Minnesota Legislature
SF 2360
1st Unofficial Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to state government; appropriating money for 1.3 the general legislative and administrative expenses of 1.4 state government; modifying provisions relating to 1.5 state and local government operations; modifying 1.6 election, retirement, and pension provisions; amending 1.7 Minnesota Statutes 2000, sections 3.012; 3.3005, 1.8 subdivisions 2, 3, 3a, 4, 5, by adding subdivisions; 1.9 3.305, by adding subdivisions; 3.85, subdivision 3; 1.10 3.855, subdivision 3; 3.97, subdivision 3a; 3.979, by 1.11 adding a subdivision; 3.98, subdivision 2; 3A.03, 1.12 subdivision 2; 4A.05, subdivision 1; 4A.07, 1.13 subdivisions 1, 2, 4, 5; 4A.08; 4A.09; 4A.10; 6.48; 1.14 6.56, subdivision 2; 6.58; 7.09, subdivision 1; 1.15 10A.01, subdivision 21; 11A.075; 11A.18, subdivision 1.16 7; 13D.01, subdivision 1; 15.0575, subdivision 3, as 1.17 amended; 15.059, subdivisions 3, as amended; 5a; 1.18 15.50, subdivision 2, by adding a subdivision; 1.19 15A.0815, subdivision 1, by adding a subdivision; 1.20 16A.06, by adding a subdivision; 16A.10, by adding a 1.21 subdivision; 16A.11, subdivision 6; 16A.152, 1.22 subdivisions 4, 7; 16B.58, by adding a subdivision; 1.23 16B.60, subdivision 3, by adding subdivisions; 16B.61, 1.24 subdivision 1; 16B.65; 16B.70, subdivision 2; 16B.76, 1.25 subdivision 1; 16B.88, subdivision 1; 16C.03, 1.26 subdivision 3; 16C.25; 43A.04, by adding subdivisions; 1.27 43A.17, subdivision 9; 43A.24, subdivision 1; 43A.38, 1.28 subdivisions 1, 6, 7; 69.011, subdivision 1; 103C.311, 1.29 subdivision 1; 136F.07; 136F.40, subdivision 2; 1.30 138.35, by adding a subdivision; 138.39; 161.1419, 1.31 subdivision 8; 161.32, subdivision 1b; 179A.15; 1.32 190.06, subdivision 1; 190.07; 192.501, subdivision 2; 1.33 193.144, subdivision 6; 193.145, subdivision 4; 1.34 193.148; 197.75, subdivisions 1, 2; 201.016, 1.35 subdivision 1a; 201.022; 201.061, subdivision 3; 1.36 201.071, subdivisions 1, 3, by adding subdivisions; 1.37 201.091, subdivisions 1, 4, by adding a subdivision; 1.38 201.155; 202A.19, subdivision 1; 203B.04, subdivisions 1.39 1, 5; 203B.06, by adding a subdivision; 203B.07, 1.40 subdivision 1; 203B.11, by adding a subdivision; 1.41 203B.16, subdivision 1; 203B.17, subdivision 1; 1.42 204B.06, subdivision 1; 204B.07, subdivision 2; 1.43 204B.09, subdivisions 1, 3; 204B.20; 204B.22, 1.44 subdivisions 1, 3; 204B.23; 204B.27, by adding a 1.45 subdivision; 204B.28, subdivision 1; 204B.45, 1.46 subdivision 2; 204B.46; 204C.03, subdivision 1; 2.1 204C.04, subdivision 1; 204C.10; 204C.35; 204C.36, 2.2 subdivisions 1, 3; 204D.04, subdivision 2; 204D.09; 2.3 204D.11, subdivision 4; 204D.24, subdivision 2; 2.4 205.02, subdivision 1; 205.13, subdivision 1a; 205.17, 2.5 by adding a subdivision; 205.185, subdivisions 2, 3; 2.6 205A.02; 205A.11, subdivision 2; 206.81; 208.06; 2.7 208.08; 209.065; 211A.02, subdivisions 1, 4; 211B.16, 2.8 subdivision 1; 214.09, subdivision 3, as amended; 2.9 240A.08; 317A.123, subdivision 1; 317A.827, 2.10 subdivision 2; 352.01, subdivisions 2a, 2b, 11; 2.11 352.113, subdivisions 4, 6; 352.22, subdivision 8; 2.12 352.87, subdivisions 4, 5; 352.95, subdivisions 4, 5, 2.13 7; 352B.01, subdivisions 2, 3, 11; 352B.10, 2.14 subdivision 3; 352B.101; 353.01, subdivisions 1, 2, 2.15 2a, 2b, 6, 7, 11b, 12, 12a, 16, by adding 2.16 subdivisions; 353.03, subdivision 1; 353.27, 2.17 subdivisions 2, 3, 4, 11; 353.86, subdivision 1; 2.18 354.05, subdivision 2; 354.41, subdivision 4; 354.52, 2.19 subdivision 4; 354.534, subdivision 1; 354.536, 2.20 subdivision 1; 354.539; 354A.011, subdivision 24; 2.21 354A.098, subdivision 1; 354A.101, subdivision 1; 2.22 354A.106; 354A.12, subdivision 5; 354A.31, subdivision 2.23 3; 354A.35, subdivision 4; 356.215, subdivision 4g; 2.24 356.55, subdivision 7; 356A.06, subdivision 5; 2.25 356A.08, subdivision 1; 358.10; 367.03, subdivision 6; 2.26 394.232, subdivisions 1, 2, 3, 4, 5, 7, by adding a 2.27 subdivision; 403.11, subdivision 1; 422A.155; 423B.01, 2.28 by adding a subdivision; 423B.05, by adding 2.29 subdivisions; 424A.04, by adding a subdivision; 2.30 462.351; 462.352, subdivisions 5, 6; 462.3535, 2.31 subdivisions 1, 2, 3, 4, 10; 473.13, by adding a 2.32 subdivision; 473.1455; 490.121, subdivision 4; 517.08, 2.33 subdivisions 1b, 1c; 645.44, by adding a subdivision; 2.34 Laws 1998, chapter 366, section 80; Laws 1998, chapter 2.35 404, section 23, subdivision 6; Laws 1999, chapter 2.36 250, article 1, section 115; Laws 1999, chapter 250, 2.37 article 1, section 116; proposing coding for new law 2.38 in Minnesota Statutes, chapters 3; 4A; 5; 6; 13; 16A; 2.39 16B; 16C; 16E; 43A; 200; 201; 204B; 206; 240A; 352F; 2.40 353F; 354; 354A; 354B; 356; 383D; 424A; 473; proposing 2.41 coding for new law as Minnesota Statutes, chapter 2.42 116T; repealing Minnesota Statutes 2000, sections 2.43 3.9222; 4A.07, subdivision 3; 8.31, subdivision 2c; 2.44 13.202, subdivision 8; 13.606, subdivision 2; 16A.67; 2.45 16A.6701; 16B.37; 16B.58, subdivision 7; 43A.18, 2.46 subdivision 5; 129D.06; 204B.06, subdivision 1a; 2.47 204C.15, subdivision 2a; 246.18, subdivision 7; 2.48 354.41, subdivision 9; 354A.026; 394.232; 462.352, 2.49 subdivision 18; 462.3535, subdivisions 5, 6, 7, 8, 9; 2.50 465.795; 465.796; 465.797; 465.7971; 465.798; 465.799; 2.51 465.801; 465.802; 465.803; 465.83; 465.87; 465.88; 2.52 473.1455; 572A.01; 572A.03, subdivision 2; Minnesota 2.53 Rules, part 8250.1400. 2.54 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.55 ARTICLE 1 2.56 APPROPRIATIONS 2.57 Section 1. [STATE GOVERNMENT APPROPRIATIONS.] 2.58 The sums shown in the columns marked "APPROPRIATIONS" are 2.59 appropriated from the general fund, or another fund named, to 2.60 the agencies and for the purposes specified in this act, to be 2.61 available for the fiscal years indicated for each purpose. The 2.62 figures "2002" and "2003," where used in this act, mean that the 3.1 appropriation or appropriations listed under them are available 3.2 for the year ending June 30, 2002, or June 30, 2003, 3.3 respectively. 3.4 APPROPRIATIONS 3.5 Available for the Year 3.6 Ending June 30 3.7 2002 2003 3.8 Sec. 2. LEGISLATURE 3.9 Subdivision 1. Total 3.10 Appropriation 57,938,000 60,602,000 3.11 Summary by Fund 3.12 General 57,788,000 60,452,000 3.13 Health Care Access 150,000 150,000 3.14 The amounts that may be spent from this 3.15 appropriation for each program are 3.16 specified in the following subdivisions. 3.17 Subd. 2. Senate 3.18 14,102,000 14,102,000 3.19 Subd. 3. House of Representatives 3.20 26,843,000 29,497,000 3.21 Of amounts previously appropriated to 3.22 the house and carried forward into the 3.23 biennium beginning July 1, 2001, 3.24 $1,000,000 is canceled to the general 3.25 fund. 3.26 Subd. 4. Legislative 3.27 Coordinating Commission 3.28 Summary by Fund 3.29 General 14,343,000 14,353,000 3.30 Health Care Access 150,000 150,000 3.31 Effective January 1, 2002, the house of 3.32 representatives public information 3.33 office and the senate publications 3.34 office are combined, under the 3.35 jurisdiction of the legislative 3.36 coordinating commission. 3.37 Effective January 1, 2002, the house of 3.38 representatives television services 3.39 office and the senate media services 3.40 offices are combined, under the 3.41 jurisdiction of the legislative 3.42 coordinating commission. 3.43 During the interim between the 2001 and 3.44 2002 legislative sessions, legislative 3.45 appointing authorities may work with 3.46 the department of employee relations to 3.47 place legislative staff on temporary 3.48 assignments in state agencies. The 3.49 legislature is responsible for salary 3.50 and benefits of employees who choose 4.1 these temporary assignments. Work 4.2 assignments and hours must be 4.3 negotiated by legislative appointing 4.4 authorities and the state agencies 4.5 getting interim use of legislative 4.6 staff. Refusal of a commissioner to 4.7 find a suitable work assignment for 4.8 interested and qualified legislative 4.9 staff must be reported to the budget 4.10 committee chairs of the house and 4.11 senate that have jurisdiction over that 4.12 agency's budget. 4.13 Sec. 3. GOVERNOR AND 4.14 LIEUTENANT GOVERNOR 4,508,000 4,519,000 4.15 $19,000 the first year and $19,000 the 4.16 second year are for necessary expenses 4.17 in the normal performance of the 4.18 governor's and lieutenant governor's 4.19 duties for which no other reimbursement 4.20 is provided. 4.21 By September 1 each year, the 4.22 commissioner of finance shall report to 4.23 the chairs of the senate governmental 4.24 operations budget division and the 4.25 house state government finance division 4.26 any personnel costs incurred by the 4.27 office of the governor and lieutenant 4.28 governor that were supported by 4.29 appropriations to other agencies during 4.30 the previous fiscal year. The office 4.31 of the governor shall inform the chairs 4.32 of the divisions before initiating any 4.33 interagency agreements. 4.34 Sec. 4. STATE AUDITOR 9,777,000 -0- 4.35 Sec. 5. STATE TREASURER 2,328,000 2,284,000 4.36 Sec. 6. ATTORNEY GENERAL 28,680,000 29,368,000 4.37 Summary by Fund 4.38 General 26,227,000 26,863,000 4.39 State Government 4.40 Special Revenue 1,834,000 1,876,000 4.41 Environmental 142,000 145,000 4.42 Solid Waste 477,000 484,000 4.43 Sec. 7. SECRETARY OF STATE 9,578,000 821,000 4.44 $2,000,000 the first year is for 4.45 transfer to the voting equipment grant 4.46 account established in Minnesota 4.47 Statutes, section 204B.48. 4.48 Sec. 8. CAMPAIGN FINANCE AND 4.49 PUBLIC DISCLOSURE BOARD 658,000 671,000 4.50 For 2001 - $35,000 4.51 $35,000 is appropriated in fiscal year 4.52 2001 and is effective immediately. 4.53 Sec. 9. INVESTMENT BOARD 2,376,000 2,376,000 5.1 Sec. 10. ADMINISTRATIVE HEARINGS 6,966,000 7,169,000 5.2 This appropriation is from the workers' 5.3 compensation fund. 5.4 Sec. 11. OFFICE OF STRATEGIC 5.5 AND LONG-RANGE PLANNING 4,693,000 4,378,000 5.6 The base budget for the critical issues 5.7 activity is reduced by $810,000 each 5.8 year. 5.9 $250,000 each year is for one-time 5.10 grants of $50,000 each to regional 5.11 development commissions or, in regions 5.12 not served by regional development 5.13 commissions, to regional organizations 5.14 selected by the director, to support 5.15 planning work on behalf of local units 5.16 of government. The planning work must 5.17 take into consideration any impacts on 5.18 private property rights and must 5.19 include at least one of the following: 5.20 (1) development of local zoning 5.21 ordinances; (2) land use plans; (3) 5.22 community or economic development 5.23 plans; (4) transportation and transit 5.24 plans; (5) solid waste management 5.25 plans; (6) wastewater management plans; 5.26 (7) workforce development plans; (8) 5.27 housing development plans and market 5.28 analyses; (9) rural health service and 5.29 senior nutrition plans; (10) natural 5.30 resources management plans; or (11) 5.31 development of a geographical 5.32 information systems database to serve a 5.33 region's needs, including hardware and 5.34 software purchases and related labor 5.35 costs. State grant funds must be 5.36 matched on a dollar-for-dollar basis by 5.37 nonstate funds. Copies of all planning 5.38 documents developed as a result of the 5.39 grants must be compiled by the office 5.40 of strategic and long-range planning 5.41 and made available for public 5.42 inspection. Local planning work 5.43 supported by this appropriation must 5.44 adhere to the goals of sustainable land 5.45 use planning under Minnesota Statutes, 5.46 section 4A.08. 5.47 $25,000 the first year is for 5.48 preparation of urban river development 5.49 guidelines under article 2, section 130. 