1st Unofficial Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to state government; appropriating money for 1.3 the general administrative expenses of state 1.4 government; modifying provisions relating to state 1.5 government operations; amending Minnesota Statutes 1.6 1998, sections 3.3005, by adding a subdivision; 3.305, 1.7 by adding subdivisions; 3.85, subdivision 3; 8.15, 1.8 subdivisions 1, 2, and 3; 13.03, subdivision 2; 13.05, 1.9 by adding a subdivision; 13.073, by adding a 1.10 subdivision; 14.131; 14.23; 15.0591, subdivision 2; 1.11 15.50, subdivision 2; 16A.102, subdivision 1; 16A.103, 1.12 subdivision 1; 16A.11, by adding a subdivision; 1.13 16A.45, subdivision 1; 16B.31, subdivision 2; 16B.415; 1.14 16B.46; 16B.465; 16B.58, by adding a subdivision; 1.15 16B.748; 16C.16, by adding a subdivision; 18.54; 1.16 21.92; 43A.04, by adding a subdivision; 60A.964, 1.17 subdivision 1; 60A.972, subdivision 3; 97B.025; 1.18 103G.301, subdivision 2; 103I.525, subdivision 9; 1.19 103I.531, subdivision 9; 103I.535, subdivision 9; 1.20 103I.541, subdivision 5; 115B.49, subdivisions 2 and 1.21 4; 115B.491, subdivisions 2 and 3; 116.07, subdivision 1.22 4d; 116.12; 116C.834, subdivision 1; 119A.05, 1.23 subdivision 1; 128C.02, by adding a subdivision; 1.24 136F.581, subdivision 3; 136F.66; 138.17, subdivisions 1.25 7 and 8; 144.98, subdivision 3; 176.102, subdivision 1.26 14; 183.375, subdivision 5; 197.79, subdivision 10; 1.27 202A.18, by adding a subdivision; 202A.20, subdivision 1.28 2; 223.17, subdivision 3; 239.101, subdivision 4; 1.29 256.9753, subdivision 3; 297F.08, by adding a 1.30 subdivision; 299M.04; 326.50; 326.86, subdivision 1; 1.31 349.163, subdivision 4; 356.219, subdivision 7; 1.32 383A.322; 465.803, subdivision 3; 465.81, subdivision 1.33 2; 465.82, subdivision 1; 465.84; 471.345, subdivision 1.34 8; 572A.02, subdivision 5; Laws 1995, First Special 1.35 Session chapter 3, article 12, section 10; proposing 1.36 coding for new law in Minnesota Statutes, chapters 3; 1.37 16A; 16C; 16D; and 43A; proposing coding for new law 1.38 as Minnesota Statutes, chapter 604B; repealing 1.39 Minnesota Statutes 1998, sections 4A.08; 4A.09; 4A.10; 1.40 15.90; 15.91; 15.92; 16A.103, subdivision 3; 16A.1285, 1.41 subdivisions 4 and 5; 16B.39, subdivision 2; 16B.88; 1.42 16E.11; 43A.211; 207A.01; 207A.02; 207A.03; 207A.04; 1.43 207A.06; 207A.07; 207A.08; 207A.09; 207A.10; 394.232; 1.44 462.3535; 465.795; 465.796; 465.797; 465.7971; 1.45 465.798; 465.799; 465.801; 465.802; 465.803; 465.83; 1.46 465.87; 465.88; 473.1455; 572A.01; and 572A.03, 2.1 subdivision 2. 2.2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.3 ARTICLE 1 2.4 APPROPRIATIONS 2.5 Section 1. [STATE GOVERNMENT APPROPRIATIONS.] 2.6 The sums shown in the columns marked "APPROPRIATIONS" are 2.7 appropriated from the general fund, or another fund named, to 2.8 the agencies and for the purposes specified in this act, to be 2.9 available for the fiscal years indicated for each purpose. The 2.10 figures "2000" and "2001," where used in this act, mean that the 2.11 appropriation or appropriations listed under them are available 2.12 for the year ending June 30, 2000, or June 30, 2001, 2.13 respectively. 2.14 SUMMARY BY FUND 2.15 BIENNIAL 2.16 2000 2001 TOTAL 2.17 General $312,160,000 $299,374,000 $611,534,000 2.18 State 2.19 Government 2.20 Special Revenue 13,259,000 13,239,000 26,498,000 2.21 Health Care Access 1,842,000 1,871,000 3,713,000 2.22 Environmental 236,000 242,000 478,000 2.23 Solid Waste 660,000 670,000 1,330,000 2.24 Highway User 2.25 Tax Distribution 2,129,000 2,173,000 4.302,000 2.26 Trunk Highway 37,000 37,000 74,000 2.27 Workers' 2.28 Compensation 6,938,000 7,045,000 13,983,000 2.29 TOTAL $337,261,000 $324,651,000 $661,912,000 2.30 APPROPRIATIONS 2.31 Available for the Year 2.32 Ending June 30 2.33 2000 2001 2.34 Sec. 2. LEGISLATURE 2.35 Subdivision 1. Total 2.36 Appropriation $53,776,000 $57,754,000 2.37 Summary by Fund 2.38 General 53,589,000 57,567,000 2.39 Health Care Access 150,000 150,000 2.40 Trunk Highway 37,000 37,000 3.1 The amounts that may be spent from this 3.2 appropriation for each program are 3.3 specified in the following subdivisions. 3.4 Subd. 2. Senate 3.5 15,217,000 16,602,000 3.6 Of amounts previously appropriated to 3.7 the senate and carried forward into the 3.8 biennium beginning July 1, 1999, 3.9 $1,000,000 is canceled to the general 3.10 fund. 3.11 Subd. 3. House of Representatives 3.12 25,361,000 27,670,000 3.13 Of amounts previously appropriated to 3.14 the house of representatives and 3.15 carried forward into the biennium 3.16 beginning July 1, 1999, $2,000,000 is 3.17 canceled to the general fund. 3.18 The spaces available to house and 3.19 senate staff in the State Office 3.20 Building parking ramp must be 3.21 apportioned so that the percentage of 3.22 house staff who work in the State 3.23 Office Building and are able to park in 3.24 the ramp is the same as the percentage 3.25 of senate staff who work in the State 3.26 Office Building and are able to park in 3.27 the ramp. 3.28 During the interim between the 1999 and 3.29 2000 legislative sessions, the house 3.30 state government finance committee and 3.31 the senate governmental operations 3.32 budget division shall study internal 3.33 service funds and enterprise funds in 3.34 the department of administration and 3.35 the services provided through those 3.36 funds. The study shall evaluate the 3.37 appropriateness of the department 3.38 continuing to provide the services paid 3.39 for through these funds and the 3.40 appropriate funding mechanism for 3.41 providing these services. 3.42 Subd. 4. Legislative 3.43 Coordinating Commission 3.44 Summary by Fund 3.45 General 13,011,000 13,295,000 3.46 Health Care Access 150,000 150,000 3.47 Trunk Highway 37,000 37,000 3.48 $5,484,000 the first year and 3.49 $5,582,000 the second year are for the 3.50 office of the revisor of statutes. 3.51 $1,079,000 the first year and 3.52 $1,107,000 the second year are for the 3.53 legislative reference library. 3.54 $4,765,000 the first year and 3.55 $4,895,000 the second year are for the 4.1 office of the legislative auditor. 4.2 The appropriation to the legislative 4.3 coordinating commission in Laws 1998, 4.4 chapter 366, section 2, does not cancel 4.5 until June 30, 2000. As a condition to 4.6 executing the grant, there must be 4.7 equitable financial participation in 4.8 the exchange by the Canadian provinces. 4.9 Effective January 1, 2000, the house of 4.10 representatives public information 4.11 office and the senate publications 4.12 office are combined, under the 4.13 jurisdiction of the legislative 4.14 coordinating commission. 4.15 Effective January 1, 2000, the house of 4.16 representatives television services 4.17 office and the senate media services 4.18 offices are combined, under the 4.19 jurisdiction of the legislative 4.20 coordinating commission. 4.21 Effective January 1, 2000, the house of 4.22 representatives administrative services 4.23 office and senate offices that provide 4.24 similar services are combined, under 4.25 the jurisdiction of the legislative 4.26 coordinating commission. 4.27 During the interim between the 1999 and 4.28 2000 legislative sessions, legislative 4.29 appointing authorities may work with 4.30 the department of employee relations to 4.31 place legislative staff on temporary 4.32 assignments in state agencies. The 4.33 legislature is responsible for salary 4.34 and benefits of employees who choose 4.35 these temporary assignments. Work 4.36 assignments and hours must be 4.37 negotiated by legislative appointing 4.38 authorities and the state agencies 4.39 getting interim use of legislative 4.40 staff. Refusal of a commissioner to 4.41 find a suitable work assignment for 4.42 interested and qualified legislative 4.43 staff must be reported to the budget 4.44 committee chairs of the house and 4.45 senate that have jurisdiction over that 4.46 agency's budget. 4.47 The legislative commission on pensions 4.48 and retirement shall study and report 4.49 to the legislature by January 15, 2000, 4.50 on the comparability of pension and 4.51 other postretirement benefits between 4.52 public sector and private sector 4.53 employees. When comparing the 4.54 benefits, the commission shall select 4.55 comparable job classifications and 4.56 salary ranges. The study shall compare 4.57 pension portability, initial monthly 4.58 benefits, average annual benefit 4.59 increases, employer and employee 4.60 contribution rates, availability of 4.61 early retirement incentives, 4.62 administrative costs, and other factors 4.63 as necessary to compare benefits. 4.64 The legislative commission on pensions 5.1 and retirement shall study and report 5.2 to the legislature by January 15, 2000, 5.3 on the benefits of changing the 5.4 membership of the commission to include 5.5 nonlegislators. In determining the new 5.6 membership, the commission shall 5.7 consider including representatives of 5.8 both government and nongovernment 5.9 employee organizations, pension fund 5.10 experts with expertise in defined 5.11 benefit and defined contribution 5.12 pension plans, administrative services 5.13 specialists, and others as necessary. 5.14 The legislative coordinating commission 5.15 must implement a plan for scheduling 5.16 house and senate floor sessions at the 5.17 same time and having more joint 5.18 committee meetings. 5.19 Sec. 3. GOVERNOR AND 5.20 LIEUTENANT GOVERNOR 4,019,000 4,104,000 5.21 Not later than September 30, 1999, the 5.22 governor, in consultation with the 5.23 commissioners of agriculture and trade 5.24 and economic development, shall prepare 5.25 and submit an application for federal 5.26 permits as may be needed to authorize 5.27 the growing of experimental and 5.28 demonstration plots of industrial 5.29 hemp. The governor shall also direct 5.30 the commissioner of agriculture, in 5.31 consultation with the commissioner of 5.32 public safety and other appropriate 5.33 commissioners, to establish standards 5.34 and forms for persons wishing to 5.35 register for growing experimental and 5.36 demonstration plots of industrial hemp. 5.37 By September 1 each year, the 5.38 commissioner of finance shall report to 5.39 the chairs of the senate governmental 5.40 operations budget division and the 5.41 house state government finance division 5.42 any personnel costs incurred by the 5.43 office of the governor and lieutenant 5.44 governor that were supported by 5.45 appropriations to other agencies during 5.46 the previous fiscal year. The office 5.47 of the governor shall inform the chairs 5.48 of the divisions before initiating any 5.49 interagency agreements. 5.50 Sec. 4. STATE AUDITOR 9,124,000 9,462,000 5.51 Sec. 5. STATE TREASURER 2,195,000 2,249,000 5.52 Sec. 6. ATTORNEY GENERAL 27,862,000 27,265,000 5.53 Summary by Fund 5.54 General 25,554,000 24,940,000 5.55 State Government 5.56 Special Revenue 1,713,000 1,717,000 5.57 Environmental 135,000 138,000 5.58 Solid Waste 460,000 470,000 6.1 $1,000,000 the first year is for the 6.2 information technology initiative. 6.3 The attorney general and commissioner 6.4 of finance shall continue to review the 6.5 funding mechanism for legal services. 6.6 By February 15, 2000, a report shall be 6.7 submitted to the committees responsible 6.8 for funding the office of the attorney 6.9 general that details further 6.10 refinements to the legal services 6.11 funding mechanism. Some of the issues 6.12 requiring further study include: 6.13 (1) identifying criteria that 6.14 differentiate between a partner and a 6.15 pooled agency; 6.16 (2) clarifying whether the attorney 6.17 general, the agency, or both, is 6.18 responsible for requesting funding for 6.19 pooled agencies; 6.20 (3) determining what process the 6.21 billing rate should follow for 6.22 implementation and of what it should be 6.23 comprised; 6.24 (4) developing a mechanism to ensure 6.25 that legal service resources are 6.26 allocated as intended by the 6.27 legislature and a process to address 6.28 situations where demand exceeds 6.29 resources; 6.30 (5) determining whether partner 6.31 agencies should continue to have 6.32 general fund dollars set aside in the 6.33 attorney general base; and 6.34 (6) determining what method is used to 6.35 ascertain how much funding for legal 6.36 services the attorney general has in 6.37 its base for each agency. 6.38 Sec. 7. SECRETARY OF STATE 14,994,000 6,135,000 6.39 $6,000,000 the first year is a one-time 6.40 appropriation for computer projects. 6.41 This appropriation may be spent only 6.42 upon approval of the director of the 6.43 office of technology. 6.44 Sec. 8. CAMPAIGN FINANCE AND 6.45 PUBLIC DISCLOSURE BOARD 501,000 514,000 6.46 Sec. 9. INVESTMENT BOARD 2,310,000 2,376,000 6.47 Sec. 10. ADMINISTRATIVE HEARINGS 6,664,000 6,859,000 6.48 This appropriation is from the workers' 6.49 compensation special fund. 6.50 Sec. 11. OFFICE OF STRATEGIC 6.51 AND LONG-RANGE PLANNING 5,661,000 4,511,000 6.52 Subdivision 1. Land Inventory 6.53 The director of the office of strategic 6.54 and long-range planning must inventory 6.55 all land owned by the state. The 7.1 inventory must include the total 7.2 acreage, when the state acquired each 7.3 parcel, and the legal authority for 7.4 acquiring each parcel. The director 7.5 must report to the governor and the 7.6 legislature by January 15, 2001. 7.7 Subd. 2. Program Evaluation 7.8 (a) $100,000 each year is base funding 7.9 for a program evaluation division. The 7.10 program evaluation division will work 7.11 real hard and shall scrutinize state 7.12 government programs to identify 7.13 duplication or poor coordination of 7.14 effort and recommend ways to combine or 7.15 organize services to be more effective 7.16 and efficient and will: 7.17 (1) look at programs in a fiscally 7.18 conservative and prudent manner and its 7.19 letterhead shall state "Never forget 7.20 it's the people's money"; 7.21 (2) examine programs and determine 7.22 what's necessary ... not necessarily 7.23 what's "nice" to do; 7.24 (3) work to discover how to prevent 7.25 future costs where possible. In 7.26 conjunction with the department of 7.27 finance, it will pay close attention to 7.28 the future costs of policy and budget 7.29 decisions and insist that projected 7.30 budgets are balanced for four years; 7.31 (4) help to set a responsible budget, 7.32 live within it, and settle up any 7.33 actual surpluses with taxpayers at the 7.34 end of the biennium; 7.35 (5) evaluate programs in tangible ways 7.36 for real, cost-effective results and 7.37 suggest ways to reform or eliminate 7.38 programs if they are redundant or 7.39 aren't producing desired results; and 7.40 (6) determine how to provide incentives 7.41 for desirable behavior and evaluate 7.42 proposals for competition, with a 7.43 philosophy that it works and is even 7.44 good in government. 7.45 (b) The division will report to the 7.46 legislature by February 1, 2000, ways 7.47 to reduce state government expenditures 7.48 by five or ten percent. 7.49 Subd. 3. Feedlot 7.50 $1,000,000 the first year is a one-time 7.51 appropriation for the feedlot generic 7.52 environmental impact statement. 7.53 Subd. 4. Planning grants 7.54 $100,000 the first year is for a grant 7.55 to the city of Mankato to complete the 7.56 Mankato area growth management and 7.57 planning study, phase 2. The 7.58 appropriation is available until June 8.1 30, 2002. The appropriation must be 8.2 matched by an in-kind donation of 8.3 $100,000 in administrative, technical, 8.4 and higher educational internship 8.5 support and supervision. The value of 8.6 the in-kind donations must be 8.7 determined by the commissioner of 8.8 finance. 8.9 The city shall serve as fiscal agent to 8.10 complete the study under the 1997 8.11 regional planning joint powers 8.12 agreement among the cities of Mankato, 8.13 North Mankato, and Eagle Lake; the 8.14 counties of Nicollet and Blue Earth; 8.15 and the towns of Mankato, South Bend, 8.16 Lime, Decoria, and Belgrade, without 8.17 limitation on the rights of the parties 8.18 to that agreement to add or remove 8.19 members. The study is intended as an 8.20 alternative to community-based 8.21 planning. The study is intended to 8.22 develop information and analysis to 8.23 provide guidance on such issues as: 8.24 (1) the development of joint planning 8.25 agreements to implement a unified 8.26 growth management strategy; 8.27 (2) joint service ventures, such as 8.28 planning or zoning administration in 8.29 urban fringe areas; 8.30 (3) orderly growth and annexation 8.31 agreements between cities and 8.32 townships; 8.33 (4) feedlot regulations in urban fringe 8.34 areas and future growth corridors; 8.35 (5) service strategies for unsewered 8.36 subdivisions; 8.37 (6) other joint ventures for city, 8.38 county, and township service delivery 8.39 in fringe areas; 8.40 (7) feasibility of a rural township 8.41 taxing district; and 8.42 (8) alternatives to the current 8.43 community-based planning legislation 8.44 that would add flexibility and improve 8.45 the planning process. 8.46 The city of Mankato shall report the 8.47 results of the study to the legislature 8.48 by January 15, 2002. 8.49 $150,000 the first year is appropriated 8.50 for three grants of $50,000 each: one 8.51 to the southwest regional development 8.52 commission for the continuation of the 8.53 pilot program; and two additional 8.54 grants to regional development 8.55 commissions or, in regions not served 8.56 by regional development commissions, to 8.57 regional organizations selected by the 8.58 director, to support planning work on 8.59 behalf of local units of government. 8.60 The appropriation is available until 9.1 June 30, 2001. The planning work shall 9.2 include, but not be limited to: 9.3 (1) development of local zoning 9.4 ordinances; 9.5 (2) land use plans; 9.6 (3) community or economic development 9.7 plans; 9.8 (4) transportation and transit plans; 9.9 (5) solid waste management plans; 9.10 (6) wastewater management plans; 9.11 (7) workforce development plans; 9.12 (8) housing development plans and/or 9.13 market analysis; 9.14 (9) rural health service plans; 9.15 (10) natural resources management 9.16 plans; or 9.17 (11) development of geographical 9.18 information systems database to serve a 9.19 region's needs, including hardware and 9.20 software purchases and related labor 9.21 costs. 9.22 Sec. 12. ADMINISTRATION 9.23 Subdivision 1. Total 9.24 Appropriation 34,601,000 32,351,000 9.25 Summary by Fund 9.26 General 23,544,000 21,308,000 9.27 State Government 9.28 Special Revenue 11,057,000 11,043,000 9.29 The amounts that may be spent from this 9.30 appropriation for each program are 9.31 specified in the following subdivisions. 9.32 Subd. 2. Operations Management 9.33 3,810,000 3,663,000 9.34 The commissioner of administration 9.35 shall develop a request for proposals 9.36 to operate the new custody level 4 9.37 correctional facility at Rush City 9.38 authorized in Laws 1996, chapter 463, 9.39 section 16, subdivision 3, as amended 9.40 by Laws 1997, chapter 238, section 3. 9.41 The request must allow for proposals 9.42 from vendors across the country, 9.43 including the department of 9.44 corrections. The commissioner shall 9.45 issue the request by August 1, 1999, 9.46 which must remain open until September 9.47 1, 1999. By October 1, 1999, the 9.48 commissioner shall select a vendor to 9.49 operate the facility. $234,000 the 9.50 first year is for purposes of this 9.51 paragraph. This paragraph is effective 10.1 the day following final enactment. 10.2 Subd. 3. Intertechnologies Group 10.3 14,974,000 13,086,000 10.4 $2,000,000 the first year is for the 10.5 year 2000 project office and a year 10.6 2000 contingency fund. 10.7 Summary by Fund 10.8 General 3,917,000 2,043,000 10.9 State Government 10.10 Special Revenue 11,057,000 11,043,000 10.11 Subd. 4. Facilities Management 10.12 9,310,000 9,418,000 10.13 $5,447,000 the first year and 10.14 $5,460,000 the second year are for 10.15 office space costs of the legislature 10.16 and veterans organizations, for 10.17 ceremonial space, and for statutorily 10.18 free space. 10.19 During the biennium ending June 30, 10.20 2001, all increases over the fiscal 10.21 year 1999 expenditures level for rent 10.22 charged by the department of 10.23 administration to state agencies for 10.24 the use of state owned buildings must 10.25 be used only for repair or maintenance 10.26 of those buildings. 10.27 Subd. 5. Management Services 10.28 3,278,000 3,376,000 10.29 Subd. 6. Fiscal Agent 10.30 737,000 430,000 10.31 $2,000 the first year and $2,000 the 10.32 second year are for the state 10.33 employees' band. 10.34 $153,000 each year is for the alliance 10.35 with youth. 10.36 $71,000 each year is for the 10.37 developmental disabilities council. 10.38 $210,000 the first year is for 10.39 augmentive and alternative 10.40 communications. 10.41 $200,000 each year is for 10.42 technology-related assistance for 10.43 individuals with disabilities. 10.44 $100,000 the first year is for a grant 10.45 to the Minnesota fire service 10.46 certification board to review the 10.47 educational needs of firefighters and 10.48 fire departments in the state and make 10.49 recommendations to educational 10.50 institutions, fire education providers, 10.51 and the legislature. 