3rd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to the organization and operation of state 1.3 government; appropriating money for the general 1.4 legislative and administrative expenses of state 1.5 government with certain conditions; modifying 1.6 provisions relating to state government operations; 1.7 amending Minnesota Statutes 1998, sections 3.17; 1.8 3C.12, subdivision 2; 8.15, subdivisions 1, 2, and 3; 1.9 12.31, subdivision 2; 12.37; 13.03, subdivision 2; 1.10 13.05, by adding a subdivision; 13.073, by adding a 1.11 subdivision; 14.131; 14.23; 15.50, subdivision 2; 1.12 16A.102, subdivision 1; 16A.11, by adding a 1.13 subdivision; 16A.129, subdivision 3; 16A.45, 1.14 subdivision 1; 16A.85, subdivision 1; 16B.03; 16B.104; 1.15 16B.24, subdivision 5; 16B.31, subdivision 2; 16B.32, 1.16 subdivision 2; 16B.415; 16B.42, subdivision 1; 16B.46; 1.17 16B.465; 16B.72; 16B.73; 16B.748; 16C.14, subdivision 1.18 1; 16D.04, subdivision 2; 16E.01, subdivision 1; 1.19 16E.02; 16E.08; 18.54; 21.92; 43A.047; 43A.22; 43A.23, 1.20 subdivisions 1 and 2; 43A.30, by adding a subdivision; 1.21 43A.31, subdivision 2, and by adding a subdivision; 1.22 60A.964, subdivision 1; 60A.972, subdivision 3; 1.23 97B.025; 103G.301, subdivision 2; 103I.525, 1.24 subdivision 9; 103I.531, subdivision 9; 103I.535, 1.25 subdivision 9; 103I.541, subdivision 5; 115B.49, 1.26 subdivisions 2 and 4; 115B.491, subdivisions 2 and 3; 1.27 116.07, subdivision 4d; 116.12; 116C.834, subdivision 1.28 1; 138.17, subdivisions 7 and 8; 144.98, subdivision 1.29 3; 176.102, subdivision 14; 183.375, subdivision 5; 1.30 192.49, subdivision 3; 197.79, subdivision 10; 1.31 202A.18, by adding a subdivision; 202A.20, subdivision 1.32 2; 204B.25, subdivision 2, and by adding a 1.33 subdivision; 204B.27, by adding a subdivision; 1.34 204B.28, subdivision 1; 223.17, subdivision 3; 1.35 239.101, subdivision 4; 240A.09; 297F.08, by adding a 1.36 subdivision; 299M.04; 325K.03, by adding a 1.37 subdivision; 325K.04; 325K.05, subdivision 1; 325K.09, 1.38 by adding a subdivision; 325K.10, subdivision 5; 1.39 325K.14, by adding a subdivision; 325K.15, by adding a 1.40 subdivision; 326.50; 326.86, subdivision 1; and 1.41 349.163, subdivision 4; Laws 1993, chapter 192, 1.42 section 16; Laws 1994, chapter 643, section 69, 1.43 subdivision 1; Laws 1995, First Special Session 1.44 chapter 3, article 12, section 7, subdivision 1, as 1.45 amended; section 10; Laws 1997, chapter 202, article 1.46 2, section 61; and Laws 1998, chapter 366, section 2; 2.1 proposing coding for new law in Minnesota Statutes, 2.2 chapters 16A; 16B; 16C; 43A; 240A; and 325F; proposing 2.3 coding for new law as Minnesota Statutes, chapter 2.4 604B; repealing Minnesota Statutes 1998, sections 2.5 16A.103, subdivision 3; 16A.1285, subdivisions 4 and 2.6 5; 16E.11; 16E.12; 16E.13; 207A.01; 207A.02; 207A.03; 2.7 207A.04; 207A.06; 207A.07; 207A.08; 207A.09; and 2.8 207A.10; Laws 1991, chapter 235, article 5, section 3, 2.9 as amended; Minnesota Rules, part 8275.0045, subpart 2. 2.10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.11 ARTICLE 1 2.12 APPROPRIATIONS 2.13 Section 1. [STATE GOVERNMENT APPROPRIATIONS.] 2.14 The sums shown in the columns marked "APPROPRIATIONS" are 2.15 appropriated from the general fund, or another fund named, to 2.16 the agencies and for the purposes specified in this act, to be 2.17 available for the fiscal years indicated for each purpose. The 2.18 figures "1999," "2000," and "2001," where used in this act, mean 2.19 that the appropriation or appropriations listed under them are 2.20 available for the year ending June 30, 1999, June 30, 2000, or 2.21 June 30, 2001, respectively. 2.22 SUMMARY BY FUND 2.23 BIENNIAL 2.24 2000 2001 TOTAL 2.25 General $335,116,000 $314,704,000 $649,820,000 2.26 State 2.27 Government 2.28 Special Revenue 13,907,000 13,963,000 27,870,000 2.29 For 1999 - $465,000 2.30 Health Care Access 1,842,000 1,871,000 3,713,000 2.31 Environmental 236,000 242,000 478,000 2.32 Solid Waste Fund 660,000 670,000 1,330,000 2.33 Lottery Prize 2.34 Fund 110,000 -0- 110,000 2.35 Highway User 2.36 Tax Distribution 2,129,000 2,173,000 4,302,000 2.37 Trunk Highway 39,000 39,000 78,000 2.38 Workers' 2.39 Compensation 6,938,000 7,045,000 13,983,000 2.40 TOTAL $360,977,000 $340,707,000 $701,684,000 2.41 For 1999 - $465,000 2.42 APPROPRIATIONS 2.43 Available for the Year 3.1 Ending June 30 3.2 2000 2001 3.3 Sec. 2. LEGISLATURE 3.4 Subdivision 1. Total 3.5 Appropriation 58,340,000 63,117,000 3.6 Summary by Fund 3.7 General 58,151,000 62,928,000 3.8 Health Care Access 150,000 150,000 3.9 Trunk Highway 39,000 39,000 3.10 The amounts that may be spent from this 3.11 appropriation for each program are 3.12 specified in the following subdivisions. 3.13 Subd. 2. Senate 19,138,000 20,523,000 3.14 $40,000 the first year is for senate 3.15 media services to produce a videotape 3.16 on the legislative process and to 3.17 distribute it, along with a teachers' 3.18 guide, to all secondary schools in the 3.19 state, and for senate information 3.20 services to construct and maintain a 3.21 Worldwide Web site to publicize and 3.22 promote the videotape. 3.23 Subd. 3. House of Representatives 25,361,000 27,670,000 3.24 Subd. 4. Legislative 3.25 Coordinating Commission 13,841,000 14,924,000 3.26 Summary by Fund 3.27 General 13,652,000 14,735,000 3.28 Health Care Access 150,000 150,000 3.29 Trunk Highway 39,000 39,000 3.30 $5,600,000 the first year and 3.31 $6,372,000 the second year are for the 3.32 office of the revisor of statutes. 3.33 $1,184,000 the first year and 3.34 $1,217,000 the second year are for the 3.35 legislative reference library. 3.36 $4,963,000 the first year and 3.37 $5,096,000 the second year are for the 3.38 office of the legislative auditor. 3.39 Sec. 3. GOVERNOR AND 3.40 LIEUTENANT GOVERNOR 4,052,000 4,171,000 3.41 This appropriation is to fund the 3.42 offices of the governor and lieutenant 3.43 governor. 3.44 $19,000 the first year and $19,000 the 3.45 second year are for necessary expenses 3.46 in the normal performance of the 3.47 governor's and lieutenant governor's 3.48 duties for which no other reimbursement 3.49 is provided. 4.1 By September 1 of each year, the 4.2 commissioner of finance shall report to 4.3 the chairs of the senate governmental 4.4 operations budget division and the 4.5 house state government finance division 4.6 any personnel costs incurred by the 4.7 office of the governor and lieutenant 4.8 governor that were supported by 4.9 appropriations to other agencies during 4.10 the previous fiscal year. The office 4.11 of the governor shall inform the chairs 4.12 of the divisions before initiating any 4.13 interagency agreements. 4.14 Not later than September 30, 1999, the 4.15 governor, in consultation with the 4.16 commissioners of agriculture and trade 4.17 and economic development, shall prepare 4.18 and submit an application for federal 4.19 permits as may be needed to authorize 4.20 the growing of experimental and 4.21 demonstration plots of industrial 4.22 hemp. The governor shall also direct 4.23 the commissioner of agriculture, in 4.24 consultation with the commissioner of 4.25 public safety and other appropriate 4.26 commissioners, to establish standards 4.27 and forms for persons wishing to 4.28 register for growing experimental and 4.29 demonstration plots of industrial hemp. 4.30 Sec. 4. STATE AUDITOR 8,967,000 9,311,000 4.31 Sec. 5. STATE TREASURER 2,260,000 2,308,000 4.32 $1,030,000 the first year and 4.33 $1,061,000 the second year are for the 4.34 treasurer to pay for banking services 4.35 by fees rather than by compensating 4.36 balances. 4.37 Sec. 6. ATTORNEY GENERAL 27,853,000 28,177,000 4.38 Summary by Fund 4.39 General 25,545,000 25,852,000 4.40 State Government 4.41 Special Revenue 1,713,000 1,717,000 4.42 Environmental 135,000 138,000 4.43 Solid Waste 460,000 470,000 4.44 $991,000 the first year and $912,000 4.45 the second year are one-time 4.46 appropriations to improve information 4.47 technology. 4.48 The attorney general and commissioner 4.49 of finance shall continue to review the 4.50 funding mechanism for legal services. 4.51 By February 15, 2000, they shall submit 4.52 a joint report to the committees 4.53 responsible for funding the office of 4.54 the attorney general that details 4.55 further refinements to the legal 4.56 services funding mechanism. 4.57 The report should attempt to do the 4.58 following: 5.1 (1) identify criteria that 5.2 differentiate between a partner and a 5.3 pooled agency; 5.4 (2) clarify whose responsibility it is 5.5 to request funding for pooled 5.6 agencies: the attorney general, the 5.7 agency, or both; 5.8 (3) determine what process the billing 5.9 rate should follow before 5.10 implementation; 5.11 (4) establish a mechanism to ensure 5.12 that legal service resources are 5.13 allocated as intended by the 5.14 legislature and a process to address 5.15 situations where demand exceeds 5.16 resources; 5.17 (5) determine if partner agencies 5.18 should continue to have general fund 5.19 dollars set aside in the attorney 5.20 general's base; and 5.21 (6) determine what method is used to 5.22 ascertain how much funding for legal 5.23 services the attorney general has in 5.24 its base for each agency. 5.25 Sec. 7. SECRETARY OF STATE 11,770,000 6,234,000 5.26 Sec. 8. CAMPAIGN FINANCE AND 5.27 PUBLIC DISCLOSURE BOARD 712,000 707,000 5.28 Sec. 9. INVESTMENT BOARD 2,310,000 2,376,000 5.29 Sec. 10. ADMINISTRATIVE HEARINGS 7,064,000 6,859,000 5.30 Summary by Fund 5.31 General 400,000 5.32 Workers' 5.33 Compensation 6,664,000 6,859,000 5.34 The chief administrative law judge, in 5.35 cooperation with the state court 5.36 administrator, shall develop and 5.37 present to the legislature by January 5.38 15, 2000, a plan for funding the cost 5.39 of child support hearings out of 5.40 appropriations to the judicial branch 5.41 without increasing those appropriations. 5.42 The appropriation from the workers' 5.43 compensation special compensation fund 5.44 is for considering workers' 5.45 compensation claims. 5.46 Sec. 11. OFFICE OF STRATEGIC 5.47 AND LONG-RANGE PLANNING 6,841,000 4,417,000 5.48 $1,600,000 the first year is for a 5.49 generic environmental impact statement 5.50 on animal agriculture. 5.51 $200,000 the first year is to perform 5.52 program evaluations of agencies in the 5.53 executive branch. 6.1 The program evaluation division will 6.2 report to the legislature by December 6.3 1, 2000, ways to reduce state 6.4 government expenditures by five to ten 6.5 percent. 6.6 $200,000 the first year is to provide 6.7 administrative support to 6.8 community-based planning efforts. 6.9 $150,000 the first year is for a grant 6.10 of $50,000 to the southwest regional 6.11 development commission for the 6.12 continuation of the pilot program and 6.13 two additional grants of $50,000 each 6.14 to regional development commissions or, 6.15 in regions not served by regional 6.16 development commissions, to regional 6.17 organizations selected by the director 6.18 of strategic and long-range planning, 6.19 to support planning work on behalf of 6.20 local units of government. The 6.21 planning work shall include, but need 6.22 not be limited to: 6.23 (1) development of local zoning 6.24 ordinances; 6.25 (2) land use plans; 6.26 (3) community or economic development 6.27 plans; 6.28 (4) transportation and transit plans; 6.29 (5) solid waste management plans; 6.30 (6) wastewater management plans; 6.31 (7) workforce development plans; 6.32 (8) housing development plans and/or 6.33 market analysis; 6.34 (9) rural health service plans; 6.35 (10) natural resources management 6.36 plans; or 6.37 (11) development of geographical 6.38 information systems database to serve a 6.39 region's needs, including hardware and 6.40 software purchases and related labor 6.41 costs. 6.42 $200,000 the first year is to prepare 6.43 the generic environmental impact 6.44 statement on urban development required 6.45 by section 105. Any unencumbered 6.46 balance remaining in the first year 6.47 does not cancel and is available for 6.48 the second year of the biennium. 6.49 $24,000 the first year is for the 6.50 southwest Minnesota wind monitoring 6.51 project. 6.52 Sec. 12. ADMINISTRATION 6.53 Subdivision 1. Total 6.54 Appropriation 39,981,000 36,907,000 7.1 For 1999 - $465,000 7.2 Summary by Fund 7.3 General 28,013,000 24,975,000 7.4 State Government 7.5 Special Revenue 11,794,000 11,846,000 7.6 For 1999 - $465,000 7.7 Workers' 7.8 Compensation 174,000 86,000 7.9 The amounts that may be spent from this 7.10 appropriation for each program are 7.11 specified in the following subdivisions. 7.12 Subd. 2. Operations Management 7.13 4,007,000 4,155,000 7.14 Subd. 3. Office of Technology 7.15 2,734,000 2,472,000 7.16 The commissioner of administration 7.17 shall develop and submit to the chairs 7.18 of the senate governmental operations 7.19 budget division and the house state 7.20 government finance committee by January 7.21 15, 2000, a long-range plan identifying 7.22 the mission and goals of the office of 7.23 technology. The appropriation for the 7.24 second year is not available until the 7.25 plan has been approved by a law enacted 7.26 at the 2000 regular session. 7.27 Summary by Fund 7.28 General 2,471,000 2,307,000 7.29 State Government 7.30 Special Revenue 89,000 79,000 7.31 Workers' 7.32 Compensation 174,000 86,000 7.33 The amounts that may be spent from this 7.34 appropriation for each purpose are as 7.35 follows: 7.36 (a) Administrative Services 7.37 1,871,000 1,707,000 7.38 $220,000 the first year is to continue 7.39 the intergovernmental information 7.40 systems advisory council for one more 7.41 year. 7.42 (b) Small Agency Infrastructure 7.43 Summary by Fund 7.44 General 600,000 600,000 7.45 State Government 7.46 Special Revenue 89,000 79,000 8.1 Workers' 8.2 Compensation 174,000 86,000 8.3 This appropriation is for a one-time 8.4 transfer to eligible small agencies for 8.5 the small agency infrastructure 8.6 project. The commissioner of 8.7 administration shall determine 8.8 priorities for which projects should be 8.9 funded. An agency whose strategic plan 8.10 for information technology was not 8.11 approved before April 1, 1999, may not 8.12 receive money from this appropriation. 8.13 Any balance the first year does not 8.14 cancel but is available in the second 8.15 year. Future costs for small agency 8.16 information infrastructure will be 8.17 included in each small agency's budget 8.18 in the fiscal years 2002-2003 biennium 8.19 and thereafter. 8.20 Subd. 4. Intertechnologies Group 8.21 15,771,000 13,076,000 8.22 Summary by Fund 8.23 General 4,066,000 1,309,000 8.24 State Government 8.25 Special Revenue 11,705,000 11,767,000 8.26 For 1999 - $465,000 8.27 $350,000 is appropriated to the 8.28 commissioner of administration for the 8.29 fiscal year ending June 30, 2000, for 8.30 costs related to the operation of the 8.31 year 2000 project office. 8.32 $2,150,000 is appropriated from the 8.33 general fund to the commissioner of 8.34 administration for the biennium ending 8.35 June 30, 2001, to modify state business 8.36 systems to address year 2000 changes. 8.37 Up to $150,000 of this appropriation 8.38 may be allocated for year 2000 project 8.39 office costs. The appropriation is 8.40 available only upon approval of the 8.41 commissioner of finance after the 8.42 commissioner has determined that all 8.43 other money allocated for replacement 8.44 or enhancement of existing technology 8.45 for year 2000 compliance will be 8.46 expended. 8.47 The appropriation from the special 8.48 revenue fund is for recurring costs of 8.49 911 emergency telephone service. 8.50 Subd. 5. Facilities Management 8.51 9,410,000 9,418,000 8.52 $5,447,000 the first year and 8.53 $5,460,000 the second year are for 8.54 office space costs of the legislature 8.55 and veterans organizations, for 8.56 ceremonial space, and for statutorily 8.57 free space. 9.1 $1,950,000 of the revenue credited to 9.2 the special revenue account created in 9.3 Minnesota Statutes, section 16B.24, 9.4 subdivision 5, paragraph (e), must be 9.5 used to demolish the capitol square 9.6 building, restructure the site as a 9.7 temporary parking lot, and predesign a 9.8 new building for the departments of 9.9 commerce, labor and industry, and trade 9.10 and economic development on the site. 9.11 $520,000 of the revenue credited to the 9.12 special revenue account created in 9.13 Minnesota Statutes, section 16B.24, 9.14 subdivision 5, paragraph (e), must be 9.15 used to rebuild and upgrade electronic 9.16 security systems in the capitol complex. 9.17 The commissioner of administration 9.18 shall install on the automatically 9.19 operated landscape irrigation system in 9.20 the capitol area a device, commonly 9.21 known as a rain check, to prevent the 9.22 system from being activated when a 9.23 predetermined amount of precipitation 9.24 has accumulated. 9.25 $100,000 the first year is for grants 9.26 to places of public accommodation to 9.27 assist them in achieving compliance 9.28 with the bleacher safety requirements 9.29 of new Minnesota Statutes, section 9.30 16B.616. The commissioner shall give 9.31 highest priority to grant requests from 9.32 political subdivisions for whom the 9.33 cost of achieving compliance is the 9.34 greatest financial hardship. State 9.35 grants are available when the 9.36 commissioner has determined that 9.37 matching funds in an amount equal to 9.38 the grant have been committed. Any 9.39 unencumbered balance remaining in the 9.40 first year does not cancel and is 9.41 available for the second year of the 9.42 biennium. 9.43 Subd. 6. Management Services 9.44 3,622,000 3,670,000 9.45 $250,000 the first year and $200,000 9.46 the second year are for the information 9.47 policy training program under Minnesota 9.48 Statutes, section 13.073. 9.49 $150,000 the first year and $150,000 9.50 the second year are for a one-time 9.51 transfer to the Minnesota historical 9.52 society for the information policy 9.53 training program under Minnesota 9.54 Statutes, sections 13.073 and 138.17, 9.55 subdivisions 7 and 8. 9.56 $192,000 the first year and $196,000 9.57 the second year are for the office of 9.58 the state archaeologist. 9.59 Subd. 7. Fiscal Agent 9.60 994,000 786,000 10.1 $72,000 the first year and $74,000 the 10.2 second year are for the developmental 10.3 disabilities council. 10.4 $660,000 the first year and $450,000 10.5 the second year are for the STAR 10.6 program. 10.7 $2,000 the first year and $2,000 the 10.8 second year are for the state 10.9 employees' band. 10.10 $260,000 the first year and $260,000 10.11 the second year are for a grant to the 10.12 Minnesota Children's Museum, of which 10.13 $100,000 the first year and $100,000 10.14 the second year are an appropriation 10.15 for administrative costs of Project 10.16 Greenstart. 10.17 Subd. 8. Public Broadcasting 10.18 3,443,000 3,330,000 10.19 $1,450,000 the first year and 10.20 $1,450,000 the second year are for 10.21 matching grants for public television. 10.22 $600,000 the first year and $600,000 10.23 the second year are for public 10.24 television equipment needs. Equipment 10.25 grant allocations shall be made after 10.26 considering the recommendations of the 10.27 Minnesota public television association. 10.28 $113,000 the first year is for grants 10.29 to noncommercial television stations to 10.30 assist with conversion to a digital 10.31 broadcast signal as mandated by the 10.32 federal government. In order to 10.33 qualify for a grant, a station must 10.34 meet the criteria established for 10.35 grants in Minnesota Statutes, section 10.36 129D.12, subdivision 2. 10.37 $441,000 the first year and $441,000 10.38 the second year are for grants for 10.39 public information television 10.40 transmission of legislative 10.41 activities. At least one-half must go 10.42 for programming to be broadcast in 10.43 rural Minnesota. 10.44 $25,000 the first year and $25,000 the 10.45 second year are for grants to the Twin 10.46 Cities regional cable channel. 10.47 $320,000 the first year and $320,000 10.48 the second year are for community 10.49 service grants to public educational 10.50 radio stations, which must be allocated 10.51 after considering the recommendations 10.52 of the Association of Minnesota Public 10.53 Educational Radio Stations under 10.54 Minnesota Statutes, section 129D.14. 10.55 Of this appropriation, $30,000 the 10.56 first year and $30,000 the second year 10.57 are for station WTIP-FM in Grand 10.58 Marais, which need not meet the 10.59 requirements of Minnesota Statutes, 10.60 section 129D.14, until July 1, 2002. 11.1 $494,000 the first year and $494,000 11.2 the second year are for equipment 11.3 grants to public radio stations. These 11.4 grants must be allocated after 11.5 considering the recommendations of the 11.6 Association of Minnesota Public 11.7 Educational Radio Stations and 11.8 Minnesota Public Radio, Inc. 11.9 If an appropriation for either year for 11.10 grants to public television or radio 11.11 stations is not sufficient, the 11.12 appropriation for the other year is 11.13 available for it. 11.14 Sec. 13. CAPITOL AREA ARCHITECTURAL 11.15 AND PLANNING BOARD 888,000 306,000 11.16 $586,000 the first year is to design 11.17 and construct a memorial to Hubert H. 11.18 Humphrey; to make a grant to the 11.19 National World War II Memorial Fund, 11.20 2300 Clarendon Boulevard, Suite 501, 11.21 Arlington, Virginia 22201, as a 11.22 contribution to a national World War II 11.23 memorial; and for the capitol area 11.24 architectural and planning board, in 11.25 cooperation with the Minnesota 11.26 historical society and the Philippine 11.27 study group of Minnesota, to install in 11.28 the capitol rotunda a plaque that 11.29 corrects inaccurate historical 11.30 information presented on the current 11.31 Spanish-American War commemorative 11.32 plaque. 11.33 Sec. 14. FINANCE 11.34 Subdivision 1. Total 11.35 Appropriation 20,051,000 20,262,000 11.36 The amounts that may be spent from this 11.37 appropriation for each program are 11.38 specified in the following subdivisions. 11.39 Subd. 2. State Financial Management 11.40 7,805,000 7,993,000 11.41 Subd. 3. Information and 11.42 Management Services 11.43 12,246,000 12,269,000 11.44 The commissioner of finance shall 11.45 develop and submit to the chairs of the 11.46 senate governmental operations budget 11.47 division and the house state government 11.48 finance committee by January 15, 2000, 11.49 a plan to wean the state from 11.50 dependence on proprietary software to 11.51 run the state's human resource and 11.52 payroll system. 11.53 The commissioner of finance, in 11.54 consultation with senate and house 11.55 fiscal staff and the commissioner of 11.56 administration, shall develop 11.57 recommendations for inclusion in the 11.58 governor's fiscal year 2002-2003 budget 11.59 document on the presentation of 12.1 internal service funds. The 12.2 commissioner of finance shall submit 12.3 the recommendations to the chairs of 12.4 the senate governmental operations 12.5 budget division and the house state 12.6 government finance committee by January 12.7 15, 2000. 12.8 Sec. 15. EMPLOYEE RELATIONS 12.9 Subdivision 1. Total 12.10 Appropriation 17,058,000 14,119,000 12.11 The amounts that may be spent from this 12.12 appropriation for each program are 12.13 specified in the following subdivisions. 12.14 Subd. 2. Employee Insurance 12.15 9,283,000 6,167,000 12.16 $310,000 the first year is to implement 12.17 an optional, participant-paid, 12.18 long-term care insurance program to be 12.19 available to state employees, retirees, 12.20 and their respective family members as 12.21 well as to selected public employer 12.22 groups, as provided in new Minnesota 12.23 Statutes, section 43A.318. 12.24 $8,903,000 the first year and 12.25 $6,097,000 the second year are for 12.26 transfer to the state employees 12.27 insurance fund to establish the 12.28 necessary contingency reserves and 12.29 self-insure all medical coverage 12.30 provided through the state employees 12.31 group insurance program, including the 12.32 University of Minnesota. 12.33 During the biennium ending June 30, 12.34 2001, the amount necessary to pay 12.35 premiums for coverage by the workers' 12.36 compensation reinsurance association 12.37 under Minnesota Statutes, section 12.38 79.34, is appropriated from the general 12.39 fund to the commissioner. 12.40 Subd. 3. Human Resources 12.41 Management 12.42 7,775,000 7,952,000 12.43 $123,000 the first year and $115,000 12.44 the second year are for a grant to the 12.45 government training service, of which 12.46 $48,000 the first year and $40,000 the 12.47 second year are a one-time 12.48 appropriation for information 12.49 technology and $25,000 the first year 12.50 and $25,000 the second year are a 12.51 one-time appropriation to conduct 12.52 conferences. 12.53 Sec. 16. REVENUE 12.54 Subdivision 1. Total 12.55 Appropriation 93,588,000 89,515,000 12.56 Summary by Fund 13.1 General 89,466,000 85,317,000 13.2 Health Care Access 1,692,000 1,721,000 13.3 Highway User 13.4 Tax Distribution 2,129,000 2,173,000 13.5 Environmental 101,000 104,000 13.6 Solid Waste 200,000 200,000 13.7 The amounts that may be spent from this 13.8 appropriation for each program are 13.9 specified in the following subdivisions. 13.10 Subd. 2. Tax System Management 13.11 91,102,000 86,958,000 13.12 Summary by Fund 13.13 General 86,980,000 82,760,000 13.14 Health Care Access 1,692,000 1,721,000 13.15 Highway User 13.16 Tax Distribution 2,129,000 2,173,000 13.17 Environmental 101,000 104,000 13.18 Solid Waste 200,000 200,000 13.19 $6,000,000 the first year is for the 13.20 income tax reengineering initiative. 13.21 Any balance the first year does not 13.22 cancel but is available in the second 13.23 year. Any unexpended balance at the 13.24 end of the biennium does not cancel but 13.25 may be carried forward until expended, 13.26 upon approval of the commissioner of 13.27 finance and the chairs of the funding 13.28 committees overseeing the department 13.29 and in accordance with the department's 13.30 technology plan reviewed by the office 13.31 of technology. 13.32 Subd. 3. Accounts Receivable Management 13.33 2,486,000 2,557,000 13.34 Subd. 4. Other Provisions 13.35 The building located in the capitol 13.36 complex at 600 North Robert Street, St. 13.37 Paul, is designated and named the 13.38 Harold E. Stassen building. 13.39 Sec. 17. MILITARY AFFAIRS 13.40 Subdivision 1. Total 13.41 Appropriation 10,896,000 11,041,000 13.42 The amounts that may be spent from this 13.43 appropriation for each program are 13.44 specified in the following subdivisions. 13.45 Subd. 2. Maintenance of Training 13.46 Facilities 13.47 6,777,000 6,869,000 14.1 $1,325,000 the first year and 14.2 $1,325,000 the second year are 14.3 appropriated for asset preservation and 14.4 facility repair. This appropriation 14.5 may be transferred between programs, to 14.6 the extent it is used for the same 14.7 purpose. The adjutant general may use 14.8 other available funding for this 14.9 purpose, to the extent it is not 14.10 inconsistent with any other law. 14.11 Subd. 3. General Support 14.12 1,690,000 1,742,000 14.13 $35,000 the first year and $35,000 the 14.14 second year are a one-time 14.15 appropriation to assist in the 14.16 operation and staffing of the Minnesota 14.17 national guard youth camp at Camp 14.18 Ripley. This appropriation is 14.19 available only as matched, dollar for 14.20 dollar, by money from nonstate sources. 