5.50 $100,000 the first year is for a grant 5.51 to support subregional comprehensive 5.52 planning by the N.M. I-35W Corridor 5.53 Coalition. The appropriation is 5.54 available until June 30, 2003. The 5.55 subregional work must include the 5.56 following components leading to a 5.57 coordinated subregional comprehensive 5.58 plan submission to the metropolitan 5.59 council in 2003: (1) coordinated land 5.60 use plans; (2) coordinated economic 5.61 development and redevelopment 5.62 strategies focused on redefining 5.63 metropolitan competitiveness with 5.64 linkage to creating local job 5.65 opportunities and integrated housing, 6.1 transportation, and transit systems; 6.2 (3) coordinated transportation and 6.3 transit plans; (4) coordinated 6.4 workforce development plans; (5) 6.5 coordinated subregional housing 6.6 development plans and market analyses 6.7 ensuring healthy neighborhoods and 6.8 increased choice in lifecycle housing; 6.9 (6) coordinated natural resources 6.10 management plans; (7) expanded GIS 6.11 database management system focused on 6.12 improving subregional decision making 6.13 through access to better data and tools 6.14 for analysis as well as being 6.15 exportable to other regional and 6.16 subregional collaborative efforts; and 6.17 (8) establishment of a coalition 6.18 institute structured to utilize livable 6.19 community principles to address issues 6.20 of growth and infill, to support 6.21 standards for quality development, and 6.22 to create direct benefit for learning 6.23 experience and sharing with other 6.24 regional and subregional organizations 6.25 and agencies. State grant funds must 6.26 be matched on a dollar-for-dollar basis 6.27 from nonstate funds. Local planning 6.28 work supported by this appropriation 6.29 must adhere to the goals of sustainable 6.30 land use planning under Minnesota 6.31 Statutes, section 4A.08. 6.32 The director must submit a plan to the 6.33 legislature by January 30, 2002, for 6.34 creation of a competition council. The 6.35 competition council would make 6.36 recommendations to the executive and 6.37 legislative branches on opportunities, 6.38 strategies, and best practices for 6.39 competitive delivery of services or 6.40 goods currently delivered by 6.41 government. The plan for creation of a 6.42 council must include the authority of 6.43 the commission, its mission and 6.44 objectives, and a proposed structure. 6.45 $200,000 the first year is for a grant 6.46 to the Northern Counties Land Use 6.47 Coordinating Board to initiate a pilot 6.48 project to promote cooperative efforts 6.49 among county, state, federal, and local 6.50 units of government regarding land use 6.51 management issues. The board shall 6.52 also solicit cooperation with Canadian 6.53 officials who represent areas 6.54 contiguous to the region and with local 6.55 organizations representing 6.56 recreational, agricultural, mining, 6.57 forestry, and tourism interests. The 6.58 objectives of the pilot project are to 6.59 document instances of incompatible or 6.60 conflicting land use policies and 6.61 regulations and to identify and promote 6.62 a means of resolving such differences 6.63 that may provide a national model for 6.64 management through intergovernmental 6.65 cooperation. The board must report to 6.66 the legislature by January 15, 2003, on 6.67 the results of the pilot project. 6.68 State grant funds must be matched on a 6.69 dollar-for-dollar basis by nonstate 7.1 funds. Local planning work supported 7.2 by this appropriation must adhere to 7.3 the goals of sustainable land use 7.4 planning under Minnesota Statutes, 7.5 section 4A.08. 7.6 $200,000 each year is for the director 7.7 to study matters relating to the 7.8 economic status of women in Minnesota, 7.9 including: (1) economic security of 7.10 homemakers and women in the labor 7.11 force; (2) opportunities for education 7.12 and vocational training; (3) employment 7.13 opportunities; (4) the contributions of 7.14 women to the economy; (5) women's 7.15 access to benefits and services 7.16 provided to citizens of the state; (6) 7.17 laws and business practices 7.18 constituting barriers to the full 7.19 participation by women in the economy; 7.20 and (7) adequacy of programs and 7.21 services relating to families in 7.22 Minnesota, including single-parent 7.23 families and members beyond the nuclear 7.24 or immediate family. The director may 7.25 appoint an advisory group to advise the 7.26 director on these matters. Employees 7.27 of the legislative commission on the 7.28 economic status of women are 7.29 transferred to the office of strategic 7.30 and long-range planning. 7.31 Sec. 12. ADMINISTRATION 7.32 Subdivision 1. Total 7.33 Appropriation 78,808,000 47,786,000 7.34 Summary by Fund 7.35 General 36,762,000 28,022,000 7.36 Special Revenue 42,046,000 19,764,000 7.37 The amounts that may be spent from this 7.38 appropriation for each program are 7.39 specified in the following subdivisions. 7.40 Subd. 2. Operations Management 7.41 3,683,000 3,694,000 7.42 Subd. 3. Intertechnologies Group 7.43 Summary by Fund 7.44 General 859,000 859,000 7.45 Special Revenue 20,327,000 19,764,000 7.46 For 2001 $3,988,000 7.47 The appropriation from the special 7.48 revenue fund is for recurring costs of 7.49 911 emergency telephone service. 7.50 Subd. 4. Facilities Management 7.51 15,577,000 16,009,000 7.52 The balance in the state building code 7.53 account in the state government special 8.1 revenue fund as of July 1, 2001, is 8.2 canceled to the general fund. 8.3 The senate must transfer control of the 8.4 G2 office suite in the capitol to the 8.5 governor's office. The department of 8.6 administration must transfer control of 8.7 the B46 office suite to the senate. 8.8 Eighty covered spaces and 105 roof 8.9 spaces in the State Office Building 8.10 parking ramp must be assigned to house 8.11 of representatives staff. To make the 8.12 required assignment of spaces to house 8.13 staff, the number of spaces assigned to 8.14 staff from other entities must be 8.15 reduced proportionately. However, no 8.16 spaces in the ramp may be taken from 8.17 elected officials. 8.18 In lieu of receiving the rent 8.19 deficiency for ceremonial space, the 8.20 department of administration must 8.21 locate the State Bookstore in room 230 8.22 of the capitol. 8.23 Subd. 5. Management Services 8.24 4,057,000 3,868,000 8.25 Subd. 6. Fiscal Agent 8.26 2,000 2,000 8.27 This appropriation is for the state 8.28 band. 8.29 Subd. 7. Public Broadcasting 8.30 Summary by Fund 8.31 General 848,000 848,000 8.32 Special Revenue 20,860,000 -0- 8.33 $441,000 the first year and $441,000 8.34 the second year are for grants and for 8.35 contracts with the senate and house of 8.36 representatives for public information 8.37 television, Internet, Intranet, and 8.38 other transmission of legislative 8.39 activities. At least one-half must go 8.40 for programming to be broadcast and 8.41 transmitted to rural Minnesota. 8.42 $20,860,000 the first year is 8.43 appropriated from the contingency 8.44 account in the special revenue fund for 8.45 grants to noncommercial television 8.46 stations to assist with conversion to a 8.47 digital broadcast signal as mandated by 8.48 the federal government. In order to 8.49 qualify for these grants, a station 8.50 must meet the criteria established for 8.51 grants in Minnesota Statutes, section 8.52 129D.12, subdivision 2. To avoid 8.53 duplication, a station using money from 8.54 this appropriation to construct a tower 8.55 must consult with public radio stations 8.56 in its area to determine if they have a 8.57 similar need. If a public radio 9.1 station has a similar need, a cost 9.2 benefit analysis must be completed to 9.3 determine if it is more economically 9.4 feasible to jointly construct the new 9.5 tower. All parties must share in the 9.6 cost of construction and maintenance of 9.7 the tower. 9.8 $407,000 the first year and $407,000 9.9 the second year are for grants to 9.10 public educational radio stations, 9.11 which must be allocated after 9.12 considering the recommendations of the 9.13 Association of Minnesota Public 9.14 Educational Radio Stations under 9.15 Minnesota Statutes, section 129D.14. 9.16 Subd. 8. Office of Technology 9.17 11,736,000 2,742,000 9.18 (a) The commissioner of administration 9.19 must contract with an entity outside of 9.20 state government to prepare a 9.21 supplemental evaluation, risk 9.22 assessment, and risk mitigation plan 9.23 for the CriMNet system. The entity 9.24 performing this work must not have any 9.25 other direct or indirect financial 9.26 interest in the project. 9.27 (b) Before January 1, 2002, each 9.28 recipient of an appropriation for the 9.29 CriMNet system must, in consultation 9.30 with the commissioner of 9.31 administration, submit to the entity 9.32 selected under paragraph (a): 9.33 (1) a list of objectives the entity 9.34 expects to achieve with the money 9.35 appropriated to it; and 9.36 (2) a list of performance measures that 9.37 can be used to determine the extent to 9.38 which these objectives are being met. 9.39 (c) The evaluation, risk assessment, 9.40 and risk mitigation plan must 9.41 separately consider each component of 9.42 the project, including: suspense 9.43 files, the integration backbone, the 9.44 Minnesota court information system, 9.45 photo imaging, livescan cardhandler, 9.46 predatory offender registration, CJDN 9.47 upgrade, statewide supervision, and 9.48 county planning and implementation 9.49 grants. For each component, the 9.50 evaluation may also consider: 9.51 (1) the likelihood that each entity 9.52 will achieve its objectives within the 9.53 limits of the money appropriated; and 9.54 (2) the appropriateness of the 9.55 performance measures suggested by each 9.56 entity receiving an appropriation. 9.57 (d) Work on the evaluation, risk 9.58 assessment, and risk mitigation plan 9.59 must begin as soon as practicable but 9.60 no later than November 15, 2001. The 10.1 results of the evaluation, risk 10.2 assessment, and risk mitigation plan 10.3 must be reported to the legislature, 10.4 the commissioner of administration, and 10.5 the chief justice of the supreme court 10.6 by March 15, 2002. The final report 10.7 must include recommendations on changes 10.8 or improvements needed for each 10.9 component of the program and whether or 10.10 not a component should proceed. A 10.11 recommendation not to proceed with a 10.12 component of the project is only 10.13 advisory. Decisions regarding 10.14 proceeding with project components will 10.15 be made by the commissioner of public 10.16 safety in consultation with the policy 10.17 group. 10.18 (e) During the biennium ending June 30, 10.19 2003, Minnesota Statutes, section 10.20 16E.0465 does not apply to the CriMNet 10.21 system. 10.22 The office must establish the state 10.23 information architecture under 10.24 Minnesota Statutes, section 16E.04, 10.25 subdivision 2, by March 1, 2002. 10.26 $9,000,000 is for deposit in the 10.27 technology enterprise fund. 10.28 The commissioner may spend up to 10.29 $5,400,000 of the fund for the income 10.30 tax re-engineering project in revenue, 10.31 up to $1,000,000 for the North Star 10.32 enterprise portal, up to $1,500,000 for 10.33 small agency infrastructure, up to 10.34 $300,000 for statewide information 10.35 technology architecture, and up to 10.36 $300,000 for an unemployment insurance 10.37 management project. 10.38 Sec. 13. EMPLOYEE RELATIONS 13,025,000 18,048,000 10.39 For 2001 - $2,000,000 10.40 $5,000,000 the first year and 10.41 $10,000,000 the second year are to pay 10.42 costs of compensation and economic 10.43 benefit increases provided to employees 10.44 in the executive branch. The 10.45 appropriation applies only to employees 10.46 funded from the general fund. The 10.47 commissioner of finance must transfer 10.48 to the covered agencies amounts 10.49 certified as necessary by the chief 10.50 financial officer of the agency. The 10.51 commissioner must make pro rata 10.52 distributions if the amount of this 10.53 appropriation is insufficient to pay 10.54 all costs. 10.55 $50,000 each year is for a grant to the 10.56 Government Training Service. 10.57 $2,000,000 in fiscal year 2001 is for 10.58 one-time funding to the department of 10.59 employee relations to be distributed 10.60 for back-pay liability costs associated 10.61 with compliance with the Fair Labor 10.62 Standards Act. 11.1 Sec. 14. CAPITOL AREA ARCHITECTURAL 11.2 AND PLANNING BOARD 283,000 284,000 11.3 During the biennium ending June 30, 11.4 2003, money received by the board from 11.5 public agencies, as provided by 11.6 Minnesota Statutes, section 15.50, 11.7 subdivision 3, is appropriated to the 11.8 board. 