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 ask inform 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 Seventh
25.36 Street to the center line of the Fifth Street ramp, thence
26.1 northwesterly along the center line of the Fifth Street ramp to
26.2 the east 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. If
26.20 construction of the labor interpretive center does not commence
26.21 prior to December 31, 2000, at the site recommended by the
26.22 board, the boundaries of the capitol area revert to their
26.23 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 Monday Tuesday 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 warrants
33.20 issued for federal assistance programs, that have been issued
33.21 and delivered for more than six months prior to that date and
33.22 credit to the general fund the respective amounts of the
33.23 canceled warrants on 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 of sections 345.31 to 345.60. The
33.28 commissioner and the treasurer shall cancel upon their books all
33.29 outstanding unpaid commissioner's warrants issued for federal
33.30 assistance programs that have been issued and delivered for more
33.31 than the period of time set pursuant to the federal program and
33.32 credit to the general fund and the appropriate account in the
33.33 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 this
34.5 subdivision that 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 finance
34.8 the following kinds of purchases:
34.9 (a) The master lease may be used to finance purchases by
34.10 the commissioner of administration with money from an internal
34.11 services fund.
34.12 (b) The master lease may be used to refinance a purchase of
34.13 equipment already purchased under a lease-purchase agreement.
34.14 (c) The master lease may be used to finance purchases of
34.15 large equipment with a capital value of more than $100,000 and a
34.16 useful life of more than ten years.
34.17 (d) The legislature may specifically authorize a particular
34.18 purchase to be financed using the master lease. The legislature
34.19 anticipates that this authorization will be given only to
34.20 finance the purchase of major pieces of equipment with a capital
34.21 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 commissioner two 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 of
35.8 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 and bond 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 of administering 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 of
39.29 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, 1999 2000.
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 facilities services 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 1 Subd. 1a. [CREATION.] The state information
41.10 infrastructure provides shall 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, after
41.35 consultation with the office of technology, shall:
41.36 (1) provide negotiate, enter into, and administer contracts
42.1 for voice, data, video, and other leased telecommunications
42.2 transmission services 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 system a plan, including plans for the phasing of its
42.12 implementation and maintenance of the initial system out 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 plan plans for
42.22 interconnection of the 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 colleges
42.25 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 participation secure 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, and the board of
43.7 trustees of the Minnesota state colleges and universities,
43.8 and may request the participation of the board of regents of the
43.9 University of Minnesota, in the planning and implementation of
43.10 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 system leased services.
43.20 (b) A direct appropriation made to an educational
43.21 institution for usage costs associated with the state
43.22 information infrastructure must only be used by the educational
43.23 institution for payment of usage costs of the network as billed
43.24 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 operate
43.30 telecommunications services carry 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 the
49.16 executive branch managed by an executive director appointed by
49.17 the governor under 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 director commissioner 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 exceed
49.32 85 percent of the governor's salary. The executive director may
49.33 employ a deputy director, assistant directors, and other
49.34 employees that the executive director may consider necessary.
49.35 The executive director and the deputy and assistant directors
49.36 and one confidential secretary serve in the unclassified
50.1 service. The staff of the office must include individuals
50.2 knowledgeable in information and communications technology. The
50.3 executive director may appoint other personnel as necessary to
50.4 operate the office of technology in accordance with chapter 43A.
50.5 Subd. 2. [INTERGOVERNMENTAL PARTICIPATION.] The executive
50.6 director commissioner of administration or the director's
50.7 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 house
51.8 ways and means committees commissioner of administration by
51.9 August November 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, shall may 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 to exceed:
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 year for 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 directly
60.23 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 $300
60.27 (5) $600 for incidental expenses of each company, battery,
60.28 or detachment; and at the time of the annual encampment or
60.29 maneuvers, for each division or camp headquarters mess $200; for
60.30 each officers' mess of a regiment, group, or higher headquarters
60.31 $200; and for the officers' mess of each battalion or equivalent
60.32 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 rules adjutant 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, 1999 2001. The department may
61.5 not receive or accept new applications after June 30, 1999 2001.