14.21 Subd. 4. Enlistment Incentives 14.22 2,354,000 2,355,000 14.23 Obligations for the reenlistment bonus 14.24 program, suspended on December 31, 14.25 1991, shall be paid from the amounts 14.26 available within the enlistment 14.27 incentives program. 14.28 If appropriations for either year of 14.29 the biennium are insufficient, the 14.30 appropriation from the other year is 14.31 available. The appropriations for 14.32 enlistment incentives are available 14.33 until expended. 14.34 Subd. 5. Emergency Services 14.35 75,000 75,000 14.36 These appropriations are for expenses 14.37 of military forces ordered to active 14.38 duty under Minnesota Statutes, chapter 14.39 192. If the appropriation for either 14.40 year is insufficient, the appropriation 14.41 for the other year is available for it. 14.42 Sec. 18. VETERANS AFFAIRS 5,885,000 4,369,000 14.43 $1,544,000 the first year and 14.44 $1,544,000 the second year are for 14.45 emergency financial and medical needs 14.46 of veterans. If the appropriation for 14.47 either year is insufficient, the 14.48 appropriation for the other year is 14.49 available for it. 14.50 $12,000 the first year and $13,000 the 14.51 second year are one-time funding to 14.52 provide grants to local veterans' 14.53 organizations that provide 14.54 transportation services for veterans to 14.55 veterans administration medical 14.56 facilities. 14.57 The commissioner of veterans affairs, 15.1 in cooperation with the board of 15.2 directors of the Minnesota veterans 15.3 homes and the United States Veterans 15.4 Administration, shall study the 15.5 feasibility and desirability of 15.6 supplementing the missions of the 15.7 veterans homes and the Veterans 15.8 Administration hospitals in Minnesota 15.9 by entering into agreements with health 15.10 care providers throughout the state to 15.11 provide free or reduced-cost 15.12 comprehensive health care to veterans 15.13 close to their places of residence as a 15.14 supplement to private health 15.15 insurance. The commissioner shall 15.16 report the results of the study and any 15.17 recommendations to the legislature by 15.18 January 15, 2000. 15.19 With the approval of the commissioner 15.20 of finance, the commissioner of 15.21 veterans affairs may transfer the 15.22 unencumbered balance from the veterans 15.23 relief program to other department 15.24 programs during the fiscal year. 15.25 Before the transfer, the commissioner 15.26 of veterans affairs shall explain why 15.27 the unencumbered balance exists. The 15.28 amounts transferred must be identified 15.29 to the chairs of the senate 15.30 governmental operations budget 15.31 committee and the house state 15.32 government finance committee. 15.33 $275,000 the first year and $275,000 15.34 the second year are for a grant to the 15.35 Vinland National Center. 15.36 $1,485,000 the first year is to make 15.37 bonus payments authorized under 15.38 Minnesota Statutes, section 197.79. 15.39 The appropriation may not be used for 15.40 administrative purposes. The 15.41 appropriation does not expire until the 15.42 commissioner acts on all applications 15.43 submitted under Minnesota Statutes, 15.44 section 197.79. 15.45 $105,000 the first year is to 15.46 administer the bonus program 15.47 established under Minnesota Statutes, 15.48 section 197.79. The appropriation does 15.49 not expire until the commissioner acts 15.50 on all the applications submitted under 15.51 Minnesota Statutes, section 197.79. 15.52 $233,000 the first year and $235,000 15.53 the second year are for grants to 15.54 county veterans offices for training of 15.55 county veterans service officers. 15.56 Sec. 19. VETERANS OF FOREIGN 15.57 WARS 41,000 41,000 15.58 For carrying out the provisions of Laws 15.59 1945, chapter 455. 15.60 Sec. 20. MILITARY ORDER OF 15.61 THE PURPLE HEART 20,000 20,000 15.62 Sec. 21. DISABLED AMERICAN VETERANS 13,000 13,000 16.1 For carrying out the provisions of Laws 16.2 1941, chapter 425. 16.3 Sec. 22. GAMBLING CONTROL 2,183,000 2,241,000 16.4 Sec. 23. RACING COMMISSION 390,000 402,000 16.5 Sec. 24. STATE LOTTERY 110,000 16.6 This appropriation is from the lottery 16.7 prize fund to the commissioner of human 16.8 services for a grant to Project 16.9 Turnabout in Granite Falls to provide 16.10 compulsive gambling treatment and 16.11 education. The appropriation is 16.12 available until June 30, 2001, and must 16.13 not become part of the base 16.14 appropriation. 16.15 The director of the state lottery shall 16.16 reimburse the general fund $150,000 the 16.17 first year and $150,000 the second year 16.18 for lottery-related costs incurred by 16.19 the department of public safety. 16.20 Sec. 25. AMATEUR SPORTS 16.21 COMMISSION 6,619,000 639,000 16.22 $4,000,000 the first year is for grants 16.23 for ice centers under Minnesota 16.24 Statutes, section 240A.09, as amended 16.25 by this act. The prohibition in 16.26 Minnesota Statutes, section 240A.09, on 16.27 grants to colleges and universities 16.28 does not apply to the project at the 16.29 University of Minnesota-Duluth for 16.30 which a grant application was pending 16.31 on the effective date of the 16.32 amendment. Up to $1,000,000 of this 16.33 amount may be used for renovation 16.34 grants for existing ice arenas, 16.35 including renovation of bleachers to 16.36 meet code requirements. Any 16.37 unencumbered balance remaining in the 16.38 first year does not cancel and is 16.39 available for the second year of the 16.40 biennium. 16.41 $2,000,000 the first year is for grants 16.42 for amateur athletic facilities and 16.43 programs under section 88 and to 16.44 prepare the plan for soccer facilities 16.45 required by this section. $200,000 may 16.46 be used for special events or programs 16.47 and $30,000 may be used for the soccer 16.48 plan. Any unencumbered balance 16.49 remaining in the first year does not 16.50 cancel and is available for the second 16.51 year of the biennium. 16.52 The commission shall develop a plan to 16.53 stimulate the development of new 16.54 facilities primarily for soccer 16.55 throughout the state and to make grants 16.56 to assist with the development of these 16.57 facilities. The plan shall include an 16.58 assessment of needs, development and 16.59 financing alternatives, geographic and 16.60 demographic considerations, management 16.61 and use policies, and standards for the 16.62 design and construction of soccer 17.1 fields. Before adopting the plan, the 17.2 commission shall hold public meetings 17.3 in at least three locations throughout 17.4 the state to receive comment. The plan 17.5 must cover a 20-year development period. 17.6 Sec. 26. BOARD OF THE ARTS 17.7 Subdivision 1. Total Appropriation 13,064,000 13,094,000 17.8 Any unencumbered balance remaining in 17.9 this section the first year does not 17.10 cancel but is available for the second 17.11 year of the biennium. 17.12 Subd. 2. Operations and Services 17.13 989,000 1,019,000 17.14 Subd. 3. Grants Program 17.15 8,540,000 8,540,000 17.16 Subd. 4. Regional Arts Councils 17.17 3,535,000 3,535,000 17.18 Sec. 27. MINNESOTA HUMANITIES 17.19 COMMISSION 1,397,000 1,409,000 17.20 Any unencumbered balance remaining in 17.21 the first year does not cancel but is 17.22 available for the second year of the 17.23 biennium. 17.24 $500,000 the first year and $500,000 17.25 the second year are a one-time 17.26 appropriation for the 17.27 Motheread/Fatheread program. 17.28 Sec. 28. GENERAL CONTINGENT 17.29 ACCOUNTS 600,000 600,000 17.30 Summary by Fund 17.31 General 100,000 100,000 17.32 State Government 17.33 Special Revenue 400,000 400,000 17.34 Workers' Compensation 100,000 100,000 17.35 The appropriations in this section must 17.36 be spent with the approval of the 17.37 governor after consultation with the 17.38 legislative advisory commission under 17.39 Minnesota Statutes, section 3.30. 17.40 If an appropriation in this section for 17.41 either year is insufficient, the 17.42 appropriation for the other year is 17.43 available for it. 17.44 The special revenue appropriation is 17.45 available to be transferred to the 17.46 attorney general when the costs to 17.47 provide legal services to the health 17.48 boards exceed the biennial 17.49 appropriation to the attorney general 17.50 from the special revenue fund and for 17.51 transfer to the health boards if 18.1 required for unforeseen expenditures of 18.2 an emergency nature. The boards 18.3 receiving the additional services or 18.4 supplemental appropriations shall set 18.5 their fees to cover the costs. 18.6 Sec. 29. TORT CLAIMS 275,000 275,000 18.7 To be spent by the commissioner of 18.8 finance. 18.9 If the appropriation for either year is 18.10 insufficient, the appropriation for the 18.11 other year is available for it. 18.12 Sec. 30. MINNESOTA STATE 18.13 RETIREMENT SYSTEM 3,998,000 4,014,000 18.14 The amounts estimated to be needed for 18.15 each program are as follows: 18.16 (a) Legislators 18.17 3,800,000 3,800,000 18.18 Under Minnesota Statutes, sections 18.19 3A.03, subdivision 2; 3A.04, 18.20 subdivisions 3 and 4; and 3A.11. 18.21 (b) Constitutional Officers 18.22 198,000 214,000 18.23 Under Minnesota Statutes, sections 18.24 352C.031, subdivision 5; 352C.04, 18.25 subdivision 3; and 352C.09, subdivision 18.26 2. 18.27 If an appropriation in this section for 18.28 either year is insufficient, the 18.29 appropriation for the other year is 18.30 available for it. 18.31 Sec. 31. MINNEAPOLIS EMPLOYEES 18.32 RETIREMENT FUND 6,442,000 6,442,000 18.33 $5,892,000 the first year and 18.34 $5,892,000 the second year are to the 18.35 commissioner of finance for payment to 18.36 the Minneapolis employees retirement 18.37 fund under Minnesota Statutes, section 18.38 422A.101, subdivision 3. Payment must 18.39 be made in four equal installments, 18.40 March 15, July 15, September 15, and 18.41 November 15 each year. 18.42 $550,000 the first year and $550,000 18.43 the second year are to the commissioner 18.44 of finance for payment to the 18.45 Minneapolis employees retirement fund 18.46 for the supplemental benefit for 18.47 pre-1973 retirees under Minnesota 18.48 Statutes, section 356.865. 18.49 Sec. 32. POLICE AND FIRE 18.50 AMORTIZATION AID 6,295,000 6,303,000 18.51 $4,925,000 the first year and 18.52 $4,925,000 the second year are to the 18.53 commissioner of revenue for state aid 18.54 to amortize the unfunded liability of 19.1 local police and salaried firefighters 19.2 relief associations under Minnesota 19.3 Statutes, section 423A.02. 19.4 $1,000,000 the first year and 19.5 $1,000,000 the second year are to the 19.6 commissioner of revenue for 19.7 supplemental state aid to amortize the 19.8 unfunded liability of local police and 19.9 salaried firefighters relief 19.10 associations under Minnesota Statutes, 19.11 section 423A.02, subdivision 1a. 19.12 $370,000 the first year and $378,000 19.13 the second year are to the commissioner 19.14 of revenue to pay reimbursements to 19.15 relief associations for firefighter 19.16 supplemental benefits paid under 19.17 Minnesota Statutes, section 424A.10. 19.18 Sec. 33. BOARD OF GOVERNMENT 19.19 INNOVATION AND COOPERATION 1,014,000 1,018,000 19.20 Sec. 34. BOND SALE SCHEDULE 19.21 The commissioner of finance shall 19.22 schedule the sale of state general 19.23 obligation bonds so that, during the 19.24 biennium ending June 30, 2001, no more 19.25 than $521,419,000 will need to be 19.26 transferred from the general fund to 19.27 the state bond fund to pay principal 19.28 and interest due and to become due on 19.29 outstanding state general obligation 19.30 bonds. During the biennium, before 19.31 each sale of state general obligation 19.32 bonds, the commissioner of finance 19.33 shall calculate the amount of debt 19.34 service payments needed on bonds 19.35 previously issued and shall estimate 19.36 the amount of debt service payments 19.37 that will be needed on the bonds 19.38 scheduled to be sold, and the 19.39 commissioner shall adjust the amount of 19.40 bonds scheduled to be sold so as to 19.41 remain within the limit set by this 19.42 section. The amount needed to make the 19.43 debt service payments is appropriated 19.44 from the general fund as provided in 19.45 Minnesota Statutes, section 16A.641. 19.46 Sec. 35. [STATEWIDE SYSTEMS ACCOUNT.] 19.47 Subdivision 1. [CONTINUATION.] The statewide systems 19.48 account is a separate account in the general fund. All money 19.49 resulting from billings for statewide systems services must be 19.50 deposited in the account. For the purposes of this section, 19.51 statewide systems includes the state accounting system, payroll 19.52 system, human resources system, procurement system, and related 19.53 information access systems. 19.54 Subd. 2. [BILLING PROCEDURES.] The commissioner of finance 19.55 may bill up to $7,520,000 in fiscal year 2000 and $7,520,000 in 20.1 fiscal year 2001 for statewide systems services provided to 20.2 state agencies, judicial branch agencies, the University of 20.3 Minnesota, the Minnesota state colleges and universities, and 20.4 other entities. Billing must be based only on usage of services 20.5 relating to statewide systems provided by the intertechnologies 20.6 division. Each agency shall transfer from agency operating 20.7 appropriations to the statewide systems account the amount 20.8 billed by the commissioner. Billing policies and procedures 20.9 related to statewide systems services must be developed by the 20.10 commissioner of finance in consultation with the commissioners 20.11 of employee relations and administration, the University of 20.12 Minnesota, and the Minnesota state colleges and universities. 20.13 Subd. 3. [APPROPRIATION.] Money transferred into the 20.14 account is appropriated to the commissioner of finance to pay 20.15 for statewide systems services during fiscal years 2000 and 2001. 20.16 Sec. 36. Minnesota Statutes 1998, section 3.17, is amended 20.17 to read: 20.18 3.17 [JOURNALS.] 20.19 A journal of the daily proceedings in each house shall be 20.20 printed and laid before each member at the beginning of the next 20.21 day's session. After it has been publicly read and corrected, a 20.22 copy, kept by the secretary and chief clerk, respectively, and a 20.23 transcript as approved shall be certified by the secretary or 20.24 clerk to the printer, who shall print the corrected permanent 20.25 journal. Executive messages, addresses, reports, 20.26 communications, and voluminous documents other than amendments 20.27 to the constitution or to bills and resolutions and the protests 20.28 of members submitted under the constitution, article 4, section 20.29 11, shall be omitted from the journals, unless otherwise ordered 20.30 by vote. Before distributing journals and other publications to 20.31 members, legislative staff, and others, each house shall notify 20.32 prospective recipients of the cost of the publications and the 20.33 availability of the same information on the Internet. 20.34 Sec. 37. Minnesota Statutes 1998, section 3C.12, 20.35 subdivision 2, is amended to read: 20.36 Subd. 2. [FREE DISTRIBUTION.] The revisor shall distribute 21.1 without charge copies of each edition of Minnesota Statutes, 21.2 supplements to Minnesota Statutes, and Laws of Minnesota to the 21.3 persons or bodies listed in this subdivision. Before 21.4 distributing the copies, the revisor shall
askinform these 21.5 persons or bodies of the cost of the publication and the 21.6 availability of statutes and session laws on the Internet, and 21.7 shall ask whether their work requires the full number of copies 21.8 authorized by this subdivision. Unless a smaller number is 21.9 needed, the revisor shall distribute: 21.10 (a) 30 copies to the supreme court; 21.11 (b) 30 copies to the court of appeals; 21.12 (c) one copy to each judge of a district court; 21.13 (d) one copy to the court administrator of each district 21.14 court for use in each courtroom of the district court; 21.15 (e) one copy to each judge, district attorney, clerk of 21.16 court of the United States, and deputy clerk of each division of 21.17 the United States district court in Minnesota; 21.18 (f) 100 copies to the office of the attorney general; 21.19 (g) ten copies each to the governor's office, the 21.20 departments of agriculture, commerce, corrections, children, 21.21 families, and learning, finance, health, transportation, labor 21.22 and industry, economic security, natural resources, public 21.23 safety, public service, human services, revenue, and the 21.24 pollution control agency; 21.25 (h) two copies each to the lieutenant governor and the 21.26 state treasurer; 21.27 (i) 20 copies each to the department of administration, 21.28 state auditor, and legislative auditor; 21.29 (j) one copy each to other state departments, agencies, 21.30 boards, and commissions not specifically named in this 21.31 subdivision; 21.32 (k) one copy to each member of the legislature; 21.33 (l) 150 copies for the use of the senate and 200 copies for 21.34 the use of the house of representatives; 21.35 (m) 50 copies to the revisor of statutes from which the 21.36 revisor shall send the appropriate number to the Library of 22.1 Congress for copyright and depository purposes; 22.2 (n) four copies to the secretary of the senate; 22.3 (o) four copies to the chief clerk of the house of 22.4 representatives; 22.5 (p) 100 copies to the state law library; 22.6 (q) 100 copies to the law school of the University of 22.7 Minnesota; 22.8 (r) five copies each to the Minnesota historical society 22.9 and the secretary of state; 22.10 (s) one copy each to the public library of the largest 22.11 municipality of each county if the library is not otherwise 22.12 eligible to receive a free copy under this section or section 22.13 15.18; and 22.14 (t) one copy to each county library maintained pursuant to 22.15 chapter 134, except in counties containing cities of the first 22.16 class. If a county has not established a county library 22.17 pursuant to chapter 134, the copy shall be provided to any 22.18 public library in the county. 22.19 Sec. 38. Minnesota Statutes 1998, section 8.15, 22.20 subdivision 1, is amended to read: 22.21 Subdivision 1. [FEE SCHEDULES.] The attorney general in 22.22 consultation with the commissioner of finance shall develop a 22.23 fee schedule to be used by the attorney general in developing 22.24 the agreements authorized in subdivision 3. The attorney 22.25 general must submit a billing rate for the next biennium to the 22.26 commissioner of finance by August 1 of each even-numbered year. 22.27 The attorney general may not assess a county any fee for 22.28 legal services rendered in connection with a commitment 22.29 proceeding under section 253B.185 for which the attorney general 22.30 assumes responsibility under section 8.01. 22.31 Sec. 39. Minnesota Statutes 1998, section 8.15, 22.32 subdivision 2, is amended to read: 22.33 Subd. 2. [BIENNIAL BUDGET REQUEST.] (a) The attorney 22.34 general in consultation with the commissioner of finance shall 22.35 designate which agencies will have their legal service requests 22.36 included in the budget request of the attorney general. 23.1 (b) All other agencies, in consultation with the attorney 23.2 general and the commissioner of finance, shall include a request 23.3 for legal services in their biennial budget requests. 23.4 (c) The budget request of the attorney general must include 23.5 a consolidated listing that shows on one page all the 23.6 appropriations that will be used to support the office of the 23.7 attorney general and the finance division from which they will 23.8 be requested. 23.9 Sec. 40. Minnesota Statutes 1998, section 8.15, 23.10 subdivision 3, is amended to read: 23.11 Subd. 3. [AGREEMENTS.] (a) To facilitate the delivery of 23.12 legal services, the attorney general may: 23.13 (1) enter into agreements with executive branch agencies, 23.14 political subdivisions, or quasi-state agencies to provide legal 23.15 services for the benefit of the citizens of Minnesota; and 23.16 (2) in addition to funds otherwise appropriated by the 23.17 legislature, accept and spend funds received under any agreement 23.18 authorized in clause (1) for the purpose set forth in clause 23.19 (1), subject to a report of receipts to the chairs of the senate 23.20 finance committee and the house ways and means committee by 23.21 October 15 each year. 23.22 (b) When entering into an agreement for legal services, the 23.23 attorney general must notify the committees responsible for 23.24 funding the office of the attorney general. When the attorney 23.25 general enters into an agreement with a state agency, the 23.26 attorney general must also notify the committees responsible for 23.27 funding that agency. 23.28 Funds received under this subdivision must be deposited in 23.29 the general fund and are appropriated to the attorney general 23.30 for the purposes set forth in this subdivision. 23.31 Sec. 41. Minnesota Statutes 1998, section 13.03, 23.32 subdivision 2, is amended to read: 23.33 Subd. 2. [PROCEDURES.] (a) The responsible authority in 23.34 every state agency, political subdivision, and statewide system 23.35 shall establish procedures, consistent with this chapter, to 23.36 insure that requests for government data are received and 24.1 complied with in an appropriate and prompt manner. 24.2 (b) The responsible authority shall prepare public access 24.3 procedures in written form and update them no later than August 24.4 1 of each year as necessary to reflect any changes in personnel 24.5 or circumstances that might affect public access to government 24.6 data. The responsible authority shall make copies of the 24.7 written public access procedures easily available to the public 24.8 by distributing free copies of the procedures to the public or 24.9 by posting a copy of the procedures in a conspicuous place 24.10 within the government entity that is easily accessible to the 24.11 public. 24.12 (c) Full convenience and comprehensive accessibility shall 24.13 be allowed to researchers including historians, genealogists and 24.14 other scholars to carry out extensive research and complete 24.15 copying of all records containing government data except as 24.16 otherwise expressly provided by law. 24.17 A responsible authority may designate one or more designees. 24.18 Sec. 42. Minnesota Statutes 1998, section 13.05, is 24.19 amended by adding a subdivision to read: 24.20 Subd. 11. [PRIVATIZATION.] (a) If a government entity 24.21 enters into a contract with a private person to perform any of 24.22 its functions, the government entity shall include in the 24.23 contract terms that make it clear that all of the data created, 24.24 collected, received, stored, used, maintained, or disseminated 24.25 by the private person in performing those functions is subject 24.26 to the requirements of this chapter and that the private person 24.27 must comply with those requirements as if it were a government 24.28 entity. The remedies in section 13.08 apply to the private 24.29 person under this subdivision. 24.30 (b) This subdivision does not create a duty on the part of 24.31 the private person to provide access to public data to the 24.32 public if the public data are available from the government 24.33 entity, except as required by the terms of the contract. 24.34 Sec. 43. Minnesota Statutes 1998, section 13.073, is 24.35 amended by adding a subdivision to read: 24.36 Subd. 6. [PREPARATION OF MODEL POLICIES AND 25.1 PROCEDURES.] The commissioner shall, in consultation with 25.2 affected government entities, prepare model policies and 25.3 procedures to assist government entities in complying with the 25.4 requirements of this chapter that relate to public access to 25.5 government data and rights of subjects of data. Upon completion 25.6 of a model for a governmental level, the commissioner shall 25.7 offer that model for formal adoption by that level of government. 25.8 Government entities may adopt or reject the model offered by the 25.9 commissioner. A government entity that adopts the 25.10 commissioner's model shall notify the commissioner in a form 25.11 prescribed by the commissioner. 25.12 Sec. 44. Minnesota Statutes 1998, section 15.50, 25.13 subdivision 2, is amended to read: 25.14 Subd. 2. [CAPITOL AREA PLAN.] (a) The board shall prepare, 25.15 prescribe, and from time to time, after a public hearing, amend 25.16 a comprehensive use plan for the capitol area, called the area 25.17 in this subdivision, which consists of that portion of the city 25.18 of Saint Paul comprehended within the following boundaries: 25.19 Beginning at the point of intersection of the center line of the 25.20 Arch-Pennsylvania freeway and the center line of Marion Street, 25.21 thence southerly along the center line of Marion Street extended 25.22 to a point 50 feet south of the south line of Concordia Avenue, 25.23 thence southeasterly along a line extending 50 feet from the 25.24 south line of Concordia Avenue to a point 125 feet from the west 25.25 line of John Ireland Boulevard, thence southwesterly along a 25.26 line extending 125 feet from the west line of John Ireland 25.27 Boulevard to the south line of Dayton Avenue, thence 25.28 northeasterly from the south line of Dayton Avenue to the west 25.29 line of John Ireland Boulevard, thence northeasterly to the 25.30 center line of the intersection of Old Kellogg Boulevard and 25.31 Summit Avenue, thence northeasterly along the center line of 25.32 Summit Avenue to the center line of the new West Kellogg 25.33 Boulevard, thence southerly along the east line of the new West 25.34 Kellogg Boulevard, to the center line of West Seventh Street,25.35 thence northeasterly along the center line of West Seventh25.36 Street to the center line of the Fifth Street ramp, thence26.1 northwesterly along the center line of the Fifth Street ramp to26.2 theeast line of the right-of-way of Interstate Highway 35-E, 26.3 thence northeasterly along the east line of the right-of-way of 26.4 Interstate Highway 35-E to the south line of the right-of-way of 26.5 Interstate Highway 94, thence easterly along the south line of 26.6 the right-of-way of Interstate Highway 94 to the west line of 26.7 St. Peter Street, thence southerly to the south line of Exchange 26.8 Street, thence easterly along the south line of Exchange Street 26.9 to the west line of Cedar Street, thence northerly along the 26.10 west line of Cedar Street to the center line of Tenth Street, 26.11 thence northeasterly along the center line of Tenth Street to 26.12 the center line of Minnesota Street, thence northwesterly along 26.13 the center line of Minnesota Street to the center line of 26.14 Eleventh Street, thence northeasterly along the center line of 26.15 Eleventh Street to the center line of Jackson Street, thence 26.16 northwesterly along the center line of Jackson Street to the 26.17 center line of the Arch-Pennsylvania freeway extended, thence 26.18 westerly along the center line of the Arch-Pennsylvania freeway 26.19 extended and Marion Street to the point of origin. If26.20 construction of the labor interpretive center does not commence26.21 prior to December 31, 2000, at the site recommended by the26.22 board, the boundaries of the capitol area revert to their26.23 configuration as of 1992.26.24 Under the comprehensive plan, or a portion of it, the board 26.25 may regulate, by means of zoning rules adopted under the 26.26 Administrative Procedure Act, the kind, character, height, and 26.27 location, of buildings and other structures constructed or used, 26.28 the size of yards and open spaces, the percentage of lots that 26.29 may be occupied, and the uses of land, buildings and other 26.30 structures, within the area. To protect and enhance the 26.31 dignity, beauty, and architectural integrity of the capitol 26.32 area, the board is further empowered to include in its zoning 26.33 rules design review procedures and standards with respect to any 26.34 proposed construction activities in the capitol area 26.35 significantly affecting the dignity, beauty, and architectural 26.36 integrity of the area. No person may undertake these 27.1 construction activities as defined in the board's rules in the 27.2 capitol area without first submitting construction plans to the 27.3 board, obtaining a zoning permit from the board, and receiving a 27.4 written certification from the board specifying that the person 27.5 has complied with all design review procedures and standards. 