09, 
 49.12  subdivision 2, is amended to read: 
 49.13     Subd. 2.  [DUTIES.] (a) In addition to the duties and 
 49.14  powers assigned to the institutes in section 116O.08, the 
 49.15  agricultural utilization research institute shall: 
 49.16     (1) identify the various market segments characterized by 
 49.17  Minnesota's agricultural industry, address each segment's 
 49.18  individual needs, and identify development opportunities in each 
 49.19  segment; 
 49.20     (2) develop and implement a utilization program for each 
 49.21  segment that addresses its development needs and identifies 
 49.22  techniques to meet those needs; 
 49.23     (3) coordinate research among the public and private 
 49.24  organizations and individuals specifically addressing procedures 
 49.25  to transfer new technology to businesses, farmers, and 
 49.26  individuals; and 
 49.27     (4) provide research grants to public and private 
 49.28  educational institutions and other organizations that are 
 49.29  undertaking basic and applied research that would promote the 
 49.30  development of the various agricultural industries. 
 49.31     (b) The agricultural utilization research institute board 
 49.32  of directors, with the concurrence of the advisory board, shall 
 49.33  have the sole approval authority for establishing agricultural 
 49.34  utilization research priorities, requests for proposals to meet 
 49.35  those priorities, awarding of grants, hiring and direction of 
 49.36  personnel, and other expenditures of funds consistent with the 
 50.1   adopted and approved mission and goals of the agricultural 
 50.2   utilization research institute.  The actions and expenditures of 
 50.3   the agricultural utilization research institute are subject to 
 50.4   audit and regular annual report to the legislature in general 
 50.5   and specifically the house of representatives agriculture 
 50.6   committee, the senate agriculture and rural development 
 50.7   committee, the house of representatives appropriations ways and 
 50.8   means committee, and the senate state government finance 
 50.9   committee. 
 50.10     Sec. 63.  Minnesota Statutes 1996, section 116P.05, 
 50.11  subdivision 1, is amended to read: 
 50.12     Subdivision 1.  [MEMBERSHIP.] (a) A legislative commission 
 50.13  on Minnesota resources of 16 members is created, consisting of 
 50.14  the chairs of the house and senate committees on environment and 
 50.15  natural resources or designees appointed for the terms of the 
 50.16  chairs, the chairs of the and house ways and means and senate 
 50.17  finance committees or designees appointed for the terms of the 
 50.18  chairs, six eight members of the senate appointed by the 
 50.19  subcommittee on committees of the committee on rules and 
 50.20  administration, and six members of the house appointed by the 
 50.21  speaker.  
 50.22     At least two members from the senate and two members from 
 50.23  the house must be from the minority caucus.  Members are 
 50.24  entitled to reimbursement for per diem expenses plus travel 
 50.25  expenses incurred in the services of the commission.  
 50.26     (b) Members shall appoint a chair who shall preside and 
 50.27  convene meetings as often as necessary to conduct duties 
 50.28  prescribed by this chapter. 
 50.29     (c) Members shall serve on the commission until their 
 50.30  successors are appointed. 
 50.31     (d) Vacancies occurring on the commission shall not affect 
 50.32  the authority of the remaining members of the commission to 
 50.33  carry out their duties, and vacancies shall be filled in the 
 50.34  same manner under paragraph (a). 
 50.35     Sec. 64.  Minnesota Statutes 1996, section 116P.08, 
 50.36  subdivision 3, is amended to read: 
 51.1      Subd. 3.  [STRATEGIC PLAN REQUIRED.] (a) The commission 
 51.2   shall adopt a strategic plan for making expenditures from the 
 51.3   trust fund, including identifying the priority areas for funding 
 51.4   for the next six years.  The strategic plan must be updated 
 51.5   every two years.  The plan is advisory only.  The commission 
 51.6   shall submit the plan, as a recommendation, to the house of 
 51.7   representatives appropriations and senate state government 
 51.8   finance committees by January 1 of each odd-numbered year. 
 51.9      (b) The commission may accept or modify the draft of the 
 51.10  strategic plan submitted to it by the advisory committee before 
 51.11  voting on the plan's adoption. 
 51.12     Sec. 65.  Minnesota Statutes 1996, section 116P.09, 
 51.13  subdivision 7, is amended to read: 
 51.14     Subd. 7.  [REPORT REQUIRED.] The commission shall, by 
 51.15  January 15 of each odd-numbered year, submit a report to the 
 51.16  governor, the chairs of the house appropriations ways and means 
 51.17  and senate state government finance committees, and the chairs 
 51.18  of the house and senate committees on environment and natural 
 51.19  resources.  Copies of the report must be available to the 
 51.20  public.  The report must include: 
 51.21     (1) a copy of the current strategic plan; 
 51.22     (2) a description of each project receiving money from the 
 51.23  trust fund and Minnesota future resources fund during the 
 51.24  preceding biennium; 
 51.25     (3) a summary of any research project completed in the 
 51.26  preceding biennium; 
 51.27     (4) recommendations to implement successful projects and 
 51.28  programs into a state agency's standard operations; 
 51.29     (5) to the extent known by the commission, descriptions of 
 51.30  the projects anticipated to be supported by the trust fund and 
 51.31  Minnesota future resources account during the next biennium; 
 51.32     (6) the source and amount of all revenues collected and 
 51.33  distributed by the commission, including all administrative and 
 51.34  other expenses; 
 51.35     (7) a description of the assets and liabilities of the 
 51.36  trust fund and the Minnesota future resources fund; 
 52.1      (8) any findings or recommendations that are deemed proper 
 52.2   to assist the legislature in formulating legislation; 
 52.3      (9) a list of all gifts and donations with a value over 
 52.4   $1,000; 
 52.5      (10) a comparison of the amounts spent by the state for 
 52.6   environment and natural resources activities through the most 
 52.7   recent fiscal year; and 
 52.8      (11) a copy of the most recent compliance audit. 
 52.9      Sec. 66.  Minnesota Statutes 1996, section 119B.17, 
 52.10  subdivision 1, is amended to read: 
 52.11     Subdivision 1.  [ESTABLISHMENT; MEMBERS.] The Minnesota 
 52.12  early childhood care and education council shall consist of 19 
 52.13  members appointed by the governor.  Members must represent the 
 52.14  following groups and organizations:  parents, family child care 
 52.15  providers, child care center providers, private foundations, 
 52.16  corporate executives, small business owners, and public school 
 52.17  districts.  The council membership also includes the 
 52.18  commissioners of human services, economic security, children, 
 52.19  families, and learning, and health; a representative of the 
 52.20  higher education services office; a representative of the 
 52.21  Minnesota headstart association; representatives of two 
 52.22  Minnesota counties; three members from child care resource and 
 52.23  referral programs, one of whom shall be from a county-operated 
 52.24  resource and referral, one of whom shall be from a rural 
 52.25  location, and one of whom shall be from the metropolitan area; 
 52.26  and a community group representative.  The governor shall 
 52.27  consult with the councils established under sections 3.922, 
 52.28  3.9223, 3.9225, and 3.9226, representing the communities of 
 52.29  color, to ensure that membership of the council is 
 52.30  representative of all racial minority groups.  In addition to 
 52.31  the 19 members appointed by the governor, two members of the 
 52.32  senate shall be appointed by the president of the 
 52.33  senate subcommittee on committees of the committee on rules and 
 52.34  administration and two members of the house of representatives 
 52.35  shall be appointed by the speaker of the house to serve as ex 
 52.36  officio nonvoting members of the council.  Membership terms, 
 53.1   compensation, and removal of members are governed by section 
 53.2   15.059, except that the council shall not expire as required by 
 53.3   that section.  
 53.4      Sec. 67.  Minnesota Statutes 1996, section 121.703, 
 53.5   subdivision 2, is amended to read: 
 53.6      Subd. 2.  [MEMBERSHIP.] (a) The commission consists of 18 
 53.7   voting members.  Voting members shall include the commissioner 
 53.8   of children, families, and learning, a representative of the 
 53.9   children's cabinet elected by the members of the children's 
 53.10  cabinet, and the executive director of the higher education 
 53.11  services office. 
 53.12     (b) The governor shall appoint 15 additional voting members.
 53.13  Eight of the voting members appointed by the governor shall 
 53.14  include a representative of public or nonprofit organizations 
 53.15  experienced in youth employment and training, organizations 
 53.16  promoting adult service and volunteerism, community-based 
 53.17  service agencies or organizations, local public or private 
 53.18  sector labor unions, local governments, business, a national 
 53.19  service program, and Indian tribes.  The remaining seven voting 
 53.20  members appointed by the governor shall include an individual 
 53.21  with expertise in the educational, training, and development 
 53.22  needs of youth, particularly disadvantaged youth; a youth or 
 53.23  young adult who is a participant in a higher education-based 
 53.24  service-learning program; a disabled individual representing 
 53.25  persons with disabilities; a youth who is out-of-school or 
 53.26  disadvantaged; an educator of primary or secondary students; an 
 53.27  educator from a higher education institution; and an individual 
 53.28  between the ages of 16 and 25 who is a participant or supervisor 
 53.29  in a youth service program. 
 53.30     (c) The governor shall appoint up to five ex officio 
 53.31  nonvoting members from among the following agencies or 
 53.32  organizations:  the departments of economic security, natural 
 53.33  resources, human services, health, corrections, agriculture, 
 53.34  public safety, finance, and labor and industry, the Minnesota 
 53.35  office of citizenship and volunteer services, the housing 
 53.36  finance agency, and Minnesota Technology, Inc.  A representative 
 54.1   of the corporation for national and community service shall also 
 54.2   serve as an ex officio nonvoting member. 
 54.3      (d) Voting and ex officio nonvoting members may appoint 
 54.4   designees to act on their behalf.  The number of voting members 
 54.5   who are state employees shall not exceed 25 percent. 
 54.6      (e) The governor shall ensure that, to the extent possible, 
 54.7   the membership of the commission is balanced according to 
 54.8   geography, race, ethnicity, age, and gender.  The speaker of the 
 54.9   house and the majority leader subcommittee on committees of the 
 54.10  committee on rules and administration of the senate shall each 
 54.11  appoint two legislators to be nonvoting members of the 
 54.12  commission. 
 54.13     Sec. 68.  Minnesota Statutes 1996, section 124.078, is 
 54.14  amended to read: 
 54.15     124.078 [PERMANENT SCHOOL FUND ADVISORY COMMITTEE.] 
 54.16     A state permanent school fund advisory committee is 
 54.17  established to advise the department of natural resources on the 
 54.18  management of permanent school fund land, which is held in trust 
 54.19  for the school districts of the state.  The advisory committee 
 54.20  shall consist of the following persons or their designees:  the 
 54.21  chairs of the education committees of the legislature house 
 54.22  committee on education and the senate K-12 education budget 
 54.23  division, the chairs of the senate committee on education 
 54.24  finance and house committee on ways and means, the commissioner 
 54.25  of children, families, and learning, one superintendent from a 
 54.26  nonmetropolitan district, and one superintendent from a 
 54.27  metropolitan area district.  The school district superintendents 
 54.28  shall be appointed by the commissioner of children, families, 
 54.29  and learning.  
 54.30     The advisory committee shall review the policies of the 
 54.31  department of natural resources on management of school trust 
 54.32  fund lands and shall recommend necessary changes in policy and 
 54.33  implementation in order to ensure provident utilization of the 
 54.34  permanent school fund lands.  