11.1 Subd. 7. Public Broadcasting 11.2 2,492,000 2,378,000 11.3 $1,250,000 the first year and 11.4 $1,250,000 the second year are for 11.5 matching grants for public television. 11.6 $441,000 the first year and $441,000 11.7 the second year are for grants for 11.8 public information television 11.9 transmission of legislative activities. 11.10 $25,000 the first year and $25,000 the 11.11 second year are for grants to the Twin 11.12 Cities regional cable channel. 11.13 $113,000 the first year is for grants 11.14 to noncommercial television stations to 11.15 assist with conversion to a digital 11.16 broadcast signal as mandated by the 11.17 federal government. In order to 11.18 qualify for these grants, a station 11.19 must meet the criteria established for 11.20 grants in Minnesota Statutes, section 11.21 129D.12, subdivision 2. 11.22 $430,000 the first year and $430,000 11.23 the second year are for community 11.24 service grants to public educational 11.25 radio stations, which must be allocated 11.26 after considering the recommendations 11.27 of the Association of Minnesota Public 11.28 Educational Radio Stations under 11.29 Minnesota Statutes, section 129D.14. 11.30 $30,000 the first year and $30,000 the 11.31 second year of this appropriation may 11.32 be allocated to WTIP-FM in Grand 11.33 Marais, notwithstanding the 11.34 requirements of Minnesota Statutes, 11.35 section 129D.14. 11.36 $233,000 the first year and $232,000 11.37 the second year are for equipment 11.38 grants to public educational radio 11.39 stations which must be allocated after 11.40 considering the recommendations of the 11.41 Association of Minnesota Public 11.42 Educational Radio Stations. 11.43 Sec. 13. OFFICE OF TECHNOLOGY 5,164,000 2,622,000 11.44 Summary by Fund 11.45 General 4,901,000 2,457,000 11.46 State Government 11.47 Special Revenue 89,000 79,000 11.48 Workers' 11.49 Compensation 174,000 86,000 11.50 The appropriation for the second year 11.51 is contingent on the commissioner of 11.52 administration, in consultation with 11.53 the director of the office, submitting 11.54 a plan to the legislature by January 11.55 15, 2000, for reorganization of the 11.56 office. 11.57 $1,500,000 of the general fund 12.1 appropriation the first year is for 12.2 small agency infrastructure and is 12.3 available until June 30, 2001. The 12.4 appropriations from the special revenue 12.5 fund and the workers' compensation fund 12.6 are for small agency infrastructure. 12.7 $500,000 the first year is for 12.8 completion of the one-stop business 12.9 licensing project. This appropriation 12.10 may not be used for licenses other than 12.11 business licenses. 12.12 Sec. 14. CAPITOL AREA ARCHITECTURAL 12.13 AND PLANNING BOARD 301,000 304,000 12.14 The board must install on the sign 12.15 labeling the 600 North Robert Street 12.16 building a plaque identifying the 12.17 department of revenue as an occupant of 12.18 the building. 12.19 The capitol area architectural and 12.20 planning board and the Minnesota 12.21 historical society shall remove the 12.22 existing Spanish-American war plaque 12.23 currently displayed in the capitol 12.24 rotunda and donate it to the Minnesota 12.25 historical society. 12.26 Sec. 15. FINANCE 12.27 Subdivision 1. Total 12.28 Appropriation 21,233,000 21,529,000 12.29 The amounts that may be spent from this 12.30 appropriation for each program are 12.31 specified in the following subdivisions. 12.32 Subd. 2. State Financial Management 12.33 7,788,000 7,958,000 12.34 Subd. 3. Information and Management Services 12.35 13,445,000 13,571,000 12.36 The commissioner shall work with the 12.37 commissioners of employee relations and 12.38 administration and shall develop a 12.39 request for proposals to use a private 12.40 vendor for the state payroll system. 12.41 The request must allow for phased 12.42 implementation by the vendor, and must 12.43 allow for bids from vendors across the 12.44 country. Any state or other 12.45 governmental agency may submit a 12.46 proposal. The commissioner shall cause 12.47 the request to be issued by October 1, 12.48 1999. All documents related to the 12.49 development of the request for proposal 12.50 are public under Minnesota Statutes, 12.51 chapter 13. 12.52 Subd. 4. Technology Budget Book 12.53 The department shall prepare a separate 12.54 budget book for the biennium beginning 12.55 July 1, 2001, containing all of the 12.56 administration's technology 12.57 initiatives. The book shall also 13.1 include a complete inventory of 13.2 state-owned and leased technology, 13.3 along with a projected replacement 13.4 schedule. The inventory shall include 13.5 information on how the technology fits 13.6 into the state's master plan. 13.7 Sec. 16. EMPLOYEE RELATIONS 13.8 Subdivision 1. Total 13.9 Appropriation 7,432,000 7,597,000 13.10 The amounts that may be spent from this 13.11 appropriation for each program are 13.12 specified in the following subdivisions. 13.13 Subd. 2. Human Resources 13.14 Management 13.15 7,362,000 7,527,000 13.16 The commissioner must develop and 13.17 implement a plan to recruit and retain 13.18 minority employees in state 13.19 government. As part of the recruitment 13.20 plan, the commissioner must build 13.21 connections with minority centers and 13.22 with entities that work with minority 13.23 persons looking for jobs or training. 13.24 As part of the retention plan, the 13.25 commissioner must work with minority 13.26 state employees and minority former 13.27 state employees: (1) to find out what 13.28 barriers they encountered in seeking 13.29 state employment; (2) to find out what 13.30 problems these employees have 13.31 encountered in their work; and (3) to 13.32 develop a program to improve retention 13.33 rates of minority employees. 13.34 $48,000 the first year and $40,000 the 13.35 second year are for one-time grants to 13.36 the government training service for 13.37 ongoing operations, including 13.38 technology upgrades. 13.39 Subd. 3. Employee Insurance 13.40 70,000 70,000 13.41 The state employee assistance program 13.42 must be funded entirely by assessing 13.43 agencies and employers as authorized by 13.44 Minnesota Statutes, section 43A.30, 13.45 subdivision 5. 13.46 During the biennium ending June 30, 13.47 2001, the amount necessary to pay 13.48 premiums for coverage by the workers' 13.49 compensation reinsurance association 13.50 under Minnesota Statutes, section 13.51 79.34, is appropriated from the general 13.52 fund to the commissioner. 13.53 Sec. 17. REVENUE 13.54 Subdivision 1. Total 13.55 Appropriation 87,532,000 89,412,000 13.56 Summary by Fund 14.1 General 83,410,000 85,214,000 14.2 Health Care Access 1,692,000 1,721,000 14.3 Highway User 14.4 Tax Distribution 2,129,000 2,173,000 14.5 Environmental 101,000 104,000 14.6 Solid waste 200,000 200,000 14.7 The amounts that may be spent from this 14.8 appropriation for each program are 14.9 specified in the following subdivisions. 14.10 Subd. 2. Tax System Management 14.11 85,046,000 86,855,000 14.12 Summary by Fund 14.13 General 80,924,000 82,657,000 14.14 Health Care Access 1,692,000 1,721,000 14.15 Highway User 14.16 Tax Distribution 2,129,000 2,173,000 14.17 Environmental 101,000 104,000 14.18 Solid Waste 200,000 200,000 14.19 Subd. 3. Accounts Receivable Management 14.20 2,486,000 2,557,000 14.21 Subd. 4. Other Provisions 14.22 The building located in the capitol 14.23 complex at 600 North Robert Street, St. 14.24 Paul, is designated and named the 14.25 Harold E. Stassen building. 14.26 Sec. 18. MILITARY AFFAIRS 14.27 Subdivision 1. Total 14.28 Appropriation 11,510,000 10,416,000 14.29 The amounts that may be spent from this 14.30 appropriation for each program are 14.31 specified in the following subdivisions. 14.32 Subd. 2. Maintenance of Training 14.33 Facilities 14.34 7,036,000 5,889,000 14.35 $1,250,000 the first year is a one-time 14.36 appropriation. 14.37 Subd. 3. General Support 14.38 1,670,000 1,722,000 14.39 $50,000 each year is to assist in the 14.40 operation and staffing of the Minnesota 14.41 national guard youth camp at Camp 14.42 Ripley. This appropriation is 14.43 contingent on its being matched by 14.44 money from other sources. 15.1 Subd. 4. Enlistment Incentives 15.2 2,729,000 2,730,000 15.3 $375,000 each year is a one-time 15.4 appropriation. 15.5 Obligations for the reenlistment bonus 15.6 program, suspended on December 31, 15.7 1991, shall be paid from the amounts 15.8 available within the enlistment 15.9 incentives program. 15.10 If appropriations for either year of 15.11 the biennium are insufficient, the 15.12 appropriation from the other year is 15.13 available. The appropriations for 15.14 enlistment incentives are available 15.15 until expended. 15.16 Subd. 5. Emergency Services 15.17 75,000 75,000 15.18 These appropriations are for expenses 15.19 of military forces ordered to active 15.20 duty under Minnesota Statutes, chapter 15.21 192. If the appropriation for either 15.22 year is insufficient, the appropriation 15.23 for the other year is available for it. 15.24 Sec. 19. VETERANS AFFAIRS 7,848,000 4,655,000 15.25 $232,000 the first year and $232,000 15.26 the second year are for grants to 15.27 county veterans offices for training of 15.28 county veterans service officers. 15.29 $1,544,000 the first year and 15.30 $1,544,000 the second year are for 15.31 emergency financial and medical needs 15.32 of veterans. If the appropriation for 15.33 either year is insufficient, the 15.34 appropriation for the other year is 15.35 available for it. 15.36 With the approval of the commissioner 15.37 of finance, the commissioner of 15.38 veterans affairs may transfer the 15.39 unencumbered balance from the veterans 15.40 relief program to other department 15.41 programs during the fiscal year. 15.42 Before the transfer, the commissioner 15.43 of veterans affairs shall explain why 15.44 the unencumbered balance exists. The 15.45 amounts transferred must be identified 15.46 to the chairs of the senate 15.47 governmental operations budget 15.48 committee and the house governmental 15.49 operations committee division on state 15.50 government finance. 15.51 $275,000 the first year and $275,000 15.52 the second year are for a grant to the 15.53 Vinland National Center. 15.54 $3,590,000 the first year is to make 15.55 and administer bonus payments 15.56 authorized under Minnesota Statutes, 15.57 section 197.79. This appropriation is 15.58 available until June 30, 2001. The 16.1 unspent and unencumbered portion of the 16.2 appropriations in Laws 1997, chapter 16.3 202, article 1, section 20, for bonus 16.4 payments and administration under 16.5 Minnesota Statutes, section 197.79, is 16.6 canceled. 16.7 Of the amounts appropriated for the 16.8 guardianship activity, $128,000 the 16.9 first year and $129,000 the second year 16.10 are one-time appropriations. 16.11 $326,000 the second year is for a 16.12 contribution towards a national World 16.13 War II memorial. The appropriation is 16.14 available until June 30, 2001, but may 16.15 not be spent before October 1, 2000, 16.16 and until the commissioner determines 16.17 that the memorial will be built. 16.18 Sec. 20. VETERANS OF FOREIGN 16.19 WARS 41,000 41,000 16.20 For carrying out the provisions of Laws 16.21 1945, chapter 455. 16.22 Sec. 21. MILITARY ORDER OF 16.23 THE PURPLE HEART 20,000 20,000 16.24 Sec. 22. DISABLED AMERICAN VETERANS 13,000 13,000 16.25 For carrying out the provisions of Laws 16.26 1941, chapter 425. 16.27 Sec. 23. GAMBLING CONTROL 2,183,000 2,241,000 16.28 The commissioner of revenue must 16.29 continue to provide technical support 16.30 to the lawful gambling control board 16.31 for the collection of gambling taxes 16.32 without charge during the biennium 16.33 ending June 30, 2001. 16.34 Sec. 24. RACING COMMISSION 387,000 396,000 16.35 Sec. 25. AMATEUR SPORTS 16.36 COMMISSION 614,000 630,000 16.37 The commission must develop a plan for 16.38 becoming self-sufficient. The timeline 16.39 for self-sufficiency must not exceed 16.40 five years. The commission must report 16.41 the plan to the chairs of the budget 16.42 committees in the house and the senate 16.43 by February 1, 2000. 16.44 Sec. 26. BOARD OF THE ARTS 16.45 Subdivision 1. Total 16.46 Appropriation 13,058,000 13,083,000 16.47 The amounts that may be spent from this 16.48 appropriation for each program are 16.49 specified in the following subdivisions. 16.50 Subd. 2. Operations and Services 16.51 983,000 1,008,000 16.52 By February 15, 2000, the board must 16.53 compile, report to the legislature, and 17.1 make readily available a listing of 17.2 grants awarded with funds appropriated 17.3 for fiscal years 1998 and 1999 by type 17.4 and dollar amount, along with a 17.5 measurement of impact for each grant. 17.6 Impact measurements include, but are 17.7 not limited to: (1) the number of 17.8 patrons served; (2) a determination if 17.9 the grant allowed the grantee to go 17.10 forward; and (3) the extent the grantee 17.11 was able to expand or otherwise improve 17.12 the artistic experience offered the 17.13 public. 17.14 The board must also compile and make 17.15 available a historical record for every 17.16 grantee that has received funds from 17.17 the board. The list must be by grantee 17.18 and identify all types of grants 17.19 received each year. 17.20 Subd. 3. Grants Program 17.21 8,040,000 8,040,000 17.22 At least $1,500,000 for the biennium is 17.23 for arts in education. 17.24 Subd. 4. Regional Arts 17.25 Councils 17.26 4,035,000 4,035,000 17.27 Sec. 27. MINNESOTA HUMANITIES 17.28 COMMISSION 460,000 478,000 17.29 The humanities commission must develop 17.30 a plan for the selection of a Minnesota 17.31 Poet Laureate. The commission must 17.32 report the plan to the legislature by 17.33 February 1, 2000. 17.34 Sec. 28. GENERAL CONTINGENT 17.35 ACCOUNTS 600,000 600,000 17.36 Summary by Fund 17.37 General 100,000 100,000 17.38 State Government 17.39 Special Revenue 400,000 400,000 17.40 Workers' 17.41 Compensation 100,000 100,000 17.42 Sec. 29. TORT CLAIMS 275,000 275,000 17.43 To be spent by the commissioner of 17.44 finance. 17.45 If the appropriation for either year is 17.46 insufficient, the appropriation for the 17.47 other year is available for it. 17.48 Sec. 30. MINNESOTA STATE 17.49 RETIREMENT SYSTEM 3,998,000 4,014,000 17.50 The amounts estimated to be needed for 17.51 each program are as follows: 17.52 (a) Legislators 18.1 3,800,000 3,800,000 18.2 Under Minnesota Statutes, sections 18.3 3A.03, subdivision 2; 3A.04, 18.4 subdivisions 3 and 4; and 3A.11. 18.5 (b) Constitutional Officers 18.6 198,000 214,000 18.7 Under Minnesota Statutes, sections 18.8 352C.031, subdivision 5; 352C.04, 18.9 subdivision 3; and 352C.09, subdivision 18.10 2. 18.11 If an appropriation in this section for 18.12 either year is insufficient, the 18.13 appropriation for the other year is 18.14 available for it. 18.15 Sec. 31. MINNEAPOLIS EMPLOYEES 18.16 RETIREMENT FUND 6,442,000 6,442,000 18.17 $5,892,000 the first year and 18.18 $5,892,000 the second year are to the 18.19 commissioner of finance for payment to 18.20 the Minneapolis employees retirement 18.21 fund under Minnesota Statutes, section 18.22 422A.101, subdivision 3. Payment must 18.23 be made in four equal installments, 18.24 March 15, July 15, September 15, and 18.25 November 15, each year. 18.26 $550,000 the first year and $550,000 18.27 the second year are to the commissioner 18.28 of finance for payment to the 18.29 Minneapolis employees retirement fund 18.30 for the supplemental benefit for 18.31 pre-1973 retirees under Minnesota 18.32 Statutes, section 356.865. 18.33 Sec. 32. POLICE AND FIRE 18.34 AMORTIZATION AID 6,295,000 6,303,000 18.35 $4,925,000 the first year and 18.36 $4,925,000 the second year are to the 18.37 commissioner of revenue for state aid 18.38 to amortize the unfunded liability of 18.39 local police and salaried firefighters' 18.40 relief associations, under Minnesota 18.41 Statutes, section 423A.02. 18.42 $1,000,000 the first year and 18.43 $1,000,000 the second year are to the 18.44 commissioner of revenue for 18.45 supplemental state aid to amortize the 18.46 unfunded liability of local police and 18.47 salaried firefighters' relief 18.48 associations under Minnesota Statutes, 18.49 section 423A.02, subdivision 1a. 18.50 $370,000 the first year and $378,000 18.51 the second year are to the commissioner 18.52 of revenue to pay reimbursements to 18.53 relief associations for firefighter 18.54 supplemental benefits paid under 18.55 Minnesota Statutes, section 424A.10. 18.56 Sec. 33. BOARD OF GOVERNMENT 18.57 INNOVATION AND COOPERATION 149,000 -0- 19.1 Sec. 34. COMPENSATION COUNCIL 19.2 The recommendations of the 1999 19.3 compensation council must not take 19.4 effect unless approved by another law. 19.5 Sec. 35. [STATEWIDE SYSTEMS ACCOUNT.] 19.6 Subdivision 1. [CONTINUATION.] The statewide systems 19.7 account is a separate account in the general fund. All money 19.8 resulting from billings for statewide systems services must be 19.9 deposited in the account. For the purposes of this section, 19.10 statewide systems includes the state accounting system, payroll 19.11 system, human resources system, procurement system, and related 19.12 information access systems. 19.13 Subd. 2. [BILLING PROCEDURES.] The commissioner of finance 19.14 may bill up to $3,867,000 in fiscal year 2000 and $3,867,000 in 19.15 fiscal year 2001 for statewide systems services provided to 19.16 state agencies, judicial branch agencies, the University of 19.17 Minnesota, the Minnesota state colleges and universities, and 19.18 other entities. Billing must be based only on usage of services 19.19 relating to statewide systems provided by the intertechnologies 19.20 division. Each agency shall transfer from agency operating 19.21 appropriations to the statewide systems account the amount 19.22 billed by the commissioner. Billing policies and procedures 19.23 related to statewide systems services must be developed by the 19.24 commissioner of finance in consultation with the commissioners 19.25 of employee relations and administration, the University of 19.26 Minnesota, and the Minnesota state colleges and universities. 19.27 Subd. 3. [APPROPRIATION.] Money transferred into the 19.28 account is appropriated to the commissioner of finance to pay 19.29 for statewide systems services during fiscal years 2000 and 2001. 19.30 ARTICLE 2 19.31 STATE GOVERNMENT OPERATIONS 19.32 Section 1. [3.226] [ACCOUNTING.] 19.33 The house of representatives, the senate, and joint 19.34 legislative commissions and offices must use the state 19.35 accounting system developed by the commissioner of finance under 19.36 section 16A.15, subdivision 2, to account for each item of 19.37 expenditure and for all revenues received. 20.1 Sec. 2. Minnesota Statutes 1998, section 3.3005, is 20.2 amended by adding a subdivision to read: 20.3 Subd. 3a. [CHANGE IN PURPOSE.] If a request to spend 20.4 federal money is included in a governor's budget request and 20.5 approved according to subdivision 2a, but the purpose for which 20.6 the money is to be used changes from the time of the request and 20.7 approval, the amount may be allotted for expenditure after a 20.8 revised request is submitted according to subdivision 2 or the 20.9 requirements of subdivision 5 are met. 20.10 Sec. 3. Minnesota Statutes 1998, section 3.305, is amended 20.11 by adding a subdivision to read: 20.12 Subd. 9. [PUBLIC INFORMATION.] The legislative 20.13 coordinating commission shall establish an office to provide 20.14 information to the public about the legislature, including 20.15 legislative process and legislative proceedings, and to perform 20.16 related duties as assigned by the commission. 20.17 Sec. 4. Minnesota Statutes 1998, section 3.305, is amended 20.18 by adding a subdivision to read: 20.19 Subd. 10. [TELEVISION.] The legislative coordinating 20.20 commission shall establish an office to provide for television 20.21 production and transmission of legislative proceedings, and to 20.22 perform related duties as assigned by the commission. 20.23 Sec. 5. Minnesota Statutes 1998, section 3.305, is amended 20.24 by adding a subdivision to read: 20.25 Subd. 11. [ADMINISTRATIVE SERVICES.] The legislative 20.26 coordinating commission shall provide administrative services to 20.27 the entire legislative branch. These services include, but are 20.28 not limited to, payroll, purchasing, information systems, and 20.29 human resources. 20.30 Sec. 6. [3.3057] [INTERPRETER SERVICES.] 20.31 A state agency must pay for sign language interpreter 20.32 services provided on behalf of its employees at legislative 20.33 meetings. 