11.9 Any unencumbered money appropriated for 11.10 the Hubert H. Humphrey memorial under 11.11 Laws 1999, chapter 250, article 1, 11.12 section 13, is canceled. 11.13 Sec. 15. FINANCE 11.14 Subdivision 1. Total 11.15 Appropriation 17,942,000 17,961,000 11.16 The amounts that may be spent from this 11.17 appropriation for each program are 11.18 specified in the following subdivisions. 11.19 Subd. 2. State Financial Management 11.20 7,993,000 7,993,000 11.21 Subd. 3. Information and Management Services 11.22 9,949,000 9,968,000 11.23 Subd. 4. Technology Budget Book 11.24 The department shall prepare a separate 11.25 budget book for the biennium beginning 11.26 July 1, 2003, containing all of the 11.27 administration's technology 11.28 initiatives. The book shall also 11.29 include a complete inventory of 11.30 state-owned and leased technology, 11.31 along with a projected replacement 11.32 schedule. The inventory shall include 11.33 information on how the technology fits 11.34 into the state's master plan. The book 11.35 must be in the same format as other 11.36 biennial budget books. 11.37 Sec. 16. REVENUE 11.38 Subdivision 1. Total 11.39 Appropriation 90,687,000 90,387,000 11.40 Summary by Fund 11.41 General 86,458,000 86,076,000 11.42 Health Care Access 1,731,000 1,764,000 11.43 Highway User 11.44 Tax Distribution 2,191,000 2,237,000 11.45 Environmental 107,000 110,000 11.46 Solid Waste 200,000 200,000 11.47 The amounts that may be spent from this 11.48 appropriation for each program are 11.49 specified in the following subdivisions. 12.1 Subd. 2. Tax System Management 12.2 87,802,000 87,520,000 12.3 Summary by Fund 12.4 General 83,626,000 83,262,000 12.5 Health Care Access 1,678,000 1,711,000 12.6 Highway User 12.7 Tax Distribution 2,191,000 2,237,000 12.8 Environmental 107,000 110,000 12.9 Solid Waste 200,000 200,000 12.10 Subd. 3. Accounts Receivable Management 12.11 Summary by Fund 12.12 General 2,832,000 2,814,000 12.13 Health Care Access 53,000 53,000 12.14 Sec. 17. MILITARY AFFAIRS 12.15 Subdivision 1. Total 12.16 Appropriation 13,409,000 13,446,000 12.17 The amounts that may be spent from this 12.18 appropriation for each program are 12.19 specified in the following subdivisions. 12.20 In fiscal year 2001, $186,000 in 12.21 general funds is transferred from Laws 12.22 1999, chapter 250, article 1, section 12.23 28, to the department of military 12.24 affairs to pay for higher than 12.25 anticipated fuel costs of the 12.26 department's training and community 12.27 center facilities. 12.28 Subd. 2. Maintenance of Training 12.29 Facilities 12.30 6,938,000 6,938,000 12.31 Subd. 3. General Support 12.32 1,791,000 1,828,000 12.33 $50,000 the first year and $50,000 the 12.34 second year are to assist in the 12.35 operation and staffing of the Minnesota 12.36 national guard youth camp at Camp 12.37 Ripley. This appropriation is 12.38 contingent on its being matched by 12.39 money from other sources. 12.40 The department may not sell or lease 12.41 land in Ramsey county to the department 12.42 of transportation, nor may the 12.43 department locate a joint or shared 12.44 facility with the department of 12.45 transportation within the county. 12.46 Subd. 4. Enlistment Incentives 12.47 4,605,000 4,605,000 13.1 Subd. 5. Emergency Services 13.2 75,000 75,000 13.3 Sec. 18. VETERANS AFFAIRS 4,515,000 4,374,000 13.4 $150,000 is for a grant to the St. 13.5 Louis county historical society in 13.6 Duluth, Minnesota, to be used to 13.7 complete the Veterans Memorial Hall 13.8 physical exhibit and displays. This 13.9 appropriation is available until June 13.10 30, 2002. 13.11 Sec. 19. VETERANS OF FOREIGN 13.12 WARS 55,000 55,000 13.13 For carrying out the provisions of Laws 13.14 1945, chapter 455. 13.15 Sec. 20. MILITARY ORDER OF 13.16 THE PURPLE HEART 20,000 20,000 13.17 Sec. 21. DISABLED AMERICAN 13.18 VETERANS 13,000 13,000 13.19 For carrying out the provisions of Laws 13.20 1941, chapter 425. 13.21 Sec. 22. GAMBLING CONTROL 2,410,000 2,453,000 13.22 Sec. 23. RACING COMMISSION 406,000 410,000 13.23 Sec. 24. STATE LOTTERY 750,000 -0- 13.24 $750,000 is from the lottery prize fund 13.25 to the commissioner of human services 13.26 for a grant to reconstruct Project 13.27 Turnabout in Granite Falls destroyed by 13.28 the Granite Falls tornado. This 13.29 appropriation is available until June 13.30 30, 2003, and does not become part of 13.31 the base. 13.32 Sec. 25. AMATEUR SPORTS 13.33 COMMISSION 2,866,000 1,394,000 13.34 The commission must develop a plan for 13.35 becoming self-sufficient. The timeline 13.36 for self-sufficiency must not exceed 13.37 five years. The commission must report 13.38 the plan to the chairs of the budget 13.39 committees in the house and the senate 13.40 by February 1, 2002. 13.41 $2,000,000 in fiscal year 2002 and 13.42 $750,000 in fiscal year 2003 are for 13.43 making matching grants for soccer field 13.44 development as provided under Minnesota 13.45 Statutes, section 240A.13. 13.46 $200,000 in fiscal year 2002 is for a 13.47 one-time grant to a nonprofit 13.48 corporation for operation of a shooting 13.49 sports program at a state-owned 13.50 facility. The program funded through 13.51 this grant must be designed to train 13.52 participants and coaches in shooting 13.53 sports that are Olympic events. This 13.54 appropriation is available until June 13.55 30, 2003. 14.1 $25,000 is for a grant to the Range 14.2 Recreation Civic Center for bleacher 14.3 purchase. 14.4 Sec. 26. BOARD OF THE ARTS 14.5 Subdivision 1. Total 14.6 Appropriation 10,603,000 10,611,000 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. Operations and Services 14.11 1,028,000 1,036,000 14.12 By February 15, 2002, the board must 14.13 compile, report to the legislature, and 14.14 make readily available a listing of 14.15 grants awarded with funds appropriated 14.16 for fiscal years 2000 and 2001 by type 14.17 and dollar amount, along with a 14.18 measurement of impact for each grant. 14.19 Impact measurements include, but are 14.20 not limited to: (1) the number of 14.21 patrons served; (2) a determination if 14.22 the grant allowed the grantee to go 14.23 forward; and (3) the extent the grantee 14.24 was able to expand or otherwise improve 14.25 the artistic experience offered the 14.26 public. 14.27 The board must also compile and make 14.28 available a historical record for every 14.29 grantee that has received funds from 14.30 the board. The list must be by grantee 14.31 and identify all types of grants 14.32 received each year. 14.33 Subd. 3. Grants Program 14.34 3,540,000 3,540,000 14.35 The board must not grant more than 14.36 $100,000 per year to any grantee. 14.37 Subd. 4. Regional Arts 14.38 Councils 14.39 3,535,000 3,535,000 14.40 Sec. 27. MINNESOTA HUMANITIES 14.41 COMMISSION 909,000 909,000 14.42 The humanities commission must develop 14.43 a plan for the selection of a Minnesota 14.44 poet laureate. The commission must 14.45 report the plan to the legislature by 14.46 February 1, 2002. 14.47 Sec. 28. GENERAL CONTINGENT 14.48 ACCOUNTS 600,000 600,000 14.49 Summary by Fund 14.50 General 100,000 100,000 14.51 State Government 14.52 Special Revenue 400,000 400,000 15.1 Workers' 15.2 Compensation 100,000 100,000 15.3 Sec. 29. TORT CLAIMS 275,000 275,000 15.4 To be spent by the commissioner of 15.5 finance. 15.6 If the appropriation for either year is 15.7 insufficient, the appropriation for the 15.8 other year is available for it. 15.9 Sec. 30. MINNESOTA STATE 15.10 RETIREMENT SYSTEM 9,299,000 9,856,000 15.11 The amounts estimated to be needed for 15.12 each program are as follows: 15.13 (a) Legislators 15.14 6,821,000 7,230,000 15.15 Under Minnesota Statutes, sections 15.16 3A.03, subdivision 2; 3A.04, 15.17 subdivisions 3 and 4; and 3A.11. 15.18 (b) Constitutional Officers 15.19 355,000 376,000 15.20 Under Minnesota Statutes, sections 15.21 352C.031, subdivision 5; 352C.04, 15.22 subdivision 3; and 352C.09, subdivision 15.23 2. 15.24 (c) Judges 15.25 2,123,000 2,250,000 15.26 If an appropriation in this section for 15.27 either year is insufficient, the 15.28 appropriation for the other year is 15.29 available for it. 15.30 Sec. 31. MINNEAPOLIS EMPLOYEES 15.31 RETIREMENT FUND 3,232,000 3,232,000 15.32 Sec. 32. POLICE AND FIRE 15.33 AMORTIZATION AID 6,345,000 6,345,000 15.34 Sec. 33. PERA 8,938,500 8,938,500 15.35 This appropriation is for deposit in 15.36 the PERA general employees retirement 15.37 fund. This is one-time funding. The 15.38 executive director of PERA must report 15.39 to the legislature by January 15, 2002 15.40 and January 15, 2003 on the effect of 15.41 this appropriation on the funding 15.42 status of the general employee plan. 15.43 Sec. 34. COMPENSATION COUNCIL 15.44 The compensation council recommendation 15.45 of 2001 may not take effect unless 15.46 approved by law. 15.47 Sec. 35. [EFFECTIVE DATE.] 15.48 The appropriations for fiscal year 2001 are effective the 16.1 day following final enactment. 16.2 ARTICLE 2 16.3 STATE GOVERNMENT OPERATIONS 16.4 Section 1. Minnesota Statutes 2000, section 3.012, is 16.5 amended to read: 16.6 3.012 [LEGISLATIVE DAY.] 16.7 A legislative day is a day when either house or a committee 16.8 of either house of the legislature is called to order. A 16.9 legislative day begins at seven o'clock a.m. and continues until 16.10 seven o'clock a.m. of the following calendar day. 16.11 Sec. 2. Minnesota Statutes 2000, section 3.3005, 16.12 subdivision 2, is amended to read: 16.13 Subd. 2. [GOVERNOR'S REQUEST TO LEGISLATURE.] A state 16.14 agency shall not expend money received by it under federal law 16.15 for any purpose unless a request to spend federal money from 16.16 that source for that purpose in that fiscal year has been 16.17 submitted by the governor to the legislature as a part of a 16.18 budget request submitted during or within ten days before the 16.19 start of a regular legislative session, or unless specifically 16.20 authorized by law or as provided by this section. A budget 16.21 request submitted to the legislature according to this 16.22 subdivision must be submitted at least 20 days before the 16.23 deadline set by the legislature for legislative budget 16.24 committees to act on finance bills. 