27.6 Violation of the zoning rules is a misdemeanor. The board may, 27.7 at its option, proceed to abate any violation by injunction. 27.8 The board and the city of Saint Paul shall cooperate in assuring 27.9 that the area adjacent to the capitol area is developed in a 27.10 manner that is in keeping with the purpose of the board and the 27.11 provisions of the comprehensive plan. 27.12 (b) The commissioner of administration shall act as a 27.13 consultant to the board with regard to the physical structural 27.14 needs of the state. The commissioner shall make studies and 27.15 report the results to the board when it requests reports for its 27.16 planning purpose. 27.17 (c) No public building, street, parking lot, or monument, 27.18 or other construction may be built or altered on any public 27.19 lands within the area unless the plans for the project conform 27.20 to the comprehensive use plan as specified in paragraph (d) and 27.21 to the requirement for competitive plans as specified in 27.22 paragraph (e). No alteration substantially changing the 27.23 external appearance of any existing public building approved in 27.24 the comprehensive plan or the exterior or interior design of any 27.25 proposed new public building the plans for which were secured by 27.26 competition under paragraph (e) may be made without the prior 27.27 consent of the board. The commissioner of administration shall 27.28 consult with the board regarding internal changes having the 27.29 effect of substantially altering the architecture of the 27.30 interior of any proposed building. 27.31 (d) The comprehensive plan must show the existing land uses 27.32 and recommend future uses including: areas for public taking 27.33 and use; zoning for private land and criteria for development of 27.34 public land, including building areas, open spaces, monuments, 27.35 and other memorials; vehicular and pedestrian circulation; 27.36 utilities systems; vehicular storage; elements of landscape 28.1 architecture. No substantial alteration or improvement may be 28.2 made to public lands or buildings in the area without the 28.3 written approval of the board. 28.4 (e) The board shall secure by competitions plans for any 28.5 new public building. Plans for any comprehensive plan, 28.6 landscaping scheme, street plan, or property acquisition that 28.7 may be proposed, or for any proposed alteration of any existing 28.8 public building, landscaping scheme or street plan may be 28.9 secured by a similar competition. A competition must be 28.10 conducted under rules prescribed by the board and may be of any 28.11 type which meets the competition standards of the American 28.12 Institute of Architects. Designs selected become the property 28.13 of the state of Minnesota, and the board may award one or more 28.14 premiums in each competition and may pay the costs and fees that 28.15 may be required for its conduct. At the option of the board, 28.16 plans for projects estimated to cost less than $1,000,000 may be 28.17 approved without competition provided the plans have been 28.18 considered by the advisory committee described in paragraph 28.19 (h). Plans for projects estimated to cost less than $400,000 28.20 and for construction of streets need not be considered by the 28.21 advisory committee if in conformity with the comprehensive plan. 28.22 (f) Notwithstanding paragraph (e), an architectural 28.23 competition is not required for the design of any light rail 28.24 transit station and alignment within the capitol area. The 28.25 board and its advisory committee shall select a preliminary 28.26 design for any transit station in the capitol area. Each stage 28.27 of any station's design through working drawings must be 28.28 reviewed by the board's advisory committee and approved by the 28.29 board to ensure that the station's design is compatible with the 28.30 comprehensive plan for the capitol area and the board's design 28.31 criteria. The guideway and track design of any light rail 28.32 transit alignment within the capitol area must also be reviewed 28.33 by the board's advisory committee and approved by the board. 28.34 (g) Of the amount available for the light rail transit 28.35 design, adequate funds must be available to the board for design 28.36 framework studies and review of preliminary plans for light rail 29.1 transit alignment and stations in the capitol area. 29.2 (h) The board may not adopt any plan under paragraph (e) 29.3 unless it first receives the comments and criticism of an 29.4 advisory committee of three persons, each of whom is either an 29.5 architect or a planner, who have been selected and appointed as 29.6 follows: one by the board of the arts, one by the board, and 29.7 one by the Minnesota Society of the American Institute of 29.8 Architects. Members of the committee may not be contestants 29.9 under paragraph (e). The comments and criticism must be a 29.10 matter of public information. The committee shall advise the 29.11 board on all architectural and planning matters. For that 29.12 purpose, the committee must be kept currently informed 29.13 concerning, and have access to, all data, including all plans, 29.14 studies, reports and proposals, relating to the area as the data 29.15 are developed or in the process of preparation, whether by the 29.16 commissioner of administration, the commissioner of trade and 29.17 economic development, the metropolitan council, the city of 29.18 Saint Paul, or by any architect, planner, agency or 29.19 organization, public or private, retained by the board or not 29.20 retained and engaged in any work or planning relating to the 29.21 area, and a copy of any data prepared by any public employee or 29.22 agency must be filed with the board promptly upon completion. 29.23 The board may employ stenographic or technical help that 29.24 may be reasonable to assist the committee to perform its duties. 29.25 When so directed by the board, the committee may serve as, 29.26 and any member or members of the committee may serve on, the 29.27 jury or as professional advisor for any architectural 29.28 competition, and the board shall select the architectural 29.29 advisor and jurors for any competition with the advice of the 29.30 committee. 29.31 The city of Saint Paul shall advise the board. 29.32 (i) The comprehensive plan for the area must be developed 29.33 and maintained in close cooperation with the commissioner of 29.34 trade and economic development, the planning department and the 29.35 council for the city of Saint Paul, and the board of the arts, 29.36 and no plan or amendment of a plan may be effective without 90 30.1 days' notice to the planning department of the city of Saint 30.2 Paul and the board of the arts and without a public hearing with 30.3 opportunity for public testimony. 30.4 (j) The board and the commissioner of administration, 30.5 jointly, shall prepare, prescribe, and from time to time revise 30.6 standards and policies governing the repair, alteration, 30.7 furnishing, appearance, and cleanliness of the public and 30.8 ceremonial areas of the state capitol building. The board shall 30.9 consult with and receive advice from the director of the 30.10 Minnesota state historical society regarding the historic 30.11 fidelity of plans for the capitol building. The standards and 30.12 policies developed under this paragraph are binding upon the 30.13 commissioner of administration. The provisions of chapter 14, 30.14 including section 14.386, do not apply to this paragraph. 30.15 (k) The board in consultation with the commissioner of 30.16 administration shall prepare and submit to the legislature and 30.17 the governor no later than October 1 of each even-numbered year 30.18 a report on the status of implementation of the comprehensive 30.19 plan together with a program for capital improvements and site 30.20 development, and the commissioner of administration shall 30.21 provide the necessary cost estimates for the program. The board 30.22 shall report any changes to the comprehensive plan adopted by 30.23 the board to the committee on governmental operations and 30.24 gambling of the house of representatives and the committee on 30.25 governmental operations and reform of the senate and upon 30.26 request shall provide testimony concerning the changes. The 30.27 board shall also provide testimony to the legislature on 30.28 proposals for memorials in the capitol area as to their 30.29 compatibility with the standards, policies, and objectives of 30.30 the comprehensive plan. 30.31 (l) The state shall, by the attorney general upon the 30.32 recommendation of the board and within appropriations available 30.33 for that purpose, acquire by gift, purchase, or eminent domain 30.34 proceedings any real property situated in the area described in 30.35 this section, and it may also acquire an interest less than a 30.36 fee simple interest in the property, if it finds that the 31.1 property is needed for future expansion or beautification of the 31.2 area. 31.3 (m) The board is the successor of the state veterans 31.4 service building commission, and as such may adopt rules and may 31.5 reenact the rules adopted by its predecessor under Laws 1945, 31.6 chapter 315, and amendments to it. 31.7 (n) The board shall meet at the call of the chair and at 31.8 such other times as it may prescribe. 31.9 (o) The commissioner of administration shall assign 31.10 quarters in the state veterans service building to (1) the 31.11 department of veterans affairs, of which a part that the 31.12 commissioner of administration and commissioner of veterans 31.13 affairs may mutually determine must be on the first floor above 31.14 the ground, and (2) the American Legion, Veterans of Foreign 31.15 Wars, Disabled American Veterans, Military Order of the Purple 31.16 Heart, United Spanish War Veterans, and Veterans of World War I, 31.17 and their auxiliaries, incorporated, or when incorporated, under 31.18 the laws of the state, and (3) as space becomes available, to 31.19 other state departments and agencies as the commissioner may 31.20 deem desirable. 31.21 Sec. 45. Minnesota Statutes 1998, section 16A.102, 31.22 subdivision 1, is amended to read: 31.23 Subdivision 1. [GOVERNOR'S RECOMMENDATION.] By the 31.24 fourth MondayTuesday in January of each odd-numbered year, the 31.25 governor shall submit to the legislature a recommended revenue 31.26 target for the next two bienniums. The recommended revenue 31.27 target must specify: 31.28 (1) the maximum share of Minnesota personal income to be 31.29 collected in taxes and other revenues to pay for state and local 31.30 government services; 31.31 (2) the division of the share between state and local 31.32 government revenues; and 31.33 (3) the mix and rates of income, sales, and other state and 31.34 local taxes including property taxes and other revenues. 31.35 The recommendations must be based on the November forecast 31.36 prepared under section 16A.103. 32.1 Sec. 46. Minnesota Statutes 1998, section 16A.11, is 32.2 amended by adding a subdivision to read: 32.3 Subd. 7. [FEES.] The detailed operating budget for each 32.4 executive branch agency must include proposals for any new fees 32.5 or any increases in existing fees. For purposes of this 32.6 section, "fees" has the meaning given in section 16A.1283, but 32.7 excludes charges listed in paragraph (b) of that section. 32.8 Sec. 47. [16A.1283] [LEGISLATIVE APPROVAL REQUIRED.] 32.9 (a) Notwithstanding any law to the contrary, an executive 32.10 branch state agency may not impose a new fee or increase an 32.11 existing fee unless the new fee or increase is approved by law. 32.12 For purposes of this section, a fee is any charge for goods, 32.13 services, regulation, or licensure, and, notwithstanding 32.14 paragraph (b), clause (3), includes charges for admission to or 32.15 for use of public facilities owned by the state. 32.16 (b) This section does not apply to: 32.17 (1) charges billed within or between state agencies, or 32.18 billed to federal agencies; 32.19 (2) the Minnesota state colleges and universities system; 32.20 (3) charges for goods and services provided for the direct 32.21 and primary use of a private individual, business, or other 32.22 entity. 32.23 (c) An executive branch agency may reduce a fee that was 32.24 set by rule before the effective date of this section without 32.25 legislative approval. Chapter 14 does not apply to fee 32.26 reductions under this paragraph. 32.27 Sec. 48. Minnesota Statutes 1998, section 16A.129, 32.28 subdivision 3, is amended to read: 32.29 Subd. 3. [CASH ADVANCES.] When the operations of any 32.30 nongeneral fund account would be impeded by projected cash 32.31 deficiencies resulting from delays in the receipt of grants, 32.32 dedicated income, or other similar receivables, and when the 32.33 deficiencies would be corrected within the budget period 32.34 involved, the commissioner of finance may use general fund cash 32.35 reserves to meet cash demands. If funds are transferred from 32.36 the general fund to meet cash flow needs, the cash flow 33.1 transfers must be returned to the general fund as soon as 33.2 sufficient cash balances are available in the account to which 33.3 the transfer was made. The fund to which general fund cash was 33.4 advanced must pay interest on the cash advance at a rate 33.5 comparable to the rate earned by the state on invested 33.6 treasurer's cash, as determined monthly by the commissioner. An 33.7 amount necessary to pay the interest is appropriated from the 33.8 nongeneral fund to which the cash advance was made. Any 33.9 interest earned on general fund cash flow transfers accrues to 33.10 the general fund and not to the accounts or funds to which the 33.11 transfer was made. The commissioner may advance general fund 33.12 cash reserves to nongeneral fund accounts where the receipts 33.13 from other governmental units cannot be collected within the 33.14 budget period. 33.15 Sec. 49. Minnesota Statutes 1998, section 16A.45, 33.16 subdivision 1, is amended to read: 33.17 Subdivision 1. [CANCEL; CREDIT.] Once each fiscal year the 33.18 commissioner and the treasurer shall cancel upon their books all 33.19 outstanding unpaid commissioner's warrants , except warrants33.20 issued for federal assistance programs,that have been issued 33.21 and delivered for more than six months prior to that date and33.22 credit to the general fund the respective amounts of the33.23 canceled warrantson or before June 30 of the preceding year and 33.24 credit state amounts subject to section 345.43 and federal 33.25 amounts to the appropriate account in the federal fund. These 33.26 warrants are presumed abandoned under section 345.38 and are 33.27 subject to the provisions ofsections 345.31 to 345.60. The33.28 commissioner and the treasurer shall cancel upon their books all33.29 outstanding unpaid commissioner's warrants issued for federal33.30 assistance programs that have been issued and delivered for more33.31 than the period of time set pursuant to the federal program and33.32 credit to the general fund and the appropriate account in the33.33 federal fund, the amount of the canceled warrants.33.34 Sec. 50. Minnesota Statutes 1998, section 16A.85, 33.35 subdivision 1, is amended to read: 33.36 Subdivision 1. [AUTHORIZATION.] The commissioner of 34.1 administration may determine, in conjunction with the 34.2 commissioner of finance, the personal property needs of the 34.3 various state departments, agencies, boards, commissions and the 34.4 legislature of the kinds of property identified in this34.5 subdivisionthat may be economically funded through a master 34.6 lease program and request the commissioner of finance to execute 34.7 a master lease. The master lease may be used only to finance34.8 the following kinds of purchases:34.9 (a) The master lease may be used to finance purchases by34.10 the commissioner of administration with money from an internal34.11 services fund.34.12 (b) The master lease may be used to refinance a purchase of34.13 equipment already purchased under a lease-purchase agreement.34.14 (c) The master lease may be used to finance purchases of34.15 large equipment with a capital value of more than $100,000 and a34.16 useful life of more than ten years.34.17 (d) The legislature may specifically authorize a particular34.18 purchase to be financed using the master lease. The legislature34.19 anticipates that this authorization will be given only to34.20 finance the purchase of major pieces of equipment with a capital34.21 value of more than $10,000.34.22 The commissioner of finance may authorize the sale and 34.23 issuance of certificates of participation relative to a master 34.24 lease in an amount sufficient to fund these personal property 34.25 needs. The term of the certificates must be less than the 34.26 expected useful life of the equipment whose purchase is financed 34.27 by the certificates. The commissioner of administration may use 34.28 the proceeds from the master lease or the sale of the 34.29 certificates of participation to acquire the personal property 34.30 through the appropriate procurement procedure in chapter 16C. 34.31 Money appropriated for the lease or acquisition of this personal 34.32 property is appropriated to the commissioner of finance to make 34.33 master lease payments. 34.34 Sec. 51. Minnesota Statutes 1998, section 16B.03, is 34.35 amended to read: 34.36 16B.03 [APPOINTMENTS.] 35.1 The commissioner is authorized to appoint staff, including 35.2 a deputy commissionertwo deputy commissioners, in accordance 35.3 with chapter 43A. 35.4 Sec. 52. Minnesota Statutes 1998, section 16B.104, is 35.5 amended to read: 35.6 16B.104 [PROCUREMENT REQUIREMENTS.] 35.7 (a) The commissioner , in consultation with the office of35.8 technology,shall develop nonvisual technology access 35.9 standards. The standards must be included in all contracts for 35.10 the procurement of information technology by, or for the use of, 35.11 agencies, political subdivisions, and the Minnesota state 35.12 colleges and universities. The University of Minnesota is 35.13 encouraged to consider similar standards. 35.14 (b) The nonvisual access standards must include the 35.15 following minimum specifications: 35.16 (1) that effective, interactive control and use of the 35.17 technology including the operating system, applications 35.18 programs, prompts, and format of the data presented, are readily 35.19 achievable by nonvisual means; 35.20 (2) that the nonvisual access technology must be compatible 35.21 with information technology used by other individuals with whom 35.22 the blind or visually impaired individual must interact; 35.23 (3) that nonvisual access technology must be integrated 35.24 into networks used to share communications among employees, 35.25 program participants, and the public; and 35.26 (4) that the nonvisual access technology must have the 35.27 capability of providing equivalent access by nonvisual means to 35.28 telecommunications or other interconnected network services used 35.29 by persons who are not blind or visually impaired. 35.30 (c) Nothing in this section requires the installation of 35.31 software or peripheral devices used for nonvisual access when 35.32 the information technology is being used by individuals who are 35.33 not blind or visually impaired. 35.34 Sec. 53. Minnesota Statutes 1998, section 16B.24, 35.35 subdivision 5, is amended to read: 35.36 Subd. 5. [RENTING OUT STATE PROPERTY.] (a) [AUTHORITY.] 36.1 The commissioner may rent out state property, real or personal, 36.2 that is not needed for public use, if the rental is not 36.3 otherwise provided for or prohibited by law. The property may 36.4 not be rented out for more than five years at a time without the 36.5 approval of the state executive council and may never be rented 36.6 out for more than 25 years. A rental agreement may provide that 36.7 the state will reimburse a tenant for a portion of capital 36.8 improvements that the tenant makes to state real property if the 36.9 state does not permit the tenant to renew the lease at the end 36.10 of the rental agreement. 36.11 (b) [RESTRICTIONS.] Paragraph (a) does not apply to state 36.12 trust fund lands, other state lands under the jurisdiction of 36.13 the department of natural resources, lands forfeited for 36.14 delinquent taxes, lands acquired under section 298.22, or lands 36.15 acquired under section 41.56 which are under the jurisdiction of 36.16 the department of agriculture. 36.17 (c) [FORT SNELLING CHAPEL; RENTAL.] The Fort Snelling 36.18 Chapel, located within the boundaries of Fort Snelling State 36.19 Park, is available for use only on payment of a rental fee. The 36.20 commissioner shall establish rental fees for both public and 36.21 private use. The rental fee for private use by an organization 36.22 or individual must reflect the reasonable value of equivalent 36.23 rental space. Rental fees collected under this section must be 36.24 deposited in the general fund. 36.25 (d) [RENTAL OF LIVING ACCOMMODATIONS.] The commissioner 36.26 shall establish rental rates for all living accommodations 36.27 provided by the state for its employees. Money collected as 36.28 rent by state agencies pursuant to this paragraph must be 36.29 deposited in the state treasury and credited to the general fund. 36.30 (e) [LEASE OF SPACE IN CERTAIN STATE BUILDINGS TO STATE 36.31 AGENCIES.] The commissioner may lease portions of the 36.32 state-owned buildings in the capitol complex, the capitol square 36.33 building, the health building, the Duluth government center, and 36.34 the building at 1246 University Avenue, St. Paul, Minnesota, to 36.35 state agencies and the court administrator on behalf of the 36.36 judicial branch of state government and charge rent on the basis 37.1 of space occupied. Notwithstanding any law to the contrary, all 37.2 money collected as rent pursuant to the terms of this section 37.3 shall be deposited in the state treasury. Money collected as 37.4 rent to recover the depreciation andbond interest costs of a 37.5 building funded from the state bond proceeds fund shall be 37.6 credited to the general fund. Money collected as rent to 37.7 recover the depreciation costs of a building funded from the 37.8 state bond proceeds fund and money collected as rent to recover 37.9 capital expenditures from capital asset preservation and 37.10 replacement appropriations and statewide building access 37.11 appropriations shall be credited to a segregated account in a 37.12 special revenue fund. Money in the account is appropriated to 37.13 the commissioner to be expended for asset preservation projects 37.14 as determined by the commissioner. Money collected as rent to 37.15 recover the depreciation and interest costs of a building built 37.16 with other state dedicated funds shall be credited to the 37.17 dedicated fund which funded the original acquisition or 37.18 construction. All other money received shall be credited to the 37.19 general services revolving fund. 37.20 Sec. 54. Minnesota Statutes 1998, section 16B.31, 37.21 subdivision 2, is amended to read: 37.22 Subd. 2. [APPROPRIATIONS.] Plans must be paid for out of 37.23 money appropriated for the purpose of improving or constructing 37.24 the building. No part of the balance may be expended until the 37.25 commissioner has secured suitable plans and specifications, 37.26 prepared by a competent architect or engineer, and accompanied 37.27 by a detailed statement of the cost, quality, and description of 37.28 all material and labor required for the completion of the work. 37.29 No plan may be adopted, and no improvement made or building 37.30 constructed by the commissioner or any other agency to whom an 37.31 appropriation is made for a capital improvement, that 37.32 contemplates the expenditure for its completion of more money 37.33 than the appropriation for it, unless otherwise provided in this 37.34 section or the act making the appropriation. The 37.35 commissioner or other agency may not direct or permit any 37.36 expenditure beyond that appropriated, and any agent of the 38.1 commissioner violating this provision is guilty of a gross 38.2 misdemeanor. 38.3 Sec. 55. Minnesota Statutes 1998, section 16B.32, 38.4 subdivision 2, is amended to read: 38.5 Subd. 2. [ENERGY CONSERVATION GOALS; EFFICIENCY PROGRAM.] 38.6 (a) The commissioner of administration in consultation with the 38.7 department of public service, in cooperation with one or more 38.8 public utilities or comprehensive energy services providers, may 38.9 conduct a shared-savings program involving energy conservation 38.10 expenditures on state-owned buildings. The public utility or 38.11 energy services provider shall contract with appropriate state 38.12 agencies to implement energy efficiency improvements in the 38.13 selected buildings. A contract must require the public utility 38.14 or energy services provider to include all energy efficiency 38.15 improvements in selected buildings that are calculated to 38.16 achieve a cost payback within ten years. The contract must 38.17 require that the public utility or energy services provider be 38.18 repaid solely from energy cost savings and only to the extent of 38.19 energy cost savings. Repayments must be interest-free. The 38.20 goal of the program in this paragraph is to demonstrate that 38.21 through effective energy conservation the total energy 38.22 consumption per square foot of state-owned and wholly 38.23 state-leased buildings could be reduced by at least 25 percent 38.24 from consumption in the base year of 1990. All agencies 38.25 participating in the program must report to the commissioner of 38.26 administration their monthly energy usage, building schedules, 38.27 inventory of energy-consuming equipment, and other information 38.28 as needed by the commissioner to manage and evaluate the program. 