20.34 Sec. 7. Minnesota Statutes 1998, section 3.85, subdivision 20.35 3, is amended to read: 20.36 Subd. 3. [MEMBERSHIP.] The commission consists ofsix21.1 seven members of the senate appointed by the subcommittee on 21.2 committees of the committee on rules and administration andsix21.3 seven members of the house of representatives appointed by the 21.4 speaker. Members shall be appointed at the commencement of each 21.5 regular session of the legislature for a two-year term beginning 21.6 January 16 of the first year of the regular session. Members 21.7 who are still legislators continue to serve at the end of the 21.8 two-year term until successors are appointed. Vacancies that 21.9 occur while the legislature is in session shall be filled like 21.10 regular appointments. If the legislature is not in session, 21.11 senate vacancies shall be filled by the last subcommittee on 21.12 committees of the senate committee on rules and administration 21.13 or other appointing authority designated by the senate rules, 21.14 and house vacancies shall be filled by the last speaker of the 21.15 house, or if the speaker is not available, by the last chair of 21.16 the house rules committee. 21.17 Sec. 8. Minnesota Statutes 1998, section 8.15, subdivision 21.18 1, is amended to read: 21.19 Subdivision 1. [FEE SCHEDULES.] The attorney general in 21.20 consultation with the commissioner of finance shall develop a 21.21 fee schedule to be used by the attorney general in developing 21.22 the agreements authorized in subdivision 3. The attorney 21.23 general must submit its billing rate for the next biennium to 21.24 the commissioner of finance by August 1 of each even-numbered 21.25 year. 21.26 The attorney general may not assess a county any fee for 21.27 legal services rendered in connection with a commitment 21.28 proceeding under section 253B.185 for which the attorney general 21.29 assumes responsibility under section 8.01. 21.30 Sec. 9. Minnesota Statutes 1998, section 8.15, subdivision 21.31 2, is amended to read: 21.32 Subd. 2. [BIENNIAL BUDGET REQUEST.] (a) The attorney 21.33 general in consultation with the commissioner of finance shall 21.34 designate which agencies will have their legal service requests 21.35 included in the budget request of the attorney general. 21.36 (b) All other agencies, in consultation with the attorney 22.1 general and the commissioner of finance, shall include a request 22.2 for legal services in their biennial budget requests. 22.3 (c) The budget request of the attorney general shall 22.4 include a consolidated listing that shows on one page all the 22.5 appropriations that will be used to support the office of the 22.6 attorney general and the finance division from which they will 22.7 be requested. 22.8 Sec. 10. Minnesota Statutes 1998, section 8.15, 22.9 subdivision 3, is amended to read: 22.10 Subd. 3. [AGREEMENTS.] (a) To facilitate the delivery of 22.11 legal services, the attorney general may: 22.12 (1) enter into agreements with executive branch agencies, 22.13 political subdivisions, or quasi-state agencies to provide legal 22.14 services for the benefit of the citizens of Minnesota; and 22.15 (2) in addition to funds otherwise appropriated by the 22.16 legislature, accept and spend funds received under any agreement 22.17 authorized in clause (1) for the purpose set forth in clause 22.18 (1), subject to a report of receipts to the chairs of the senate 22.19 finance committee and the house ways and means committee by 22.20 October 15 each year. 22.21 (b) Funds received under this subdivision must be deposited 22.22 in the general fund and are appropriated to the attorney general 22.23 for the purposes set forth in this subdivision. 22.24 (c) When entering into an agreement for legal services, the 22.25 attorney general must notify the committees responsible for 22.26 funding the office of the attorney general. When the attorney 22.27 general enters into an agreement with a state agency, the 22.28 attorney general must also notify the committees responsible for 22.29 funding that agency. 22.30 Sec. 11. Minnesota Statutes 1998, section 13.03, 22.31 subdivision 2, is amended to read: 22.32 Subd. 2. [PROCEDURES.] (a) The responsible authority in 22.33 every state agency, political subdivision, and statewide system 22.34 shall establish procedures, consistent with this chapter, to 22.35 insure that requests for government data are received and 22.36 complied with in an appropriate and prompt manner. 23.1 (b) The responsible authority shall prepare public access 23.2 procedures in written form and update them no later than August 23.3 1 of each year as necessary to reflect any changes in personnel 23.4 or circumstances that might affect public access to government 23.5 data. The responsible authority shall make copies of the 23.6 written public access procedures easily available to the public 23.7 by distributing free copies of the procedures to the public or 23.8 by posting a copy of the procedures in a conspicuous place 23.9 within the government entity that is easily accessible to the 23.10 public. 23.11 (c) Full convenience and comprehensive accessibility shall 23.12 be allowed to researchers including historians, genealogists and 23.13 other scholars to carry out extensive research and complete 23.14 copying of all records containing government data except as 23.15 otherwise expressly provided by law. 23.16 A responsible authority may designate one or more designees. 23.17 Sec. 12. Minnesota Statutes 1998, section 13.05, is 23.18 amended by adding a subdivision to read: 23.19 Subd. 11. [CONTRACT TERMS.] (a) If a government entity 23.20 enters into a contract with a private person to perform any of 23.21 its functions, the government entity shall include in the 23.22 contract contractual terms that make it clear that all of the 23.23 data created, collected, received, stored, used, maintained, or 23.24 disseminated by the private person in performing those functions 23.25 is subject to the requirements of this chapter and that the 23.26 private person must comply with those requirements as if it were 23.27 a government entity. 23.28 (b) This subdivision does not create a duty on the part of 23.29 the private person to provide access to public data to the 23.30 public if the public data are available from the government 23.31 entity, except as required by the terms of the contract. 23.32 Sec. 13. Minnesota Statutes 1998, section 13.073, is 23.33 amended by adding a subdivision to read: 23.34 Subd. 6. [PREPARATION OF MODEL POLICIES AND 23.35 PROCEDURES.] The commissioner shall, in consultation with 23.36 affected government entities, prepare model policies and 24.1 procedures to assist government entities in complying with the 24.2 requirements of this chapter that relate to public access to 24.3 government data and rights of subjects of data. The 24.4 commissioner shall provide assistance and guidance to government 24.5 entities to enable them to protect the integrity of government 24.6 data in electronic form from alteration, destruction, or 24.7 unauthorized access to nonpublic government data. Upon 24.8 completion of a model for a governmental level, the commissioner 24.9 shall offer that model for formal adoption by that level of 24.10 government. Government entities may adopt or reject the model 24.11 offered by the commissioner. A government entity that adopts 24.12 the commissioner's model shall notify the commissioner in a form 24.13 prescribed by the commissioner. A government entity that 24.14 chooses not to adopt the commissioner's model shall notify the 24.15 commissioner and provide a copy of the policies and procedures 24.16 prepared and used by that government entity. 24.17 Sec. 14. Minnesota Statutes 1998, section 15.0591, 24.18 subdivision 2, is amended to read: 24.19 Subd. 2. [BODIES AFFECTED.] A member meeting the 24.20 qualifications in subdivision 1 must be appointed to the 24.21 following boards, commissions, advisory councils, task forces, 24.22 or committees: 24.23 (1) advisory council on battered women; 24.24 (2) advisory task force on the use of state facilities; 24.25 (3) alcohol and other drug abuse advisory council; 24.26 (4) board of examiners for nursing home administrators; 24.27 (5) board on aging; 24.28 (6) chiropractic examiners board; 24.29 (7) consumer advisory council on vocational rehabilitation; 24.30 (8) council on disability; 24.31 (9) council on affairs of Chicano/Latino people; 24.32 (10) council on Black Minnesotans; 24.33 (11) dentistry board; 24.34 (12) department of economic security advisory council; 24.35 (13) higher education services office; 24.36 (14) housing finance agency; 25.1 (15) Indian advisory council on chemical dependency; 25.2 (16) medical practice board; 25.3 (17) medical policy directional task force on mental 25.4 health; 25.5 (18) Minnesota employment and economic development task 25.6 force; 25.7 (19)Minnesota office of citizenship and volunteer services25.8advisory committee;25.9(20)Minnesota state arts board; 25.10(21)(20) nursing board; 25.11(22)(21) optometry board; 25.12(23)(22) pharmacy board; 25.13(24)(23) physical therapists council; 25.14(25)(24) podiatry board; 25.15(26)(25) psychology board; 25.16(27)(26) veterans advisory committee. 25.17 Sec. 15. Minnesota Statutes 1998, section 15.50, 25.18 subdivision 2, is amended to read: 25.19 Subd. 2. [CAPITOL AREA PLAN.] (a) The board shall prepare, 25.20 prescribe, and from time to time, after a public hearing, amend 25.21 a comprehensive use plan for the capitol area, called the area 25.22 in this subdivision, which consists of that portion of the city 25.23 of Saint Paul comprehended within the following boundaries: 25.24 Beginning at the point of intersection of the center line of the 25.25 Arch-Pennsylvania freeway and the center line of Marion Street, 25.26 thence southerly along the center line of Marion Street extended 25.27 to a point 50 feet south of the south line of Concordia Avenue, 25.28 thence southeasterly along a line extending 50 feet from the 25.29 south line of Concordia Avenue to a point 125 feet from the west 25.30 line of John Ireland Boulevard, thence southwesterly along a 25.31 line extending 125 feet from the west line of John Ireland 25.32 Boulevard to the south line of Dayton Avenue, thence 25.33 northeasterly from the south line of Dayton Avenue to the west 25.34 line of John Ireland Boulevard, thence northeasterly to the 25.35 center line of the intersection of Old Kellogg Boulevard and 25.36 Summit Avenue, thence northeasterly along the center line of 26.1 Summit Avenue to thecenter line of the new West Kellogg26.2Boulevard, thence southerly along the east line of the new West26.3Kellogg Boulevard, to the center line of West Seventh Street,26.4thence northeasterly along the center line of West Seventh26.5Street to the center line of the Fifth Street ramp, thence26.6northwesterly along the center line of the Fifth Street ramp to26.7thesouth line of the right-of-way of the Fifth Street ramp, 26.8 thence southeasterly along the right-of-way of the Fifth Street 26.9 ramp to the east line of the right-of-way of Interstate Highway 26.10 35-E, thence northeasterly along the east line of the 26.11 right-of-way of Interstate Highway 35-E to the south line of the 26.12 right-of-way of Interstate Highway 94, thence easterly along the 26.13 south line of the right-of-way of Interstate Highway 94 to the 26.14 west line of St. Peter Street, thence southerly to the south 26.15 line of Exchange Street, thence easterly along the south line of 26.16 Exchange Street to the west line of Cedar Street, thence 26.17 northerly along the west line of Cedar Street to the center line 26.18 of Tenth Street, thence northeasterly along the center line of 26.19 Tenth Street to the center line of Minnesota Street, thence 26.20 northwesterly along the center line of Minnesota Street to the 26.21 center line of Eleventh Street, thence northeasterly along the 26.22 center line of Eleventh Street to the center line of Jackson 26.23 Street, thence northwesterly along the center line of Jackson 26.24 Street to the center line of the Arch-Pennsylvania freeway 26.25 extended, thence westerly along the center line of the 26.26 Arch-Pennsylvania freeway extended and Marion Street to the 26.27 point of origin. If construction of the labor interpretive 26.28 center does not commence prior to December 31, 2000, at the site 26.29 recommended by the board, the boundaries of the capitol area 26.30 revert to their configuration as of 1992. 26.31 Under the comprehensive plan, or a portion of it, the board 26.32 may regulate, by means of zoning rules adopted under the 26.33 Administrative Procedure Act, the kind, character, height, and 26.34 location, of buildings and other structures constructed or used, 26.35 the size of yards and open spaces, the percentage of lots that 26.36 may be occupied, and the uses of land, buildings and other 27.1 structures, within the area. To protect and enhance the 27.2 dignity, beauty, and architectural integrity of the capitol 27.3 area, the board is further empowered to include in its zoning 27.4 rules design review procedures and standards with respect to any 27.5 proposed construction activities in the capitol area 27.6 significantly affecting the dignity, beauty, and architectural 27.7 integrity of the area. No person may undertake these 27.8 construction activities as defined in the board's rules in the 27.9 capitol area without first submitting construction plans to the 27.10 board, obtaining a zoning permit from the board, and receiving a 27.11 written certification from the board specifying that the person 27.12 has complied with all design review procedures and standards. 27.13 Violation of the zoning rules is a misdemeanor. The board may, 27.14 at its option, proceed to abate any violation by injunction. 27.15 The board and the city of Saint Paul shall cooperate in assuring 27.16 that the area adjacent to the capitol area is developed in a 27.17 manner that is in keeping with the purpose of the board and the 27.18 provisions of the comprehensive plan. 27.19 (b) The commissioner of administration shall act as a 27.20 consultant to the board with regard to the physical structural 27.21 needs of the state. The commissioner shall make studies and 27.22 report the results to the board when it requests reports for its 27.23 planning purpose. 27.24 (c) No public building, street, parking lot, or monument, 27.25 or other construction may be built or altered on any public 27.26 lands within the area unless the plans for the project conform 27.27 to the comprehensive use plan as specified in paragraph (d) and 27.28 to the requirement for competitive plans as specified in 27.29 paragraph (e). No alteration substantially changing the 27.30 external appearance of any existing public building approved in 27.31 the comprehensive plan or the exterior or interior design of any 27.32 proposed new public building the plans for which were secured by 27.33 competition under paragraph (e) may be made without the prior 27.34 consent of the board. The commissioner of administration shall 27.35 consult with the board regarding internal changes having the 27.36 effect of substantially altering the architecture of the 28.1 interior of any proposed building. 28.2 (d) The comprehensive plan must show the existing land uses 28.3 and recommend future uses including: areas for public taking 28.4 and use; zoning for private land and criteria for development of 28.5 public land, including building areas, open spaces, monuments, 28.6 and other memorials; vehicular and pedestrian circulation; 28.7 utilities systems; vehicular storage; elements of landscape 28.8 architecture. No substantial alteration or improvement may be 28.9 made to public lands or buildings in the area without the 28.10 written approval of the board. 28.11 (e) The board shall secure by competitions plans for any 28.12 new public building. Plans for any comprehensive plan, 28.13 landscaping scheme, street plan, or property acquisition that 28.14 may be proposed, or for any proposed alteration of any existing 28.15 public building, landscaping scheme or street plan may be 28.16 secured by a similar competition. A competition must be 28.17 conducted under rules prescribed by the board and may be of any 28.18 type which meets the competition standards of the American 28.19 Institute of Architects. Designs selected become the property 28.20 of the state of Minnesota, and the board may award one or more 28.21 premiums in each competition and may pay the costs and fees that 28.22 may be required for its conduct. At the option of the board, 28.23 plans for projects estimated to cost less than $1,000,000 may be 28.24 approved without competition provided the plans have been 28.25 considered by the advisory committee described in paragraph 28.26 (h). Plans for projects estimated to cost less than $400,000 28.27 and for construction of streets need not be considered by the 28.28 advisory committee if in conformity with the comprehensive plan. 28.29 (f) Notwithstanding paragraph (e), an architectural 28.30 competition is not required for the design of any light rail 28.31 transit station and alignment within the capitol area. The 28.32 board and its advisory committee shall select a preliminary 28.33 design for any transit station in the capitol area. Each stage 28.34 of any station's design through working drawings must be 28.35 reviewed by the board's advisory committee and approved by the 28.36 board to ensure that the station's design is compatible with the 29.1 comprehensive plan for the capitol area and the board's design 29.2 criteria. The guideway and track design of any light rail 29.3 transit alignment within the capitol area must also be reviewed 29.4 by the board's advisory committee and approved by the board. 29.5 (g) Of the amount available for the light rail transit 29.6 design, adequate funds must be available to the board for design 29.7 framework studies and review of preliminary plans for light rail 29.8 transit alignment and stations in the capitol area. 29.9 (h) The board may not adopt any plan under paragraph (e) 29.10 unless it first receives the comments and criticism of an 29.11 advisory committee of three persons, each of whom is either an 29.12 architect or a planner, who have been selected and appointed as 29.13 follows: one by the board of the arts, one by the board, and 29.14 one by the Minnesota Society of the American Institute of 29.15 Architects. Members of the committee may not be contestants 29.16 under paragraph (e). The comments and criticism must be a 29.17 matter of public information. The committee shall advise the 29.18 board on all architectural and planning matters. For that 29.19 purpose, the committee must be kept currently informed 29.20 concerning, and have access to, all data, including all plans, 29.21 studies, reports and proposals, relating to the area as the data 29.22 are developed or in the process of preparation, whether by the 29.23 commissioner of administration, the commissioner of trade and 29.24 economic development, the metropolitan council, the city of 29.25 Saint Paul, or by any architect, planner, agency or 29.26 organization, public or private, retained by the board or not 29.27 retained and engaged in any work or planning relating to the 29.28 area, and a copy of any data prepared by any public employee or 29.29 agency must be filed with the board promptly upon completion. 29.30 The board may employ stenographic or technical help that 29.31 may be reasonable to assist the committee to perform its duties. 29.32 When so directed by the board, the committee may serve as, 29.33 and any member or members of the committee may serve on, the 29.34 jury or as professional advisor for any architectural 29.35 competition, and the board shall select the architectural 29.36 advisor and jurors for any competition with the advice of the 30.1 committee. 30.2 The city of Saint Paul shall advise the board. 30.3 (i) The comprehensive plan for the area must be developed 30.4 and maintained in close cooperation with the commissioner of 30.5 trade and economic development, the planning department and the 30.6 council for the city of Saint Paul, and the board of the arts, 30.7 and no plan or amendment of a plan may be effective without 90 30.8 days' notice to the planning department of the city of Saint 30.9 Paul and the board of the arts and without a public hearing with 30.10 opportunity for public testimony. 30.11 (j) The board and the commissioner of administration, 30.12 jointly, shall prepare, prescribe, and from time to time revise 30.13 standards and policies governing the repair, alteration, 30.14 furnishing, appearance, and cleanliness of the public and 30.15 ceremonial areas of the state capitol building. The board shall 30.16 consult with and receive advice from the director of the 30.17 Minnesota state historical society regarding the historic 30.18 fidelity of plans for the capitol building. The standards and 30.19 policies developed under this paragraph are binding upon the 30.20 commissioner of administration. The provisions of chapter 14, 30.21 including section 14.386, do not apply to this paragraph. 