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.] Themajority leader of the2.16senate or a designee, the chair of the senate committee on2.17finance, and the chair of the senate division of finance2.18responsible for overseeing the items being considered by the2.19commission, the speaker of the house of representatives or a2.20designee, the chair of the house committee on ways and means,2.21and the chair of the appropriate finance committee, or division2.22of the house committee responsible for overseeing the items2.23being considered by the commissioner, constitute thelegislative 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 the2.28finance committee in the senate and the division chair of the2.29appropriate finance committee or division in the house shall2.30rotate according to the items being considered by the2.31commission. If any of the members elect not to serve on the2.32commission, the house of which they are members, if in session,2.33shall select some other member for the vacancy. If the2.34legislature is not in session, vacancies in the house membership2.35of the commission shall be filled by the last speaker of the2.36house or, if the speaker is not available, by the last chair of2.37the house rules committee, and by the last senate committee on2.38committees or other appointing authority designated by the2.39senate 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 ofthe majority leader of3.14the senate, the president of the senate, two senators appointed3.15by the majority leader, the minority leader of the senate, and3.16one senator appointed by the minority leadersix 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 of18nine members of the 4.14 senateand the house of representatives appointed by the4.15legislative coordinating commissionappointed 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 of4.28the senate or their designees;4.29(2) the chair of the senate committee on taxes or a4.30designee who is a member of the committee;4.31(3) the chair of the senate committee on governmental4.32operations and reform or a designee who is a member of the4.33committee;4.34(4) the chair of the senate committee on finance or a4.35designee who is a member of the committee;4.36(5) threeeight members of the senate appointedby the5.1senate minority leaderin 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 operationsand gamingor 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 ofthea 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 theappropriationsways 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 financecommitteecommittees 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 financecommitteecommittees 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 operationsand gamingcommittee, 7.11 and the senate governmental operations andreformveterans 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 7.30appropriationsways 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 representativesappropriationsways 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 9.6presidentsubcommittee 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 operationsand14.34gamblingof the house of representatives and the committee on 14.35 governmental operations andreformveterans 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 the17.10subcommittee on committees of the committee on rules and17.11administration;one member of the house of representatives, 17.12 appointed by the minority leader; andone membertwo members of 17.13 the senate, appointed by theminority leadersubcommittee 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;two17.22members of the senate appointed by the majority leader of the17.23senate;one member of the house of representatives appointed by 17.24 the minority leader of the house of representatives;one member17.25 three members of the senate appointed by theminority17.26leadersubcommittee 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 taxesand tax lawsof 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, theappropriationsways 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 representativesappropriationsways 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 19.12committeecommittees 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 houseappropriationsways and 20.15 means committee and the appropriate senate financecommittees20.16 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 representativesappropriationsways 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 houseappropriationsways and means committee and the 27.11 appropriate senate financecommitteescommittee 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 thefinance division28.17of theenvironment andnatural resources committeeagriculture 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 [REPORTTO 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 the28.27legislative water commissiona 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 financecommitteecommittees 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 tothe MinnesotaCare finance30.17division ofthe house health and human services committee and 30.18 the senate healthcareand 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, thefinanceenvironment and 31.5 agriculture budget division of the senatecommittee on31.6environment 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, thefinanceenvironment and 31.24 agriculture budget division of the senatecommittee on31.25environment 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 32.1financeenvironment and agriculture budget division of the 32.2 senatecommittee 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 thefinanceenvironment and agriculture budget division of the 33.10 senatecommittee 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 thefinanceenvironment and agriculture budget division of the 33.24 senatecommittee on environment and natural resources, and the 33.25 house of representatives committee on environment and natural 33.26 resources finance byJulyNovember 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, thefinanceenvironment and agriculture budget 34.7 division of the senatecommittee on environment and natural34.8resources, 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, thefinanceenvironment and 34.31 agriculture budget division of the senatecommittee on34.32environment 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, thefinanceenvironment and 35.9 agriculture budget division of the senatecommittee on35.10environment 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 byJulyNovember 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 36.1financeenvironment and agriculture budget division of the 36.2 senatecommittee 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.] ByJulyNovember 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 36.15financeenvironment and agriculture budget division of the 36.16 senatecommittee 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, thefinanceenvironment and 36.26 agriculture budget division of the senatecommittee on36.27environment 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, thefinanceenvironment and 38.7 agriculture budget division of the senatecommittee on38.8environment 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, thefinanceenvironment and 38.31 agriculture budget division of the senatecommittee on38.32environment 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, thefinanceenvironment and agriculture 39.8 budget division of the senatecommittee on environment and39.9natural 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, thefinance41.8 environment and agriculture budget division of the senate 41.9committee 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 thefinanceenvironment and agriculture budget