38.29 (b) The commissioner may exclude from the program of 38.30 paragraph (a) a building in which energy conservation measures 38.31 are carried out. "Energy conservation measures" means measures 38.32 that are applied to a state building that improve energy 38.33 efficiency and have a simple return of investment in ten years 38.34 or within the remaining period of a lease, whichever time is 38.35 shorter, and involves energy conservation, conservation 38.36 facilities, renewable energy sources, improvements in operations 39.1 and maintenance efficiencies, or retrofit activities. 39.2 (c) This subdivision expires January 1, 2001. 39.3 Sec. 56. Minnesota Statutes 1998, section 16B.415, is 39.4 amended to read: 39.5 16B.415 [OPERATION OF INFORMATION SYSTEMS.] 39.6 The commissioner, through a division of technology 39.7 management, is responsible for ongoing operations of state 39.8 agency information technology activities. These include records 39.9 management, activities relating to the Government Data Practices 39.10 Act, operation ofadministering the state information 39.11 infrastructure, and activities necessary to make state 39.12 information systems year 2000 compliant. 39.13 Sec. 57. Minnesota Statutes 1998, section 16B.42, 39.14 subdivision 1, is amended to read: 39.15 Subdivision 1. [COMPOSITION.] The intergovernmental 39.16 information systems advisory council is composed of (1) two 39.17 members from each of the following groups: counties outside of 39.18 the seven-county metropolitan area, cities of the second and 39.19 third class outside the metropolitan area, cities of the second 39.20 and third class within the metropolitan area, and cities of the 39.21 fourth class; (2) one member from each of the following groups: 39.22 the metropolitan council, an outstate regional body, counties 39.23 within the metropolitan area, cities of the first class, school 39.24 districts in the metropolitan area, school districts outside the 39.25 metropolitan area, and public libraries; (3) one member each 39.26 appointed by the state departments of children, families, and 39.27 learning, human services, revenue, and economic security, the 39.28 office of strategic and long-range planning, office of39.29 technology,administration, and the legislative auditor; (4) one 39.30 member from the office of the state auditor, appointed by the 39.31 auditor; (5) one member appointed by each of the following 39.32 organizations: League of Minnesota Cities, Association of 39.33 Minnesota Counties, Minnesota Association of Township Officers, 39.34 and Minnesota Association of School Administrators; and (6) one 39.35 member of the house of representatives appointed by the speaker 39.36 and one member of the senate appointed by the subcommittee on 40.1 committees of the committee on rules and administration. The 40.2 legislative members appointed under clause (6) are nonvoting 40.3 members. The commissioner of administration shall appoint 40.4 members under clauses (1) and (2). The terms, compensation, and 40.5 removal of the appointed members of the advisory council are as 40.6 provided in section 15.059, but the council does not expire 40.7 until June 30, 19992000. 40.8 Sec. 58. Minnesota Statutes 1998, section 16B.46, is 40.9 amended to read: 40.10 16B.46 [TELECOMMUNICATION; POWERS.] 40.11 The commissioner shall supervise and control the leasing of 40.12 all state telecommunication facilitiesservices including any 40.13 transmission, emission, or reception of signs, signals, writing, 40.14 images, and sounds or intelligence of any nature by wire, radio, 40.15 optical, or other electromagnetic systems. Nothing in this 40.16 section or section 16B.465 modifies, amends, or abridges any 40.17 powers and duties presently vested in or imposed upon the 40.18 commissioner of transportation or the commissioner of public 40.19 safety relating to telecommunications facilities or the 40.20 commissioner of transportation relating only to radio air 40.21 navigation facilities or other air navigation facilities. 40.22 Sec. 59. Minnesota Statutes 1998, section 16B.465, is 40.23 amended to read: 40.24 16B.465 [STATE INFORMATION INFRASTRUCTURE.] 40.25 Subdivision 1. [PURPOSE.] (a) The state of Minnesota and 40.26 its departments and agencies are urged to seek ways to encourage 40.27 the growth of the private sector in the area of 40.28 telecommunications and not pursue policies that restrict market 40.29 opportunities for the private sector. The state may provide 40.30 only those telecommunication services that are not available 40.31 through the private sector. 40.32 (b) This section does not preclude the state from 40.33 purchasing, owning, or leasing customer premises equipment. 40.34 Customer premises equipment consists of terminal and associated 40.35 equipment and inside wire located at an end user's premises and 40.36 connected with communication channels at the point established 41.1 in a building or a complex to separate customer equipment from 41.2 the network. Customer premises equipment also includes, but is 41.3 not limited to communications devices eligible for distribution 41.4 to communication impaired persons under section 237.51, 41.5 subdivision 1. 41.6 (c) This section does not prohibit the state from operating 41.7 and staffing a network operations center that allows the state 41.8 to test, troubleshoot and maintain network operations. 41.9 Subdivision 1Subd. 1a. [CREATION.] The state information 41.10 infrastructure providesshall arrange for the provision of 41.11 leased voice, data, video, and other telecommunications 41.12 transmission services to state agencies; educational 41.13 institutions, including public schools as defined in section 41.14 120A.05, subdivisions 9, 11, 13, and 17, nonpublic, church or 41.15 religious organization schools that provide instruction in 41.16 compliance with sections 120A.22, 120A.24, and 124A.41, and 41.17 private colleges; public corporations; and state political 41.18 subdivisions. It is not a telephone company for purposes of 41.19 chapter 237. The state shall not purchase, own, or lease any 41.20 telecommunication network facilities or equipment unless the 41.21 state has sought bids or proposals and has determined that the 41.22 private sector cannot provide the services as bid or proposed by 41.23 the state using the facilities or equipment in a cost-effective 41.24 manner. It shall not resell or sublease any services or 41.25 facilities to nonpublic entities except it may serve private 41.26 schools and colleges. The commissioner has the responsibility 41.27 for planning, development, and operations of the state 41.28 information infrastructure in order to provide 41.29 cost-effective leased telecommunications transmission services 41.30 to state information infrastructure users. For purposes of this 41.31 section, "state information infrastructure" means the network 41.32 facilities and telecommunications services provided by the state 41.33 or through contracts administered by the commissioner. 41.34 Subd. 3. [DUTIES.] (a) The commissioner , after41.35 consultation with the office of technology,shall: 41.36 (1) providenegotiate, enter into, and administer contracts 42.1 for voice, data, video, and other leased telecommunications 42.2 transmissionservices to the state and to political subdivisions 42.3 through an account in the intertechnologies revolving fund; 42.4 (2) manage vendor relationships , network function,and 42.5 capacity planning in order to be responsive to the needs of the 42.6 state information infrastructure users; 42.7 (3) set rates and fees for services; 42.8 (4) approve contracts for leased services relating to the 42.9 system; 42.10 (5) in consultation with the office of technology,develop 42.11 the systema plan , including plansfor thephasing of its42.12 implementation and maintenance of the initial systemout the 42.13 provision of telecommunications services and network operations, 42.14 except as provided in paragraph (b), and for the annual program 42.15 and fiscal plans for the leased system; and 42.16 (6) in consultation with the office of technology,the 42.17 department of children, families, and learning in regard to 42.18 schools, assist state agencies, political subdivisions of the 42.19 state, and higher education institutions, including private 42.20 colleges and public and private schools, to identify their 42.21 telecommunication needs, and develop a planplans for 42.22 interconnection ofthe provision of leased telecommunications 42.23 services and equipment to ensure the integration of these needs 42.24 into an interoperable statewide network with private colleges42.25 and public and private schools in the state. 42.26 (b) The commissioner may purchase, own, operate, or lease 42.27 telecommunication network facilities or equipment if the 42.28 commissioner has sought bids or proposals and has determined 42.29 that the private sector cannot provide services that the state 42.30 intends to provide using the facilities or equipment in a 42.31 cost-effective manner. 42.32 (c) The commissioner, in consultation with the office of 42.33 technology and the department of children, families, and 42.34 learning in regard to schools, when requested, may assist state 42.35 agencies, political subdivisions of the state, and higher 42.36 education institutions, including private colleges and public 43.1 and private schools, in identifying, purchasing, or leasing 43.2 their customer premises equipment. 43.3 Subd. 4. [PROGRAM PARTICIPATION.] (a)The commissioner may 43.4 require the participationsecure bids or proposals for services 43.5 from private sector vendors to serve the needs of state 43.6 agencies, the state board of education, andthe board of 43.7 trustees of the Minnesota state colleges and universities, 43.8 and may request the participation ofthe board of regents of the 43.9 University of Minnesota , in the planning and implementation of43.10 the network to provide interconnective technologies. 43.11 Alternatively, those entities may seek bids or proposals for 43.12 services directly from private sector vendors with the advice of 43.13 the commissioner. The commissioner's advice is not binding on 43.14 these entities. 43.15 Subd. 4a. [RATES.] The commissioner shall establish 43.16 reimbursement rates in cooperation with the commissioner of 43.17 finance to be billed to participating agencies and educational 43.18 institutions sufficient to cover the operating, maintenance, and 43.19 administrative costs of the systemleased services. 43.20 (b) A direct appropriation made to an educational43.21 institution for usage costs associated with the state43.22 information infrastructure must only be used by the educational43.23 institution for payment of usage costs of the network as billed43.24 by the commissioner of administration.43.25 Subd. 6. [APPROPRIATION.] Money appropriated for the state 43.26 information infrastructure and fees for leased 43.27 telecommunications services must be deposited in an account in 43.28 the intertechnologies fund. Money in the account is 43.29 appropriated annually to the commissioner to operate43.30 telecommunications servicescarry out the purposes of this 43.31 section. 43.32 Subd. 7. [EXEMPTION.] The system is exempt from the 43.33 five-year limitation on contracts set by sections 16C.05, 43.34 subdivision 2, paragraph (a), clause (5), 16C.08, subdivision 3, 43.35 clause (7), and 16C.09, clause (6). 43.36 Sec. 60. [16B.616] [BLEACHER SAFETY.] 44.1 Subdivision 1. [DEFINITIONS.] (a) For purposes of this 44.2 section, the following terms have the meanings given. 44.3 (b) "Place of public accommodation" means a public or 44.4 privately owned sports or entertainment arena, gymnasium, 44.5 auditorium, stadium, hall, special event center in a public 44.6 park, or other facility for public assembly. 44.7 (c) "Bleacher" refers to any tiered or stepped seating 44.8 facility, whether temporary or permanent, used in a place of 44.9 public accommodation for the seating of its occupants. 44.10 Subd. 2. [APPLICATION.] All places of public accommodation 44.11 must comply with the provisions of this section. 44.12 Subd. 3. [SAFETY REQUIREMENTS.] In places of public 44.13 accommodation using bleacher seating, all bleachers or bleacher 44.14 open spaces over 30 inches above grade or the floor below, must 44.15 conform to the following safety requirements: 44.16 (1) the open space between bleacher footboards, seats, and 44.17 guardrails must not exceed four inches, unless approved safety 44.18 nets are installed; 44.19 (2) bleachers must have vertical perimeter guardrails with 44.20 no more than four-inch rail spacing between vertical rails or 44.21 other approved guardrails that address climbability and are 44.22 designed to prevent accidents; and 44.23 (3) the state building official shall determine whether the 44.24 safety nets and guardrail climbability meet the requirements of 44.25 the alternate design section of the State Building Code. 44.26 Bleachers in existence on January 1, 2001, must comply with 44.27 the structural provisions of the 1998 State Building Code. All 44.28 new bleachers manufactured, installed, sold, or distributed 44.29 after January 1, 2001, must comply with the State Building Code 44.30 in effect and clauses (1), (2), and (3). 44.31 Subd. 4. [ENFORCEMENT.] (a) A statutory or home rule 44.32 charter city that is not covered by the code because of action 44.33 taken under section 16B.72 or 16B.73 is responsible for 44.34 enforcement in the city of the code's requirements for bleacher 44.35 safety. In all other areas where the code does not apply 44.36 because of action taken under section 16B.72 or 16B.73, the 45.1 county is responsible for enforcement of those requirements. 45.2 (b) Municipalities that have not adopted the code may 45.3 enforce the code requirements for bleacher safety by either 45.4 entering into a joint powers agreement for enforcement with 45.5 another municipality that has adopted the code or contracting 45.6 for enforcement with a qualified and certified building official 45.7 or state licensed design professional to enforce the code. 45.8 (c) Municipalities, school districts, organizations, 45.9 individuals, and other persons operating or owning places of 45.10 public accommodation with bleachers shall provide a signed 45.11 certification of compliance to the commissioner by January 1, 45.12 2001. The certification shall be prepared by a qualified and 45.13 certified building official or state licensed design 45.14 professional and shall certify that the bleachers have been 45.15 inspected and are in compliance with the requirements of this 45.16 section and are structurally sound. 45.17 Subd. 5. [PENALTIES.] The commissioner, in addition to 45.18 other remedies provided for violations of this chapter, shall 45.19 forbid use of bleachers not in compliance with this section. 45.20 Subd. 6. [PERIODIC INSPECTIONS.] Bleacher footboards and 45.21 guardrails must be reinspected at least every five years and a 45.22 structural inspection must be made at least every ten years. 45.23 Inspections may be completed in the same manner as provided in 45.24 subdivision 4. This section does not preclude a municipal 45.25 authority from establishing additional reinspections under the 45.26 State Building Code. 45.27 Sec. 61. Minnesota Statutes 1998, section 16B.72, is 45.28 amended to read: 45.29 16B.72 [REFERENDA ON STATE BUILDING CODE IN NONMETROPOLITAN 45.30 COUNTIES.] 45.31 Notwithstanding any other provision of law to the contrary, 45.32 a county that is not a metropolitan county as defined by section 45.33 473.121, subdivision 4, may provide, by a vote of the majority 45.34 of its electors residing outside of municipalities that have 45.35 adopted the State Building Code before January 1, 1977, that no 45.36 part of the State Building Code except the building requirements 46.1 for handicapped persons, the requirements for bleacher safety, 46.2 and the requirements for elevator safety applies within its 46.3 jurisdiction. 46.4 The county board may submit to the voters at a regular or 46.5 special election the question of adopting the building code. 46.6 The county board shall submit the question to the voters if it 46.7 receives a petition for the question signed by a number of 46.8 voters equal to at least five percent of those voting in the 46.9 last general election. The question on the ballot must be 46.10 stated substantially as follows: 46.11 "Shall the State Building Code be adopted in .......... 46.12 County?" 46.13 If the majority of the votes cast on the proposition is in 46.14 the negative, the State Building Code does not apply in the 46.15 subject county, outside home rule charter or statutory cities or 46.16 towns that adopted the building code before January 1, 1977, 46.17 except the building requirements for handicapped persons, the 46.18 requirements for bleacher safety, and the requirements for 46.19 elevator safety do apply. 46.20 Nothing in this section precludes a municipality or town 46.21 that has not adopted the State Building Code from adopting and 46.22 enforcing by ordinance or other legal means the State Building 46.23 Code within its jurisdiction. 46.24 Sec. 62. Minnesota Statutes 1998, section 16B.73, is 46.25 amended to read: 46.26 16B.73 [STATE BUILDING CODE IN MUNICIPALITIES UNDER 2,500; 46.27 LOCAL OPTION.] 46.28 The governing body of a municipality whose population is 46.29 less than 2,500 may provide that the State Building Code, except 46.30 the requirements for handicapped persons, the requirements for 46.31 bleacher safety, and the requirements for elevator safety, will 46.32 not apply within the jurisdiction of the municipality, if the 46.33 municipality is located in whole or in part within a county 46.34 exempted from its application under section 16B.72. If more 46.35 than one municipality has jurisdiction over an area, the State 46.36 Building Code continues to apply unless all municipalities 47.1 having jurisdiction over the area have provided that the State 47.2 Building Code, except the requirements for handicapped persons, 47.3 the requirements for bleacher safety, and the requirements for 47.4 elevator safety, does not apply within their respective 47.5 jurisdictions. Nothing in this section precludes a municipality 47.6 or town from adopting and enforcing by ordinance or other legal 47.7 means the State Building Code within its jurisdiction. 47.8 Sec. 63. [16C.065] [COST-BENEFIT ANALYSIS.] 47.9 (a) The commissioner or an agency official to whom the 47.10 commissioner has delegated duties under section 16C.03, 47.11 subdivision 16, may not approve a contract or purchase of goods 47.12 or services in an amount greater than $5,000,000 unless a 47.13 cost-benefit analysis has been completed and shows a positive 47.14 benefit to the public. The management analysis division must 47.15 perform or direct the performance of the analysis. A 47.16 cost-benefit analysis must be performed for a project if an 47.17 aggregation of contracts or purchases for a project exceeds 47.18 $5,000,000. 47.19 (b) All cost-benefit analysis documents under this section, 47.20 including preliminary drafts and notes, are public data. 47.21 (c) If a cost-benefit analysis does not show a positive 47.22 benefit to the public, the governor may approve a contract or 47.23 purchase of goods or services if a cost-effectiveness study had 47.24 been done that shows the proposed project is the most effective 47.25 way to provide a necessary public good. 47.26 (d) This section applies to contracts for goods or services 47.27 that are expected to have a useful life of more than three 47.28 years. This section does not apply for purchase of goods or 47.29 services for response to a natural disaster if an emergency has 47.30 been declared by the governor. 47.31 Sec. 64. Minnesota Statutes 1998, section 16C.14, 47.32 subdivision 1, is amended to read: 47.33 Subdivision 1. [CONTRACT CONDITIONS.] The commissioner may 47.34 contract to purchase by installment payments capital or other 47.35 equipment or services intended to improve the energy efficiency 47.36 of a state building or facility if: 48.1 (1) the term of the contract does not exceed ten years, 48.2 with not more than a ten-year payback beginning at the 48.3 completion of the project; 48.4 (2) the entire cost of the contract is a percentage of the 48.5 resultant savings in energy costs only. "Savings in energy cost" 48.6 means a comparison of energy cost and energy usage under the 48.7 precontract conditions, including reasonable projections of 48.8 energy cost and usage if no change is made to the precontract 48.9 conditions, against energy cost and usage with the changes made 48.10 under the contract. If it is impractical to directly measure 48.11 energy cost and/or energy usage, reasonable engineering 48.12 estimates may be substituted for measured results; 48.13 (3) the contract for purchase must be completed using a 48.14 solicitation; 48.15 (4) the commissioner has determined that the contract 48.16 vendor is a responsible vendor; 48.17 (5) the contract vendor can finance or obtain financing for 48.18 the performance of the contract without state assistance or 48.19 guarantee; and 48.20 (6) the state may unilaterally cancel the agreement if the 48.21 legislature fails to appropriate funds to continue the contract 48.22 or if the contractor at any time during the term of the contract 48.23 fails to perform its contractual obligations, including failure 48.24 to deliver or install equipment or materials, failure to replace 48.25 faulty equipment or materials in a timely fashion, and failure 48.26 to maintain the equipment as agreed in the contract. 48.27 Sec. 65. Minnesota Statutes 1998, section 16D.04, 48.28 subdivision 2, is amended to read: 48.29 Subd. 2. [AGENCY PARTICIPATION.] (a) A state agency may, 48.30 at its option, refer debts to the commissioner for collection. 48.31 The ultimate responsibility for the debt, including the 48.32 reporting of the debt to the commissioner of finance and the 48.33 decision with regard to the continuing collection and 48.34 uncollectibility of the debt, remains with the referring state 48.35 agency. 48.36 (b) When a debt owed to a state agency becomes 121 days 49.1 past due, the state agency must refer the debt to the 49.2 commissioner for collection. This requirement does not apply if 49.3 there is a dispute over the amount or validity of the debt, if 49.4 the debt is the subject of legal action or administrative 49.5 proceedings, or the agency determines that the debtor is 49.6 adhering to acceptable payment arrangements. The commissioner, 49.7 in consultation with the commissioner of finance, may provide 49.8 that certain types of debt need not be referred to the 49.9 commissioner for collection under this paragraph. Methods and 49.10 procedures for referral must follow internal guidelines prepared 49.11 by the commissioner of finance. 49.12 Sec. 66. Minnesota Statutes 1998, section 16E.01, 49.13 subdivision 1, is amended to read: 49.14 Subdivision 1. [PURPOSE.] The office of technology, 49.15 referred to in this chapter as the "office," is an agency in the49.16 executive branch managed by an executive director appointed by49.17 the governorunder the supervision of the commissioner of 49.18 administration. The office shall provide leadership and 49.19 direction for information and communications technology policy 49.20 in Minnesota. The office shall coordinate strategic investments 49.21 in information and communications technology to encourage the 49.22 development of a technically literate society and to ensure 49.23 sufficient access to and efficient delivery of government 49.24 services. 49.25 Sec. 67. Minnesota Statutes 1998, section 16E.02, is 49.26 amended to read: 49.27 16E.02 [OFFICE OF TECHNOLOGY STRUCTURE AND PERSONNEL.] 49.28 Subdivision 1. [OFFICE MANAGEMENT AND STRUCTURE.] The 49.29 executive directorcommissioner of administration is the state's 49.30 chief information officer and technology advisor to the 49.31 governor. The salary of the executive director may not exceed49.32 85 percent of the governor's salary. The executive director may49.33 employ a deputy director, assistant directors, and other49.34 employees that the executive director may consider necessary.49.35 The executive director and the deputy and assistant directors49.36 and one confidential secretary serve in the unclassified50.1 service.The staff of the office must include individuals 50.2 knowledgeable in information and communications technology. The50.3 executive director may appoint other personnel as necessary to50.4 operate the office of technology in accordance with chapter 43A.50.5 Subd. 2. [INTERGOVERNMENTAL PARTICIPATION.] The executive50.6 directorcommissioner of administration or the director's50.7 commissioner's designee shall serve as a member of the Minnesota 50.8 education telecommunications council, the geographic information 50.9 systems council, the library planning task force, or their 50.10 respective successor organizations, and as a member of Minnesota 50.11 Technology, Inc., the Minnesota health data institute as a 50.12 nonvoting member, and the Minnesota world trade center 50.13 corporation. 50.14 Sec. 68. Minnesota Statutes 1998, section 16E.08, is 50.15 amended to read: 50.16 16E.08 [BUSINESS LICENSE INFORMATION.] 50.17 The office shall coordinate the design, establishment, 50.18 implementation, and maintenance of an electronic system to allow 50.19 the public to retrieve by computer information prepared by the 50.20 department of trade and economic development bureau of business 50.21 licenses on licenses and their requirements. The office shall 50.22 establish the format and standards for retrieval consistent with 50.23 state information and data interchange policies. The system 50.24 must also be designed to allow the public to apply for and 50.25 obtain business licenses and permits on line. The office shall 50.26 integrate the system with the North Star online information 50.27 system. The office shall work in collaboration with the 50.28 department of trade and economic development bureau of business 50.29 licenses. The bureau is responsible for creating and operating 50.30 the system. 50.31 Sec. 69. Minnesota Statutes 1998, section 43A.047, is 50.32 amended to read: 50.33 43A.047 [CONTRACTED SERVICES.] 50.34 (a) Executive agencies, including the Minnesota state 50.35 colleges and universities system, must demonstrate that they 50.36 cannot use available staff before hiring outside consultants or 51.1 services. If use of consultants is necessary, agencies are 51.2 encouraged to negotiate contracts that will involve permanent 51.3 staff, so as to upgrade and maximize training of state employees. 51.4 (b) If agencies reduce operating budgets, agencies must 51.5 give priority to reducing spending on professional and technical 51.6 service contracts before laying off permanent employees. 51.7 (c) Agencies must report to the senate finance and house51.8 ways and means committeescommissioner of administration by 51.9 AugustNovember 1 each year on implementation of this section 51.10 during the previous fiscal year. The reports must include 51.11 amounts spent on professional and technical service contracts 51.12 during the previous fiscal year. The commissioner shall compile 51.13 the reports into a uniform format and forward them to the chairs 51.14 of the senate finance and house ways and means committees by 51.15 November 15. 51.16 Sec. 70. Minnesota Statutes 1998, section 43A.22, is 51.17 amended to read: 51.18 43A.22 [BENEFITS; INTENT.] 