 54.35     Sec. 69.  Minnesota Statutes 1996, section 124.2131, 
 54.36  subdivision 1, is amended to read: 
 55.1      Subdivision 1.  [ADJUSTED NET TAX CAPACITY.] (a) 
 55.2   [COMPUTATION.] The department of revenue shall annually conduct 
 55.3   an assessment/sales ratio study of the taxable property in each 
 55.4   school district in accordance with the procedures in paragraphs 
 55.5   (b) and (c).  Based upon the results of this assessment/sales 
 55.6   ratio study, the department of revenue shall determine an 
 55.7   aggregate equalized net tax capacity for the various classes of 
 55.8   taxable property in each school district, which tax capacity 
 55.9   shall be designated as the adjusted net tax capacity.  The 
 55.10  adjusted net tax capacities shall be determined using the net 
 55.11  tax capacity percentages in effect for the assessment year 
 55.12  following the assessment year of the study.  The department of 
 55.13  revenue shall make whatever estimates are necessary to account 
 55.14  for changes in the classification system.  The department of 
 55.15  revenue may incur the expense necessary to make the 
 55.16  determinations.  The commissioner of revenue may reimburse any 
 55.17  county or governmental official for requested services performed 
 55.18  in ascertaining the adjusted net tax capacity.  On or before 
 55.19  March 15 annually, the department of revenue shall file with the 
 55.20  chair of the tax committee of the house of representatives and 
 55.21  the chair of the committee on taxes and tax laws of the senate a 
 55.22  report of adjusted net tax capacities.  On or before June 15 
 55.23  annually, the department of revenue shall file its final report 
 55.24  on the adjusted net tax capacities established by the previous 
 55.25  year's assessments and the current year's net tax capacity 
 55.26  percentages with the commissioner of children, families, and 
 55.27  learning and each county auditor for those school districts for 
 55.28  which the auditor has the responsibility for determination of 
 55.29  local tax rates.  A copy of the report so filed shall be mailed 
 55.30  to the clerk of each district involved and to the county 
 55.31  assessor or supervisor of assessments of the county or counties 
 55.32  in which each district is located. 
 55.33     (b)  [METHODOLOGY.] In making its annual assessment/sales 
 55.34  ratio studies, the department of revenue shall use a methodology 
 55.35  consistent with the most recent Standard on Assessment Ratio 
 55.36  Studies published by the assessment standards committee of the 
 56.1   International Association of Assessing Officers.  The 
 56.2   commissioner of revenue shall supplement this general 
 56.3   methodology with specific procedures necessary for execution of 
 56.4   the study in accordance with other Minnesota laws impacting the 
 56.5   assessment/sales ratio study.  The commissioner shall document 
 56.6   these specific procedures in writing and shall publish the 
 56.7   procedures in the State Register, but these procedures will not 
 56.8   be considered "rules" pursuant to the Minnesota administrative 
 56.9   procedure act.  For purposes of this section, sections 270.12, 
 56.10  subdivision 2, clause (8), and 278.05, subdivision 4, the 
 56.11  commissioner of revenue shall exclude from the assessment/sales 
 56.12  ratio study the sale of any nonagricultural property which does 
 56.13  not contain an improvement, if (1) the statutory basis on which 
 56.14  the property's taxable value as most recently assessed is less 
 56.15  than market value as defined in section 273.11, or (2) the 
 56.16  property has undergone significant physical change or a change 
 56.17  of use since the most recent assessment.  
 56.18     (c)  [AGRICULTURAL LANDS.] For purposes of determining the 
 56.19  adjusted net tax capacity of agricultural lands for the 
 56.20  calculation of adjusted net tax capacities, the market value of 
 56.21  agricultural lands shall be the price for which the property 
 56.22  would sell in an arms length transaction. 
 56.23     (d)  [FORCED SALES.] The commissioner may include forced 
 56.24  sales in the assessment/sales ratio studies if it is determined 
 56.25  by the commissioner that these forced sales indicate true market 
 56.26  value. 
 56.27     (e)  [STIPULATED VALUES AND ABATEMENTS.] The estimated 
 56.28  market value to be used in calculating sales ratios shall be the 
 56.29  value established by the assessor before any stipulations 
 56.30  resulting from appeals by property owners and before any 
 56.31  abatement unless the abatement was granted for the purpose of 
 56.32  correcting mere clerical errors. 
 56.33     (f)  [SALES OF INDUSTRIAL PROPERTY.] Separate sales ratios 
 56.34  shall be calculated for commercial property and for industrial 
 56.35  property.  These two classes shall be combined only in 
 56.36  jurisdictions in which there is not an adequate sample of sales 
 57.1   in each class. 
 57.2      Sec. 70.  Minnesota Statutes 1996, section 135A.046, 
 57.3   subdivision 3, is amended to read: 
 57.4      Subd. 3.  [REPORTING PRIORITIES.] Each post-secondary 
 57.5   governing board shall establish priorities within its Higher 
 57.6   Education Asset Preservation and Replacement projects.  By 
 57.7   January 15 of each year, it shall submit to the commissioner of 
 57.8   finance and to the chairs of the higher education finance 
 57.9   divisions, the senate education finance committee, and the house 
 57.10  of representatives capital investment committee a list of the 
 57.11  projects that have been paid for with money from a higher 
 57.12  education asset preservation and replacement appropriation 
 57.13  during the preceding calendar year as well as a list of those 
 57.14  priority projects for which Higher Education Asset Preservation 
 57.15  and Replacement appropriations will be sought in that year's 
 57.16  legislative session. 
 57.17     Sec. 71.  Minnesota Statutes 1996, section 136F.60, 
 57.18  subdivision 1, is amended to read: 
 57.19     Subdivision 1.  [PURCHASE OF NEIGHBORING PROPERTY; STATE 
 57.20  UNIVERSITIES.] The board may purchase property adjacent to or in 
 57.21  the vicinity of the campuses as necessary for the development of 
 57.22  a state university.  Before taking action, the board shall 
 57.23  consult with the chairs of the senate education finance 
 57.24  committee and the house ways and means committee about the 
 57.25  proposed action.  The board shall explain the need to acquire 
 57.26  property, specify the property to be acquired, and indicate the 
 57.27  source and amount of money needed for the acquisition.  The 
 57.28  amount needed may be spent from sums previously appropriated for 
 57.29  purposes of the state colleges and universities, including, but 
 57.30  not limited to, general fund appropriations for instructional or 
 57.31  noninstructional expenditures, general fund appropriations 
 57.32  carried forward, or state college and university activity fund 
 57.33  appropriations.  The board may pay relocation costs, at its 
 57.34  discretion, when acquiring property.  
 57.35     Sec. 72.  Minnesota Statutes 1996, section 136F.98, 
 57.36  subdivision 1, is amended to read: 
 58.1      Subdivision 1.  [ISSUANCE OF BONDS.] The board of trustees 
 58.2   of the Minnesota state colleges and universities or a successor 
 58.3   may issue additional revenue bonds under sections 136F.90 to 
 58.4   136F.97 in an aggregate principal amount not exceeding 
 58.5   $40,000,000, subject to the resolutions authorizing its 
 58.6   outstanding revenue bonds, and payable from the revenue 
 58.7   appropriated to the fund established by section 136F.94, and use 
 58.8   the proceeds together with other public or private money that 
 58.9   may otherwise become available to acquire land, and to acquire, 
 58.10  construct, complete, remodel, and equip structures to be used 
 58.11  for dormitory, residence hall, student union, food service, and 
 58.12  related parking purposes at the state universities.  Before 
 58.13  issuing the bonds or any part of them, the board shall consult 
 58.14  with and obtain the advisory recommendations of the chairs of 
 58.15  the house ways and means committee and the senate education 
 58.16  finance committee about the facilities to be financed by the 
 58.17  bonds. 
 58.18     Sec. 73.  Minnesota Statutes 1996, section 137.02, 
 58.19  subdivision 3a, is amended to read: 
 58.20     Subd. 3a.  [CONSULTATION REQUIRED.] Land must not be 
 58.21  purchased and a building must not be purchased, constructed, or 
 58.22  erected on land of the University of Minnesota until the regents 
 58.23  have first consulted with the chair of the senate education 
 58.24  finance committee and the chair of the house ways and means 
 58.25  committee and obtained their advisory recommendations. 
 58.26     Sec. 74.  Minnesota Statutes 1996, section 138.763, 
 58.27  subdivision 1, is amended to read: 
 58.28     Subdivision 1.  [MEMBERSHIP.] There is a St. Anthony Falls 
 58.29  heritage board consisting of 22 members with the director of the 
 58.30  Minnesota historical society as chair.  The members include the 
 58.31  mayor; the chair of the Hennepin county board of commissioners 
 58.32  or the chair's designee; the president of the Minneapolis park 
 58.33  and recreation board or the president's designee; the 
 58.34  superintendent of the park board; two members each from the 
 58.35  house of representatives appointed by the speaker, the senate 
 58.36  appointed by the subcommittee on committees of the rules 
 59.1   committee on rules and administration, the city council, the 
 59.2   Hennepin county board, and the park board; one member each from 
 59.3   the preservation commission, the preservation office, Hennepin 
 59.4   county historical society, and the society; one person appointed 
 59.5   by the park board; and two persons appointed by the chair of the 
 59.6   board. 
 59.7      Sec. 75.  Minnesota Statutes 1996, section 144.056, is 
 59.8   amended to read: 
 59.9      144.056 [PLAIN LANGUAGE IN WRITTEN MATERIALS.] 
 59.10     (a) To the extent reasonable and consistent with the goals 
 59.11  of providing easily understandable and readable materials and 
 59.12  complying with federal and state laws governing the program, all 
 59.13  written materials relating to determinations of eligibility for 
 59.14  or amounts of benefits that will be given to applicants for or 
 59.15  recipients of assistance under a program administered or 
 59.16  supervised by the commissioner of health must be understandable 
 59.17  to a person who reads at the seventh-grade level, using the 
 59.18  Flesch scale analysis readability score as determined under 
 59.19  section 72C.09. 
 59.20     (b) All written materials relating to services and 
 59.21  determinations of eligibility for or amounts of benefits that 
 59.22  will be given to applicants for or recipients of assistance 
 59.23  under programs administered or supervised by the commissioner of 
 59.24  health must be developed to satisfy the plain language 
 59.25  requirements of the plain language contract act under sections 
 59.26  325G.29 to 325G.36.  Materials may be submitted to the attorney 
 59.27  general for review and certification.  Notwithstanding section 
 59.28  325G.35, subdivision 1, the attorney general shall review 
 59.29  submitted materials to determine whether they comply with the 
 59.30  requirements of section 325G.31.  The remedies available 
 59.31  pursuant to sections 8.31 and 325G.33 to 325G.36 do not apply to 
 59.32  these materials.  Failure to comply with this section does not 
 59.33  provide a basis for suspending the implementation or operation 
 59.34  of other laws governing programs administered by the 
 59.35  commissioner. 
 59.36     (c) The requirements of this section apply to all materials 
 60.1   modified or developed by the commissioner on or after July 1, 
 60.2   1988.  The requirements of this section do not apply to 
 60.3   materials that must be submitted to a federal agency for 
 60.4   approval to the extent that application of the requirements 
 60.5   prevents federal approval. 
 60.6      (d) Nothing in this section may be construed to prohibit a 
 60.7   lawsuit brought to require the commissioner to comply with this 
 60.8   section or to affect individual appeal rights under the special 
 60.9   supplemental food program for women, infants, and children 
 60.10  granted pursuant to federal regulations under the Code of 
 60.11  Federal Regulations, chapter 7, section 246. 
 60.12     (e) The commissioner shall report annually to the chairs of 
 60.13  the health and human services divisions of the senate finance 
 60.14  committee and division of the house of representatives 
 60.15  appropriations committee and the health and family security 
 60.16  budget division of the senate on the number and outcome of cases 
 60.17  that raise the issue of the commissioner's compliance with this 
 60.18  section. 