16.25 Sec. 3. Minnesota Statutes 2000, section 3.3005, 16.26 subdivision 3, is amended to read: 16.27 Subd. 3. [STATE MATCH.] If a request to spend federal 16.28 money is included in the governor's budget or spending the money 16.29 is authorized by law but the amount of federal money received 16.30 requires a state match greater than that included in the budget 16.31 request or authorized by law, the amount that requires an 16.32 additional state match may be allotted for expenditure after the 16.33 requirements of subdivision 5 or 6 are met. 16.34 Sec. 4. Minnesota Statutes 2000, section 3.3005, 16.35 subdivision 3a, is amended to read: 16.36 Subd. 3a. [CHANGE IN PURPOSE.] If a request to spend 17.1 federal money is included in a governor's budget request and 17.2 approved according to subdivision 2a, but the purpose for which 17.3 the money is to be used changes from the time of the request and 17.4 approval, the amount may be allotted for expenditure after a 17.5 revised request is submitted according to subdivision 2 or the 17.6 requirements of subdivision 5 or 6 are met. 17.7 Sec. 5. Minnesota Statutes 2000, section 3.3005, is 17.8 amended by adding a subdivision to read: 17.9 Subd. 3b. [INCREASE IN AMOUNT.] If a request to spend 17.10 federal money is included in a governor's budget request and 17.11 approved according to subdivision 2 or subdivision 5 and the 17.12 amount of money available increases after the request is made 17.13 and authorized, the additional amount may be allotted for 17.14 expenditure after a revised request is submitted according to 17.15 subdivision 2, or the requirements of subdivision 5 or 6 are met. 17.16 Sec. 6. Minnesota Statutes 2000, section 3.3005, 17.17 subdivision 4, is amended to read: 17.18 Subd. 4. [INTERIM PROCEDURES; URGENCIES.] If federal money 17.19 becomes available to the state for expenditure after the 17.20 deadline in subdivision 2 or while the legislature is not in 17.21 session, and the availability of money from that source or for 17.22 that purpose or in that fiscal year could not reasonably have 17.23 been anticipated and included in the governor's budget request, 17.24 and an urgency requires that all or part of the money be 17.25 allotted before the legislature reconvenes or prior to the end 17.26 of the 20 day period specified in subdivision 2, it may be 17.27 allotted to a state agency after the requirements of subdivision 17.28 5 are met. 17.29 Sec. 7. Minnesota Statutes 2000, section 3.3005, 17.30 subdivision 5, is amended to read: 17.31 Subd. 5. [LEGISLATIVE ADVISORY COMMISSION REVIEW.] Federal 17.32 money that becomes available under subdivisions 3and, 3a, 3b, 17.33 or 4 may be allotted after the commissioner of finance has 17.34 submitted the request to the members of the legislative advisory 17.35 commission for their review and recommendation for further 17.36 review. If a recommendation is not made within ten days, no 18.1 further review by the legislative advisory commission is 18.2 required, and the commissioner shall approve or disapprove the 18.3 request. If a recommendation by any member is for further 18.4 review the governor shall submit the request to the legislative 18.5 advisory commission for its review and recommendation. Failure 18.6 or refusal of the commission to make a recommendation promptly 18.7 is a negative recommendation. 18.8 Sec. 8. Minnesota Statutes 2000, section 3.3005, is 18.9 amended by adding a subdivision to read: 18.10 Subd. 6. [INTERIM PROCEDURES; NONURGENCIES.] If federal 18.11 money becomes available to the state for expenditure after the 18.12 deadline in subdivision 2 or while the legislature is not in 18.13 session, and subdivision 4 does not apply, a request to expend 18.14 the federal money may be submitted by the commissioner of 18.15 finance to members of the legislative advisory commission for 18.16 their review and recommendation. This request must be submitted 18.17 by October 1 of any year. If any member of the commission makes 18.18 a negative recommendation or a recommendation for further review 18.19 on a request by October 20 of the same year, the commissioner 18.20 shall not approve expenditure of that federal money. If a 18.21 request to expend federal money submitted under this subdivision 18.22 receives a negative recommendation or a recommendation for 18.23 further review, the request may be submitted again under 18.24 subdivision 2. If the members of the commission make a positive 18.25 recommendation or no recommendation, the commissioner shall 18.26 approve or disapprove the request and the federal money may be 18.27 allotted for expenditure. 18.28 Sec. 9. Minnesota Statutes 2000, section 3.305, is amended 18.29 by adding a subdivision to read: 18.30 Subd. 9. [PUBLIC INFORMATION.] The legislative 18.31 coordinating commission shall establish an office to provide 18.32 information to the public about the legislature, including 18.33 legislative process and legislative proceedings, and to perform 18.34 related duties as assigned by the commission. 18.35 Sec. 10. Minnesota Statutes 2000, section 3.305, is 18.36 amended by adding a subdivision to read: 19.1 Subd. 10. [TELEVISION.] The legislative coordinating 19.2 commission shall establish an office to provide for television 19.3 production and transmission of legislative proceedings, and to 19.4 perform related duties as assigned by the commission. 19.5 Sec. 11. [3.306] [MEETING TIMES.] 19.6 The house of representatives and the senate must adopt 19.7 rules that set one time as the regular hour of convening daily 19.8 sessions in both houses. 19.9 Sec. 12. [3.3061] [JOINT STANDING COMMITTEES.] 19.10 The house of representatives and the senate must adopt 19.11 rules that establish a system of joint standing committees to 19.12 consider and report on legislation and conduct other legislative 19.13 business, except that each house may establish separately a 19.14 committee on rules and administration and a committee on ethics. 19.15 Sec. 13. Minnesota Statutes 2000, section 3.85, 19.16 subdivision 3, is amended to read: 19.17 Subd. 3. [MEMBERSHIP.] The commission consists of five 19.18 members of the senate appointed by the subcommittee on 19.19 committees of the committee on rules and administration and five 19.20 members of the house of representatives appointed by the 19.21 speaker. Members shall be appointed at the commencement of each 19.22 regular session of the legislature for a two-year term beginning 19.23 January 16 of the first year of the regular session. Members 19.24 continue to serve until their successors are appointed. 19.25 Vacancies that occur while the legislature is in session shall 19.26 be filled like regular appointments. If the legislature is not 19.27 in session, senate vacancies shall be filled by the last 19.28 subcommittee on committees of the senate committee on rules and 19.29 administration or other appointing authority designated by the 19.30 senate rules, and house vacancies shall be filled by the last 19.31 speaker of the house, or if the speaker is not available, by the 19.32 last chair of the house rules committee. 19.33 Sec. 14. Minnesota Statutes 2000, section 3.855, 19.34 subdivision 3, is amended to read: 19.35 Subd. 3. [OTHER SALARIES AND COMPENSATION PLANS.] The 19.36 commission shall also: 20.1 (1) review and approve, reject, or modify a plan for 20.2 compensation and terms and conditions of employment prepared and 20.3 submitted by the commissioner of employee relations under 20.4 section 43A.18, subdivision 2, covering all state employees who 20.5 are not represented by an exclusive bargaining representative 20.6 and whose compensation is not provided for by chapter 43A or 20.7 other law; 20.8 (2) review and approve, reject, or modify a plan for total 20.9 compensation and terms and conditions of employment for 20.10 employees in positions identified as being managerial under 20.11 section 43A.18, subdivision 3, whose salaries and benefits are 20.12 not otherwise provided for in law or other plans established 20.13 under chapter 43A; 20.14 (3) review and approve, reject, or modify recommendations 20.15 for salaries submitted by the governor or other appointing 20.16 authority under section43A.1815A.0815, subdivision 5, covering 20.17 agency head positions listed in section 15A.0815; 20.18 (4) review and approve, reject, or modify recommendations 20.19 for salaries of officials of higher education systems under 20.20 section 15A.081,subdivisionsubdivisions 7b and 7c; and 20.21 (5) review and approve, reject, or modify plans for 20.22 compensation, terms, and conditions of employment proposed under 20.23 section 43A.18, subdivisions 3a and 4. 20.24 Sec. 15. Minnesota Statutes 2000, section 3.97, 20.25 subdivision 3a, is amended to read: 20.26 Subd. 3a. [EVALUATION TOPICS.] (a) The commission shall 20.27 periodically select topics for the legislative auditor to 20.28 evaluate. Topics may include any agency, program, or activity 20.29 established by law to achieve a state purpose, or any topic that 20.30 affects the operation of state government, but the commission 20.31 shall give primary consideration to topics that are likely, upon 20.32 examination, to produce recommendations for cost savings, 20.33 increased productivity, or the elimination of duplication among 20.34 public agencies. Legislators and legislative committees may 20.35 suggest topics for evaluation, but the legislative auditor shall 20.36 only conduct evaluations approved by the commission. 21.1 (b) In selecting program evaluation topics for the auditor, 21.2 the commission must consider directing the auditor to conduct 21.3 limited topic scoping reviews at the request of individual 21.4 legislators. Upon completion of the limited review, the 21.5 commission may direct the auditor to conduct a more complete 21.6 evaluation. 21.7 Sec. 16. Minnesota Statutes 2000, section 3.979, is 21.8 amended by adding a subdivision to read: 21.9 Subd. 5. [COMMISSIONER'S OPINION; LEGISLATIVE AUDITOR 21.10 ACCESS TO DATA.] If, after the commissioner of administration 21.11 issues an opinion under section 13.072 that a person requesting 21.12 access to data held by a state agency is entitled to that 21.13 access, the state agency continues to refuse to provide the data 21.14 or the person making the request is told that the data sought 21.15 does not exist, the legislative audit commission may instruct 21.16 the legislative auditor to review all state agency data related 21.17 to the request. Following the review, the legislative auditor 21.18 shall provide all public data obtained, if any, to the 21.19 legislative audit commission. 21.20[EFFECTIVE DATE.] This section is effective July 1, 2001, 21.21 and applies to commissioner's opinions issued after that date. 21.22 Sec. 17. Minnesota Statutes 2000, section 3.98, 21.23 subdivision 2, is amended to read: 21.24 Subd. 2. [CONTENTS.] (a) The fiscal note, where possible, 21.25 shall: (1) cite the effect in dollar amounts; (2) cite the 21.26 statutory provisions affected; (3) estimate the increase or 21.27 decrease in revenues or expenditures; (4) include the costs 21.28 which may be absorbed without additional funds;and(5) include 21.29 the assumptions used in determining the cost estimates; and (6) 21.30 specify any long-range implication. 21.31 (b) The fiscal note may comment on technical or mechanical 21.32 defects in the bill but shall express no opinions concerning the 21.33 merits of the proposal. 21.34 Sec. 18. [3.99] [LEGISLATIVE COMMISSION ON METROPOLITAN 21.35 GOVERNMENT.] 21.36 Subdivision 1. [ESTABLISHED.] The legislative commission 22.1 on metropolitan government is established to oversee the 22.2 metropolitan council's operating and capital budgets, work 22.3 program, and capital improvement program. 22.4 Subd. 2. [MEMBERSHIP.] The commission consists of four 22.5 senators appointed by the senate subcommittee on committees of 22.6 the committee on rules and administration, three senators 22.7 appointed by the senate minority leader, four state 22.8 representatives appointed by the speaker of the house, and three 22.9 state representatives appointed by the house minority leader. 22.10 All members must reside in or represent a portion of the 22.11 seven-county metropolitan area. The appointing authorities must 22.12 insure balanced geographic representation. Each appointing 22.13 authority must make appointments as soon as possible after the 22.14 opening of the next regular session of the legislature in each 22.15 odd-numbered year. 22.16 Subd. 3. [TERMS; VACANCIES.] Members of the commission 22.17 serve for a two-year term beginning upon appointment and 22.18 expiring upon appointment of a successor after the opening of 22.19 the next regular session of the legislature in the odd-numbered 22.20 year. A vacancy in the membership of the commission must be 22.21 filled for the unexpired term in a manner that will preserve the 22.22 representation established by this section. 22.23 Subd. 4. [CHAIR.] The commission must meet as soon as 22.24 practicable after members are appointed in each odd-numbered 22.25 year to elect its chair and other officers as it may determine 22.26 necessary. A chair serves a two-year term, expiring in the 22.27 odd-numbered year after a successor is elected. The chair must 22.28 alternate biennially between the senate and the house. 22.29 Subd. 5. [COMPENSATION.] Members serve without 22.30 compensation but may be reimbursed for their reasonable expenses 22.31 as members of the legislature. 22.32 Subd. 6. [STAFF.] Legislative staff must provide 22.33 administrative and research assistance to the commission. 22.34 Subd. 7. [MEETINGS; PROCEDURES.] The commission meets at 22.35 the call of the chair. If there is a quorum, the commission may 22.36 take action by a simple majority vote of commission members 23.1 present. 