30.22 (k) The board in consultation with the commissioner of 30.23 administration shall prepare and submit to the legislature and 30.24 the governor no later than October 1 of each even-numbered year 30.25 a report on the status of implementation of the comprehensive 30.26 plan together with a program for capital improvements and site 30.27 development, and the commissioner of administration shall 30.28 provide the necessary cost estimates for the program. The board 30.29 shall report any changes to the comprehensive plan adopted by 30.30 the board to the committee on governmental operations and 30.31 gambling of the house of representatives and the committee on 30.32 governmental operations and reform of the senate and upon 30.33 request shall provide testimony concerning the changes. The 30.34 board shall also provide testimony to the legislature on 30.35 proposals for memorials in the capitol area as to their 30.36 compatibility with the standards, policies, and objectives of 31.1 the comprehensive plan. 31.2 (l) The state shall, by the attorney general upon the 31.3 recommendation of the board and within appropriations available 31.4 for that purpose, acquire by gift, purchase, or eminent domain 31.5 proceedings any real property situated in the area described in 31.6 this section, and it may also acquire an interest less than a 31.7 fee simple interest in the property, if it finds that the 31.8 property is needed for future expansion or beautification of the 31.9 area. 31.10 (m) The board is the successor of the state veterans 31.11 service building commission, and as such may adopt rules and may 31.12 reenact the rules adopted by its predecessor under Laws 1945, 31.13 chapter 315, and amendments to it. 31.14 (n) The board shall meet at the call of the chair and at 31.15 such other times as it may prescribe. 31.16 (o) The commissioner of administration shall assign 31.17 quarters in the state veterans service building to (1) the 31.18 department of veterans affairs, of which a part that the 31.19 commissioner of administration and commissioner of veterans 31.20 affairs may mutually determine must be on the first floor above 31.21 the ground, and (2) the American Legion, Veterans of Foreign 31.22 Wars, Disabled American Veterans, Military Order of the Purple 31.23 Heart, United Spanish War Veterans, and Veterans of World War I, 31.24 and their auxiliaries, incorporated, or when incorporated, under 31.25 the laws of the state, and (3) as space becomes available, to 31.26 other state departments and agencies as the commissioner may 31.27 deem desirable. 31.28 Sec. 16. Minnesota Statutes 1998, section 16A.102, 31.29 subdivision 1, is amended to read: 31.30 Subdivision 1. [GOVERNOR'S RECOMMENDATION.]By the fourth31.31Monday in January of each odd-numbered year,At the same time as 31.32 the detailed operating budget specified in section 16A.11, 31.33 subdivision 1, must be submitted to the legislature, the 31.34 governor shall also submit to the legislature a recommended 31.35 revenue target for the next two bienniums. The recommended 31.36 revenue target must specify: 32.1 (1) the maximum share of Minnesota personal income to be 32.2 collected in taxes and other revenues to pay for state and local 32.3 government services; 32.4 (2) the division of the share between state and local 32.5 government revenues; and 32.6 (3) the mix and rates of income, sales, and other state and 32.7 local taxes including property taxes and other revenues. 32.8 The recommendations must be based on the November forecast 32.9 prepared under section 16A.103. 32.10 Sec. 17. Minnesota Statutes 1998, section 16A.103, 32.11 subdivision 1, is amended to read: 32.12 Subdivision 1. [STATE REVENUE AND EXPENDITURES.] In 32.13 February and November each year, the commissioner shall prepare 32.14 a forecast of state revenue and expenditures. The November 32.15 forecast must be delivered to the legislature and governor no 32.16 later than the end of the first week of December. The February 32.17 forecast must be delivered to the legislature and governor by 32.18 the end of February. Forecasts must be delivered to the 32.19 legislature and governor on the same day. If requested by the 32.20 legislative commission on planning and fiscal policy, delivery 32.21 to the legislature must include a presentation to the 32.22 commission. The forecast must assume the continuation of 32.23 current laws and reasonable estimates of projected growth in the 32.24 national and state economies and affected populations. Revenue 32.25 must be estimated for all sources provided for in current law. 32.26 Expenditures must be estimated for all obligations imposed by 32.27 law and those projected to occur as a result of inflation and 32.28 variables outside the control of the legislature. In 32.29 determining the rate of inflation, the application of inflation, 32.30 the amount of state bonding as it affects debt service, and the 32.31 other variables to be included in the expenditure part of the 32.32 forecast, the commissioner must consult with the chair of the 32.33 senate state government finance committee, the chair of the 32.34 house committee on ways and means, and house and senate fiscal 32.35 staff. In addition, the commissioner shall forecast Minnesota 32.36 personal income for each of the years covered by the forecast 33.1 and include these estimates in the forecast documents. A 33.2 forecast prepared during the first fiscal year of a biennium 33.3 must cover that biennium and the next biennium. A forecast 33.4 prepared during the second fiscal year of a biennium must cover 33.5 that biennium and the next two bienniums. 33.6 Sec. 18. Minnesota Statutes 1998, section 16A.11, is 33.7 amended by adding a subdivision to read: 33.8 Subd. 7. [FEES.] The detailed operating budget for each 33.9 executive branch agency must include proposals for any new fees 33.10 or any increases in existing fees. For purposes of this 33.11 section, "fees" has the meaning given in section 16A.1283, but 33.12 excludes charges listed in paragraph (b) of that section. 33.13 Sec. 19. [16A.1283] [LEGISLATIVE APPROVAL REQUIRED.] 33.14 (a) Notwithstanding any law to the contrary, an executive 33.15 branch state agency may not impose a new fee or increase an 33.16 existing fee unless the new fee or increase is approved by law. 33.17 For purposes of this section, a fee is any charge for goods, 33.18 services, regulation, or licensure, and, notwithstanding 33.19 paragraph (b), clause (3), includes charges for admission to or 33.20 for use of public facilities owned by the state. 33.21 (b) This section does not apply to: 33.22 (1) charges billed within or between state agencies, or 33.23 billed to federal agencies; 33.24 (2) the Minnesota state colleges and universities system; 33.25 (3) charges for goods and services provided for the direct 33.26 and primary use of a private individual, business, or other 33.27 entity. 33.28 (c) An executive branch agency may reduce a fee that was 33.29 set by rule before the effective date of this section without 33.30 legislative approval. Chapter 14 does not apply to fee 33.31 reductions under this paragraph. 33.32 Sec. 20. [16A.287] [UNDESIGNATED APPROPRIATIONS.] 33.33 If a bill makes an appropriation directly to an entity 33.34 other than an agency of state government, the commissioner of 33.35 finance shall administer that appropriation. The entity to 33.36 which the appropriation is made must make a request to the 34.1 commissioner of finance for release of the funds. For purposes 34.2 of this section, an agency of state government includes 34.3 constitutional officers, the court, the legislature, the board 34.4 of regents of the University of Minnesota, and the Minnesota 34.5 historical society. 34.6 Sec. 21. Minnesota Statutes 1998, section 16A.45, 34.7 subdivision 1, is amended to read: 34.8 Subdivision 1. [CANCEL; CREDIT.] Once each fiscal year the 34.9 commissioner and the treasurer shall cancel upon their books all 34.10 outstanding unpaid commissioner's warrants, except warrants34.11issued for federal assistance programs,that have been issued 34.12 and deliveredfor more than six months prior to that date and34.13credit to the general fund the respective amounts of the34.14canceled warrantson or before June 30 of the preceding year and 34.15 credit state amounts subject to the provisions of section 345.43 34.16 and federal amounts to the appropriate account in the federal 34.17 fund. These warrants are presumed abandoned under section 34.18 345.38 and are subject to the provisions of sections 345.31 to 34.19 345.60.The commissioner and the treasurer shall cancel upon34.20their books all outstanding unpaid commissioner's warrants34.21issued for federal assistance programs that have been issued and34.22delivered for more than the period of time set pursuant to the34.23federal program and credit to the general fund and the34.24appropriate account in the federal fund, the amount of the34.25canceled warrants.34.26 Sec. 22. [16A.86] [CAPITAL PROJECT GRANTS TO POLITICAL 34.27 SUBDIVISIONS.] 34.28 Subdivision 1. [PROJECTS COVERED.] The capital improvement 34.29 projects covered by this section are only those not covered by 34.30 another state program of assistance to political subdivisions. 34.31 Subd. 2. [BUDGET REQUEST.] A political subdivision that 34.32 requests an appropriation of state general funds or state 34.33 general obligation bond proceeds for a local capital improvement 34.34 project is encouraged to submit the request to the commissioner 34.35 of finance by June 1 of an odd-numbered year to ensure its full 34.36 consideration. The request must be submitted in the form and 35.1 with the supporting documentation required by the commissioner 35.2 of finance. All requests timely received by the commissioner 35.3 must be forwarded to the legislature, along with agency 35.4 requests, by the deadline established in section 16A.11, 35.5 subdivision 1. 35.6 Subd. 3. [EVALUATION.] (a) The commissioner shall evaluate 35.7 all requests from political subdivisions for state assistance 35.8 based on the following criteria: 35.9 (1) the political subdivision has provided for local, 35.10 private, and user financing for the project to the maximum 35.11 extent possible; 35.12 (2) the project helps fulfill an important state mission; 35.13 (3) the project is of regional or statewide significance; 35.14 (4) the project will not require new or any additional 35.15 state operating subsidies; 35.16 (5) the project will not expand the state's role in a new 35.17 policy area; 35.18 (6) state funding for the project will not create 35.19 significant inequities among local jurisdictions; 35.20 (7) the political subdivision has presented a credible plan 35.21 for how ongoing maintenance of the project will be funded over 35.22 its estimated life; 35.23 (8) the project will not compete with other facilities in 35.24 such a manner that they lose a significant number of users to 35.25 the new project; and 35.26 (9) the governing bodies of those political subdivisions 35.27 primarily benefiting from the project have passed resolutions in 35.28 support of the project. 35.29 (b) The commissioner's evaluation of each request, 35.30 including whether it meets each of the criteria in paragraph 35.31 (a), must be submitted to the legislature along with the 35.32 governor's recommendations under section 16A.11, subdivision 1, 35.33 whether or not the governor recommends that the request be 35.34 funded. 35.35 Subd. 4. [FUNDING.] (a) If a project covered by this 35.36 section is funded, the amount of funding must be no more than 36.1 half the total cost of the project, including predesign, design, 36.2 construction, furnishings, and equipment. 36.3 (b) Notwithstanding paragraph (a), greater than 50 percent 36.4 funding of projects that are deemed needed as a result of a 36.5 disaster or to prevent a disaster, or that meet the criteria in 36.6 subdivision 3, paragraph (a), but are located in political 36.7 subdivisions with very low average net tax capacities is 36.8 permitted. 36.9 (c) Nothing in this section shall prevent the governor from 36.10 recommending, or the legislature from funding, projects which do 36.11 not meet the criteria in subdivision 3 or 4 when the governor or 36.12 the legislature determines that there is a compelling reason for 36.13 the recommendation or funding. 36.14 Sec. 23. Minnesota Statutes 1998, section 16B.31, 36.15 subdivision 2, is amended to read: 36.16 Subd. 2. [APPROPRIATIONS.] Plans must be paid for out of 36.17 money appropriated for the purpose of improving or constructing 36.18 the building. No part of the balance may be expended until the 36.19 commissioner has secured suitable plans and specifications, 36.20 prepared by a competent architect or engineer, and accompanied 36.21 by a detailed statement of the cost, quality, and description of 36.22 all material and labor required for the completion of the work. 36.23 No plan may be adopted, and no improvement made or building 36.24 constructed by the commissioner or any other agency to whom an 36.25 appropriation is made for a capital improvement, that 36.26 contemplates the expenditure for its completion of more money 36.27 than the appropriation for it, unless otherwise provided in this 36.28 section or the act making the appropriation. The commissioner 36.29 may not direct or permit any expenditure beyond that 36.30 appropriated, and any agent of the commissioner violating this 36.31 provision is guilty of a gross misdemeanor. 36.32 Sec. 24. Minnesota Statutes 1998, section 16B.415, is 36.33 amended to read: 36.34 16B.415 [OPERATION OF INFORMATION SYSTEMS.] 36.35 The commissioner, through a division of technology 36.36 management, is responsible for ongoing operations of state 37.1 agency information technology activities. These include records 37.2 management, activities relating to the Government Data Practices 37.3 Act,operation ofadministering the state information 37.4 infrastructure, and activities necessary to make state 37.5 information systems year 2000 compliant. 37.6 Sec. 25. Minnesota Statutes 1998, section 16B.46, is 37.7 amended to read: 37.8 16B.46 [TELECOMMUNICATION; POWERS.] 37.9 The commissioner shall supervise and control the leasing of 37.10 all state telecommunicationfacilitiesservices including any 37.11 transmission, emission, or reception of signs, signals, writing, 37.12 images, and sounds or intelligence of any nature by wire, radio, 37.13 optical, or other electromagnetic systems. Nothing in this 37.14 section or section 16B.465 modifies, amends, or abridges any 37.15 powers and duties presently vested in or imposed upon the 37.16 commissioner of transportation or the commissioner of public 37.17 safety relating to telecommunications facilities or the 37.18 commissioner of transportation relating only to radio air 37.19 navigation facilities or other air navigation facilities. 37.20 Sec. 26. Minnesota Statutes 1998, section 16B.465, is 37.21 amended to read: 37.22 16B.465 [STATE INFORMATION INFRASTRUCTURE.] 37.23 Subdivision 1. [PURPOSE.] (a) The state of Minnesota and 37.24 its departments and agencies are urged to seek ways to encourage 37.25 the growth of the private sector in the area of 37.26 telecommunications and not pursue policies that restrict market 37.27 opportunities for the private sector. The state may provide 37.28 only those telecommunication services that are not available 37.29 through the private sector. 37.30 (b) This section does not preclude the state from 37.31 purchasing, owning, or leasing customer premises equipment. 37.32 Customer premises equipment consists of terminal and associated 37.33 equipment and inside wire located at an end user's premises and 37.34 connected with communication channels at the point established 37.35 in a building or a complex to separate customer equipment from 37.36 the network. Customer premises equipment also includes, but is 38.1 not limited to communications devices eligible for distribution 38.2 to communication impaired persons under section 237.51, 38.3 subdivision 1. 38.4 (c) This section does not prohibit the state from operating 38.5 and staffing a network operations center that allows the state 38.6 to test, troubleshoot and maintain network operations. 38.7Subdivision 1Subd. 1a. [CREATION.] The state information 38.8 infrastructureprovidesshall arrange for the provision of 38.9 leased voice, data, video, and other telecommunications 38.10 transmission services to state agencies; educational 38.11 institutions, including public schools as defined in section 38.12 120A.05, subdivisions 9, 11, 13, and 17, nonpublic, church or 38.13 religious organization schools that provide instruction in 38.14 compliance with sections 120A.22, 120A.24, and 124A.41, and 38.15 private colleges; public corporations; and state political 38.16 subdivisions. It is not a telephone company for purposes of 38.17 chapter 237. The state shall not purchase, own, or lease any 38.18 telecommunication network facilities or equipment unless the 38.19 state has sought bids or proposals and has determined that the 38.20 private sector cannot provide the services as bid or proposed by 38.21 the state using the facilities or equipment in a cost-effective 38.22 manner. It shall not resell or sublease any services or 38.23 facilities to nonpublic entities except it may serve private 38.24 schools and colleges. The commissioner has the responsibility 38.25 for planning, development, and operations of the state 38.26 information infrastructure in order to provide 38.27 cost-effective leased telecommunications transmission services 38.28 to state information infrastructure users. For purposes of this 38.29 section, "state information infrastructure" means the network 38.30 facilities and telecommunications services provided by the state 38.31 or through contracts administered by the commissioner. 38.32 Subd. 3. [DUTIES.] (a) The commissioner, after 38.33 consultation with the office of technology, shall: 38.34 (1)providenegotiate, enter into, and administer contracts 38.35 for voice, data, video, and other leased telecommunications 38.36transmissionservices to the state and to political subdivisions 39.1 through an account in the intertechnologies revolving fund; 39.2 (2) manage vendor relationships, network function,and 39.3 capacity planning in order to be responsive to the needs of the 39.4 state information infrastructure users; 39.5 (3) set rates and fees for services; 39.6 (4) approve contracts for leased services relating to the 39.7 system; 39.8 (5) in consultation with the office of technology, develop 39.9the systema plan, including plansforthephasingof its39.10implementation and maintenance of the initial systemout the 39.11 provision of telecommunications services and network operations, 39.12 except as provided in paragraph (b), and for the annual program 39.13 and fiscal plans for the leased system; and 39.14 (6) in consultation with the office of technology, and the 39.15 department of children, families, and learning in regard to 39.16 schools, assist state agencies, political subdivisions of the 39.17 state, and higher education institutions, including private 39.18 colleges and public and private schools, to identify their 39.19 telecommunication needs, and developa planplans for 39.20interconnection ofthe provision of leased telecommunications 39.21 services and equipment to ensure the integration of these needs 39.22 into an interoperable statewide networkwith private colleges39.23and public and private schools in the state. 39.24 (b) The commissioner may purchase, own, operate, or lease 39.25 telecommunication network facilities or equipment if the 39.26 commissioner has sought bids or proposals and has determined 39.27 that the private sector cannot provide services that the state 39.28 intends to provide using the facilities or equipment in a 39.29 cost-effective manner. 39.30 (c) The commissioner, in consultation with the office of 39.31 technology and the department of children, families, and 39.32 learning in regard to schools, when requested, may assist state 39.33 agencies, political subdivisions of the state, and higher 39.34 education institutions, including private colleges and public 39.35 and private schools, in identifying, purchasing, or leasing 39.36 their customer premises equipment. 40.1 Subd. 4. [PROGRAM PARTICIPATION.](a)The commissioner may 40.2require the participationsecure bids or proposals for services 40.3 from private sector vendors to serve the needs of state 40.4 agencies, the state board of education,andthe board of 40.5 trustees of the Minnesota state colleges and universities, 40.6 andmay request the participation ofthe board of regents of the 40.7 University of Minnesota, in the planning and implementation of40.8the network to provide interconnective technologies. 40.9 Alternatively, those entities may seek bids or proposals for 40.10 services directly from private sector vendors with the advice of 40.11 the commissioner. The commissioner's advice is not binding on 40.12 these entities. 40.13 Subd. 4a. [RATES.] The commissioner shall establish 40.14 reimbursement rates in cooperation with the commissioner of 40.15 finance to be billed to participating agencies and educational 40.16 institutions sufficient to cover the operating, maintenance, and 40.17 administrative costs of thesystemleased services. 40.18(b) A direct appropriation made to an educational40.19institution for usage costs associated with the state40.20information infrastructure must only be used by the educational40.21institution for payment of usage costs of the network as billed40.22by the commissioner of administration.40.23 Subd. 6. [APPROPRIATION.] Money appropriated for the state 40.24 information infrastructure and fees for leased 40.25 telecommunications services must be deposited in an account in 40.26 the intertechnologies fund. Money in the account is 40.27 appropriated annually to the commissioner tooperate40.28telecommunications servicescarry out the purposes of this 40.29 section. 