 60.19     Sec. 76.  Minnesota Statutes 1996, section 144.701, 
 60.20  subdivision 4, is amended to read: 
 60.21     Subd. 4.  [FILING FEES.] Each report which is required to 
 60.22  be submitted to the commissioner of health under sections 
 60.23  144.695 to 144.703 and which is not submitted to a voluntary, 
 60.24  nonprofit reporting organization in accordance with section 
 60.25  144.702 shall be accompanied by a filing fee in an amount 
 60.26  prescribed by rule of the commissioner of health.  Fees received 
 60.27  pursuant to this subdivision shall be deposited in the general 
 60.28  fund of the state treasury.  Upon the withdrawal of approval of 
 60.29  a reporting organization, or the decision of the commissioner to 
 60.30  not renew a reporting organization, fees collected under section 
 60.31  144.702 shall be submitted to the commissioner and deposited in 
 60.32  the general fund.  The commissioner shall report the termination 
 60.33  or nonrenewal of the voluntary reporting organization to the 
 60.34  chair of the health and human services subdivision finance 
 60.35  division of the appropriations committee of the house of 
 60.36  representatives, to the chair of the health and human services 
 61.1   family security budget division of the finance committee of the 
 61.2   senate, and the commissioner of finance. 
 61.3      Sec. 77.  Minnesota Statutes 1996, section 144A.071, 
 61.4   subdivision 5, is amended to read: 
 61.5      Subd. 5.  [REPORT.] The commissioners of health and human 
 61.6   services shall report to the senate health care and family 
 61.7   security committee and the house health and human services 
 61.8   committee by January 15, 1986, and biennially thereafter 
 61.9   regarding:  
 61.10     (1) projections on the number of elderly Minnesota 
 61.11  residents including medical assistance recipients; 
 61.12     (2) the number of residents most at risk for nursing home 
 61.13  placement; 
 61.14     (3) the needs for long-term care and alternative home and 
 61.15  noninstitutional services; 
 61.16     (4) availability of and access to alternative services by 
 61.17  geographic region; and 
 61.18     (5) the necessity or desirability of continuing, modifying, 
 61.19  or repealing the moratorium in relation to the availability and 
 61.20  development of the continuum of long-term care services.  
 61.21     Sec. 78.  Minnesota Statutes 1996, section 144E.01, 
 61.22  subdivision 2, is amended to read: 
 61.23     Subd. 2.  [EX OFFICIO NONVOTING MEMBERS.] The speaker of 
 61.24  the house of representatives and the subcommittee on committees 
 61.25  of the committee on rules and administration of the senate shall 
 61.26  appoint one representative and one senator to serve as ex 
 61.27  officio, nonvoting members. 
 61.28     Sec. 79.  Minnesota Statutes 1996, section 169.832, 
 61.29  subdivision 13, is amended to read: 
 61.30     Subd. 13.  [RESTRICTIONS ON TRUNK HIGHWAYS; RULES.] (a) For 
 61.31  purposes of this section a "market artery" is a trunk highway or 
 61.32  segment thereof that: 
 61.33     (i) connects significant centers of population or commerce; 
 61.34     (ii) connects highways described in clause (i); 
 61.35     (iii) provides access to a transportation terminal; or 
 61.36     (iv) provides temporary emergency service to a particular 
 62.1   shipping or receiving point on a market artery. 
 62.2      (b) The commissioner may impose seasonal load restrictions 
 62.3   under section 169.87 on a market artery only after giving 30 
 62.4   days' notice to the chairs of the transportation and 
 62.5   appropriations ways and means committees of the house of 
 62.6   representatives, and the chairs of the transportation and state 
 62.7   government finance committees of the senate.  The commissioner 
 62.8   shall provide with each notice a plan to improve the market 
 62.9   artery within the next three years so that seasonal load 
 62.10  restrictions will not be necessary on it. 
 62.11     (c) The commissioner shall adopt rules under chapter 14 
 62.12  defining "significant centers of population and commerce" and 
 62.13  "temporary emergency service" for purposes of this section.  In 
 62.14  drafting the rules, the commissioner shall consult with major 
 62.15  highway users, representatives of manufacturing, retail trade 
 62.16  and agriculture, local government and regional development 
 62.17  commissions.  The commissioner shall consider the importance of 
 62.18  manufacturing, retailing, agriculture and natural resources in 
 62.19  promulgating the rule, and shall hold at least four public 
 62.20  meetings in various parts of the state prior to preparing the 
 62.21  final draft of the rule.  Between July 1, 1986, and the 
 62.22  effective date of the rule, "significant centers of population 
 62.23  and commerce" means all home rule charter or statutory cities 
 62.24  that had total retail sales of at least $50,000,000 as reported 
 62.25  in the 1982 census of retail trade of the United States 
 62.26  Department of Commerce. 
 62.27     Sec. 80.  Minnesota Statutes 1996, section 174.02, 
 62.28  subdivision 6, is amended to read: 
 62.29     Subd. 6.  [AGREEMENTS, RECEIPTS, APPROPRIATION.] To 
 62.30  facilitate the implementation of intergovernmental efficiencies, 
 62.31  effectiveness, and cooperation, and to promote and encourage 
 62.32  economic and technological development in transportation matters 
 62.33  within and between governmental and nongovernmental entities: 
 62.34     (a) The commissioner may enter into agreements with other 
 62.35  governmental or nongovernmental entities for research and 
 62.36  experimentation; for sharing facilities, equipment, staff, data, 
 63.1   or other means of providing transportation-related services; or 
 63.2   for other cooperative programs that promote efficiencies in 
 63.3   providing governmental services or that further development of 
 63.4   innovation in transportation for the benefit of the citizens of 
 63.5   Minnesota.  
 63.6      (b) In addition to funds otherwise appropriated by the 
 63.7   legislature, the commissioner may accept and spend funds 
 63.8   received under any agreement authorized in paragraph (a) for the 
 63.9   purposes set forth in that paragraph, subject to a report of 
 63.10  receipts to the commissioner of finance at the end of each 
 63.11  fiscal year and, if receipts from the agreements exceed $100,000 
 63.12  in a fiscal year, the commissioner shall also notify the 
 63.13  governor and the committee on state government finance of the 
 63.14  senate and the committee on ways and means of the house of 
 63.15  representatives.  
 63.16     (c) Funds received under this subdivision must be deposited 
 63.17  in the special revenue fund and are appropriated to the 
 63.18  commissioner for the purposes set forth in this subdivision. 
 63.19     Sec. 81.  Minnesota Statutes 1996, section 192.52, is 
 63.20  amended to read: 
 63.21     192.52 [EXPENSES OF MILITARY FORCES ORDERED TO ACTIVE 
 63.22  DUTY.] 
 63.23     In all cases where any of the military forces are called 
 63.24  into active service by the governor and where no funds otherwise 
 63.25  appropriated are available therefor, or where the appropriated 
 63.26  funds, if any, are insufficient, the adjutant general shall pay 
 63.27  the necessary amounts out of the general fund, and the necessary 
 63.28  sums are hereby appropriated.  No payment shall be made pursuant 
 63.29  to this section until the adjutant general has given the 
 63.30  commissioner of finance an estimate of the cost of the active 
 63.31  service, the commissioner of finance has reported the estimate 
 63.32  to the committee on state government finance of the senate and 
 63.33  the committee on ways and means of the house of representatives, 
 63.34  and the commissioner of finance has approved the payment.  When 
 63.35  the active service has been completed, the commissioner of 
 63.36  finance shall report the actual cost to the committee on state 
 64.1   government finance of the senate and the committee on ways and 
 64.2   means of the house of representatives. 
 64.3      Sec. 82.  Minnesota Statutes 1996, section 240.18, 
 64.4   subdivision 2, is amended to read: 
 64.5      Subd. 2.  [THOROUGHBRED AND QUARTERHORSE CATEGORIES.] (a) 
 64.6   With respect to available money apportioned in the thoroughbred 
 64.7   and quarterhorse categories, 20 percent must be expended as 
 64.8   follows: 
 64.9      (1) at least one-half in the form of grants, contracts, or 
 64.10  expenditures for equine research and related education at the 
 64.11  University of Minnesota school of veterinary medicine; and 
 64.12     (2) the balance in the form of grants, contracts, or 
 64.13  expenditures for one or more of the following: 
 64.14     (i) additional equine research and related education; 
 64.15     (ii) substance abuse programs for licensed personnel at 
 64.16  racetracks in this state; and 
 64.17     (iii) promotion and public information regarding industry 
 64.18  and commission activities; racehorse breeding, ownership, and 
 64.19  management; and development and expansion of economic benefits 
 64.20  from racing. 
 64.21     (b) As a condition of a grant, contract, or expenditure 
 64.22  under paragraph (a), the commission shall require an annual 
 64.23  report from the recipient on the use of the funds to the 
 64.24  commission, the chair of the house of representatives committee 
 64.25  on general legislation, veterans affairs, and gaming 
 64.26  governmental operations, and the chair of the senate committee 
 64.27  on gaming regulation governmental operations and veterans. 
 64.28     (c) The commission shall include in its annual report a 
 64.29  summary of each grant, contract, or expenditure under paragraph 
 64.30  (a), clause (2), and a description of how the commission has 
 64.31  coordinated activities among recipients to ensure the most 
 64.32  efficient and effective use of funds. 
 64.33     (d) After deducting the amount for paragraph (a), the 
 64.34  balance of the available proceeds in each category may be 
 64.35  expended by the commission to:  
 64.36     (1) supplement purses for races held exclusively for 
 65.1   Minnesota-bred or Minnesota-foaled horses, and supplement purses 
 65.2   for Minnesota-bred or Minnesota-foaled horses racing in 
 65.3   nonrestricted races in that category; 
 65.4      (2) pay breeders' or owners' awards to the breeders or 
 65.5   owners of Minnesota-bred horses in that category which win money 
 65.6   at licensed racetracks in the state; and 
 65.7      (3) provide other financial incentives to encourage the 
 65.8   horse breeding industry in Minnesota. 
 65.9      Sec. 83.  Minnesota Statutes 1996, section 240A.03, 
 65.10  subdivision 15, is amended to read: 
 65.11     Subd. 15.  [ADVERTISING.] The commission may accept paid 
 65.12  advertising in its publications.  Funds received from 
 65.13  advertising are annually appropriated to the commission for its 
 65.14  publications.  The commission must annually report the amount of 
 65.15  funds received under this subdivision to the chair of the house 
 65.16  of representatives ways and means and senate state government 
 65.17  finance committees. 
 65.18     Sec. 84.  Minnesota Statutes 1996, section 241.01, 
 65.19  subdivision 5, is amended to read: 
 65.20     Subd. 5.  [TRAINING PROGRAM.] For the maintenance of 
 65.21  adequate standards of operation in discharging the functions of 
 65.22  the department, obtaining suitable candidates for positions for 
 65.23  which there is a scarcity of qualified applicants, and the 
 65.24  development of more effective treatment programs directed toward 
 65.25  the correction and rehabilitation of persons found delinquent or 
 65.26  guilty of crimes, and of more effective delinquency prevention 
 65.27  the commissioner of corrections shall establish a training 
 65.28  program including but not limited to in-service, preservice, 
 65.29  internship and scholarship programs, and an operational research 
 65.30  program.  Within the limits of appropriations available, the 
 65.31  commissioner may provide educational stipends or tuition 
 65.32  reimbursement in such amounts and upon such terms and conditions 
 65.33  as may be determined jointly by the commissioner of employee 
 65.34  relations.  Within the limits of appropriations therefor the 
 65.35  commissioner shall establish and provide personnel, facilities 
 65.36  and equipment for research and study to evaluate the 
 66.1   effectiveness of correctional treatment in camps, facilities, 
 66.2   probation and parole investigation and supervision and 
 66.3   delinquency prevention. 