23.2 Subd. 8. [POWERS; DUTIES; METROPOLITAN COUNCIL LEVY, 23.3 BUDGET OVERSIGHT.] The commission must monitor, review, and make 23.4 recommendations to the metropolitan council and to the 23.5 legislature for the following calendar year on: 23.6 (1) the tax rate and dollar amount of the metropolitan 23.7 council's property tax levies and any proposed increases in the 23.8 rate or dollar amount of tax; 23.9 (2) any request for an increase in the debt of the 23.10 metropolitan council; 23.11 (3) the overall work and role of the metropolitan council; 23.12 (4) the metropolitan council's proposed operating and 23.13 capital budgets, work program, and capital improvement program; 23.14 and 23.15 (5) the metropolitan council's implementation of the 23.16 operating and capital budgets, work program, and capital 23.17 improvement program. 23.18 Subd. 9. [POWERS; DUTIES; METROPOLITAN COUNCIL 23.19 APPOINTMENTS OVERSIGHT.] The commission must monitor 23.20 appointments to the metropolitan council and may make 23.21 recommendations on appointments to the nominating committee 23.22 under section 473.123, subdivision 3, or to the governor before 23.23 the governor makes the appointments. The commission may also 23.24 make recommendations to the senate before appointments are 23.25 presented to the senate for its advice and consent. 23.26 Sec. 19. Minnesota Statutes 2000, section 4A.05, 23.27 subdivision 1, is amended to read: 23.28 Subdivision 1. [PURPOSE.] The purpose of the land 23.29 management information center is to foster integration of land 23.30 use and environmental information and provide services in 23.31 computer mapping and graphics, environmental analysis, and small 23.32 systems development. The director, through the center, shall 23.33 periodically study land use and natural resources on the basis 23.34 of county, regional, and other political subdivisions. 23.35 Sec. 20. Minnesota Statutes 2000, section 4A.07, 23.36 subdivision 1, is amended to read: 24.1 Subdivision 1. [DEFINITIONS.] (a) "Local unit of 24.2 government" means a county, statutory or home rule charter city, 24.3 town, or watershed district. 24.4 (b) "Sustainable development" means development that 24.5maintains or enhances economic opportunity and community24.6well-beingpromotes and enhances the dynamic and adaptive nature 24.7 of communities while protectingand restoringthe natural 24.8 environmentupon which people and economies depend. Sustainable 24.9 development meets the needs of the present and recognizes that 24.10 adaptation in response to economic changes can be achieved 24.11 without compromising the ability of future generations to meet 24.12 their own needs. 24.13 Sec. 21. Minnesota Statutes 2000, section 4A.07, 24.14 subdivision 2, is amended to read: 24.15 Subd. 2. [PLANNING GUIDE.] The office of strategic and 24.16 long-range planning must develop and publish a planning guide 24.17 for local units of government to plan for sustainable 24.18 development, based on the principles of sustainabledevelopment24.19adopted by the environmental quality board with advice of the24.20governor's round table on sustainable developmentland use 24.21 planning as stated in this section. The office must make the 24.22 planning guide available to members of the public and to local 24.23 units of government within the state. 24.24 Sec. 22. Minnesota Statutes 2000, section 4A.07, 24.25 subdivision 4, is amended to read: 24.26 Subd. 4. [SPECIFICITY AND DISTRIBUTION.] Themodel24.27ordinanceplanning guide must specify the technical and 24.28 administrative proceduresto guide sustainable development.24.29When adopted by a local unit of government, the model ordinance24.30is the minimum regulation to guide sustainable development that24.31may be adoptedlocal units may use when developing land use 24.32 ordinances and controls. Upon completion, the office of 24.33 strategic and long-range planning must notify local units of 24.34 government that themodel ordinanceplanning guide is available, 24.35 and must distribute it to interested local units. The director 24.36 must also make an electronic version of the planning guide 25.1 available on the Internet free of charge through the North Star 25.2 information service. 25.3 Sec. 23. Minnesota Statutes 2000, section 4A.07, 25.4 subdivision 5, is amended to read: 25.5 Subd. 5. [PERIODIC REVIEW.] At least once every five 25.6 years, the planning office must review themodel ordinance25.7 planning guide and its use with local units of government to 25.8 ensure its continued applicability and relevance. 25.9 Sec. 24. Minnesota Statutes 2000, section 4A.08, is 25.10 amended to read: 25.11 4A.08 [COMMUNITY-BASEDSUSTAINABLE LAND USE PLANNING 25.12 GOALS.] 25.13 Subdivision 1. [GOALS.] The goals ofcommunity-based25.14 sustainable land use planning are: 25.15 (1) [CITIZENRESIDENT PARTICIPATION.] To develop a 25.16community-basedlocal planning processwith broad citizen25.17participation in order to build local capacity to plan for25.18sustainable development and to benefit from the insights,25.19knowledge, and support of local residentsbuilt upon input from 25.20 members of the community. The plans should ensure that land use 25.21 controls remain flexible in order to accommodate consumer-driven 25.22 changes in land use. The processmustshould includeat least25.23one citizen fromlocal residents and area businesses, including 25.24 land development professionals, and representatives from each 25.25 affected unit of local government; 25.26 (2) [COOPERATION.] To promote cooperation among 25.27 communities to work towardsthe most efficient, planned, and25.28 cost-effective delivery of government servicesby, among other25.29means, facilitating cooperative agreements among adjacent25.30communities and to coordinate planning to ensure compatibility25.31of one community's development with development of neighboring25.32communities; 25.33 (3)[ECONOMIC DEVELOPMENT.] To create sustainable economic25.34development strategies and provide economic opportunities25.35throughout the state that will achieve a balanced distribution25.36of growth statewide;26.1(4)[CONSERVATION.] To protect, preserve, and enhancethe26.2state'snatural resources, including agricultural land, forests, 26.3 surface water and groundwater, recreation and open space, scenic 26.4 areas, and significant historic and archaeological sites; 26.5(5) [LIVABLE COMMUNITY DESIGN.] To strengthen communities26.6by following the principles of livable community design in26.7development and redevelopment, including integration of all26.8income and age groups, mixed land uses and compact development,26.9affordable and life-cycle housing, green spaces, access to26.10public transit, bicycle and pedestrian ways, and enhanced26.11aesthetics and beauty in public spaces;26.12(6) [HOUSING.] To provide and preserve an adequate supply26.13of affordable and life-cycle housing throughout the state;26.14(7) [TRANSPORTATION.] To focus on the movement of people26.15and goods, rather than on the movement of automobiles, in26.16transportation planning, and to maximize the efficient use of26.17the transportation infrastructure by increasing the availability26.18and use of appropriate public transit throughout the state26.19through land-use planning and design that makes public transit26.20economically viable and desirable;26.21(8) [LAND-USE PLANNING.] To establish a community-based26.22framework as a basis for all decisions and actions related to26.23land use;26.24(9) [PUBLIC INVESTMENTS.] To account for the full26.25environmental, social, and economic costs of new development,26.26including infrastructure costs such as transportation, sewers26.27and wastewater treatment, water, schools, recreation, and open26.28space, and plan the funding mechanisms necessary to cover the26.29costs of the infrastructure;26.30(10) [PUBLIC EDUCATION.] To support research and public26.31education on a community's and the state's finite capacity to26.32accommodate growth, and the need for planning and resource26.33management that will sustain growth; and26.34(11) [SUSTAINABLE DEVELOPMENT.] To provide a better26.35quality of life for all residents while maintaining nature's26.36ability to function over time by minimizing waste, preventing27.1pollution, promoting efficiency, and developing local resources27.2to revitalize the local economy.27.3 (4) [PRESERVE LOCAL AUTONOMY.] To avoid prescriptive, 27.4 centralized plans that attempt to determine the detailed outcome 27.5 of community form and function. Such "comprehensive" plans 27.6 interfere with the dynamic and adaptive nature of communities; 27.7 (5) [ACCOMMODATE RESIDENT CHOICES.] To allow population 27.8 densities and land uses that are community driven and avoid 27.9 inflexible, centrally directed land use decisions that may 27.10 result in unforeseen consequences; 27.11 (6) [PRESERVE PROPERTY RIGHTS.] To incorporate private 27.12 property rights in local planning procedures as a fundamental 27.13 element of both economic development and environmental 27.14 protection. Problems of incompatible or conflicting land uses 27.15 are better resolved through the common law principles of 27.16 nuisance than through zoning regulations which tend to be rigid 27.17 and inefficient; 27.18 (7) [PAY AS YOU GROW.] To evaluate sustainable land use 27.19 plans and other local growth management policies according to 27.20 their cost of living and burden-shifting effects. Urban growth 27.21 boundaries, minimum lot sizes, population density ratios, 27.22 restrictions on housing development, restrictions on commercial 27.23 development, and other limits on freely functioning land markets 27.24 increase burdens on lower income groups and should be avoided; 27.25 and 27.26 (8) [DIVERSE PERSPECTIVES.] To develop sustainable land 27.27 use plans that are based on comprehensive research as well as 27.28 citizen preferences is crucial to the continued progress of 27.29 local communities. 27.30 Subd. 2. [CONSISTENCY WITH GOALS.] State agencies must 27.31 ensure to the greatest extent possible that their objectives, 27.32 plans, and programs are not in conflict with the sustainable 27.33 land use planning goals in subdivision 1. 27.34 Sec. 25. Minnesota Statutes 2000, section 4A.09, is 27.35 amended to read: 27.36 4A.09 [TECHNICAL ASSISTANCE.] 28.1 The office shall provide local governments technical and 28.2 financial assistance in preparingtheir comprehensive28.3 sustainable land use planstothat meet thecommunity-based28.4planninggoals in section 4A.08. 28.5 Sec. 26. Minnesota Statutes 2000, section 4A.10, is 28.6 amended to read: 28.7 4A.10 [PLAN REVIEW AND COMMENT.] 28.8 The office of strategic and long-range planning shall, over 28.9 time, compile and reviewand comment on community-based28.10comprehensiveall local land use plansprepared bybeing 28.11 developed or currently in effect for counties,including the28.12community-based comprehensive plans ofmunicipalities, and towns 28.13that are incorporated into a county's plan, as required in28.14section 394.232, subdivision 3. The purpose of this review is 28.15 to determine the extent to which local land use plans conform 28.16 with section 4A.08. Local units must provide copies of their 28.17 completed plans or draft plans to the office as requested. The 28.18 director must insure that this review does not interfere with 28.19 the office's responsibility to provide planning assistance. 28.20 Sec. 27. [4A.11] [PLANNING ASSISTANCE.] 