1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to state government; appropriating money for 1.3 the general legislative and administrative expenses of 1.4 state government, criminal justice, and economic 1.5 development; modifying provisions relating to state 1.6 and local government operations; modifying certain fee 1.7 and revenue provisions; modifying certain board and 1.8 commission provisions; modifying certain public safety 1.9 and judiciary provisions; amending Minnesota Statutes 1.10 2002, sections 3.885, subdivision 1; 3A.11, 1.11 subdivision 1; 10A.02, by adding a subdivision; 1.12 10A.025, subdivision 2; 10A.04, by adding 1.13 subdivisions; 10A.34, subdivision 1a, by adding a 1.14 subdivision; 13.072, subdivisions 1, 2; 13.87, 1.15 subdivision 3; 14.48, subdivision 3; 16A.11, 1.16 subdivision 3; 16A.1285, subdivision 3; 16A.40; 1.17 16B.24, subdivision 5; 16B.465, subdivision 7; 16B.48, 1.18 subdivision 2; 16B.54, by adding a subdivision; 1.19 16C.02, subdivision 6; 16C.05, subdivision 2, by 1.20 adding a subdivision; 16C.06, subdivision 1; 16C.08, 1.21 subdivisions 2, 3, 4, by adding a subdivision; 16D.08, 1.22 subdivision 2; 16E.01, subdivision 3; 16E.07, 1.23 subdivision 9; 43A.17, subdivision 9; 116J.8771; 1.24 154.18; 197.608; 239.101, subdivision 3, by adding a 1.25 subdivision; 240.03; 240.10; 240.15, subdivision 6; 1.26 240.155, subdivision 1; 240A.03, subdivision 10; 1.27 240A.04; 240A.06, subdivision 1; 256B.435, subdivision 1.28 2a; 270.052; 270.44; 270A.07, subdivision 1; 271.06, 1.29 subdivision 4; 289A.08, subdivision 16; 299C.10, 1.30 subdivision 4, by adding a subdivision; 299C.48; 1.31 299F.46, subdivision 1, by adding subdivisions; 1.32 299M.03, by adding a subdivision; 303.14; 340A.301, by 1.33 adding a subdivision; 349A.08, subdivision 5; 349A.15; 1.34 357.021, subdivisions 2, 7; 357.022; 357.08; 403.02, 1.35 subdivision 10; 403.06; 403.07, subdivisions 1, 2, 3; 1.36 403.09, subdivision 1; 403.11; 403.113; 473.891, 1.37 subdivision 10, by adding a subdivision; 473.898, 1.38 subdivisions 1, 3; 473.901; 473.902, by adding a 1.39 subdivision; 473.907, subdivision 1; 611A.72; 611A.73, 1.40 subdivisions 2, 6; 611A.74; 624.22, subdivision 1; 1.41 Laws 1998, chapter 366, section 80, as amended; Laws 1.42 2001, First Special Session chapter 8, article 4, 1.43 section 2; proposing coding for new law in Minnesota 1.44 Statutes, chapters 5; 15; 16C; 326; 473; repealing 1.45 Minnesota Statutes 2002, sections 16B.50; 16C.07; 1.46 123B.73. 2.1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.2 ARTICLE 1 2.3 STATE GOVERNMENT APPROPRIATIONS 2.4 Section 1. [STATE GOVERNMENT APPROPRIATIONS.] 2.5 The sums shown in the columns marked "APPROPRIATIONS" are 2.6 appropriated from the general fund, or another fund named, to 2.7 the agencies and for the purposes specified in this act, to be 2.8 available for the fiscal years indicated for each purpose. The 2.9 figures "2003," "2004," and "2005," where used in this act, mean 2.10 that the appropriation or appropriations listed under them are 2.11 available for the year ending June 30, 2003, June 30, 2004, or 2.12 June 30, 2005, respectively. 2.13 SUMMARY BY FUND 2.14 2004 2005 TOTAL 2.15 General $ 269,925,000 $ 268,853,000 $ 538,778,000 2.16 For 2003 - $369,000 2.17 Health Care 2.18 Access 1,782,000 1,782,000 3,564,000 2.19 State Government 2.20 Special Revenue 2,012,000 1,991,000 4,003,000 2.21 Environmental 520,000 436,000 956,000 2.22 Remediation 484,000 484,000 968,000 2.23 Special Revenue 421,000 421,000 842,000 2.24 Highway User Tax 2.25 Distribution 2,097,000 2,097,000 4,194,000 2.26 Workers' 2.27 Compensation 8,080,000 8,143,000 16,223,000 2.28 TOTAL $ 285,321,000 $ 284,207,000 $ 569,628,000 2.29 APPROPRIATIONS 2.30 Available for the Year 2.31 Ending June 30 2.32 2004 2005 2.33 Sec. 2. LEGISLATURE 2.34 Subdivision 1. Total 2.35 Appropriation $57,947,000 $57,947,000 2.36 Summary by Fund 2.37 General 57,819,000 57,819,000 2.38 Health Care Access 128,000 128,000 2.39 The amounts that may be spent from this 2.40 appropriation for each program are 2.41 specified in the following subdivisions. 3.1 Subd. 2. Senate 3.2 19,532,000 19,532,000 3.3 Subd. 3. House of Representatives 3.4 24,999,000 24,999,000 3.5 Subd. 4. Legislative 3.6 Coordinating Commission 3.7 13,416,000 13,416,000 3.8 Summary by Fund 3.9 General 13,288,000 13,288,000 3.10 Health Care Access 128,000 128,000 3.11 $5,431,000 the first year and 3.12 $5,431,000 the second year are for the 3.13 office of the revisor of statutes. 3.14 $1,175,000 the first year and 3.15 $1,175,000 the second year are for the 3.16 legislative reference library. 3.17 $5,012,000 the first year and 3.18 $5,012,000 the second year are for the 3.19 office of the legislative auditor and 3.20 legislative audit commission. 3.21 $25,000 from the general fund and 3.22 $128,000 from the health care access 3.23 fund in the first year, and $25,000 3.24 from the general fund and $128,000 from 3.25 the health care access fund in the 3.26 second year are for expenses related to 3.27 the health care commission. 3.28 During the biennium ending June 30, 3.29 2005, the legislative coordinating 3.30 commission, the office of the 3.31 legislative auditor, and the office of 3.32 the revisor of statutes are not subject 3.33 to the limitations in uses of funds 3.34 provided under Minnesota Statutes, 3.35 section 16A.281. 3.36 During the biennium ending June 30, 3.37 2005, a legislative commission or 3.38 subcommittee of the legislative 3.39 coordinating commission may by 3.40 resolution adopt per diem payments for 3.41 members attending commission meetings 3.42 that are less than the payments 3.43 permitted by rules of the house of 3.44 representatives and the senate. 3.45 (a) If the legislative coordinating 3.46 commission requires employees under its 3.47 jurisdiction to take temporary leave 3.48 without pay during the biennium ending 3.49 June 30, 2005, the first 80 hours of 3.50 leave without pay in fiscal year 2004 3.51 and the first 80 hours of leave without 3.52 pay in fiscal year 2005 are governed by 3.53 this paragraph. The commission must 3.54 permit employees taking this leave to 3.55 continue accruing vacation and sick 3.56 leave, be eligible for paid holidays 4.1 and insurance benefits, accrue 4.2 seniority, and accrue service credit 4.3 and credited salary in state retirement 4.4 plans permitting service credits for 4.5 authorized leaves of absence as if the 4.6 employee had actually been employed 4.7 during the time of the leave. The 4.8 commission may make the employer 4.9 contribution to the employee's 4.10 retirement plan if the employee 4.11 participates in a defined contribution 4.12 plan. If the leave without pay is for 4.13 one full pay period or longer, any 4.14 holiday pay must be included in the 4.15 first payroll warrant after return from 4.16 the leave. Managers must attempt to 4.17 schedule leaves to meet the needs of 4.18 employees and the need to continue 4.19 efficient operation of their offices. 4.20 (b) Notwithstanding Minnesota Statutes, 4.21 section 43A.18, subdivisions 2 and 3, 4.22 the legislative coordinating commission 4.23 may require employees in the office of 4.24 the legislative auditor whose terms and 4.25 conditions of employment are determined 4.26 through the commissioner and managerial 4.27 compensation plans to take leave 4.28 without pay as described in paragraph 4.29 (a). 4.30 Sec. 3. GOVERNOR AND 4.31 LIEUTENANT GOVERNOR 3,206,000 3,206,000 4.32 This appropriation is to fund the 4.33 offices of the governor and lieutenant 4.34 governor. 4.35 $19,000 the first year and $19,000 the 4.36 second year are for necessary expenses 4.37 in the normal performance of the 4.38 governor's and lieutenant governor's 4.39 duties for which no other reimbursement 4.40 is provided. 4.41 By September 1 of each year, the 4.42 commissioner of finance shall report to 4.43 the chairs of the senate governmental 4.44 operations budget division and the 4.45 house state government finance division 4.46 any personnel costs incurred by the 4.47 office of the governor and lieutenant 4.48 governor that were supported by 4.49 appropriations to other agencies during 4.50 the previous fiscal year. The office 4.51 of the governor shall inform the chairs 4.52 of the divisions before initiating any 4.53 interagency agreements. 4.54 Sec. 4. STATE AUDITOR 8,306,000 8,306,000 4.55 $6,513,000 the first year and 4.56 $6,513,000 the second year are for the 4.57 audit practice division. The state 4.58 auditor shall recover by fee 4.59 $13,026,000 for the biennium and 4.60 deposit this amount as a nondedicated 4.61 receipt to the general fund as provided 4.62 in Minnesota Statutes, section 6.58. 4.63 Sec. 5. ATTORNEY GENERAL 24,875,000 24,854,000 5.1 Summary by Fund 5.2 General 22,634,000 22,634,000 5.3 State Government 5.4 Special Revenue 1,612,000 1,591,000 5.5 Environmental 145,000 145,000 5.6 Remediation 484,000 484,000 5.7 Sec. 6. SECRETARY OF STATE 6,016,000 6,136,000 5.8 For 2003 - $369,000 5.9 $369,000 is appropriated in fiscal year 5.10 2003 from the general fund to the 5.11 secretary of state for payment of the 5.12 attorney fees awarded by court order in 5.13 Zachman et al. vs. Kiffmeyer et al. 5.14 This is a onetime appropriation and not 5.15 added to the secretary of state's base 5.16 budget. 5.17 $104,000 the first year and $104,000 5.18 the second year are for maintaining 5.19 services for business customers. 5.20 In the office's biennial budget 5.21 submission for the 2006-2007 biennium, 5.22 each direct and indirect cost 5.23 associated with operating the business 5.24 services units and the election unit of 5.25 the office must be itemized for each of 5.26 these two functional areas. 5.27 Sec. 7. CAMPAIGN FINANCE AND 5.28 PUBLIC DISCLOSURE BOARD 712,000 712,000 5.29 Sec. 8. INVESTMENT BOARD 2,408,000 2,408,000 5.30 Sec. 9. ADMINISTRATIVE HEARINGS 7,980,000 8,043,000 5.31 This appropriation is from the workers' 5.32 compensation fund. 5.33 Sec. 10. OFFICE OF STRATEGIC 5.34 AND LONG-RANGE PLANNING 3,264,000 3,264,000 5.35 Sec. 11. ADMINISTRATION 5.36 Subdivision 1. Total 5.37 Appropriation 24,825,000 21,825,000 5.38 The amounts that may be spent from this 5.39 appropriation for each program are 5.40 specified in the following subdivisions. 5.41 Subd. 2. Operations Management 5.42 2,669,000 2,669,000 5.43 The commissioner of administration, in 5.44 consultation with the commissioner of 5.45 finance, must identify savings from 5.46 reduced usage of vehicles and 5.47 telecommunication devices equal to 5.48 $10,000,000 for the fiscal year 5.49 2004-2005 biennium. The savings must 5.50 be deposited into the general fund by 5.51 June 30, 2005. 6.1 Subd. 3. Office of Technology 6.2 3,479,000 2,479,000 6.3 $1,000,000 in the first year is to be 6.4 transferred to the technology 6.5 enterprise fund. 6.6 Subd. 4. Facilities Management 6.7 13,041,000 11,041,000 6.8 $7,888,000 the first year and 6.9 $7,888,000 the second year are for 6.10 office space costs of the legislature 6.11 and veterans organizations, for 6.12 ceremonial space, and for statutorily 6.13 free space. 6.14 $2,000,000 in the first year is for 6.15 onetime agency relocations as a result 6.16 of implementing the CORE report 6.17 recommendations. 6.18 Subd. 5. Management Services 6.19 2,854,000 2,854,000 6.20 $196,000 the first year and $196,000 6.21 the second year are for the office of 6.22 the state archaeologist. 6.23 $74,000 the first year and $74,000 the 6.24 second year are for the developmental 6.25 disabilities council. 6.26 Subd. 6. Public Broadcasting 6.27 2,782,000 2,782,000 6.28 $1,392,000 the first year and 6.29 $1,392,000 the second year are for 6.30 matching grants for public television. 6.31 $283,000 the first year and $283,000 6.32 the second year are for public 6.33 television equipment grants. 6.34 Equipment or matching grant allocations 6.35 shall be made after considering the 6.36 recommendations of the Minnesota public 6.37 television association. 6.38 $423,000 the first year and $423,000 6.39 the second year are for grants and for 6.40 contracts with the senate and house of 6.41 representatives for public information 6.42 television, Internet, and other 6.43 transmission of legislative 6.44 activities. At least one-half must go 6.45 for programming to be broadcast and 6.46 transmitted to rural Minnesota. 6.47 $20,000 the first year and $20,000 the 6.48 second year are for grants to the Twin 6.49 Cities regional cable channel. 6.50 $258,000 the first year and $258,000 6.51 the second year are for community 6.52 service grants to public educational 6.53 radio stations. 7.1 $74,000 the first year and $74,000 the 7.2 second year are for equipment grants to 7.3 public educational radio stations. The 7.4 grants must be allocated after 7.5 considering the recommendations of the 7.6 association of Minnesota public 7.7 educational radio stations under 7.8 Minnesota Statutes, section 129D.14. 7.9 $332,000 the first year and $332,000 7.10 the second year are for equipment 7.11 grants to Minnesota Public Radio, Inc. 7.12 If an appropriation for either year for 7.13 grants to public television or radio 7.14 stations is not sufficient, the 7.15 appropriation for the other year is 7.16 available for it. 7.17 Sec. 12. CAPITOL AREA ARCHITECTURAL 7.18 AND PLANNING BOARD 278,000 278,000 7.19 During the biennium ending June 30, 7.20 2005, money received by the board from 7.21 public agencies, as provided by 7.22 Minnesota Statutes, section 15.50, 7.23 subdivision 3, is appropriated to the 7.24 board. 7.25 Sec. 13. FINANCE 7.26 Subdivision 1. Total 7.27 Appropriation 15,216,000 15,216,000 7.28 The amounts that may be spent from this 7.29 appropriation for each program are 7.30 specified in the following subdivisions. 7.31 Subd. 2. State Financial Management 7.32 8,711,000 8,711,000 7.33 Subd. 3. Information and 7.34 Management Services 7.35 6,505,000 6,505,000 7.36 Sec. 14. EMPLOYEE RELATIONS 7.37 Subdivision 1. Total 7.38 Appropriation 6,188,000 6,188,000 7.39 The amounts that may be spent from this 7.40 appropriation for each program are 7.41 specified in the following subdivisions. 7.42 Subd. 2. Employee Insurance 7.43 63,000 63,000 7.44 Subd. 3. Human Resources Management 7.45 6,125,000 6,125,000 7.46 The commissioner of employee relations 7.47 shall convene a work group to study the 7.48 structure of current human resources 7.49 processes and responsibilities related 7.50 to technology systems. The study 7.51 should include: 8.1 (1) an analysis of the current division 8.2 of labor for completing standard human 8.3 resource electronic transactions; 8.4 (2) opportunities for improvements to 8.5 the current structure that will create 8.6 more effective and efficient methods of 8.7 operation; 8.8 (3) the recommended course of action to 8.9 maximize the use of statewide systems 8.10 and resources; and 8.11 (4) a plan to address any fiscal impact 8.12 necessitated by the proposed plan. 8.13 The commissioner must provide a report 8.14 of findings to the chairs of the house 8.15 state government finance committee and 8.16 senate state government budget division 8.17 by January 19, 2004. 8.18 Sec. 15. REVENUE 8.19 Subdivision 1. Total 8.20 Appropriation 92,392,000 95,127,000 8.21 Summary by Fund 8.22 General 88,266,000 91,085,000 8.23 Health Care Access 1,654,000 1,654,000 8.24 Highway User 8.25 Tax Distribution 2,097,000 2,097,000 8.26 Environmental 375,000 291,000 8.27 The amounts that may be spent from this 8.28 appropriation for each program are 8.29 specified in the following subdivisions. 8.30 Subd. 2. Tax System Management 8.31 78,140,000 80,063,000 8.32 Summary by Fund 8.33 General 74,014,000 76,021,000 8.34 Health Care Access 1,654,000 1,654,000 8.35 Highway User 8.36 Tax Distribution 2,097,000 2,097,000 8.37 Environmental 375,000 291,000 8.38 $1,840,000 the first year and 8.39 $4,047,000 the second year are for 8.40 additional activities to identify and 8.41 collect tax liabilities from 8.42 individuals and businesses that 8.43 currently do not pay all taxes owed. 8.44 This initiative is expected to result 8.45 in new general fund revenues of 8.46 $46,119,000 for the biennium ending 8.47 June 30, 2005. 8.48 The department must report to the 8.49 chairs of the house ways and means and 8.50 senate finance committees by March 1, 9.1 2004, and January 15, 2005, on the 9.2 following performance indicators: 9.3 (1) the number of corporations 9.4 noncompliant with the corporate tax 9.5 system each year and the percentage and 9.6 dollar amounts of valid tax liabilities 9.7 collected; 9.8 (2) the number of businesses 9.9 noncompliant with the sales and use tax 9.10 system and the percentage and dollar 9.11 amounts of the valid tax liabilities 9.12 collected; and 9.13 (3) the number of individual 9.14 noncompliant cases resolved and the 9.15 percentage and dollar amounts of valid 9.16 tax liabilities collected. 9.17 The reports must also identify base 9.18 level expenditures and staff positions 9.19 related to compliance and audit 9.20 activities, including baseline 9.21 information as of January 1, 2002. The 9.22 information must be provided at the 9.23 budget activity level. 9.24 $30,000 from the general fund the first 9.25 year and $30,000 from the general fund 9.26 the second year are for the preparation 9.27 of the income tax sample. 9.28 $200,000 is appropriated from the 9.29 general fund to the commissioner of 9.30 revenue to make grants to one or more 9.31 nonprofit organizations, qualifying 9.32 under section 501(c)(3) of the Internal 9.33 Revenue Code of 1986, to coordinate, 9.34 facilitate, encourage, and aid in the 9.35 provision of taxpayer assistance 9.36 services. This appropriation is 9.37 available for fiscal years 2004 and 9.38 2005 and does not become a part of the 9.39 base. "Taxpayer assistance services" 9.40 means accounting and tax preparation 9.41 services provided by volunteers to 9.42 low-income and disadvantaged Minnesota 9.43 residents to help them file federal and 9.44 state income tax returns and Minnesota 9.45 property tax refund claims and to 9.46 provide personal representation before 9.47 the department of revenue and Internal 9.48 Revenue Service. 9.49 Subd. 3. Accounts Receivable Management 9.50 14,252,000 15,064,000 9.51 $1,210,000 the first year and 9.52 $2,022,000 the second year are for 9.53 additional activities to identify and 9.54 collect tax liabilities from 9.55 individuals and businesses that 9.56 currently do not pay all taxes owed. 9.57 Sec. 16. MILITARY AFFAIRS 9.58 Subdivision 1. Total 9.59 Appropriation 12,279,000 12,279,000 10.1 The amounts that may be spent from this 10.2 appropriation for each program are 10.3 specified in the following subdivisions. 10.4 Subd. 2. Maintenance of Training 10.5 Facilities 10.6 5,590,000 5,590,000 10.7 Subd. 3. General Support 10.8 1,757,000 1,757,000 10.9 Subd. 4. Enlistment Incentives 10.10 4,857,000 4,857,000 10.11 If appropriations for either year of 10.12 the biennium are insufficient, the 10.13 appropriation from the other year is 10.14 available. The appropriations for 10.15 enlistment incentives are available 10.16 until expended. 10.17 $500,000 of the appropriation in Laws 10.18 2001, First Special Session chapter 10, 10.19 article 1, section 17, subdivision 4, 10.20 for enlistment incentives is canceled 10.21 to the general fund. 10.22 Subd. 5. Emergency Services 10.23 75,000 75,000 10.24 These appropriations are for expenses 10.25 of military forces ordered to active 10.26 duty under Minnesota Statutes, chapter 10.27 192. If the appropriation for either 10.28 year is insufficient, the appropriation 10.29 for the other year is available for it. 10.30 Sec. 17. VETERANS AFFAIRS 4,188,000 4,138,000 10.31 $186,000 of the appropriation in Laws 10.32 1997, chapter 202, article 1, section 10.33 19, and Laws 1999, chapter 250, article 10.34 1, section 18, for the Gulf War bonus 10.35 program is canceled to the general fund. 10.36 $10,000 of the appropriation in Laws 10.37 1997, chapter 202, article 1, section 10.38 19, for the Park Rapids veterans 10.39 memorial is canceled to the general 10.40 fund. 10.41 $200,000 the first year and $150,000 10.42 the second year are for grants to 10.43 Vinland Center. This is a onetime 10.44 appropriation and does not become part 10.45 of the base. 10.46 Sec. 18. VETERANS OF FOREIGN 10.47 WARS 55,000 55,000 10.48 For carrying out the provisions of Laws 10.49 1945, chapter 455. 10.50 Sec. 19. MILITARY ORDER OF 10.51 THE PURPLE HEART 20,000 20,000 10.52 Sec. 20. DISABLED AMERICAN VETERANS 13,000 13,000 11.1 For carrying out the provisions of Laws 11.2 1941, chapter 425. 11.3 Sec. 21. GAMBLING CONTROL 3,292,000 3,226,000 11.4 $866,000 the first year and $800,000 11.5 the second year are from the general 11.6 fund for increased gambling enforcement. 11.7 Sec. 22. RACING COMMISSION 525,000 421,000 11.8 Summary by Fund 11.9 General 104,000 -0- 11.10 Special Revenue 421,000 421,000 11.11 The general fund appropriation in 11.12 fiscal year 2004 is intended to assist 11.13 with the transition to fee-based 11.14 funding. The commissioner of finance 11.15 must approve the use of this onetime 11.16 appropriation and require that it be 11.17 reimbursed to the general fund from the 11.18 special revenue fund. 11.19 Sec. 23. STATE LOTTERY 11.20 Notwithstanding Minnesota Statutes, 11.21 section 349A.10, the operating budget 11.22 must not exceed $43,538,000 in fiscal 11.23 year 2004 and $43,538,000 in fiscal 11.24 year 2005 and thereafter. The savings 11.25 must be transferred 60 percent to the 11.26 general fund in the state treasury and 11.27 40 percent to the Minnesota environment 11.28 and natural resources trust fund in the 11.29 state treasury. 11.30 Sec. 24. AMATEUR SPORTS 11.31 COMMISSION 525,000 525,000 11.32 Sec. 25. TORT CLAIMS 161,000 161,000 11.33 To be spent by the commissioner of 11.34 finance. 11.35 If the appropriation for either year is 11.36 insufficient, the appropriation for the 11.37 other year is available for it. 11.38 Sec. 26. MINNESOTA STATE 11.39 RETIREMENT SYSTEM 2,518,000 2,727,000 11.40 The amounts estimated to be needed for 11.41 each program are as follows: 11.42 (a) Legislators 11.43 2,150,000 2,300,000 11.44 Under Minnesota Statutes, sections 11.45 3A.03, subdivision 2; 3A.04, 11.46 subdivisions 3 and 4; and 3A.11. 11.47 (b) Constitutional Officers 11.48 368,000 427,000 11.49 Under Minnesota Statutes, sections 11.50 352C.031, subdivision 5; 352C.04, 12.1 subdivision 3; and 352C.09, subdivision 12.2 2. 12.3 If an appropriation in this section for 12.4 either year is insufficient, the 12.5 appropriation for the other year is 12.6 available for it. 12.7 Sec. 27. MINNEAPOLIS EMPLOYEES 12.8 RETIREMENT FUND 6,632,000 6,632,000 12.9 Sec. 28. GENERAL CONTINGENT 12.10 ACCOUNTS 1,500,000 500,000 12.11 Summary by Fund 12.12 General 1,000,000 -0- 12.13 State Government 12.14 Special Revenue 400,000 400,000 12.15 Workers' 12.16 Compensation 100,000 100,000 12.17 The appropriations in this section may 12.18 only be spent with the approval of the 12.19 governor after consultation with the 12.20 legislative advisory commission 12.21 pursuant to Minnesota Statutes, section 12.22 3.30. 12.23 If an appropriation in this section for 12.24 either year is insufficient, the 12.25 appropriation for the other year is 12.26 available for it. 12.27 Sec. 29. [EFFECTIVE DATE.] 12.28 The appropriations for fiscal year 2003 are effective the 12.29 day following final enactment. All other appropriations are 12.30 effective July 1, 2003. 12.31 ARTICLE 2 12.32 STATE GOVERNMENT OPERATIONS 12.33 Section 1. Minnesota Statutes 2002, section 3.885, 12.34 subdivision 1, is amended to read: 12.35 Subdivision 1. [MEMBERSHIP.] The legislative commission on 12.36 planning and fiscal policy consists of