 66.4      The commissioner may provide training to public or private 
 66.5   agencies or organizations and may require the participating 
 66.6   agencies or organizations to pay all or part of the costs of the 
 66.7   training.  All sums of money received pursuant to the agreements 
 66.8   shall not cancel until the end of the fiscal year immediately 
 66.9   following the fiscal year in which the funds were received.  The 
 66.10  funds are available for use by the commissioner during that 
 66.11  period and are appropriated annually to the commissioner of 
 66.12  corrections for the purposes of this subdivision.  Beginning 
 66.13  July 1, 1994, the commissioner shall report annually to the 
 66.14  chairs of the house ways and means committee and the 
 66.15  senate human resources finance committee on the amount and use 
 66.16  of funds received under this subdivision. 
 66.17     Sec. 85.  Minnesota Statutes 1996, section 245.90, is 
 66.18  amended to read: 
 66.19     245.90 [COURT AWARDED FUNDS, DISPOSITION.] 
 66.20     The commissioner of human services shall notify the house 
 66.21  appropriations ways and means and senate human resources finance 
 66.22  committees of the terms of any contractual arrangement entered 
 66.23  into by the commissioner and the attorney general, pursuant to 
 66.24  an order of any court of law, which provides for the receipt of 
 66.25  funds by the commissioner.  
 66.26     Any funds recovered or received by the commissioner 
 66.27  pursuant to an order of any court of law shall be placed in the 
 66.28  general fund.  
 66.29     Sec. 86.  Minnesota Statutes 1996, section 252.50, 
 66.30  subdivision 2, is amended to read: 
 66.31     Subd. 2.  [AUTHORIZATION TO BUILD OR PURCHASE.] Within the 
 66.32  limits of available appropriations, the commissioner may build, 
 66.33  purchase, or lease suitable buildings for state-operated, 
 66.34  community-based programs.  The commissioner must develop the 
 66.35  state-operated community residential facilities authorized in 
 66.36  the worksheets of the house appropriations ways and means and 
 67.1   senate finance committees.  If financing through state general 
 67.2   obligation bonds is not available, the commissioner shall 
 67.3   finance the purchase or construction of state-operated, 
 67.4   community-based facilities with the Minnesota housing finance 
 67.5   agency.  The commissioner shall make payments through the 
 67.6   department of administration to the Minnesota housing finance 
 67.7   agency in repayment of mortgage loans granted for the purposes 
 67.8   of this section.  Programs must be adaptable to the needs of 
 67.9   persons with mental retardation or related conditions and 
 67.10  residential programs must be homelike. 
 67.11     Sec. 87.  Minnesota Statutes 1996, section 253.015, 
 67.12  subdivision 2, is amended to read: 
 67.13     Subd. 2.  [PLAN FOR NEEDED REGIONAL TREATMENT CENTER 
 67.14  SERVICES.] (a) By January 30, 1990, the commissioner shall 
 67.15  develop and submit to the legislature a plan to implement a 
 67.16  program for persons in southeastern Minnesota who are mentally 
 67.17  ill. 
 67.18     (b) By January 1, 1990, the commissioner shall develop a 
 67.19  plan to establish a comprehensive brain injury treatment program 
 67.20  at the Faribault regional center site to meet the needs of 
 67.21  people with brain injuries in Minnesota.  The program shall 
 67.22  provide postacute, community integration and family support 
 67.23  services for people with brain injuries which have resulted in 
 67.24  behavior, cognitive, emotional, communicative and mobility 
 67.25  impairments or deficits.  The plan shall include development of 
 67.26  a brain injury residential unit, a functional evaluation 
 67.27  outpatient clinic and an adaptive equipment center within the 
 67.28  outpatient clinic.  Health care services already available at 
 67.29  the regional center or from the Faribault community must be 
 67.30  utilized, and the plan shall include provisions and cost 
 67.31  estimates for capital improvements, staff retraining, and 
 67.32  program start-up costs. 
 67.33     (c) By January 1, 1990, the commissioner shall develop a 
 67.34  plan to establish 35 auxiliary beds at Brainerd regional 
 67.35  treatment center for the Minnesota security hospital.  The 
 67.36  commissioner shall develop secure beds for mentally ill persons 
 68.1   as authorized in the worksheets of the house appropriations ways 
 68.2   and means and senate finance committees.  The commissioner shall 
 68.3   finance the purchase or construction of these beds with the 
 68.4   Minnesota housing finance agency.  The commissioner shall make 
 68.5   payments through the department of administration to the 
 68.6   Minnesota housing finance agency in repayment of mortgage loans 
 68.7   granted for the purposes of this section. 
 68.8      Sec. 88.  Minnesota Statutes 1996, section 256.014, 
 68.9   subdivision 3, is amended to read: 
 68.10     Subd. 3.  [REPORT.] The commissioner of human services 
 68.11  shall report to the chair of the house ways and means committee 
 68.12  and the chair of the senate human resources finance committee on 
 68.13  January 1 of each year detailing project expenditures to date, 
 68.14  methods used to maximize county participation, and the fiscal 
 68.15  impact on programs, counties, and clients. 
 68.16     Sec. 89.  Minnesota Statutes 1996, section 256.031, 
 68.17  subdivision 3, is amended to read: 
 68.18     Subd. 3.  [AUTHORIZATION FOR THE DEMONSTRATION.] (a) The 
 68.19  commissioner of human services, in consultation with the 
 68.20  commissioners of children, families, and learning, finance, 
 68.21  economic security, health, and planning, and the director of the 
 68.22  higher education services office, is authorized to proceed with 
 68.23  the planning and designing of the Minnesota family investment 
 68.24  plan and to implement the plan to test policies, methods, and 
 68.25  cost impact on an experimental basis by using field trials.  The 
 68.26  commissioner, under the authority in section 256.01, subdivision 
 68.27  2, shall implement the plan according to sections 256.031 to 
 68.28  256.0361 and Public Law Numbers 101-202 and 101-239, section 
 68.29  8015, as amended.  If major and unpredicted costs to the program 
 68.30  occur, the commissioner may take corrective action consistent 
 68.31  with Public Law Numbers 101-202 and 101-239, which may include 
 68.32  termination of the program.  Before taking such corrective 
 68.33  action, the commissioner shall consult with the chairs of the 
 68.34  senate health and family services security committee, the house 
 68.35  health and human services committee, the health care and family 
 68.36  services security division of the senate family services and 
 69.1   health care committees and family security committee and the 
 69.2   health and human services division of the house health and human 
 69.3   services committee, or, if the legislature is not in session, 
 69.4   consult with the legislative advisory commission. 
 69.5      (b) The field trials shall be conducted as permitted under 
 69.6   federal law, for as many years as necessary, and in different 
 69.7   geographical settings, to provide reliable instruction about the 
 69.8   desirability of expanding the program statewide. 
 69.9      (c) The commissioner shall select the counties which shall 
 69.10  serve as field trial or comparison sites based on criteria which 
 69.11  ensure reliable evaluation of the program.  
 69.12     (d) The commissioner is authorized to determine the number 
 69.13  of families and characteristics of subgroups to be included in 
 69.14  the evaluation.  
 69.15     (i) A family that applies for or is currently receiving 
 69.16  financial assistance from aid to families with dependent 
 69.17  children; family general assistance or work readiness; or food 
 69.18  stamps may be tested for eligibility for aid to families with 
 69.19  dependent children or family general assistance and may be 
 69.20  assigned by the commissioner to a test or a comparison group for 
 69.21  the purposes of evaluating the family investment plan.  A family 
 69.22  found not eligible for aid to families with dependent children 
 69.23  or family general assistance will be tested for eligibility for 
 69.24  the food stamp program.  If found eligible for the food stamp 
 69.25  program, the commissioner may randomly assign the family to a 
 69.26  test group, comparison group, or neither group.  Families 
 69.27  assigned to a test group receive benefits and services through 
 69.28  the family investment plan.  Families assigned to a comparison 
 69.29  group receive benefits and services through existing programs.  
 69.30  A family may not select the group to which it is assigned.  Once 
 69.31  assigned to a group, an eligible family must remain in that 
 69.32  group for the duration of the project. 
 69.33     (ii) To evaluate the effectiveness of the family investment 
 69.34  plan, the commissioner may designate a subgroup of families from 
 69.35  the test group who shall be exempt from section 256.035, 
 69.36  subdivision 1, and shall not receive case management services 
 70.1   under section 256.035, subdivision 6a.  Families are eligible 
 70.2   for services under section 256.736 to the same extent as 
 70.3   families receiving AFDC. 
 70.4      Sec. 90.  Minnesota Statutes 1996, section 256.736, 
 70.5   subdivision 9, is amended to read: 
 70.6      Subd. 9.  [CHANGES IN STATE PLAN AND RULES; WAIVERS.] The 
 70.7   commissioner of human services shall make changes in the state 
 70.8   plan and rules or seek any waivers or demonstration authority 
 70.9   necessary to minimize barriers to participation in the 
 70.10  employment and training services or to employment.  Changes must 
 70.11  be sought in at least the following areas:  allowances, child 
 70.12  care, work expenses, the amount and duration of earnings 
 70.13  incentives, medical care coverage, limitations on the hours of 
 70.14  employment, and administrative standards and procedures.  The 
 70.15  commissioner shall implement each change as soon as possible.  
 70.16  Before implementing any demonstration project or a program that 
 70.17  is a result of a waiver, the conditions under section 256.01, 
 70.18  subdivision 1, clause (12), must be met, and the chair of the 
 70.19  senate health and family services security committee and the 
 70.20  chair of the house of representatives health and human services 
 70.21  committee must be notified. 
 70.22     Sec. 91.  Minnesota Statutes 1996, section 256.9352, 
 70.23  subdivision 3, is amended to read: 
 70.24     Subd. 3.  [FINANCIAL MANAGEMENT.] (a) The commissioner 
 70.25  shall manage spending for the MinnesotaCare program in a manner 
 70.26  that maintains a minimum reserve equal to five percent of the 
 70.27  expected cost of state premium subsidies.  The commissioner must 
 70.28  make a quarterly assessment of the expected expenditures for the 
 70.29  covered services for the remainder of the current biennium and 
 70.30  for the following biennium.  The estimated expenditure, 
 70.31  including minimum reserve requirements, shall be compared to an 
 70.32  estimate of the revenues that will be deposited in the health 
 70.33  care access fund.  Based on this comparison, and after 
 70.34  consulting with the chairs of the house ways and means committee 
 70.35  and the senate human resources finance committee, and the 
 70.36  legislative commission on health care access, the commissioner 
 71.1   shall, as necessary, make the adjustments specified in paragraph 
 71.2   (b) to ensure that expenditures remain within the limits of 
 71.3   available revenues for the remainder of the current biennium and 
 71.4   for the following biennium.  The commissioner shall not hire 
 71.5   additional staff using appropriations from the health care 
 71.6   access fund until the commissioner of finance makes a 
 71.7   determination that the adjustments implemented under paragraph 
 71.8   (b) are sufficient to allow MinnesotaCare expenditures to remain 
 71.9   within the limits of available revenues for the remainder of the 
 71.10  current biennium and for the following biennium. 
 71.11     (b) The adjustments the commissioner shall use must be 
 71.12  implemented in this order:  first, stop enrollment of single 
 71.13  adults and households without children; second, upon 45 days' 
 71.14  notice, stop coverage of single adults and households without 
 71.15  children already enrolled in the MinnesotaCare program; third, 
 71.16  upon 90 days' notice, decrease the premium subsidy amounts by 
 71.17  ten percent for families with gross annual income above 200 
 71.18  percent of the federal poverty guidelines; fourth, upon 90 days' 
 71.19  notice, decrease the premium subsidy amounts by ten percent for 
 71.20  families with gross annual income at or below 200 percent; and 
 71.21  fifth, require applicants to be uninsured for at least six 
 71.22  months prior to eligibility in the MinnesotaCare program.  If 
 71.23  these measures are insufficient to limit the expenditures to the 
 71.24  estimated amount of revenue, the commissioner shall further 
 71.25  limit enrollment or decrease premium subsidies. 