28.21 Subdivision 1. [DEFINITION.] "Planning assistance" means 28.22 but is not limited to: guidance documents to aid local units of 28.23 government in compiling agreements, ordinances, and 28.24 organizational structures for the planning process, capital 28.25 improvement planning, housing, economic development, and public 28.26 participation; coordination of state agency involvement in local 28.27 sustainable planning, including identification of regional areas 28.28 that are owned, leased or otherwise controlled by the state; 28.29 application of geographical information systems and other 28.30 technology; and population projections, estimates, and other 28.31 available data including soils, geology, natural areas, and 28.32 other physical data. 28.33 Subd. 2. [MINNESOTA PLANNING TO PROVIDE ASSISTANCE.] The 28.34 office of strategic and long-range planning shall provide 28.35 planning assistance to local units of government, including 28.36 assistance to meet the planning goals in section 4A.08. The 29.1 office shall provide technical assistance and review and comment 29.2 on land use plans prepared by counties, municipalities, and 29.3 towns, and it may not withhold assistance from local governments 29.4 that chose to deviate from recommendations offered by the 29.5 office. The office shall place a priority on requests for 29.6 assistance from townships and small cities. 29.7 Sec. 28. [5.075] [SECRETARY OF STATE REVOLVING FUND.] 29.8 Notwithstanding other law to the contrary, all fees and 29.9 other revenue received by the secretary of state, other than 29.10 fees related to election duties, must be deposited in a 29.11 secretary of state revolving fund. Money in the fund is 29.12 continuously appropriated to the secretary of state. 29.13 Sec. 29. [6.025] [STATE AUDITOR REVOLVING FUND.] 29.14 All revenue from billings and other fees received by the 29.15 state auditor must be deposited in a state auditor revolving 29.16 fund. Money in the fund is continuously appropriated to the 29.17 state auditor. 29.18 Sec. 30. Minnesota Statutes 2000, section 6.48, is amended 29.19 to read: 29.20 6.48 [EXAMINATION OF COUNTIES; COST, FEES.] 29.21 All the powers and duties conferred and imposed upon the 29.22 state auditor shall be exercised and performed by the state 29.23 auditor in respect to the offices, institutions, public 29.24 property, and improvements of several counties of the state. At 29.25 least once in each year, if funds and personnel permit, the 29.26 state auditor shall visit, without previous notice, each county 29.27 and make a thorough examination of all accounts and records 29.28 relating to the receipt and disbursement of the public funds and 29.29 the custody of the public funds, including the game and fish 29.30 funds, and other property. The state auditor shall prescribe 29.31 and install systems of accounts and financial reports that shall 29.32 be uniform, so far as practicable, for the same class of 29.33 offices. A copy of the report of such examination shall be 29.34 filed and be subject to public inspection in the office of the 29.35 state auditor and another copy in the office of the auditor of 29.36 the county thus examined. The state auditor may accept the 30.1 records and audit, or any part thereof, of the department of 30.2 human services in lieu of examination of the county social 30.3 welfare funds, if such audit has been made within any period 30.4 covered by the state auditor's audit of the other records of the 30.5 county. If any such examination shall disclose malfeasance, 30.6 misfeasance, or nonfeasance in any office of such county, such 30.7 report shall be filed with the county attorney of the county, 30.8 and the county attorney shall institute such civil and criminal 30.9 proceedings as the law and the protection of the public 30.10 interests shall require. 30.11 The county receiving such examination, and the division of 30.12 game and fish of the department of natural resources of the 30.13 state of Minnesota, in the case of the examination of the game 30.14 and fish funds, shall pay to the stategeneralauditor revolving 30.15 fund, notwithstanding the provisions of section 16A.125, the 30.16 total cost and expenses of such examinations, including the 30.17 salaries paid to the examiners while actually engaged in making 30.18 such examination. The state auditor on deeming it advisable may 30.19 bill counties, having a population of 200,000 or over, monthly 30.20 for services rendered and the officials responsible for 30.21 approving and paying claims shall cause said bill to be promptly 30.22 paid. Thegeneralstate auditor revolving fund shall be 30.23 credited with all collections made for any such examinations. 30.24 Sec. 31. Minnesota Statutes 2000, section 6.56, 30.25 subdivision 2, is amended to read: 30.26 Subd. 2. [BILLINGS BY STATE AUDITOR.] Upon the examination 30.27 of the books, records, accounts, and affairs of any political 30.28 subdivision, as provided by law, such political subdivision 30.29 shall be liable to the state for the total cost and expenses of 30.30 such examination, including the salaries paid to the examiners 30.31 while actually engaged in making such examination. The state 30.32 auditor may bill such political subdivision monthly for service 30.33 rendered and the officials responsible for approving and paying 30.34 claims are authorized to pay said bill promptly. Said payments 30.35 shall be without prejudice to any defense against said claims 30.36 that may exist or be asserted. Thegeneralstate auditor 31.1 revolving fund shall be credited with all collections made for 31.2 any such examinations, including interest payments made pursuant 31.3 to subdivision 3. 31.4 Sec. 32. Minnesota Statutes 2000, section 6.58, is amended 31.5 to read: 31.6 6.58 [GENERAL FUND.] 31.7 Thegeneralstate auditor revolving fund shall be used to 31.8 provide personnel, pay other expenses, and for the acquisition 31.9 of equipment used in connection with reimbursable examinations 31.10 and other duties pursuant to law. When full-time personnel are 31.11 not available, the state auditor may contract with private 31.12 persons, firms, or corporations for accounting and other 31.13 technical services. Notwithstanding any law to the contrary, 31.14 the acquisition of equipment may include duplicating equipment 31.15 to be used in producing the reports issued by the department. 31.16 All receipts from such reimbursable examinations shall be 31.17 deposited in the general fund. The state auditor is directed to 31.18 adjust the schedule of charges for such examinations to provide 31.19 that such charges shall be sufficient to cover all costs of such 31.20 examinations and that the aggregate charges collected shall be 31.21 sufficient to pay all salaries and other expenses including 31.22 charges for the use of the equipment used in connection with 31.23 such reimbursable examinations and including the cost of 31.24 contracting for accounting and other technical services. The 31.25 schedule of charges shall be based upon an estimate of the cost 31.26 of performing reimbursable examinations including, but not 31.27 limited to, salaries, office overhead, equipment, authorized 31.28 contracts, and other expenses. The state auditor may allocate a 31.29 proportionate part of the total costs to an hourly or daily 31.30 charge for each person or class of persons engaged in the 31.31 performance of an examination. The schedule of charges shall 31.32 reflect an equitable charge for the expenses incurred in the 31.33 performance of any given examination. The state auditor shall 31.34 review and adjust the schedule of charges for such examinations 31.35 at least annually and have all schedules of charges approved by 31.36 the commissioner of finance before they are adopted so as to 32.1 ensure that the amount collected shall be sufficient to pay all 32.2 the costs connected with such examinations during the fiscal 32.3 year. 32.4 Sec. 33. Minnesota Statutes 2000, section 7.09, 32.5 subdivision 1, is amended to read: 32.6 Subdivision 1. [PROCEDURE.] The state treasurer is 32.7 authorized to receive and accept, on behalf of the state, any 32.8 gift, bequest, devise, or endowment which may be made by any 32.9 person, by will, deed, gift, or otherwise, to or for the benefit 32.10 of the state, or any of its departments or agencies, or to or in 32.11 aid, or for the benefit, support, or maintenance of any 32.12 educational, charitable, or other institution maintained in 32.13 whole or in part by the state, or for the benefit of students, 32.14 employees, or inmates thereof, or for any proper state purpose 32.15 or function, and the money, property, or funds constituting such 32.16 gift, bequest, devise, or endowment. No such gift, bequest, 32.17 devise, or endowmentwhose value is equal to or exceeds $10,00032.18 shall be so accepted unlessthe commissioner of finance andthe 32.19 state treasurerdeterminedetermines that it is for the interest 32.20 of the state to accept it, and approve of and direct the 32.21 acceptance.If the value is less than $10,000, only the state32.22treasurer need determine that it is for the interest of the32.23state to accept it, and approve of and direct the32.24acceptance.If a gift, bequest, devise, or endowment is money 32.25 or other negotiable instruments, then the deposit of it does not 32.26 constitute acceptance. In the event that the money or other 32.27 negotiable instruments are deposited but not approved, the 32.28 amount deposited must be refunded. When, in order to effect the 32.29 purpose for which any gift, bequest, devise, or endowment has 32.30 been accepted, it is necessary to sell property so received, the 32.31 state treasurer, upon request of the authority in charge of the 32.32 agency, department, or institution concerned, may sell it at a 32.33 price which shall be fixed by the state board of investment. 32.34 Sec. 34. Minnesota Statutes 2000, section 10A.01, 32.35 subdivision 21, is amended to read: 32.36 Subd. 21. [LOBBYIST.] (a) "Lobbyist" means an individual: 33.1 (1) engaged for pay or other consideration, or authorized 33.2 to spend money by another individual, association, political 33.3 subdivision, or public higher education system, who spends more 33.4 than five hours in any month or more than $250, not including 33.5 the individual's own travel expenses and membership dues, in any 33.6 year, for the purpose of attempting to influence legislative or 33.7 administrative action, or the official action of a metropolitan 33.8 governmental unit, by communicating or urging others to 33.9 communicate with public or local officials; or 33.10 (2) who spends more than $250, not including the 33.11 individual's own traveling expenses and membership dues, in any 33.12 year for the purpose of attempting to influence legislative or 33.13 administrative action, or the official action of a metropolitan 33.14 governmental unit, by communicating or urging others to 33.15 communicate with public or local officials. 33.16 (b) "Lobbyist" does not include: 33.17 (1) a public official; 33.18 (2) an employee of the state, including an employee of any 33.19 of the public higher education systems; 33.20 (3) an elected local official; 33.21 (4) a nonelected local official or an employee of a 33.22 political subdivision acting in an official capacity, unless the 33.23 nonelected official or employee of a political subdivision 33.24 spends more than50five hours in any month attempting to 33.25 influence legislative or administrative action, or the official 33.26 action of a metropolitan governmental unit other than the 33.27 political subdivision employing the official or employee, by 33.28 communicating or urging others to communicate with public or 33.29 local officials, including time spent monitoring legislative or 33.30 administrative action, or the official action of a metropolitan 33.31 governmental unit, and related research, analysis, and 33.32 compilation and dissemination of information relating to 33.33 legislative or administrative policy in this state, or to the 33.34 policies of metropolitan governmental units; 33.35 (5) a party or the party's representative appearing in a 33.36 proceeding before a state board, commission, or agency of the 34.1 executive branch unless the board, commission, or agency is 34.2 taking administrative action; 34.3 (6) an individual while engaged in selling goods or 34.4 services to be paid for by public funds; 34.5 (7) a news medium or its employees or agents while engaged 34.6 in the publishing or broadcasting of news items, editorial 34.7 comments, or paid advertisements which directly or indirectly 34.8 urge official action; 34.9 (8) a paid expert witness whose testimony is requested by 34.10 the body before which the witness is appearing, but only to the 34.11 extent of preparing or delivering testimony; or 34.12 (9) a party or the party's representative appearing to 34.13 present a claim to the legislature and communicating to 34.14 legislators only by the filing of a claim form and supporting 34.15 documents and by appearing at public hearings on the claim. 