18nine members of the 12.37 senate appointed by the subcommittee on committees of the 12.38 committee on rules and administration and nine members of the 12.39 house of representatives appointed by the legislative12.40 coordinating commissionspeaker. Vacancies on the commission 12.41 are filled in the same manner as original appointments. The 12.42 commission shall elect a chair and a vice-chair from among its 12.43 members. The chair alternates between a member of the senate 12.44 and a member of the house in January of each odd-numbered year. 13.1 Sec. 2. Minnesota Statutes 2002, section 3A.11, 13.2 subdivision 1, is amended to read: 13.3 Subdivision 1. [TRANSFER OF RESERVES.] The reservescosts 13.4 necessary to fund the retirement allowance granted pursuant to 13.5 section 3A.02 to a former legislator upon retirement shall be 13.6 appropriated from the general fund to the director and shall be13.7 transferred by the director to the Minnesota postretirement13.8 investment fund as of the last business day of the month in13.9 which the retirement allowance begins to accrue in accord with13.10 section 11A.18. The amount of the transfer shall be determined13.11 by or determined under a procedure specified by the actuary13.12 retained by the legislative commission on pensions and13.13 retirement, in accord with the appropriate mortality table13.14 adopted by the board of directors of the Minnesota state13.15 retirement system based on the experience of the plan as13.16 recommended by the commission-retained actuary and the interest13.17 rate assumption specified in section 356.215, subdivision 8for 13.18 payment of pension obligations due to the retiree as provided in 13.19 this chapter. 13.20 Sec. 3. [5.30] [HELP AMERICA VOTE ACT ACCOUNT.] 13.21 Subdivision 1. [ESTABLISHMENT.] The Help America Vote Act 13.22 account is established as an account in the state treasury. 13.23 Money received from the federal government under the Help 13.24 America Vote Act, Public Law 107-252, must be deposited in the 13.25 state treasury and credited to the account. Money appropriated 13.26 from the general fund to meet the matching requirement of 13.27 section 253(b)(5) of the Help America Vote Act must be 13.28 transferred to the account. Money earned from investing the 13.29 assets of the account must be credited to the account. Money in 13.30 the account does not cancel but remains available until 13.31 expended. The account is subject to the requirements of section 13.32 254(b) of the Help America Vote Act. 13.33 Subd. 2. [APPROPRIATION.] Notwithstanding section 4.07, 13.34 money in the Help America Vote Act account may be spent only 13.35 pursuant to direct appropriations enacted from time to time by 13.36 law. Money in the account must be spent to improve 14.1 administration of elections in accordance with the Help America 14.2 Vote Act and the state plan certified by the governor under the 14.3 act and for reporting and administrative requirements under the 14.4 act and plan. Money in the account must be used in a manner 14.5 that is consistent with the maintenance of effort requirements 14.6 of section 254(a)(7) of the Help America Vote Act, Public Law 14.7 107-252, based on the level of state expenditures for the fiscal 14.8 year ending June 30, 2000. 14.9 [EFFECTIVE DATE.] This section is effective retroactively 14.10 to the full extent permitted by the Help America Vote Act, 14.11 Public Law 107-252. 14.12 Sec. 4. Minnesota Statutes 2002, section 10A.02, is 14.13 amended by adding a subdivision to read: 14.14 Subd. 15. [DISPOSITION OF FEES.] The board must deposit 14.15 all fees collected under this chapter into the general fund in 14.16 the state treasury. 14.17 Sec. 5. Minnesota Statutes 2002, section 10A.025, 14.18 subdivision 2, is amended to read: 14.19 Subd. 2. [PENALTY FOR FALSE STATEMENTS.] A report or 14.20 statement required to be filed under this chapter must be signed 14.21 and certified as true by the individual required to file the 14.22 report. The signature may be an electronic signature consisting 14.23 of a password assigned by the board. An individual who signs 14.24 and certifies to be true a report or statement knowing it 14.25 contains false information or who knowingly omits required 14.26 information is guilty of a gross misdemeanor and subject to a 14.27 civil penalty imposed by the board of up to $3,000. 14.28 Sec. 6. Minnesota Statutes 2002, section 10A.04, is 14.29 amended by adding a subdivision to read: 14.30 Subd. 1a. [FEE.] Along with the report filed January 15, 14.31 the lobbyist must pay a fee for each individual, association, 14.32 political subdivision, or public higher education system on 14.33 whose behalf the lobbyist has been engaged and for whom the 14.34 lobbyist is reporting. No fee is due for lobbying done on 14.35 behalf of a charitable organization recognized by the Internal 14.36 Revenue Service as exempt from taxation under section 501(c)(3) 15.1 of the Internal Revenue Code of 1986. The fee must be no more 15.2 than necessary to cover the cost of administering sections 15.3 10A.03 to 10A.06. The amount of the fee is $113 per client, 15.4 subject to change for each biennium in accordance with the 15.5 budget request made by the board. A person who has not paid the 15.6 fee required by this section is prohibited from acting as a 15.7 lobbyist. 15.8 Sec. 7. Minnesota Statutes 2002, section 10A.04, is 15.9 amended by adding a subdivision to read: 15.10 Subd. 7a. [TRANSITION.] Lobbyists that are registered on 15.11 the effective date of this section must pay the fee for initial 15.12 registration required by this section within 60 days after the 15.13 effective date of this section. This subdivision expires August 15.14 1, 2004. 15.15 Sec. 8. Minnesota Statutes 2002, section 10A.34, 15.16 subdivision 1a, is amended to read: 15.17 Subd. 1a. [RECOVERING LATEFEES AND PENALTIES.] The board 15.18 may bring an action in the district court in Ramsey county to 15.19 recover a fee, late filing fee, or penalty imposed under this 15.20 chapter. Money recovered must be deposited in the general fund 15.21 of the state. 15.22 Sec. 9. Minnesota Statutes 2002, section 10A.34, is 15.23 amended by adding a subdivision to read: 15.24 Subd. 4. [FAILURE TO PAY FEE; PENALTY.] The board must 15.25 send by certified mail a notice to any person who fails to pay 15.26 when due a fee required by this chapter. The board must send by 15.27 certified mail to any person who fails to pay a fee within 14 15.28 days after the first notice was sent by the board an additional 15.29 notice that the person may be subject to a civil penalty for 15.30 failure to pay the fee. A person who fails to pay the fee 15.31 within seven days after the second notice was sent by the board 15.32 is subject to a civil penalty imposed by the board of up to 15.33 $1,000. 15.34 Sec. 10. Minnesota Statutes 2002, section 13.072, 15.35 subdivision 1, is amended to read: 15.36 Subdivision 1. [OPINION; WHEN REQUIRED.] (a) Upon request 16.1 of a state agency, statewide system, or political16.2 subdivisiongovernment entity, the commissioner may give a 16.3 written opinion on any question relating to public access to 16.4 government data, rights of subjects of data, or classification 16.5 of data under this chapter or other Minnesota statutes governing 16.6 government data practices. Upon request of any person who 16.7 disagrees with a determination regarding data practices made by 16.8 a state agency, statewide system, or political16.9 subdivisiongovernment entity, the commissioner may give a 16.10 written opinion regarding the person's rights as a subject of 16.11 government data or right to have access to government data. 16.12 (b) Upon request of a body subject to chapter 13D, the 16.13 commissioner may give a written opinion on any question relating 16.14 to the body's duties under chapter 13D. Upon request of a 16.15 person who disagrees with the manner in which members of a 16.16 governing body perform their duties under chapter 13D, the 16.17 commissioner may give a written opinion on compliance with 16.18 chapter 13D. A governing body or person requesting an opinion 16.19 under this paragraph must pay the commissioner a fee of $200. 16.20 Fees collected must be deposited in a special revenue fund and 16.21 are appropriated to the commissioner to cover the cost of 16.22 issuing opinions. 16.23 (c) If the commissioner determines that no opinion will be 16.24 issued, the commissioner shall give the state agency, statewide16.25 system, political subdivision,government entity or body subject 16.26 to chapter 13D or person requesting the opinion notice of the 16.27 decision not to issue the opinion within five days of receipt of 16.28 the request. If this notice is not given, the commissioner 16.29 shall issue an opinion within 20 days of receipt of the request. 16.30 (d) For good cause and upon written notice to the person 16.31 requesting the opinion, the commissioner may extend this 16.32 deadline for one additional 30-day period. The notice must 16.33 state the reason for extending the deadline. The state agency,16.34 statewide system,government entity or political subdivisionthe 16.35 members of a body subject to chapter 13D must be provided a 16.36 reasonable opportunity to explain the reasons for its decision 17.1 regarding the data or how they perform their duties under 17.2 chapter 13D. The commissioner or the state agency, statewide17.3 system,government entity or political subdivisionbody subject 17.4 to chapter 13D may choose to give notice to the subject of the 17.5 data concerning the dispute regarding the data or compliance 17.6 with chapter 13D. 17.7 (b)(e) This section does not apply to a determination made 17.8 by the commissioner of health under section 13.3805, subdivision 17.9 1, paragraph (b), or 144.6581. 17.10 (c)(f) A written opinion issued by the attorney general 17.11 shall take precedence over an opinion issued by the commissioner 17.12 under this section. 17.13 Sec. 11. Minnesota Statutes 2002, section 13.072, 17.14 subdivision 2, is amended to read: 17.15 Subd. 2. [EFFECT.] Opinions issued by the commissioner 17.16 under this section are not binding on the state agency,17.17 statewide system,government entity or political subdivision17.18 members of a body subject to chapter 13D whose data or 17.19 performance of duties is the subject of the opinion, but an 17.20 opinion described in subdivision 1, paragraph (a), must be given 17.21 deference by a court in a proceeding involving the data. The 17.22 commissioner shall arrange for public dissemination of opinions 17.23 issued under this section. This section does not preclude a 17.24 person from bringing any other action under this chapter or 17.25 other law in addition to or instead of requesting a written 17.26 opinion. A government entity, members of a body subject to 17.27 chapter 13D, or person that acts in conformity with a written 17.28 opinion of the commissioner issued to the government entity, 17.29 members, or person or to another party is not liable for 17.30 compensatory or exemplary damages or awards of attorneys fees in 17.31 actions under section 13.08 or for a penalty under section 13.09 17.32 or for fines, awards of attorney fees, or any other penalty 17.33 under chapter 13D. A member of a body subject to chapter 13D is 17.34 not subject to forfeiture of office if the member was acting in 17.35 reliance on an opinion. 17.36 Sec. 12. Minnesota Statutes 2002, section 14.48, 18.1 subdivision 3, is amended to read: 18.2 Subd. 3. [ADMINISTRATIVE LAW JUDGES AND COMPENSATION 18.3 JUDGES.] (a) All administrative law judges and compensation 18.4 judges shall be in the classified service except that the chief 18.5 administrative law judge shall be in the unclassified service, 18.6 but may be removed only for cause. 18.7 (b) All administrative law judges and workers' compensation 18.8 judges must be learned in the law and must be free of any 18.9 political or economic association that would impair their 18.10 ability to function in a fair and impartial manner. 18.11 Administrative law judges shall have demonstrated knowledge of 18.12 administrative procedures and workers' compensation judges shall 18.13 have demonstrated knowledge of workers' compensation laws. 18.14 (c) The appointment of individuals as workers' compensation 18.15 judges or as administrative law judges does not preclude the 18.16 chief administrative law judge from establishing a system of 18.17 training to enable them to acquire demonstrable knowledge and to 18.18 become qualified to conduct hearings in the area other than the 18.19 area of their original appointment. Conducting hearings in the 18.20 other area does not affect an administrative law judge's or 18.21 workers' compensation judge's job class established pursuant to 18.22 section 43A.07 or seniority within that job class. The chief 18.23 administrative law judge shall annually notify the department of 18.24 finance of the amount of credit payable to the workers' 18.25 compensation special fund for time spent by workers' 18.26 compensation judges on noncompensation proceedings. 18.27 (d) Administrative law judges and compensation judges are 18.28 subject to the provisions of the code of judicial conduct. 18.29 Administrative law and compensation judges may, however, serve 18.30 as a member of a governmental board when so directed by the 18.31 legislature. The chief administrative law judge shall provide 18.32 training to administrative law and compensation judges about the 18.33 requirements of the code and shall apply the provisions of the 18.34 code to their actions. Only administrative law judges serving 18.35 as temporary judges under a written contract are considered to 18.36 be part-time judges for purposes of the code. Reports required 19.1 to be filed by the code must be filed with the chief 19.2 administrative law judge. The chief administrative law judge 19.3 shall apply the provisions of the code of judicial conduct, to 19.4 the extent applicable, to the other administrative law and 19.5 compensation judges in a manner consistent with interpretations 19.6 made by the board on judicial standards. The chief 19.7 administrative law judge shall follow the procedural 19.8 requirements of the commissioner's plan for state employees if 19.9 any adverse personnel action is taken based in whole or in part 19.10 as a violation of the code of judicial conduct. 19.11 (e) In addition to other duties provided by law, workers' 19.12 compensation and administrative law judges may mediate, 19.13 arbitrate, or take other appropriate action on matters referred 19.14 to the office of administrative hearings by any member of the 19.15 federal or state judicial branch or by the workers' compensation 19.16 court of appeals. 19.17 (f) A workers' compensation judge or an administrative law 19.18 judge must retire no later than the last day of the month in 19.19 which the judge attains 70 years of age. 19.20 Sec. 13. [15.0601] [APPOINTMENT OF GOVERNOR'S SECRETARIES; 19.21 GENERAL POWERS.] 19.22 Subdivision 1. [APPOINTMENT.] The governor shall appoint 19.23 the governor's secretaries, subject to the advice and consent of 19.24 the senate. A secretary serves at the pleasure of the governor 19.25 for a term coincident with that of the governor or until a 19.26 successor is appointed and qualified. Before entering upon the 19.27 discharge of duties, a secretary must take an oath to faithfully 19.28 execute the duties of the office. 19.29 Subd. 2. [DIRECTION BY GOVERNOR.] A secretary is subject 19.30 to the direction and supervision of the governor. Except as 19.31 provided in other law, the agencies assigned to each secretary 19.32 shall: 19.33 (1) exercise their respective powers and duties in 19.34 accordance with the general policy established by the governor 19.35 or by the secretary acting on behalf of the governor; 19.36 (2) provide assistance to the governor or the secretary as 20.1 may be required; and 20.2 (3) forward all reports to the governor through the 20.3 secretary. 20.4 Subd. 3. [DISCRETIONARY AUTHORITY.] Unless the governor 20.5 expressly reserves a power listed in this subdivision, a 20.6 secretary may: 20.7 (1) resolve administrative, jurisdictional, operational, 20.8 program, or policy conflicts between agencies or officials 20.9 assigned; 20.10 (2) direct the formulation of a comprehensive program 20.11 budget for the services of agencies assigned for consideration 20.12 by the governor; 20.13 (3) hold agency heads accountable for their administrative, 20.14 fiscal, and program actions in the conduct of the respective 20.15 powers and duties of the agencies; 20.16 (4) direct the development of goals, objectives, policies, 20.17 and plans that are necessary to the effective and efficient 20.18 operation of government; 20.19 (5) sign documents on behalf of the governor that originate 20.20 with agencies assigned to the secretary; and 20.21 (6) employ the personnel and contract for services as may 20.22 be required to perform the powers and duties conferred upon the 20.23 secretary by law or executive order. 20.24 Subd. 4. [DEFINITION.] For purposes of this section, 20.25 "governor's secretaries" means the secretary of administration, 20.26 the secretary of business development, the secretary of 20.27 education, the secretary of public advocacy, the secretary of 20.28 transportation and safety, the secretary of environment, the 20.29 secretary of finance, and the secretary of health and human 20.30 services. 20.31 [EFFECTIVE DATE.] This section is effective June 30, 2004. 20.32 Sec. 14. [15.0602] [ASSIGNMENT OF AGENCIES.] 20.33 Subdivision 1. [SECRETARY OF ADMINISTRATION.] Except as 20.34 otherwise specifically provided in this section, the following 20.35 agencies report to the secretary of administration: department 20.36 of administration and department of employee relations. 21.1 Subd. 2. [SECRETARY OF BUSINESS DEVELOPMENT.] Except as 21.2 otherwise specifically provided in this section, the following 21.3 agencies report to the secretary of business development: 21.4 bureau of mediation services, department of agriculture, 21.5 department of commerce, department of labor and industry, and 21.6 department of trade and economic development. 21.7 Subd. 3. [SECRETARY OF EDUCATION.] Except as otherwise 21.8 specifically provided in this section, the following agencies 21.9 report to the secretary of education: department of children, 21.10 families, and learning and department of jobs and training. 21.11 Subd. 4. [SECRETARY OF PUBLIC ADVOCACY.] Except as 21.12 otherwise specifically provided in this section, the following 21.13 agencies report to the secretary of public advocacy: department 21.14 of human rights, energy issues intervention office of the 21.15 department of commerce, crime victims ombudsman, ombudsman for 21.16 corrections, ombudsman for mental health and mental retardation, 21.17 and ombudsman for older Minnesotans. 21.18 Subd. 5. [SECRETARY OF TRANSPORTATION AND SAFETY.] Except 21.19 as otherwise specifically provided in this section, the 21.20 following agencies report to the secretary of transportation and 21.21 safety: department of military affairs, department of public 21.22 safety, and department of transportation. 21.23 Subd. 6. [SECRETARY OF ENVIRONMENT.] Except as otherwise 21.24 specifically provided in this section, the following agencies 21.25 report to the secretary of environment: pollution control 21.26 agency and department of natural resources. 21.27 Subd. 7. [SECRETARY OF FINANCE.] Except as otherwise 21.28 specifically provided in this section, the following agencies 21.29 report to the secretary of finance: department of finance, 21.30 department of revenue, and office of strategic and long-range 21.31 planning. 21.32 Subd. 8. [SECRETARY OF HEALTH AND HUMAN SERVICES.] Except 21.33 as otherwise specifically provided in this section, the 21.34 following agencies report to the secretary of health and human 21.35 services: department of corrections, department of health, 21.36 department of human services, department of veterans affairs, 22.1 and housing finance agency. 22.2 [EFFECTIVE DATE.] This section is effective June 30, 2004. 22.3 Sec. 15. Minnesota Statutes 2002, section 16A.11, 22.4 subdivision 3, is amended to read: 22.5 Subd. 3. [PART TWO: DETAILED BUDGET.] (a) Part two of the 22.6 budget, the detailed budget estimates both of expenditures and 22.7 revenues, must contain any statements on the financial plan 22.8 which the governor believes desirable or which may be required 22.9 by the legislature. The detailed estimates shall include the 22.10 governor's budget arranged in tabular form. 22.11 (b) Tables listing expenditures for the next biennium must 22.12 show the appropriation base for each year as well as the 22.13 governor's total recommendation for that year for each 22.14 expenditure line. The appropriation base is the amount 22.15 appropriated for the second year of the current biennium, 22.16 adjusted in accordance with any provisions of law that specify 22.17 changes to the base. 22.18 (c) The detailed estimates must include a separate line 22.19 listing the total number of professional or technical service22.20 contracts andthe total cost of thoseprofessional and technical 22.21 service contracts for the prior biennium and the 22.22 projected number of professional or technical service contracts22.23 and the projectedcosts of those contracts for the current and 22.24 upcoming biennium. They must also include a summary of the 22.25 personnel employed by the agency, reflected as full-time 22.26 equivalent positions , and the number of professional or22.27 technical service consultants for the current biennium. 22.28 (c)(d) The detailed estimates for internal service funds 22.29 must include the number of full-time equivalents by program; 22.30 detail on any loans from the general fund, including dollar 22.31 amounts by program; proposed investments in technology or 22.32 equipment of $100,000 or more; an explanation of any operating 22.33 losses or increases in retained earnings; and a history of the 22.34 rates that have been charged, with an explanation of any rate 22.35 changes and the impact of the rate changes on affected agencies. 22.36 Sec. 16. Minnesota Statutes 2002, section 16A.1285, 23.1 subdivision 3, is amended to read: 23.2 Subd. 3. [DUTIES OF COMMISSIONER OF FINANCE.] The 23.3 commissioner of finance shall classify, monitor, analyze, and 23.4 report all departmental earnings that fall within the definition 23.5 established in subdivision 1. Specifically, the commissioner 23.6 shall: 23.7 (1) establish and maintain a classification system that 23.8 clearly defines and distinguishes categories and types of 23.9 departmental earnings and takes into account the purpose of the 23.10 various earnings types and the extent to which various earnings 23.11 types serve a public or private interest; 23.12 (2) prepare a biennial report that documents collection 23.13 costs, purposes, and yields of all departmental earnings, the 23.14 report to be submitted to the legislature on or before the 23.15 fourth Tuesday in January in each odd-numbered year and to 23.16 include estimated data for the year in which the report is 23.17 prepared, actual data for the two years immediately before, and 23.18 estimates for the two years immediately following; and 23.19 (3) prepare and maintain a detailed directory of all 23.20 departmental earnings. 23.21 In a year following the election of a governor who had not been 23.22 governor the previous year, the report required by clause (2) 23.23 must be submitted by the third Tuesday in February. 23.24 Sec. 17. Minnesota Statutes 2002, section 16A.40, is 23.25 amended to read: 23.26 16A.40 [WARRANTS AND ELECTRONIC FUND TRANSFERS.] 23.27 Money must not be paid out of the state treasury except 23.28 upon the warrant of the commissioner or an electronic fund 23.29 transfer approved by the commissioner. Warrants must be drawn 23.30 on printed blanks that are in numerical order. The commissioner 23.31 shall enter, in numerical order in a warrant register, the 23.32 number, amount, date, and payee for every warrant issued. 23.33 The commissioner may require payees receiving more than ten23.34 payments or $10,000 per year mustto supply the commissioner23.35 withtheir bank routing information to enable the payments to be 23.36 made through an electronic fund transfer. 24.1 Sec. 18. Minnesota Statutes 2002, section 16B.24, 24.2 subdivision 5, is amended to read: 24.3 Subd. 5. [RENTING OUT STATE PROPERTY.] (a) [AUTHORITY.] 24.4 The commissioner may rent out state property, real or personal, 24.5 that is not needed for public use, if the rental is not 24.6 otherwise provided for or prohibited by law. The property may 24.7 not be rented out for more than five years at a time without the 24.8 approval of the state executive council and may never be rented 24.9 out for more than 25 years. A rental agreement may provide that 24.10 the state will reimburse a tenant for a portion of capital 24.11 improvements that the tenant makes to state real property if the 24.12 state does not permit the tenant to renew the lease at the end 24.13 of the rental agreement. 24.14 (b) [RESTRICTIONS.] Paragraph (a) does not apply to state 24.15 trust fund lands, other state lands under the jurisdiction of 24.16 the department of natural resources, lands forfeited for 24.17 delinquent taxes, lands acquired under section 298.22, or lands 24.18 acquired under section 41.56 which are under the jurisdiction of 24.19 the department of agriculture. 24.20 (c) [FORT SNELLING CHAPEL; RENTAL.] The Fort Snelling 24.21 Chapel, located within the boundaries of Fort Snelling State 24.22 Park, is available for use only on payment of a rental fee. The 24.23 commissioner shall establish rental fees for both public and 24.24 private use. The rental fee for private use by an organization 24.25 or individual must reflect the reasonable value of equivalent 24.26 rental space. Rental fees collected under this section must be 24.27 deposited in the general fund. 24.28 (d) [RENTAL OF LIVING ACCOMMODATIONS.] The commissioner 24.29 shall establish rental rates for all living accommodations 24.30 provided by the state for its employees. Money collected as 24.31 rent by state agencies pursuant to this paragraph must be 24.32 deposited in the state treasury and credited to the general fund. 24.33 (e) [LEASE OF SPACE IN CERTAIN STATE BUILDINGS TO STATE 24.34 AGENCIES.] The commissioner may lease portions of the 24.35 state-owned buildings in the capitol complex, the capitol square 24.36 building, the health building, the Duluth government center, and 25.1 the building at 1246 University Avenue, St. Paul, Minnesota, to 25.2 state agencies and the court administrator on behalf of the 25.3 judicial branch of state government and charge rent on the basis 25.4 of space occupied. Notwithstanding any law to the contrary, all 25.5 money collected as rent pursuant to the terms of this section 25.6 shall be deposited in the state treasury. Money collected as 25.7 rent to recover the bond interest costs of a building funded 25.8 from the state bond proceeds fund shall be credited to the 25.9 general fund. Money collected as rent to recover the 25.10 depreciation costs of a building funded from the state bond 25.11 proceeds fund and money collected as rent to recover capital 25.12 expenditures from capital asset preservation and replacement 25.13 appropriations and statewide building access appropriations 25.14 shall be credited to a segregated account in a special revenue 25.15 fund. MoneyFifty percent of the funds in the account must be 25.16 transferred to the general fund. The remaining 50 percent of 25.17 the funds in the account is appropriated to the commissioner to 25.18 be expended for asset preservation projects as determined by the 25.19 commissioner. Money collected as rent to recover the 25.20 depreciation and interest costs of a building built with other 25.21 state dedicated funds shall be credited to the dedicated fund 25.22 which funded the original acquisition or construction. All 25.23 other money received shall be credited to the general services 25.24 revolving fund. 25.25 Sec. 19. Minnesota Statutes 2002, section 16B.465, 25.26 subdivision 7, is amended to read: 25.27 Subd. 7. [EXEMPTION.] The system is exempt from the 25.28 five-year limitation on contracts set by sections 16C.05, 25.29 subdivision 2, paragraph (a), clause (5)(b), 16C.08, 25.30 subdivision 3, clause (7)(5), and 16C.09, clause (6). 