 71.26     The reserve referred to in this subdivision is appropriated 
 71.27  to the commissioner but may only be used upon approval of the 
 71.28  commissioner of finance, if estimated costs will exceed the 
 71.29  forecasted amount of available revenues after all adjustments 
 71.30  authorized under this subdivision have been made. 
 71.31     By February 1, 1995, the department of human services and 
 71.32  the department of health shall develop a plan to adjust benefit 
 71.33  levels, eligibility guidelines, or other steps necessary to 
 71.34  ensure that expenditures for the MinnesotaCare program are 
 71.35  contained within the two percent taxes imposed under section 
 71.36  295.52 and the gross premiums tax imposed under section 60A.15, 
 72.1   subdivision 1, paragraph (e), for fiscal year 1997.  
 72.2      (c) Notwithstanding paragraphs (a) and (b), the 
 72.3   commissioner shall proceed with the enrollment of single adults 
 72.4   and households without children in accordance with section 
 72.5   256.9354, subdivision 5, paragraph (a), even if the expenditures 
 72.6   do not remain within the limits of available revenues through 
 72.7   fiscal year 1997 to allow the departments of human services and 
 72.8   health to develop the plan required under paragraph (b). 
 72.9      Sec. 92.  Minnesota Statutes 1996, section 256.9657, 
 72.10  subdivision 1c, is amended to read: 
 72.11     Subd. 1c.  [WAIVER IMPLEMENTATION.] If a waiver is approved 
 72.12  under subdivision 1b, the commissioner shall implement 
 72.13  subdivision 1b as follows: 
 72.14     (a) The commissioner, in cooperation with the board of 
 72.15  medical practice, shall notify each physician whose license is 
 72.16  scheduled to be issued or renewed between April 1 and September 
 72.17  30 that an application to be excused from the surcharge must be 
 72.18  received by the commissioner prior to September 1 of that year 
 72.19  for the period of 12 consecutive calendar months beginning 
 72.20  December 15.  For each physician whose license is scheduled to 
 72.21  be issued or renewed between October 1 and March 31, the 
 72.22  application must be received from the physician by March 1 for 
 72.23  the period of 12 consecutive calendar months beginning June 15.  
 72.24  For each physician whose license is scheduled to be issued or 
 72.25  renewed between April 1 and September 30, the commissioner shall 
 72.26  make the notification required in this paragraph by July 1.  For 
 72.27  each physician whose license is scheduled to be issued or 
 72.28  renewed between October 1 and March 31, the commissioner shall 
 72.29  make the notification required in this paragraph by January 1. 
 72.30     (b) The commissioner shall establish an application form 
 72.31  for waiver applications.  Each physician who applies to be 
 72.32  excused from the surcharge under subdivision 1b, paragraph (a), 
 72.33  clause (1), must include with the application: 
 72.34     (1) a statement from the operator of the facility at which 
 72.35  the physician provides services, that the physician provides 
 72.36  services without charge; and 
 73.1      (2) a statement by the physician that the physician will 
 73.2   not charge for any physician services during the period for 
 73.3   which the exemption from the surcharge is granted. 
 73.4      Each physician who applies to be excused from the surcharge 
 73.5   under subdivision 1b, paragraph (a), clauses (2) to (5), must 
 73.6   include with the application: 
 73.7      (i) the physician's own statement certifying that the 
 73.8   physician does not intend to practice medicine and will not 
 73.9   charge for any physician services during the period for which 
 73.10  the exemption from the surcharge is granted; 
 73.11     (ii) the physician's own statement describing in general 
 73.12  the reason for the leave of absence from the practice of 
 73.13  medicine and the anticipated date when the physician will resume 
 73.14  the practice of medicine, if applicable; 
 73.15     (iii) an attending physician's statement certifying that 
 73.16  the applicant has a terminal illness or permanent disability, if 
 73.17  applicable; and 
 73.18     (iv) the physician's own statement indicating on what date 
 73.19  the physician retired or became unemployed, if applicable. 
 73.20     (c) The commissioner shall notify in writing the physicians 
 73.21  who are excused from the surcharge under subdivision 1b. 
 73.22     (d) A physician who decides to charge for physician 
 73.23  services prior to the end of the period for which the exemption 
 73.24  from the surcharge has been granted under subdivision 1b, 
 73.25  paragraph (a), clause (1), or to return to the practice of 
 73.26  medicine prior to the end of the period for which the exemption 
 73.27  from the surcharge has been granted under subdivision 1b, 
 73.28  paragraph (a), clause (2), (4), or (5), may do so by notifying 
 73.29  the commissioner and shall be responsible for payment of the 
 73.30  full surcharge for that period. 
 73.31     (e) Whenever the commissioner determines that the number of 
 73.32  physicians likely to be excused from the surcharge under 
 73.33  subdivision 1b may cause the physician surcharge to violate the 
 73.34  requirements of Public Law Number 102-234 or regulations adopted 
 73.35  under that law, the commissioner shall immediately notify the 
 73.36  chairs of the senate health care and family security committee 
 74.1   and health care and family services funding security budget 
 74.2   division and the house of representatives health and human 
 74.3   services committee and health and human services funding finance 
 74.4   division. 
 74.5      Sec. 93.  Minnesota Statutes 1996, section 256B.0629, 
 74.6   subdivision 3, is amended to read: 
 74.7      Subd. 3.  [ANNUAL REPORT.] The advisory committee shall 
 74.8   present an annual report to the commissioner and the chairs of 
 74.9   the health and human services finance division of the house 
 74.10  health and human services committee and the health care and 
 74.11  family services finance security budget division of the senate 
 74.12  family services and health care committees and family security 
 74.13  committee by January 1 of each year on the findings and 
 74.14  recommendations of the committee. 
 74.15     Sec. 94.  Minnesota Statutes 1996, section 256B.69, 
 74.16  subdivision 3a, is amended to read: 
 74.17     Subd. 3a.  [COUNTY AUTHORITY.] (a) The commissioner, when 
 74.18  implementing the general assistance medical care, or medical 
 74.19  assistance prepayment program within a county, must include the 
 74.20  county board in the process of development, approval, and 
 74.21  issuance of the request for proposals to provide services to 
 74.22  eligible individuals within the proposed county.  County boards 
 74.23  must be given reasonable opportunity to make recommendations 
 74.24  regarding the development, issuance, review of responses, and 
 74.25  changes needed in the request for proposals.  The commissioner 
 74.26  must provide county boards the opportunity to review each 
 74.27  proposal based on the identification of community needs under 
 74.28  chapters 145A and 256E and county advocacy activities.  If a 
 74.29  county board finds that a proposal does not address certain 
 74.30  community needs, the county board and commissioner shall 
 74.31  continue efforts for improving the proposal and network prior to 
 74.32  the approval of the contract.  The county board shall make 
 74.33  recommendations regarding the approval of local networks and 
 74.34  their operations to ensure adequate availability and access to 
 74.35  covered services.  The provider or health plan must respond 
 74.36  directly to county advocates and the state prepaid medical 
 75.1   assistance ombudsperson regarding service delivery and must be 
 75.2   accountable to the state regarding contracts with medical 
 75.3   assistance and general assistance medical care funds.  The 
 75.4   county board may recommend a maximum number of participating 
 75.5   health plans after considering the size of the enrolling 
 75.6   population; ensuring adequate access and capacity; considering 
 75.7   the client and county administrative complexity; and considering 
 75.8   the need to promote the viability of locally developed health 
 75.9   plans.  The commissioner, in conjunction with the county board, 
 75.10  shall actively seek to develop a mutually agreeable timetable 
 75.11  prior to the development of the request for proposal.  At least 
 75.12  90 days before enrollment in the medical assistance and general 
 75.13  assistance medical care prepaid programs begins in a county in 
 75.14  which the prepaid programs have not been established, the 
 75.15  commissioner shall provide a report to the chairs of senate and 
 75.16  house committees having jurisdiction over state health care 
 75.17  programs which verifies that the commissioner complied with the 
 75.18  requirements for county involvement that are specified in this 
 75.19  subdivision. 
 75.20     (b) The commissioner shall seek a federal waiver to allow a 
 75.21  fee-for-service plan option to MinnesotaCare enrollees.  The 
 75.22  commissioner shall develop an increase of the premium fees 
 75.23  required under section 256.9356 up to 20 percent of the premium 
 75.24  fees for the enrollees who elect the fee-for-service option.  
 75.25  Prior to implementation, the commissioner shall submit this fee 
 75.26  schedule to the chair and ranking minority member of the senate 
 75.27  health care and family security committee, the senate health 
 75.28  care and family services funding security budget division, the 
 75.29  house of representatives health and human services committee, 
 75.30  and the house of representatives health and human services 
 75.31  finance division. 
 75.32     Sec. 95.  Minnesota Statutes 1996, section 268.665, 
 75.33  subdivision 2, is amended to read: 
 75.34     Subd. 2.  [MEMBERSHIP.] The governor's workforce 
 75.35  development council is composed of 32 members appointed by the 
 75.36  governor.  The members may be removed pursuant to section 
 76.1   15.059.  In selecting the representatives of the council, the 
 76.2   governor shall ensure that 50 percent of the members come from 
 76.3   nominations provided by local workforce councils.  Local 
 76.4   education representatives shall come from nominations provided 
 76.5   by local education to employment partnerships.  The 32 members 
 76.6   shall represent the following sectors:  
 76.7      (a) State agencies:  the following individuals shall serve 
 76.8   on the council:  
 76.9      (1) commissioner of the Minnesota department of economic 
 76.10  security; 
 76.11     (2) commissioner of the Minnesota department of children, 
 76.12  families, and learning; 
 76.13     (3) commissioner of the Minnesota department of human 
 76.14  services; and 
 76.15     (4) commissioner of the Minnesota department of trade and 
 76.16  economic development. 
 76.17     (b) Business and industry:  six individuals shall represent 
 76.18  the business and industry sectors of Minnesota. 
 76.19     (c) Organized labor:  six individuals shall represent labor 
 76.20  organizations of Minnesota. 
 76.21     (d) Community-based organizations:  four individuals shall 
 76.22  represent community-based organizations of Minnesota.  
 76.23  Community-based organizations are defined by the Job Training 
 76.24  Partnership Act as private nonprofit organizations that are 
 76.25  representative of communities or significant segments of 
 76.26  communities and that provide job training services, agencies 
 76.27  serving youth, agencies serving individuals with disabilities, 
 76.28  agencies serving displaced homemakers, union-related 
 76.29  organizations, and employer-related nonprofit organizations and 
 76.30  organizations serving nonreservation Indians and tribal 
 76.31  governments. 
 76.32     (e) Education:  five individuals shall represent the 
 76.33  education sector of Minnesota as follows:  
 76.34     (1) one individual shall represent local public secondary 
 76.35  education; 
 76.36     (2) one individual shall have expertise in design and 
 77.1   implementation of school-based service-learning; 
 77.2      (3) one individual shall represent post-secondary 
 77.3   education; 
 77.4      (4) one individual shall represent secondary/post-secondary 
 77.5   vocational institutions; and 
 77.6      (5) the chancellor of the board of trustees of the 
 77.7   Minnesota state colleges and universities. 
 77.8      (f) Other:  two individuals shall represent other 
 77.9   constituencies including: 
 77.10     (1) units of local government; and 
 77.11     (2) applicable state or local programs. 