34.16 Sec. 35. Minnesota Statutes 2000, section 11A.075, is 34.17 amended to read: 34.18 11A.075 [DISCLOSUREOF EXPENSE REIMBURSEMENT.] 34.19 (a) A member or employee of the state board must annually 34.20 disclose expenses paid for or reimbursed by: (1) each 34.21 investment advisor, consultant, or outside money manager under 34.22 contract to the state board; (2) each investment advisor, 34.23 consultant, or outside money manager that has bid on a contract 34.24 offered by the state board during that year; and (3) each 34.25 business, including officers or employees of the business, in 34.26 which the state board has invested money under the board's 34.27 control during the annual reporting period. The disclosure 34.28 requirement of this paragraph does not apply to expenses or 34.29 reimbursements from an investment advisor, consultant, money 34.30 manager or business if the board member or employee received 34.31 less than $50 during the annual reporting period from that 34.32 person or entity. 34.33 (b) For purposes of this section, expenses include payments 34.34 or reimbursements for meals, entertainment, transportation, 34.35 lodging, and seminars. 34.36 (c) A member of the state board must disclose any contract 35.1 or other arrangement under which the member will perform 35.2 services for compensation as a consultant, employee, or 35.3 independent contractor for a person or entity other than the 35.4 state. The disclosure must include the person or entity for 35.5 whom services will be performed, the duration of the 35.6 arrangement, and the compensation that the member of the state 35.7 board will receive under the arrangement. The disclosure must 35.8 be made to the campaign finance and public disclosure board on a 35.9 form provided by the board. Disclosure must be made before the 35.10 member begins to perform the services, or within 30 days after 35.11 the member agrees to perform the services, whichever is sooner. 35.12 (d) The disclosure required bythis sectionparagraph (a) 35.13 must be filed with the campaign finance and public disclosure 35.14 board by April 15 each year. Each disclosure report must cover 35.15 the previous calendar year. The statement must be on a form 35.16 provided by the campaign finance and public disclosure board. 35.17 An individual who fails to file the form required by this 35.18 section or who files false information, is subject to penalties 35.19 specified in sections 10A.09 and 10A.025, subdivision 2. 35.20 Sec. 36. Minnesota Statutes 2000, section 15.0575, 35.21 subdivision 3, as amended by Laws 2001, chapter 61, section 1, 35.22 is amended to read: 35.23 Subd. 3. [COMPENSATION.] (a) Members of the boards may be 35.24 compensated at the rate of $55 a day spent on board activities, 35.25 when authorized by the board, plus expenses in the same manner 35.26 and amount as authorized by the commissioner's plan adopted 35.27 under section 43A.18, subdivision 2. Members who, as a result 35.28 of time spent attending board meetings, incur child care 35.29 expenses that would not otherwise have been incurred, may be 35.30 reimbursed for those expenses upon board authorization. 35.31 (b) Members who are state employees or employees of the 35.32 political subdivisions of the state must not receive the daily 35.33 payment for activities that occur during working hours for which 35.34 they are compensated by the state or political subdivision. 35.35 However, a state or political subdivision employee may receive 35.36 the daily payment if the employee uses vacation time or 36.1 compensatory time accumulated in accordance with a collective 36.2 bargaining agreement or compensation plan for board activities. 36.3 Members who are state employees or employees of the political 36.4 subdivisions of the state may receive the expenses provided for 36.5 in this subdivision unless the expenses are reimbursed by 36.6 another source. Members who are state employees or employees of 36.7 political subdivisions of the state may be reimbursed for child 36.8 care expenses only for time spent on board activities that are 36.9 outside their working hours. 36.10 (c) Each board must adopt internal standards prescribing 36.11 what constitutes a day spent on board activities for purposes of 36.12 making daily payments under this subdivision. 36.13[EFFECTIVE DATE.] This section is effective July 1, 2001, 36.14 and applies to service on or after that date. 36.15 Sec. 37. Minnesota Statutes 2000, section 15.059, 36.16 subdivision 3, as amended by Laws 2001, chapter 61, section 2, 36.17 is amended to read: 36.18 Subd. 3. [COMPENSATION.] (a) Members of the advisory 36.19 councils and committees may be compensated at the rate of $55 a 36.20 day spent on council or committee activities, when authorized by 36.21 the council or committee, plus expenses in the same manner and 36.22 amount as authorized by the commissioner's plan adopted under 36.23 section 43A.18, subdivision 2. Members who, as a result of time 36.24 spent attending council or committee meetings, incur child care 36.25 expenses that would not otherwise have been incurred, may be 36.26 reimbursed for those expenses upon council or committee 36.27 authorization. 36.28 (b) Members who are state employees or employees of 36.29 political subdivisions must not receive the daily compensation 36.30 for activities that occur during working hours for which they 36.31 are compensated by the state or political subdivision. However, 36.32 a state or political subdivision employee may receive the daily 36.33 payment if the employee uses vacation time or compensatory time 36.34 accumulated in accordance with a collective bargaining agreement 36.35 or compensation plan for council or committee activity. Members 36.36 who are state employees or employees of the political 37.1 subdivisions of the state may receive the expenses provided for 37.2 in this section unless the expenses are reimbursed by another 37.3 source. Members who are state employees or employees of 37.4 political subdivisions of the state may be reimbursed for child 37.5 care expenses only for time spent on board activities that are 37.6 outside their working hours. 37.7 (c) Each council and committee must adopt internal 37.8 standards prescribing what constitutes a day spent on council or 37.9 committee activities for purposes of making daily payments under 37.10 this subdivision. 37.11[EFFECTIVE DATE.] This section is effective July 1, 2001, 37.12 and applies to service on or after that date. 37.13 Sec. 38. Minnesota Statutes 2000, section 15.059, 37.14 subdivision 5a, is amended to read: 37.15 Subd. 5a. [LATER EXPIRATION.] Notwithstanding subdivision 37.16 5, the advisory councils and committees listed in this 37.17 subdivision do not expire June 30, 1997. These groups expire 37.18 June 30, 2001, unless the law creating the group or this 37.19 subdivision specifies an earlier expiration date. 37.20 Investment advisory council, created in section 11A.08; 37.21 Intergovernmental information systems advisory council, 37.22 created in section 16B.42, expires June 30, 1999; 37.23 Feedlot and manure management advisory committee, created 37.24 in section 17.136; 37.25 Aquaculture advisory committee, created in section 17.49; 37.26 Dairy producers board, created in section 17.76; 37.27 Pesticide applicator education and examination review 37.28 board, created in section 18B.305; 37.29 Advisory seed potato certification task force, created in 37.30 section 21.112; 37.31 Food safety advisory committee, created in section 28A.20; 37.32 Minnesota organic advisory task force, created in section 37.33 31.95; 37.34 Public programs risk adjustment work group, created in 37.35 section 62Q.03; 37.36 Workers' compensation self-insurers' advisory committee, 38.1 created in section 79A.02; 38.2 Youth corps advisory committee, created in section 84.0887; 38.3 Iron range off-highway vehicle advisory committee, created 38.4 in section 85.013; 38.5 Mineral coordinating committee, created in section 93.002; 38.6 Game and fish fund citizen advisory committees, created in 38.7 section 97A.055; 38.8 Wetland heritage advisory committee, created in section 38.9 103G.2242; 38.10 Wastewater treatment technical advisory committee, created 38.11 in section 115.54; 38.12 Solid waste management advisory council, created in section 38.13 115A.12; 38.14 Nuclear waste council, created in section 116C.711; 38.15 Genetically engineered organism advisory committee, created 38.16 in section 116C.93; 38.17 Environment and natural resources trust fund advisory 38.18 committee, created in section 116P.06; 38.19 Child abuse prevention advisory council, created in section 38.20 119A.13; 38.21 Chemical abuse and violence prevention council, created in 38.22 section 119A.293; 38.23 Youth neighborhood centers advisory board, created in 38.24 section 119A.295; 38.25 Interagency coordinating council, created in section 38.26 125A.28, expires June 30, 1999; 38.27 Desegregation/integration advisory board, created in 38.28 section 124D.892; 38.29 Nonpublic education council, created in section 123B.445; 38.30 Permanent school fund advisory committee, created in 38.31 section 127A.30; 38.32 Indian scholarship committee, created in section 124D.84, 38.33 subdivision 2; 38.34 American Indian education committees, created in section 38.35 124D.80; 38.36 Summer scholarship advisory committee, created in section 39.1 124D.95; 39.2 Multicultural education advisory committee, created in 39.3 section 124D.894; 39.4 Male responsibility and fathering grants review committee, 39.5 created in section 124D.33; 39.6 Library for the blind and physically handicapped advisory 39.7 committee, created in section 134.31; 39.8 Higher education advisory council, created in section 39.9 136A.031; 39.10 Student advisory council, created in section 136A.031; 39.11 Cancer surveillance advisory committee, created in section 39.12 144.672; 39.13 Maternal and child health task force, created in section 39.14 145.881; 39.15 State community health advisory committee, created in 39.16 section 145A.10; 39.17Mississippi River Parkway commission, created in section39.18161.1419;39.19 School bus safety advisory committee, created in section 39.20 169.435; 39.21 Advisory council on workers' compensation, created in 39.22 section 175.007; 39.23 Code enforcement advisory council, created in section 39.24 175.008; 39.25 Medical services review board, created in section 176.103; 39.26 Apprenticeship advisory council, created in section 178.02; 39.27 OSHA advisory council, created in section 182.656; 39.28 Health professionals services program advisory committee, 39.29 created in section 214.32; 39.30 Rehabilitation advisory council for the blind, created in 39.31 section 248.10; 39.32 American Indian advisory council, created in section 39.33 254A.035; 39.34 Alcohol and other drug abuse advisory council, created in 39.35 section 254A.04; 39.36 Medical assistance drug formulary committee, created in 40.1 section 256B.0625; 40.2 Home care advisory committee, created in section 256B.071; 40.3 Preadmission screening, alternative care, and home and 40.4 community-based services advisory committee, created in section 40.5 256B.0911; 40.6 Traumatic brain injury advisory committee, created in 40.7 section 256B.093; 40.8 Minnesota commission serving deaf and hard-of-hearing 40.9 people, created in section 256C.28; 40.10 American Indian child welfare advisory council, created in 40.11 section 260.835; 40.12 Juvenile justice advisory committee, created in section 40.13 268.29; 40.14 Northeast Minnesota economic development fund technical 40.15 advisory committees, created in section 298.2213; 40.16 Iron range higher education committee, created in section 40.17 298.2214; 40.18 Northeast Minnesota economic protection trust fund 40.19 technical advisory committee, created in section 298.297; 40.20 Advisory council on battered women and domestic abuse, 40.21 created in section 611A.34. 