51.19 (a) It is the intent of the state to provide eligible 51.20 employees and other eligible persons with life insurance and 51.21 hospital, medical, and dental benefits coverage through provider 51.22 organizations, hereafter referred to as "carriers," authorized 51.23 to do business in the state. 51.24 (b) The commissioner may self-insure any hospital and 51.25 medical plan offered under sections 43A.22 to 43A.31 to promote 51.26 reasonably stable and predictable premiums for hospital and 51.27 medical benefits paid by the state and its employees and to 51.28 promote affordable, ongoing relationships between employees and 51.29 dependents and their medical providers. The commissioner shall 51.30 consult with the commissioners of commerce and health and human 51.31 services regarding the development and reporting of quality of 51.32 care measures. 51.33 Sec. 71. Minnesota Statutes 1998, section 43A.23, 51.34 subdivision 1, is amended to read: 51.35 Subdivision 1. [GENERAL.] The commissioner is authorized 51.36 to request bids from carriers or to negotiate with carriers and 52.1 to enter into contracts with carriers which in the judgment of 52.2 the commissioner are best qualified to underwrite and service 52.3 the benefit plans. Contracts entered into with carriers are not 52.4 subject to the requirements of sections 16C.16 to 16C.19. The 52.5 commissioner may negotiate premium rates and coverage provisions 52.6 with all carriers licensed under chapters 62A, 62C, and 62D. 52.7 The commissioner may also negotiate reasonable restrictions to 52.8 be applied to all carriers under chapters 62A, 62C, and 62D. 52.9 Contracts to underwrite the benefit plans must be bid or 52.10 negotiated separately from contracts to service the benefit 52.11 plans, which may be awarded only on the basis of competitive 52.12 bids. The commissioner shall consider the cost of the plans, 52.13 conversion options relating to the contracts, service 52.14 capabilities, character, financial position, and reputation of 52.15 the carriers, and any other factors which the commissioner deems 52.16 appropriate. Each benefit contract must be for a uniform term 52.17 of at least one year, but may be made automatically renewable 52.18 from term to term in the absence of notice of termination by 52.19 either party. The commissioner shall, to the extent feasible, 52.20 make hospital and medical benefits available from at least one 52.21 carrier licensed to do business pursuant to each of chapters 52.22 62A, 62C, and 62D. The commissioner need not provide health 52.23 maintenance organization services to an employee who resides in 52.24 an area which is not served by a licensed health maintenance 52.25 organization. The commissioner may refuse to allow a health 52.26 maintenance organization to continue as a carrier. The 52.27 commissioner may elect not to offer all three types of carriers 52.28 if there are no bids or no acceptable bids by that type of 52.29 carrier or if the offering of additional carriers would result 52.30 in substantial additional administrative costs. A carrier 52.31 licensed under chapter 62A is exempt from the tax imposed by 52.32 section 60A.15 on premiums paid to it by the state. 52.33 All self-insured hospital and medical service products must 52.34 comply with coverage mandates, data reporting, and consumer 52.35 protection requirements applicable to the licensed carrier 52.36 administering the product, had the product been insured, 53.1 including chapters 62J, 62M, and 62Q. Any self-insured products 53.2 that limit coverage to a network of providers or provide 53.3 different levels of coverage between network and nonnetwork 53.4 providers shall comply with section 62D.123 and geographic 53.5 access standards for health maintenance organizations adopted by 53.6 the commissioner of health in rule under chapter 62D. 53.7 Sec. 72. Minnesota Statutes 1998, section 43A.23, 53.8 subdivision 2, is amended to read: 53.9 Subd. 2. [CONTRACT TO CONTAIN STATEMENT OF BENEFITS.] (a) 53.10 Each contract under sections 43A.22 to 43A.30 shall contain a 53.11 detailed statement of benefits offered and shall include any 53.12 maximums, limitations, exclusions, and other definitions of 53.13 benefits the commissioner deems necessary or desirable. Each 53.14 hospital and medical benefits contract shall provide benefits at 53.15 least equal to those required by section 62E.06, subdivision 2. 53.16 (b) All summaries of benefits describing the hospital and 53.17 medical service benefits offered to state employees must comply 53.18 with laws and rules for content and clarity applicable to the 53.19 licensed carrier administering the product. Referral procedures 53.20 must be clearly described. The commissioners of commerce and 53.21 health, as appropriate, shall review the summaries of benefits, 53.22 whether written or electronic, and advise the commissioner of 53.23 employee relations on any changes needed to ensure compliance. 53.24 Sec. 73. Minnesota Statutes 1998, section 43A.30, is 53.25 amended by adding a subdivision to read: 53.26 Subd. 6. [CONTINGENCY RESERVE.] The commissioner shall 53.27 maintain a contingency reserve within the employee insurance 53.28 trust fund. The reserve must be used to increase the controls 53.29 over medical plan provisions and insurance costs for the state's 53.30 employee populations. The reserve consists of appropriations 53.31 from the general fund, receipts from billings to agencies, and 53.32 credited investment gains and losses attributable to balances in 53.33 the account. The state board of investment shall invest the 53.34 assets of the account according to section 11A.24. 53.35 Sec. 74. Minnesota Statutes 1998, section 43A.31, 53.36 subdivision 2, is amended to read: 54.1 Subd. 2. [COMMISSIONER REPORTS.] The commissioner shall 54.2 transmit a report each biennium to the legislative commission on 54.3 employee relations concerning the operation of sections 43A.22 54.4 to 43A.30, including a study of local and statewide market 54.5 trends regarding provider concentration, costs, and other 54.6 factors as they may relate to the state's health benefits 54.7 purchasing strategy. The commissioner shall consult with the 54.8 commissioners of commerce and health in the conduct of this 54.9 study. The commissioner shall also report the number, type, and 54.10 disposition of complaints relating to the insurance programs 54.11 offered by the commissioner. 54.12 Sec. 75. Minnesota Statutes 1998, section 43A.31, is 54.13 amended by adding a subdivision to read: 54.14 Subd. 5. [CUSTOMER ASSISTANCE.] The commissioner shall 54.15 employ staff for the purposes of assisting state employees and 54.16 their dependents in: 54.17 (1) understanding their benefits and coverage levels; 54.18 (2) obtaining information and responses to questions 54.19 regarding issues of coverage, benefits, and service from 54.20 carriers and providers; and 54.21 (3) making use of all grievance, appeals, and complaint 54.22 resolution processes provided by law or contract. 54.23 Sec. 76. [43A.318] [PUBLIC EMPLOYEES GROUP LONG-TERM CARE 54.24 INSURANCE PROGRAM.] 54.25 Subdivision 1. [DEFINITIONS.] (a) [SCOPE.] For the 54.26 purposes of this section, the terms defined have the meaning 54.27 given them. 54.28 (b) [ADVISORY COMMITTEE; COMMITTEE.] "Advisory committee" 54.29 or "committee" means the committee created under subdivision 3. 54.30 (c) [COMMITTEE MEMBER; MEMBER.] "Committee member" or 54.31 "member" means a person serving on the advisory committee 54.32 created under subdivision 3. 54.33 (d) [ELIGIBLE PERSON.] "Eligible person" means: 54.34 (1) an active, deferred, or retired member, or an annuitant 54.35 of a public pension plan of the state or a political subdivision 54.36 of the state; 55.1 (2) a public employee or elected official of the state or a 55.2 political subdivision of the state who is not eligible for 55.3 participation in a public employee pension plan of the state or 55.4 a political subdivision of the state; or 55.5 (3) a spouse, parent, stepparent, or parent-in-law of a 55.6 person described in clause (1) or (2), regardless of the 55.7 enrollment status in the program of the person described in 55.8 clause (1) or (2). 55.9 (e) [PROGRAM.] "Program" means the statewide public 55.10 employees long-term care insurance program created under 55.11 subdivision 2. 55.12 (f) [PUBLIC EMPLOYEE PENSION PLAN.] "Public employee 55.13 pension plan" means any Minnesota public pension plan or fund 55.14 that provides pension or retirement coverage for public 55.15 employees other than volunteer firefighters, including any plan 55.16 or fund enumerated in section 356.20, subdivision 2, or 356.30, 55.17 subdivision 3, any local police or firefighter's relief 55.18 association to which section 69.77 applies, or any retirement or 55.19 pension plan or fund, including a supplemental retirement plan 55.20 or fund, established, maintained or supported by any 55.21 governmental subdivision or public body whose revenues are 55.22 derived from taxation, fees, assessments or from other public 55.23 sources. 55.24 (g) [QUALIFIED VENDOR.] "Qualified vendor" means an entity 55.25 licensed or authorized to underwrite, provide, or administer 55.26 group long-term care insurance benefits in Minnesota. 55.27 Subd. 2. [PROGRAM CREATION; GENERAL PROVISIONS.] (a) The 55.28 commissioner may administer a program to make long-term care 55.29 coverage available to eligible persons. The commissioner may 55.30 determine the program's funding arrangements, request bids from 55.31 qualified vendors, and negotiate and enter into contracts with 55.32 qualified vendors. Contracts are not subject to the 55.33 requirements of section 16C.16 or 16C.19. Contracts must be for 55.34 a uniform term of at least one year, but may be made 55.35 automatically renewable from term to term in the absence of 55.36 notice of termination by either party. 56.1 (b) The program may provide coverage for home, community, 56.2 and institutional long-term care and any other benefits as 56.3 determined by the commissioner. Coverage is optional. The 56.4 enrolled eligible person must pay the full cost of the coverage. 56.5 (c) The commissioner shall promote activities that attempt 56.6 to raise awareness of the need for long-term care insurance 56.7 among residents of the state and encourage the increased 56.8 prevalence of long-term care coverage. These activities must 56.9 include the sharing of knowledge gained in the development of 56.10 the program. 56.11 (d) The commissioner may employ and contract with persons 56.12 and other entities to perform the duties under this section and 56.13 may determine their duties and compensation consistent with this 56.14 chapter. 56.15 (e) The benefits provided under this section are not terms 56.16 and conditions of employment as defined under section 179A.03, 56.17 subdivision 19, and are not subject to collective bargaining. 56.18 (f) The commissioner shall establish underwriting criteria 56.19 for entry of all eligible persons into the program. Eligible 56.20 persons who would be immediately eligible for benefits may not 56.21 enroll. 56.22 (g) Eligible persons who meet underwriting criteria may 56.23 enroll in the program upon hiring and at other times established 56.24 by the commissioner. 56.25 (h) An eligible person enrolled in the program may continue 56.26 to participate in the program even if an event, such as 56.27 termination of employment, changes the person's employment 56.28 status. 56.29 (i) Participating public employee pension plans and public 56.30 employers may provide automatic pension or payroll deduction for 56.31 payment of long-term care insurance premiums to qualified 56.32 vendors contracted with under this section. 56.33 (j) The premium charged to program enrollees must include 56.34 an administrative fee to cover all program expenses incurred in 56.35 addition to the cost of coverage. All fees collected are 56.36 appropriated to the commissioner for the purpose of 57.1 administrating the program. 57.2 Subd. 3. [ADVISORY COMMITTEE.] (a) The committee consists 57.3 of: 57.4 (1) the executive directors or designees of the Minnesota 57.5 state retirement system, the public employees retirement 57.6 association, and the teachers retirement association; 57.7 (2) one member of the investment advisory committee of the 57.8 state board of investment provided under section 11A.08 57.9 appointed by the board; 57.10 (3) one staff member of the department of human services 57.11 appointed by the commissioner of human services; 57.12 (4) one staff member of the department of commerce 57.13 appointed by the commissioner of commerce; 57.14 (5) one member of the medical community with clinical 57.15 knowledge of long-term care appointed by the commissioner of 57.16 employee relations; and 57.17 (6) six members representing the interests of eligible 57.18 persons, including exclusive representatives of employees as 57.19 defined by section 179A.03, subdivision 8, and unrepresented 57.20 employees appointed by the commissioner of employee relations. 57.21 (b) Appointment to and removal from the committee must be 57.22 in the manner provided in section 15.059. 57.23 (c) The members of the committee described in paragraph 57.24 (a), clauses (1) to (5), serve without term limits. The terms 57.25 of members described in paragraph (a), clause (6), are governed 57.26 by section 15.059, subdivision 2. 57.27 (d) Members serve without compensation, but are eligible 57.28 for reimbursement of expenses in the same manner and amount as 57.29 authorized under section 43A.18, subdivision 2. 57.30 (e) The committee shall advise the commissioner on program 57.31 issues, including, but not limited to, benefits, coverage, 57.32 funding, eligibility, enrollment, underwriting, and marketing. 57.33 Subd. 4. [LONG-TERM CARE INSURANCE TRUST FUND.] (a) The 57.34 long-term care insurance trust fund in the state treasury 57.35 consists of deposits of the premiums received from persons 57.36 enrolled in the program. All money in the fund is appropriated 58.1 to the commissioner to pay premiums, claims, refunds, 58.2 administrative costs, and other related service costs. The 58.3 commissioner shall reserve an amount of money sufficient to 58.4 cover the actuarially estimated costs of claims incurred but 58.5 unpaid. The trust fund must be used solely for the purpose of 58.6 the program. 58.7 (b) The state board of investment shall invest the money in 58.8 the fund according to section 11A.24. Investment income and 58.9 losses attributable to the fund must be credited to or deducted 58.10 from the fund. 58.11 Subd. 5. [PRIVATE SOURCES.] This section does not prohibit 58.12 or limit individuals or local governments from purchasing 58.13 long-term care insurance through other private sources. 58.14 Sec. 77. Minnesota Statutes 1998, section 138.17, 58.15 subdivision 7, is amended to read: 58.16 Subd. 7. [RECORDS MANAGEMENT PROGRAM.] A records 58.17 management program for the application of efficient and 58.18 economical management methods to the creation, utilization, 58.19 maintenance, retention, preservation, and disposal of official 58.20 records shall be administered by the commissioner of 58.21 administration with assistance from the director of the 58.22 historical society. The state records center which stores and 58.23 services state records not in state archives shall be 58.24 administered by the commissioner of administration. The 58.25 commissioner of administration is empowered to (1) establish 58.26 standards, procedures, and techniques for effective management 58.27 of government records, (2) make continuing surveys of paper work 58.28 operations, and (3) recommend improvements in current records 58.29 management practices including the use of space, equipment, and 58.30 supplies employed in creating, maintaining, preserving and 58.31 disposing of government records. It shall be the duty of the 58.32 head of each state agency and the governing body of each county, 58.33 municipality, and other subdivision of government to cooperate 58.34 with the commissioner in conducting surveys and to establish and 58.35 maintain an active, continuing program for the economical and 58.36 efficient management of the records of each agency, county, 59.1 municipality, or other subdivision of government. When 59.2 requested by the commissioner, public officials shall assist in 59.3 the preparation of an inclusive inventory of records in their 59.4 custody, to which shall be attached a schedule, approved by the 59.5 head of the governmental unit or agency having custody of the 59.6 records and the commissioner, establishing a time period for the 59.7 retention or disposal of each series of records. When the 59.8 schedule is unanimously approved by the records disposition 59.9 panel, the head of the governmental unit or agency having 59.10 custody of the records may dispose of the type of records listed 59.11 in the schedule at a time and in a manner prescribed in the 59.12 schedule for particular records which were created after the 59.13 approval. A list of records disposed of pursuant to this 59.14 subdivision shall be forwarded to the commissioner and the 59.15 archivist by the head of the governmental unit or agency. The 59.16 archivist shall maintain a list of all records destroyed. 59.17 Sec. 78. Minnesota Statutes 1998, section 138.17, 59.18 subdivision 8, is amended to read: 59.19 Subd. 8. [EMERGENCY RECORDS PRESERVATION.] In light of the 59.20 danger of nuclear or natural disaster, the commissioner of 59.21 administration, with the assistance of the director of the 59.22 historical society, shall establish and maintain a program for 59.23 the selection and preservation of public records considered 59.24 essential to the operation of government and to the protection 59.25 of the rights and interests of persons, and shall make or cause 59.26 to be made preservation duplicates or designate as preservation 59.27 duplicates existing copies of such essential public records. 59.28 Preservation duplicates shall be durable, accurate, complete, 59.29 and clear, and such duplicates reproduced by photographic or 59.30 other process which accurately reproduces and forms a durable 59.31 medium for so reproducing the original shall have the same force 59.32 and effect for all purposes as the original record whether the 59.33 original record is in existence or not. A transcript, 59.34 exemplification, or certified copy of such preservation 59.35 duplicate shall be deemed for all purposes to be a transcript, 59.36 exemplification, or certified copy of the original record. Such 60.1 preservation duplicates shall be preserved in the place and 60.2 manner of safekeeping prescribed by the commissioner. 60.3 Every county, municipality, or other subdivision of 60.4 government may institute a program for the preservation of 60.5 necessary documents essential to the continuity of government. 60.6 Such a program shall first be submitted to the commissioner for 60.7 approval or disapproval and no such program shall be instituted 60.8 until such approval is obtained. 60.9 Sec. 79. Minnesota Statutes 1998, section 192.49, 60.10 subdivision 3, is amended to read: 60.11 Subd. 3. [ALLOWANCES FOR MILITARY EXPENSE.] (a) Allowances 60.12 for the necessary military expenses of all organizations, units, 60.13 or detachments of the military forces, including clerk hire, 60.14 office supplies, postage, and other actual outlay, shallmay be 60.15 paid by the adjutant general out of the funds appropriated for 60.16 the maintenance of the military forces , such. These allowances 60.17 annually may not toexceed: 60.18 (1) for the state headquarters and for the division 60.19 headquarters when located in this state $2,000$2,500 each; 60.20 (2) $3,000 a yearfor the commanding general of troops; 60.21 (3) for any other organization commanded by a general 60.22 officer $1,000 plus $100 for each immediately and directly60.23 subordinate organization or unit$2,200; 60.24 (4) for any brigade, group, battalion, squadron, or 60.25 equivalent organization $200$500 plus $100 for each immediately 60.26 and directly subordinate organization or unit; and $30060.27 (5) $600 for incidental expenses of each company, battery, 60.28 or detachment ; and at the time of the annual encampment or60.29 maneuvers, for each division or camp headquarters mess $200; for60.30 each officers' mess of a regiment, group, or higher headquarters60.31 $200; and for the officers' mess of each battalion or equivalent60.32 headquarters $100. 60.33 (b) Allowances authorized under this section shall be 60.34 expended and accounted for as prescribed by the 60.35 commander-in-chief in orders or rulesadjutant general. 60.36 Sec. 80. Minnesota Statutes 1998, section 197.79, 61.1 subdivision 10, is amended to read: 61.2 Subd. 10. [DEADLINE FOR APPLICATIONS.] The application 61.3 period for the bonus program established in this section shall 61.4 be November 1, 1997, to June 30, 19992001. The department may 61.5 not receive or accept new applications after June 30, 19992001. 61.6 Sec. 81. Minnesota Statutes 1998, section 202A.18, is 61.7 amended by adding a subdivision to read: 61.8 Subd. 2a. [PREFERENCE BALLOT.] Prior to the opening of 61.9 nominations for the election of permanent offices and delegates, 61.10 a ballot must be distributed to permit caucus participants to 61.11 indicate their preference for the offices of president of the 61.12 United States or governor. The results of preference voting 61.13 must be reported to the secretary of state immediately upon 61.14 conclusion of the voting, in the manner provided by the 61.15 secretary of state. The secretary of state shall provide the 61.16 appropriate forms to the party for reporting the results. 61.17 Sec. 82. Minnesota Statutes 1998, section 202A.20, 61.18 subdivision 2, is amended to read: 61.19 Subd. 2. [REPORTING CAUCUS RESULTS.] The secretary of 61.20 state may provide a method for the timely reporting of caucus61.21 results to the publicshall promptly report to the public the 61.22 results of preference balloting at the precinct caucuses. 61.23 Sec. 83. Minnesota Statutes 1998, section 204B.25, 61.24 subdivision 2, is amended to read: 61.25 Subd. 2. [RULES OF SECRETARY OF STATE.] The secretary of 61.26 state shall adopt rules establishing a programprograms for the 61.27 training of county auditors, local election officials, and 61.28 election judges by county auditors as required by this section. 61.29 Sec. 84. Minnesota Statutes 1998, section 204B.25, is 61.30 amended by adding a subdivision to read: 61.31 Subd. 4. [TRAINING FOR LOCAL ELECTION OFFICIALS.] At least 61.32 once every two years, the county auditor shall conduct training 61.33 sessions for the municipal and school district clerks in the 61.34 county. The training sessions must be conducted in the manner 61.35 provided by the secretary of state. No local election official 61.36 may administer an election without receiving training from the 62.1 county auditor. 62.2 Sec. 85. Minnesota Statutes 1998, section 204B.27, is 62.3 amended by adding a subdivision to read: 62.4 Subd. 10. [TRAINING FOR COUNTY AUDITORS; TRAINING 62.5 MATERIALS.] The secretary of state shall develop a training 62.6 program in election administration for county auditors and shall 62.7 certify each county auditor who successfully completes the 62.8 training program. The secretary of state shall provide each 62.9 county auditor with materials for use in training local election 62.10 officials and election judges. 62.11 Sec. 86. Minnesota Statutes 1998, section 204B.28, 62.12 subdivision 1, is amended to read: 62.13 Subdivision 1. [ TRAINING PROGRAM FORMEETING WITH ELECTION 62.14 OFFICIALS.] At least 12 weeks before each state primary62.15 regularly scheduled general election, each county auditor shall 62.16 conduct a training program formeeting with local election 62.17 officials to review the procedures for the election. The county 62.18 auditor may require the municipal clerks andthe chairs of the 62.19 election boards in the county to meet for this training program62.20 before the election at a time and place set by the county62.21 auditor. The training program shall include instruction in62.22 election procedures and the duties of municipal clerks and62.23 election judges. The chairs of the election boards shall be62.24 compensated by the municipalities for the incidental expenses62.25 incurred by them to attend a training programattend this 62.26 meeting. 62.27 Sec. 87. Minnesota Statutes 1998, section 240A.09, is 62.28 amended to read: 62.29 240A.09 [PLAN DEVELOPMENT; CRITERIA.] 62.30 The Minnesota amateur sports commission shall develop a 62.31 plan to promote the development of proposals for new statewide 62.32 public ice facilities including proposals for ice centers and 62.33 matching grants based on the criteria in this section. 62.34 (a) For ice center proposals, the commission will give 62.35 priority to proposals that come from more than one local 62.36 government unit. Institutions of higher education are not 63.1 eligible to receive a grant. 63.2 (b) In the metropolitan area as defined in section 473.121, 63.3 subdivision 2, the commission is encouraged to give priority to 63.4 the following proposals: 63.5 (1) proposals for construction of two or more ice sheets in 63.6 a single new facility; 63.7 (2) proposals for construction of an additional sheet of 63.8 ice at an existing ice center; 63.9 (3) proposals for construction of a new, single sheet of 63.10 ice as part of a sports complex with multiple sports facilities; 63.11 and 63.12 (4) proposals for construction of a new, single sheet of 63.13 ice that will be expanded to a two-sheet facility in the future. 63.14 (c) The commission shall administer a site selection 63.15 process for the ice centers. The commission shall invite 63.16 proposals from cities or counties or consortia of cities. A 63.17 proposal for an ice center must include matching contributions 63.18 including in-kind contributions of land, access roadways and 63.19 access roadway improvements, and necessary utility services, 63.20 landscaping, and parking. 63.21 (d) Proposals for ice centers and matching grants must 63.22 provide for meeting the demand for ice time for female groups by 63.23 offering up to 50 percent of prime ice time, as needed, to 63.24 female groups. For purposes of this section, prime ice time 63.25 means the hours of 4:00 p.m. to 10:00 p.m. Monday to Friday and 63.26 9:00 a.m. to 8:00 p.m. on Saturdays and Sundays. 63.27 (e) The location for all proposed facilities must be in 63.28 areas of maximum demonstrated interest and must maximize 63.29 accessibility to an arterial highway. 63.30 (f) To the extent possible, all proposed facilities must be 63.31 dispersed equitably, must be located to maximize potential for 63.32 full utilization and profitable operation, and must accommodate 63.33 noncompetitive family and community skating for all ages. 63.34 (g) The commission may also use the fundsmoney to upgrade 63.35 current facilities, purchase girls' ice time, or conduct amateur 63.36 women's hockey and other ice sport tournaments. 64.1 (h) To the extent possible, 50 percent of all grants must 64.2 be awarded to communities in greater Minnesota. 