25.31 Sec. 20. Minnesota Statutes 2002, section 16B.48, 25.32 subdivision 2, is amended to read: 25.33 Subd. 2. [PURPOSE OF FUNDS.] Money in the state treasury 25.34 credited to the general services revolving fund and money that 25.35 is deposited in the fund is appropriated annually to the 25.36 commissioner for the following purposes: 26.1 (1) to operate a central store and equipment service; 26.2 (2) to operate a central duplication and printing service;26.3 (3)to operate the central mailing service, including 26.4 purchasing postage and related items and refunding postage 26.5 deposits; 26.6 (4)(3) to operate a documents service as prescribed by 26.7 section 16B.51; 26.8 (5)(4) to provide services for the maintenance, operation, 26.9 and upkeep of buildings and grounds managed by the commissioner 26.10 of administration; 26.11 (6)(5) to operate a materials handling service, including 26.12 interagency mail and product delivery, solid waste removal, 26.13 courier service, equipment rental, and vehicle and equipment 26.14 maintenance; 26.15 (7)(6) to provide analytical, statistical, and 26.16 organizational development services to state agencies, local 26.17 units of government, metropolitan and regional agencies, and 26.18 school districts; 26.19 (8)(7) to operate a records center and provide 26.20 micrographics products and services; and 26.21 (9)(8) to perform services for any other agency. Money 26.22 may be expended for this purpose only when directed by the 26.23 governor. The agency receiving the services shall reimburse the 26.24 fund for their cost, and the commissioner shall make the 26.25 appropriate transfers when requested. The term "services" as 26.26 used in this clause means compensation paid officers and 26.27 employees of the state government; supplies, materials, 26.28 equipment, and other articles and things used by or furnished to 26.29 an agency; and utility services and other services for the 26.30 maintenance, operation, and upkeep of buildings and offices of 26.31 the state government. 26.32 Sec. 21. Minnesota Statutes 2002, section 16B.54, is 26.33 amended by adding a subdivision to read: 26.34 Subd. 9. [LIMIT ON LEASING.] Neither the commissioner nor 26.35 any other agency head or constitutional officer may lease or 26.36 otherwise acquire a motor vehicle for the exclusive use of any 27.1 state official or employee, except for the governor. The annual 27.2 salary of an official or employee for whom a motor vehicle is 27.3 provided in violation of this subdivision is reduced by an 27.4 amount equal to the annual cost of the vehicle. This reduction 27.5 is in effect during the period in which the vehicle is provided. 27.6 Sec. 22. Minnesota Statutes 2002, section 16C.02, 27.7 subdivision 6, is amended to read: 27.8 Subd. 6. [CONTRACT.] "Contract" means any written 27.9 instrument or electronic document containing the elements of 27.10 offer, acceptance, and consideration to which an agency is a 27.11 party, including an amendment to or extension of a contract. 27.12 Sec. 23. [16C.045] [REPORTING OF VIOLATIONS.] 27.13 A state employee who discovers evidence of violation of 27.14 laws or rules governing state contracts is encouraged to report 27.15 the violation or suspected violation to the employee's 27.16 supervisor, the commissioner or the commissioner's designee, or 27.17 the legislative auditor. The legislative auditor must report to 27.18 the legislative audit commission if there are multiple 27.19 complaints about the same agency. The auditor's report to the 27.20 legislative audit commission under this section must disclose 27.21 only the number and type of violations alleged. An employee 27.22 making a good faith report under this section is covered by 27.23 section 181.932, prohibiting the employer from discriminating 27.24 against the employee. 27.25 Sec. 24. Minnesota Statutes 2002, section 16C.05, 27.26 subdivision 2, is amended to read: 27.27 Subd. 2. [CREATION AND VALIDITY OF CONTRACTS.] (a) A 27.28 contract is not valid and the state is not bound by it and no 27.29 agency, without the prior written approval of the commissioner 27.30 granted pursuant to subdivision 2a, may authorize work to begin 27.31 on it unless: 27.32 (1) it has first been executed by the head of the agency or 27.33 a delegate who is a party to the contract; 27.34 (2) it has been approved by the commissioner; and 27.35 (3) it has been approved by the attorney general or a27.36 delegate as to form and execution;28.1 (4)the accounting system shows an obligation in an expense28.2 budget orencumbrance for the amount of the contract liability ;28.3 and. 28.4 (5)(b) The combined contract and amendments shallmust not 28.5 exceed five years without specific, written approval by the 28.6 commissioner according to established policy, procedures, and 28.7 standards, or unless otherwise provided for by law. The term of 28.8 the original contract must not exceed two years unless the 28.9 commissioner determines that a longer duration is in the best 28.10 interest of the state. 28.11 (b)(c) Grants, interagency agreements, purchase orders, 28.12 work orders, and annual plans need not, in the discretion of the 28.13 commissioner and attorney general, require the signature of the 28.14 commissioner and/or the attorney general. A signature is not 28.15 required for work orders and amendments to work orders related 28.16 to department of transportation contracts. Bond purchase 28.17 agreements by the Minnesota public facilities authority do not 28.18 require the approval of the commissioner. 28.19 (c)(d) Amendments to contracts must entail tasks that are 28.20 substantially similar to those in the original contract or 28.21 involve tasks that are so closely related to the original 28.22 contract that it would be impracticable for a different 28.23 contractor to perform the work. The commissioner or an agency 28.24 official to whom the commissioner has delegated contracting 28.25 authority under section 16C.03, subdivision 16, must determine 28.26 that an amendment would serve the interest of the state better 28.27 than a new contract and would cost no more. 28.28 (e) A fully executed copy of every contract, amendments to 28.29 the contract, and performance evaluations relating to the 28.30 contract must be kept on file at the contracting agency for a 28.31 time equal to that specified for contract vendors and other 28.32 parties in subdivision 5. 28.33 (f) The attorney general must periodically review and 28.34 evaluate a sample of state agency contracts to ensure compliance 28.35 with laws. 28.36 Sec. 25. Minnesota Statutes 2002, section 16C.05, is 29.1 amended by adding a subdivision to read: 29.2 Subd. 2a. [EMERGENCY AUTHORIZATION.] The commissioner may 29.3 grant an agency approval to authorize work to begin on a 29.4 contract prior to the full execution of the contract in the 29.5 event of an emergency as defined in section 16C.10, subdivision 29.6 2. 29.7 Sec. 26. Minnesota Statutes 2002, section 16C.06, 29.8 subdivision 1, is amended to read: 29.9 Subdivision 1. [PUBLICATION REQUIREMENTS.] Notices of 29.10 solicitations for acquisitions estimated to be more than 29.11 $25,000, or $100,000 in the case of a department of 29.12 transportation acquisition, must be publicized in a manner 29.13 designated by the commissioner. To the extent practical, this 29.14 must include posting on a state Web site. 29.15 Sec. 27. Minnesota Statutes 2002, section 16C.08, 29.16 subdivision 2, is amended to read: 29.17 Subd. 2. [DUTIES OF CONTRACTING AGENCY.] (a) Before an 29.18 agency may seek approval of a professional or technical services 29.19 contract valued in excess of $5,000, it must certify to the29.20 commissioner thatprovide the following: 29.21 (1) a description of how the proposed contract or amendment 29.22 is necessary and reasonable to advance the statutory mission of 29.23 the agency; 29.24 (2) a description of the agency's plan to notify firms or 29.25 individuals who may be available to perform the services called 29.26 for in the solicitation; and 29.27 (3) a description of the performance measures or other 29.28 tools that will be used to monitor and evaluate contract 29.29 performance. 29.30 (b) In addition to paragraph (a), the agency must certify 29.31 that: 29.32 (1) no current state employee is able and available to 29.33 perform the services called for by the contract; 29.34 (2) the normal competitive bidding mechanisms will not 29.35 provide for adequate performance of the services; 29.36 (3) the contractor has certified that the product of the30.1 services will be original in character;30.2 (4)reasonable efforts werewill be made to publicize the 30.3 availability of the contract to the public; 30.4 (5) the agency has received, reviewed, and accepted a30.5 detailed work plan from the contractor for performance under the30.6 contract, if applicable;30.7 (6)(4) the agency has developed,will develop and fully30.8 intends toimplement ,a written plan providing for the 30.9 assignment of specific agency personnel to manage the contract, 30.10 including a monitoring and liaison function, the periodic review 30.11 of interim reports or other indications of past performance, and 30.12 the ultimate utilization of the final product of the 30.13 services; and30.14 (7)(5) the agency will not allow the contractor to begin 30.15 work before the contract is fully executed unless an exception 30.16 under section 16C.05, subdivision 2a, has been granted by the 30.17 commissioner and funds are fully encumbered .; 30.18 (6) the contract will not establish an employment 30.19 relationship between the state or the agency and any persons 30.20 performing under the contract; and 30.21 (7) in the event the results of the contract work will be 30.22 carried out or continued by state employees upon completion of 30.23 the contract, the contractor is required to include state 30.24 employees in development and training, to the extent necessary 30.25 to ensure that after completion of the contract, state employees 30.26 can perform any ongoing work related to the same function. 30.27 (c) A contract establishes an employment relationship for 30.28 purposes of paragraph (b), clause (6), if, under federal laws 30.29 governing the distinction between an employee and an independent 30.30 contract, a person would be considered an employee. 30.31 Sec. 28. Minnesota Statutes 2002, section 16C.08, 30.32 subdivision 3, is amended to read: 30.33 Subd. 3. [PROCEDURE FOR PROFESSIONAL OR TECHNICAL SERVICES 30.34 CONTRACTS.] Before approving a proposed contract for 30.35 professional or technical services, the commissioner must 30.36 determine, at least, that: 31.1 (1) all provisions of subdivision 2 and section 16C.16 have 31.2 been verified or complied with; 31.3 (2) the agency has demonstrated that the work to be 31.4 performed under the contract is necessary to the agency's 31.5 achievement of its statutory responsibilities and there is 31.6 statutory authority to enter into the contract; 31.7 (3) the contract will not establish an employment31.8 relationship between the state or the agency and any persons31.9 performing under the contract;31.10 (4)the contractor and agents are not employees of the 31.11 state; 31.12 (5) no agency has previously performed or contracted for31.13 the performance of tasks which would be substantially duplicated31.14 under the proposed contract;31.15 (6)(4) the contracting agency has specified a satisfactory 31.16 method of evaluating and using the results of the work to be 31.17 performed; and 31.18 (7)(5) the combined contract and amendments will not 31.19 exceed five years, unless otherwise provided for by law. The 31.20 term of the original contract must not exceed two years unless 31.21 the commissioner determines that a longer duration is in the 31.22 best interest of the state. 31.23 Sec. 29. Minnesota Statutes 2002, section 16C.08, 31.24 subdivision 4, is amended to read: 31.25 Subd. 4. [REPORTS.] (a) The commissioner shall submit to 31.26 the governor, the chairs of the house ways and means and senate 31.27 finance committees, and the legislative reference library a 31.28 yearly listing of all contracts for professional or technical 31.29 services executed. The report must identify the contractor, 31.30 contract amount, duration, and services to be provided. The 31.31 commissioner shall also issue yearly reports summarizing the 31.32 contract review activities of the department by fiscal year. 31.33 (b) The fiscal year report must be submitted by September 1 31.34 of each year and must: 31.35 (1) be sorted by agency and by contractor; 31.36 (2) show the aggregate value of contracts issued by each 32.1 agency and issued to each contractor; 32.2 (3) distinguish between contracts that are being issued for 32.3 the first time and contracts that are being extended; 32.4 (4) state the termination date of each contract; and 32.5 (5) identify services by commodity code, including topics 32.6 such as contracts for training, contracts for research and 32.7 opinions, and contracts for computer systems. 32.8 (c) Within 30 days of final completion of a contract over 32.9 $40,000$50,000 covered by this subdivision, the head of the 32.10 agency entering into the contract must submit a one-page report 32.11 to the commissioner who must submit a copy to the legislative 32.12 reference library. The report must: 32.13 (1) summarize the purpose of the contract, including why it 32.14 was necessary to enter into a contract; 32.15 (2) state the amount spent on the contract; and 32.16 (3) explain why this amount was a cost-effective way to32.17 enable the agency to provide its services or products better or32.18 more efficientlybe accompanied by the performance evaluation 32.19 prepared according to subdivision 4a. 32.20 Sec. 30. Minnesota Statutes 2002, section 16C.08, is 32.21 amended by adding a subdivision to read: 32.22 Subd. 4a. [PERFORMANCE EVALUATION.] Upon completion of a 32.23 professional or technical services contract, an agency entering 32.24 into the contract must complete a written performance evaluation 32.25 of the work done under the contract. The evaluation must 32.26 include an appraisal of the contractor's timeliness, quality, 32.27 cost, and overall performance in meeting the terms and 32.28 objectives of the contract. Contractors may request copies of 32.29 evaluations prepared under this subdivision and may respond in 32.30 writing. Contractor responses must be maintained with the 32.31 contract file. 32.32 Sec. 31. [16C.082] [LEGISLATIVE REVIEW OF CONTRACTS.] 32.33 The legislative audit commission must designate legislative 32.34 staff to perform a biennial audit of contracting practices by 32.35 executive agencies. The legislative audit commission must 32.36 determine the scope of the audit each biennium. The audit may 33.1 focus on selected agencies or may be based on a statewide 33.2 sample. In selecting agencies for audits, the legislative audit 33.3 commission must consider violations of law reported to it by the 33.4 legislative auditor. The audits must cover at least the 33.5 following topics: 33.6 (1) compliance with laws and rules, including those 33.7 governing the competitive bidding process; 33.8 (2) the length of contracts; 33.9 (3) the use of amendments to extend existing contracts and 33.10 cost increases contained in these contract amendments; 33.11 (4) the use of single-source contracts; 33.12 (5) the use of master lists; and 33.13 (6) the hourly costs paid to contracts compared to the 33.14 hourly compensation of state employees performing similar work. 33.15 Sec. 32. Minnesota Statutes 2002, section 16D.08, 33.16 subdivision 2, is amended to read: 33.17 Subd. 2. [POWERS.] (a) In addition to the collection 33.18 remedies available to private collection agencies in this state, 33.19 the commissioner, with legal assistance from the attorney 33.20 general, may utilize any statutory authority granted to a 33.21 referring agency for purposes of collecting debt owed to that 33.22 referring agency. The commissioner may also delegate to the33.23 enterpriseuse the tax collection remedies in sections 270.06, 33.24 clauses (7) and (17), excluding the power to subpoena witnesses;33.25 270.66 ;, 270.67, subdivisions 2 and 4, 270.69, excluding33.26 subdivisions 7 and 13;270.70, excluding subdivision 14;33.27 270.7001 to 270.72 ;, and 290.92, subdivision 23 , except that a33.28 continuous wage levy under section 290.92, subdivision 23, is33.29 only effective for 70 days, unless no competing wage33.30 garnishments, executions, or levies are served within the 70-day33.31 period, in which case a wage levy is continuous until a33.32 competing garnishment, execution, or levy is served in the33.33 second or a succeeding 70-day period, in which case a continuous33.34 wage levy is effective for the remainder of that period. A 33.35 debtor may take advantage of any administrative or appeal rights 33.36 contained in the listed sections. For administrative and appeal 34.1 rights for nontax debts, references to administrative appeals or 34.2 to the taxpayer rights advocate shall be construed to be 34.3 references to the case reviewer, references to tax court shall 34.4 be construed to mean district court, and offers in compromise 34.5 shall be submitted to the referring agency. A debtor who 34.6 qualifies for cancellation of collection costs under section 34.7 16D.11, subdivision 3, clause (1), can apply to the commissioner 34.8 for reduction or release of a continuous wage levy, if the 34.9 debtor establishes that the debtor needs all or a portion of the 34.10 wages being levied upon to pay for essential living expenses, 34.11 such as food, clothing, shelter, medical care, or expenses 34.12 necessary for maintaining employment. The commissioner's 34.13 determination not to reduce or release a continuous wage levy is 34.14 appealable to district court. The word "tax" or "taxes" when 34.15 used in the tax collection statutes listed in this subdivision 34.16 also means debts referred under this chapter. 34.17 (b) For debts other than state taxes, child support, or34.18 student loans, before any of the tax collection remedies listed34.19 in this subdivision can be used, except for the remedies in34.20 section 270.06, clauses (7) and (17), if the referring agency34.21 has not already obtained a judgment or filed a lien, the34.22 commissioner must first obtain a judgment against the debtor.34.23 For student loans when the referring agency has not obtained a34.24 judgment or filed a lien,Before using the tax collection 34.25 remedies listed in this subdivision, except for the remedies in34.26 section 270.06, clauses (7) and (17), the commissioner shall34.27 give the debtor 30 days' notice in writing, which may be served34.28 in any manner permitted in section 270.68 for service of a34.29 summons and complaint. The notice must advise the debtor of the34.30 debtor's right to request that the commissioner commence a court34.31 action, and that if no such request is made within 30 days after34.32 service of the notice, the commissioner may use these tax34.33 collection remedies. If a timely request is made, the34.34 commissioner shall obtain a judgment before using these tax34.35 collection remedies.notice and demand for payment of the amount 34.36 due must be given to the person liable for the payment or 35.1 collection of the debt at least 30 days prior to the use of the 35.2 remedies. The notice must be sent to the person's last known 35.3 address and must include a brief statement that sets forth in 35.4 simple and nontechnical terms the amount and source of the debt, 35.5 the nature of the available collection remedies, and remedies 35.6 available to the debtor. 35.7 [EFFECTIVE DATE.] This section is effective the day 35.8 following final enactment for all debts referred, whether 35.9 referred prior to, on, or after the day following final 35.10 enactment. 35.11 Sec. 33. Minnesota Statutes 2002, section 16E.01, 35.12 subdivision 3, is amended to read: 35.13 Subd. 3. [DUTIES.] (a) The office shall: 35.14 (1) coordinate the efficient and effective use of available 35.15 federal, state, local, and private resources to develop 35.16 statewide information and communications technology and its 35.17 infrastructure; 35.18 (2) review state agency and intergovernmental information 35.19 and communications systems development efforts involving state 35.20 or intergovernmental funding, including federal funding, provide 35.21 information to the legislature regarding projects reviewed, and 35.22 recommend projects for inclusion in the governor's budget under 35.23 section 16A.11; 35.24 (3) encourage cooperation and collaboration among state and 35.25 local governments in developing intergovernmental communication 35.26 and information systems, and define the structure and 35.27 responsibilities of the information policy council; 35.28 (4) cooperate and collaborate with the legislative and 35.29 judicial branches in the development of information and 35.30 communications systems in those branches; 35.31 (5) continue the development of North Star, the state's 35.32 official comprehensive online service and information 35.33 initiative; 35.34 (6) promote and collaborate with the state's agencies in 35.35 the state's transition to an effectively competitive 35.36 telecommunications market; 36.1 (7) collaborate with entities carrying out education and 36.2 lifelong learning initiatives to assist Minnesotans in 36.3 developing technical literacy and obtaining access to ongoing 36.4 learning resources; 36.5 (8) promote and coordinate public information access and 36.6 network initiatives, consistent with chapter 13, to connect 36.7 Minnesota's citizens and communities to each other, to their 36.8 governments, and to the world; 36.9 (9) promote and coordinate electronic commerce initiatives 36.10 to ensure that Minnesota businesses and citizens can 36.11 successfully compete in the global economy; 36.12 (10) promote and coordinate the regular and periodic 36.13 reinvestment in the core information and communications 36.14 technology infrastructure so that state and local government 36.15 agencies can effectively and efficiently serve their customers; 36.16 (11) facilitate the cooperative development of standards 36.17 for information systems, electronic data practices and privacy, 36.18 and electronic commerce among international, national, state, 36.19 and local public and private organizations; and 36.20 (12) work with others to avoid unnecessary duplication of 36.21 existing services provided by other public and private 36.22 organizations while building on the existing governmental, 36.23 educational, business, health care, and economic development 36.24 infrastructures. 36.25 (b) The office of technology in consultation with the 36.26 commissioner of finance may determine that it is cost-effective 36.27 for agencies to develop and use shared information and 36.28 communications technology systems for the delivery of electronic 36.29 government services. This determination may be made if an 36.30 agency proposes a new system that duplicates an existing system, 36.31 a system in development, or a system being proposed by another 36.32 agency. The commissioner of administration shall establish 36.33 reimbursement rates in cooperation with the commissioner of 36.34 finance to be billed to agencies and other governmental entities 36.35 sufficient to cover the actual development, operating, 36.36 maintenance, and administrative costs of the shared systems. 37.1 The methodology for billing may include depositing such funds in 37.2 the technology enterprise fund, the use of interagency 37.3 agreements, or other means as allowed by law. 37.4 Sec. 34. Minnesota Statutes 2002, section 16E.07, 37.5 subdivision 9, is amended to read: 37.6 Subd. 9. [AGGREGATION OF SERVICE DEMAND.] The office shall 37.7 identify opportunities to aggregate demand for technical 37.8 services required by government units for online activities and 37.9 may contract with governmental or nongovernmental entities to 37.10 provide services. These contracts are not subject to the 37.11 requirements of chapters 16B and 16C, except sections 16C.04, 37.12 16C.07,16C.08, and 16C.09. 37.13 Sec. 35. Minnesota Statutes 2002, section 43A.17, 37.14 subdivision 9, is amended to read: 37.15 Subd. 9. [POLITICAL SUBDIVISION COMPENSATION LIMIT.] (a) 37.16 The salary and the value of all other forms of compensation of a 37.17 person employed by a statutory or home rule charter city,37.18 county, town, metropolitan or regional agency, or other37.19 political subdivision of this state, excluding a school 37.20 district, or employed under section 422A.03 ,may not exceed 95 37.21 percent of the salary of the governor as set under section 37.22 15A.082, except as provided in this subdivision. For purposes 37.23 of this subdivision, "political subdivision of this state" 37.24 includes a statutory or home rule charter city, county, town, 37.25 metropolitan or regional agency, or other political subdivision, 37.26 but does not include a hospital, clinic, or health maintenance 37.27 organization owned by such a governmental unit. 37.28 (b) Deferred compensation and payroll allocations to 37.29 purchase an individual annuity contract for an employee are 37.30 included in determining the employee's salary. Other forms of 37.31 compensation which shall be included to determine an employee's 37.32 total compensation are all other direct and indirect items of 37.33 compensation which are not specifically excluded by this 37.34 subdivision. Other forms of compensation which shall not be 37.35 included in a determination of an employee's total compensation 37.36 for the purposes of this subdivision are: 38.1 (1) employee benefits that are also provided for the 38.2 majority of all other full-time employees of the political 38.3 subdivision, vacation and sick leave allowances, health and 38.4 dental insurance, disability insurance, term life insurance, and 38.5 pension benefits or like benefits the cost of which is borne by 38.6 the employee or which is not subject to tax as income under the 38.7 Internal Revenue Code of 1986; 38.8 (2) dues paid to organizations that are of a civic, 38.9 professional, educational, or governmental nature; and 38.10 (3) reimbursement for actual expenses incurred by the 38.11 employee which the governing body determines to be directly 38.12 related to the performance of job responsibilities, including 38.13 any relocation expenses paid during the initial year of 38.14 employment. 