40.30 Subd. 7. [EXEMPTION.] The system is exempt from the 40.31 five-year limitation on contracts set by sections 16C.05, 40.32 subdivision 2, paragraph (a), clause (5), 16C.08, subdivision 3, 40.33 clause (7), and 16C.09, clause (6). 40.34 Sec. 27. Minnesota Statutes 1998, section 16B.58, is 40.35 amended by adding a subdivision to read: 40.36 Subd. 6a. [PARKING RESTRICTIONS.] Notwithstanding 41.1 subdivision 6: 41.2 (1) parking is prohibited on the terraces adjacent to the 41.3 carriage entrance on the south side of the capitol building; 41.4 (2) the ten parking spaces on Aurora Avenue closest to the 41.5 main entrance of the capitol building must be reserved for 41.6 parking by physically disabled persons displaying a certificate 41.7 issued under section 169.345; and 41.8 (3) the remainder of the parking spaces on Aurora Avenue 41.9 must be reserved for the general public during legislative 41.10 sessions. 41.11 Sec. 28. [16C.065] [COST-BENEFIT ANALYSIS.] 41.12 (a) The commissioner or an agency official to whom the 41.13 commissioner has delegated duties under section 16C.03, 41.14 subdivision 16, may not approve a contract or purchase of goods 41.15 or services in an amount greater than $5,000,000 unless a 41.16 cost-benefit analysis has been completed and shows a positive 41.17 benefit to the public. The management analysis division must 41.18 perform or direct the performance of the analysis. A 41.19 cost-benefit analysis must be performed for a project if an 41.20 aggregation of contracts or purchases for a project exceeds 41.21 $5,000,000. 41.22 (b) All cost-benefit analysis documents under this section, 41.23 including preliminary drafts and notes, are public data. 41.24 (c) If a cost-benefit analysis does not show a positive 41.25 benefit to the public, the governor may approve a contract or 41.26 purchase of goods or services if a cost-effectiveness study had 41.27 been done that shows the proposed project is the most effective 41.28 way to provide a necessary public good. 41.29 (d) This section applies to contracts for goods or services 41.30 that are expected to have a useful life of more than three 41.31 years. This section does not apply for purchase of goods or 41.32 services for response to a natural disaster if an emergency has 41.33 been declared by the governor. 41.34 Sec. 29. Minnesota Statutes 1998, section 16C.16, is 41.35 amended by adding a subdivision to read: 41.36 Subd. 13. [TIME LIMIT.] No business may receive a 42.1 preference under this section for more than an aggregate of five 42.2 years beginning with the first certification of eligibility 42.3 under the program. If a business changes ownership, or 42.4 otherwise changes its identity, and has received a preference 42.5 for an aggregate of five years, it may not receive a subsequent 42.6 preference if the person holding a controlling interest remains 42.7 the same. 42.8 Sec. 30. [16D.18] [AGENCY REFERRALS.] 42.9 When a debt owed to any entity of state government for 42.10 which the Minnesota collection enterprise has jurisdiction 42.11 becomes 121 days past due, the state entity must refer the 42.12 account to the commissioner of revenue for assignment to the 42.13 Minnesota collection enterprise. This requirement does not 42.14 apply if there is a dispute over the amount or validity of the 42.15 debt, if the debt is the subject of legal action or 42.16 administrative proceedings, or the agency determines that the 42.17 debtor is adhering to acceptable payment arrangements. The 42.18 commissioner of revenue, in consultation with the commissioner 42.19 of finance, may provide that certain types of debt need not be 42.20 referred to the commissioner for assignment to the collection 42.21 enterprise under this paragraph. Methods and procedures for 42.22 referral shall follow internal guidelines prepared by the 42.23 commissioner of finance. 42.24 Sec. 31. Minnesota Statutes 1998, section 43A.04, is 42.25 amended by adding a subdivision to read: 42.26 Subd. 12. [TOTAL COMPENSATION REPORTING.] (a) The 42.27 commissioner, in consultation with the commissioner of finance, 42.28 shall report to the governor and the legislature by January 15 42.29 each year on executive branch employee salary and benefits. The 42.30 purpose of the report is to assist in effective long-range 42.31 planning and to provide data necessary to compute annual and 42.32 biennial costs related to the state workforce. The report must 42.33 use data available in the biennial budget system and other 42.34 necessary sources. The report also must be made available to 42.35 the public in an electronic format. 42.36 (b) The report must be organized by agency. For each 43.1 employee during the previous fiscal year the report must: 43.2 (1) list each employee by position number, but not by name; 43.3 (2) list the total amount the state spent, by fund, for the 43.4 employee's salary and total compensation, including social 43.5 security contributions, insurance, and all other benefits and 43.6 related costs; 43.7 (3) list the employee's length of state service; and 43.8 (4) list the total estimated compensation for the 43.9 employee's career, assuming the employee works until the normal 43.10 retirement age. 43.11 Sec. 32. [43A.215] [EMPLOYEE ASSISTANCE.] 43.12 The commissioner must provide an employee assistance 43.13 program of training, diagnostic assistance, and referral 43.14 services for state employees and their dependents. 43.15 Sec. 33. Minnesota Statutes 1998, section 119A.05, 43.16 subdivision 1, is amended to read: 43.17 Subdivision 1. [AUTHORITY FOR FUNDING CONSOLIDATION.] 43.18 Notwithstanding existing law governing allocation of funds by 43.19 local grantees, mode of service delivery, grantee planning and 43.20 reporting requirements, and other procedural requirements for 43.21 the grant programs identified in this section, a local grantee 43.22 may elect to consolidate all or a portion of funding received 43.23 from the programs under subdivision 5 in a collaboration funding 43.24 plan, if all conditions specified in this section are 43.25 satisfied. County boards, school boards, or governing boards of 43.26 other grantees may elect not to consolidate funding for a 43.27 program. 43.28 For grantees electing consolidation, the commissioner may,43.29with the approval of the board of government innovation and43.30cooperation,waive all provisions of rules inconsistent with the 43.31 intent of this section. This waiver authority does not apply to 43.32 rules governing client protections, due process, or inclusion of 43.33 clients, parents, cultures, and ethnicities in decision making. 43.34 Funding to a local grantee must be determined according to the 43.35 funding formulas or allocation rules governing the individual 43.36 programs listed in section 119A.04. 44.1 Sec. 34. Minnesota Statutes 1998, section 128C.02, is 44.2 amended by adding a subdivision to read: 44.3 Subd. 3a. [PARTICIPATION IN EXHIBITIONS.] Minnesota 44.4 amateur sports commission exhibitions in which high school 44.5 students participate individually or as members of a team do not 44.6 qualify as games, contests, or other extracurricular activities 44.7 for state high school league purposes under this chapter. 44.8 Sec. 35. Minnesota Statutes 1998, section 136F.581, 44.9 subdivision 3, is amended to read: 44.10 Subd. 3. [PROCUREMENT FROM DESIGNATED BUSINESSES.] The 44.11 policies and procedures must include provisions for procurement, 44.12 including construction, from small targeted group businesses and 44.13 businesses from economically disadvantaged areas designated 44.14 under section 16C.16. The board, colleges, and universities 44.15 shall use the methods contained in section 471.345, subdivision 44.16 8, for such purchasing, or may develop additional methods in 44.17 which the cost percentage preferences are consistent with the 44.18 provision of section 16C.16, subdivisions 6, paragraph (a), and 44.19 7, or consistent with the provisions of the University of 44.20 Minnesota's targeted group business purchasing program. The 44.21 time limit for preferences is as described in section 16C.16, 44.22 subdivision 13. 44.23 Sec. 36. Minnesota Statutes 1998, section 136F.66, is 44.24 amended to read: 44.25 136F.66 [CAPITAL PROJECTS BIDDING PROCEDURES.] 44.26 In awarding contracts for capital projects under section 44.27 136F.64, the board shall consider the documentation provided by 44.28 the bidders regarding their qualifications, including evidence 44.29 of having successfully completed similar work, or delivering 44.30 services or products comparable to that being requested. The 44.31 board shall set procedures to administer this section, which 44.32 must include practices that will assist in the economic 44.33 development of small businesses, small targeted group 44.34 businesses, and businesses in economically disadvantaged areas 44.35 designated under section 16C.16. The time limit for preferences 44.36 awarded pursuant to those procedures is as described in section 45.1 16C.16, subdivision 13. 45.2 Sec. 37. Minnesota Statutes 1998, section 138.17, 45.3 subdivision 7, is amended to read: 45.4 Subd. 7. [RECORDS MANAGEMENT PROGRAM.] A records 45.5 management program for the application of efficient and 45.6 economical management methods to the creation, utilization, 45.7 maintenance, retention, preservation, and disposal of official 45.8 records shall be administered by the commissioner of 45.9 administration with assistance from the director of the 45.10 historical society. The state records center which stores and 45.11 services state records not in state archives shall be 45.12 administered by the commissioner of administration. The 45.13 commissioner of administration is empowered to (1) establish 45.14 standards, procedures, and techniques for effective management 45.15 of government records, (2) make continuing surveys of paper work 45.16 operations, and (3) recommend improvements in current records 45.17 management practices including the use of space, equipment, and 45.18 supplies employed in creating, maintaining, preserving and 45.19 disposing of government records. It shall be the duty of the 45.20 head of each state agency and the governing body of each county, 45.21 municipality, and other subdivision of government to cooperate 45.22 with the commissioner in conducting surveys and to establish and 45.23 maintain an active, continuing program for the economical and 45.24 efficient management of the records of each agency, county, 45.25 municipality, or other subdivision of government. When 45.26 requested by the commissioner, public officials shall assist in 45.27 the preparation of an inclusive inventory of records in their 45.28 custody, to which shall be attached a schedule, approved by the 45.29 head of the governmental unit or agency having custody of the 45.30 records and the commissioner, establishing a time period for the 45.31 retention or disposal of each series of records. When the 45.32 schedule is unanimously approved by the records disposition 45.33 panel, the head of the governmental unit or agency having 45.34 custody of the records may dispose of the type of records listed 45.35 in the schedule at a time and in a manner prescribed in the 45.36 schedule for particular records which were created after the 46.1 approval. A list of records disposed of pursuant to this 46.2 subdivision shall be forwarded to the commissioner and the 46.3 archivist by the head of the governmental unit or agency. The 46.4 archivist shall maintain a list of all records destroyed. 46.5 Sec. 38. Minnesota Statutes 1998, section 138.17, 46.6 subdivision 8, is amended to read: 46.7 Subd. 8. [EMERGENCY RECORDS PRESERVATION.] In light of the 46.8 danger of nuclear or natural disaster, the commissioner of 46.9 administration, with the assistance of the director of the 46.10 historical society, shall establish and maintain a program for 46.11 the selection and preservation of public records considered 46.12 essential to the operation of government and to the protection 46.13 of the rights and interests of persons, and shall make or cause 46.14 to be made preservation duplicates or designate as preservation 46.15 duplicates existing copies of such essential public records. 46.16 Preservation duplicates shall be durable, accurate, complete, 46.17 and clear, and such duplicates reproduced by photographic or 46.18 other process which accurately reproduces and forms a durable 46.19 medium for so reproducing the original shall have the same force 46.20 and effect for all purposes as the original record whether the 46.21 original record is in existence or not. A transcript, 46.22 exemplification, or certified copy of such preservation 46.23 duplicate shall be deemed for all purposes to be a transcript, 46.24 exemplification, or certified copy of the original record. Such 46.25 preservation duplicates shall be preserved in the place and 46.26 manner of safekeeping prescribed by the commissioner. 46.27 Every county, municipality, or other subdivision of 46.28 government may institute a program for the preservation of 46.29 necessary documents essential to the continuity of government. 46.30 Such a program shall first be submitted to the commissioner for 46.31 approval or disapproval and no such program shall be instituted 46.32 until such approval is obtained. 46.33 Sec. 39. Minnesota Statutes 1998, section 197.79, 46.34 subdivision 10, is amended to read: 46.35 Subd. 10. [DEADLINE FOR APPLICATIONS.] The application 46.36 period for the bonus program established in this section shall 47.1 be November 1, 1997, to June 30,19992001. The department may 47.2 not receive or accept new applications after June 30,19992001. 47.3 Sec. 40. Minnesota Statutes 1998, section 202A.18, is 47.4 amended by adding a subdivision to read: 47.5 Subd. 2a. [PREFERENCE BALLOT.] Prior to the opening of 47.6 nominations for the election of permanent offices and delegates, 47.7 a ballot must be distributed to permit caucus participants to 47.8 indicate their preference for the offices of president of the 47.9 United States or governor. The results of preference voting 47.10 must be reported to the secretary of state immediately upon 47.11 conclusion of the voting, in the manner provided by the 47.12 secretary of state. The secretary of state shall provide the 47.13 appropriate forms to the party for reporting the results. 47.14 Sec. 41. Minnesota Statutes 1998, section 202A.20, 47.15 subdivision 2, is amended to read: 47.16 Subd. 2. [REPORTING CAUCUS RESULTS.] The secretary of 47.17 statemay provide a method for the timely reporting of caucus47.18results to the publicshall promptly report to the public the 47.19 results of preference balloting at the precinct caucuses. 47.20 Sec. 42. Minnesota Statutes 1998, section 256.9753, 47.21 subdivision 3, is amended to read: 47.22 Subd. 3. [EXPENDITURES.]The board shall consult with the47.23office of citizenship and volunteer services prior to expending47.24money available for the retired senior volunteer programs.47.25 Expenditures shall be made (1) to strengthen and expand existing 47.26 retired senior volunteer programs, and (2) to encourage the 47.27 development of new programs in areas in the state where these 47.28 programs do not exist. Grants shall be made consistent with 47.29 applicable federal guidelines. 47.30 Sec. 43. Minnesota Statutes 1998, section 297F.08, is 47.31 amended by adding a subdivision to read: 47.32 Subd. 8a. [REVOLVING ACCOUNT.] A heat-applied cigarette 47.33 tax stamp revolving account is created. The commissioner shall 47.34 use the amounts in this fund to purchase heat-applied stamps for 47.35 resale. The commissioner shall charge distributors for the tax 47.36 value of the stamps they receive along with the commissioner's 48.1 cost to purchase the stamps and ship them to the distributor. 48.2 The stamp purchase and shipping costs recovered must be 48.3 deposited into the revolving account and are available to the 48.4 commissioner for further purchases and shipping costs. The 48.5 revolving account is initially funded by a $40,000 transfer from 48.6 the department of revenue. 48.7 Sec. 44. Minnesota Statutes 1998, section 349.163, 48.8 subdivision 4, is amended to read: 48.9 Subd. 4. [INSPECTION OF MANUFACTURERS.] Employees of the 48.10 board and the division of alcohol and gambling enforcement may 48.11 inspect the books, records, inventory, and business premises of 48.12 a licensed manufacturer without notice during the normal 48.13 business hours of the manufacturer. The board may charge a 48.14 manufacturer for the actual cost of conducting scheduled or 48.15 unscheduled inspections of the manufacturer's facilities, where 48.16 the amount charged to the manufacturer for such inspections in 48.17 any year does not exceed $7,500. The board shall deposit in a 48.18 separate account in the state treasury all money received as 48.19 reimbursement for the costs of inspections.Until July 1, 1999,48.20 Money in the account is appropriated to the board to pay the 48.21 costs of the inspections. 48.22 Sec. 45. Minnesota Statutes 1998, section 356.219, 48.23 subdivision 7, is amended to read: 48.24 Subd. 7. [EXPENSE OF REPORT.] All expenses incurred 48.25 relating to the investment report by the state auditor described 48.26 in subdivision 6 must beborne by the office of the state48.27auditor and may not be charged back to the entities described in48.28subdivisions 1 or 4recovered by reductions to pension-related 48.29 state aids otherwise payable to local units of government or 48.30 public pension funds. The reductions to scheduled aid payments 48.31 must be on a proportional basis. Fifty percent of the 48.32 assessment must be on the basis of the proportion the number of 48.33 all funds reporting under subdivision 6, and 50 percent on the 48.34 basis of assets distributed against the market value of plan 48.35 assets at the close of the report year expressed as a percentage 48.36 of total assets for local pension funds included in the 49.1 investment report under subdivision 6. The state auditor must 49.2 annually certify to the commissioner of revenue and the 49.3 commissioner of finance the amounts of these reductions, and the 49.4 commissioners shall effect the reductions accordingly. 49.5 Sec. 46. Minnesota Statutes 1998, section 383A.322, is 49.6 amended to read: 49.7 383A.322 [SMALL BUSINESS SET-ASIDE.] 49.8 Nothing in section 471.345 shall be construed to prohibit 49.9 Ramsey county from adopting a resolution, rule, regulation or 49.10 ordinance which on an annual basis sets aside for awarding to 49.11 small businesses a percentage of the value of the county's 49.12 anticipated total procurement of goods and services, including 49.13 construction, otherwise subject to that section, and which uses 49.14 either a negotiated price or bid contract procedure to award a 49.15 procurement contract under a set-aside program allowed in this 49.16 section. A set-aside program is governed by the time limits in 49.17 section 16C.16, subdivision 13. Any award based on a negotiated 49.18 price shall not exceed by more than five percent the county's 49.19 estimated price for the goods and services if they were 49.20 purchased in the open market and not under the set-aside program. 49.21 Sec. 47. Minnesota Statutes 1998, section 465.803, 49.22 subdivision 3, is amended to read: 49.23 Subd. 3. [USE OF REPAYMENT REVENUE.] All grant money 49.24 repaid to the board under this sectionis appropriated to the49.25board for additional grants authorized by sections 465.798,49.26465.799, and 465.801must be deposited in the general fund. 49.27 Sec. 48. Minnesota Statutes 1998, section 465.81, 49.28 subdivision 2, is amended to read: 49.29 Subd. 2. [DEFINITIONS.] As used in sections 465.81 to 49.30 465.87, the words defined in this subdivision have the meanings 49.31 given them in this subdivision. 49.32"Board" means the board of government innovation and49.33cooperation.49.34 "City" means home rule charter or statutory cities. 49.35 "Governing body" means, in the case of a county, the county 49.36 board; in the case of a city, the city council; and, in the case 50.1 of a town, the town board. 50.2 "Local government unit" or "unit" includes counties, 50.3 cities, and towns. 