64.3 (i) To the extent possible, technical assistance shall be 64.4 provided to Minnesota communities by the commission on ice arena 64.5 planning, design, and operation, including the marketing of ice 64.6 time. 64.7 (j) A grant for new facilities may not exceed $250,000. 64.8 (k) The commission may use fundsmake grants for 64.9 rehabilitation and renovation grants. A rehabilitation or 64.10 renovation grant may not exceed $100,000. Priority must be 64.11 given to grant applications for indoor air quality improvements, 64.12 including zero emission ice resurfacing equipment. 64.13 (k)(l) Grant fundsmoney may be used for ice centers 64.14 designed for sports other than hockey. 64.15 (m) Grant money may be used to upgrade existing facilities 64.16 to comply with the bleacher safety requirements of section 64.17 16B.616. 64.18 Sec. 88. [240A.12] [GRANTS FOR ATHLETIC FACILITIES AND 64.19 PROGRAMS.] 64.20 Subdivision 1. [GRANTS.] The commission may make matching 64.21 grants to political subdivisions of the state: 64.22 (1) to acquire and better public land and buildings and 64.23 other public improvements of a capital nature to be used for 64.24 community facilities and related infrastructure primarily for 64.25 amateur athletics; 64.26 (2) to renovate existing facilities used primarily for 64.27 amateur athletics; 64.28 (3) to support recreational programs for children and 64.29 adolescents; and 64.30 (4) to support special events involving amateur athletics. 64.31 Subd. 2. [GEOGRAPHIC DISPERSAL.] To the extent possible, 64.32 over time, the commission shall disperse grants equally among 64.33 the state's congressional districts and award one-half of all 64.34 grants to communities or institutions outside the metropolitan 64.35 area as defined in section 473.121, subdivision 2. 64.36 Subd. 3. [MAXIMUM GRANTS AND MATCHING CONTRIBUTIONS.] Each 65.1 grant under this section must be matched by recipient 65.2 communities or institutions in accordance with this 65.3 subdivision. A matching contribution may include an in-kind 65.4 contribution of land, access roadways and access roadway 65.5 improvements, and necessary utility services, landscaping, and 65.6 parking. A grant for new facilities may not exceed $100,000 and 65.7 must be matched by the recipient at a rate of four times the 65.8 amount of the grant. A grant for renovation of existing 65.9 facilities may not exceed $50,000 and must be matched equally by 65.10 the recipient. A grant for recreational programs may not exceed 65.11 $20,000 and must be matched equally by the recipient. A grant 65.12 for a special event or program may not exceed $100,000 and must 65.13 be matched equally by the recipient. 65.14 Sec. 89. Minnesota Statutes 1998, section 297F.08, is 65.15 amended by adding a subdivision to read: 65.16 Subd. 8a. [REVOLVING ACCOUNT.] A heat applied cigarette 65.17 tax stamp revolving account is created. The commissioner shall 65.18 use the amounts in this fund to purchase heat applied stamps for 65.19 resale. The commissioner shall charge distributors for the tax 65.20 value of the stamps they receive along with the commissioner's 65.21 cost to purchase the stamps and ship them to the distributor. 65.22 The stamp purchase and shipping costs recovered must be credited 65.23 to the revolving account and are appropriated to the 65.24 commissioner for the further purchases and shipping costs. The 65.25 revolving account is initially funded by a $40,000 transfer from 65.26 the department of revenue. 65.27 Sec. 90. [325F.015] [UNSAFE BLEACHERS.] 65.28 A person shall not manufacture, sell, distribute, or 65.29 install bleachers within this state that do not comply with 65.30 section 16B.616. For purposes of this section, "person" means 65.31 an individual, public or private entity, however organized, or a 65.32 unit of state or local government. 65.33 Sec. 91. Minnesota Statutes 1998, section 325K.03, is 65.34 amended by adding a subdivision to read: 65.35 Subd. 4. [CERTIFICATION PRACTICE STATEMENT.] The secretary 65.36 in the role of licensed certification authority may adopt and 66.1 amend a certification practice statement without using the 66.2 provisions of chapter 14. 66.3 Sec. 92. Minnesota Statutes 1998, section 325K.04, is 66.4 amended to read: 66.5 325K.04 [FEES.] 66.6 (a) The secretary may adopt rules establishingshall set 66.7 reasonable fees for all services rendered under this chapter, in 66.8 amounts sufficient to compensate for the costs of all 66.9 services provided by the secretary under this chapter. All fees66.10 recovered by the secretary must be deposited in the state66.11 general fund.Until July 1, 2001, the fees need not be set by 66.12 rule. 66.13 (b) The digital signature account is created in the special 66.14 revenue fund. All fees recovered by the secretary must be 66.15 deposited in the digital signature account. Money in the 66.16 digital signature account is appropriated to the secretary to 66.17 pay the costs of all services provided by the secretary. 66.18 Sec. 93. Minnesota Statutes 1998, section 325K.05, 66.19 subdivision 1, is amended to read: 66.20 Subdivision 1. [LICENSE CONDITIONS.] To obtain or retain a 66.21 license, a certification authority must: 66.22 (1) be the subscriber of a certificate published in a 66.23 recognized repository; 66.24 (2) employ as operative personnel only persons who have not 66.25 been convicted within the past 15 years of a felony or a crime 66.26 involving fraud, false statement, or deception; 66.27 (3) employ as operative personnel only persons who have 66.28 demonstrated knowledge and proficiency in following the 66.29 requirements of this chapter; 66.30 (4) file with the secretary a suitable guaranty, unless the 66.31 certification authority is a department, office, or official of 66.32 a federal, state, city, or county governmental entity that is 66.33 self-insured; 66.34 (5) use a trustworthy system, including a secure means for 66.35 limiting access to its private key; 66.36 (6) present proof to the secretary of having working 67.1 capital reasonably sufficient, according to rules adopted by the 67.2 secretary, to enable the applicant to conduct business as a 67.3 certification authority; 67.4 (7) register its business organization with the secretary, 67.5 unless the applicant is a governmental entity or is otherwise 67.6 prohibited from registering; and67.7 (8) require a potential subscriber to appear in person 67.8 before the certification authority, or an agent of the 67.9 certification authority, to prove the subscriber's identity 67.10 before a certificate is issued to the subscriber; and 67.11 (9) comply with all further licensing requirements 67.12 established by rule by the secretary. 67.13 The secretary may, by rule, establish standards by which the 67.14 in-person registration required in clause (8) may be waived. 67.15 Sec. 94. Minnesota Statutes 1998, section 325K.09, is 67.16 amended by adding a subdivision to read: 67.17 Subd. 3. [ACCEPTANCE.] A recipient who accepts a digital 67.18 signature when the certificate was issued by a licensed 67.19 certification authority becomes a party to and accepts all of 67.20 the terms and conditions of the licensed certification 67.21 authority's certification practice statement. 67.22 Sec. 95. Minnesota Statutes 1998, section 325K.10, 67.23 subdivision 5, is amended to read: 67.24 Subd. 5. [ORDER OF SUSPENSION OR REVOCATION.] The 67.25 secretary may order the licensed certification authority to 67.26 suspend or revoke a certificate that the certification authority 67.27 issued if, after giving any required notice and opportunity for 67.28 the certification authority and subscriber to be heard in 67.29 accordance with the Administrative Procedure Act, chapter 14, 67.30 the secretary determines that: 67.31 (1) the certificate was issued without substantial 67.32 compliance with this section; and 67.33 (2) the noncompliance poses a significant risk to persons 67.34 reasonably relying on the certificate. 67.35 Upon determining that an emergency requires an immediate 67.36 remedy, and in accordance with the Administrative Procedure Act, 68.1 chapter 14, the secretary may issue an order suspending a 68.2 certificate for a period not to exceed 4896 hours. 68.3 Sec. 96. Minnesota Statutes 1998, section 325K.14, is 68.4 amended by adding a subdivision to read: 68.5 Subd. 9. [ADMINISTRATIVE PROCEDURES.] For purposes of this 68.6 section, the provisions of chapter 14 do not apply when the 68.7 secretary acts as a licensed certification authority for 68.8 governmental entities. 68.9 Sec. 97. Minnesota Statutes 1998, section 325K.15, is 68.10 amended by adding a subdivision to read: 68.11 Subd. 8. [ADMINISTRATIVE PROCEDURES.] For purposes of this 68.12 section, the provisions of chapter 14 do not apply when the 68.13 secretary acts as a licensed certification authority for 68.14 governmental entities. 68.15 Sec. 98. Minnesota Statutes 1998, section 349.163, 68.16 subdivision 4, is amended to read: 68.17 Subd. 4. [INSPECTION OF MANUFACTURERS.] Employees of the 68.18 board and the division of alcohol and gambling enforcement may 68.19 inspect the books, records, inventory, and business premises of 68.20 a licensed manufacturer without notice during the normal 68.21 business hours of the manufacturer. The board may charge a 68.22 manufacturer for the actual cost of conducting scheduled or 68.23 unscheduled inspections of the manufacturer's facilities, where 68.24 the amount charged to the manufacturer for such inspections in 68.25 any year does not exceed $7,500. The board shall deposit in a 68.26 separate account in the state treasury all money received as 68.27 reimbursement for the costs of inspections. Until July 1, 1999,68.28 Money in the account is appropriated to the board to pay the 68.29 costs of the inspections. 68.30 Sec. 99. Laws 1993, chapter 192, section 16, is amended to 68.31 read: 68.32 Sec. 16. CAPITOL AREA ARCHITECTURAL 68.33 AND PLANNING BOARD 326,000 334,000 68.34 Any unencumbered balance of the 68.35 appropriation for the first year does 68.36 not cancel and is available for use in 68.37 the second year. 68.38 $75,000 the first year and $82,000 the 69.1 second year are to create a memorial to 69.2 Hubert H. Humphrey in the capitol 69.3 area. Of these amounts, up to $75,000 69.4 may be used by the board to select an 69.5 appropriate site for the memorial. 69.6 $82,000 is available only as matched,69.7 one state dollar for three dollars, by69.8 contributions from nonstate sources.69.9 The board shall establish design 69.10 requirements, choose the design, and 69.11 oversee construction of the memorial. 69.12 In establishing the memorial, the board 69.13 may accept money from nonstate sources 69.14 and contract with other private or 69.15 public agencies. The appropriation is 69.16 available until expended. 69.17 Sec. 100. Laws 1994, chapter 643, section 69, subdivision 69.18 1, is amended to read: 69.19 Subdivision 1. [TASK FORCE MEMBERSHIP.] An 18-memberA 69.20 19-member planning task force for library and information 69.21 services shall be established and shall be composed of: three 69.22 representatives appointed by the chancellor of the higher 69.23 education board, one of whom may be serving on the MINITEX 69.24 advisory committee; two representatives appointed by the 69.25 president of the University of Minnesota, one of whom may be 69.26 serving on the MINITEX advisory committee; one representative 69.27 appointed by the president of the Minnesota private college 69.28 council; the director of MINITEX; one representative appointed 69.29 by the commissioner of finance; one representative appointed by 69.30 the commissioner of administration; one representative appointed 69.31 by the executive director of the Minnesota higher education 69.32 coordinating board; the director of the office of library 69.33 development and services; five representatives of public 69.34 libraries appointed by the director of library development and 69.35 services; two representatives of elementary and secondary 69.36 schools appointed by the commissioner of education; and one 69.37 representative appointed by the governor. The executive 69.38 director of the Minnesota higher education coordinating board 69.39 shall confer with the other appointing authorities to ensure 69.40 that at least one-half of the task force members are employed in 69.41 occupations unrelated to library science. The executive 69.42 director of the Minnesota higher education coordinating board 69.43 shall convene the first meeting of the task force. 70.1 Sec. 101. Laws 1995, First Special Session chapter 3, 70.2 article 12, section 7, subdivision 1, as amended by Laws 1997, 70.3 First Special Session chapter 4, article 9, section 2, and Laws 70.4 1998, chapter 270, section 4, is amended to read: 70.5 Subdivision 1. [STATE COUNCIL MEMBERSHIP.] The membership 70.6 of the Minnesota education telecommunications council 70.7 established in Laws 1993, First Special Session chapter 2, is 70.8 expanded to include representatives of elementary and secondary 70.9 education. The membership shall consist of three 70.10 representatives from the University of Minnesota; three 70.11 representatives of the board of trustees for Minnesota state 70.12 colleges and universities; one representative of the higher 70.13 education services offices; one representative appointed by the 70.14 private college council; eight representatives selected by the 70.15 commissioner of children, families, and learning, at least one 70.16 of which must come from each of the six higher education 70.17 telecommunication regions; the directorcommissioner of the70.18 office of technologyadministration; two members each from the 70.19 senate and the house of representatives selected by the 70.20 subcommittee on committees of the committee on rules and 70.21 administration of the senate and the speaker of the house, one 70.22 member from each body must be a member of the minority party; 70.23 and three representatives of libraries, one representing 70.24 regional public libraries, one representing multitype libraries, 70.25 and one representing community libraries, selected by the 70.26 governor. The council shall: 70.27 (1) develop a statewide vision and plans for the use of 70.28 distance learning technologies and provide leadership in 70.29 implementing the use of such technologies; 70.30 (2) recommend to the commissioner and the legislature by 70.31 December 15, 1996, a plan for long-term governance and a 70.32 proposed structure for statewide and regional 70.33 telecommunications; 70.34 (3) recommend educational policy relating to 70.35 telecommunications; 70.36 (4) determine priorities for use; 71.1 (5) oversee coordination of networks for post-secondary 71.2 campuses, K-12 education, and regional and community libraries; 71.3 (6) review application for telecommunications access grants 71.4 under Minnesota Statutes, section 124C.74, and recommend to the 71.5 department grants for funding; 71.6 (7) determine priorities for grant funding proposals; and 71.7 (8) work with the office of technology to ensure 71.8 consistency of the operation of the learning network with 71.9 standards of an open system architecture. 71.10 The council shall consult with representatives of the 71.11 telecommunication industry in implementing this section. 71.12 Sec. 102. Laws 1995, First Special Session chapter 3, 71.13 article 12, section 10, is amended to read: 71.14 Sec. 10. [ELECTRONIC COST REDUCTION.] 71.15 The commissioner of education shall identify methods to 71.16 reduce the costs of Internet access for school districts. The 71.17 commissioner shall work in conjunction with MNetthe state 71.18 information infrastructure, the department of administration, 71.19 and the telecommunication industry to provide Internet access 71.20 and long distance phone service at a favorable group rate. 71.21 Sec. 103. Laws 1997, chapter 202, article 2, section 61, 71.22 is amended to read: 71.23 Sec. 61. [VOLUNTARY UNPAID LEAVE OF ABSENCE.] 71.24 Appointing authorities in state government shall encourage71.25 may allow each employee to take an unpaid leave of absence for 71.26 up to 160 hours during the period ending June 30, 19992001. 71.27 Each appointing authority approving such a leave shall allow the 71.28 employee to continue accruing vacation and sick leave, be 71.29 eligible for paid holidays and insurance benefits, accrue 71.30 seniority, and accrue service credit in state retirement plans 71.31 permitting service credits for authorized leaves of absence as 71.32 if the employee had actually been employed during the time of 71.33 the leave. If the leave of absence is for one full pay period 71.34 or longer, any holiday pay shall be included in the first 71.35 payroll warrant after return from the leave of absence. The 71.36 appointing authority shall attempt to grant requests for unpaid 72.1 leaves of absence consistent with the need to continue efficient 72.2 operation of the agency. However, each appointing authority 72.3 shall retain discretion to grant or refuse to grant requests for 72.4 leaves of absence and to schedule and cancel leaves, subject to 72.5 applicable provisions of collective bargaining agreements and 72.6 compensation plans. 72.7 Sec. 104. Laws 1998, chapter 366, section 2, is amended to 72.8 read: 72.9 Sec. 2. LEGISLATURE 25,000 72.10 This appropriation is to the 72.11 legislative coordinating commission for 72.12 a grant to the Council of State 72.13 Governments to organize and fund a 72.14 series of meetings between members of 72.15 the Minnesota legislature and members 72.16 of the Manitoba and Ontario 72.17 parliaments. ApproximatelyUp to six 72.18 members of each body may attend the 72.19 meetings. Meetings may involve all 72.20 three bodies or the legislature and one 72.21 of the parliaments. The meetings shall 72.22 be at the capital cities of the state 72.23 or of the provinces. This 72.24 appropriation is available until June 72.25 30, 2000. 72.26 Sec. 105. [URBAN DEVELOPMENT ENVIRONMENTAL STEERING 72.27 COMMITTEE.] 72.28 Subdivision 1. [COMMITTEE; DEFINITION.] (a) The 72.29 environmental quality board shall establish an urban development 72.30 environmental steering committee consisting of representatives 72.31 of developers, environmental interests, agricultural landowners, 72.32 and other stakeholders. The urban development environmental 72.33 steering committee shall advise the environmental quality board 72.34 on the scope and content of the generic environmental impact 72.35 statement required in subdivision 2. 72.36 (b) Compensation of members and reimbursement of their 72.37 expenses is governed by Minnesota Statutes, section 15.059. The 72.38 committee expires upon completion of the generic environmental 72.39 impact statement required in subdivision 2 and presentation of 72.40 the report to the legislature. 72.41 (c) For the purposes of this section, "urban development" 72.42 means development in: 72.43 (1) cities with more than 15,000 population; and 73.1 (2) areas with densities greater than 200 people per square 73.2 mile in proximity to cities with more than 15,000 population. 73.3 Subd. 2. [GENERIC ENVIRONMENTAL IMPACT STATEMENT.] A 73.4 generic environmental impact statement must be prepared under 73.5 the direction of the environmental quality board to examine the 73.6 long-term effects of urban development, past, present, and 73.7 future, upon the economy, environment, and way of life of the 73.8 residents of this state. The study may address: 73.9 (1) the overall dimension of urban development in this 73.10 state, including the past and current trends of settlement and 73.11 population growth, the types and location of urban development, 73.12 and the relationship of past and current development patterns to 73.13 existing land use policies; 73.14 (2) environmental quality issues associated with urban 73.15 development such as the effects of urban development on air, 73.16 groundwater, surface water, and land, including the impact of 73.17 urban development on the loss of agricultural land in urbanizing 73.18 areas; 73.19 (3) economic issues such as the comparative economic impact 73.20 of alternative means of urban development, including the 73.21 economic efficiency of the alternatives; 73.22 (4) social issues such as the comparative social impact of 73.23 alternative means of urban development; and 73.24 (5) the roles of various units of government in regulating 73.25 various aspects of land use decisions. 73.26 Sec. 106. [STATE TRAVEL OFFICE.] 73.27 Subdivision 1. [STUDY.] The commissioner of administration 73.28 shall study the feasibility and potential advantages of 73.29 establishing a state travel office in the executive branch to 73.30 manage and oversee arrangements for air and surface travel by 73.31 state employees and officials. In conducting the study, the 73.32 commissioner shall consider travel procedures currently used by 73.33 the state in comparison with those used by the federal 73.34 government, other states, and private businesses. 73.35 Subd. 2. [ISSUES.] The study required by subdivision 1 73.36 must address, at a minimum: 74.1 (1) the relative merits of central versus decentralized 74.2 management and oversight of travel; 74.3 (2) current procedures used by the legislative, judicial, 74.4 and executive branches of the state as well as the Minnesota 74.5 state colleges and universities and the University of Minnesota; 74.6 (3) statutory and other authority necessary to manage and 74.7 oversee state travel; 74.8 (4) the relative merits of state operation of travel 74.9 services versus the provision of travel services by travel 74.10 agencies under contract; 74.11 (5) the use of one travel agency versus several preferred 74.12 agencies; 74.13 (6) the criteria used in selecting the preferred agencies; 74.14 (7) managing frequent-flier miles versus other options; and 74.15 (8) the use of Internet-based travel authorization and 74.16 booking versus traditional methods. 74.17 Subd. 3. [REPORT.] The commissioner shall report to the 74.18 legislature on the conclusions of the study by January 15, 74.19 2000. The report must include recommendations for any 74.20 legislation that might be necessary to implement the report's 74.21 conclusions. 74.22 Sec. 107. [BUDGET PRINCIPLES; BUDGET REVIEW.] 74.23 Subdivision 1. [PRINCIPLES.] The legislative commission on 74.24 planning and fiscal policy shall establish principles and 74.25 standards related to budgeting that simplify the process, 74.26 minimize the number of state funds and special accounts, and are 74.27 consistent with generally accepted accounting principles. The 74.28 principles must define when it is appropriate to create special 74.29 or dedicated funds and accounts, when it is appropriate to 74.30 create open appropriations from the general fund and open 74.31 appropriations of dedicated receipts, and the appropriate level 74.32 of budgetary reserves. 74.33 Subd. 2. [REVIEW OF PAST BUDGET ACTIONS.] With the 74.34 assistance of the commissioner of finance and staff of the house 74.35 and senate, the commission shall: 74.36 (1) review the biennial budget instructions issued by the 75.1 commissioner of finance for the 2000-2001 biennial budget, 75.2 specifically instructions on how to establish the budget base, 75.3 the inflation factors used, how to calculate caseload 75.4 adjustments, and related program requirements; 75.5 (2) review all statutory open and standing appropriations 75.6 and identify any that are inconsistent with the commission's 75.7 principles; 75.8 (3) review all reserve accounts and the level of reserves 75.9 and identify any that are inconsistent with the commission's 75.10 principles; and 75.11 (4) review other related issues as deemed appropriate by 75.12 the commission. 75.13 Subd. 3. [PROCESS TO REVIEW FUTURE BUDGET ACTIONS.] The 75.14 commission, in consultation with the commissioner of finance, 75.15 shall develop and recommend to the legislature a process whereby 75.16 a bill that affects the budget may be reviewed to determine 75.17 whether the appropriations and accounts it creates are 75.18 consistent with the principles adopted by the commission. The 75.19 commission shall consider how this review should be coordinated 75.20 or integrated with the process for creating fiscal notes and 75.21 whether the review should be done by staff of the executive 75.22 branch or by staff of the legislative branch. 75.23 Subd. 4. [REPORT.] The commission shall report the 75.24 principles and standards it has established, the results of its 75.25 review of past budget actions, and its recommended process for 75.26 reviewing future budget actions to the legislature and the 75.27 governor by December 1, 1999. 75.28 Sec. 108. [LOAN REPAYMENT.] 75.29 The loan made by the Minneapolis community development 75.30 agency to the Minneapolis park and recreation board in 1986 to 75.31 acquire property for the central riverfront regional park must 75.32 not be repaid by any funds from the state of Minnesota or funds 75.33 of political subdivisions of the state, including the 75.34 metropolitan council. 75.35 Sec. 109. [EMPLOYEE ASSISTANCE PROGRAM; TRANSFER.] 75.36 Responsibility for the state employee assistance program 76.1 under Minnesota Statutes, section 16B.39, subdivision 2, is 76.2 transferred from the commissioner of administration to the 76.3 commissioner of employee relations under Minnesota Statutes, 76.4 section 15.039. 76.5 Sec. 110. [OFFICE OF TECHNOLOGY; TRANSFER.] 76.6 In accordance with Minnesota Statutes, sections 15.039 and 76.7 43A.045, the responsibilities of the executive director of the 76.8 office of technology under Minnesota Statutes, chapter 16E, and 76.9 otherwise, are transferred to the commissioner of administration. 76.10 Sec. 111. [INSTRUCTION TO REVISOR.] 76.11 (a) The revisor of statutes shall renumber Minnesota 76.12 Statutes, section 256.482, subdivision 5a, as Minnesota 76.13 Statutes, section 16B.055, subdivision 2, and renumber the 76.14 existing text of Minnesota Statutes, section 16B.055, as 76.15 subdivision 1. 76.16 (b) In the next edition of Minnesota Statutes, the revisor 76.17 of statutes shall change the term "executive director of the 76.18 office of technology" to "commissioner of administration" and 76.19 the term "executive director," wherever it refers to the 76.20 executive director of the office of technology, to 76.21 "commissioner." 76.22 (c) The revisor of statutes shall renumber Minnesota 76.23 Statutes, section 16B.39, subdivision 2, in chapter 43A. 76.24 Sec. 112. [REPEALER.] 76.25 (a) Minnesota Rules, part 8275.0045, subpart 2, is repealed. 76.26 (b) Minnesota Statutes 1998, sections 16A.103, subdivision 76.27 3; 16E.11; 16E.12; and 16E.13, are repealed. 76.28 (c) Laws 1991, chapter 235, article 5, section 3, as 76.29 amended by Laws 1995, chapter 254, article 1, section 91, is 76.30 repealed. 76.31 (d) Minnesota Statutes 1998, section 16A.1285, subdivisions 76.32 4 and 5, are repealed. 76.33 (e) Minnesota Statutes 1998, sections 207A.01; 207A.02; 76.34 207A.03; 207A.04; 207A.06; 207A.07; 207A.08; 207A.09; and 76.35 207A.10, are repealed. 76.36 Sec. 113. [EFFECTIVE DATE.] 77.1 (a) Section 41 is effective January 1, 2001. Section 43 is 77.2 effective July 1, 2000, with respect to preparation of the model 77.3 policies and procedures by the commissioner of administration, 77.4 and January 1, 2001, with respect to the other provisions of 77.5 section 43. 