38.15 The value of other forms of compensation shall be the 38.16 annual cost to the political subdivision for the provision of 38.17 the compensation. 38.18 (c) The salary of a medical doctor or doctor of osteopathy 38.19 occupying a position that the governing body of the political 38.20 subdivision has determined requires an M.D. or D.O. degree is 38.21 excluded from the limitation in this subdivision. 38.22 (d) The commissioner may increase the limitation in this 38.23 subdivision for a position that the commissioner has determined 38.24 requires special expertise necessitating a higher salary to 38.25 attract or retain a qualified person. The commissioner shall 38.26 review each proposed increase giving due consideration to salary 38.27 rates paid to other persons with similar responsibilities in the 38.28 state and nation. The commissioner may not increase the 38.29 limitation until the commissioner has presented the proposed 38.30 increase to the legislative coordinating commission and received 38.31 the commission's recommendation on it. The recommendation is 38.32 advisory only. If the commission does not give its 38.33 recommendation on a proposed increase within 30 days from its 38.34 receipt of the proposal, the commission is deemed to have 38.35 recommended approval. 38.36 Sec. 36. Minnesota Statutes 2002, section 116J.8771, is 39.1 amended to read: 39.2 116J.8771 [WAIVER.] 39.3 The capital access program is exempt from section 16C.05, 39.4 subdivision 2, paragraph (a), clause (5)(b). 39.5 Sec. 37. Minnesota Statutes 2002, section 197.608, is 39.6 amended to read: 39.7 197.608 [VETERANS SERVICE OFFICE GRANT PROGRAM.] 39.8 Subdivision 1. [GRANT PROGRAM.] A veterans service office 39.9 grant program is established to be administered by the 39.10 commissioner of veterans affairs consisting of grants to 39.11 counties to enable them to enhance the effectiveness of their 39.12 veterans service offices. 39.13 Subd. 2. [RULE DEVELOPMENT.] The commissioner of veterans39.14 affairsshall consult with the Minnesota association of county 39.15 veterans service officers in formulating rules to implement the 39.16 grant program. 39.17 Subd. 2a. [GRANT CYCLE.] Counties may become eligible to 39.18 receive grants on a three-year rotating basis according to a 39.19 schedule to be developed and announced in advance by the 39.20 commissioner. The schedule must list no more than one-third of 39.21 the counties in each year of the three-year cycle. A county may 39.22 be considered for a grant only in the year of its listing in the 39.23 schedule. 39.24 Subd. 3. [ELIGIBILITY.] (a) To be eligible for a grant 39.25 under this program, a county must :39.26 (1)employ a county veterans service officer as authorized 39.27 by sections 197.60 and 197.606, who is certified to serve in 39.28 this position by the commissioner of veterans affairs;. 39.29 (2) submit a written plan for the proposed expenditures to39.30 enhance the functioning of the county veterans service office in39.31 accordance with the program rules; and39.32 (3) apply for the grant according to procedures to be39.33 established for this program by the commissioner and receive39.34 written approval from the commissioner for the grant in advance39.35 of making the proposed expenditures.39.36 (b) A county that employs a newly hired county veterans 40.1 service officer who is serving an initial probationary period 40.2 and who has not been certified by the commissioner is eligible 40.3 to receive a grant under subdivision 2a. 40.4 (c) Except for the situation described in paragraph (b), a 40.5 county whose veterans service officer does not receive 40.6 certification during any year of the three-year cycle is not 40.7 eligible to receive a grant during the remainder of that cycle 40.8 or the next three-year cycle. 40.9 Subd. 4. [GRANT APPLICATIONPROCESS.] (a) A grant40.10 application must be submitted to the department of veterans40.11 affairs according to procedures to be established by the40.12 commissioner. The grant application must include a specific40.13 description of the plan for enhancing the operation of the40.14 county veterans service office.The commissioner shall determine 40.15 the process for awarding grants. A grant may be used only for 40.16 the purpose of enhancing the operations of the county veterans 40.17 service office. 40.18 (b) The commissioner shall provide a list of qualifying 40.19 uses for grant expenditures as developed in subdivision 5 and 40.20 shall approve a grant applicationonly if it meets the criteria40.21 for eligibility as established and announced by the commissioner40.22 for a qualifying use and if there are sufficient funds remaining 40.23 in the grant program to cover the full amount of the grant. The40.24 commissioner may request modification of a plan. If the40.25 commissioner rejects a grant application, written reasons for40.26 the rejection must be provided to the applicant county and the40.27 county may modify the application and resubmit it.40.28 Subd. 5. [QUALIFYING USES.] The commissioner of veterans40.29 affairsshall determine whether the plan specified in the grant40.30 application will enable the applicant county to enhance the40.31 effectiveness of its county veterans office.40.32 Notwithstanding subdivision 3, clause (1), a county may40.33 apply for and use a grant for the training and education40.34 required by the commissioner for a newly employed county40.35 veterans service officer's certificate, or for the continuing40.36 education of other staffconsult with the Minnesota association 41.1 of county veterans service officers in developing a list of 41.2 qualifying uses for grants awarded under this program. 41.3 Subd. 6. [GRANT AMOUNT.] The amount of each grant must be 41.4 determined by the commissioner of veterans affairs,and may not 41.5 exceed the lesser of: 41.6 (1) the amount specified in the grant application to be41.7 expended on the plan for enhancing the effectiveness of the41.8 county veterans service office; or41.9 (2) the county's share of the total funds available under41.10 the program, determined in the following manner:41.11 (i)(1) $1,400, if the county's veteran population is less 41.12 than 1,000 , the county's grant share shall be $2,000; 41.13 (ii)(2) $2,800, if the county's veteran population is 41.14 1,000 or more but less than 3,000 , the county's grant share41.15 shall be $4,000; 41.16 (iii)(3) $4,200, if the county's veteran population is 41.17 3,000 or more but less then 10,000 , the county's grant share41.18 shall be $6,000; or 41.19 (iv)(4) $5,600, if the county's veteran population is 41.20 10,000 or more , the county's grant share shall be $8,000. 41.21 In any year, only one-half of the counties in each of the41.22 four veteran population categories (i) to (iv) may be awarded41.23 grants. Grants shall be awarded on a first-come first-served41.24 basis to counties submitting applications which meet the41.25 commissioner's criteria as established in the rules. Any county41.26 not receiving a grant in any given year shall receive priority41.27 consideration for a grant the following year.41.28 In any year, after a period of time to be determined by the41.29 commissioner, any amounts remaining from undistributed county41.30 grant shares may be reallocated to the other counties which have41.31 submitted qualifying application.41.32 The veteran population of each county shall be determined 41.33 by the figure supplied by the United States Department of 41.34 Veterans Affairs, as adopted by the commissioner. 41.35 Subd. 7. [RECAPTURE.] If a county fails to use the grant 41.36 for the qualified use approved by the commissioner, the 42.1 commissioner shall seek recovery of the grant from the county 42.2 and the county must repay the grant amount. 42.3 Sec. 38. Minnesota Statutes 2002, section 240.03, is 42.4 amended to read: 42.5 240.03 [COMMISSION POWERS AND DUTIES.] 42.6 The commission has the following powers and duties: 42.7 (1) to regulate horse racing in Minnesota to ensure that it 42.8 is conducted in the public interest; 42.9 (2) to issue licenses as provided in this chapter; 42.10 (3) to enforce all laws and rules governing horse racing; 42.11 (4) to collect and distribute all taxes provided for in 42.12 this chapter; 42.13 (5) to conduct necessary investigations and inquiries and 42.14 compel the submission of information, documents, and records it 42.15 deems necessary to carry out its duties; 42.16 (6) to supervise the conduct of pari-mutuel betting on 42.17 horse racing; 42.18 (7) to employ and supervise personnel under this chapter; 42.19 (8) to determine the number of racing days to be held in 42.20 the state and at each licensed racetrack; and42.21 (9) to take all necessary steps to ensure the integrity of 42.22 racing in Minnesota .; and 42.23 (10) to impose fees on the racing and card playing 42.24 industries sufficient to recover the operating costs of the 42.25 commission with the approval of the legislature according to 42.26 section 16A.1283. Notwithstanding section 16A.1283, when the 42.27 legislature is not in session, the commissioner of finance may 42.28 grant interim approval for any new fees or adjustments to 42.29 existing fees that are not statutorily specified, until such 42.30 time as the legislature reconvenes and acts upon the new fees or 42.31 adjustments. As part of its biennial budget request, the 42.32 commission must propose changes to its fees that will be 42.33 sufficient to recover the operating costs of the commission. 42.34 Sec. 39. Minnesota Statutes 2002, section 240.10, is 42.35 amended to read: 42.36 240.10 [LICENSE FEES.] 43.1 The fee for a class A license is $10,000$253,000 per year 43.2 and must be remitted on July 1. The fee for a class B license 43.3 is $100$500 for each assigned racing day on which racing is43.4 actually conducted,and $50$100 for each day on which 43.5 simulcasting is authorized and actually takes place, plus43.6 $10,000 per year if the class B license includes authorization43.7 to operate a card clubmust be remitted on July 1. Included 43.8 herein are all days assigned to be conducted after January 1, 43.9 2003. The fee for a class D license is $50 for each assigned 43.10 racing day on which racing is actually conducted. Fees imposed 43.11 on class B andclass D licenses must be paid to the commission 43.12 at a time and in a manner as provided by rule of the commission. 43.13 The commission shall by rule establish an annual license 43.14 fee for each occupation it licenses under section 240.08 but no 43.15 annual fee for a class C license may exceed $100. 43.16 License fee payments received must be paid by the43.17 commission to the state treasurer for deposit in the general43.18 fund.43.19 Sec. 40. Minnesota Statutes 2002, section 240.15, 43.20 subdivision 6, is amended to read: 43.21 Subd. 6. [DISPOSITION OF PROCEEDS; ACCOUNT.] The 43.22 commission shall distribute all money received under this 43.23 section, and all money received from license fees and fines it 43.24 collects, as follows:according to this subdivision. All money 43.25 designated for deposit in the Minnesota breeders fund must be 43.26 paid into that fund for distribution under section 240.18 except 43.27 that all money generated by full racing card simulcasts must be 43.28 distributed as provided in section 240.18, subdivisions 2, 43.29 paragraph (d), clauses (1), (2), and (3); and 3. Revenue from 43.30 an admissions tax imposed under subdivision 1 must be paid to 43.31 the local unit of government at whose request it was imposed, at 43.32 times and in a manner the commission determines. All other43.33 revenuesTaxes received under this section by the commission,43.34 and all license fees, fines, and other revenue it receives,and 43.35 fines collected under section 240.22 must be paid to the state 43.36 treasurer for deposit in the general fund. All revenues from 44.1 licenses and other fees imposed by the commission must be 44.2 deposited in the state treasury and credited to a racing and 44.3 card playing regulation account in the special revenue fund. 44.4 Receipts in this account are available for the operations of the 44.5 commission up to the amount authorized in biennial 44.6 appropriations from the legislature. 44.7 Sec. 41. Minnesota Statutes 2002, section 240.155, 44.8 subdivision 1, is amended to read: 44.9 Subdivision 1. [REIMBURSEMENT ACCOUNT CREDIT.] Money 44.10 received by the commission as reimbursement for the costs of 44.11 services provided by assistantveterinarians, stewards, and 44.12 medical testing of horses must be deposited in the state 44.13 treasury and credited to a racing reimbursement account, except 44.14 as provided under subdivision 2. Receipts are appropriated to 44.15 the commission to pay the costs of providing the services. 44.16 [EFFECTIVE DATE.] This section is effective the day 44.17 following final enactment. 44.18 Sec. 42. Minnesota Statutes 2002, section 240A.03, 44.19 subdivision 10, is amended to read: 44.20 Subd. 10. [USE AGREEMENTS AND FEES.] The commission may 44.21 lease, license, or enter into agreements and may fix, alter, 44.22 charge, and collect rentals, fees, and charges to persons for 44.23 the use, occupation, and availability of part or all of any 44.24 premises, property, or facilities under its ownership, 44.25 operation, or control. Fees charged by the commission are not 44.26 subject to section 16A.1285. The commission may also impose 44.27 other fees it deems appropriate with the approval of the 44.28 legislature according to section 16A.1283. Notwithstanding 44.29 section 16A.1283, when the legislature is not in session, the 44.30 commissioner of finance may grant interim approval of the fees, 44.31 until such time as the legislature reconvenes and acts upon the 44.32 fees. Revenues generated by the commission under this section 44.33 are appropriated to the commission. A use agreement may provide 44.34 that the other contracting party has exclusive use of the 44.35 premises at the times agreed upon. 44.36 Sec. 43. Minnesota Statutes 2002, section 240A.04, is 45.1 amended to read: 45.2 240A.04 [PROMOTION AND DEVELOPMENT OF AMATEUR SPORTS.] 45.3 In addition to the powers and duties granted under section 45.4 240A.03, the commission shallmay: 45.5 (1) promote the development of olympic training centers; 45.6 (2) promote physical fitness by promoting participation in 45.7 sports; 45.8 (3) develop, foster, and coordinate physical fitness 45.9 services and programs; 45.10 (4) sponsor amateur sport workshops, clinics, and 45.11 conferences; 45.12 (5) provide recognition for outstanding developments, 45.13 achievements, and contributions to amateur sports; 45.14 (6) stimulate and promote amateur sport research; 45.15 (7) collect, disseminate, and communicate amateur sport 45.16 information; 45.17 (8) promote amateur sport and physical fitness programs in 45.18 schools and local communities; 45.19 (9) develop programs to promote personal health and 45.20 physical fitness by participation in amateur sports in 45.21 cooperation with medical, dental, sports medicine, and similar 45.22 professional societies; 45.23 (10) promote the development of recreational amateur sport 45.24 opportunities and activities in the state, including the means 45.25 of facilitating acquisition, financing, construction, and 45.26 rehabilitation of sports facilities for the holding of amateur 45.27 sporting events; 45.28 (11) promote national and international amateur sport 45.29 competitions and events; 45.30 (12) sanction or sponsor amateur sport competition; 45.31 (13) take membership in regional or national amateur sports 45.32 associations or organizations; and 45.33 (14) promote the mainstreaming and normalization of people 45.34 with physical disabilities and visual and hearing impairments in 45.35 amateur sports. 45.36 Sec. 44. Minnesota Statutes 2002, section 240A.06, 46.1 subdivision 1, is amended to read: 46.2 Subdivision 1. [SPONSORSHIP REQUIRED.] The commission 46.3 shallmay sponsor and sanction a series of statewide amateur 46.4 athletic games patterned after the winter and summer Olympic 46.5 Games, with variations as required by facilities, equipment, and 46.6 expertise, and as necessary to include people with physical 46.7 disabilities and visual and hearing impairments. The games may 46.8 be held annually beginning in 1989, if money and facilities are 46.9 available, unless the time of the games would conflict with 46.10 other sporting events as the commission determines. 46.11 Sec. 45. Minnesota Statutes 2002, section 256B.435, 46.12 subdivision 2a, is amended to read: 46.13 Subd. 2a. [DURATION AND TERMINATION OF CONTRACTS.] (a) All 46.14 contracts entered into under this section are for a term of one 46.15 year. Either party may terminate this contract at any time 46.16 without cause by providing 90 calendar days' advance written 46.17 notice to the other party. Notwithstanding section 16C.05, 46.18 subdivisions 2, paragraphparagraphs (a) and (b), and 5, if 46.19 neither party provides written notice of termination, the 46.20 contract shall be renegotiated for additional one-year terms or 46.21 the terms of the existing contract will be extended for one 46.22 year. The provisions of the contract shall be renegotiated 46.23 annually by the parties prior to the expiration date of the 46.24 contract. The parties may voluntarily renegotiate the terms of 46.25 the contract at any time by mutual agreement. 46.26 (b) If a nursing facility fails to comply with the terms of 46.27 a contract, the commissioner shall provide reasonable notice 46.28 regarding the breach of contract and a reasonable opportunity 46.29 for the facility to come into compliance. If the facility fails 46.30 to come into compliance or to remain in compliance, the 46.31 commissioner may terminate the contract. If a contract is 46.32 terminated, provisions of section 256B.48, subdivision 1a, shall 46.33 apply. 46.34 Sec. 46. Minnesota Statutes 2002, section 270.052, is 46.35 amended to read: 46.36 270.052 [AGREEMENT WITH INTERNAL REVENUE SERVICE.] 47.1 Pursuant to section 270B.12, the commissioner may enter 47.2 into an agreement with the Internal Revenue Service to identify 47.3 taxpayers who have refunds due from the department of revenue 47.4 and liabilities owing to the Internal Revenue Service. In 47.5 accordance with the procedures established in the agreement, the 47.6 Internal Revenue Service may levy against the refunds to be paid 47.7 by the department of revenue. For each refund levied upon, the 47.8 commissioner shall first deduct from the refund a fee of $20, 47.9 and then remit the refund or the amount of the levy, whichever 47.10 is less, to the Internal Revenue Service. The proceeds of fees 47.11 shall be deposited into the department of revenue recapture 47.12 revolving fund under section 270A.07, subdivision 1. 47.13 [EFFECTIVE DATE.] This section is effective the day 47.14 following final enactment. 47.15 Sec. 47. Minnesota Statutes 2002, section 270.44, is 47.16 amended to read: 47.17 270.44 [CHARGES FOR COURSES, EXAMINATIONS OR MATERIALS.] 47.18 The board may establish reasonable fees or charges for47.19 courses, examinations or materials, the proceeds of which shall47.20 be used to finance the activities and operation of the47.21 board.shall charge the following fees: 47.22 (1) $105 for a senior accredited Minnesota assessor 47.23 license; 47.24 (2) $80 for an accredited Minnesota assessor license; 47.25 (3) $65 for a certified Minnesota assessor specialist 47.26 license; 47.27 (4) $55 for a certified Minnesota assessor license; 47.28 (5) $50 for a course challenge examination; 47.29 (6) $35 for grading a form appraisal; 47.30 (7) $60 for grading a narrative appraisal; 47.31 (8) $30 for a reinstatement fee; 47.32 (9) $25 for a record retention fee; 47.33 (10) $20 for an educational transcript; and 47.34 (11) $30 for all retests of board-sponsored educational 47.35 courses. 47.36 [EFFECTIVE DATE.] This section is effective for license 48.1 terms beginning on or after July 1, 2004, and for all other fees 48.2 imposed on or after July 1, 2004. 48.3 Sec. 48. Minnesota Statutes 2002, section 270A.07, 48.4 subdivision 1, is amended to read: 48.5 Subdivision 1. [NOTIFICATION REQUIREMENT.] Any claimant 48.6 agency, seeking collection of a debt through setoff against a 48.7 refund due, shall submit to the commissioner information 48.8 indicating the amount of each debt and information identifying 48.9 the debtor, as required by section 270A.04, subdivision 3. 48.10 For each setoff of a debt against a refund due, the 48.11 commissioner shall charge a fee of $10$15. The proceeds of 48.12 fees shall be allocated by depositing $2.55$4 of each $10$15 48.13 fee collected into a department of revenue recapture revolving 48.14 fund and depositing the remaining balance into the general 48.15 fund. The sums deposited into the revolving fund are 48.16 appropriated to the commissioner for the purpose of 48.17 administering the Revenue Recapture Act. 48.18 The claimant agency shall notify the commissioner when a 48.19 debt has been satisfied or reduced by at least $200 within 30 48.20 days after satisfaction or reduction. 48.21 [EFFECTIVE DATE.] This section is effective for refund 48.22 setoffs after June 30, 2003. 48.23 Sec. 49. Minnesota Statutes 2002, section 289A.08, 48.24 subdivision 16, is amended to read: 48.25 Subd. 16. [TAX REFUND OR RETURN PREPARERS; ELECTRONIC 48.26 FILING; PAPER FILING FEE IMPOSED.] (a) A "tax refund or return 48.27 preparer," as defined in section 289A.60, subdivision 13, 48.28 paragraph (g), who prepared more than 500 Minnesota individual 48.29 income tax returns for the prior calendar year must file all 48.30 Minnesota individual income tax returns prepared for the current 48.31 calendar year by electronic means. 48.32 (b) For tax returns prepared for the tax year beginning in 48.33 2001, the "500" in paragraph (a) is reduced to 250. 48.34 (c) For tax returns prepared for tax years beginning after 48.35 December 31, 2001, the "500" in paragraph (a) is reduced to 100. 48.36 (d) Paragraph (a) does not apply to a return if the 49.1 taxpayer has indicated on the return that the taxpayer did not 49.2 want the return filed by electronic means. 49.3 (e) For each return that is not filed electronically by a 49.4 tax refund or return preparer under this subdivision, including 49.5 returns filed under paragraph (d), a paper filing fee of $5 is 49.6 imposed upon the preparer. The fee is collected from the 49.7 preparer in the same manner as income tax. 49.8 [EFFECTIVE DATE.] This section is effective for returns 49.9 filed for tax years beginning after December 31, 2002. 49.10 Sec. 50. Minnesota Statutes 2002, section 303.14, is 49.11 amended to read: 49.12 303.14 [ANNUAL REPORT.] 49.13 Subdivision 1. [FILED WITH SECRETARY OF STATE; CONTENTS.] 49.14 Each calendar year beginning in the calendar year following the 49.15 calendar year in which a corporation receives a certificate of 49.16 authority to do business in Minnesota, the secretary of state 49.17 must mail by first class mailtransmit an annual registration 49.18 form to the registered office of each corporation as shown on 49.19 the records of the secretary of state. The form must include 49.20 the following notice: 49.21 "NOTICE: Failure to file this form by December 31 of this 49.22 year will result in the revocation of the authority of this 49.23 corporation to transact business in Minnesota without further 49.24 notice from the secretary of state, pursuant to Minnesota 49.25 Statutes, section 303.17." 49.26 The corporation will submit a $115$125 fee with the annual 49.27 registration and will set forth on the form: 49.28 (1) the name of the corporation, and, if the corporation 49.29 has designated an alternate name pursuant to section 303.05, 49.30 subdivision 1, that alternate name; 49.31 (2) the name of the registered agent of the corporation in 49.32 Minnesota; 49.33 (3) the address of its registered office; 49.34 (4) the state of incorporation; and 49.35 (5) the name and business address of the officer or other 49.36 person exercising the principal functions of the chief executive 50.1 officer of the corporation. 50.2 Sec. 51. [326.992] [BOND REQUIREMENT; GAS, HEATING, 50.3 VENTILATION, AIR CONDITIONING, REFRIGERATION (G/HVACR) 50.4 CONTRACTORS.] 50.5 (a) A person contracting to do gas, heating, ventilation, 50.6 cooling, air conditioning, fuel burning, or refrigeration work 50.7 must give bond to the state in the amount of $25,000 for all 50.8 work entered into within the state. The bond must be for the 50.9 benefit of persons suffering financial loss by reason of the 50.10 contractor's failure to comply with the requirements of the 50.11 State Mechanical Code. A bond given to the state must be filed 50.12 with the commissioner of administration and is in lieu of all 50.13 other bonds to any political subdivision required for work 50.14 covered by this section. The bond must be written by a 50.15 corporate surety licensed to do business in the state. 