50.4 Sec. 49. Minnesota Statutes 1998, section 465.82, 50.5 subdivision 1, is amended to read: 50.6 Subdivision 1. [ADOPTION AND STATE AGENCY REVIEW.] Each 50.7 governing body that proposes to take part in a combination under 50.8 sections 465.81 to 465.87 must by resolution adopt a plan for 50.9 cooperation and combination. The plan must address each item in 50.10 this section. The plan must be specific for any item that will 50.11 occur within three years and may be general or set forth 50.12 alternative proposals for an item that will occur more than 50.13 three years in the future.The plan must be submitted to the50.14board of government innovation and cooperation for review and50.15comment.For a metropolitan area local government unit, the 50.16 plan mustalsobe submitted to the metropolitan council for 50.17 review and comment. The council may point out any resources or 50.18 technical assistance it may be able to provide a governing body 50.19 submitting a plan under this subdivision. Significant 50.20 modifications and specific resolutions of items must be 50.21 submitted to theboard andcouncil, if appropriate, for review 50.22 and comment. In the official newspaper of each local government 50.23 unit proposing to take part in the combination, the governing 50.24 body shall publish at least a summary of the adopted plans, each 50.25 significant modification and resolution of items, and, if 50.26 appropriate, the results ofeach board andcouncil review and 50.27 comment. If a territory of a unit is to be apportioned between 50.28 or among two or more units contiguous to the unit that is to be 50.29 apportioned, the plan must specify the area that will become a 50.30 part of each remaining unit. 50.31 Sec. 50. Minnesota Statutes 1998, section 465.84, is 50.32 amended to read: 50.33 465.84 [REFERENDUM.] 50.34 During the first or second year of cooperation,and after50.35approval of the plan by the board under section 465.83,a 50.36 referendum on the question of combination must be conducted. 51.1 The referendum must be on a date called by the governing bodies 51.2 of the units that propose to combine. The referendum must be 51.3 conducted according to the Minnesota Election Law, as defined in 51.4 section 200.01. If the referendum fails, the same question or a 51.5 modified question may be submitted the following year. If the 51.6 referendum fails again, the same question may not be submitted. 51.7 Referendums shall be conducted on the same date in all local 51.8 government units. 51.9 Sec. 51. Minnesota Statutes 1998, section 471.345, 51.10 subdivision 8, is amended to read: 51.11 Subd. 8. [PROCUREMENT FROM ECONOMICALLY DISADVANTAGED 51.12 PERSONS.] For purposes of this subdivision, the following terms 51.13 shall have the meanings herein ascribed to them: 51.14 (a) "Small targeted group business" means businesses 51.15 designated under section 16C.16. 51.16 (b) "Business entity" means an entity organized for profit, 51.17 including an individual, partnership, corporation, joint 51.18 venture, association, or cooperative. 51.19 Nothing in this section shall be construed to prohibit any 51.20 municipality from adopting a resolution, rule, regulation, or 51.21 ordinance which on an annual basis designates and sets aside for 51.22 awarding to small targeted group businesses a percentage of the 51.23 value of its anticipated total procurement of goods and 51.24 services, including construction, and which uses either a 51.25 negotiated price or bid contract procedure in the awarding of a 51.26 procurement contract under a set-aside program as allowed in 51.27 this subdivision, provided that any award based on a negotiated 51.28 price shall not exceed by more than five percent the 51.29 municipality's estimated price for the goods and services if 51.30 they were purchased on the open market and not under the 51.31 set-aside program. A set-aside program is governed by the time 51.32 limits in section 16C.16, subdivision 13. 51.33 Sec. 52. Minnesota Statutes 1998, section 572A.02, 51.34 subdivision 5, is amended to read: 51.35 Subd. 5. [DECISION FACTORS.]In comprehensive planning51.36disputes, the arbitration panel shall consider the goals stated52.1in section 4A.08 and the following factors in making a52.2decision.Inall otherdisputes brought under this section, the 52.3 arbitration panel shall consider the following factors in making 52.4 a decision: 52.5 (1) present population and number of households, past 52.6 population, and projected population growth of the subject area 52.7 and adjacent units of local government; 52.8 (2) quantity of land within the subject area and adjacent 52.9 units of local government; and natural terrain including 52.10 recognizable physical features, general topography, major 52.11 watersheds, soil conditions, and such natural features as 52.12 rivers, lakes, and major bluffs; 52.13 (3) degree of contiguity of the boundaries between the 52.14 municipality and the subject area; 52.15 (4) present pattern of physical development, planning, and 52.16 intended land uses in the subject area and the municipality 52.17 including residential, industrial, commercial, agricultural, and 52.18 institutional land uses and the impact of the proposed action on 52.19 those land uses; 52.20 (5) the present transportation network and potential 52.21 transportation issues, including proposed highway development; 52.22 (6) land use controls and planning presently being utilized 52.23 in the municipality and the subject area, including 52.24 comprehensive plans for development in the area and plans and 52.25 policies of the metropolitan council, and whether there are 52.26 inconsistencies between proposed development and existing land 52.27 use controls and the reasons therefore; 52.28 (7) existing levels of governmental services being provided 52.29 in the municipality and the subject area, including water and 52.30 sewer service, fire rating and protection, law enforcement, 52.31 street improvements and maintenance, administrative services, 52.32 and recreational facilities and the impact of the proposed 52.33 action on the delivery of said services; 52.34 (8) existing or potential environmental problems and 52.35 whether the proposed action is likely to improve or resolve 52.36 these problems; 53.1 (9) plans and programs by the municipality for providing 53.2 needed governmental services to the subject area; 53.3 (10) an analysis of the fiscal impact on the municipality, 53.4 the subject area, and adjacent units of local government, 53.5 including net tax capacity and the present bonded indebtedness, 53.6 and the local tax rates of the county, school district, and 53.7 township; 53.8 (11) relationship and effect of the proposed action on 53.9 affected and adjacent school districts and communities; 53.10 (12) adequacy of town government to deliver services to the 53.11 subject area; 53.12 (13) analysis of whether necessary governmental services 53.13 can best be provided through the proposed action or another type 53.14 of boundary adjustment; and 53.15 (14) if only a part of a township is annexed, the ability 53.16 of the remainder of the township to continue or the feasibility 53.17 of it being incorporated separately or being annexed to another 53.18 municipality. 53.19 Any party to the proceeding may present evidence and testimony 53.20 on any of the above factors at the hearing on the matter. 53.21 Sec. 53. Laws 1995, First Special Session chapter 3, 53.22 article 12, section 10, is amended to read: 53.23 Sec. 10. [ELECTRONIC COST REDUCTION.] 53.24 The commissioner of education shall identify methods to 53.25 reduce the costs of Internet access for school districts. The 53.26 commissioner shall work in conjunction withMNetthe state 53.27 information infrastructure, the department of administration, 53.28 and the telecommunication industry to provide Internet access 53.29 and long distance phone service at a favorable group rate. 53.30 Sec. 54. [LOAN REPAYMENT.] 53.31 The loan made by the Minneapolis community development 53.32 agency to the Minneapolis park and recreation board in 1986 to 53.33 acquire property for the central riverfront regional park must 53.34 not be repaid by any funds from the state of Minnesota or funds 53.35 of political subdivisions of the state, including the 53.36 metropolitan council. 54.1 Sec. 55. [EMPLOYEE ASSISTANCE PROGRAM.] 54.2 The state employee assistance program is transferred from 54.3 the department of administration to the department of employee 54.4 relations under Minnesota Statutes, section 15.039. 54.5 Sec. 56. [TRANSFER.] 54.6 The Minnesota humanities commission is transferred to the 54.7 department of children, families, and learning for 54.8 administrative purposes. 54.9 Sec. 57. [SALARY LIMIT.] 54.10 Subdivision 1. [EXECUTIVE BRANCH.] (a) During the fiscal 54.11 year ending June 30, 2000, the aggregate amount spent by all 54.12 executive branch agencies on employee total compensation may not 54.13 exceed 101 percent of the aggregate amount these agencies spent 54.14 on employee total compensation in the fiscal year ending June 54.15 30, 1999. 54.16 (b) During the fiscal year ending June 30, 2001, the 54.17 aggregate amount spent by all executive branch agencies on 54.18 employee total compensation may not exceed 103 percent of the 54.19 aggregate amount these agencies spent on employee total 54.20 compensation in the fiscal year ending June 30, 1999. 54.21 (c) For purposes of this section, "executive branch" has 54.22 the meaning given in Minnesota Statutes, section 43A.02, 54.23 subdivision 22, and includes the Minnesota state colleges and 54.24 universities but not constitutional offices. 54.25 Subd. 2. [LEGISLATIVE BRANCH.] (a) During the fiscal year 54.26 ending June 30, 2000, the amount spent on employee total 54.27 compensation by (1) the house of representatives; (2) the 54.28 senate; and (3) the legislative coordinating commission and all 54.29 groups under its jurisdiction may not exceed 101 percent of the 54.30 amount spent on employee total compensation during the fiscal 54.31 year ending June 30, 1999. 54.32 (b) During the fiscal year ending June 30, 2001, the amount 54.33 spent on employee total compensation by (1) the house of 54.34 representatives; (2) the senate; and (3) the legislative 54.35 coordinating commission and all groups under its jurisdiction, 54.36 may not exceed 103 percent of the amount spent on employee total 55.1 compensation during the fiscal year ending June 30, 1999. Each 55.2 entity listed in clauses (1), (2), and (3) in this paragraph 55.3 must be treated separately for purposes of determining 55.4 compliance with this subdivision, except that the legislative 55.5 coordinating commission and all groups under its jurisdiction 55.6 must be treated as one unit. 55.7 Sec. 58. [APPROPRIATION REDUCTIONS.] 55.8 Subdivision 1. [APPLICATION TO OTHER LAW.] The 55.9 appropriation reductions mandated by this section supersede any 55.10 other law, regardless of order of final passage. 55.11 Subd. 2. [EXECUTIVE BRANCH.] During the biennium ending 55.12 June 30, 2001, general fund appropriations to executive branch 55.13 agencies other than the Minnesota state colleges and 55.14 universities for agency operations are reduced by $38,700,000. 55.15 The governor must allocate these reductions among executive 55.16 branch agencies. For purposes of these reductions, "executive 55.17 branch" is as defined in section 57. 55.18 Subd. 3. [METHOD OF ATTAINING REDUCTIONS.] To the extent 55.19 practical, the reductions required by this section must be 55.20 accomplished by not filling vacancies or by replacing employees 55.21 who leave state service with lower paid employees. 55.22 Sec. 59. [VOLUNTARY UNPAID LEAVE OF ABSENCE.] 55.23 Appointing authorities in state government shall encourage 55.24 each employee to take an unpaid leave of absence for up to 160 55.25 hours during the period ending June 30, 2001. Each appointing 55.26 authority approving such a leave shall allow the employee to 55.27 continue accruing vacation and sick leave, be eligible for paid 55.28 holidays and insurance benefits, accrue seniority, and accrue 55.29 service credit in state retirement plans permitting service 55.30 credits for authorized leaves of absence as if the employee had 55.31 actually been employed during the time of the leave. If the 55.32 leave of absence is for one full pay period or longer, any 55.33 holiday pay shall be included in the first payroll warrant after 55.34 return from the leave of absence. The appointing authority 55.35 shall attempt to grant requests for unpaid leaves of absence 55.36 consistent with the need to continue efficient operation of the 56.1 agency. However, each appointing authority shall retain 56.2 discretion to grant or refuse to grant requests for leaves of 56.3 absence and to schedule and cancel leaves, subject to applicable 56.4 provisions of collective bargaining agreements and compensation 56.5 plans. 56.6 Sec. 60. [HOLIDAY.] 56.7 For purposes of Minnesota Statutes, section 645.44, 56.8 subdivision 5, Monday, January 3, 2000, replaces Friday, 56.9 December 31, 1999, as a holiday. Any labor agreement between a 56.10 public employer and employee shall be amended to reflect this 56.11 change. 56.12 Sec. 61. [REVISOR'S INSTRUCTION.] 56.13 In each section of Minnesota Statutes referred to in column 56.14 A, the revisor of statutes shall delete the reference in column 56.15 B and insert the reference in column C. 56.16 Column A Column B Column C 56.17 13.43, subd. 7 16B.39, subd. 2 43A.215 56.18 43A.30, subd. 5 16B.39 43A.215 56.19 Sec. 62. [REPEALER.] 56.20 (a) Minnesota Statutes 1998, sections 4A.08; 4A.09; 4A.10; 56.21 15.90; 15.91; 15.92; 16A.103, subdivision 3; 16B.39, subdivision 56.22 2; 16B.88; 16E.11; 43A.211; 207A.01; 207A.02; 207A.03; 207A.04; 56.23 207A.06; 207A.07; 207A.08; 207A.09; 207A.10; 394.232; 462.3535; 56.24 473.1455; 572A.01; and 572A.03, subdivision 2, are repealed. 56.25 (b) Minnesota Statutes 1998, sections 465.795; 465.796; 56.26 465.797; 465.7971; 465.798; 465.799; 465.801; 465.802; 465.803; 56.27 465.83; 465.87; and 465.88, are repealed. 56.28 (c) Minnesota Statutes 1998, section 16A.1285, subdivisions 56.29 4 and 5, are repealed. 56.30 Sec. 63. [EFFECTIVE DATES.] 56.31 Section 39 is effective June 30, 1999. 56.32 Sections 33, 48 to 50, and 62, paragraph (b), are effective 56.33 June 30, 2000. 56.34 Sections 1 and 13 are effective July 1, 2000. 56.35 Sections 18, 19, and 62, paragraph (c), are effective July 56.36 1, 2001. 57.1 Sections 3 to 5 and 11 are effective January 1, 2000. 57.2 Sections 24 to 26 and 53 are effective the day following 57.3 final enactment. Sections 24 to 26 and 53 do not affect any 57.4 valid contracts executed before the effective date of sections 57.5 24 to 26 and 53. 57.6 Sections 29, 35, 36, 46, and 51 are effective January 1, 57.7 2000, and apply to businesses receiving preferences that total 57.8 an aggregate of five years before or after that date. 57.9 ARTICLE 3 57.10 YEAR 2000 57.11 Section 1. [604B.01] [YEAR 2000 ACTIVITIES; IMMUNITY.] 57.12 Subdivision 1. [DEFINITIONS.] For the purpose of this 57.13 section, the terms defined in this section have the meanings 57.14 given them. 57.15 Subd. 2. [ASSOCIATION.] "Association" means a trade, 57.16 professional, governmental, or similar organization the members 57.17 of which are individuals, enterprises, or governmental units 57.18 engaged in similar lines of business, services, or activity. 57.19 Subd. 3. [STATE AGENCY.] "State agency" means the 57.20 University of Minnesota, Minnesota state colleges and 57.21 universities, and the departments, boards, agencies, and 57.22 commissions in the executive, judicial, and legislative branches. 57.23 Subd. 4. [YEAR 2000 SOLUTION INFORMATION.] "Year 2000 57.24 solution information" means information related to solutions 57.25 that address the inability of computer systems, software, or 57.26 electronically controlled devices to recognize certain dates in 57.27 1999 and after December 31, 1999. That inability may cause 57.28 disruptions in electronic communications or the functioning of 57.29 electronically controlled equipment resulting or reasonably 57.30 anticipated to result from erroneous data that is or may be 57.31 supplied by electronic devices. 57.32 Subd. 5. [ASSOCIATION AND RELATED IMMUNITY.] No cause of 57.33 action may be maintained against an association for damages or 57.34 harm resulting from the collection of year 2000 solution 57.35 information or the publication of that information or against 57.36 any person or entity for providing year 2000 solution 58.1 information to the association. 58.2 Subd. 6. [STATE AGENCY IMMUNITY.] No cause of action may 58.3 be maintained against a state agency for damages or harm 58.4 resulting from the collection of year 2000 solution information 58.5 or the publication of that information. 58.6 Subd. 7. [GOVERNMENTAL UNIT IMMUNITY.] No cause of action 58.7 may be maintained against a governmental unit as defined in 58.8 section 462.384, subdivision 2, including governmental units 58.9 acting jointly under section 471.59, for damages or harm 58.10 resulting from the collection, publication, or dissemination of 58.11 year 2000 solution information to other governmental units or to 58.12 the metropolitan council or agencies. 58.13 Subd. 8. [EXCEPTION.] Subdivisions 5 to 7 do not apply if 58.14 the party against whom the claim is brought knew that the year 58.15 2000 solution information provided was materially false or 58.16 provided the information with reckless disregard as to the 58.17 accuracy of the information. 58.18 Subd. 9. [NO IMPLIED CAUSE OF ACTION CREATED.] No 58.19 liability on the part of any person or any public or private 58.20 entity is implied or created by this section by the absence of a 58.21 grant of immunity under this section. 58.22 Sec. 2. [604B.02] [TRIAL OF MATTERS INVOLVING Y2K 58.23 PROCESSING.] 58.24 (a) For a civil cause of action involving a claim in tort, 58.25 contract, product liability, or under any other legal theory 58.26 arising out of damages allegedly due to a failure of Y2K 58.27 processing, an action may be commenced and discovery may be 58.28 conducted, but no dispositive motion may be heard or trial 58.29 conducted until after January 2, 2001 unless the court 58.30 determines, for good cause shown, that a failure to hear and 58.31 rule on a dispositive motion would result in hardship. 58.32 (b) Actions involving a failure of Y2K processing shall be 58.33 referred to a Y2K processing panel of the district court to 58.34 which district judges in a sufficient number shall be assigned 58.35 on and after July 1, 1999. 58.36 Sec. 3. [EMERGENCIES.] 59.1 (a) The governor may declare an emergency under this 59.2 section for purposes of Minnesota Statutes, sections 12.31, 59.3 12.36, and 12.37. The governor may declare an emergency under 59.4 authority of this section only to the extent that actual or 59.5 potential failure of computers or electronically controlled 59.6 devices creates an actual or imminent serious threat to the 59.7 health or safety of persons or an actual or imminent threat of 59.8 catastrophic loss to property or the environment. 59.9 (b) A declaration for purposes of Minnesota Statutes, 59.10 section 12.31, must be made according to procedures in that 59.11 section. 59.12 (c) The governor may declare an emergency under this 59.13 section for purposes of Minnesota Statutes, section 12.36 or 59.14 12.37, without declaring a peacetime emergency under Minnesota 59.15 Statutes, section 12.31. A declaration for purposes of 59.16 Minnesota Statutes, section 12.36 or 12.37, may specify that it 59.17 applies to all or certain units of state or local government, 59.18 must specify the time period for which it applies, and must be 59.19 filed with the secretary of state. 59.20 (d) This section is in addition to and does not limit 59.21 authority granted to the governor or local government officials 59.22 by Minnesota Statutes, chapter 12, or other law. 59.23 (e) After April 1, 2000, the governor may not use this 59.24 section as authority to declare an emergency. 59.25 (f) If an emergency is declared under authority of this 59.26 section, a unit of state or local government may omit compliance 59.27 with the procedures and law listed in Minnesota Statutes, 59.28 sections 12.36, paragraph (a), clause (2), and 12.37, clause 59.29 (2), only to the extent necessary to protect health and safety 59.30 of persons or avoid catastrophic loss to property or the 59.31 environment. A unit of state or local government must report to 59.32 the year 2000 project office in the department of administration 59.33 on omitting compliance with procedures and laws. The report 59.34 must be filed within 30 days of the action that did not comply 59.35 with the customary laws. 59.36 Sec. 4. [YEAR 2000 PROBLEM REPORTS.] 60.1 All electric utilities, as defined in Minnesota Statutes, 60.2 section 216B.38, subdivision 5, and telephone companies, as 60.3 defined in Minnesota Statutes, section 237.01, subdivisions 2 60.4 and 3, must file status reports on year 2000 problems with the 60.5 public utilities commission and the department of public 60.6 service, with a copy to the division of emergency management of 60.7 the department of public safety, on July 1 and October 1, 1999. 60.8 The status report must include a statement of the percentage of 60.9 the assessment phase that has been completed to date, the 60.10 percentage of the remediation phase that has been completed to 60.11 date, and the percentage of the testing of corrective actions 60.12 phase that has been complete to date. The foregoing questions, 60.13 along with others deemed appropriate, must be included in Y2K 60.14 status report form that must be provided by the department of 60.15 public safety, division of emergency management. If a report 60.16 indicates that all year 2000 problems have been remediated, an 60.17 entity need not file a subsequent report unless there has been a 60.18 change. 