77.6 (b) Sections 60 to 62 and 90 are effective January 1, 2001. 77.7 (c) Sections 45 and 91 to 97 are effective the day 77.8 following final enactment. 77.9 (d) Sections 46, 47, and 112, paragraph (d), are effective 77.10 July 1, 2001. 77.11 (e) Sections 56, 58, 59, and 102 are effective April 30, 77.12 2000. Sections 56, 58, 59, and 102 do not affect any valid 77.13 contracts executed before the effective date of sections 56, 58, 77.14 59, and 102. 77.15 ARTICLE 2 77.16 YEAR 2000 77.17 Section 1. Minnesota Statutes 1998, section 12.31, 77.18 subdivision 2, is amended to read: 77.19 Subd. 2. [DECLARATION OF PEACETIME EMERGENCY.] The 77.20 governor may declare a peacetime emergency. A peacetime 77.21 declaration of emergency may be declared only when an act of 77.22 nature, a technological failure or malfunction, a terrorist 77.23 incident, an industrial accident, a hazardous materials 77.24 accident, or a civil disturbance endangers life and property and 77.25 local government resources are inadequate to handle the 77.26 situation. It must not be continued for more than five days 77.27 unless extended by resolution of the executive council up to 30 77.28 days. An order, or proclamation declaring, continuing, or 77.29 terminating an emergency must be given prompt and general 77.30 publicity and filed with the secretary of state. 77.31 Sec. 2. Minnesota Statutes 1998, section 12.37, is amended 77.32 to read: 77.33 12.37 [POLITICAL SUBDIVISIONS, AUTHORITY TO ENTER INTO 77.34 CONTRACTS.] 77.35 During an emergency or disaster, each political 77.36 subdivision, notwithstanding any statutory or charter provision 78.1 to the contrary, and through its governing body acting within or 78.2 without the corporate limits of the political subdivision, may: 78.3 (1) enter into contracts and incur obligations necessary to 78.4 combat the disaster by protecting the health and safety of 78.5 persons and property and by providing emergency assistance to 78.6 the victims of the disaster; and 78.7 (2) exercise the powers vested by this subdivision in the 78.8 light of the exigencies of the disaster without compliance with 78.9 time-consuming procedures and formalities prescribed by law 78.10 pertaining to: 78.11 (i) the performance of public work; 78.12 (ii) entering into contracts; 78.13 (iii) incurring of obligations; 78.14 (iv) employment of temporary workers; 78.15 (v) rental of equipment; 78.16 (vi) purchase of supplies and materials; 78.17 (vii) limitations upon tax levies; and 78.18 (viii) the appropriation and expenditure of public funds, 78.19 for example, but not limited to, publication of ordinances and 78.20 resolutions, publication of calls for bids, provisions of civil 78.21 service laws and rules, provisions relating to low bids, and 78.22 requirements for budgets. 78.23 The failure or malfunction of public infrastructure or 78.24 systems critical to the delivery of municipal services due to 78.25 year 2000 problems with computers and electronically controlled 78.26 devices shall constitute an emergency for the purposes of this 78.27 section. 78.28 Sec. 3. [604B.01] [YEAR 2000 ACTIVITIES; IMMUNITY.] 78.29 Subdivision 1. [DEFINITIONS.] For the purpose of this 78.30 section, the terms defined in this section have the meanings 78.31 given them. 78.32 Subd. 2. [ASSOCIATION.] "Association" means a trade, 78.33 professional, governmental, or similar organization the members 78.34 of which are individuals, enterprises, or governmental units 78.35 engaged in similar lines of business, services, or activity. 78.36 Subd. 3. [STATE AGENCY.] "State agency" means the 79.1 University of Minnesota, Minnesota state colleges and 79.2 universities, and the departments, boards, agencies, and 79.3 commissions in the executive, judicial, and legislative branches. 79.4 Subd. 4. [YEAR 2000 SOLUTION INFORMATION.] "Year 2000 79.5 solution information" means information related to solutions 79.6 that address the inability of computer systems, software, or 79.7 electronically controlled devices to recognize certain dates in 79.8 1999 and after December 31, 1999. That inability may cause 79.9 disruptions in electronic communications or the functioning of 79.10 electronically controlled equipment resulting or reasonably 79.11 anticipated to result from erroneous data that is or may be 79.12 supplied by electronic devices. 79.13 Subd. 5. [ASSOCIATION AND RELATED IMMUNITY.] No cause of 79.14 action may be maintained against an association for damages or 79.15 harm resulting from the collection of year 2000 solution 79.16 information or the publication of that information or against 79.17 any person or entity for providing year 2000 solution 79.18 information to the association. 79.19 Subd. 6. [STATE AGENCY IMMUNITY.] No cause of action may 79.20 be maintained against a state agency for damages or harm 79.21 resulting from the collection of year 2000 solution information 79.22 or the publication of that information. 79.23 Subd. 7. [GOVERNMENTAL UNIT IMMUNITY.] No cause of action 79.24 may be maintained against a governmental unit as defined in 79.25 section 462.384, subdivision 2, including governmental units 79.26 acting jointly under section 471.59, for damages or harm 79.27 resulting from the collection, publication, or dissemination of 79.28 year 2000 solution information to other governmental units or to 79.29 the metropolitan council or agencies. 79.30 Subd. 8. [EXCEPTION.] Subdivisions 5 to 7 do not apply if 79.31 the party against whom the claim is brought knew in fact that 79.32 the year 2000 solution information provided was materially false. 79.33 Subd. 9. [NO IMPLIED CAUSE OF ACTION CREATED.] No 79.34 liability on the part of any person or any public or private 79.35 entity is implied or created by this section by the absence of a 79.36 grant of immunity under this section. 80.1 Sec. 4. [EMERGENCIES.] 80.2 (a) The governor may declare an emergency under this 80.3 section for purposes of Minnesota Statutes, sections 12.31, 80.4 12.36, and 12.37. The governor may declare an emergency under 80.5 authority of this section only to the extent that actual or 80.6 potential failure of computers or electronically controlled 80.7 devices creates an actual or imminent serious threat to the 80.8 health or safety of persons or an actual or imminent threat of 80.9 catastrophic loss to property or the environment. 80.10 (b) A declaration for purposes of Minnesota Statutes, 80.11 section 12.31, must be made according to procedures in that 80.12 section. 80.13 (c) The governor may declare an emergency under this 80.14 section for purposes of Minnesota Statutes, section 12.36 or 80.15 12.37, without declaring a peacetime emergency under Minnesota 80.16 Statutes, section 12.31. A declaration for purposes of 80.17 Minnesota Statutes, section 12.36 or 12.37, may specify that it 80.18 applies to all or certain units of state or local government, 80.19 must specify the time period for which it applies, and must be 80.20 filed with the secretary of state. 80.21 (d) This section is in addition to and does not limit 80.22 authority granted to the governor or local government officials 80.23 by Minnesota Statutes, chapter 12, or other law. 80.24 (e) After April 1, 2000, the governor may not use this 80.25 section as authority to declare an emergency. 80.26 (f) If an emergency is declared under authority of this 80.27 section, a unit of state or local government may omit compliance 80.28 with the procedures and law listed in Minnesota Statutes, 80.29 sections 12.36, paragraph (a), clause (2), and 12.37, clause 80.30 (2), only to the extent necessary to protect health and safety 80.31 of persons or avoid catastrophic loss to property or the 80.32 environment. A unit of state or local government must report to 80.33 the year 2000 project office in the department of administration 80.34 on omitting compliance with procedures and laws. The report 80.35 must be filed within 30 days of the action that did not comply 80.36 with the customary laws. 81.1 Sec. 5. [YEAR 2000 PROBLEM REPORTS.] 81.2 All electric utilities, as defined in Minnesota Statutes, 81.3 section 216B.38, subdivision 5, and telephone companies, as 81.4 defined in Minnesota Statutes, section 237.01, subdivisions 2 81.5 and 3, must file status reports on year 2000 problems with the 81.6 public utilities commission and the department of public 81.7 service, with a copy to the division of emergency management of 81.8 the department of public safety, on July 1 and October 1, 1999. 81.9 The status report must include a statement of the percentage of 81.10 the assessment phase that has been completed to date, the 81.11 percentage of the remediation phase that has been completed to 81.12 date, and the percentage of the testing of corrective actions 81.13 phase that has been complete to date. The foregoing questions, 81.14 along with others deemed appropriate, must be included in Y2K 81.15 status report form that must be provided by the department of 81.16 public safety, division of emergency management. If a report 81.17 indicates that all year 2000 problems have been remediated, an 81.18 entity need not file a subsequent report unless there has been a 81.19 change. 81.20 Sec. 6. [YEAR 2000 PROBLEM EXEMPTION FROM UNIFORM 81.21 MUNICIPAL CONTRACTING LAW.] 81.22 Subdivision 1. [MUNICIPAL CONTRACTS.] Minnesota Statutes, 81.23 section 471.345, does not apply to the purchase or rental of 81.24 supplies, materials, and equipment nor to the construction, 81.25 alteration, repair, and maintenance of real or personal property 81.26 if the governing body of a municipality determines that there is 81.27 an urgency due to the actual or potential failure or malfunction 81.28 of public infrastructure or systems critical to the delivery of 81.29 municipal services due to year 2000 problems with computers and 81.30 electronically controlled devices. 81.31 Subd. 2. [SPECIAL PROCEDURE.] A contract exempted from 81.32 Minnesota Statutes, section 471.345, by subdivision 1 may, at 81.33 the discretion of the municipality, be made by direct 81.34 negotiation by obtaining two or more quotations or in the open 81.35 market. All quotations shall be kept on file for a period of at 81.36 least one year after receipt. 82.1 Subd. 3. [APPLICABILITY OF OTHER LAWS.] This section 82.2 supersedes any inconsistent law. 82.3 Subd. 4. [REPORTS.] A municipality must report to the year 82.4 2000 project office in the department of administration on each 82.5 instance in which it omitted compliance with the uniform 82.6 municipal contracting law under authority of this section. 82.7 Subd. 5. [EXPIRATION.] This section applies only to a 82.8 contract entered into or goods or services purchased before 82.9 April 1, 2000. 82.10 Sec. 7. [YEAR 2000 PROBLEM; LOCAL GOVERNMENT DEBT.] 82.11 Subdivision 1. [SCOPE.] For the purpose of this section, 82.12 the terms defined in subdivisions 2 to 4 have the meanings given 82.13 them. 82.14 Subd. 2. [YEAR 2000 PROBLEM.] "Year 2000 problem" means 82.15 disruptions in electronic communications or the functioning of 82.16 electronically controlled equipment resulting or reasonably 82.17 anticipated to result from erroneous data that is or may be 82.18 supplied by electronic devices in 1999 or on or after January 1, 82.19 2000. 82.20 Subd. 3. [POLITICAL SUBDIVISION.] "Political subdivision" 82.21 means a home rule charter city, a statutory city, a school 82.22 district, a county, a town, the metropolitan council, or any 82.23 local governmental entity authorized by general or special law 82.24 or charter to own and operate electronically controlled 82.25 equipment. 82.26 Subd. 4. [YEAR 2000 PROBLEM REMEDIATION COST.] "Year 2000 82.27 problem remediation cost" means a cost or expense of any nature 82.28 incurred by a political subdivision in planning for and taking 82.29 remedial or preventive action to prepare for or correct the year 82.30 2000 problem. 82.31 Subd. 5. [AUTHORITY.] Any law or charter provision 82.32 authorizing a political subdivision to borrow money and incur 82.33 debt is deemed to include the authority to borrow money and 82.34 incur that debt for year 2000 problem remediation. 82.35 Debt incurred for year 2000 problem remediation is not 82.36 subject to debt limits and notwithstanding any contrary 83.1 provision of law or charter provision, need not be approved by 83.2 the voters of a political subdivision. A political subdivision 83.3 not otherwise authorized to borrow money and incur debt may, 83.4 with approval of the appropriate governmental subdivision with 83.5 taxing authority, incur debt for year 2000 problem remediation 83.6 in the same manner and subject to the same limitations as 83.7 statutory cities. A debt may not be incurred until the year 83.8 2000 project office in the department of administration 83.9 certifies to the commissioner of revenue that the proposed use 83.10 of the debt is related only to remediation of a year 2000 83.11 problem. 83.12 Subd. 6. [SUNSET.] The authority to incur debt under this 83.13 section expires December 31, 2000, provided that debt incurred 83.14 under this section need not be repaid until December 31, 2005. 83.15 Subd. 7. [INTERPRETATION.] This section is to be construed 83.16 liberally to achieve its purpose. 83.17 Sec. 8. [DEPARTMENT OF HEALTH; YEAR 2000 ACTIVITY.] 83.18 Subdivision 1. [DEPARTMENT OF HEALTH SURVEY.] The 83.19 department of health must, by July 30, 1999, survey all 83.20 hospitals, nursing homes, nontransient noncommunity water 83.21 systems operated by a public entity, and community water supply 83.22 systems for year 2000 problems and solutions related to their 83.23 operations. The department, upon request, must disseminate 83.24 information about those year 2000 problems and proposed 83.25 solutions to hospitals, nursing homes, and water supply system 83.26 operators in a prompt and reasonable manner. 83.27 Subd. 2. [STATUS REPORTS.] All hospitals, nursing homes, 83.28 nontransient noncommunity water systems operated by a public 83.29 entity, and community water supply systems must file status 83.30 reports on year 2000 problems with the department of health, 83.31 with a copy to the division of emergency management of the 83.32 department of public safety, on July 1 and October 1, 1999. The 83.33 status report must include a statement of the percentage of the 83.34 assessment phase that has been completed to date, the percentage 83.35 of the remediation phase that has been completed to date, and 83.36 the percentage of the testing of corrective actions phase that 84.1 has been completed to date. The foregoing questions, along with 84.2 others deemed appropriate, must be included in a Y2K status 84.3 report form that must be provided by the department of public 84.4 safety, division of emergency management. If there has been no 84.5 change since the previous report, the report may indicate only 84.6 that no change has occurred. 84.7 Sec. 9. [DEPARTMENT OF HUMAN SERVICES; YEAR 2000 84.8 ACTIVITY.] 84.9 If year 2000 computer problems create a failure or 84.10 malfunction in the infrastructure or systems used by the 84.11 department of human services for payment to health care 84.12 providers under state government programs or counties, the 84.13 commissioner of human services shall continue to pay all health 84.14 care providers paid under state government programs or counties 84.15 by manual warrant or other measures within the statutorily 84.16 required time period. 84.17 Sec. 10. [STATUS REPORTS.] 84.18 (a) The recipients of the status reports required by 84.19 sections 5 and 8, subdivision 2, including the division of 84.20 emergency management, shall consult with those required to file 84.21 those reports concerning the form of the report. 84.22 (b) All reports provided under sections 5 and 8 shall be 84.23 considered Year 2000 Readiness Disclosures. 84.24 Sec. 11. [USE OF STATUS REPORTS AS EVIDENCE PROHIBITED.] 84.25 The status reports required by sections 5 and 8, 84.26 subdivision 2, may not be used as evidence in any action seeking 84.27 damages or other relief because of a year 2000 problem. 84.28 Sec. 12. [YEAR 2000 LOAN FUND.] 84.29 (a) $20,000,000 is appropriated from the general fund in 84.30 fiscal year 2000 to the commissioner of finance to capitalize a 84.31 fund, to be used to make loans to school districts; counties; 84.32 joint powers boards; home rule charter and statutory cities; and 84.33 towns to meet the costs they incur in addressing year 2000 84.34 problems. 84.35 (b) A loan may not be made until the year 2000 project 84.36 office of the department of administration certifies to the 85.1 commissioner of finance that: 85.2 (1) the proposed use of the loan is related only to 85.3 remediation of a year 2000 problem; 85.4 (2) the unit of local government has insufficient resources 85.5 available to address year 2000 problems; and 85.6 (3) the loan would be used to remediate problems that are 85.7 likely to affect public health and safety or cause catastrophic 85.8 loss to property or the environment. 85.9 (c) The local units of government that received the loans 85.10 must repay them by June 30, 2001. Interest is payable on the 85.11 loan at the rate earned by the state on invested treasurer's 85.12 cash, as determined monthly by the commissioner of finance. 85.13 Repayments must be deposited in the general fund. 85.14 (d) A unit of local government receiving a loan under this 85.15 section must report to the year 2000 project office in the 85.16 department of administration within 60 days of receiving the 85.17 loan. The report must state how the loan was used in accordance 85.18 with the criteria of paragraph (b). 85.19 (e) This appropriation cancels April 1, 2000. 85.20 Any canceled money must be deposited in the general fund. 85.21 Sec. 13. [COMMISSIONER REVIEW.] 85.22 The commissioner of administration, through staff of the 85.23 Y2K project office, is responsible for reviewing use of 85.24 emergency authority and emergency funds under this act and shall 85.25 review reports from state agencies and political subdivisions 85.26 under sections 4, 5, 6, and 12. If the commissioner determines 85.27 that funds obtained under section 12 were not used in a manner 85.28 consistent with the requirements of section 12, paragraph (b), 85.29 the political subdivision must pay interest on the loan at the 85.30 rate of 12 percent, compounded annually from the time the loan 85.31 was received. 85.32 Sec. 14. [EFFECTIVE DATE.] 85.33 Section 3 is effective the day following final enactment 85.34 and does not affect or apply to any lawsuit pending on the 85.35 effective date. Sections 1, 2, and 4 to 13 are effective the 85.36 day following final enactment. 86.1 ARTICLE 3 86.2 CONFORMING CHANGES 86.3 Section 1. Minnesota Statutes 1998, section 14.131, is 86.4 amended to read: 86.5 14.131 [STATEMENT OF NEED AND REASONABLENESS.] 86.6 Before the agency orders the publication of a rulemaking 86.7 notice required by section 14.14, subdivision 1a, the agency 86.8 must prepare, review, and make available for public review a 86.9 statement of the need for and reasonableness of the rule. The 86.10 statement of need and reasonableness must be prepared under 86.11 rules adopted by the chief administrative law judge and must 86.12 include the following to the extent the agency, through 86.13 reasonable effort, can ascertain this information: 86.14 (1) a description of the classes of persons who probably 86.15 will be affected by the proposed rule, including classes that 86.16 will bear the costs of the proposed rule and classes that will 86.17 benefit from the proposed rule; 86.18 (2) the probable costs to the agency and to any other 86.19 agency of the implementation and enforcement of the proposed 86.20 rule and any anticipated effect on state revenues; 86.21 (3) a determination of whether there are less costly 86.22 methods or less intrusive methods for achieving the purpose of 86.23 the proposed rule; 86.24 (4) a description of any alternative methods for achieving 86.25 the purpose of the proposed rule that were seriously considered 86.26 by the agency and the reasons why they were rejected in favor of 86.27 the proposed rule; 86.28 (5) the probable costs of complying with the proposed rule; 86.29 and 86.30 (6) an assessment of any differences between the proposed 86.31 rule and existing federal regulations and a specific analysis of 86.32 the need for and reasonableness of each difference. 86.33 For rules setting, adjusting, or establishing regulatory,86.34 licensure, or other charges for goods and services, the86.35 statement of need and reasonableness must include the comments86.36 and recommendations of the commissioner of finance and must87.1 address any fiscal and policy concerns raised during the review87.2 process, as required by section 16A.1285.87.3 The statement must describe how the agency, in developing 87.4 the rules, considered and implemented the legislative policy 87.5 supporting performance-based regulatory systems set forth in 87.6 section 14.002. 87.7 The statement must also describe the agency's efforts to 87.8 provide additional notification to persons or classes of persons 87.9 who may be affected by the proposed rule or must explain why 87.10 these efforts were not made. 87.11 The agency must send a copy of the statement of need and 87.12 reasonableness to the legislative reference library when it 87.13 becomes available for public review. 87.14 Sec. 2. Minnesota Statutes 1998, section 14.23, is amended 87.15 to read: 87.16 14.23 [STATEMENT OF NEED AND REASONABLENESS.] 87.17 Before the date of the section 14.22 notice, the agency 87.18 shall prepare a statement of need and reasonableness, which must 87.19 be available to the public. The statement of need and 87.20 reasonableness must include the analysis required in section 87.21 14.131 and the comments and recommendations of the commissioner87.22 of finance, and must address any fiscal and policy concerns87.23 raised during the review process, as required by section87.24 16A.1285. The statement must also describe the agency's efforts 87.25 to provide additional notification to persons or classes of 87.26 persons who may be affected by the proposed rules or must 87.27 explain why these efforts were not made. For at least 30 days 87.28 following the notice, the agency shall afford the public an 87.29 opportunity to request a public hearing and to submit data and 87.30 views on the proposed rule in writing. 87.31 The agency shall send a copy of the statement of need and 87.32 reasonableness to the legislative reference library when it 87.33 becomes available to the public. 87.34 Sec. 3. Minnesota Statutes 1998, section 16B.748, is 87.35 amended to read: 87.36 16B.748 [RULES.] 88.1 The commissioner may adopt rules for the following purposes: 88.2 (1) to set a fee under section 16A.1285 for processing a88.3 construction or installation permit or elevator contractor88.4 license application;88.5 (2) to set a fee under section 16A.1285 to cover the cost88.6 of elevator inspections;88.7 (3)to establish minimum qualifications for elevator 88.8 inspectors that must include possession of a current elevator 88.9 constructor electrician's license issued by the state board of 88.10 electricity and proof of successful completion of the national 88.11 elevator industry education program examination or equivalent 88.12 experience; 88.13 (4)(2) to establish criteria for the qualifications of 88.14 elevator contractors; 88.15 (5)(3) to establish elevator standards under sections 88.16 16B.61, subdivisions 1 and 2, and 16B.64; 88.17 (6)(4) to establish procedures for appeals of decisions of 88.18 the commissioner under chapter 14 and procedures allowing the 88.19 commissioner, before issuing a decision, to seek advice from the 88.20 elevator trade, building owners or managers, and others 88.21 knowledgeable in the installation, construction, and repair of 88.22 elevators; and 88.23 (7)(5) to establish requirements for the registration of 88.24 all elevators. 88.25 Sec. 4. Minnesota Statutes 1998, section 18.54, is amended 88.26 to read: 88.27 18.54 [LOCAL SALES AND MISCELLANEOUS.] 88.28 Subdivision 1. [SERVICES AND FEES.] The commissioner may 88.29 make small lot inspections or perform other necessary services 88.30 for which another charge is not specified. For these services 88.31 the commissioner shall set a fee plus expenses that will recover 88.32 the cost of performing this service , as provided in section88.33 16A.1285. The commissioner may set an additional acreage fee 88.34 for inspection of seed production fields for exporters in order 88.35 to meet domestic and foreign plant quarantine requirements. 88.36 Subd. 2. [VIRUS DISEASE-FREE CERTIFICATION.] The 89.1 commissioner shall have the authority to provide special 89.2 services such as virus disease-free certification and other 89.3 similar programs. Participation by nursery stock growers shall 89.4 be voluntary. Plants offered for sale as certified virus-free 89.5 must be grown according to certain procedures in a manner 89.6 defined by the commissioner for the purpose of eliminating 89.7 viruses and other injurious disease or insect pests. The 89.8 commissioner shall collect reasonable fees from participating 89.9 nursery stock growers for services and materials that are 89.10 necessary to conduct this type of work , as provided in section89.11 16A.1285. 89.12 Sec. 5. Minnesota Statutes 1998, section 21.92, is amended 89.13 to read: 89.14 21.92 [SEED INSPECTION FUND.] 89.15 There is established in the state treasury an account known 89.16 as the seed inspection fund. Fees and penalties collected by 89.17 the commissioner under sections 21.80 to 21.92 and interest 89.18 attributable to money in the account shall be deposited into 89.19 this account. The rates at which the fees are charged may be89.20 adjusted pursuant to section 16A.1285.89.21 Sec. 6. Minnesota Statutes 1998, section 60A.964, 89.22 subdivision 1, is amended to read: 89.23 Subdivision 1. [AMOUNT.] The licensing fee for a viatical 89.24 settlement provider license is $750 for initial licensure and 89.25 $250 for each annual renewal. The commissioner may adjust the89.26 fees as provided under section 16A.1285 to recover the costs of89.27 administration and enforcement.The fees must be limited to the 89.28 cost of license administration and enforcement and must be 89.29 deposited in the state treasury, credited to a special account, 89.30 and appropriated to the commissioner. 89.31 Sec. 7. Minnesota Statutes 1998, section 60A.972, 89.32 subdivision 3, is amended to read: 89.33 Subd. 3. [FEES.] The licensing fee for a viatical 89.34 settlement broker is $750 for initial licensure and $250 for 89.35 each annual renewal. Failure to pay the renewal fee within the 89.36 time required by the commissioner results in an automatic 90.1 revocation of the license. The commissioner may adjust the fees90.2 as provided under section 16A.1285 to recover the costs of90.3 administration and enforcement.The fees must be limited to the 90.4 cost of license administration and enforcement and must be 90.5 deposited in the state treasury, credited to a special account, 90.6 and appropriated to the commissioner. 90.7 Sec. 8. Minnesota Statutes 1998, section 97B.025, is 90.8 amended to read: 90.9 97B.025 [ADVANCED HUNTER EDUCATION.] 