50.16 (b) The commissioner of administration may charge each 50.17 person giving bond under this section an annual bond filing fee 50.18 of $25. The money must be deposited in a special revenue fund 50.19 and is appropriated to the commissioner to cover the cost of 50.20 administering the bond program. 50.21 Sec. 52. Minnesota Statutes 2002, section 349A.08, 50.22 subdivision 5, is amended to read: 50.23 Subd. 5. [PAYMENT; UNCLAIMED PRIZES.] A prize in the state 50.24 lottery must be claimed by the winner within one year of the 50.25 date of the drawing at which the prize was awarded or the last 50.26 day sales were authorized for a game where a prize was 50.27 determined in a manner other than by means of a drawing. If a 50.28 valid claim is not made for a prize payable directly by the 50.29 lottery by the end of this period, the prize money is considered 50.30 unclaimed and the winner of the prize shall have no further 50.31 claim to the prize. A prize won by a person who purchased the 50.32 winning ticket in violation of section 349A.12, subdivision 1, 50.33 or won by a person ineligible to be awarded a prize under 50.34 subdivision 7 must be treated as an unclaimed prize under this 50.35 section. The director shallmust transfer 70 percent ofall 50.36 unclaimed prize money at the end of each fiscal year from the 51.1 lottery cash flow account as follows: of the 70 percent,40 51.2 percent must be transferred to the Minnesota environment and 51.3 natural resources trust fund and 60 percent must be transferred 51.4 to the general fund. The remaining 30 percent of the unclaimed51.5 prize money must be added by the director to prize pools of51.6 subsequent lottery games.51.7 Sec. 53. Minnesota Statutes 2002, section 349A.15, is 51.8 amended to read: 51.9 349A.15 [REPORT.] 51.10 Subdivision 1. [FINANCIAL REPORT.] The director shall file 51.11 an annual report with the governor and legislature which must 51.12 include a complete statement of lottery revenues, administrative 51.13 and operating costs, net proceeds transferred, and other 51.14 financial transactions for the period the report covers. 51.15 Subd. 2. [EFFICIENCY AND PERFORMANCE STUDY.] The director 51.16 shall conduct a study analyzing the efficiency and performance 51.17 of the current state lottery system. The study must review and 51.18 compare the administrative costs of other state lotteries, 51.19 review the current salary structure for state lottery employees, 51.20 investigate the benefits and liabilities of building ownership 51.21 versus leasing arrangements, and identify possible changes that 51.22 would increase revenue from the lottery to the environmental and 51.23 natural resources trust fund. The director shall engage an 51.24 outside, independent consultant to review and attest to the 51.25 accuracy of the study. The director shall report the results of 51.26 the study and any recommendations for changes in lottery 51.27 operations to the governor and the legislature by February 1, 51.28 2004. This subdivision expires June 30, 2004. 51.29 Sec. 54. Minnesota Statutes 2002, section 403.02, 51.30 subdivision 10, is amended to read: 51.31 Subd. 10. [COMMISSIONER.] "Commissioner" means the 51.32 commissioner of administrationpublic safety. 51.33 Sec. 55. Minnesota Statutes 2002, section 403.06, is 51.34 amended to read: 51.35 403.06 [DEPARTMENT DUTIES.] 51.36 Subdivision 1. [DUTIES.] (a) The department of52.1 administrationcommissioner shall coordinate the maintenance of 52.2 911 systems. The departmentcommissioner shall aid counties in 52.3 the formulation of concepts, methods, and procedures which will 52.4 improve the operation and maintenance of 911 systems. The 52.5 departmentcommissioner shall establish procedures for 52.6 determining and evaluating requests for variations from the 52.7 established design standards. The departmentcommissioner shall 52.8 respond to requests by wireless or wire line telecommunications 52.9 service providers or by counties or other governmental agencies 52.10 for system agreements, contracts, and tariff language promptly 52.11 and no later than within 45 days of the request unless otherwise 52.12 mutually agreed to by the parties. 52.13 (b) The departmentcommissioner shall prepare a biennial 52.14 budget for maintaining the 911 system. By December 15 of each 52.15 year, the departmentcommissioner shall prepare an annual52.16 submit a report to the legislature detailing the expenditures 52.17 for maintaining the 911 system, the 911 fees collected, the 52.18 balance of the 911 fund, and the 911-related administrative 52.19 expenses of the departmentcommissioner. The department52.20 commissioner is authorized to expend fundsmoney that havehas 52.21 been appropriated to pay for the maintenance, enhancements, and 52.22 expansion of the 911 system. 52.23 Subd. 2. [WAIVER.] Any county, other governmental agency, 52.24 wireless telecommunications service provider, or wire line 52.25 telecommunications service provider may petition the department52.26 of administrationcommissioner for a waiver of all or portions 52.27 of the requirements. A waiver may be granted upon a 52.28 demonstration by the petitioner that the requirement is 52.29 economically infeasible. 52.30 Sec. 56. Minnesota Statutes 2002, section 403.07, 52.31 subdivision 1, is amended to read: 52.32 Subdivision 1. [RULES.] The department of52.33 administrationcommissioner shall establish and adopt in 52.34 accordance with chapter 14, rules for the administration of this 52.35 chapter and for the development of 911 systems in the state 52.36 including: 53.1 (1) design standards for 911 systems incorporating the 53.2 standards adopted pursuant to subdivision 2 for the seven-county 53.3 metropolitan area; and 53.4 (2) a procedure for determining and evaluating requests for 53.5 variations from the established design standards. 53.6 Sec. 57. Minnesota Statutes 2002, section 403.07, 53.7 subdivision 2, is amended to read: 53.8 Subd. 2. [DESIGN STANDARDS.] The metropolitan 911 board 53.9 shall establish and adopt design standards for the metropolitan 53.10 area 911 system and transmit them to the department of53.11 administrationcommissioner for incorporation into the rules 53.12 adopted pursuant to this section. 53.13 Sec. 58. Minnesota Statutes 2002, section 403.07, 53.14 subdivision 3, is amended to read: 53.15 Subd. 3. [DATABASE.] In 911 systems that have been 53.16 approved by the department of administrationcommissioner for a 53.17 local location identification database, each wire line 53.18 telecommunications service provider shall provide current 53.19 customer names, service addresses, and telephone numbers to each 53.20 public safety answering point within the 911 system and shall 53.21 update the information according to a schedule prescribed by the 53.22 county 911 plan. Information provided under this subdivision 53.23 must be provided in accordance with the transactional record 53.24 disclosure requirements of the federal Electronic Communications 53.25 Privacy Act of 1986, United States Code, title 18, section 2703, 53.26 subsection (c), paragraph (1), subparagraph (B)(iv). 53.27 Sec. 59. Minnesota Statutes 2002, section 403.09, 53.28 subdivision 1, is amended to read: 53.29 Subdivision 1. [DEPARTMENT AUTHORITY.] At the request of 53.30 either the department of administrationcommissioner of 53.31 administration or the commissioner of public safety, the 53.32 attorney general may commence proceedings in the district court 53.33 against any person or public or private body to enforce the 53.34 provisions of this chapter. 53.35 Sec. 60. Minnesota Statutes 2002, section 403.11, is 53.36 amended to read: 54.1 403.11 [911 SYSTEM COST ACCOUNTING REQUIREMENTS; FEE.] 54.2 Subdivision 1. [EMERGENCY TELECOMMUNICATIONS SERVICE FEE.] 54.3 (a) Each customer of a wireless or wire line telecommunications 54.4 service provider that furnishes service capable of originating a 54.5 911 emergency telephone call is assessed a fee to cover the 54.6 costs of ongoing maintenance and related improvements for 54.7 trunking and central office switching equipment for 911 54.8 emergency telecommunications service, plus administrative and 54.9 staffing costs of the department of administrationcommissioner 54.10 related to managing the 911 emergency telecommunications service 54.11 program. Recurring charges by a wire line telecommunications 54.12 service provider for updating the information required by 54.13 section 403.07, subdivision 3, must be paid by the 54.14 commissioner of administrationif the wire line 54.15 telecommunications service provider is included in an approved 54.16 911 plan and the charges are made pursuant to tariff, price 54.17 list, or contract. The commissioner of administration shall54.18 transfer an amount equal to two cents a month fromThe fee 54.19 assessed under this section on wireless telecommunications54.20 services to the commissioner of public safetymust also be used 54.21 for the purpose of offsetting the costs, including 54.22 administrative and staffing costs, incurred by the state patrol 54.23 division of the department of public safety in handling 911 54.24 emergency calls made from wireless phones. 54.25 (b) Money remaining in the 911 emergency telecommunications 54.26 service account after all other obligations are paid must not 54.27 cancel and is carried forward to subsequent years and may be 54.28 appropriated from time to time to the commissioner of54.29 administrationto provide financial assistance to counties for 54.30 the improvement of local emergency telecommunications services. 54.31 The improvements may include providing access to 911 service for 54.32 telecommunications service subscribers currently without access 54.33 and upgrading existing 911 service to include automatic number 54.34 identification, local location identification, automatic 54.35 location identification, and other improvements specified in 54.36 revised county 911 plans approved by the departmentcommissioner. 55.1 (c) The fee may not be less than eight cents nor more than 55.2 3352 cents a month for each customer access line or other basic 55.3 access service, including trunk equivalents as designated by the 55.4 public utilities commission for access charge purposes and 55.5 including wireless telecommunications services. With the 55.6 approval of the commissioner of finance, the commissioner of 55.7 administrationpublic safety shall establish the amount of the 55.8 fee within the limits specified and inform the companies and 55.9 carriers of the amount to be collected. The commissioner shall 55.10 provide companies and carriers a minimum of 45 days' notice of 55.11 each fee change. For fiscal year 2003, the commissioner of55.12 administration shall provide a minimum of 35 days' notice of55.13 each fee change.The fee must be the same for all customers. 55.14 (d) The fee must be collected by each wireless or wire line 55.15 telecommunications service provider subject to the fee. Fees 55.16 are payable to and must be submitted to the commissioner of 55.17 administration monthly before the 25th of each month following 55.18 the month of collection, except that fees may be submitted 55.19 quarterly if less than $250 a month is due, or annually if less 55.20 than $25 a month is due. Receipts must be deposited in the 55.21 state treasury and credited to a 911 emergency 55.22 telecommunications service account in the special revenue fund. 55.23 The money in the account may only be used for 911 55.24 telecommunications services as provided in paragraph (a). 55.25 (e) This subdivision does not apply to customers of 55.26 interexchange carriers. 55.27 (f) The installation and recurring charges for integrating 55.28 wireless 911 calls into enhanced 911 systems must be paid by the 55.29 commissioner if the 911 service provider is included in the 55.30 statewide design plan and the charges are made pursuant to 55.31 tariff, price list, or contract. 55.32 Subd. 3. [METHOD OF PAYMENT.] (a) Any wireless or wire 55.33 line telecommunications service provider incurring reimbursable 55.34 costs under subdivision 1 shall submit an invoice itemizing rate 55.35 elements by county or service area to the commissioner of55.36 administrationfor 911 services furnished under tariff, price 56.1 list, or contract. Any wireless or wire line telecommunications 56.2 service provider is eligible to receive payment for 911 services 56.3 rendered according to the terms and conditions specified in the 56.4 contract. Competitive local exchange carriers holding 56.5 certificates of authority from the public utilities commission 56.6 are eligible to receive payment for recurring 911 services 56.7 provided after July 1, 2001. The commissioner shall pay the 56.8 invoice within 30 days following receipt of the invoice unless 56.9 the commissioner notifies the service provider that the 56.10 commissioner disputes the invoice. 56.11 (b) The commissioner of administrationshall estimate the 56.12 amount required to reimburse wireless and wire line 56.13 telecommunications service providers for the state's obligations 56.14 under subdivision 1 and the governor shall include the estimated 56.15 amount in the biennial budget request. 56.16 Subd. 3a. [TIMELY CERTIFICATION.] A certification must be 56.17 submitted to the commissioner of administrationno later than 56.18 two years after commencing a new or additional eligible 911 56.19 service. Any wireless or wire line telecommunications service 56.20 provider incurring reimbursable costs under this section at any 56.21 time before January 1, 2003, may certify those costs for payment 56.22 to the commissioner of administrationaccording to this section 56.23 for a period of 90 days after January 1, 2003. During this 56.24 period, the commissioner of administrationshall reimburse any 56.25 wireless or wire line telecommunications service provider for 56.26 approved, certified costs without regard to any contrary 56.27 provision of this subdivision. 56.28 Subd. 3b. [CERTIFICATION.] All wireless and wire line 56.29 telecommunications service providers shall submit a 56.30 self-certification form signed by an officer of the company to 56.31 the departmentcommissioner with invoices for payment of an 56.32 initial or changed service described in the service provider's 56.33 911 contract. The self-certification shall affirm that the 911 56.34 service contracted for is being provided and the costs invoiced 56.35 for the service are true and correct. All certifications are 56.36 subject to verification and audit. 57.1 Subd. 3c. [AUDIT.] If the commissioner of administration57.2 determines that an audit is necessary to document the 57.3 certification described in subdivision 3b, the wireless or wire 57.4 line telecommunications service provider must contract with an 57.5 independent certified public accountant to conduct the audit. 57.6 The audit must be conducted according to generally accepted 57.7 accounting principles. The wireless or wire line 57.8 telecommunications service provider is responsible for any costs 57.9 associated with the audit. 57.10 Subd. 4. [LOCAL RECURRING COSTS.] Recurring costs of 57.11 telecommunications equipment and services at public safety 57.12 answering points must be borne by the local governmental agency 57.13 operating the public safety answering point or allocated 57.14 pursuant to section 403.10, subdivision 3. Costs attributable 57.15 to local government electives for services not otherwise 57.16 addressed under section 403.11 or 403.113 must be borne by the 57.17 governmental agency requesting the elective service. 57.18 Subd. 5. [TARIFF NOTIFICATION.] Wire line 57.19 telecommunications service providers or wireless 57.20 telecommunications service providers holding eligible 57.21 telecommunications carrier status shall give notice to the 57.22 department of administrationcommissioner and any other affected 57.23 governmental agency of tariff or price list changes related to 57.24 911 service at the same time that the filing is made with the 57.25 public utilities commission. 57.26 Sec. 61. Minnesota Statutes 2002, section 403.113, is 57.27 amended to read: 57.28 403.113 [ENHANCED 911 SERVICE COSTS; FEE.] 57.29 Subdivision 1. [FEE.] (a) Each customer receiving service 57.30 from a wireless or wire line telecommunications service provider 57.31 is assessed a fee to fund implementation, operation, 57.32 maintenance, enhancement, and expansion of enhanced 911 service, 57.33 including acquisition of necessary equipment and the costs of 57.34 the commissioner to administer the program. The actual fee 57.35 assessed under section 403.11 and the enhanced 911 service fee 57.36 must be collected as one amount and may not exceed the amount 58.1 specified in section 403.11, subdivision 1, paragraph (c). 58.2 (b) The enhanced 911 service fee must be collected and 58.3 deposited in the same manner as the fee in section 403.11 and 58.4 used solely for the purposes of paragraph (a) and subdivision 3. 58.5 (c) The commissioner of the department of administration, 58.6 in consultation with counties and 911 system users, shall 58.7 determine the amount of the enhanced 911 service fee and. The 58.8 fee must include at least 20 cents per month to be distributed 58.9 under subdivision 2. The commissioner shall inform wireless and 58.10 wire line telecommunications service providers that provide 58.11 service capable of originating a 911 emergency telephone call of 58.12 the total amount of the 911 service fees in the same manner as 58.13 provided in section 403.11. 58.14 Subd. 2. [DISTRIBUTION OF MONEY.] (a) After payment of the 58.15 costs of the department of administrationcommissioner to 58.16 administer the program, the commissioner shall distribute the 58.17 money collected under this section as follows: 58.18 (1) one-half of the amount equally to all qualified 58.19 counties, and after October 1, 1997, to all qualified counties, 58.20 existing ten public safety answering points operated by the 58.21 Minnesota state patrol, and each governmental entity operating 58.22 the individual public safety answering points serving the 58.23 metropolitan airports commission, the Red Lake Indian 58.24 Reservation, and the University of Minnesota police department; 58.25 and 58.26 (2) the remaining one-half to qualified counties and cities 58.27 with existing 911 systems based on each county's or city's 58.28 percentage of the total population of qualified counties and 58.29 cities. The population of a qualified city with an existing 58.30 system must be deducted from its county's population when 58.31 calculating the county's share under this clause if the city 58.32 seeks direct distribution of its share. 58.33 (b) A county's share under subdivision 1 must be shared pro 58.34 rata between the county and existing city systems in the 58.35 county. A county or city or other governmental entity as 58.36 described in paragraph (a), clause (1), shall deposit money 59.1 received under this subdivision in an interest-bearing fund or 59.2 account separate from the governmental entity's general fund and 59.3 may use money in the fund or account only for the purposes 59.4 specified in subdivision 3. 59.5 (c) A county or city or other governmental entity as 59.6 described in paragraph (a), clause (1), is not qualified to 59.7 share in the distribution of money for enhanced 911 service if 59.8 it has not implemented enhanced 911 service before December 31, 59.9 1998. 59.10 (d) For the purposes of this subdivision, "existing city 59.11 system" means a city 911 system that provides at least basic 911 59.12 service and that was implemented on or before April 1, 1993. 59.13 Subd. 3. [LOCAL EXPENDITURES.] (a) Money distributed under 59.14 subdivision 2 for enhanced 911 service may be spent on enhanced 59.15 911 system costs for the purposes stated in subdivision 1, 59.16 paragraph (a). In addition, money may be spent to lease, 59.17 purchase, lease-purchase, or maintain enhanced 911 equipment, 59.18 including telephone equipment; recording equipment; computer 59.19 hardware; computer software for database provisioning, 59.20 addressing, mapping, and any other software necessary for 59.21 automatic location identification or local location 59.22 identification; trunk lines; selective routing equipment; the 59.23 master street address guide; dispatcher public safety answering 59.24 point equipment proficiency and operational skills; pay for 59.25 long-distance charges incurred due to transferring 911 calls to 59.26 other jurisdictions; and the equipment necessary within the 59.27 public safety answering point for community alert systems and to 59.28 notify and communicate with the emergency services requested by 59.29 the 911 caller. 59.30 (b) Money distributed for enhanced 911 service may not be 59.31 spent on: 59.32 (1) purchasing or leasing of real estate or cosmetic 59.33 additions to or remodeling of communications centers; 59.34 (2) mobile communications vehicles, fire engines, 59.35 ambulances, law enforcement vehicles, or other emergency 59.36 vehicles; 60.1 (3) signs, posts, or other markers related to addressing or 60.2 any costs associated with the installation or maintenance of 60.3 signs, posts, or markers. 60.4 Subd. 4. [AUDITS.] Each county and city or other 60.5 governmental entity as described in subdivision 2, paragraph 60.6 (a), clause (1), shall conduct an annual audit on the use of 60.7 funds distributed to it for enhanced 911 service. A copy of 60.8 each audit report must be submitted to the commissioner of60.9 administration. 60.10 Sec. 62. Minnesota Statutes 2002, section 473.891, 60.11 subdivision 10, is amended to read: 60.12 Subd. 10. [SECOND PHASE.] "Second phase" means the 60.13 metropolitan radio board building subsystems forproviding 60.14 assistance to local government units building subsystems in the 60.15 metropolitan area that did not build their own subsystems in the 60.16 first phase. 60.17 Sec. 63. Minnesota Statutes 2002, section 473.891, is 60.18 amended by adding a subdivision to read: 60.19 Subd. 11. [THIRD PHASE.] "Third phase" means an extension 60.20 of the backbone system to serve the southeast and central 60.21 districts of the state patrol. 60.22 Sec. 64. Minnesota Statutes 2002, section 473.898, 60.23 subdivision 1, is amended to read: 60.24 Subdivision 1. [AUTHORIZATION.] The council, if requested 60.25 by a vote of at least two-thirds of all of the members of the 60.26 metropolitan radio board may, by resolution, authorize the 60.27 issuance of its revenue bonds for any of the following purposes 60.28 to: 60.29 (1) provide funds for regionwide mutual aid and emergency 60.30 medical services communications; 60.31 (2) provide funds for the elements of the first phase of 60.32 the regionwide public safety radio communications system that 60.33 the board determines are of regionwide benefit and support 60.34 mutual aid and emergency medical services communication 60.35 including, but not limited to, costs of master controllers of 60.36 the backbone; 61.1 (3) provide money for the second phase of the public safety 61.2 radio communication system; or61.3 (4) provide money for the third phase of the public safety 61.4 radio communication system; 61.5 (5) to the extent money is available after meeting the 61.6 needs described in clauses (1) to (3), provide money to 61.7 reimburse local units of government for amounts expended for 61.8 capital improvements to the first phase system previously paid 61.9 for by the local government units; or 61.10 (6) refund bonds issued under this section. 61.11 Sec. 65. Minnesota Statutes 2002, section 473.898, 61.12 subdivision 3, is amended to read: 61.13 Subd. 3. [LIMITATIONS.] (a) The principal amount of the 61.14 bonds issued pursuant to subdivision 1, exclusive of any 61.15 original issue discount, shall not exceed the amount of 61.16 $10,000,000 plus the amount the council determines necessary to 61.17 pay the costs of issuance, fund reserves, debt service, and pay 61.18 for any bond insurance or other credit enhancement. 61.19 (b) In addition to the amount authorized under paragraph 61.20 (a), the council may issue bonds under subdivision 1 in a 61.21 principal amount of $3,306,300, plus the amount the council 61.22 determines necessary to pay the cost of issuance, fund reserves, 61.23 debt service, and any bond insurance or other credit 61.24 enhancement. The proceeds of bonds issued under this paragraph 61.25 may not be used to finance portable or subscriber radio sets. 61.26 (c) In addition to the amount authorized under paragraphs 61.27 (a) and (b), the council may issue bonds under subdivision 1 in 61.28 a principal amount of $12,000,000$20,000,000, plus the amount 61.29 the council determines necessary to pay the costs of issuance, 61.30 fund reserves, debt service, and any bond insurance or other 61.31 credit enhancement. The proceeds of bonds issued under this 61.32 paragraph must be used to pay up to 3055 percent of the cost to 61.33 a local government unit of building a subsystem and may not be 61.34 used to finance portable or subscriber radio sets. The bond 61.35 proceeds may be used to make improvements to an existing 800 MHz 61.36 radio system that will interoperate with the regionwide public 62.1 safety radio communication system, provided that the 62.2 improvements conform to the board's plan and technical 62.3 standards. The council must time the sale and issuance of the 62.4 bonds so that the debt service on the bonds can be covered by 62.5 the additional revenue that will become available in the fiscal 62.6 year ending June 30, 2005, generated under section 403.11 and 62.7 appropriated under section 473.901. 