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Minnesota Legislature

Office of the Revisor of Statutes

SF 1524

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

  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 18 nine 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 legislative 
 12.40  coordinating commission speaker.  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 reserves costs 
 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 be 
 13.7   transferred by the director to the Minnesota postretirement 
 13.8   investment fund as of the last business day of the month in 
 13.9   which the retirement allowance begins to accrue in accord with 
 13.10  section 11A.18.  The amount of the transfer shall be determined 
 13.11  by or determined under a procedure specified by the actuary 
 13.12  retained by the legislative commission on pensions and 
 13.13  retirement, in accord with the appropriate mortality table 
 13.14  adopted by the board of directors of the Minnesota state 
 13.15  retirement system based on the experience of the plan as 
 13.16  recommended by the commission-retained actuary and the interest 
 13.17  rate assumption specified in section 356.215, subdivision 8 for 
 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 LATE FEES 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 political 
 16.2   subdivision government 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 political 
 16.9   subdivision government 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, statewide 
 16.25  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 subdivision the 
 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, statewide 
 17.3   system, government entity or political subdivision body 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 subdivision 
 17.18  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 service 
 22.20  contracts and the total cost of those professional and technical 
 22.21  service contracts for the prior biennium and the 
 22.22  projected number of professional or technical service contracts 
 22.23  and the projected costs 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 or 
 22.27  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 ten 
 23.34  payments or $10,000 per year must to supply the commissioner 
 23.35  with their 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.  Money Fifty 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 a 
 27.36  delegate as to form and execution; 
 28.1      (4) the accounting system shows an obligation in an expense 
 28.2   budget or encumbrance for the amount of the contract liability; 
 28.3   and. 
 28.4      (5) (b) The combined contract and amendments shall must 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 the 
 29.20  commissioner that provide 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 the 
 30.1   services will be original in character; 
 30.2      (4) reasonable efforts were will be made to publicize the 
 30.3   availability of the contract to the public; 
 30.4      (5) the agency has received, reviewed, and accepted a 
 30.5   detailed work plan from the contractor for performance under the 
 30.6   contract, if applicable; 
 30.7      (6) (4) the agency has developed, will develop and fully 
 30.8   intends to implement, 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; and 
 30.14     (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 employment 
 31.8   relationship between the state or the agency and any persons 
 31.9   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 for 
 31.13  the performance of tasks which would be substantially duplicated 
 31.14  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 to 
 32.17  enable the agency to provide its services or products better or 
 32.18  more efficiently be 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 the 
 33.23  enterprise use 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, excluding 
 33.26  subdivisions 7 and 13; 270.70, excluding subdivision 14; 
 33.27  270.7001 to 270.72;, and 290.92, subdivision 23, except that a 
 33.28  continuous wage levy under section 290.92, subdivision 23, is 
 33.29  only effective for 70 days, unless no competing wage 
 33.30  garnishments, executions, or levies are served within the 70-day 
 33.31  period, in which case a wage levy is continuous until a 
 33.32  competing garnishment, execution, or levy is served in the 
 33.33  second or a succeeding 70-day period, in which case a continuous 
 33.34  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, or 
 34.18  student loans, before any of the tax collection remedies listed 
 34.19  in this subdivision can be used, except for the remedies in 
 34.20  section 270.06, clauses (7) and (17), if the referring agency 
 34.21  has not already obtained a judgment or filed a lien, the 
 34.22  commissioner must first obtain a judgment against the debtor.  
 34.23  For student loans when the referring agency has not obtained a 
 34.24  judgment or filed a lien, Before using the tax collection 
 34.25  remedies listed in this subdivision, except for the remedies in 
 34.26  section 270.06, clauses (7) and (17), the commissioner shall 
 34.27  give the debtor 30 days' notice in writing, which may be served 
 34.28  in any manner permitted in section 270.68 for service of a 
 34.29  summons and complaint.  The notice must advise the debtor of the 
 34.30  debtor's right to request that the commissioner commence a court 
 34.31  action, and that if no such request is made within 30 days after 
 34.32  service of the notice, the commissioner may use these tax 
 34.33  collection remedies.  If a timely request is made, the 
 34.34  commissioner shall obtain a judgment before using these tax 
 34.35  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 other 
 37.19  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 veterans 
 39.14  affairs shall 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 to 
 39.30  enhance the functioning of the county veterans service office in 
 39.31  accordance with the program rules; and 
 39.32     (3) apply for the grant according to procedures to be 
 39.33  established for this program by the commissioner and receive 
 39.34  written approval from the commissioner for the grant in advance 
 39.35  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 APPLICATION PROCESS.] (a) A grant 
 40.10  application must be submitted to the department of veterans 
 40.11  affairs according to procedures to be established by the 
 40.12  commissioner.  The grant application must include a specific 
 40.13  description of the plan for enhancing the operation of the 
 40.14  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 application only if it meets the criteria 
 40.21  for eligibility as established and announced by the commissioner 
 40.22  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.  The 
 40.24  commissioner may request modification of a plan.  If the 
 40.25  commissioner rejects a grant application, written reasons for 
 40.26  the rejection must be provided to the applicant county and the 
 40.27  county may modify the application and resubmit it. 