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 caucus
61.21 results to the public shall 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 program programs 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 FOR MEETING WITH ELECTION
62.14 OFFICIALS.] At least 12 weeks before each state primary
62.15 regularly scheduled general election, each county auditor shall
62.16 conduct a training program for meeting with local election
62.17 officials to review the procedures for the election. The county
62.18 auditor may require the municipal clerks and the chairs of the
62.19 election boards in the county to meet for this training program
62.20 before the election at a time and place set by the county
62.21 auditor. The training program shall include instruction in
62.22 election procedures and the duties of municipal clerks and
62.23 election judges. The chairs of the election boards shall be
62.24 compensated by the municipalities for the incidental expenses
62.25 incurred by them to attend a training program attend 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 funds money 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 funds make 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 funds money 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 establishing shall 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 fees
66.10 recovered by the secretary must be deposited in the state
66.11 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; and
67.7 (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 48 96 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, by
69.8 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-member A
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 director commissioner of the
70.18 office of technology administration; 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 MNet the 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 encourage
71.25 may allow each employee to take an unpaid leave of absence for
71.26 up to 160 hours during the period ending June 30, 1999 2001.
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. Approximately Up 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, the
86.35 statement of need and reasonableness must include the comments
86.36 and recommendations of the commissioner of finance and must
87.1 address any fiscal and policy concerns raised during the review
87.2 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 commissioner
87.22 of finance, and must address any fiscal and policy concerns
87.23 raised during the review process, as required by section
87.24 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 a
88.3 construction or installation permit or elevator contractor
88.4 license application;
88.5 (2) to set a fee under section 16A.1285 to cover the cost
88.6 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 section
88.33 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 section
89.11 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 be
89.20 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 the
89.26 fees as provided under section 16A.1285 to recover the costs of
89.27 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 fees
90.2 as provided under section 16A.1285 to recover the costs of
90.3 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. The
90.14 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 dam
90.25 safety inspection, a state general permit, or to apply for the
90.26 state water bank program is $75. The application fee for a
90.27 permit to work in public waters or to divert waters for mining
90.28 must be at least $75, but not more than $500, in accordance with
90.29 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 but
93.7 notwithstanding section 16A.1285, subdivision 4, annually adjust
93.8 the fees in this subdivision as necessary to maintain annual
93.9 income of at least:
93.10 (1) $600,000 beginning July 1, 1997;
93.11 (2) $700,000 beginning July 1, 1998; and
93.12 (3) $800,000 beginning July 1, 1999.
93.13 Any adjustment under this paragraph must be prorated among all
93.14 the fees in this subdivision. After adjustment under this
93.15 paragraph, the fees in this subdivision must not be greater than
93.16 two times their original amount. The commissioner shall notify
93.17 the commissioner of revenue of an adjustment under this
93.18 paragraph no later than March 1 of the year in which the
93.19 adjustment is to become effective. The adjustment is effective
93.20 for sales of drycleaning solvents made, and annual registration
93.21 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 rules
94.23 under section 16A.1285 establishing a system for charging permit
94.24 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 the
95.20 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 provided
97.13 in section 16A.1285 to 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 rules
97.20 in accordance with chapter 14 establishing a system for charging
97.21 fees to generators. The rules must include the basis for
97.22 determining the amount of fees, and procedures and deadlines for
97.23 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 in
98.34 accordance with chapter 14 establishing a system for charging
98.35 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 the
99.12 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 under
100.7 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 under
100.15 section 16A.1285 sufficient 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 to
100.25 be set by the commissioner, they shall be set pursuant to
100.26 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. These
100.33 fees may be adjusted pursuant to the provisions of section
100.34 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 the
101.25 schedule of inspection fees should be adjusted, the commissioner
101.26 shall fix the fees by rule, in accordance with section 16A.1285,
101.27 to ensure that the fees charged are sufficient to recover all
101.28 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. Fees
102.27 and conditions for renewal of an individual contracting
102.28 pipefitter competency or an individual journeyman pipefitter
102.29 competency license shall be determined by the department by rule
102.30 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 section
102.36 16A.1285 to recover the costs of administration and
103.1 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.