62.8 (d) In addition to the amount authorized under paragraphs 62.9 (a) to (c), the council may issue bonds under subdivision 1 in a 62.10 principal amount of up to $40,000,000, plus the amount the 62.11 council determines necessary to pay the costs of issuance, fund 62.12 reserves, debt service, and any bond insurance or other credit 62.13 enhancement. The proceeds of bonds issued under this paragraph 62.14 are appropriated to the commissioner of public safety for phase 62.15 three of the public safety radio communication system. In 62.16 anticipation of the receipt by the commissioner of public safety 62.17 of the bond proceeds, the metropolitan radio board may advance 62.18 money from its operating appropriation to the commissioner of 62.19 public safety to pay for design and preliminary engineering for 62.20 phase three. The commissioner of public safety must return 62.21 these amounts to the metropolitan radio board when the bond 62.22 proceeds are received. 62.23 Sec. 66. Minnesota Statutes 2002, section 473.901, is 62.24 amended to read: 62.25 473.901 [ ADMINISTRATION DEPARTMENTAPPROPRIATION; 62.26 TRANSFERS; BUDGET.] 62.27 Subdivision 1. [STANDING APPROPRIATION; COSTS COVERED.] 62.28 For each fiscal year beginning with the fiscal year commencing 62.29 July 1, 1997, the amount necessary to pay the following costs is 62.30 appropriated to the commissioner of administrationpublic safety 62.31 from the 911 emergency telephonetelecommunications service 62.32 account established under section 403.11: 62.33 (1) debt service costs and reserves for bonds issued 62.34 pursuant to section 473.898; 62.35 (2) repayment of the right-of-way acquisition loans; 62.36 (3) costs of design, construction, maintenance of, and 63.1 improvements to those elements of the first and, second, and 63.2 third phases that support mutual aid communications and 63.3 emergency medical services; 63.4 (4) recurring charges for leased sites and equipment for 63.5 those elements of the first and, second, and third phases that 63.6 support mutual aid and emergency medical communication services; 63.7 or 63.8 (5) aid to local units of government for sites and 63.9 equipment in support of mutual aid and emergency medical 63.10 communications services. 63.11 This appropriation shall be used to pay annual debt service 63.12 costs and reserves for bonds issued pursuant to section 473.898 63.13 prior to use of fee money to pay other costs eligible under this 63.14 subdivision. In no event shall the appropriation for each 63.15 fiscal year exceed an amount equal to four cents a month for 63.16 each customer access line or other basic access service, 63.17 including trunk equivalents as designated by the public 63.18 utilities commission for access charge purposes and including 63.19 cellular and other nonwire access services, in the fiscal year. 63.20 Beginning July 1, 2004, this amount will increase to 5.513 63.21 cents a month. 63.22 Subd. 2. [RADIO BOARD BUDGET.] The metropolitan council 63.23 shall transmit the annual budget of the radio board to the 63.24 commissioner of administrationpublic safety no later than 63.25 December 15 of each year. The commissioner of administration63.26 shall include all eligible costs approved by the radio board for 63.27 the regionwide public safety communication system in itsthe 63.28 commissioner's request for legislative appropriations from the 63.29 911 emergency telephonetelecommunications service fee account. 63.30 All eligible costs approved by the radio board shall be included63.31 in the commissioner of administration's appropriation request.63.32 Subd. 3. [MONTHLY APPROPRIATION TRANSFERS.] Each month, 63.33 before the 25th day of the month, the commissioner of63.34 administrationshall transmit to the metropolitan council 1/12 63.35 of its total approved appropriation for the regionwide public 63.36 safety communication system. 64.1 Subd. 4. [IMPLEMENTATION OF PHASES THREE TO SIX.] To 64.2 implement phases three to six of the statewide public safety 64.3 radio communication system, the commissioner of public safety 64.4 shall contract with the commissioner of transportation to 64.5 construct, own, operate, maintain, and enhance the elements of 64.6 phases three to six identified in the plan developed under 64.7 section 473.907. The commissioner of transportation, under 64.8 appropriate state law, shall contract for, or procure by 64.9 purchase or lease (including joint purchase and lease 64.10 agreements), construction, installation of materials, supplies 64.11 and equipment, and other services as may be needed to build, 64.12 operate, and maintain phases three to six of the system. 64.13 Sec. 67. Minnesota Statutes 2002, section 473.902, is 64.14 amended by adding a subdivision to read: 64.15 Subd. 6. [OPERATING COSTS OF PHASES THREE TO SIX.] (a) The 64.16 ongoing costs of the commissioner in operating phases three to 64.17 six of the statewide public safety radio communication system 64.18 shall be allocated among and paid by the following users, all in 64.19 accordance with the statewide public safety radio communication 64.20 system plan developed by the planning committee under section 64.21 473.907: 64.22 (1) the state of Minnesota for its operations using the 64.23 system; 64.24 (2) all local government units using the system; and 64.25 (3) other eligible users of the system. 64.26 (b) Each local government and other eligible users of 64.27 phases three to six of the system shall pay to the commissioner 64.28 all sums charged under this section, at the times and in the 64.29 manner determined by the commissioner. The governing body of 64.30 each local government shall take all action that may be 64.31 necessary to provide the funds required for these payments and 64.32 to make the payments when due. 64.33 Sec. 68. Minnesota Statutes 2002, section 473.907, 64.34 subdivision 1, is amended to read: 64.35 Subdivision 1. [PLANNING COMMITTEE.] (a) The commissioner 64.36 of public safety shall convene and chair a planning committee to 65.1 develop a project plan for a statewide, shared, trunked public 65.2 safety radio communication system. 65.3 (b) The planning committee consists of the following 65.4 members or their designees: 65.5 (1) the commissioner of public safety; 65.6 (2) the commissioner of transportation; 65.7 (3) the commissioner of administration; 65.8 (4) the commissioner of natural resources; 65.9 (5) the chair of the metropolitan radio board; 65.10 (6) the president of the Minnesota sheriffs' association; 65.11 (7) a representative of the league of Minnesota cities from 65.12 the metropolitan area; and65.13 (8) a representative of the league of Minnesota cities from 65.14 greater Minnesota; and 65.15 (9) a representative of the association of Minnesota 65.16 counties from greater Minnesota. 65.17 Additionally, the commissioner of finance or a designee 65.18 shall serve on the committee as a nonvoting member. 65.19 (c) The planning committee must implement the project plan 65.20 and establish the statewide, shared trunked radio and 65.21 communications system. The commissioner of public safety is 65.22 designated as the chair of the planning committee. The 65.23 commissioner of public safety and the planning committee have 65.24 overall responsibility for the successful completion of 65.25 statewide communications infrastructure system integration. 65.26 (d) The planning committee must establish one or more 65.27 advisory groups for the purpose of advising on the plan, design, 65.28 implementation and administration of the statewide, shared 65.29 trunked radio and communications system. At least one such 65.30 group must consist of the following members: 65.31 (1) the chair of the metropolitan radio board or a 65.32 designee; 65.33 (2) the chief of the Minnesota state patrol; 65.34 (3) a representative of the Minnesota state sheriffs' 65.35 association; 65.36 (4) a representative of the Minnesota chiefs of police 66.1 association; and 66.2 (5) a representative of the Minnesota fire chiefs' 66.3 association. 66.4 Sec. 69. [473.908] [SUNSET.] 66.5 Notwithstanding Laws 2001, chapter 176, the metropolitan 66.6 radio board shall continue in existence through June 30, 2007. 66.7 Sec. 70. Laws 1998, chapter 366, section 80, as amended by 66.8 Laws 2001, First Special Session chapter 10, article 2, section 66.9 86, is amended to read: 66.10 Sec. 80. [SETTLEMENT DIVISION; TRANSFER OF JUDGES.] 66.11 The office of administrative hearings shall establish a 66.12 settlement division. The workers' compensation judges at the 66.13 department of labor and industry, together with their support 66.14 staff, offices, furnishings, equipment, and supplies, are 66.15 transferred to the settlement division of the office of 66.16 administrative hearings. Minnesota Statutes, section 15.039, 66.17 applies to the transfer of employees. The settlement division 66.18 of the office of administrative hearings shall maintain offices 66.19 in either Hennepin or Ramsey county and the citiescity of 66.20 Duluth and Detroit Lakes. The office of a judge in the 66.21 settlement division of the office of administrative hearings and 66.22 the support staff of the judge may be located in a building that 66.23 contains offices of the department of labor and industry. The 66.24 seniority of a workers' compensation judge at the office of 66.25 administrative hearings, after the transfer, shall be based on 66.26 the total length of service as a judge at either agency. For 66.27 purposes of the commissioner's plan under Minnesota Statutes, 66.28 section 43A.18, subdivision 2, all compensation judges at the 66.29 office of administrative hearings shall be considered to be in 66.30 the same employment condition, the same organizational unit and 66.31 qualified for work in either division. 66.32 Sec. 71. [ELECTED OFFICIAL SALARIES.] 66.33 Subdivision 1. [LEGISLATORS.] The salary for legislators 66.34 is decreased one percent, effective July 1, 2003, through June 66.35 30, 2005. 66.36 Subd. 2. [CONSTITUTIONAL OFFICERS.] The salary for each of 67.1 the following officials is decreased by one percent, effective 67.2 July 1, 2003, through June 30, 2005: governor, lieutenant 67.3 governor, attorney general, secretary of state, state auditor, 67.4 and treasurer. The compensation increases for the attorney 67.5 general, state auditor, secretary of state, and lieutenant 67.6 governor specified in Laws 2001, First Special Session chapter 67.7 10, article 1, section 2, subdivision 4, must not take effect 67.8 until July 1, 2005. 67.9 Subd. 3. [EFFECT ON OTHER COMPENSATION.] (a) 67.10 Notwithstanding Minnesota Statutes, sections 85A.02, subdivision 67.11 5a, 116O.04, subdivision 1, and 349A.02, subdivision 1, or other 67.12 law to the contrary, the salary of a state employee, other than 67.13 the officials specified in subdivision 2, must not be decreased 67.14 from the amount paid on the effective date of this section as a 67.15 result of subdivision 2. 67.16 (b) Notwithstanding Minnesota Statutes, section 43A.17, 67.17 subdivision 9, the compensation of a political subdivision 67.18 employee on the effective date of this section that would exceed 67.19 95 percent of the salary of the governor as a result of 67.20 subdivision 2 must not be decreased as a result of subdivision 2. 67.21 [EFFECTIVE DATE.] This section is effective July 1, 2003. 67.22 Sec. 72. [IMPLEMENTATION.] 67.23 (a) Within 30 days of the effective date of this section, a 67.24 task force shall convene to plan the implementation of Minnesota 67.25 Statutes, sections 15.0601 and 15.0602. The governor shall 67.26 appoint at least four, but no more than six, heads of state 67.27 agencies to serve on the task force. The speaker of the house 67.28 of representatives shall appoint one member of the majority 67.29 caucus and the minority leader shall appoint a member of the 67.30 minority caucus. The subcommittee on committees of the 67.31 committee on rules and administration of the senate shall 67.32 appoint two members of the senate, one of whom must be a member 67.33 of the minority. 67.34 (b) In planning the implementation of Minnesota Statutes, 67.35 sections 15.0601 and 15.0602, the task force shall address at 67.36 least the following issues: 68.1 (1) whether noncabinet level agencies, including boards 68.2 that have traditionally been independent, should be assigned to 68.3 secretaries and, if so, to which secretaries should they be 68.4 assigned; 68.5 (2) whether any reorganization of state agencies or 68.6 reassignment of agency functions would be necessary or 68.7 desirable; and 68.8 (3) whether any changes in the appointment, confirmation, 68.9 and titles of agency heads would be necessary or desirable. 68.10 (c) The task force shall report to the governor and the 68.11 legislature by January 15, 2004. Its report must include a 68.12 report on the progress of any reorganization that has been 68.13 identified as necessary or desirable and shall recommend any 68.14 legislation that might be necessary for further reorganization 68.15 and for implementation of Minnesota Statutes, sections 15.0601 68.16 and 15.0602. Also, by January 15, 2004, the governor's office 68.17 must submit to the legislature drafts of any reorganization 68.18 orders that might be planned to implement any reorganization 68.19 that has been identified as necessary or desirable. 68.20 (d) As a result of efficiencies achieved through the 68.21 realignment of agency authority and accountability in Minnesota 68.22 Statutes, sections 15.0601 and 15.0602, the governor shall 68.23 reduce managerial, supervisory, and other positions in executive 68.24 branch agencies. In accomplishing these reductions, the 68.25 governor shall eliminate certain commissioner and deputy 68.26 commissioner positions and shall consolidate support services, 68.27 such as management information systems, public information, 68.28 government relations, research, human resources, procurement, 68.29 and training and development. The legislature anticipates 68.30 general fund savings of $12,000,000 in fiscal year 2005 as a 68.31 result of these reductions. These general fund savings cancel 68.32 to the general fund. 68.33 (e) The governor must not appoint secretaries until January 68.34 6, 2004. Notwithstanding Minnesota Statutes, section 15.06, the 68.35 first secretaries appointed on or after January 6, 2004, may 68.36 serve in office until the senate refuses to consent to their 69.1 appointment. 69.2 [EFFECTIVE DATE.] This section is effective the day 69.3 following final enactment. 69.4 Sec. 73. [REAL ESTATE FILING SURCHARGE.] 69.5 All funds collected during the fiscal year ending June 30, 69.6 2004, and funds collected in the fiscal year ending June 30, 69.7 2003, that carry forward into the fiscal year ending June 30, 69.8 2004, pursuant to the additional 50-cent surcharges imposed by 69.9 Laws 2001, First Special Session chapter 10, article 2, section 69.10 77, and Laws 2002, chapter 365, are appropriated to the 69.11 legislative coordinating commission for the real estate task 69.12 force established by Laws 2000, chapter 391, for the purposes 69.13 set forth in Laws 2001, First Special Session chapter 10, 69.14 article 2, sections 98 to 101. $25,000 from those funds are to 69.15 be retained by the legislative coordinating commission for the 69.16 services described in Laws 2001, First Special Session chapter 69.17 10, article 2, section 99. 69.18 Sec. 74. [STUDY OF EMERGENCY MEDICAL SERVICES 69.19 PREPAREDNESS.] 69.20 The department of public safety shall conduct a study of 69.21 Minnesota's emergency medical service preparedness and its 69.22 relationship to the department's overall homeland security 69.23 planning. The study must analyze the coordination of responses 69.24 to emergencies, financial stability of the industries involved 69.25 in providing prehospital emergency care, effect of primary 69.26 service area determinations, availability in response to 69.27 terroristic activity, and authority of governmental subdivisions 69.28 in determining the level of care. The department shall report 69.29 its findings to the chairs of the senate health and family 69.30 security committee and crime prevention and public safety 69.31 committee and the chairs of the house of representatives health 69.32 and human services policy committee and judiciary policy and 69.33 finance committee by February 1, 2004. 69.34 Sec. 75. [TRANSFER OF RESPONSIBILITIES.] 69.35 The responsibilities of the commissioner of administration 69.36 to provide 911 emergency telecommunications services under 70.1 Minnesota Statutes, chapter 403, other than the responsibility 70.2 to collect 911 fees, are transferred to the commissioner of 70.3 public safety under Minnesota Statutes, section 15.039. The 70.4 transfer may be completed in one or more phases as provided in 70.5 an agreement between the commissioners of administration and 70.6 public safety, but no later than the first Monday in January 70.7 2004. 70.8 Sec. 76. [WAIVER.] 70.9 Notwithstanding Minnesota Statutes, section 16C.09, the 70.10 commissioner of administration may enter into or approve a 70.11 service contract for printing services without determining that 70.12 no current state employee is able and available to perform the 70.13 services called for by the contract. 70.14 Sec. 77. [REVISOR INSTRUCTIONS.] 70.15 The revisor of statutes shall renumber each section of 70.16 Minnesota Statutes listed in column A with the number listed in 70.17 column B. The revisor shall also make necessary cross-reference 70.18 changes consistent with the renumbering. 70.19 Column A Column B 70.20 473.891 403.21 70.21 473.893 403.22 70.22 473.894 403.23 70.23 473.895 403.24 70.24 473.896 403.25 70.25 473.897 403.26 70.26 473.898 403.27 70.27 473.899 403.28 70.28 473.900 403.29 70.29 473.901 403.30 70.30 473.902 403.31 70.31 473.903 403.32 70.32 473.904 403.33 70.33 473.905 403.34 70.34 473.906 403.35 70.35 473.907 403.36 70.36 Sec. 78. [REPEALER.] 71.1 Minnesota Statutes 2002, sections 16B.50 and 16C.07, are 71.2 repealed. 71.3 ARTICLE 3 71.4 CRIMINAL JUSTICE APPROPRIATIONS 71.5 Section 1. [CRIMINAL JUSTICE APPROPRIATIONS.] 71.6 The sums shown in the columns marked "APPROPRIATIONS" are 71.7 appropriated from the general fund, or another named fund, to 71.8 the agencies and for the purposes specified in this act, to be 71.9 available for the fiscal years indicated for each purpose. The 71.10 figures "2003," "2004," and "2005," where used in this act, mean 71.11 that the appropriation or appropriations listed under them are 71.12 available for the year ending June 30, 2003, June 30, 2004, or 71.13 June 30, 2005, respectively. The term "first year" means the 71.14 fiscal year ending June 30, 2004, and the term "second year" 71.15 means the fiscal year ending June 30, 2005. 71.16 SUMMARY BY FUND 71.17 2004 2005 TOTAL 71.18 General $ 316,501,000 $ 332,719,000 $ 649,220,000 71.19 For 2003 - $35,000 71.20 State Government 71.21 Special Revenue 30,318,000 34,199,000 64,517,000 71.22 Environmental 71.23 Fund 49,000 49,000 98,000 71.24 Special Revenue 71.25 Fund 4,578,000 4,578,000 9,156,000 71.26 Trunk 71.27 Highway 361,000 361,000 722,000 71.28 TOTAL $ 351,807,000 $ 371,906,000 $ 723,713,000 71.29 APPROPRIATIONS 71.30 Available for the Year 71.31 Ending June 30 71.32 2004 2005 71.33 Sec. 2. SUPREME COURT 71.34 Subdivision 1. Total 71.35 Appropriation $39,173,000 $36,520,000 71.36 Subd. 2. Supreme Court Operations 71.37 5,131,000 5,150,000 71.38 $5,000 each year is for a contingent 71.39 account for expenses necessary for the 71.40 normal operation of the court for which 71.41 no other reimbursement is provided. 72.1 Subd. 3. Civil Legal Services 72.2 7,559,000 7,559,000 72.3 Subd. 4. State Court Administration 72.4 24,394,000 21,722,000 72.5 Priority shall be given to maintaining 72.6 fiscal years 2002 and 2003 biennium 72.7 funding levels for court interpreter 72.8 programming, children's justice 72.9 initiative, guardian ad litem 72.10 programming statewide, and the 72.11 Minnesota court information system 72.12 (MNCIS). 72.13 Subd. 5. Law Library Operations 72.14 2,089,000 2,089,000 72.15 Sec. 3. COURT OF APPEALS 7,957,000 7,994,000 72.16 Sec. 4. DISTRICT COURTS 179,924,000 201,101,000 72.17 Priority shall be given to maintaining 72.18 and strengthening fiscal years 2002 and 72.19 2003 biennium funding levels for court 72.20 interpreter programming, guardian ad 72.21 litem programming, and services to 72.22 victims of domestic and sexual abuse 72.23 and to minimizing the closing of 72.24 satellite courts. 72.25 The balance of any retired judge usage 72.26 funding allocated to the fourth 72.27 judicial district in the fiscal year 72.28 2003 appropriation to the district 72.29 courts and the community court 72.30 appropriation for the fourth judicial 72.31 district do not cancel and are 72.32 available to the fourth judicial 72.33 district until spent. 72.34 Sec. 5. BOARD ON JUDICIAL 72.35 STANDARDS 252,000 252,000 72.36 For 2003 - $35,000 72.37 This appropriation for fiscal year 2003 72.38 is added to the appropriation in Laws 72.39 2001, First Special Session chapter 8, 72.40 article 4, section 5, to the board on 72.41 judicial standards and is to fund costs 72.42 of a public hearing for a judge. This 72.43 is a onetime appropriation. 72.44 Sec. 6. TAX COURT 751,000 751,000 72.45 Sec. 7. UNIFORM LAWS 72.46 COMMISSION 38,000 39,000 72.47 Sec. 8. HUMAN RIGHTS 3,753,000 3,724,000 72.48 Sec. 9. PUBLIC SAFETY 72.49 Subdivision 1. Total 72.50 Appropriation 115,470,000 117,036,000 72.51 Summary by Fund 73.1 General 84,107,000 81,792,000 73.2 Special Revenue 635,000 635,000 73.3 State Government 73.4 Special Revenue 30,318,000 34,199,000 73.5 Environmental 49,000 49,000 73.6 Trunk Highway 361,000 361,000 73.7 The amounts that may be spent from this 73.8 appropriation for each program are 73.9 specified in the following subdivisions. 73.10 The commissioners of public safety and 73.11 transportation must jointly report 73.12 annually to the chairs and ranking 73.13 minority members of the house of 73.14 representatives and senate committees 73.15 having jurisdiction over transportation 73.16 and public safety finance issues on the 73.17 expenditure of any federal funds 73.18 available under the repeat offender 73.19 transfer program, Public Law 105-206, 73.20 section 164. 73.21 [EQUIPMENT; EMERGENCY RESPONSE TEAMS; 73.22 DULUTH, MOORHEAD, ST. PAUL, ROCHESTER.] 73.23 The commissioner of public safety may 73.24 not relocate or reassign to another 73.25 location or emergency response team the 73.26 equipment currently housed or stored in 73.27 or around Duluth, Moorhead, St. Paul, 73.28 or Rochester and intended for use by 73.29 the emergency response teams 73.30 responsible for responding to incidents 73.31 in and around Duluth, Moorhead, St. 73.32 Paul, or Rochester. 73.33 Subd. 2. Emergency 73.34 Management 7,768,000 4,076,000 73.35 Summary by Fund 73.36 General 7,719,000 4,027,000 73.37 Environmental 49,000 49,000 73.38 $1,522,000 is for the purchase of 73.39 terrorism response-related equipment. 73.40 This amount is for grants to local and 73.41 state response units for the purchase 73.42 of personal protection equipment, 73.43 chemical detection and measurement 73.44 equipment, and decontamination 73.45 equipment for first response units. Up 73.46 to 1.5 percent of this appropriation 73.47 may be used for the administration of 73.48 the grants. The commissioner shall 73.49 distribute the grants in accordance 73.50 with criteria recommended by the 73.51 homeland security advisory council or 73.52 its successor. Grant applicants must 73.53 provide a 25 percent match from 73.54 nonstate funds or in-kind contributions 73.55 to obtain grant funding. This is a 73.56 onetime appropriation. 73.57 $2,170,000 is for terrorism 73.58 response-related training. The amount 74.1 is for grants to local response units 74.2 for approved certification and 74.3 terrorism training. The division shall 74.4 distribute the grants in accordance 74.5 with criteria recommended by the 74.6 homeland security advisory council or 74.7 its successor. No portion of this 74.8 money may be used to supplant current 74.9 funding for training. This is a 74.10 onetime appropriation. 74.11 Subd. 3. Criminal 74.12 Apprehension 38,842,000 40,224,000 74.13 Summary by Fund 74.14 General 37,839,000 39,221,000 74.15 Special Revenue 635,000 635,000 74.16 State Government 74.17 Special Revenue 7,000 7,000 74.18 Trunk Highway 361,000 361,000 74.19 $1,066,000 the first year and $546,000 74.20 the second year are to enable the 74.21 bureau of criminal apprehension to 74.22 establish and maintain an Internet Web 74.23 site containing public criminal history 74.24 data. This is a onetime appropriation 74.25 and does not become part of the base. 74.26 If the appropriation for the first year 74.27 if not sufficient, the appropriation 74.28 for the second year is available for 74.29 use in the first year. $28,000 is 74.30 added to the base for fiscal year 2006 74.31 and $28,000 is added to the base for 74.32 fiscal year 2007 for ongoing support 74.33 and maintenance of the Web site. 74.34 $135,000 the first year and $135,000 74.35 the second year are from the bureau of 74.36 criminal apprehension account in the 74.37 special revenue fund is for grants to 74.38 local officials for the cooperative 74.39 investigation of cross-jurisdictional 74.40 criminal activity. Any unencumbered 74.41 balance remaining in the first year 74.42 does not cancel but is available for 74.43 the second year. 74.44 $500,000 the first year and $500,000 74.45 the second year from the bureau of 74.46 criminal apprehension account in the 74.47 special revenue fund are appropriated 74.48 for laboratory activities. 74.49 Notwithstanding Minnesota Statutes, 74.50 section 161.20, subdivision 3, $361,000 74.51 the first year and $361,000 the second 74.52 year are appropriated from the trunk 74.53 highway fund for laboratory analysis 74.54 related to driving while impaired cases. 74.55 The commissioner of public safety shall 74.56 develop a plan for using the base funds 74.57 appropriated for CriMNet policy group, 74.58 CriMNet backbone, and CriMNet suspense 74.59 file reductions to further completion 74.60 of the CriMNet program. The 75.1 commissioner shall consult the criminal 75.2 and juvenile justice information policy 75.3 group and other interested parties on 75.4 the development of this plan. 75.5 The commissioner of public safety must 75.6 not reduce appropriations for the DWI 75.7 lab, forensic lab, CriMNet suspense 75.8 file project, or CriMNet backbone to 75.9 offset increased lease payments for the 75.10 new bureau of criminal apprehension 75.11 building. 