 77.12     The speaker and the minority leader of the house of 
 77.13  representatives shall each appoint a representative to serve as 
 77.14  an ex officio a nonvoting member of the council.  The majority 
 77.15  and minority leaders subcommittee on committees of the committee 
 77.16  on rules and administration of the senate shall each appoint a 
 77.17  senator two senators to serve as an ex officio member nonvoting 
 77.18  members of the council, one of whom must be a member of the 
 77.19  minority.  After January 1, 1997, the Minnesota director of the 
 77.20  corporation for national service shall also serve as an ex 
 77.21  officio member.  
 77.22     (g) Appointment:  each member shall be appointed for a term 
 77.23  of three years from the first day of January or July immediately 
 77.24  following their appointment.  Elected officials shall forfeit 
 77.25  their appointment if they cease to serve in elected office.  
 77.26     (h) Members of the council are compensated as provided in 
 77.27  section 15.059, subdivision 3. 
 77.28     Sec. 96.  Minnesota Statutes 1996, section 268.916, is 
 77.29  amended to read: 
 77.30     268.916 [REPORTS.] 
 77.31     Each grantee shall submit an annual report to the 
 77.32  commissioner on the format designated by the commissioner, 
 77.33  including program information report data.  By January 1 of each 
 77.34  year, the commissioner shall prepare an annual report to the 
 77.35  health and human services committee of the house of 
 77.36  representatives and the health and family services security 
 78.1   committee of the senate concerning the uses and impact of head 
 78.2   start supplemental funding, including a summary of innovative 
 78.3   programs and the results of innovative programs and an 
 78.4   evaluation of the coordination of head start programs with 
 78.5   employment and training services provided to AFDC recipients. 
 78.6      Sec. 97.  Minnesota Statutes 1996, section 270.0604, 
 78.7   subdivision 4, is amended to read: 
 78.8      Subd. 4.  [ISSUANCE.] The issuance of revenue notices is at 
 78.9   the discretion of the commissioner of revenue.  The commissioner 
 78.10  shall establish procedures governing the issuance of revenue 
 78.11  notices and tax information bulletins.  At least one week before 
 78.12  publication of a revenue notice in the State Register, the 
 78.13  commissioner shall provide a copy of the notice to the chairs of 
 78.14  the taxes committee of the house of representatives and the 
 78.15  taxes and tax laws committee of the senate. 
 78.16     Sec. 98.  Minnesota Statutes 1996, section 270.063, is 
 78.17  amended to read: 
 78.18     270.063 [COLLECTION OF DELINQUENT TAXES; COSTS.] 
 78.19     For the purpose of collecting delinquent state tax 
 78.20  liabilities, there is appropriated to the commissioner of 
 78.21  revenue an amount representing the cost of collection by 
 78.22  contract with collection agencies, revenue departments of other 
 78.23  states, or attorneys to enable the commissioner to reimburse 
 78.24  these agencies, departments, or attorneys for this service.  The 
 78.25  commissioner shall report quarterly on the status of this 
 78.26  program to the chair of the house tax and appropriation ways and 
 78.27  means committees and senate tax and state government finance 
 78.28  committees.  
 78.29     Notwithstanding section 16A.15, subdivision 3, the 
 78.30  commissioner of revenue may authorize the prepayment of 
 78.31  sheriff's fees, attorney fees, fees charged by revenue 
 78.32  departments of other states, or court costs to be incurred in 
 78.33  connection with the collection of delinquent tax liabilities 
 78.34  owed to the commissioner of revenue. 
 78.35     Sec. 99.  Minnesota Statutes 1996, section 270.0681, 
 78.36  subdivision 2, is amended to read: 
 79.1      Subd. 2.  [COORDINATING COMMITTEE.] A coordinating 
 79.2   committee is established to oversee and coordinate preparation 
 79.3   of the microdata samples.  The committee consists of (1) the 
 79.4   director of the research division of the department of revenue 
 79.5   who shall serve as chair of the committee, (2) the state 
 79.6   economist, (3) the chair of the committee on taxes of the house 
 79.7   of representatives or the chair's designee, and (4) the chair of 
 79.8   the committee on taxes and tax laws of the senate or the chair's 
 79.9   designee.  The committee shall consider the analysis needs and 
 79.10  use of the microdata samples by the finance and revenue 
 79.11  departments and the legislature in designing and preparing the 
 79.12  samples, including the type of data to be included, the 
 79.13  structure of the samples, size of the samples, and other 
 79.14  relevant factors. 
 79.15     Sec. 100.  Minnesota Statutes 1996, section 270.0682, 
 79.16  subdivision 2, is amended to read: 
 79.17     Subd. 2.  [BILL ANALYSES.] At the request of the chair of 
 79.18  the house tax committee or the senate committee on taxes and tax 
 79.19  laws, the commissioner of revenue shall prepare an incidence 
 79.20  impact analysis of a bill or a proposal to change the tax system 
 79.21  which increases, decreases, or redistributes taxes by more than 
 79.22  $20,000,000.  To the extent data is available on the changes in 
 79.23  the distribution of the tax burden that are affected by the bill 
 79.24  or proposal, the analysis shall report on the incidence effects 
 79.25  that would result if the bill were enacted.  The report may 
 79.26  present information using systemwide measures, such as Suits or 
 79.27  other similar indexes, by income classes, taxpayer 
 79.28  characteristics, or other relevant categories.  The report may 
 79.29  include analyses of the effect of the bill or proposal on 
 79.30  representative taxpayers.  The analysis must include a statement 
 79.31  of the incidence assumptions that were used in computing the 
 79.32  burdens. 
 79.33     Sec. 101.  Minnesota Statutes 1996, section 270.71, is 
 79.34  amended to read: 
 79.35     270.71 [ACQUISITION AND RESALE OF SEIZED PROPERTY.] 
 79.36     For the purpose of enabling the commissioner of revenue to 
 80.1   purchase or redeem seized property in which the state of 
 80.2   Minnesota has an interest arising from a lien for unpaid taxes, 
 80.3   or to provide for the operating costs of collection activities 
 80.4   of the department of revenue, there is appropriated to the 
 80.5   commissioner an amount representing the cost of such purchases, 
 80.6   redemptions, or collection activities.  Seized property acquired 
 80.7   by the state of Minnesota to satisfy unpaid taxes shall be 
 80.8   resold by the commissioner.  The commissioner shall preserve the 
 80.9   value of seized property while controlling it, including but not 
 80.10  limited to the procurement of insurance.  For the purpose of 
 80.11  refunding the proceeds from the sale of levied or redeemed 
 80.12  property which are in excess of the actual tax liability plus 
 80.13  costs of acquiring the property, there is hereby created a 
 80.14  levied and redeemed property refund account in the agency fund.  
 80.15  All amounts deposited into this account are appropriated to the 
 80.16  commissioner of revenue.  The commissioner shall report 
 80.17  quarterly on the status of this program to the chairs of the 
 80.18  house taxes and appropriations ways and means committees and 
 80.19  senate taxes and tax laws and state government finance 
 80.20  committees.  
 80.21     Sec. 102.  Minnesota Statutes 1996, section 270.74, is 
 80.22  amended to read: 
 80.23     270.74 [FINANCIAL TRANSACTION CARDS; PAYMENT OF STATE 
 80.24  TAXES.] 
 80.25     (a) The commissioner of revenue may allow taxpayers to use 
 80.26  financial transaction cards, as defined in section 325G.02, 
 80.27  subdivision 2, to pay any of the following which are payable to 
 80.28  the commissioner: 
 80.29     (1) state taxes; 
 80.30     (2) estimated tax deposits; 
 80.31     (3) penalties; 
 80.32     (4) interest; 
 80.33     (5) additions to taxes; and 
 80.34     (6) fees. 
 80.35     (b) The commissioner may impose a fee on each transaction 
 80.36  under paragraph (a).  The fee is equal to the fee the 
 81.1   commissioner is required to pay for the taxpayer's use of the 
 81.2   financial transaction card.  This fee must be deposited in the 
 81.3   general fund and is appropriated to the commissioner for the 
 81.4   purpose of paying the transaction card fee. 
 81.5      (c) The types of financial transaction cards that will be 
 81.6   accepted shall be determined solely by the commissioner.  The 
 81.7   selection of transaction card vendors shall be made through a 
 81.8   request for proposals process.  Before issuing a request for 
 81.9   proposals, the commissioner shall review the request for 
 81.10  proposals and any specifications with the commissioner of 
 81.11  finance and the state treasurer.  The commissioner shall select 
 81.12  the transaction card vendors from among those which meet the 
 81.13  operational and cost requirements of the department of revenue.  
 81.14  The commissioner may limit the number of different types of 
 81.15  financial transaction cards that will be accepted. 
 81.16     (d) If the commissioner allows taxpayers to pay taxes with 
 81.17  financial transaction cards, the commissioner shall report 
 81.18  quarterly on the status of this program to the chairs of the 
 81.19  house tax and appropriations ways and means committees and the 
 81.20  chairs of the senate tax and state government finance committees.
 81.21     Sec. 103.  Minnesota Statutes 1996, section 273.1398, 
 81.22  subdivision 2c, is amended to read: 
 81.23     Subd. 2c.  [COMPUTATION BY COMMISSIONER.] Notwithstanding 
 81.24  the provisions of subdivisions 1 and 2 requiring the computation 
 81.25  of homestead and agricultural credit aid at the unique taxing 
 81.26  jurisdiction level, the commissioner may, upon consultation with 
 81.27  the chairs of the house tax committee and senate committee on 
 81.28  taxes and tax laws, compute homestead and agricultural credit 
 81.29  aid at a higher level if it would have a negligible impact or if 
 81.30  changes in the composition of unique taxing jurisdictions do not 
 81.31  permit computation at the unique taxing jurisdiction level.  
 81.32     Sec. 104.  Minnesota Statutes 1996, section 299C.65, 
 81.33  subdivision 2, is amended to read: 
 81.34     Subd. 2.  [REPORT, TASK FORCE.] The policy group shall file 
 81.35  an annual report with the governor, supreme court, and 
 81.36  legislature by December 1 of each even-numbered year.  
 82.1      The report must make recommendations concerning any 
 82.2   legislative changes or appropriations that are needed to ensure 
 82.3   that the criminal justice information systems operate accurately 
 82.4   and efficiently.  To assist them in developing their 
 82.5   recommendations, the chair, the commissioners, and the 
 82.6   administrator shall appoint a task force consisting of the 
 82.7   members of the criminal and juvenile justice information policy 
 82.8   group or their designees and the following additional members:  
 82.9      (1) the director of the office of strategic and long-range 
 82.10  planning; 
 82.11     (2) two sheriffs recommended by the Minnesota sheriffs 
 82.12  association; 
 82.13     (3) two police chiefs recommended by the Minnesota chiefs 
 82.14  of police association; 
 82.15     (4) two county attorneys recommended by the Minnesota 
 82.16  county attorneys association; 
 82.17     (5) two city attorneys recommended by the Minnesota league 
 82.18  of cities; 
 82.19     (6) two public defenders appointed by the board of public 
 82.20  defense; 
 82.21     (7) two district judges appointed by the conference of 
 82.22  chief judges, one of whom is currently assigned to the juvenile 
 82.23  court; 
 82.24     (8) two community corrections administrators recommended by 
 82.25  the Minnesota association of counties, one of whom represents a 
 82.26  community corrections act county; 
 82.27     (9) two probation officers; 
 82.28     (10) two public members, one of whom has been a victim of 
 82.29  crime; 
 82.30     (11) two court administrators; 
 82.31     (12) two members of the house of representatives appointed 
 82.32  by the speaker of the house; and 
 82.33     (13) two members of the senate appointed by the majority 
 82.34  leader subcommittee on committees of the committee on rules and 
 82.35  administration. 