 40.28     Subd. 5.  [QUALIFYING USES.] The commissioner of veterans 
 40.29  affairs shall determine whether the plan specified in the grant 
 40.30  application will enable the applicant county to enhance the 
 40.31  effectiveness of its county veterans office. 
 40.32     Notwithstanding subdivision 3, clause (1), a county may 
 40.33  apply for and use a grant for the training and education 
 40.34  required by the commissioner for a newly employed county 
 40.35  veterans service officer's certificate, or for the continuing 
 40.36  education of other staff consult 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 be 
 41.7   expended on the plan for enhancing the effectiveness of the 
 41.8   county veterans service office; or 
 41.9      (2) the county's share of the total funds available under 
 41.10  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 share 
 41.15  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 share 
 41.18  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 the 
 41.22  four veteran population categories (i) to (iv) may be awarded 
 41.23  grants.  Grants shall be awarded on a first-come first-served 
 41.24  basis to counties submitting applications which meet the 
 41.25  commissioner's criteria as established in the rules.  Any county 
 41.26  not receiving a grant in any given year shall receive priority 
 41.27  consideration for a grant the following year.  
 41.28     In any year, after a period of time to be determined by the 
 41.29  commissioner, any amounts remaining from undistributed county 
 41.30  grant shares may be reallocated to the other counties which have 
 41.31  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; and 
 42.21     (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 is 
 43.4   actually conducted, and $50 $100 for each day on which 
 43.5   simulcasting is authorized and actually takes place, plus 
 43.6   $10,000 per year if the class B license includes authorization 
 43.7   to operate a card club must 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 and class 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 the 
 43.17  commission to the state treasurer for deposit in the general 
 43.18  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 other 
 43.33  revenues Taxes 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 assistant veterinarians, 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 shall may:  
 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   shall may 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, paragraph paragraphs (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 for 
 47.19  courses, examinations or materials, the proceeds of which shall 
 47.20  be used to finance the activities and operation of the 
 47.21  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 mail transmit 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 shall must transfer 70 percent of all 
 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 unclaimed 
 51.5   prize money must be added by the director to prize pools of 
 51.6   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 administration public 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 of 
 52.1   administration commissioner shall coordinate the maintenance of 
 52.2   911 systems.  The department commissioner 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   department commissioner shall establish procedures for 
 52.6   determining and evaluating requests for variations from the 
 52.7   established design standards.  The department commissioner 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 department commissioner shall prepare a biennial 
 52.14  budget for maintaining the 911 system.  By December 15 of each 
 52.15  year, the department commissioner shall prepare an annual 
 52.16  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 department commissioner.  The department 
 52.20  commissioner is authorized to expend funds money that have has 
 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 department 
 52.26  of administration commissioner 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 of 
 52.33  administration commissioner 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 of 
 53.11  administration commissioner 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 administration commissioner 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 administration commissioner 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 administration commissioner 
 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 administration if 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 shall 
 54.18  transfer an amount equal to two cents a month from The fee 
 54.19  assessed under this section on wireless telecommunications 
 54.20  services to the commissioner of public safety must 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 of 
 54.29  administration to 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 department commissioner.
 55.1      (c) The fee may not be less than eight cents nor more than 
 55.2   33 52 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   administration public 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 of 
 55.12  administration shall provide a minimum of 35 days' notice of 
 55.13  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 of 
 55.36  administration for 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 administration shall 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 administration no 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 administration according to this section 
 56.23  for a period of 90 days after January 1, 2003.  During this 
 56.24  period, the commissioner of administration shall 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 department commissioner 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 administration 
 57.2   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 administration commissioner 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 administration commissioner 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 of 
 60.9   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 for providing 
 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; or 
 61.3      (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 30 55 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 DEPARTMENT APPROPRIATION; 
 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 administration public safety 
 62.31  from the 911 emergency telephone telecommunications 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 5.5 13 
 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 administration public safety no later than 
 63.25  December 15 of each year.  The commissioner of administration 
 63.26  shall include all eligible costs approved by the radio board for 
 63.27  the regionwide public safety communication system in its the 
 63.28  commissioner's request for legislative appropriations from the 
 63.29  911 emergency telephone telecommunications service fee account.  