75.12 Not more than $5,000 each year may be 75.13 spent on communications activity for 75.14 CriMNet. This includes staff with 75.15 responsibilities that include strategic 75.16 communications planning, media 75.17 relations, internal and external 75.18 communications, and local, state, and 75.19 federal government relations. 75.20 Subd. 4. Fire Marshal 75.21 3,002,000 3,002,000 75.22 $572,000 the first year and $572,000 75.23 the second year are for the operation 75.24 and administration of public and 75.25 charter school inspections by the state 75.26 fire marshal. If inspections of public 75.27 school buildings and charter schools 75.28 were conducted by local units of 75.29 government between January 1, 1987, and 75.30 January 1, 1990, the inspections may 75.31 continue to be provided by the local 75.32 unit of government. 75.33 Subd. 5. Alcohol and 75.34 Gambling Enforcement 75.35 1,780,000 1,780,000 75.36 Subd. 6. Crime Victim 75.37 Services Center 75.38 29,569,000 29,569,000 75.39 $200,000 the first year and $200,000 75.40 the second year are for the parenting 75.41 time centers. 75.42 $945,000 the first year and $945,000 75.43 the second year are for the abused 75.44 children program. 75.45 The commissioner shall maintain the 75.46 current advisory councils for battered 75.47 women, sexual assault, and general 75.48 crime victims within the newly created 75.49 office of justice programs. 75.50 Subd. 7. Law Enforcement 75.51 and Community Grants 75.52 4,198,000 4,193,000 75.53 The base for this program shall be 75.54 $4,193,000 for fiscal year 2006 and 75.55 $4,193,000 for fiscal year 2007. 76.1 Up to 2.5 percent of the grant funds 76.2 appropriated in this subdivision may be 76.3 used to administer the grant programs. 76.4 The office of drug policy and violence 76.5 prevention must give priority to 76.6 programs dealing with school truancy 76.7 and after-school activity. 76.8 Subd. 8. 9ll Emergency 76.9 Telecommunications System 30,311,000 34,192,000 76.10 This appropriation is from the state 76.11 government special revenue fund for 911 76.12 emergency telecommunications services. 76.13 (a) Public Safety Answering Points 76.14 13,946,000 14,818,000 76.15 To be distributed as provided in 76.16 Minnesota Statutes, section 403.113, 76.17 subdivision 2. 76.18 This appropriation may only be used for 76.19 public safety answering points that 76.20 have implemented enhanced 911 service 76.21 or whose governmental agency has made a 76.22 binding commitment to the commissioner 76.23 of public safety to implement enhanced 76.24 911 service by January 1, 2008. 76.25 (b) Medical Resource Communication 76.26 Centers 76.27 697,000 741,000 76.28 For grants to the Minnesota emergency 76.29 medical services regulatory board for 76.30 the metro east and metro west medical 76.31 resource communication centers. 76.32 Sec. 10. BOARD OF PEACE OFFICER 76.33 STANDARDS AND TRAINING 3,943,000 3,943,000 76.34 This appropriation is from the peace 76.35 officers training account in the 76.36 special revenue fund. Any receipts 76.37 credited to that account in the first 76.38 year in excess of $3,943,000 must be 76.39 transferred and credited to the general 76.40 fund. Any receipts credited to that 76.41 account in the second year in excess of 76.42 $3,943,000 must be transferred and 76.43 credited to the general fund. 76.44 Sec. 11. BOARD OF PRIVATE DETECTIVE 76.45 AND PROTECTIVE AGENT SERVICES 126,000 126,000 76.46 Sec. 12. OFFICE OF CRIME VICTIM 76.47 OMBUDSMAN 420,000 420,000 76.48 Sec. 13. Laws 2001, First Special Session chapter 8, 76.49 article 4, section 2, subdivision 4, is amended to read: 76.50 Subd. 4. State Court Administration 76.51 22,815,000 24,570,000 76.52 [JUDICIAL BRANCH TRANSFORMATION AND 77.1 INFRASTRUCTURE.] $1,054,000 the first 77.2 year and $1,905,000 the second year are 77.3 for judicial branch transformation and 77.4 infrastructure. 77.5 [CONTINUE REDEVELOPMENT OF COURT 77.6 INFORMATION SYSTEM.] $7,500,000 each 77.7 year is to continue redevelopment of 77.8 the court information system to be used 77.9 by all counties to integrate court 77.10 information with other criminal justice 77.11 information. Of this amount, $225,000 77.12 the first year must be transferred to 77.13 the board of public defense for 77.14 hardware and software necessary to 77.15 redesign information systems to 77.16 accommodate changes to the criminal 77.17 justice information system. This is a 77.18 onetime transfer. This transfer amount 77.19 does not cancel and is available to the 77.20 board of public defense until spent. 77.21 This appropriation may not be used for 77.22 any other purpose. Any unencumbered 77.23 balances remaining from the first year 77.24 do not cancel but are available for the 77.25 second year. 77.26 This appropriation is available only 77.27 pursuant to a budget approved by the 77.28 criminal and juvenile justice 77.29 information policy group that is 77.30 consistent with technology and project 77.31 management analyses of the office of 77.32 technology. 77.33 Up to 20 percent of this appropriation 77.34 may be released on July 1, 2001. The 77.35 remaining funds shall be released upon 77.36 approval of the criminal and juvenile 77.37 justice information policy group, under 77.38 advisement from the office of 77.39 technology. The policy group shall 77.40 approve the release of funding for each 77.41 project to ensure (1) that the project 77.42 is in compliance with the statewide 77.43 criminal justice information system 77.44 standards, (2) that each project 77.45 remains feasible according to plans 77.46 established pursuant to Minnesota 77.47 Statutes, sections 16E.04, subdivision 77.48 3, and 299C.65, subdivision 6 or 7, or 77.49 that an updated plan has been approved 77.50 by the policy group and the project is 77.51 progressing according to the revised 77.52 plan, (3) that the project is fully 77.53 integrated with existing information 77.54 and communications networks, and (4) 77.55 that it complies with technology 77.56 standards and protocols established by 77.57 the office of technology for statewide 77.58 connectivity and interoperability. 77.59 [EFFECTIVE DATE.] This section is effective the day 77.60 following final enactment. In the event that the transfer of 77.61 $225,000 to the board of public defense has not been completed 77.62 by the effective date of this section, the transfer shall be 77.63 completed within ten days of the effective date of this section. 78.1 Sec. 14. [EFFECTIVE DATE.] 78.2 The appropriations for fiscal year 2003 are effective the 78.3 day following final enactment. All other appropriations are 78.4 effective July 1, 2003. 78.5 ARTICLE 4 78.6 PUBLIC SAFETY AND JUDICIARY POLICY PROVISIONS 78.7 Section 1. Minnesota Statutes 2002, section 13.87, 78.8 subdivision 3, is amended to read: 78.9 Subd. 3. [INTERNET ACCESS.] (a) The bureau of criminal 78.10 apprehension shall establish and maintain an Internet Web site 78.11 containing public criminal history data by January 1, 2004. 78.12 (b) Notwithstanding section 13.03, subdivision 3, paragraph 78.13 (a), the bureau of criminal apprehensionmay charge a fee for 78.14 Internet access to public criminal history data provided through 78.15 August 1, 20032005. The fee may not exceed $5 per inquiry or 78.16 the amount needed to recoup the actual cost of implementing and 78.17 providing Internet access, whichever is less. Fees collected 78.18 must be deposited in the general fund as a nondedicated receipt. 78.19 (b)(c) The Web site must include a notice to the subject 78.20 of data of the right to contest the accuracy or completeness of 78.21 data, as provided under section 13.04, subdivision 4, and 78.22 provide a telephone number and address that the subject may 78.23 contact for further information on this process. 78.24 (c)(d) The Web site must include the effective date of 78.25 data that is posted. 78.26 (d)(e) The Web site must include a description of the 78.27 types of criminal history data not available on the site, 78.28 including arrest data, juvenile data, criminal history data from 78.29 other states, federal data, data on convictions where 15 years 78.30 have elapsed since discharge of the sentence, and other data 78.31 that are not accessible to the public. 78.32 (e)(f) A person who intends to access the Web site to 78.33 obtain information regarding an applicant for employment, 78.34 housing, or credit shouldmust disclose to the applicant the 78.35 intention to do so. The Web site must include a notice that a 78.36 person obtaining such access shouldmust notify the applicant 79.1 thatwhen a background check using this Web site may behas been 79.2 conducted. This paragraph does not create a civil cause of79.3 action on behalf of the data subject.79.4 (g) This subdivision does not create a civil cause of 79.5 action on behalf of the data subject. 79.6 (h) This subdivision expires July 31, 2007. 79.7 Sec. 2. Minnesota Statutes 2002, section 271.06, 79.8 subdivision 4, is amended to read: 79.9 Subd. 4. [APPEAL FEE.] At the time of filing the notice of 79.10 appeal the appellant shall pay to the court administrator of the 79.11 tax court an appeal fee equal to the fee provided for civil 79.12 actions in the district court under section 357.021, subdivision 79.13 2, clause (1); except that no appeal fee shall be required of 79.14 the commissioner of revenue, the attorney general, the state or 79.15 any of its political subdivisions. In small claims division, 79.16 the appeal fee shall be $25$150. The provisions of chapter 79.17 563, providing for proceedings in forma pauperis, shall also 79.18 apply for appeals to the tax court. 79.19 Sec. 3. Minnesota Statutes 2002, section 299C.10, 79.20 subdivision 4, is amended to read: 79.21 Subd. 4. [FEE FOR BACKGROUND CHECK; ACCOUNT; 79.22 APPROPRIATION.] The superintendent shall collect a fee in an 79.23 amount to cover the expense for each background check provided 79.24 for a purpose not directly related to the criminal justice 79.25 system or required by section 624.7131, 624.7132, or 624.714. 79.26 The proceeds of the fee must be deposited in a special account. 79.27 Money in the account is annually appropriated to the 79.28 commissioner to maintain and improve the quality of the criminal 79.29 record system in Minnesota. The superintendent shall collect an 79.30 additional handling fee of $7 for FBI background fingerprint 79.31 checks. 79.32 Sec. 4. Minnesota Statutes 2002, section 299C.10, is 79.33 amended by adding a subdivision to read: 79.34 Subd. 5. [FEE FOR TAKING FINGERPRINTS; ACCOUNT 79.35 APPROPRIATION.] The superintendent may charge a fee of $10 to 79.36 take fingerprints for the public when required by an employer or 80.1 government entity for either employment or licensing. No fee 80.2 will be charged when there is a question whether the person is 80.3 the subject of a criminal history record. The proceeds of the 80.4 fee must be deposited in an account in the special revenue 80.5 fund. Money in the account is annually appropriated to the 80.6 commissioner to maintain and improve the quality of the criminal 80.7 record system in Minnesota. 80.8 Sec. 5. Minnesota Statutes 2002, section 299C.48, is 80.9 amended to read: 80.10 299C.48 [CONNECTION BY AUTHORIZED AGENCY; STANDING 80.11 APPROPRIATION.] 80.12 (a) An agency authorized under section 299C.46, subdivision 80.13 3, may connect with and participate in the criminal justice data 80.14 communications network upon approval of the commissioner of 80.15 public safety; provided, that the agency shall first agree to 80.16 pay installation charges as may be necessary for connection and 80.17 monthly operational charges as may be established by the 80.18 commissioner of public safety. Before participation by a 80.19 criminal justice agency may be approved, the agency must have 80.20 executed an agreement with the commissioner providing for 80.21 security of network facilities and restrictions on access to 80.22 data supplied to and received through the network. 80.23 (b) In addition to any fee otherwise authorized, the 80.24 commissioner of public safety shall impose a fee for providing 80.25 secure dial-up or Internet access for criminal justice agencies 80.26 and noncriminal justice agencies. The following monthly fees 80.27 apply: 80.28 (1) criminal justice agency accessing via Internet, $15; 80.29 (2) criminal justice agency accessing via dial-up, $35; 80.30 (3) noncriminal justice agency accessing via Internet, $35; 80.31 and 80.32 (4) noncriminal justice agency accessing via dial-up, $35. 80.33 (c) The installation and monthly operational charges 80.34 collected by the commissioner of public safety under paragraph80.35 paragraphs (a) and (b) are annually appropriated to the 80.36 commissioner to administer sections 299C.46 to 299C.50. 81.1 Sec. 6. Minnesota Statutes 2002, section 299F.46, 81.2 subdivision 1, is amended to read: 81.3 Subdivision 1. [HOTEL INSPECTION.] (a) It shall be the 81.4 duty of the commissioner of public safety to inspect, or cause 81.5 to be inspected, at least once every three years, every hotel in 81.6 this state; and, for that purpose, the commissioner, or the 81.7 commissioner's deputies, or designated alternates or agents 81.8 shall have the right to enter or have access thereto at any 81.9 reasonable hour; and, when, upon such inspection, it shall be 81.10 found that the hotel so inspected does not conform to or is not 81.11 being operated in accordance with the provisions of sections 81.12 157.011 and 157.15 to 157.22, in so far as the same relate to 81.13 fire prevention or fire protection of hotels, or the rules 81.14 promulgated thereunder, or is being maintained or operated in 81.15 such manner as to violate the Uniform Fire CodeMinnesota State 81.16 Fire Code promulgated pursuant to section 299F.011 or any other 81.17 law of this state relating to fire prevention and fire 81.18 protection of hotels, the commissioner and the deputies or 81.19 designated alternates or agents shall report such a situation to 81.20 the hotel inspector who shall proceed as provided for in chapter 81.21 157. 81.22 (b) The word "hotel", as used in this subdivision, has the 81.23 meaning given in section 299F.391. 81.24 Sec. 7. Minnesota Statutes 2002, section 299F.46, is 81.25 amended by adding a subdivision to read: 81.26 Subd. 3. [INSPECTION FEES.] (a) For each hotel required to 81.27 have a fire inspection according to subdivision 1, the 81.28 commissioner of public safety may charge each hotel a triennial 81.29 inspection fee of $435 and a per room charge of $5 for one to 18 81.30 units; $6 for 19 to 35 units; $7 for 36 to 100 units; and $8 for 81.31 100 or more units. The fee includes one follow-up inspection. 81.32 The commissioner shall charge each resort a triennial inspection 81.33 fee of $435 and a per room charge of $5 for one to ten units; $6 81.34 for 11 to 25 units; and $7 for 26 or more units. 81.35 The commissioner shall charge a fee of $225 for each 81.36 additional follow-up inspection for hotels and resorts conducted 82.1 in each three-year cycle that is necessary to bring the hotel or 82.2 resort into compliance with the state fire code. 82.3 (b) Nothing in this subdivision prevents the designated 82.4 agent from continuing to charge an inspection fee or from 82.5 establishing a new inspection fee. 82.6 Sec. 8. Minnesota Statutes 2002, section 299F.46, is 82.7 amended by adding a subdivision to read: 82.8 Subd. 4. [SPECIAL ACCOUNT.] Money received by the state 82.9 fire marshal division for this program must be deposited in the 82.10 state treasury and credited to a state fire marshal hotel 82.11 inspection dedicated account in the special revenue fund. All 82.12 money in the state fire marshal hotel inspection dedicated 82.13 account is annually appropriated to the commissioner of public 82.14 safety to operate and administer this program. 82.15 Sec. 9. Minnesota Statutes 2002, section 299M.03, is 82.16 amended by adding a subdivision to read: 82.17 Subd. 3. [CERTIFICATION FEE; ANNUAL APPROPRIATION.] The 82.18 state fire marshal shall charge $55 to conduct and administer 82.19 the journeyman sprinkler fitter certification process. Money 82.20 received by the state fire marshal division for the 82.21 administration of this program must be deposited in the state 82.22 treasury and credited to a state fire marshal dedicated account 82.23 in the special revenue fund. All money in the state fire 82.24 marshal account is annually appropriated to the commissioner of 82.25 public safety to administer this program. 82.26 Sec. 10. Minnesota Statutes 2002, section 340A.301, is 82.27 amended by adding a subdivision to read: 82.28 Subd. 6a. [PERMITS AND FEES.] Any person engaged in the 82.29 purchase, sale, or use for any purpose other than personal 82.30 consumption of intoxicating alcoholic beverages or ethyl alcohol 82.31 shall obtain the appropriate regulatory permit and 82.32 identification card from the commissioner as provided in this 82.33 subdivision. The fee for each permit, other than one issued to 82.34 a state or federal agency, is $35 and must be submitted together 82.35 with the appropriate application form provided by the 82.36 commissioner. Identification cards and permits must be issued 83.1 for a period coinciding with that of the appropriate state or 83.2 municipal license and are not transferable. In instances where 83.3 there is no annual license period, cards and permits expire one 83.4 year after the date of issuance. The authority to engage in the 83.5 purchase, sale, or use granted by the card or permit may be 83.6 revoked by the commissioner upon evidence of a violation by the 83.7 holder of such a card or permit of any of the provisions of 83.8 chapter 340A or any rule of the commissioner made pursuant to 83.9 law. 83.10 Sec. 11. Minnesota Statutes 2002, section 357.021, 83.11 subdivision 2, is amended to read: 83.12 Subd. 2. [FEE AMOUNTS.] The fees to be charged and 83.13 collected by the court administrator shall be as follows: 83.14 (1) In every civil action or proceeding in said court, 83.15 including any case arising under the tax laws of the state that 83.16 could be transferred or appealed to the tax court, the 83.17 plaintiff, petitioner, or other moving party shall pay, when the 83.18 first paper is filed for that party in said action, a fee of 83.19 $135$265. 83.20 The defendant or other adverse or intervening party, or any 83.21 one or more of several defendants or other adverse or 83.22 intervening parties appearing separately from the others, shall 83.23 pay, when the first paper is filed for that party in said 83.24 action, a fee of $135$265. 83.25 The party requesting a trial by jury shall pay $75. 83.26 The fees above stated shall be the full trial fee 83.27 chargeable to said parties irrespective of whether trial be to 83.28 the court alone, to the court and jury, or disposed of without 83.29 trial, and shall include the entry of judgment in the action, 83.30 but does not include copies or certified copies of any papers so 83.31 filed or proceedings under chapter 103E, except the provisions 83.32 therein as to appeals. 83.33 (2) Certified copy of any instrument from a civil or 83.34 criminal proceeding, $10, and $5 for an uncertified copy. 83.35 (3) Issuing a subpoena, $3$12 for each name. 83.36 (4) Filing a motion or response to a motion in civil, 84.1 family, excluding child support, and guardianship cases, $55. 84.2 (5) Issuing an execution and filing the return thereof; 84.3 issuing a writ of attachment, injunction, habeas corpus, 84.4 mandamus, quo warranto, certiorari, or other writs not 84.5 specifically mentioned, $10$40. 84.6 (5)(6) Issuing a transcript of judgment, or for filing and 84.7 docketing a transcript of judgment from another court, $7.50$30. 84.8 (6)(7) Filing and entering a satisfaction of judgment, 84.9 partial satisfaction, or assignment of judgment, $5. 84.10 (7)(8) Certificate as to existence or nonexistence of 84.11 judgments docketed, $5 for each name certified to. 84.12 (8)(9) Filing and indexing trade name; or recording basic 84.13 science certificate; or recording certificate of physicians, 84.14 osteopaths, chiropractors, veterinarians, or optometrists, $5. 84.15 (9)(10) For the filing of each partial, final, or annual 84.16 account in all trusteeships, $10$40. 84.17 (10)(11) For the deposit of a will, $5$20. 84.18 (11)(12) For recording notary commission, $25$100, of 84.19 which, notwithstanding subdivision 1a, paragraph (b), $20$80 84.20 must be forwarded to the state treasurer to be deposited in the 84.21 state treasury and credited to the general fund. 84.22 (12)(13) Filing a motion or response to a motion for 84.23 modification of child support, a fee fixed by rule or order of 84.24 the supreme court. 84.25 (13)(14) All other services required by law for which no 84.26 fee is provided, such fee as compares favorably with those 84.27 herein provided, or such as may be fixed by rule or order of the 84.28 court. 84.29 (14)(15) In addition to any other filing fees under this 84.30 chapter, a surcharge in the amount of $75 must be assessed in 84.31 accordance with section 259.52, subdivision 14, for each 84.32 adoption petition filed in district court to fund the fathers' 84.33 adoption registry under section 259.52. 84.34 The fees in clauses (3) and (4) need not be paid by a 84.35 public authority or the party the public authority represents. 84.36 Sec. 12. Minnesota Statutes 2002, section 357.021, 85.1 subdivision 7, is amended to read: 85.2 Subd. 7. [DISBURSEMENT OF SURCHARGES BY STATE TREASURER.] 85.3 (a) Except as provided in paragraphs (b) and (c), the state 85.4 treasurer shall disburse surcharges received under subdivision 6 85.5 and section 97A.065, subdivision 2, as follows: 85.6 (1) one percent shall be credited to the game and fish fund 85.7 to provide peace officer training for employees of the 85.8 department of natural resources who are licensed under sections 85.9 626.84 to 626.863, and who possess peace officer authority for 85.10 the purpose of enforcing game and fish laws; 85.11 (2) 39 percent shall be credited to the peace officers 85.12 training account in the special revenue fund; and 85.13 (3) 60 percent shall be credited to the general fund. 85.14 (b) The state treasurer shall credit $3 of each surcharge 85.15 received under subdivision 6 and section 97A.065, subdivision 2, 85.16 to a criminal justice special projects account in the special85.17 revenue fund. This account is available for appropriation to85.18 the commissioner of public safety for grants to law enforcement85.19 agencies and for other purposes authorized by the85.20 legislaturethe general fund. 85.21 (c) In addition to any amounts credited under paragraph 85.22 (a), the state treasurer shall credit $7 of each surcharge 85.23 received under subdivision 6 and section 97A.065, subdivision 2, 85.24 to the general fund. 85.25 Sec. 13. Minnesota Statutes 2002, section 357.022, is 85.26 amended to read: 85.27 357.022 [CONCILIATION COURT FEE.] 85.28 The court administrator in every county shall charge and 85.29 collect a filing fee of $25 where the amount demanded is less85.30 than $2,000 and $35 where the amount demanded is $2,000 or more85.31 $50 from every plaintiff and from every defendant when the first 85.32 paper for that party is filed in any conciliation court action. 85.33 This section does not apply to conciliation court actions filed 85.34 by the state. The court administrator shall transmit the fees 85.35 monthly to the state treasurer for deposit in the state treasury 85.36 and credit to the general fund. 86.1 Sec. 14. Minnesota Statutes 2002, section 357.08, is 86.2 amended to read: 86.3 357.08 [PAID BY APPELLANT IN APPEAL.] 86.4 There shall be paid to the clerk of the appellate courts by 86.5 the appellant, or moving party or person requiring the service, 86.6 in all cases of appeal, certiorari, habeas corpus, mandamus, 86.7 injunction, prohibition, or other original proceeding, when 86.8 initially filed with the clerk of the appellate courts, the sum 86.9 of $250$500 to the clerk of the appellate courts. An 86.10 additional filing fee of $100 shall be required for a petition 86.11 for accelerated review by the supreme court. A filing fee 86.12 of $250$500 shall be paid to the clerk of the appellate courts 86.13 upon the filing of a petition for review from a decision of the 86.14 court of appeals. A filing fee of $250$500 shall be paid to 86.15 the clerk of the appellate courts upon the filing of a petition 86.16 for permission to appeal. A filing fee of $100 shall be paid to 86.17 the clerk of the appellate courts upon the filing by a 86.18 respondent of a notice of review. The clerk shall transmit the 86.19 fees to the state treasurer for deposit in the state treasury 86.20 and credit to the general fund. 86.21 The clerk shall not file any paper, issue any writ or 86.22 certificate, or perform any service enumerated herein, until the 86.23 payment has been made for it. The clerk shall pay the sum into 86.24 the state treasury as provided for by section 15A.01. 86.25 The charges provided for shall not apply to disbarment 86.26 proceedings, nor to an action or proceeding by the state taken 86.27 solely in the public interest, where the state is the appellant 86.28 or moving party, nor to copies of the opinions of the court 86.29 furnished by the clerk to the parties before judgment, or 86.30 furnished to the district judge whose decision is under review, 86.31 or to such law library associations in counties having a 86.32 population exceeding 50,000, as the court may direct. 86.33 Sec. 15. Minnesota Statutes 2002, section 611A.72, is 86.34 amended to read: 86.35 611A.72 [CITATION.] 