 82.36     Sec. 105.  Minnesota Statutes 1996, section 352.04, 
 83.1   subdivision 3, is amended to read: 
 83.2      Subd. 3.  [EMPLOYER CONTRIBUTIONS.] (a) The employer 
 83.3   contribution to the fund must be equal to 4.2 percent of salary. 
 83.4      (b) By January 1 of each year, the board of directors shall 
 83.5   report to the legislative commission on pensions and retirement, 
 83.6   the chair of the committee on appropriations ways and means of 
 83.7   the house of representatives, and the chair of the committee 
 83.8   on state government finance of the senate on the amount raised 
 83.9   by the employer and employee contribution rates in effect and 
 83.10  whether the total amount is less than, the same as, or more than 
 83.11  the actuarial requirement determined under section 356.215. 
 83.12     (c) If the legislative commission on pensions and 
 83.13  retirement, based on the most recent valuation performed by its 
 83.14  actuary, determines that the total amount raised by the employer 
 83.15  and employee contributions under subdivision 2 and paragraph (b) 
 83.16  is less than the actuarial requirements determined under section 
 83.17  356.215, the employer and employee rates must be increased by 
 83.18  equal amounts as necessary to meet the actuarial requirements.  
 83.19  The employee rate may not exceed 4.15 percent of salary and the 
 83.20  employer rate may not exceed 4.29 percent of salary.  The 
 83.21  increases are effective on the next January 1 following the 
 83.22  determination by the commission.  The executive director of the 
 83.23  Minnesota state retirement system shall notify employing units 
 83.24  of any increases under this paragraph. 
 83.25     Sec. 106.  Minnesota Statutes 1996, section 352B.02, 
 83.26  subdivision 1c, is amended to read: 
 83.27     Subd. 1c.  [EMPLOYER CONTRIBUTIONS.] (a) In addition to 
 83.28  member contributions, department heads shall pay a sum equal to 
 83.29  14.88 percent of the salary upon which deductions were made, 
 83.30  which shall constitute the employer contribution to the fund.  
 83.31  Department contributions must be paid out of money appropriated 
 83.32  to departments for this purpose. 
 83.33     (b) By January 1 of each year, the board of directors shall 
 83.34  report to the legislative commission on pensions and retirement, 
 83.35  the chair of the committee on appropriations ways and means of 
 83.36  the house of representatives, and the chair of the committee 
 84.1   on state government finance of the senate on the amount raised 
 84.2   by the employer and employee contribution rates in effect and 
 84.3   whether the total amount is less than, the same as, or more than 
 84.4   the actuarial requirement determined under section 356.215. 
 84.5      Sec. 107.  Minnesota Statutes 1996, section 354.42, 
 84.6   subdivision 5, is amended to read: 
 84.7      Subd. 5.  [ADDITIONAL EMPLOYER CONTRIBUTION.] To amortize 
 84.8   the unfunded actuarial accrued liability computed under the 
 84.9   entry age actuarial cost method and disclosed under the annual 
 84.10  actuarial valuations prepared by the commission-retained actuary 
 84.11  under section 356.215, an additional employer contribution shall 
 84.12  be made in the amount of 3.64 percent of the salary of each 
 84.13  member.  
 84.14     This contribution must be made in the manner provided in 
 84.15  section 354.52, subdivision 4. 
 84.16     By January 1 of each year, the board of directors shall 
 84.17  report to the legislative commission on pensions and retirement, 
 84.18  the chair of the committee on appropriations ways and means of 
 84.19  the house of representatives, and the chair of the committee 
 84.20  on state government finance of the senate on the amount raised 
 84.21  by the additional employer contribution rate in effect and 
 84.22  whether that amount is less than, the same as, or more than the 
 84.23  required amortization contribution determined under section 
 84.24  356.215. 
 84.25     Sec. 108.  Minnesota Statutes 1996, section 354A.12, 
 84.26  subdivision 2b, is amended to read: 
 84.27     Subd. 2b.  [REPORT ON CONTRIBUTION INSUFFICIENCIES.] By 
 84.28  January 1 of each year, the executive secretary or director of 
 84.29  each first class city teachers retirement fund association shall 
 84.30  report to the chair of the legislative commission on pensions 
 84.31  and retirement, the chair of the committee on ways and means of 
 84.32  the house of representatives, and the chair of the committee 
 84.33  on state government finance of the senate on the amount raised 
 84.34  by the additional employer contribution rates then in effect and 
 84.35  the sufficiency of the total statutory support when compared to 
 84.36  the total required contributions determined under section 
 85.1   356.215. 
 85.2      Sec. 109.  Minnesota Statutes 1996, section 355.50, is 
 85.3   amended to read: 
 85.4      355.50 [STATE EMPLOYEES, APPROPRIATION.] 
 85.5      With respect to state employees, each department and agency 
 85.6   shall pay the amounts required by sections 355.41 to 355.60 from 
 85.7   such accounts and funds from which each department or agency 
 85.8   receives its revenue, including appropriations from the general 
 85.9   fund and from any other fund, now or hereafter existing, for the 
 85.10  payment of salaries and in the same proportion as it pays 
 85.11  therefrom the amounts of such salaries.  Such payments shall be 
 85.12  charged as an administrative cost by such units of state 
 85.13  government.  
 85.14     If the federal government increases the required 
 85.15  contributions for social security, and as a result of the 
 85.16  increase there are insufficient moneys in any such accounts or 
 85.17  fund or source of revenue to make the payments to the 
 85.18  contribution fund required by sections 355.41 to 355.60 by such 
 85.19  departments or agencies, there is hereby appropriated to such 
 85.20  department or agency from any moneys in the state treasury not 
 85.21  otherwise appropriated such moneys as are required to meet such 
 85.22  deficiencies.  The amount of each payment made pursuant to these 
 85.23  provisions shall be certified by the commissioner of employee 
 85.24  relations to the commissioner of finance at such times as the 
 85.25  commissioner of finance shall require.  The amount certified as 
 85.26  necessary to meet a deficiency caused by an increase in federal 
 85.27  contribution requirements shall be reported to the senate 
 85.28  committee committees on finance and the house committee on ways 
 85.29  and means before the commissioner of finance transfers any money 
 85.30  to meet the deficiency.  
 85.31     For those employees of the state or its instrumentalities 
 85.32  who as eligible members in the state employees retirement 
 85.33  association are employed by the state horticultural society, the 
 85.34  disabled American veterans, department of Minnesota, veterans of 
 85.35  foreign wars, department of Minnesota, the Minnesota crop 
 85.36  improvement association, the Minnesota historical society, the 
 86.1   armory building commission and the 
 86.2   Minnesota-Wisconsin-Minneapolis-St. Paul survival plan project, 
 86.3   these units of government shall also pay into the contribution 
 86.4   fund contributions with respect to wages equal to the sum of 
 86.5   taxes which would be imposed by the Federal Insurance 
 86.6   Contributions Act if the services covered by such agreement or 
 86.7   modification constituted employment within the meaning of that 
 86.8   act.  
 86.9      Sec. 110.  Minnesota Statutes 1996, section 356.88, 
 86.10  subdivision 1, is amended to read: 
 86.11     Subdivision 1.  [DUE DATES.] (a) Proposed administrative 
 86.12  legislation recommended by or on behalf of the Minnesota state 
 86.13  retirement system, the public employees retirement association, 
 86.14  the teachers retirement association, the Minneapolis employees 
 86.15  retirement fund, or a first class city teachers retirement fund 
 86.16  association must be presented to the legislative commission on 
 86.17  pensions and retirement, the governmental operations and 
 86.18  reform veterans committee of the senate, and the governmental 
 86.19  operations and gaming committee of the house of representatives 
 86.20  on or before October 1 of each year in order for the proposed 
 86.21  administrative legislation to be acted upon during the upcoming 
 86.22  legislative session.  The executive director or the deputy 
 86.23  executive director of the legislative commission on pensions and 
 86.24  retirement shall provide written comments on the proposed 
 86.25  provisions to the public pension plans by November 15 of each 
 86.26  year. 
 86.27     (b) Proposed administrative legislation recommended by or 
 86.28  on behalf of a public employee pension plan or system under 
 86.29  paragraph (a) must address provisions: 
 86.30     (1) authorizing allowable service credit for leaves of 
 86.31  absence and related circumstances; 
 86.32     (2) governing offsets or deductions from the amount of 
 86.33  disability benefits; 
 86.34     (3) authorizing the purchase of allowable service credit 
 86.35  for prior uncredited periods; 
 86.36     (4) governing subsequent employment earnings by reemployed 
 87.1   annuitants; and 
 87.2      (5) authorizing retroactive effect for retirement annuity 
 87.3   or benefit applications. 
 87.4      (c) Where possible and desirable, taking into account the 
 87.5   differences among the public pension plans in existing law and 
 87.6   the unique characteristics of the individual public pension fund 
 87.7   memberships, uniform provisions relating to paragraph (b) for 
 87.8   all applicable public pension plans must be presented for 
 87.9   consideration during the legislative session.  Supporting 
 87.10  documentation setting forth the policy rationale for each set of 
 87.11  uniform provisions must accompany the proposed administrative 
 87.12  legislation. 
 87.13     Sec. 111.  Minnesota Statutes 1996, section 393.07, 
 87.14  subdivision 5, is amended to read: 
 87.15     Subd. 5.  [COMPLIANCE WITH FEDERAL SOCIAL SECURITY ACT; 
 87.16  MERIT SYSTEM.] The commissioner of human services shall have 
 87.17  authority to require such methods of administration as are 
 87.18  necessary for compliance with requirements of the federal Social 
 87.19  Security Act, as amended, and for the proper and efficient 
 87.20  operation of all welfare programs.  This authority to require 
 87.21  methods of administration includes methods relating to the 
 87.22  establishment and maintenance of personnel standards on a merit 
 87.23  basis as concerns all employees of local social services 
 87.24  agencies except those employed in an institution, sanitarium, or 
 87.25  hospital.  The commissioner of human services shall exercise no 
 87.26  authority with respect to the selection, tenure of office, and 
 87.27  compensation of any individual employed in accordance with such 
 87.28  methods.  The adoption of methods relating to the establishment 
 87.29  and maintenance of personnel standards on a merit basis of all 
 87.30  such employees of the local social services agencies and the 
 87.31  examination thereof, and the administration thereof shall be 
 87.32  directed and controlled exclusively by the commissioner of human 
 87.33  services. 
 87.34     Notwithstanding the provisions of any other law to the 
 87.35  contrary, every employee of every local social services agency 
 87.36  who occupies a position which requires as prerequisite to 
 88.1   eligibility therefor graduation from an accredited four year 
 88.2   college or a certificate of registration as a registered nurse 
 88.3   under section 148.231, must be employed in such position under 
 88.4   the merit system established under authority of this 
 88.5   subdivision.  Every such employee now employed by a local social 
 88.6   services agency and who is not under said merit system is 
 88.7   transferred, as of January 1, 1962, to a position of comparable 
 88.8   classification in the merit system with the same status therein 
 88.9   as the employee had in the county of employment prior thereto 
 88.10  and every such employee shall be subject to and have the benefit 
 88.11  of the merit system, including seniority within the local social 
 88.12  services agency, as though the employee had served thereunder 
 88.13  from the date of entry into the service of the local social 
 88.14  services agency. 
 88.15     By March 1, 1996, the commissioner of human services shall 
 88.16  report to the chair of the senate health care and family 
 88.17  services finance security budget division and the chair of the 
 88.18  house health and human services finance division on options for 
 88.19  the delivery of merit-based employment services by entities 
 88.20  other than the department of human services in order to reduce 
 88.21  the administrative costs to the state while maintaining 
 88.22  compliance with applicable federal regulations. 