90.10 The commissioner may establish advanced education courses 90.11 for hunters and trappers. The commissioner, with the approval 90.12 of the commissioner of finance, may impose a fee not to exceed 90.13 $10 for each person attending an advanced education course. The90.14 commissioner shall establish the fee under section 16A.1285.90.15 Sec. 9. Minnesota Statutes 1998, section 103G.301, 90.16 subdivision 2, is amended to read: 90.17 Subd. 2. [PERMIT APPLICATION FEES.] (a)An application for 90.18 a permit authorized under this chapter, and each request to 90.19 amend or transfer an existing permit, must be accompanied by a 90.20 permit application fee to defray the costs of receiving, 90.21 recording, and processing the application or request to amend or 90.22 transfer. 90.23 (b) The application fee for a permit to appropriate water,90.24 a permit to construct or repair a dam that is subject to dam90.25 safety inspection, a state general permit, or to apply for the90.26 state water bank program is $75. The application fee for a90.27 permit to work in public waters or to divert waters for mining90.28 must be at least $75, but not more than $500, in accordance with90.29 a schedule of fees adopted under section 16A.1285.90.30 Sec. 10. Minnesota Statutes 1998, section 103I.525, 90.31 subdivision 9, is amended to read: 90.32 Subd. 9. [INCOMPLETE OR LATE RENEWAL.] If a licensee fails 90.33 to submit all information required for renewal in subdivision 8 90.34 or submits the application and information after the required 90.35 renewal date: 90.36 (1) the licensee must include an additional late fee set by 91.1 the commissioner under section 16A.1285; and 91.2 (2) the licensee may not conduct activities authorized by 91.3 the well contractor's license until the renewal application, 91.4 renewal application fee, late fee, and all other information 91.5 required in subdivision 8 are submitted. 91.6 Sec. 11. Minnesota Statutes 1998, section 103I.531, 91.7 subdivision 9, is amended to read: 91.8 Subd. 9. [INCOMPLETE OR LATE RENEWAL.] If a licensee fails 91.9 to submit all information required for renewal in subdivision 8 91.10 or submits the application and information after the required 91.11 renewal date: 91.12 (1) the licensee must include an additional late fee set by 91.13 the commissioner under section 16A.1285; and 91.14 (2) the licensee may not conduct activities authorized by 91.15 the limited well contractor's license until the renewal 91.16 application, renewal application fee, and late fee, and all 91.17 other information required in subdivision 8 are submitted. 91.18 Sec. 12. Minnesota Statutes 1998, section 103I.535, 91.19 subdivision 9, is amended to read: 91.20 Subd. 9. [INCOMPLETE OR LATE RENEWAL.] If a licensee fails 91.21 to submit all information required for renewal in subdivision 8 91.22 or submits the application and information after the required 91.23 renewal date: 91.24 (1) the licensee must include an additional late fee set by 91.25 the commissioner under section 16A.1285; and 91.26 (2) the licensee may not conduct activities authorized by 91.27 the elevator shaft contractor's license until the renewal 91.28 application, renewal application fee, and late fee, and all 91.29 other information required in subdivision 8 are submitted. 91.30 Sec. 13. Minnesota Statutes 1998, section 103I.541, 91.31 subdivision 5, is amended to read: 91.32 Subd. 5. [INCOMPLETE OR LATE RENEWAL.] If a registered 91.33 person submits a renewal application after the required renewal 91.34 date: 91.35 (1) the registered person must include an additional late 91.36 fee set by the commissioner under section 16A.1285; and 92.1 (2) the registered person may not conduct activities 92.2 authorized by the monitoring well contractor's registration 92.3 until the renewal application, renewal application fee, late 92.4 fee, and all other information required in subdivision 4 are 92.5 submitted. 92.6 Sec. 14. Minnesota Statutes 1998, section 115B.49, 92.7 subdivision 2, is amended to read: 92.8 Subd. 2. [REVENUE SOURCES.] Revenue from the following 92.9 sources must be deposited in the state treasury and credited to 92.10 the account: 92.11 (1) the proceeds of the fees imposed by subdivision 4; 92.12 (2) interest attributable to investment of money in the 92.13 account; 92.14 (3) penalties and interest collected under subdivision 4, 92.15 paragraph (d)(c); and 92.16 (4) money received by the commissioner for deposit in the 92.17 account in the form of gifts, grants, and appropriations. 92.18 Sec. 15. Minnesota Statutes 1998, section 115B.49, 92.19 subdivision 4, is amended to read: 92.20 Subd. 4. [REGISTRATION; FEES.] (a) The owner or operator 92.21 of a drycleaning facility shall register on or before July 1 of 92.22 each year with the commissioner of revenue in a manner 92.23 prescribed by the commissioner of revenue and pay a registration 92.24 fee for the facility. The amount of the fee is: 92.25 (1) $500, for facilities with a full-time equivalence of 92.26 fewer than five; 92.27 (2) $1,000, for facilities with a full-time equivalence of 92.28 five to ten; and 92.29 (3) $1,500, for facilities with a full-time equivalence of 92.30 more than ten. 92.31 (b) A person who sells drycleaning solvents for use by 92.32 drycleaning facilities in the state shall collect and remit to 92.33 the commissioner of revenue in a manner prescribed by the 92.34 commissioner of revenue, on or before the 20th day of the month 92.35 following the month in which the sales of drycleaning solvents 92.36 are made, a fee of: 93.1 (1) $3.50 for each gallon of perchloroethylene sold for use 93.2 by drycleaning facilities in the state; and 93.3 (2) 70 cents for each gallon of hydrocarbon-based 93.4 drycleaning solvent sold for use by drycleaning facilities in 93.5 the state. 93.6 (c) The commissioner shall, after a public hearing but93.7 notwithstanding section 16A.1285, subdivision 4, annually adjust93.8 the fees in this subdivision as necessary to maintain annual93.9 income of at least:93.10 (1) $600,000 beginning July 1, 1997;93.11 (2) $700,000 beginning July 1, 1998; and93.12 (3) $800,000 beginning July 1, 1999.93.13 Any adjustment under this paragraph must be prorated among all93.14 the fees in this subdivision. After adjustment under this93.15 paragraph, the fees in this subdivision must not be greater than93.16 two times their original amount. The commissioner shall notify93.17 the commissioner of revenue of an adjustment under this93.18 paragraph no later than March 1 of the year in which the93.19 adjustment is to become effective. The adjustment is effective93.20 for sales of drycleaning solvents made, and annual registration93.21 fees due, beginning on July 1 of the same year.93.22 (d)To enforce this subdivision, the commissioner of 93.23 revenue may examine documents, assess and collect fees, conduct 93.24 investigations, issue subpoenas, grant extensions to file 93.25 returns and pay fees, impose penalties and interest on the 93.26 annual registration fee under paragraph (a) and the monthly fee 93.27 under paragraph (b), abate penalties and interest, and 93.28 administer appeals, in the manner provided in chapters 270 and 93.29 289A. The penalties and interest imposed on taxes under chapter 93.30 297A apply to the fees imposed under this subdivision. 93.31 Disclosure of data collected by the commissioner of revenue 93.32 under this subdivision is governed by chapter 270B. 93.33 Sec. 16. Minnesota Statutes 1998, section 115B.491, 93.34 subdivision 2, is amended to read: 93.35 Subd. 2. [RETURN REQUIRED.] On or before the 20th of each 93.36 calendar month, every drycleaning facility that has purchased 94.1 drycleaning solvents for use in this state during the preceding 94.2 calendar month, upon which the fee imposed by section 115B.49, 94.3 subdivision 4, paragraph (b), has not been paid to the seller of 94.4 the drycleaning solvents, shall file a return with the 94.5 commissioner of revenue showing the quantity of solvents 94.6 purchased and a computation of the fee under section 115B.49, 94.7 subdivision 4, paragraph (d)(c). The fee must accompany the 94.8 return. The return must be made upon a form furnished and 94.9 prescribed by the commissioner of revenue and must contain such 94.10 other information as the commissioner of revenue may require. 94.11 Sec. 17. Minnesota Statutes 1998, section 115B.491, 94.12 subdivision 3, is amended to read: 94.13 Subd. 3. [APPLICABILITY.] All of the provisions of section 94.14 115B.49, subdivision 4, paragraph (d)(c), apply to this section. 94.15 Sec. 18. Minnesota Statutes 1998, section 116.07, 94.16 subdivision 4d, is amended to read: 94.17 Subd. 4d. [PERMIT FEES.] (a) The agency may collect permit 94.18 fees in amounts not greater than those necessary to cover the 94.19 reasonable costs of reviewing and acting upon applications for 94.20 agency permits and implementing and enforcing the conditions of 94.21 the permits pursuant to agency rules. Permit fees shall not 94.22 include the costs of litigation. The agency shall adopt rules94.23 under section 16A.1285 establishing a system for charging permit94.24 fees collected under this subdivision.The fee schedule must 94.25 reflect reasonable and routine permitting, implementation, and 94.26 enforcement costs. The agency may impose an additional 94.27 enforcement fee to be collected for a period of up to two years 94.28 to cover the reasonable costs of implementing and enforcing the 94.29 conditions of a permit under the rules of the agency. Any money 94.30 collected under this paragraph shall be deposited in the 94.31 environmental fund. 94.32 (b) Notwithstanding paragraph (a), and section 16A.1285, 94.33 subdivision 2, the agency shall collect an annual fee from the 94.34 owner or operator of all stationary sources, emission 94.35 facilities, emissions units, air contaminant treatment 94.36 facilities, treatment facilities, potential air contaminant 95.1 storage facilities, or storage facilities subject to the 95.2 requirement to obtain a permit under subchapter V of the federal 95.3 Clean Air Act, United States Code, title 42, section 7401 et 95.4 seq., or section 116.081. The annual fee shall be used to pay 95.5 for all direct and indirect reasonable costs, including attorney 95.6 general costs, required to develop and administer the permit 95.7 program requirements of subchapter V of the federal Clean Air 95.8 Act, United States Code, title 42, section 7401 et seq., and 95.9 sections of this chapter and the rules adopted under this 95.10 chapter related to air contamination and noise. Those costs 95.11 include the reasonable costs of reviewing and acting upon an 95.12 application for a permit; implementing and enforcing statutes, 95.13 rules, and the terms and conditions of a permit; emissions, 95.14 ambient, and deposition monitoring; preparing generally 95.15 applicable regulations; responding to federal guidance; 95.16 modeling, analyses, and demonstrations; preparing inventories 95.17 and tracking emissions; and providing information to the public 95.18 about these activities. 95.19 (c) The agency shall adopt fee rules in accordance with the95.20 procedures in section 16A.1285, subdivision 5,set fees that: 95.21 (1) will result in the collection, in the aggregate, from 95.22 the sources listed in paragraph (b), of an amount not less than 95.23 $25 per ton of each volatile organic compound; pollutant 95.24 regulated under United States Code, title 42, section 7411 or 95.25 7412 (section 111 or 112 of the federal Clean Air Act); and each 95.26 pollutant, except carbon monoxide, for which a national primary 95.27 ambient air quality standard has been promulgated; 95.28 (2) may result in the collection, in the aggregate, from 95.29 the sources listed in paragraph (b), of an amount not less than 95.30 $25 per ton of each pollutant not listed in clause (1) that is 95.31 regulated under this chapter or air quality rules adopted under 95.32 this chapter; and 95.33 (3) shall collect, in the aggregate, from the sources 95.34 listed in paragraph (b), the amount needed to match grant funds 95.35 received by the state under United States Code, title 42, 95.36 section 7405 (section 105 of the federal Clean Air Act). 96.1 The agency must not include in the calculation of the aggregate 96.2 amount to be collected under clauses (1) and (2) any amount in 96.3 excess of 4,000 tons per year of each air pollutant from a 96.4 source. The increase in air permit fees to match federal grant 96.5 funds shall be a surcharge on existing fees. The commissioner 96.6 may not collect the surcharge after the grant funds become 96.7 unavailable. In addition, the commissioner shall use nonfee 96.8 funds to the extent practical to match the grant funds so that 96.9 the fee surcharge is minimized. 96.10 (d) To cover the reasonable costs described in paragraph 96.11 (b), the agency shall provide in the rules promulgated under 96.12 paragraph (c) for an increase in the fee collected in each year 96.13 by the percentage, if any, by which the Consumer Price Index for 96.14 the most recent calendar year ending before the beginning of the 96.15 year the fee is collected exceeds the Consumer Price Index for 96.16 the calendar year 1989. For purposes of this paragraph the 96.17 Consumer Price Index for any calendar year is the average of the 96.18 Consumer Price Index for all-urban consumers published by the 96.19 United States Department of Labor, as of the close of the 96.20 12-month period ending on August 31 of each calendar year. The 96.21 revision of the Consumer Price Index that is most consistent 96.22 with the Consumer Price Index for calendar year 1989 shall be 96.23 used. 96.24 (e) Any money collected under paragraphs (b) to (d) must be 96.25 deposited in an air quality account in the environmental fund 96.26 and must be used solely for the activities listed in paragraph 96.27 (b). 96.28 (f) Persons who wish to construct or expand an air emission 96.29 facility may offer to reimburse the agency for the costs of 96.30 staff overtime or consultant services needed to expedite permit 96.31 review. The reimbursement shall be in addition to fees imposed 96.32 by paragraphs (a) to (d). When the agency determines that it 96.33 needs additional resources to review the permit application in 96.34 an expedited manner, and that expediting the review would not 96.35 disrupt air permitting program priorities, the agency may accept 96.36 the reimbursement. Reimbursements accepted by the agency are 97.1 appropriated to the agency for the purpose of reviewing the 97.2 permit application. Reimbursement by a permit applicant shall 97.3 precede and not be contingent upon issuance of a permit and 97.4 shall not affect the agency's decision on whether to issue or 97.5 deny a permit, what conditions are included in a permit, or the 97.6 application of state and federal statutes and rules governing 97.7 permit determinations. 97.8 Sec. 19. Minnesota Statutes 1998, section 116.12, is 97.9 amended to read: 97.10 116.12 [HAZARDOUS WASTE ADMINISTRATION FEES.] 97.11 Subdivision 1. [FEE SCHEDULES.] The agency shall establish 97.12 the fees provided in subdivisions 2 and 3 in the manner provided97.13 in section 16A.1285to cover expenditures of amounts 97.14 appropriated from the environmental fund to the agency for 97.15 permitting, monitoring, inspection, and enforcement expenses of 97.16 the hazardous waste activities of the agency. 97.17 Subd. 2. [HAZARDOUS WASTE GENERATOR FEE.] (a) Each 97.18 generator of hazardous waste shall pay a fee on the hazardous 97.19 waste generated by that generator. The agency shall adopt rules97.20 in accordance with chapter 14 establishing a system for charging97.21 fees to generators. The rules must include the basis for97.22 determining the amount of fees, and procedures and deadlines for97.23 payment of fees.The agency shall base the amount of fees on 97.24 the quantity of hazardous waste generated and may charge a 97.25 minimum fee for each generator not exempted by the agency. In 97.26 adopting the fee rules, the agency shall consider: 97.27 (1) reducing the fees for generators using environmentally 97.28 beneficial hazardous waste management methods, including 97.29 recycling; 97.30 (2) the agency resources allocated to regulating the 97.31 various sizes or types of generators; 97.32 (3) adjusting fees for sizes or types of generators that 97.33 would bear a disproportionate share of the fees to be collected; 97.34 and 97.35 (4) whether implementing clauses (1) to (3) would require 97.36 excessive staff time compared to staff time available for 98.1 providing technical assistance to generators or would make the 98.2 fee system difficult for generators to understand. 98.3 (b) The agency may exempt generators of very small 98.4 quantities of hazardous wastes otherwise subject to the fee if 98.5 it finds that the cost of administering a fee on those 98.6 generators is excessive relative to the proceeds of the fee. 98.7 (c) The agency shall reduce fees charged to generators in 98.8 counties which also charge generator fees to reflect a lesser 98.9 level of activity by the agency in those counties. The fees 98.10 charged by the agency in those counties shall be collected by 98.11 the counties in the manner in which and at the same time as 98.12 those counties collect their generator fees. Counties shall 98.13 remit to the agency the amount of the fees charged by the agency 98.14 by the last day of the month following the month in which they 98.15 were collected. If a county does not collect or remit generator 98.16 fees due to the agency, the agency may collect fees from 98.17 generators in that county according to rules adopted under 98.18 paragraph (a). 98.19 (d) The agency may not impose a volume-based fee under this 98.20 subdivision on material that is reused at the facility where the 98.21 material is generated in a manner that the facility owner or 98.22 operator can demonstrate does not increase the toxicity of, or 98.23 the level of hazardous substances or pollutants or contaminants 98.24 in, products that leave the facility. The agency may impose a 98.25 flat annual fee on a facility that generates the type of 98.26 material described in the preceding sentence, provided that the 98.27 fee reflects the reasonable and necessary costs of inspections 98.28 of the facility. 98.29 Subd. 3. [FACILITY FEES.] The agency shall charge 98.30 hazardous waste facility fees including, but not limited to, an 98.31 original permit fee, a reissuance fee, a major modification fee, 98.32 and an annual facility fee for any hazardous waste facility 98.33 regulated by the agency. The agency shall adopt rules in98.34 accordance with chapter 14 establishing a system for charging98.35 hazardous waste facility fees.The agency may exempt facilities 98.36 otherwise subject to the fee if regulatory oversight of those 99.1 facilities is minimal. The agency may include reasonable and 99.2 necessary costs of any environmental review required under 99.3 chapter 116D in the original permit fee for any hazardous waste 99.4 facility. 99.5 Sec. 20. Minnesota Statutes 1998, section 116C.834, 99.6 subdivision 1, is amended to read: 99.7 Subdivision 1. [COSTS.] All costs incurred by the state to 99.8 carry out its responsibilities under the compact and under 99.9 sections 116C.833 to 116C.843 shall be paid by generators of 99.10 low-level radioactive waste in this state through fees assessed 99.11 by the pollution control agency. The agency shall assess the99.12 fees in the manner provided in section 16A.1285.Fees may be 99.13 reasonably assessed on the basis of volume or degree of hazard 99.14 of the waste produced by a generator. Costs for which fees may 99.15 be assessed include, but are not limited to: 99.16 (1) the state contribution required to join the compact; 99.17 (2) the expenses of the Commission member and state agency 99.18 costs incurred to support the work of the Interstate Commission; 99.19 and 99.20 (3) regulatory costs. 99.21 Sec. 21. Minnesota Statutes 1998, section 144.98, 99.22 subdivision 3, is amended to read: 99.23 Subd. 3. [FEES.] (a) An application for certification 99.24 under subdivision 1 must be accompanied by the biennial fee 99.25 specified in this subdivision. The fees are for: 99.26 (1) base certification fee, $500; and 99.27 (2) test category certification fees: 99.28 Test Category Certification Fee 99.29 Bacteriology $200 99.30 Inorganic chemistry, fewer than four constituents $100 99.31 Inorganic chemistry, four or more constituents $300 99.32 Chemistry metals, fewer than four constituents $200 99.33 Chemistry metals, four or more constituents $500 99.34 Volatile organic compounds $600 99.35 Other organic compounds $600 99.36 (b) The total biennial certification fee is the base fee 100.1 plus the applicable test category fees. The biennial 100.2 certification fee for a contract laboratory is 1.5 times the 100.3 total certification fee. 100.4 (c) Laboratories located outside of this state that require 100.5 an on-site survey will be assessed an additional $1,200 fee. 100.6 (d) The commissioner of health may adjust fees under100.7 section 16A.1285 without rulemaking.Fees must be set so that 100.8 the total fees support the laboratory certification program. 100.9 Direct costs of the certification service include program 100.10 administration, inspections, the agency's general support costs, 100.11 and attorney general costs attributable to the fee function. 100.12 Sec. 22. Minnesota Statutes 1998, section 176.102, 100.13 subdivision 14, is amended to read: 100.14 Subd. 14. [FEES.] The commissioner shall impose fees under100.15 section 16A.1285sufficient to cover the cost of approving and 100.16 monitoring qualified rehabilitation consultants, consultant 100.17 firms, and vendors of rehabilitation services. These fees are 100.18 payable to the special compensation fund. 100.19 Sec. 23. Minnesota Statutes 1998, section 183.375, 100.20 subdivision 5, is amended to read: 100.21 Subd. 5. [FEES.] All fees collected by the division of 100.22 boiler inspection shall be paid into the state treasury in the 100.23 manner provided by law for fees received by other state 100.24 departments and credited to the general fund. When fees are to100.25 be set by the commissioner, they shall be set pursuant to100.26 section 16A.1285.100.27 Sec. 24. Minnesota Statutes 1998, section 223.17, 100.28 subdivision 3, is amended to read: 100.29 Subd. 3. [GRAIN BUYERS AND STORAGE FUND; FEES.] The 100.30 commissioner shall set the fees for inspections under sections 100.31 223.15 to 223.22 at levels necessary to pay the expenses of 100.32 administering and enforcing sections 223.15 to 223.22. These100.33 fees may be adjusted pursuant to the provisions of section100.34 16A.1285.100.35 The fee for any license issued or renewed after June 30, 100.36 1997, shall be set according to the following schedule: 101.1 (a) $100 plus $50 for each additional location for grain 101.2 buyers whose gross annual purchases are less than $100,000; 101.3 (b) $200 plus $50 for each additional location for grain 101.4 buyers whose gross annual purchases are at least $100,000, but 101.5 not more than $750,000; 101.6 (c) $300 plus $100 for each additional location for grain 101.7 buyers whose gross annual purchases are more than $750,000 but 101.8 not more than $1,500,000; 101.9 (d) $400 plus $100 for each additional location for grain 101.10 buyers whose gross annual purchases are more than $1,500,000 but 101.11 not more than $3,000,000; and 101.12 (e) $500 plus $100 for each additional location for grain 101.13 buyers whose gross annual purchases are more than $3,000,000. 101.14 There is created in the state treasury the grain buyers and 101.15 storage fund. Money collected pursuant to sections 223.15 to 101.16 223.19 shall be paid into the state treasury and credited to the 101.17 grain buyers and storage fund and is appropriated to the 101.18 commissioner for the administration and enforcement of sections 101.19 223.15 to 223.22. 101.20 Sec. 25. Minnesota Statutes 1998, section 239.101, 101.21 subdivision 4, is amended to read: 101.22 Subd. 4. [SETTING WEIGHTS AND MEASURES FEES.] The 101.23 department shall review its schedule of inspection fees at the 101.24 end of each six months. When a review indicates that the101.25 schedule of inspection fees should be adjusted, the commissioner101.26 shall fix the fees by rule, in accordance with section 16A.1285,101.27 to ensure that the fees charged are sufficient to recover all101.28 costs connected with the inspections.101.29 Sec. 26. Minnesota Statutes 1998, section 299M.04, is 101.30 amended to read: 101.31 299M.04 [RULES; FEES; ORDERS; PENALTIES.] 101.32 The commissioner shall adopt permanent rules for operation 101.33 of the council; regulation by municipalities; permit, filing,101.34 inspection, certificate, and license fees;qualifications, 101.35 examination, and licensing of fire protection contractors; 101.36 certification of journeyman sprinkler fitters; registration of 102.1 apprentices; and the administration and enforcement of this 102.2 chapter. Fees must be set under section 16A.1285.Permit fees 102.3 must be a percentage of the total cost of the fire protection 102.4 work. 102.5 The commissioner may issue a cease and desist order to 102.6 cease an activity considered an immediate risk to public health 102.7 or public safety. The commissioner shall adopt permanent rules 102.8 governing when an order may be issued; how long the order is 102.9 effective; notice requirements; and other procedures and 102.10 requirements necessary to implement, administer, and enforce the 102.11 provisions of this chapter. 102.12 The commissioner, in place of or in addition to licensing 102.13 sanctions allowed under this chapter, may impose a civil penalty 102.14 not greater than $1,000 for each violation of this chapter or 102.15 rule adopted under this chapter, for each day of violation. The 102.16 commissioner shall adopt permanent rules governing and 102.17 establishing procedures for implementation, administration, and 102.18 enforcement of this paragraph. 102.19 Sec. 27. Minnesota Statutes 1998, section 326.50, is 102.20 amended to read: 102.21 326.50 [APPLICATION; FEES.] 102.22 Application for an individual contracting pipefitter 102.23 competency or an individual journeyman pipefitter competency 102.24 license shall be made to the department of labor and industry, 102.25 with fees. The applicant shall be licensed only after passing 102.26 an examination by the department of labor and industry. Fees102.27 and conditions for renewal of an individual contracting102.28 pipefitter competency or an individual journeyman pipefitter102.29 competency license shall be determined by the department by rule102.30 under chapter 14 and section 16A.1285.102.31 Sec. 28. Minnesota Statutes 1998, section 326.86, 102.32 subdivision 1, is amended to read: 102.33 Subdivision 1. [LICENSING FEE.] The licensing fee for 102.34 persons licensed pursuant to sections 326.83 to 326.991 is $75 102.35 per year. The commissioner may adjust the fees under section102.36 16A.1285 to recover the costs of administration and103.1 enforcement.The fees must be limited to the cost of license 103.2 administration and enforcement and must be deposited in the 103.3 state treasury and credited to the general fund. 103.4 Sec. 29. [EFFECTIVE DATE.] 103.5 This article is effective July 1, 2001.