60.19 Sec. 5. [YEAR 2000 PROBLEM EXEMPTION FROM UNIFORM 60.20 MUNICIPAL CONTRACTING LAW.] 60.21 Subdivision 1. [MUNICIPAL CONTRACTS.] Minnesota Statutes, 60.22 section 471.345, does not apply to the purchase or rental of 60.23 supplies, materials, and equipment nor to the construction, 60.24 alteration, repair, and maintenance of real or personal property 60.25 if the governing body of a municipality determines that there is 60.26 an urgency due to the actual or potential failure or malfunction 60.27 of public infrastructure or systems critical to the delivery of 60.28 municipal services due to year 2000 problems with computers and 60.29 electronically controlled devices. 60.30 Subd. 2. [SPECIAL PROCEDURE.] A contract exempted from 60.31 Minnesota Statutes, section 471.345, by subdivision 1 may, at 60.32 the discretion of the municipality, be made by direct 60.33 negotiation by obtaining two or more quotations or in the open 60.34 market. All quotations shall be kept on file for a period of at 60.35 least one year after receipt. 60.36 Subd. 3. [APPLICABILITY OF OTHER LAWS.] This section 61.1 supersedes any inconsistent law. 61.2 Subd. 4. [REPORTS.] A municipality must report to the year 61.3 2000 project office in the department of administration on each 61.4 instance in which it omitted compliance with the uniform 61.5 municipal contracting law under authority of this section. 61.6 Subd. 5. [EXPIRATION.] This section applies only to a 61.7 contract entered into or goods or services purchased before 61.8 April 1, 2000. 61.9 Sec. 6. [DEPARTMENT OF HEALTH; YEAR 2000 ACTIVITY.] 61.10 Subdivision 1. [DEPARTMENT OF HEALTH SURVEY.] The 61.11 department of health must, by July 30, 1999, survey all 61.12 hospitals, nursing homes, nontransient noncommunity water 61.13 systems operated by a public entity, and community water supply 61.14 systems for year 2000 problems and solutions related to their 61.15 operations. The department, upon request, must disseminate 61.16 information about those year 2000 problems and proposed 61.17 solutions to hospitals, nursing homes, and water supply system 61.18 operators in a prompt and reasonable manner. 61.19 Subd. 2. [STATUS REPORTS.] All hospitals, nursing homes, 61.20 nontransient noncommunity water systems operated by a public 61.21 entity, and community water supply systems must file status 61.22 reports on year 2000 problems with the department of health, 61.23 with a copy to the division of emergency management of the 61.24 department of public safety, on July 1 and October 1, 1999. The 61.25 status report must include a statement of the percentage of the 61.26 assessment phase that has been completed to date, the percentage 61.27 of the remediation phase that has been completed to date, and 61.28 the percentage of the testing of corrective actions phase that 61.29 has been completed to date. The foregoing questions, along with 61.30 others deemed appropriate, must be included in a Y2K status 61.31 report form that must be provided by the department of public 61.32 safety, division of emergency management. If there has been no 61.33 change since the previous report, the report may indicate only 61.34 that no change has occurred. 61.35 Sec. 7. [DEPARTMENT OF HUMAN SERVICES; YEAR 2000 61.36 ACTIVITY.] 62.1 If year 2000 computer problems create a failure or 62.2 malfunction in the infrastructure or systems used by the 62.3 department of human services for payment to health care 62.4 providers under state government programs or counties, the 62.5 commissioner of human services shall continue to pay all health 62.6 care providers paid under state government programs or counties 62.7 by manual warrant or other measures within the statutorily 62.8 required time period. 62.9 Sec. 8. [STATUS REPORTS.] 62.10 (a) The recipients of the status reports required by 62.11 sections 4 and 6, subdivision 2, including the division of 62.12 emergency management, shall consult with those required to file 62.13 those reports concerning the form of the report. 62.14 (b) All reports provided under sections 4 and 6 shall be 62.15 considered Year 2000 Readiness Disclosures. 62.16 Sec. 9. [YEAR 2000 LOAN FUND.] 62.17 (a) $20,000,000 is appropriated from the general fund in 62.18 fiscal year 2000 to the commissioner of finance to capitalize a 62.19 fund, to be used to make loans to school districts; counties; 62.20 joint powers boards; home rule charter and statutory cities; and 62.21 towns to meet the costs they incur in addressing year 2000 62.22 problems. 62.23 (b) A loan may not be made until the year 2000 project 62.24 office of the department of administration certifies to the 62.25 commissioner of finance that: 62.26 (1) the proposed use of the loan is related only to 62.27 remediation of a year 2000 problem; 62.28 (2) the unit of local government has insufficient resources 62.29 available to address year 2000 problems; and 62.30 (3) the loan would be used to remediate problems that are 62.31 likely to affect public health and safety or cause catastrophic 62.32 loss to property or the environment. 62.33 (c) The local units of government that received the loans 62.34 must repay them by June 30, 2001. Interest is payable on the 62.35 loan at the rate earned by the state on invested treasurer's 62.36 cash, as determined monthly by the commissioner of finance. 63.1 Repayments must be deposited in the general fund. 63.2 (d) A unit of local government receiving a loan under this 63.3 section must report to the year 2000 project office in the 63.4 department of administration within 60 days of receiving the 63.5 loan. The report must state how the loan was used in accordance 63.6 with the criteria of paragraph (b). 63.7 (e) This appropriation cancels April 1, 2000. 63.8 Any canceled money must be deposited in the general fund. 63.9 Sec. 10. [COMMISSIONER REVIEW.] 63.10 The commissioner of administration, through staff of the 63.11 Y2K project office, is responsible for reviewing use of 63.12 emergency authority and emergency funds under this act and shall 63.13 review reports from state agencies and political subdivisions 63.14 under sections 3, 4, 5, and 10. If the commissioner determines 63.15 that funds obtained under section 10 were not used in a manner 63.16 consistent with the requirements of section 10, paragraph (b), 63.17 the political subdivision must pay interest on the loan at the 63.18 rate of 12 percent, compounded annually from the time the loan 63.19 was received. 63.20 Sec. 11. [EFFECTIVE DATE.] 63.21 Sections 1 to 10 are effective the day following final 63.22 enactment. 63.23 ARTICLE 4 63.24 CONFORMING CHANGES 63.25 Section 1. Minnesota Statutes 1998, section 14.131, is 63.26 amended to read: 63.27 14.131 [STATEMENT OF NEED AND REASONABLENESS.] 63.28 Before the agency orders the publication of a rulemaking 63.29 notice required by section 14.14, subdivision 1a, the agency 63.30 must prepare, review, and make available for public review a 63.31 statement of the need for and reasonableness of the rule. The 63.32 statement of need and reasonableness must be prepared under 63.33 rules adopted by the chief administrative law judge and must 63.34 include the following to the extent the agency, through 63.35 reasonable effort, can ascertain this information: 63.36 (1) a description of the classes of persons who probably 64.1 will be affected by the proposed rule, including classes that 64.2 will bear the costs of the proposed rule and classes that will 64.3 benefit from the proposed rule; 64.4 (2) the probable costs to the agency and to any other 64.5 agency of the implementation and enforcement of the proposed 64.6 rule and any anticipated effect on state revenues; 64.7 (3) a determination of whether there are less costly 64.8 methods or less intrusive methods for achieving the purpose of 64.9 the proposed rule; 64.10 (4) a description of any alternative methods for achieving 64.11 the purpose of the proposed rule that were seriously considered 64.12 by the agency and the reasons why they were rejected in favor of 64.13 the proposed rule; 64.14 (5) the probable costs of complying with the proposed rule; 64.15 and 64.16 (6) an assessment of any differences between the proposed 64.17 rule and existing federal regulations and a specific analysis of 64.18 the need for and reasonableness of each difference. 64.19For rules setting, adjusting, or establishing regulatory,64.20licensure, or other charges for goods and services, the64.21statement of need and reasonableness must include the comments64.22and recommendations of the commissioner of finance and must64.23address any fiscal and policy concerns raised during the review64.24process, as required by section 16A.1285.64.25 The statement must describe how the agency, in developing 64.26 the rules, considered and implemented the legislative policy 64.27 supporting performance-based regulatory systems set forth in 64.28 section 14.002. 64.29 The statement must also describe the agency's efforts to 64.30 provide additional notification to persons or classes of persons 64.31 who may be affected by the proposed rule or must explain why 64.32 these efforts were not made. 64.33 The agency must send a copy of the statement of need and 64.34 reasonableness to the legislative reference library when it 64.35 becomes available for public review. 64.36 Sec. 2. Minnesota Statutes 1998, section 14.23, is amended 65.1 to read: 65.2 14.23 [STATEMENT OF NEED AND REASONABLENESS.] 65.3 Before the date of the section 14.22 notice, the agency 65.4 shall prepare a statement of need and reasonableness, which must 65.5 be available to the public. The statement of need and 65.6 reasonableness must include the analysis required in section 65.7 14.131and the comments and recommendations of the commissioner65.8of finance, and must address any fiscal and policy concerns65.9raised during the review process, as required by section65.1016A.1285. The statement must also describe the agency's efforts 65.11 to provide additional notification to persons or classes of 65.12 persons who may be affected by the proposed rules or must 65.13 explain why these efforts were not made. For at least 30 days 65.14 following the notice, the agency shall afford the public an 65.15 opportunity to request a public hearing and to submit data and 65.16 views on the proposed rule in writing. 65.17 The agency shall send a copy of the statement of need and 65.18 reasonableness to the legislative reference library when it 65.19 becomes available to the public. 65.20 Sec. 3. Minnesota Statutes 1998, section 16B.748, is 65.21 amended to read: 65.22 16B.748 [RULES.] 65.23 The commissioner may adopt rules for the following purposes: 65.24 (1)to set a fee under section 16A.1285 for processing a65.25construction or installation permit or elevator contractor65.26license application;65.27(2) to set a fee under section 16A.1285 to cover the cost65.28of elevator inspections;65.29(3)to establish minimum qualifications for elevator 65.30 inspectors that must include possession of a current elevator 65.31 constructor electrician's license issued by the state board of 65.32 electricity and proof of successful completion of the national 65.33 elevator industry education program examination or equivalent 65.34 experience; 65.35(4)(2) to establish criteria for the qualifications of 65.36 elevator contractors; 66.1(5)(3) to establish elevator standards under sections 66.2 16B.61, subdivisions 1 and 2, and 16B.64; 66.3(6)(4) to establish procedures for appeals of decisions of 66.4 the commissioner under chapter 14 and procedures allowing the 66.5 commissioner, before issuing a decision, to seek advice from the 66.6 elevator trade, building owners or managers, and others 66.7 knowledgeable in the installation, construction, and repair of 66.8 elevators; and 66.9(7)(5) to establish requirements for the registration of 66.10 all elevators. 66.11 Sec. 4. Minnesota Statutes 1998, section 18.54, is amended 66.12 to read: 66.13 18.54 [LOCAL SALES AND MISCELLANEOUS.] 66.14 Subdivision 1. [SERVICES AND FEES.] The commissioner may 66.15 make small lot inspections or perform other necessary services 66.16 for which another charge is not specified. For these services 66.17 the commissioner shall set a fee plus expenses that will recover 66.18 the cost of performing this service, as provided in section66.1916A.1285. The commissioner may set an additional acreage fee 66.20 for inspection of seed production fields for exporters in order 66.21 to meet domestic and foreign plant quarantine requirements. 66.22 Subd. 2. [VIRUS DISEASE-FREE CERTIFICATION.] The 66.23 commissioner shall have the authority to provide special 66.24 services such as virus disease-free certification and other 66.25 similar programs. Participation by nursery stock growers shall 66.26 be voluntary. Plants offered for sale as certified virus-free 66.27 must be grown according to certain procedures in a manner 66.28 defined by the commissioner for the purpose of eliminating 66.29 viruses and other injurious disease or insect pests. The 66.30 commissioner shall collect reasonable fees from participating 66.31 nursery stock growers for services and materials that are 66.32 necessary to conduct this type of work, as provided in section66.3316A.1285. 66.34 Sec. 5. Minnesota Statutes 1998, section 21.92, is amended 66.35 to read: 66.36 21.92 [SEED INSPECTION FUND.] 67.1 There is established in the state treasury an account known 67.2 as the seed inspection fund. Fees and penalties collected by 67.3 the commissioner under sections 21.80 to 21.92 and interest 67.4 attributable to money in the account shall be deposited into 67.5 this account.The rates at which the fees are charged may be67.6adjusted pursuant to section 16A.1285.67.7 Sec. 6. Minnesota Statutes 1998, section 60A.964, 67.8 subdivision 1, is amended to read: 67.9 Subdivision 1. [AMOUNT.] The licensing fee for a viatical 67.10 settlement provider license is $750 for initial licensure and 67.11 $250 for each annual renewal.The commissioner may adjust the67.12fees as provided under section 16A.1285 to recover the costs of67.13administration and enforcement.The fees must be limited to the 67.14 cost of license administration and enforcement and must be 67.15 deposited in the state treasury, credited to a special account, 67.16 and appropriated to the commissioner. 67.17 Sec. 7. Minnesota Statutes 1998, section 60A.972, 67.18 subdivision 3, is amended to read: 67.19 Subd. 3. [FEES.] The licensing fee for a viatical 67.20 settlement broker is $750 for initial licensure and $250 for 67.21 each annual renewal. Failure to pay the renewal fee within the 67.22 time required by the commissioner results in an automatic 67.23 revocation of the license.The commissioner may adjust the fees67.24as provided under section 16A.1285 to recover the costs of67.25administration and enforcement.The fees must be limited to the 67.26 cost of license administration and enforcement and must be 67.27 deposited in the state treasury, credited to a special account, 67.28 and appropriated to the commissioner. 67.29 Sec. 8. Minnesota Statutes 1998, section 97B.025, is 67.30 amended to read: 67.31 97B.025 [ADVANCED HUNTER EDUCATION.] 67.32 The commissioner may establish advanced education courses 67.33 for hunters and trappers. The commissioner, with the approval 67.34 of the commissioner of finance, may impose a fee not to exceed 67.35 $10 for each person attending an advanced education course.The67.36commissioner shall establish the fee under section 16A.1285.68.1 Sec. 9. Minnesota Statutes 1998, section 103G.301, 68.2 subdivision 2, is amended to read: 68.3 Subd. 2. [PERMIT APPLICATION FEES.](a)An application for 68.4 a permit authorized under this chapter, and each request to 68.5 amend or transfer an existing permit, must be accompanied by a 68.6 permit application fee to defray the costs of receiving, 68.7 recording, and processing the application or request to amend or 68.8 transfer. 68.9(b) The application fee for a permit to appropriate water,68.10a permit to construct or repair a dam that is subject to dam68.11safety inspection, a state general permit, or to apply for the68.12state water bank program is $75. The application fee for a68.13permit to work in public waters or to divert waters for mining68.14must be at least $75, but not more than $500, in accordance with68.15a schedule of fees adopted under section 16A.1285.68.16 Sec. 10. Minnesota Statutes 1998, section 103I.525, 68.17 subdivision 9, is amended to read: 68.18 Subd. 9. [INCOMPLETE OR LATE RENEWAL.] If a licensee fails 68.19 to submit all information required for renewal in subdivision 8 68.20 or submits the application and information after the required 68.21 renewal date: 68.22 (1) the licensee must include an additional late fee set by 68.23 the commissionerunder section 16A.1285; and 68.24 (2) the licensee may not conduct activities authorized by 68.25 the well contractor's license until the renewal application, 68.26 renewal application fee, late fee, and all other information 68.27 required in subdivision 8 are submitted. 68.28 Sec. 11. Minnesota Statutes 1998, section 103I.531, 68.29 subdivision 9, is amended to read: 68.30 Subd. 9. [INCOMPLETE OR LATE RENEWAL.] If a licensee fails 68.31 to submit all information required for renewal in subdivision 8 68.32 or submits the application and information after the required 68.33 renewal date: 68.34 (1) the licensee must include an additional late fee set by 68.35 the commissionerunder section 16A.1285; and 68.36 (2) the licensee may not conduct activities authorized by 69.1 the limited well contractor's license until the renewal 69.2 application, renewal application fee, and late fee, and all 69.3 other information required in subdivision 8 are submitted. 69.4 Sec. 12. Minnesota Statutes 1998, section 103I.535, 69.5 subdivision 9, is amended to read: 69.6 Subd. 9. [INCOMPLETE OR LATE RENEWAL.] If a licensee fails 69.7 to submit all information required for renewal in subdivision 8 69.8 or submits the application and information after the required 69.9 renewal date: 69.10 (1) the licensee must include an additional late fee set by 69.11 the commissionerunder section 16A.1285; and 69.12 (2) the licensee may not conduct activities authorized by 69.13 the elevator shaft contractor's license until the renewal 69.14 application, renewal application fee, and late fee, and all 69.15 other information required in subdivision 8 are submitted. 69.16 Sec. 13. Minnesota Statutes 1998, section 103I.541, 69.17 subdivision 5, is amended to read: 69.18 Subd. 5. [INCOMPLETE OR LATE RENEWAL.] If a registered 69.19 person submits a renewal application after the required renewal 69.20 date: 69.21 (1) the registered person must include an additional late 69.22 fee set by the commissionerunder section 16A.1285; and 69.23 (2) the registered person may not conduct activities 69.24 authorized by the monitoring well contractor's registration 69.25 until the renewal application, renewal application fee, late 69.26 fee, and all other information required in subdivision 4 are 69.27 submitted. 69.28 Sec. 14. Minnesota Statutes 1998, section 115B.49, 69.29 subdivision 2, is amended to read: 69.30 Subd. 2. [REVENUE SOURCES.] Revenue from the following 69.31 sources must be deposited in the state treasury and credited to 69.32 the account: 69.33 (1) the proceeds of the fees imposed by subdivision 4; 69.34 (2) interest attributable to investment of money in the 69.35 account; 69.36 (3) penalties and interest collected under subdivision 4, 70.1 paragraph(d)(c); and 70.2 (4) money received by the commissioner for deposit in the 70.3 account in the form of gifts, grants, and appropriations. 70.4 Sec. 15. Minnesota Statutes 1998, section 115B.49, 70.5 subdivision 4, is amended to read: 70.6 Subd. 4. [REGISTRATION; FEES.] (a) The owner or operator 70.7 of a drycleaning facility shall register on or before July 1 of 70.8 each year with the commissioner of revenue in a manner 70.9 prescribed by the commissioner of revenue and pay a registration 70.10 fee for the facility. The amount of the fee is: 70.11 (1) $500, for facilities with a full-time equivalence of 70.12 fewer than five; 70.13 (2) $1,000, for facilities with a full-time equivalence of 70.14 five to ten; and 70.15 (3) $1,500, for facilities with a full-time equivalence of 70.16 more than ten. 70.17 (b) A person who sells drycleaning solvents for use by 70.18 drycleaning facilities in the state shall collect and remit to 70.19 the commissioner of revenue in a manner prescribed by the 70.20 commissioner of revenue, on or before the 20th day of the month 70.21 following the month in which the sales of drycleaning solvents 70.22 are made, a fee of: 70.23 (1) $3.50 for each gallon of perchloroethylene sold for use 70.24 by drycleaning facilities in the state; and 70.25 (2) 70 cents for each gallon of hydrocarbon-based 70.26 drycleaning solvent sold for use by drycleaning facilities in 70.27 the state. 