 63.30  All eligible costs approved by the radio board shall be included 
 63.31  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 of 
 63.34  administration shall 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; and 
 65.13     (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 cities city 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 apprehension may charge a fee for 
 78.14  Internet access to public criminal history data provided through 
 78.15  August 1, 2003 2005.  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 should must 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 should must notify the applicant 
 79.1   that when a background check using this Web site may be has been 
 79.2   conducted.  This paragraph does not create a civil cause of 
 79.3   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 paragraph 
 80.35  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 Code Minnesota 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 special 
 85.17  revenue fund.  This account is available for appropriation to 
 85.18  the commissioner of public safety for grants to law enforcement 
 85.19  agencies and for other purposes authorized by the 
 85.20  legislature the 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 less 
 85.30  than $2,000 and $35 where the amount demanded is $2,000 or more 
 85.31  $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 Oversight Ombudsman 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 sections 
 87.7   611A.72 to 611A.74 to the commissioner ombudsman 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.72 
 87.10  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.  [COMMISSIONER OMBUDSMAN.] "Commissioner" 
 87.15  "Ombudsman" means the commissioner of public safety crime 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 ACT CREATION.] 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  commissioner ombudsman shall have the authority under sections 
 87.29  611A.72 to 611A.74 to 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 commissioner ombudsman 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 commissioner ombudsman shall act as a liaison, when 
 88.11  the commissioner ombudsman deems necessary, between agencies, 
 88.12  either in the criminal justice system or in victim assistance 
 88.13  programs, and victims and witnesses.  The commissioner ombudsman 
 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 commissioner ombudsman 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 commissioner 
 88.20  ombudsman by victims and witnesses in accordance with 
 88.21  the commissioner's ombudsman's knowledge of the facts or law, 
 88.22  unless the information is otherwise restricted.  The 
 88.23  commissioner ombudsman 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 commissioner ombudsman.  
 88.28     The commissioner's ombudsman'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 commissioner ombudsman has those 
 88.35  powers necessary to carry out the duties set out in subdivision 
 88.36  2, including:  
 89.1      (a) The commissioner ombudsman 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 commissioner ombudsman may request and shall be 
 89.6   given access to information and assistance the commissioner 
 89.7   ombudsman considers necessary for the discharge of 
 89.8   responsibilities.  The commissioner ombudsman 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 commissioner ombudsman 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  commissioner ombudsman retains its data classification under 
 89.16  chapter 13 while in the commissioner's ombudsman's possession.  
 89.17  Juvenile records obtained under this subdivision may not be 
 89.18  released to any person. 
 89.19     (c) The commissioner ombudsman 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 commissioner 
 89.24  ombudsman conclusions, recommendations, and proposals.  
 89.25     (d) After completing investigation of a complaint, the 
 89.26  commissioner ombudsman 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's 
 89.31  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 commissioner ombudsman shall consult with that 
 89.36  agency or person.  
 90.1      Subd. 4.  [NO COMPELLED TESTIMONY.] Neither the 
 90.2   commissioner ombudsman nor any member of the commissioner's 
 90.3   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.74 except 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 commissioner ombudsman deems pertinent, the commissioner 
 90.11  ombudsman may recommend action to the appropriate authority.  
 90.12     (b) If the commissioner ombudsman 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  commissioner ombudsman about the action taken or the reasons for 
 90.16  not complying with the recommendation.  
 90.17     (c) The commissioner ombudsman 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 commissioner ombudsman shall include 
 90.22  any statement the administrative agency may have made to the 
 90.23  commissioner ombudsman by way of explaining its past 
 90.24  difficulties or its present rejection of the commissioner's 
 90.25  ombudsman's proposals.  
 90.26     Subd. 6.  [REPORTS.] In addition to whatever reports 
 90.27  the commissioner ombudsman may make from time to time, the 
 90.28  commissioner ombudsman shall biennially report to the 
 90.29  legislature and to the governor concerning the exercise of the 
 90.30  commissioner's ombudsman functions under sections 611A.72 to 
 90.31  611A.74 during 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 secretary 
 98.1   on the order of the chair in payment of expenses lawfully 
 98.2   incurred by the board general 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.