division of the 41.20 senatecommittee 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 the41.23legislative water commissiona 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 planand present itby October 1, 1995,41.30to the legislative commission on waste management, the chairs of41.31the senate finance committee and environment and natural41.32resources finance division and the committees on ways and means41.33and environment and natural resources finance of the house of41.34representatives, and owners and operators of, and persons41.35subject 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, thefinanceenvironment and agriculture 42.23 budget division of the senatecommittee on environment and42.24natural 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 thefinanceenvironment and agriculture budget division of the 42.36 senatecommittee 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, thefinanceenvironment and 43.21 agriculture budget division of the senatecommittee on43.22environment 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, thefinanceenvironment and 44.8 agriculture budget division of the senatecommittee on44.9environment 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, thefinanceenvironment and agriculture budget 45.22 division of the senatecommittee on environment and natural45.23resources, 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, thefinanceenvironment and agriculture budget 46.1 division of the senatecommittee on environment and natural46.2resources, 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; anddesignees of the46.34majority leadera 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 bethe47.25majority and minority leaderstwo 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;and48.15 (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 minority48.19leader; 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 48.34appropriationsways and means committee, chair ofthea 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 representativesappropriationsways 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 houseand senatecommittees on environment and 50.15 natural resourcesor designees appointed for the terms of the50.16chairs, the chairs of theand house ways and meansand senate50.17finance committeesor designees appointed for the terms of the 50.18 chairs,sixeight 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 houseappropriationsways 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 thepresident of the52.33senatesubcommittee 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 asex52.36officiononvoting 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 themajority leadersubcommittee 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 theeducation committees of the legislaturehouse 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 taxesand tax lawsof 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 therules59.1 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 servicesdivisions of the senate finance60.14committee anddivision of the house of representatives 60.15appropriations committeeand 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 servicessubdivisionfinance 60.35 division of theappropriations committee of thehouse of 60.36 representatives, to the chair of the health andhuman services61.1 family security budget division of thefinance committee of the61.2 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 healthcareand 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 OFFICIONONVOTING 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 asex61.27officio,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 62.5appropriationsways 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 ongeneral legislation, veterans affairs, and gaming64.26 governmental operations, and the chair of the senate committee 64.27 ongaming regulationgovernmental 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 66.21appropriationsways 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 houseappropriationsways 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 houseappropriationsways 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 familyservicessecurity committee, the house 68.35 health and human services committee, the healthcareand family 68.36servicessecurity division of the senatefamily services and69.1 healthcare committeesand 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 familyservicessecurity 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 healthcareand family security committee 74.1 and healthcareand familyservices fundingsecurity budget 74.2 division and the house of representatives health and human 74.3 services committee and health and human servicesfundingfinance 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 healthcareand 74.11 familyservices financesecurity budget division of the senate 74.12family services andhealthcare committeesand 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 healthcareand family security committee, the senate health 75.28careand familyservices fundingsecurity 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 77.14an ex officioa nonvoting member of the council. Themajority77.15and minority leaderssubcommittee on committees of the committee 77.16 on rules and administration of the senate shalleachappointa77.17senatortwo senators to serve asan ex officio membernonvoting 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 familyservicessecurity 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 taxesand tax lawscommittee 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 andappropriationways 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 taxesand tax lawsof 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 taxesand tax79.19laws, 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 andappropriationsways and means committees and 80.19 senate taxesand tax lawsand 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 andappropriationsways 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 taxesand 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 themajority82.34leadersubcommittee 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 onappropriationsways 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 onappropriationsways 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 onappropriationsways 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 85.28committeecommittees 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 86.18reformveterans committee of the senate, and the governmental 86.19 operationsand gamingcommittee 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 healthcareand family 88.17services financesecurity 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 thefinance88.28division of thesenate environment andnatural resources88.29committeeagriculture 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,the89.1finance division ofthe senatecommittee onenvironment and 89.2natural resourcesagriculture 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 thechairchairs of the senate committees 91.25 on local and metropolitan government and on taxesand tax laws91.26committee of the senateof 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 ofthe senatecommittee on92.30 environment andnatural resourcesagriculture 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 division93.5ofthe senatecommittee onenvironment andnatural93.6resourcesagriculture 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 ofthe senate 93.18committee onenvironment andnatural resourcesagriculture 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,the93.28finance division ofthe senatecommittee onenvironment and 93.29natural resourcesagriculture 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.