86.36 Sections 611A.72 to 611A.74 may be cited as the "Crime 87.1 Victim OversightOmbudsman Act." 87.2 [EFFECTIVE DATE.] This section is effective July 1, 2003. 87.3 Sec. 16. Minnesota Statutes 2002, section 611A.73, 87.4 subdivision 2, is amended to read: 87.5 Subd. 2. [APPROPRIATE AUTHORITY.] "Appropriate authority" 87.6 includes anyone who is the subject of a complaint under sections87.7 611A.72 to 611A.74to the commissionerombudsman or anyone 87.8 within the agency who is in a supervisory position with regard 87.9 to one who is the subject of a complaint under sections 611A.7287.10 to 611A.74. 87.11 [EFFECTIVE DATE.] This section is effective July 1, 2003. 87.12 Sec. 17. Minnesota Statutes 2002, section 611A.73, 87.13 subdivision 6, is amended to read: 87.14 Subd. 6. [ COMMISSIONEROMBUDSMAN.] "Commissioner"87.15 "Ombudsman" means the commissioner of public safetycrime victim 87.16 ombudsman. 87.17 [EFFECTIVE DATE.] This section is effective July 1, 2003. 87.18 Sec. 18. Minnesota Statutes 2002, section 611A.74, is 87.19 amended to read: 87.20 611A.74 [CRIME VICTIM OMBUDSMAN; CREATION.] 87.21 Subdivision 1. [ AUTHORITY UNDER THIS ACTCREATION.] The 87.22 office of crime victim ombudsman for Minnesota is created. The 87.23 ombudsman shall be appointed by the governor, shall serve in the 87.24 unclassified service at the pleasure of the governor, and shall 87.25 be selected without regard to political affiliation. No person 87.26 may serve as ombudsman while holding any other public office. 87.27 The ombudsman is directly accountable to the governor. The 87.28 commissionerombudsman shall have the authority under sections87.29 611A.72 to 611A.74to investigate decisions, acts, and other 87.30 matters of the criminal justice system so as to promote the 87.31 highest attainable standards of competence, efficiency, and 87.32 justice for crime victims in the criminal justice system. 87.33 Subd. 1a. [ORGANIZATION OF OFFICE.] The ombudsman may 87.34 appoint employees necessary to discharge responsibilities of the 87.35 office. The ombudsman may delegate to staff members any of the 87.36 ombudsman's authority or duties except the duties of formally 88.1 making recommendations to appropriate authorities and reports to 88.2 the office of the governor or to the legislature. 88.3 Subd. 2. [DUTIES.] The commissionerombudsman may 88.4 investigate complaints concerning possible violation of the 88.5 rights of crime victims or witnesses provided under this 88.6 chapter, the delivery of victim services by victim assistance 88.7 programs, the administration of the crime victims reparations 88.8 act, and other complaints of mistreatment by elements of the 88.9 criminal justice system or victim assistance programs. 88.10 The commissionerombudsman shall act as a liaison, when 88.11 the commissionerombudsman deems necessary, between agencies, 88.12 either in the criminal justice system or in victim assistance 88.13 programs, and victims and witnesses. The commissionerombudsman 88.14 may be concerned with activities that strengthen procedures and 88.15 practices which lessen the risk that objectionable 88.16 administrative acts will occur. The commissionerombudsman must 88.17 be made available through the use of a toll-free telephone 88.18 number and shall answer questions concerning the criminal 88.19 justice system and victim services put to the commissioner88.20 ombudsman by victims and witnesses in accordance with 88.21 the commissioner'sombudsman's knowledge of the facts or law, 88.22 unless the information is otherwise restricted. The 88.23 commissionerombudsman shall establish a procedure for referral 88.24 to the crime victim crisis centers, the crime victims 88.25 reparations board, and other victim assistance programs when 88.26 services are requested by crime victims or deemed necessary by 88.27 the commissionerombudsman. 88.28 The commissioner'sombudsman's files are confidential data 88.29 as defined in section 13.02, subdivision 3, during the course of 88.30 an investigation or while the files are active. Upon completion 88.31 of the investigation or when the files are placed on inactive 88.32 status, they are private data on individuals as defined in 88.33 section 13.02, subdivision 12. 88.34 Subd. 3. [POWERS.] The commissionerombudsman has those 88.35 powers necessary to carry out the duties set out in subdivision 88.36 2, including: 89.1 (a) The commissionerombudsman may investigate, with or 89.2 without a complaint, any action of an element of the criminal 89.3 justice system or a victim assistance program included in 89.4 subdivision 2. 89.5 (b) The commissionerombudsman may request and shall be 89.6 given access to information and assistance the commissioner89.7 ombudsman considers necessary for the discharge of 89.8 responsibilities. The commissionerombudsman may inspect, 89.9 examine, and be provided copies of records and documents of all 89.10 elements of the criminal justice system and victim assistance 89.11 programs. The commissionerombudsman may request and shall be 89.12 given access to police reports pertaining to juveniles and 89.13 juvenile delinquency petitions, notwithstanding section 260B.171 89.14 or 260C.171. Any information received by the 89.15 commissionerombudsman retains its data classification under 89.16 chapter 13 while in the commissioner'sombudsman's possession. 89.17 Juvenile records obtained under this subdivision may not be 89.18 released to any person. 89.19 (c) The commissionerombudsman may prescribe the methods by 89.20 which complaints are to be made, received, and acted upon; may 89.21 determine the scope and manner of investigations to be made; and 89.22 subject to the requirements of sections 611A.72 to 611A.74, may 89.23 determine the form, frequency, and distribution of commissioner89.24 ombudsman conclusions, recommendations, and proposals. 89.25 (d) After completing investigation of a complaint, the 89.26 commissionerombudsman shall inform in writing the complainant, 89.27 the investigated person or entity, and other appropriate 89.28 authorities of the action taken. If the complaint involved the 89.29 conduct of an element of the criminal justice system in relation 89.30 to a criminal or civil proceeding, the commissioner's89.31 ombudsman's findings shall be forwarded to the court in which 89.32 the proceeding occurred. 89.33 (e) Before announcing a conclusion or recommendation that 89.34 expressly or impliedly criticizes an administrative agency or 89.35 any person, the commissionerombudsman shall consult with that 89.36 agency or person. 90.1 Subd. 4. [NO COMPELLED TESTIMONY.] Neither the 90.2 commissionerombudsman nor any member of the commissioner's90.3 ombudsman's staff may be compelled to testify or produce 90.4 evidence in any judicial or administrative proceeding with 90.5 respect to matters involving the exercise of official 90.6 duties under sections 611A.72 to 611A.74except as may be 90.7 necessary to enforce the provisions of this section. 90.8 Subd. 5. [RECOMMENDATIONS.] (a) On finding a complaint 90.9 valid after duly considering the complaint and whatever material 90.10 the commissionerombudsman deems pertinent, the commissioner90.11 ombudsman may recommend action to the appropriate authority. 90.12 (b) If the commissionerombudsman makes a recommendation to 90.13 an appropriate authority for action, the authority shall, within 90.14 a reasonable time period, but not more than 30 days, inform the 90.15 commissionerombudsman about the action taken or the reasons for 90.16 not complying with the recommendation. 90.17 (c) The commissionerombudsman may publish conclusions and 90.18 suggestions by transmitting them to the governor, the 90.19 legislature or any of its committees, the press, and others who 90.20 may be concerned. When publishing an opinion adverse to an 90.21 administrative agency, the commissionerombudsman shall include 90.22 any statement the administrative agency may have made to the 90.23 commissionerombudsman by way of explaining its past 90.24 difficulties or its present rejection of the commissioner's90.25 ombudsman's proposals. 90.26 Subd. 6. [REPORTS.] In addition to whatever reports 90.27 the commissionerombudsman may make from time to time, the 90.28 commissionerombudsman shall biennially report to the 90.29 legislature and to the governor concerning the exercise of the90.30 commissioner'sombudsman functions under sections 611A.72 to90.31 611A.74during the preceding biennium. The biennial report is 90.32 due on or before the beginning of the legislative session 90.33 following the end of the biennium. 90.34 [EFFECTIVE DATE.] This section is effective July 1, 2003. 90.35 Sec. 19. Minnesota Statutes 2002, section 624.22, 90.36 subdivision 1, is amended to read: 91.1 Subdivision 1. [GENERAL REQUIREMENTS; PERMIT; 91.2 INVESTIGATION; FEE.] (a) Sections 624.20 to 624.25 do not 91.3 prohibit the supervised display of fireworks by a statutory or 91.4 home rule charter city, fair association, amusement park, or 91.5 other organization, except that: 91.6 (1) a fireworks display may be conducted only when 91.7 supervised by an operator certified by the state fire marshal; 91.8 and 91.9 (2) a fireworks display must either be given by a 91.10 municipality or fair association within its own limits, or by 91.11 any other organization, whether public or private, only after a 91.12 permit for the display has first been secured. 91.13 (b) An application for a permit for an outdoor fireworks 91.14 display must be made in writing to the municipal clerk at least 91.15 15 days in advance of the date of the display and must list the 91.16 name of an operator who is certified by the state fire marshal 91.17 and will supervise the display. The application must be 91.18 promptly referred to the chief of the fire department, who shall 91.19 make an investigation to determine whether the operator of the 91.20 display is competent and is certified by the state fire marshal, 91.21 and whether the display is of such a character and is to be so 91.22 located, discharged, or fired that it will not be hazardous to 91.23 property or endanger any person. The fire chief shall report 91.24 the results of this investigation to the clerk. If the fire 91.25 chief reports that the operator is certified, that in the 91.26 chief's opinion the operator is competent, and that the 91.27 fireworks display as planned will conform to the safety 91.28 guidelines of the state fire marshal provided for in 91.29 paragraph (e)(f), the clerk shall issue a permit for the 91.30 display when the applicant pays a permit fee. 91.31 (c) When the supervised outdoor fireworks display for which 91.32 a permit is sought is to be held outside the limits of an 91.33 incorporated municipality, the application must be made to the 91.34 county auditor, and the auditor shall perform duties imposed by 91.35 sections 624.20 to 624.25 upon the clerk of the municipality. 91.36 When an application is made to the auditor, the county sheriff 92.1 shall perform the duties imposed on the fire chief of the 92.2 municipality by sections 624.20 to 624.25. 92.3 (d) An application for an indoor fireworks display permit 92.4 must be made in writing to the state fire marshal by the 92.5 operator of the facility in which the display is to occur at 92.6 least 15 days in advance of the date of any performance, show, 92.7 or event which will include the discharge of fireworks inside a 92.8 building or structure. The application must list the name of an 92.9 operator who is certified by the state fire marshal and will 92.10 supervise the display. The state fire marshal shall make an 92.11 investigation to determine whether the operator of the display 92.12 is competent and is properly certified and whether the display 92.13 is of such a character and is to be so located, discharged, or 92.14 fired that it will not be hazardous to property or endanger any 92.15 person. If the state fire marshal determines that the operator 92.16 is certified and competent, that the indoor fireworks display as 92.17 planned will conform to the safety guidelines provided for in 92.18 paragraph (f), and that adequate notice will be given to inform 92.19 patrons of the indoor fireworks display, the state fire marshal 92.20 shall issue a permit for the display when the applicant pays an 92.21 indoor fireworks fee of $150 and reimburses the fire marshal for 92.22 costs of inspection. Receipts from the indoor fireworks fee and 92.23 inspection reimbursements must be deposited in the general fund 92.24 as a nondedicated receipt. The state fire marshal may issue a 92.25 single permit for multiple indoor fireworks displays when all of 92.26 the displays are to take place at the same venue as part of a 92.27 series of performances by the same performer or group of 92.28 performers. A copy of the application must be promptly conveyed 92.29 to the chief of the local fire department, who shall make 92.30 appropriate preparations to ensure public safety in the vicinity 92.31 of the display. The operator of a facility where an indoor 92.32 fireworks display occurs must provide notice in a prominent 92.33 place as approved by the state fire marshal to inform patrons 92.34 attending a performance when indoor fireworks will be part of 92.35 that performance. The state fire marshal may grant a local fire 92.36 chief the authority to issue permits for indoor fireworks 93.1 displays. Before issuing a permit, a local fire chief must make 93.2 the determinations required in this paragraph. 93.3 (e) After a permit has been granted under either paragraph 93.4 (b) or (d), sales, possession, use and distribution of fireworks 93.5 for a display are lawful for that purpose only. A permit is not 93.6 transferable. 93.7 (e)(f) The state fire marshal shall adopt and disseminate 93.8 to political subdivisions rules establishing guidelines on 93.9 fireworks display safety that are consistent with sections 93.10 624.20 to 624.25 and the most recent editions of the Minnesota 93.11 Uniform Fire Code and the National Fire Protection Association 93.12 Standards, to insure that fireworks displays are given safely. 93.13 In the guidelines, the state fire marshal shall allow political 93.14 subdivisions to exempt the use of relatively safe fireworks for 93.15 theatrical special effects, ceremonial occasions, and other 93.16 limited purposes, as determined by the state fire marshal. 93.17 [EFFECTIVE DATE.] This section is effective the day 93.18 following final enactment. 93.19 Sec. 20. [PILOT PROJECT FOR ENHANCED COMMUNITY POLICING.] 93.20 Subdivision 1. [PILOT PROJECT ESTABLISHED.] The Minnesota 93.21 alternative policing strategies (MAPS) program is hereby 93.22 established for the purpose of enhancing community policing 93.23 efforts throughout the state of Minnesota. 93.24 Subd. 2. [GRANT PROGRAM.] The commissioner of public 93.25 safety shall make grants to up to six law enforcement agencies, 93.26 consisting of no more than two urban, two suburban, and two 93.27 rural law enforcement agencies, based upon applications 93.28 submitted by law enforcement agencies explaining how they will 93.29 use the grants for enhanced community policing initiatives. 93.30 Subd. 3. [ELIGIBILITY FOR GRANT PROGRAM.] (a) To be 93.31 eligible for a grant under this program, the law enforcement 93.32 agency must be located in an area with a high crime rate and 93.33 gang, drug, or prostitution activity. The agency also must: 93.34 (1) provide a detailed plan for how the agency will use the 93.35 grant to promote education and awareness in the community about 93.36 law enforcement's activities, including providing education and 94.1 training for both peace officers and the community on community 94.2 policing initiatives; 94.3 (2) agree to use a portion of the funding to hire 94.4 additional peace officers; 94.5 (3) agree to assign designated peace officers for a period 94.6 of at least one year to work exclusively in the area where the 94.7 enhanced community policing efforts will take place; 94.8 (4) provide a plan for holding community meetings at least 94.9 monthly with law enforcement, including the designated peace 94.10 officers, prosecuting authorities, judges with jurisdiction in 94.11 the area, and community members to further law enforcement 94.12 outreach efforts; and 94.13 (5) agree to implement a system in which the designated 94.14 peace officers will be responsible for as many emergency 911 94.15 calls in their area as reasonably possible, while relieving 94.16 these officers from responsibility for answering emergency 911 94.17 calls in other areas absent extremely urgent circumstances. 94.18 (b) A law enforcement agency receiving funding under 94.19 Minnesota Statutes, section 299A.62, the community-oriented 94.20 policing (COPS) program, is eligible to compete for a grant 94.21 under this section. 94.22 Subd. 4. [REPORTS.] (a) Each law enforcement agency 94.23 receiving a grant under this section shall provide a written 94.24 report to the commissioner of public safety describing how the 94.25 grant was used and evaluating the effectiveness of the enhanced 94.26 community policing provided under this grant. Each agency shall 94.27 provide its report by September 30, 2004. 94.28 (b) The commissioner of public safety shall report to the 94.29 chairs and ranking minority leaders of the house and senate 94.30 committees with jurisdiction over criminal justice policy and 94.31 funding on distribution of grants under this section. This 94.32 report also shall summarize the information provided by law 94.33 enforcement agencies under paragraph (a). This report shall be 94.34 provided by December 15, 2004. 94.35 Subd. 5. [ROLE OF DEPARTMENT.] The commissioner shall 94.36 assist applicants seeking federal community oriented policing 95.1 services (COPS) grants under this section. This assistance 95.2 shall include, but is not limited to, pursuing a waiver of the 95.3 local match requirement. 95.4 Sec. 21. [REPEALER.] 95.5 Minnesota Statutes 2002, section 123B.73, is repealed. 95.6 ARTICLE 5 95.7 ECONOMIC DEVELOPMENT APPROPRIATIONS 95.8 Section 1. [ECONOMIC DEVELOPMENT; APPROPRIATIONS.] 95.9 The sums shown in the columns marked "APPROPRIATIONS" are 95.10 appropriated from the general fund, or another named fund, to 95.11 the agencies and for the purposes specified in this act, to be 95.12 available for the fiscal years indicated for each purpose. The 95.13 figures "2004" and "2005," where used in this act, mean that the 95.14 appropriation or appropriations listed under them are available 95.15 for the year ending June 30, 2004, or June 30, 2005, 95.16 respectively. The term "first year" means the fiscal year 95.17 ending June 30, 2004, and the term "second year" means the 95.18 fiscal year ending June 30, 2005. 95.19 SUMMARY BY FUND 95.20 2004 2005 TOTAL 95.21 General $ 31,237,000 $ 30,509,000 $ 61,746,000 95.22 Petroleum Tank 95.23 Cleanup 1,084,000 1,084,000 2,168,000 95.24 Workers' 95.25 Compensation 835,000 835,000 1,670,000 95.26 TOTAL $ 33,156,000 $ 32,428,000 $ 65,584,000 95.27 APPROPRIATIONS 95.28 Available for the Year 95.29 Ending June 30 95.30 2004 2005 95.31 Sec. 2. COMMERCE 95.32 Subdivision 1. Total 95.33 Appropriation $ 26,353,000 $ 25,625,000 95.34 Summary by Fund 95.35 General 24,434,000 23,706,000 95.36 Petroleum 95.37 Cleanup 1,084,000 1,084,000 95.38 Workers' 95.39 Compensation 835,000 835,000 95.40 The amounts that may be spent from this 96.1 appropriation for each program are 96.2 specified in the following subdivisions. 96.3 Subd. 2. Financial 96.4 Examinations 96.5 5,997,000 5,994,000 96.6 Subd. 3. Petroleum Tank Release 96.7 Cleanup Board 96.8 1,084,000 1,084,000 96.9 This appropriation is from the 96.10 petroleum tank release cleanup fund. 96.11 Subd. 4. Administrative Services 96.12 5,518,000 5,518,000 96.13 The commissioner of commerce, after 96.14 July 1, 2003, and before June 30, 2005, 96.15 shall sell the unclaimed property 96.16 identified by the legislative auditor 96.17 in Finding 1 of the auditor's 96.18 management letter dated March 20, 96.19 2003. To the degree this property has 96.20 not been held for the three-year period 96.21 required by law prior to sale, that 96.22 three-year requirement is waived as to 96.23 this property, and the commissioner 96.24 shall sell the property. 96.25 Subd. 5. Market Assurance 96.26 6,622,000 5,897,000 96.27 Summary by Fund 96.28 General 5,787,000 5,062,000 96.29 Workers' Compensation 835,000 835,000 96.30 Subd. 6. Energy and 96.31 Telecommunications 96.32 3,941,000 3,941,000 96.33 After July 1, 2003, but before 96.34 September 30, 2003, the commissioner of 96.35 finance shall transfer $2,500,000 of 96.36 the unexpended balance in the 96.37 contractor's recovery fund established 96.38 under Minnesota Statutes, section 96.39 326.975, subdivision 1, to the general 96.40 fund. 96.41 Subd. 7. Weights and 96.42 Measurement 96.43 3,191,000 3,191,000 96.44 $600,000 the first year and $600,000 96.45 the second year are for petroleum 96.46 product quality inspection expenses, 96.47 for the inspection and testing of 96.48 petroleum product measuring equipment, 96.49 and for petroleum supply monitoring. 96.50 $85,000 the first year and $84,000 the 96.51 second year are for liquid petroleum 97.1 gas measuring equipment inspections. 97.2 The fees proposed in the 2004-2005 97.3 biennial budget for the weights and 97.4 measurement division are approved. 97.5 Sec. 3. BOARD OF ACCOUNTANCY 577,000 577,000 97.6 Sec. 4. BOARD OF ARCHITECTURE, 97.7 ENGINEERING, LAND SURVEYING, 97.8 LANDSCAPE ARCHITECTURE, 97.9 GEOSCIENCE, AND INTERIOR 97.10 DESIGN 785,000 785,000 97.11 Sec. 5. BOARD OF BARBER 97.12 EXAMINERS 172,000 172,000 97.13 $45,000 the first year and $45,000 the 97.14 second year are for technology 97.15 upgrades, including development of a 97.16 Web site, database, and document 97.17 management system. The board must work 97.18 with the office of technology in the 97.19 development and implementation. This 97.20 is a onetime appropriation and does not 97.21 become part of the base. 97.22 Sec. 6. PUBLIC UTILITIES 97.23 COMMISSION 3,747,000 3,747,000 97.24 The public utilities commission must 97.25 continue to assess and collect fees in 97.26 the amount of $4,464,000 in fiscal year 97.27 2004 and $4,476,000 in fiscal year 2005 97.28 and beyond. These amounts must be 97.29 deposited in the general fund as 97.30 nondedicated receipts. 97.31 Sec. 7. COUNCIL ON BLACK 97.32 MINNESOTANS 334,000 334,000 97.33 Sec. 8. COUNCIL ON 97.34 CHICANO-LATINO AFFAIRS 327,000 327,000 97.35 Sec. 9. COUNCIL ON 97.36 ASIAN-PACIFIC MINNESOTANS 289,000 289,000 97.37 Sec. 10. INDIAN AFFAIRS 97.38 COUNCIL 572,000 572,000 97.39 ARTICLE 6 97.40 DEPARTMENT OF COMMERCE AND BOARD OF BARBER EXAMINERS 97.41 POLICY PROVISIONS 97.42 Section 1. Minnesota Statutes 2002, section 154.18, is 97.43 amended to read: 97.44 154.18 [FEES.] 97.45 Subdivision 1. [COLLECTION; DEPOSIT.] The fees collected, 97.46 as required in this chapter, chapter 214, and the rules of the 97.47 board, shall be paid in advance to the executive secretary of 97.48 the board. The executive secretary shall deposit the fees in 97.49 the state treasury, to be disbursed by the executive secretary98.1 on the order of the chair in payment of expenses lawfully98.2 incurred by the boardgeneral fund. 98.3 Subd. 2. [FEE SCHEDULE.] The board shall charge the 98.4 following fees: 98.5 (1) examination and certificate, registered barber, $65; 98.6 (2) examination and certificate, apprentice, $60; 98.7 (3) examination, instructor, $160; 98.8 (4) certificate, instructor, $45; 98.9 (5) temporary teacher or apprentice permit, $50; 98.10 (6) renewal of license, registered barber, $50; 98.11 (7) renewal of license, apprentice, $45; 98.12 (8) renewal of license, instructor, $60; 98.13 (9) renewal of temporary teacher permit, $35; 98.14 (10) student permit, $25; 98.15 (11) initial shop registration, $60; 98.16 (12) initial school registration, $1,010; 98.17 (13) renewal shop registration, $60; 98.18 (14) renewal school registration, $260; 98.19 (15) restoration of registered barber license, $75; 98.20 (16) restoration of apprentice license, $70; 98.21 (17) restoration of shop registration, $85; 98.22 (18) change of ownership or location, $35; 98.23 (19) duplicate license, $20; and 98.24 (20) home study course, $75. 98.25 This subdivision expires June 30, 2005, and fees then 98.26 revert to the level set by rule. 98.27 Sec. 2. Minnesota Statutes 2002, section 239.101, 98.28 subdivision 3, is amended to read: 98.29 Subd. 3. [PETROLEUM INSPECTION FEE.] (a) An inspection fee 98.30 is imposed (1) on petroleum products when received by the first 98.31 licensed distributor, and (2) on petroleum products received and 98.32 held for sale or use by any person when the petroleum products 98.33 have not previously been received by a licensed distributor. 98.34 The petroleum inspection fee is 85 cents$1 for every 1,000 98.35 gallons received. The commissioner of revenue shall collect the 98.36 fee. The revenue from the fee must first be applied to cover 99.1 the amounts appropriated for petroleum product quality 99.2 inspection expenses, for the inspection and testing of petroleum 99.3 product measuring equipment, and for petroleum supply monitoring 99.4 under chapter 216C. These functions shall be performed by 99.5 departmental staff. 99.6 (b) The commissioner of revenue shall credit a person for 99.7 inspection fees previously paid in error or for any material 99.8 exported or sold for export from the state upon filing of a 99.9 report as prescribed by the commissioner of revenue. 99.10 (c) The commissioner of revenue may collect the inspection 99.11 fee along with any taxes due under chapter 296A. 99.12 Sec. 3. Minnesota Statutes 2002, section 239.101, is 99.13 amended by adding a subdivision to read: 99.14 Subd. 3a. [LIQUIFIED PETROLEUM FEE.] The inspection fee 99.15 for a liquified petroleum gas meter or stationary dispenser of 99.16 liquified petroleum gas is $150.