70.28 (c)The commissioner shall, after a public hearing but70.29notwithstanding section 16A.1285, subdivision 4, annually adjust70.30the fees in this subdivision as necessary to maintain annual70.31income of at least:70.32(1) $600,000 beginning July 1, 1997;70.33(2) $700,000 beginning July 1, 1998; and70.34(3) $800,000 beginning July 1, 1999.70.35Any adjustment under this paragraph must be prorated among all70.36the fees in this subdivision. After adjustment under this71.1paragraph, the fees in this subdivision must not be greater than71.2two times their original amount. The commissioner shall notify71.3the commissioner of revenue of an adjustment under this71.4paragraph no later than March 1 of the year in which the71.5adjustment is to become effective. The adjustment is effective71.6for sales of drycleaning solvents made, and annual registration71.7fees due, beginning on July 1 of the same year.71.8(d)To enforce this subdivision, the commissioner of 71.9 revenue may examine documents, assess and collect fees, conduct 71.10 investigations, issue subpoenas, grant extensions to file 71.11 returns and pay fees, impose penalties and interest on the 71.12 annual registration fee under paragraph (a) and the monthly fee 71.13 under paragraph (b), abate penalties and interest, and 71.14 administer appeals, in the manner provided in chapters 270 and 71.15 289A. The penalties and interest imposed on taxes under chapter 71.16 297A apply to the fees imposed under this subdivision. 71.17 Disclosure of data collected by the commissioner of revenue 71.18 under this subdivision is governed by chapter 270B. 71.19 Sec. 16. Minnesota Statutes 1998, section 115B.491, 71.20 subdivision 2, is amended to read: 71.21 Subd. 2. [RETURN REQUIRED.] On or before the 20th of each 71.22 calendar month, every drycleaning facility that has purchased 71.23 drycleaning solvents for use in this state during the preceding 71.24 calendar month, upon which the fee imposed by section 115B.49, 71.25 subdivision 4, paragraph (b), has not been paid to the seller of 71.26 the drycleaning solvents, shall file a return with the 71.27 commissioner of revenue showing the quantity of solvents 71.28 purchased and a computation of the fee under section 115B.49, 71.29 subdivision 4, paragraph(d)(c). The fee must accompany the 71.30 return. The return must be made upon a form furnished and 71.31 prescribed by the commissioner of revenue and must contain such 71.32 other information as the commissioner of revenue may require. 71.33 Sec. 17. Minnesota Statutes 1998, section 115B.491, 71.34 subdivision 3, is amended to read: 71.35 Subd. 3. [APPLICABILITY.] All of the provisions of section 71.36 115B.49, subdivision 4, paragraph(d)(c), apply to this section. 72.1 Sec. 18. Minnesota Statutes 1998, section 116.07, 72.2 subdivision 4d, is amended to read: 72.3 Subd. 4d. [PERMIT FEES.] (a) The agency may collect permit 72.4 fees in amounts not greater than those necessary to cover the 72.5 reasonable costs of reviewing and acting upon applications for 72.6 agency permits and implementing and enforcing the conditions of 72.7 the permits pursuant to agency rules. Permit fees shall not 72.8 include the costs of litigation.The agency shall adopt rules72.9under section 16A.1285 establishing a system for charging permit72.10fees collected under this subdivision.The fee schedule must 72.11 reflect reasonable and routine permitting, implementation, and 72.12 enforcement costs. The agency may impose an additional 72.13 enforcement fee to be collected for a period of up to two years 72.14 to cover the reasonable costs of implementing and enforcing the 72.15 conditions of a permit under the rules of the agency. Any money 72.16 collected under this paragraph shall be deposited in the 72.17 environmental fund. 72.18 (b) Notwithstanding paragraph (a), and section 16A.1285, 72.19 subdivision 2, the agency shall collect an annual fee from the 72.20 owner or operator of all stationary sources, emission 72.21 facilities, emissions units, air contaminant treatment 72.22 facilities, treatment facilities, potential air contaminant 72.23 storage facilities, or storage facilities subject to the 72.24 requirement to obtain a permit under subchapter V of the federal 72.25 Clean Air Act, United States Code, title 42, section 7401 et 72.26 seq., or section 116.081. The annual fee shall be used to pay 72.27 for all direct and indirect reasonable costs, including attorney 72.28 general costs, required to develop and administer the permit 72.29 program requirements of subchapter V of the federal Clean Air 72.30 Act, United States Code, title 42, section 7401 et seq., and 72.31 sections of this chapter and the rules adopted under this 72.32 chapter related to air contamination and noise. Those costs 72.33 include the reasonable costs of reviewing and acting upon an 72.34 application for a permit; implementing and enforcing statutes, 72.35 rules, and the terms and conditions of a permit; emissions, 72.36 ambient, and deposition monitoring; preparing generally 73.1 applicable regulations; responding to federal guidance; 73.2 modeling, analyses, and demonstrations; preparing inventories 73.3 and tracking emissions; and providing information to the public 73.4 about these activities. 73.5 (c) The agency shalladopt fee rules in accordance with the73.6procedures in section 16A.1285, subdivision 5,set fees that: 73.7 (1) will result in the collection, in the aggregate, from 73.8 the sources listed in paragraph (b), of an amount not less than 73.9 $25 per ton of each volatile organic compound; pollutant 73.10 regulated under United States Code, title 42, section 7411 or 73.11 7412 (section 111 or 112 of the federal Clean Air Act); and each 73.12 pollutant, except carbon monoxide, for which a national primary 73.13 ambient air quality standard has been promulgated; 73.14 (2) may result in the collection, in the aggregate, from 73.15 the sources listed in paragraph (b), of an amount not less than 73.16 $25 per ton of each pollutant not listed in clause (1) that is 73.17 regulated under this chapter or air quality rules adopted under 73.18 this chapter; and 73.19 (3) shall collect, in the aggregate, from the sources 73.20 listed in paragraph (b), the amount needed to match grant funds 73.21 received by the state under United States Code, title 42, 73.22 section 7405 (section 105 of the federal Clean Air Act). 73.23 The agency must not include in the calculation of the aggregate 73.24 amount to be collected under clauses (1) and (2) any amount in 73.25 excess of 4,000 tons per year of each air pollutant from a 73.26 source. The increase in air permit fees to match federal grant 73.27 funds shall be a surcharge on existing fees. The commissioner 73.28 may not collect the surcharge after the grant funds become 73.29 unavailable. In addition, the commissioner shall use nonfee 73.30 funds to the extent practical to match the grant funds so that 73.31 the fee surcharge is minimized. 73.32 (d) To cover the reasonable costs described in paragraph 73.33 (b), the agency shall provide in the rules promulgated under 73.34 paragraph (c) for an increase in the fee collected in each year 73.35 by the percentage, if any, by which the Consumer Price Index for 73.36 the most recent calendar year ending before the beginning of the 74.1 year the fee is collected exceeds the Consumer Price Index for 74.2 the calendar year 1989. For purposes of this paragraph the 74.3 Consumer Price Index for any calendar year is the average of the 74.4 Consumer Price Index for all-urban consumers published by the 74.5 United States Department of Labor, as of the close of the 74.6 12-month period ending on August 31 of each calendar year. The 74.7 revision of the Consumer Price Index that is most consistent 74.8 with the Consumer Price Index for calendar year 1989 shall be 74.9 used. 74.10 (e) Any money collected under paragraphs (b) to (d) must be 74.11 deposited in an air quality account in the environmental fund 74.12 and must be used solely for the activities listed in paragraph 74.13 (b). 74.14 (f) Persons who wish to construct or expand an air emission 74.15 facility may offer to reimburse the agency for the costs of 74.16 staff overtime or consultant services needed to expedite permit 74.17 review. The reimbursement shall be in addition to fees imposed 74.18 by paragraphs (a) to (d). When the agency determines that it 74.19 needs additional resources to review the permit application in 74.20 an expedited manner, and that expediting the review would not 74.21 disrupt air permitting program priorities, the agency may accept 74.22 the reimbursement. Reimbursements accepted by the agency are 74.23 appropriated to the agency for the purpose of reviewing the 74.24 permit application. Reimbursement by a permit applicant shall 74.25 precede and not be contingent upon issuance of a permit and 74.26 shall not affect the agency's decision on whether to issue or 74.27 deny a permit, what conditions are included in a permit, or the 74.28 application of state and federal statutes and rules governing 74.29 permit determinations. 74.30 Sec. 19. Minnesota Statutes 1998, section 116.12, is 74.31 amended to read: 74.32 116.12 [HAZARDOUS WASTE ADMINISTRATION FEES.] 74.33 Subdivision 1. [FEE SCHEDULES.] The agency shall establish 74.34 the fees provided in subdivisions 2 and 3in the manner provided74.35in section 16A.1285to cover expenditures of amounts 74.36 appropriated from the environmental fund to the agency for 75.1 permitting, monitoring, inspection, and enforcement expenses of 75.2 the hazardous waste activities of the agency. 75.3 Subd. 2. [HAZARDOUS WASTE GENERATOR FEE.] (a) Each 75.4 generator of hazardous waste shall pay a fee on the hazardous 75.5 waste generated by that generator.The agency shall adopt rules75.6in accordance with chapter 14 establishing a system for charging75.7fees to generators. The rules must include the basis for75.8determining the amount of fees, and procedures and deadlines for75.9payment of fees.The agency shall base the amount of fees on 75.10 the quantity of hazardous waste generated and may charge a 75.11 minimum fee for each generator not exempted by the agency. In 75.12 adopting the fee rules, the agency shall consider: 75.13 (1) reducing the fees for generators using environmentally 75.14 beneficial hazardous waste management methods, including 75.15 recycling; 75.16 (2) the agency resources allocated to regulating the 75.17 various sizes or types of generators; 75.18 (3) adjusting fees for sizes or types of generators that 75.19 would bear a disproportionate share of the fees to be collected; 75.20 and 75.21 (4) whether implementing clauses (1) to (3) would require 75.22 excessive staff time compared to staff time available for 75.23 providing technical assistance to generators or would make the 75.24 fee system difficult for generators to understand. 75.25 (b) The agency may exempt generators of very small 75.26 quantities of hazardous wastes otherwise subject to the fee if 75.27 it finds that the cost of administering a fee on those 75.28 generators is excessive relative to the proceeds of the fee. 75.29 (c) The agency shall reduce fees charged to generators in 75.30 counties which also charge generator fees to reflect a lesser 75.31 level of activity by the agency in those counties. The fees 75.32 charged by the agency in those counties shall be collected by 75.33 the counties in the manner in which and at the same time as 75.34 those counties collect their generator fees. Counties shall 75.35 remit to the agency the amount of the fees charged by the agency 75.36 by the last day of the month following the month in which they 76.1 were collected. If a county does not collect or remit generator 76.2 fees due to the agency, the agency may collect fees from 76.3 generators in that county according to rules adopted under 76.4 paragraph (a). 76.5 (d) The agency may not impose a volume-based fee under this 76.6 subdivision on material that is reused at the facility where the 76.7 material is generated in a manner that the facility owner or 76.8 operator can demonstrate does not increase the toxicity of, or 76.9 the level of hazardous substances or pollutants or contaminants 76.10 in, products that leave the facility. The agency may impose a 76.11 flat annual fee on a facility that generates the type of 76.12 material described in the preceding sentence, provided that the 76.13 fee reflects the reasonable and necessary costs of inspections 76.14 of the facility. 76.15 Subd. 3. [FACILITY FEES.] The agency shall charge 76.16 hazardous waste facility fees including, but not limited to, an 76.17 original permit fee, a reissuance fee, a major modification fee, 76.18 and an annual facility fee for any hazardous waste facility 76.19 regulated by the agency.The agency shall adopt rules in76.20accordance with chapter 14 establishing a system for charging76.21hazardous waste facility fees.The agency may exempt facilities 76.22 otherwise subject to the fee if regulatory oversight of those 76.23 facilities is minimal. The agency may include reasonable and 76.24 necessary costs of any environmental review required under 76.25 chapter 116D in the original permit fee for any hazardous waste 76.26 facility. 76.27 Sec. 20. Minnesota Statutes 1998, section 116C.834, 76.28 subdivision 1, is amended to read: 76.29 Subdivision 1. [COSTS.] All costs incurred by the state to 76.30 carry out its responsibilities under the compact and under 76.31 sections 116C.833 to 116C.843 shall be paid by generators of 76.32 low-level radioactive waste in this state through fees assessed 76.33 by the pollution control agency.The agency shall assess the76.34fees in the manner provided in section 16A.1285.Fees may be 76.35 reasonably assessed on the basis of volume or degree of hazard 76.36 of the waste produced by a generator. Costs for which fees may 77.1 be assessed include, but are not limited to: 77.2 (1) the state contribution required to join the compact; 77.3 (2) the expenses of the Commission member and state agency 77.4 costs incurred to support the work of the Interstate Commission; 77.5 and 77.6 (3) regulatory costs. 77.7 Sec. 21. Minnesota Statutes 1998, section 144.98, 77.8 subdivision 3, is amended to read: 77.9 Subd. 3. [FEES.] (a) An application for certification 77.10 under subdivision 1 must be accompanied by the biennial fee 77.11 specified in this subdivision. The fees are for: 77.12 (1) base certification fee, $500; and 77.13 (2) test category certification fees: 77.14 Test Category Certification Fee 77.15 Bacteriology $200 77.16 Inorganic chemistry, fewer than four constituents $100 77.17 Inorganic chemistry, four or more constituents $300 77.18 Chemistry metals, fewer than four constituents $200 77.19 Chemistry metals, four or more constituents $500 77.20 Volatile organic compounds $600 77.21 Other organic compounds $600 77.22 (b) The total biennial certification fee is the base fee 77.23 plus the applicable test category fees. The biennial 77.24 certification fee for a contract laboratory is 1.5 times the 77.25 total certification fee. 77.26 (c) Laboratories located outside of this state that require 77.27 an on-site survey will be assessed an additional $1,200 fee. 77.28 (d)The commissioner of health may adjust fees under77.29section 16A.1285 without rulemaking.Fees must be set so that 77.30 the total fees support the laboratory certification program. 77.31 Direct costs of the certification service include program 77.32 administration, inspections, the agency's general support costs, 77.33 and attorney general costs attributable to the fee function. 77.34 Sec. 22. Minnesota Statutes 1998, section 176.102, 77.35 subdivision 14, is amended to read: 77.36 Subd. 14. [FEES.] The commissioner shall impose feesunder78.1section 16A.1285sufficient to cover the cost of approving and 78.2 monitoring qualified rehabilitation consultants, consultant 78.3 firms, and vendors of rehabilitation services. These fees are 78.4 payable to the special compensation fund. 78.5 Sec. 23. Minnesota Statutes 1998, section 183.375, 78.6 subdivision 5, is amended to read: 78.7 Subd. 5. [FEES.] All fees collected by the division of 78.8 boiler inspection shall be paid into the state treasury in the 78.9 manner provided by law for fees received by other state 78.10 departments and credited to the general fund.When fees are to78.11be set by the commissioner, they shall be set pursuant to78.12section 16A.1285.78.13 Sec. 24. Minnesota Statutes 1998, section 223.17, 78.14 subdivision 3, is amended to read: 78.15 Subd. 3. [GRAIN BUYERS AND STORAGE FUND; FEES.] The 78.16 commissioner shall set the fees for inspections under sections 78.17 223.15 to 223.22 at levels necessary to pay the expenses of 78.18 administering and enforcing sections 223.15 to 223.22.These78.19fees may be adjusted pursuant to the provisions of section78.2016A.1285.78.21 The fee for any license issued or renewed after June 30, 78.22 1997, shall be set according to the following schedule: 78.23 (a) $100 plus $50 for each additional location for grain 78.24 buyers whose gross annual purchases are less than $100,000; 78.25 (b) $200 plus $50 for each additional location for grain 78.26 buyers whose gross annual purchases are at least $100,000, but 78.27 not more than $750,000; 78.28 (c) $300 plus $100 for each additional location for grain 78.29 buyers whose gross annual purchases are more than $750,000 but 78.30 not more than $1,500,000; 78.31 (d) $400 plus $100 for each additional location for grain 78.32 buyers whose gross annual purchases are more than $1,500,000 but 78.33 not more than $3,000,000; and 78.34 (e) $500 plus $100 for each additional location for grain 78.35 buyers whose gross annual purchases are more than $3,000,000. 78.36 There is created in the state treasury the grain buyers and 79.1 storage fund. Money collected pursuant to sections 223.15 to 79.2 223.19 shall be paid into the state treasury and credited to the 79.3 grain buyers and storage fund and is appropriated to the 79.4 commissioner for the administration and enforcement of sections 79.5 223.15 to 223.22. 79.6 Sec. 25. Minnesota Statutes 1998, section 239.101, 79.7 subdivision 4, is amended to read: 79.8 Subd. 4. [SETTING WEIGHTS AND MEASURES FEES.] The 79.9 department shall review its schedule of inspection fees at the 79.10 end of each six months.When a review indicates that the79.11schedule of inspection fees should be adjusted, the commissioner79.12shall fix the fees by rule, in accordance with section 16A.1285,79.13to ensure that the fees charged are sufficient to recover all79.14costs connected with the inspections.79.15 Sec. 26. Minnesota Statutes 1998, section 299M.04, is 79.16 amended to read: 79.17 299M.04 [RULES; FEES; ORDERS; PENALTIES.] 79.18 The commissioner shall adopt permanent rules for operation 79.19 of the council; regulation by municipalities;permit, filing,79.20inspection, certificate, and license fees;qualifications, 79.21 examination, and licensing of fire protection contractors; 79.22 certification of journeyman sprinkler fitters; registration of 79.23 apprentices; and the administration and enforcement of this 79.24 chapter.Fees must be set under section 16A.1285.Permit fees 79.25 must be a percentage of the total cost of the fire protection 79.26 work. 79.27 The commissioner may issue a cease and desist order to 79.28 cease an activity considered an immediate risk to public health 79.29 or public safety. The commissioner shall adopt permanent rules 79.30 governing when an order may be issued; how long the order is 79.31 effective; notice requirements; and other procedures and 79.32 requirements necessary to implement, administer, and enforce the 79.33 provisions of this chapter. 79.34 The commissioner, in place of or in addition to licensing 79.35 sanctions allowed under this chapter, may impose a civil penalty 79.36 not greater than $1,000 for each violation of this chapter or 80.1 rule adopted under this chapter, for each day of violation. The 80.2 commissioner shall adopt permanent rules governing and 80.3 establishing procedures for implementation, administration, and 80.4 enforcement of this paragraph. 80.5 Sec. 27. Minnesota Statutes 1998, section 326.50, is 80.6 amended to read: 80.7 326.50 [APPLICATION; FEES.] 80.8 Application for an individual contracting pipefitter 80.9 competency or an individual journeyman pipefitter competency 80.10 license shall be made to the department of labor and industry, 80.11 with fees. The applicant shall be licensed only after passing 80.12 an examination by the department of labor and industry.Fees80.13and conditions for renewal of an individual contracting80.14pipefitter competency or an individual journeyman pipefitter80.15competency license shall be determined by the department by rule80.16under chapter 14 and section 16A.1285.80.17 Sec. 28. Minnesota Statutes 1998, section 326.86, 80.18 subdivision 1, is amended to read: 80.19 Subdivision 1. [LICENSING FEE.] The licensing fee for 80.20 persons licensed pursuant to sections 326.83 to 326.991 is $75 80.21 per year.The commissioner may adjust the fees under section80.2216A.1285 to recover the costs of administration and80.23enforcement.The fees must be limited to the cost of license 80.24 administration and enforcement and must be deposited in the 80.25 state treasury and credited to the general fund. 80.26 Sec. 29. [EFFECTIVE DATE.] 80.27 This article is effective July 1, 2001.