 88.23     Sec. 112.  Minnesota Statutes 1996, section 446A.072, 
 88.24  subdivision 11, is amended to read: 
 88.25     Subd. 11.  [REPORT ON NEEDS.] By October 15 of each 
 88.26  odd-numbered year, the authority, in conjunction with the 
 88.27  pollution control agency, shall prepare a report to the finance 
 88.28  division of the senate environment and natural resources 
 88.29  committee agriculture budget division and the house environment 
 88.30  and natural resources finance committee on wastewater funding 
 88.31  assistance needs of municipalities under this section. 
 88.32     Sec. 113.  Minnesota Statutes 1996, section 473.149, 
 88.33  subdivision 6, is amended to read: 
 88.34     Subd. 6.  [REPORT TO LEGISLATURE.] The director shall 
 88.35  report on abatement to the environment and natural resources 
 88.36  committees of the senate and house of representatives, the 
 89.1   finance division of the senate committee on environment and 
 89.2   natural resources agriculture budget division, and the house of 
 89.3   representatives committee on environment and natural resources 
 89.4   finance by July 1 of each odd-numbered year.  The report must 
 89.5   include an assessment of whether the objectives of the 
 89.6   metropolitan abatement plan have been met and whether each 
 89.7   county and each class of city within each county have achieved 
 89.8   the objectives set for it in the plan.  The report must 
 89.9   recommend any legislation that may be required to implement the 
 89.10  plan.  The report shall be included in the report required by 
 89.11  section 115A.411.  If in any year the director reports that the 
 89.12  objectives of the abatement plan have not been met, the director 
 89.13  shall evaluate and report on the need to reassign governmental 
 89.14  responsibilities among cities, counties, and metropolitan 
 89.15  agencies to assure implementation and achievement of the 
 89.16  metropolitan and local abatement plans and objectives. 
 89.17     The report must include a report on the operating, capital, 
 89.18  and debt service costs of solid waste facilities in the 
 89.19  metropolitan area; changes in the costs; the methods used to pay 
 89.20  the costs; and the resultant allocation of costs among users of 
 89.21  the facilities and the general public.  The facility costs 
 89.22  report must present the cost and financing analysis in the 
 89.23  aggregate and broken down by county and by major facility. 
 89.24     Sec. 114.  Minnesota Statutes 1996, section 473.598, 
 89.25  subdivision 3, is amended to read: 
 89.26     Subd. 3.  [COMMISSION PROPOSAL.] (a) If the commission 
 89.27  makes a final determination to acquire the basketball and hockey 
 89.28  arena, the commission may then submit to the metropolitan 
 89.29  council a proposal to bond for and acquire the basketball and 
 89.30  hockey arena.  The commission's proposal shall contain all 
 89.31  information deemed appropriate or necessary by the council to 
 89.32  its determinations pursuant to section 473.599, subdivision 4.  
 89.33  The commission, in preparing the proposal for the council, shall 
 89.34  require of the sellers and of the professional teams that are 
 89.35  potential lessees or other potential lessees and all of their 
 89.36  affiliated entities any and all data relevant to the 
 90.1   acquisition, financing, ownership, and operation of the 
 90.2   basketball and hockey arena, including, but not limited to, 
 90.3   contracts, agreements, profit and loss statements, annual audit 
 90.4   statements and balance sheets.  The commission shall contract 
 90.5   with an independent, nationally recognized firm of certified 
 90.6   public accountants to perform due diligence and provide an 
 90.7   economic feasibility study or report with regard to the data 
 90.8   received by the commission from the sellers, the potential 
 90.9   lessees, and affiliated entities.  In evaluating whether to 
 90.10  acquire the basketball and hockey arena, the commission shall 
 90.11  consider among other factors, (a) total capital and operating 
 90.12  costs of the basketball and hockey arena to the commission and 
 90.13  total commission revenues from the basketball and hockey arena 
 90.14  over the expected life of the facility, including any 
 90.15  contributions by the state, local units of government or other 
 90.16  organizations, (b) the total governmental costs associated with 
 90.17  the acquisition and operation of the basketball and hockey 
 90.18  arena, including the cost to all units and agencies of 
 90.19  government as well as the costs to the commission, (c) the net 
 90.20  gain or loss of taxes to the state and all local government 
 90.21  units, and (d) economic and other benefits accruing to the 
 90.22  public.  
 90.23     (b) Before submitting its proposal to the metropolitan 
 90.24  council under paragraph (a), the commission shall submit the 
 90.25  proposal to the legislative auditor and the department of 
 90.26  finance for review, evaluation, and comment.  The legislative 
 90.27  auditor shall present the evaluation and comments to the 
 90.28  legislative audit commission.  Both the legislative auditor and 
 90.29  the commissioner of finance shall present their evaluation and 
 90.30  comments to the chairs of the house taxes, and ways and means 
 90.31  committees, to the chair of the state government finance 
 90.32  division of the house governmental operations committee, and to 
 90.33  the chairs of the senate taxes and state government finance 
 90.34  committees.  Any data which is not public data under subdivision 
 90.35  4 shall remain not public data when given to the legislative 
 90.36  auditor or the department of finance. 
 91.1      Sec. 115.  Minnesota Statutes 1996, section 473.608, 
 91.2   subdivision 12a, is amended to read: 
 91.3      Subd. 12a.  [REVENUE BONDS.] (a) The commission may issue 
 91.4   general airport revenue bonds, special facilities bonds, and 
 91.5   passenger facility charge bonds to fund: 
 91.6      (1) airports and air navigation facilities; 
 91.7      (2) other capital improvements at airports managed by the 
 91.8   commission; 
 91.9      (3) noise abatement and natural resource protection 
 91.10  measures, regardless of location and ownership; 
 91.11     (4) transportation and parking improvements related to 
 91.12  airports managed by the commission, regardless of location; and 
 91.13     (5) the refund of any outstanding obligations of the 
 91.14  commission. 
 91.15     The commission may secure the bonds with available revenue 
 91.16  in accordance with generally accepted public financial practices 
 91.17  under a resolution of the commission or trust indenture for the 
 91.18  bonds.  The bonds may not be secured by the full faith and 
 91.19  credit of the commission or a pledge of the taxing authority of 
 91.20  the commission or of any city in or for which the commission has 
 91.21  been created. 
 91.22     (b) The commission shall notify the commissioner of 
 91.23  finance, the chair of the taxes committee of the house of 
 91.24  representatives, and the chair chairs of the senate committees 
 91.25  on local and metropolitan government and on taxes and tax laws 
 91.26  committee of the senate of any proposal to issue bonds under 
 91.27  this subdivision and provide them an opportunity to review the 
 91.28  proposal. 
 91.29     (c) The commission may obligate itself to establish, 
 91.30  revise, and collect rates, fees, charges, and rentals for all 
 91.31  airport and air navigation facilities used by or made available 
 91.32  to any person, firm, association, or corporation to produce 
 91.33  revenues sufficient: 
 91.34     (1) to pay principal and interest on all obligations of the 
 91.35  commission; 
 91.36     (2) to fund reserves for the bonds; 
 92.1      (3) to pay other commission expenses in accordance with law.
 92.2      (d)(1) Any pledge of revenues under this section is 
 92.3   subordinate to the pledge of current revenues to cancel taxes 
 92.4   levied for general obligation revenue bonds issued under section 
 92.5   473.665. 
 92.6      (2) Subject to clause (1), if the bonds meet the conditions 
 92.7   of section 473.667, subdivision 7, the commission may pledge 
 92.8   revenues to the revenue bonds issued under this subdivision on a 
 92.9   parity with the pledge of revenues to general obligation revenue 
 92.10  bonds issued under section 473.667.  The pledge of revenues to 
 92.11  revenue bonds issued under this subdivision may be prior to the 
 92.12  obligation under section 473.667, subdivision 6, to repay any 
 92.13  deficiency taxes levied for general obligation revenue bonds. 
 92.14     (3) The commission may pledge revenues of any discrete 
 92.15  facility or portions of the airport and air navigation 
 92.16  facilities of the commission to the bonds.  The commission may 
 92.17  establish reserves from any available funds or the proceeds of 
 92.18  the bonds and may make other covenants as it deems necessary to 
 92.19  protect the holders of the bonds.  Passenger facility charge 
 92.20  bonds may pledge receipts from passenger facility charges 
 92.21  separately or together with a pledge of other revenues. 
 92.22     (e) The commission may use any powers under chapter 475, 
 92.23  except the power to issue general obligation bonds. 
 92.24     Sec. 116.  Minnesota Statutes 1996, section 473.845, 
 92.25  subdivision 4, is amended to read: 
 92.26     Subd. 4.  [EXPENDITURE NOTIFICATION.] The commissioner 
 92.27  shall notify the director of the office and the environment and 
 92.28  natural resources committees of the senate and house of 
 92.29  representatives, the finance division of the senate committee on 
 92.30  environment and natural resources agriculture budget division, 
 92.31  and the house of representatives committee on environment and 
 92.32  natural resources finance before making expenditures from the 
 92.33  fund.  
 92.34     Sec. 117.  Minnesota Statutes 1996, section 473.846, is 
 92.35  amended to read: 
 92.36     473.846 [REPORT TO LEGISLATURE.] 
 93.1      The agency and the director shall submit to the senate 
 93.2   state government finance committee, the house ways and means 
 93.3   committee, and the environment and natural resources committees 
 93.4   of the senate and house of representatives, the finance division 
 93.5   of the senate committee on environment and natural 
 93.6   resources agriculture budget division, and the house of 
 93.7   representatives committee on environment and natural resources 
 93.8   finance separate reports describing the activities for which 
 93.9   money from the landfill abatement account and contingency action 
 93.10  trust fund has been spent.  The agency shall report by November 
 93.11  1 of each year on expenditures during its previous fiscal year.  
 93.12  The director shall report on expenditures during the previous 
 93.13  calendar year and must incorporate its report in the report 
 93.14  required by section 115A.411, due July 1 of each odd-numbered 
 93.15  year.  The director shall make recommendations to the 
 93.16  environment and natural resources committees of the senate and 
 93.17  house of representatives, the finance division of the senate 
 93.18  committee on environment and natural resources agriculture 
 93.19  budget division, and the house of representatives committee on 
 93.20  environment and natural resources finance on the future 
 93.21  management and use of the metropolitan landfill abatement 
 93.22  account. 
 93.23     Sec. 118.  Minnesota Statutes 1996, section 473.848, 
 93.24  subdivision 4, is amended to read: 
 93.25     Subd. 4.  [OFFICE REPORT.] The office shall include, as 
 93.26  part of its report to the environment and natural resources 
 93.27  committees of the senate and house of representatives, the 
 93.28  finance division of the senate committee on environment and 
 93.29  natural resources agriculture budget division, and the house of 
 93.30  representatives committee on environment and natural resources 
 93.31  finance required under section 473.149, an accounting of the 
 93.32  quantity of unprocessed waste transferred to disposal 
 93.33  facilities, the reasons the waste was not processed, a strategy 
 93.34  for reducing the amount of unprocessed waste, and progress made 
 93.35  by counties to reduce the amount of unprocessed waste.  The 
 93.36  office may adopt standards for determining when waste is 
 94.1   unprocessible and procedures for expediting certification and 
 94.2   reporting of unprocessed waste. 
 94.3      Sec. 119.  [REPEALER.] 
 94.4      Minnesota Statutes 1996, sections 3.873; 3.887; and 
 94.5   241.275, subdivision 5, are repealed. 
 94.6      Sec. 120.  [EFFECTIVE DATE.] 
 94.7      This act is effective the day following final enactment.