40.22 Sec. 39. Minnesota Statutes 2000, section 15.50, 40.23 subdivision 2, is amended to read: 40.24 Subd. 2. [CAPITOL AREA PLAN.] (a) The board shall prepare, 40.25 prescribe, and from time to time, after a public hearing, amend 40.26 a comprehensive use plan for the capitol area, called the area 40.27 in this subdivision, which consists of that portion of the city 40.28 of Saint Paul comprehended within the following boundaries: 40.29 Beginning at the point of intersection of the center line of the 40.30 Arch-Pennsylvania freeway and the center line of Marion Street, 40.31 thence southerly along the center line of Marion Street extended 40.32 to a point 50 feet south of the south line of Concordia Avenue, 40.33 thence southeasterly along a line extending 50 feet from the 40.34 south line of Concordia Avenue to a point 125 feet from the west 40.35 line of John Ireland Boulevard, thence southwesterly along a 40.36 line extending 125 feet from the west line of John Ireland 41.1 Boulevard to the south line of Dayton Avenue, thence 41.2 northeasterly from the south line of Dayton Avenue to the west 41.3 line of John Ireland Boulevard, thence northeasterly to the 41.4 center line of the intersection of Old Kellogg Boulevard and 41.5 Summit Avenue, thence northeasterly along the center line of 41.6 Summit Avenue to the center line of the new West Kellogg 41.7 Boulevard, thence southerly along the east line of the new West 41.8 Kellogg Boulevard, to the center line of West Seventh Street, 41.9 thence northeasterly along the center line of West Seventh 41.10 Street to the center line of the Fifth Street ramp, thence 41.11 northwesterly along the center line of the Fifth Street ramp to 41.12 the east line of the right-of-way of Interstate Highway 35-E, 41.13 thence northeasterly along the east line of the right-of-way of 41.14 Interstate Highway 35-E to the south line of the right-of-way of 41.15 Interstate Highway 94, thence easterly along the south line of 41.16 the right-of-way of Interstate Highway 94 to the west line of 41.17 St. Peter Street, thence southerly to the south line of Exchange 41.18 Street, thence easterly along the south line of Exchange Street 41.19 to the west line of Cedar Street, thence northerly along the 41.20 west line of Cedar Street to the center line of Tenth Street, 41.21 thence northeasterly along the center line of Tenth Street to 41.22 the center line of Minnesota Street, thence northwesterly along 41.23 the center line of Minnesota Street to the center line of 41.24 Eleventh Street, thence northeasterly along the center line of 41.25 Eleventh Street to the center line of Jackson Street, thence 41.26 northwesterly along the center line of Jackson Street to the 41.27 center line of the Arch-Pennsylvania freeway extended, thence 41.28 westerly along the center line of the Arch-Pennsylvania freeway 41.29 extended and Marion Street to the point of origin. 41.30 Under the comprehensive plan, or a portion of it, the board 41.31 may regulate, by means of zoning rules adopted under the 41.32 Administrative Procedure Act, the kind, character, height, and 41.33 location, of buildings and other structures constructed or used, 41.34 the size of yards and open spaces, the percentage of lots that 41.35 may be occupied, and the uses of land, buildings and other 41.36 structures, within the area. To protect and enhance the 42.1 dignity, beauty, and architectural integrity of the capitol 42.2 area, the board is further empowered to include in its zoning 42.3 rules design review procedures and standards with respect to any 42.4 proposed construction activities in the capitol area 42.5 significantly affecting the dignity, beauty, and architectural 42.6 integrity of the area. No person may undertake these 42.7 construction activities as defined in the board's rules in the 42.8 capitol area without first submitting construction plans to the 42.9 board, obtaining a zoning permit from the board, and receiving a 42.10 written certification from the board specifying that the person 42.11 has complied with all design review procedures and standards. 42.12 Violation of the zoning rules is a misdemeanor. The board may, 42.13 at its option, proceed to abate any violation by injunction. 42.14 The board and the city of Saint Paul shall cooperate in assuring 42.15 that the area adjacent to the capitol area is developed in a 42.16 manner that is in keeping with the purpose of the board and the 42.17 provisions of the comprehensive plan. 42.18 (b) The commissioner of administration shall act as a 42.19 consultant to the board with regard to the physical structural 42.20 needs of the state. The commissioner shall make studies and 42.21 report the results to the board when it requests reports for its 42.22 planning purpose. 42.23 (c) No public building, street, parking lot, or monument, 42.24 or other construction may be built or altered on any public 42.25 lands within the area unless the plans for the project conform 42.26 to the comprehensive use plan as specified in paragraph (d) and 42.27 to the requirement for competitive plans as specified in 42.28 paragraph (e). No alteration substantially changing the 42.29 external appearance of any existing public building approved in 42.30 the comprehensive plan or the exterior or interior design of any 42.31 proposed new public building the plans for which were secured by 42.32 competition under paragraph (e) may be made without the prior 42.33 consent of the board. The commissioner of administration shall 42.34 consult with the board regarding internal changes having the 42.35 effect of substantially altering the architecture of the 42.36 interior of any proposed building. 43.1 (d) The comprehensive plan must show the existing land uses 43.2 and recommend future uses including: areas for public taking 43.3 and use; zoning for private land and criteria for development of 43.4 public land, including building areas, open spaces, monuments, 43.5 and other memorials; vehicular and pedestrian circulation; 43.6 utilities systems; vehicular storage; elements of landscape 43.7 architecture. No substantial alteration or improvement may be 43.8 made to public lands or buildings in the area without the 43.9 written approval of the board. 43.10 (e) The board shall secure by competitions plans for any 43.11 new public building. Plans for any comprehensive plan, 43.12 landscaping scheme, street plan, or property acquisition that 43.13 may be proposed, or for any proposed alteration of any existing 43.14 public building, landscaping scheme or street plan may be 43.15 secured by a similar competition. A competition must be 43.16 conducted under rules prescribed by the board and may be of any 43.17 type which meets the competition standards of the American 43.18 Institute of Architects. Designs selected become the property 43.19 of the state of Minnesota, and the board may award one or more 43.20 premiums in each competition and may pay the costs and fees that 43.21 may be required for its conduct. At the option of the board, 43.22 plans for projects estimated to cost less than $1,000,000 may be 43.23 approved without competition provided the plans have been 43.24 considered by the advisory committee described in paragraph 43.25 (h). Plans for projects estimated to cost less than $400,000 43.26 and for construction of streets need not be considered by the 43.27 advisory committee if in conformity with the comprehensive plan. 43.28 (f) Notwithstanding paragraph (e), an architectural 43.29 competition is not required for the design of any light rail 43.30 transit station and alignment within the capitol area. The 43.31 board and its advisory committee shall select a preliminary 43.32 design for any transit station in the capitol area. Each stage 43.33 of any station's design through working drawings must be 43.34 reviewed by the board's advisory committee and approved by the 43.35 board to ensure that the station's design is compatible with the 43.36 comprehensive plan for the capitol area and the board's design 44.1 criteria. The guideway and track design of any light rail 44.2 transit alignment within the capitol area must also be reviewed 44.3 by the board's advisory committee and approved by the board. 44.4 (g) Of the amount available for the light rail transit 44.5 design, adequate funds must be available to the board for design 44.6 framework studies and review of preliminary plans for light rail 44.7 transit alignment and stations in the capitol area. 44.8 (h) The board may not adopt any plan under paragraph (e) 44.9 unless it first receives the comments and criticism of an 44.10 advisory committee of three persons, each of whom is either an 44.11 architect or a planner, who have been selected and appointed as 44.12 follows: one by the board of the arts, one by the board, and 44.13 one by the Minnesota Society of the American Institute of 44.14 Architects. Members of the committee may not be contestants 44.15 under paragraph (e). The comments and criticism must be a 44.16 matter of public information. The committee shall advise the 44.17 board on all architectural and planning matters. For that 44.18 purpose, the committee must be kept currently informed 44.19 concerning, and have access to, all data, including all plans, 44.20 studies, reports and proposals, relating to the area as the data 44.21 are developed or in the process of preparation, whether by the 44.22 commissioner of administration, the commissioner of trade and 44.23 economic development, the metropolitan council, the city of 44.24 Saint Paul, or by any architect, planner, agency or 44.25 organization, public or private, retained by the board or not 44.26 retained and engaged in any work or planning relating to the 44.27 area, and a copy of any data prepared by any public employee or 44.28 agency must be filed with the board promptly upon completion. 44.29 The board may employ stenographic or technical help that 44.30 may be reasonable to assist the committee to perform its duties. 44.31 When so directed by the board, the committee may serve as, 44.32 and any member or members of the committee may serve on, the 44.33 jury or as professional advisor for any architectural 44.34 competition, and the board shall select the architectural 44.35 advisor and jurors for any competition with the advice of the 44.36 committee. 45.1 The city of Saint Paul shall advise the board. 45.2 (i) The comprehensive plan for the area must be developed 45.3 and maintained in close cooperation with the commissioner of 45.4 trade and economic development, the planning department and the 45.5 council for the city of Saint Paul, and the board of the arts, 45.6 and no plan or amendment of a plan may be effective without 90 45.7 days' notice to the planning department of the city of Saint 45.8 Paul and the board of the arts and without a public hearing with 45.9 opportunity for public testimony. 45.10 (j) The board and the commissioner of administration, 45.11 jointly, shall prepare, prescribe, and from time to time revise 45.12 standards and policies governing the repair, alteration, 45.13 furnishing, appearance, and cleanliness of the public and 45.14 ceremonial areas of the state capitol building. The board shall 45.15 consult with and receive advice from the director of the 45.16 Minnesota state historical society regarding the historic 45.17 fidelity of plans for the capitol building. The standards and 45.18 policies developed under this paragraph are binding upon the 45.19 commissioner of administration. The provisions of chapter 14, 45.20 including section 14.386, do not apply to this paragraph. 45.21 (k) The board in consultation with the commissioner of 45.22 administration shall prepare and submit to the legislature and 45.23 the governor no later than October 1 of each even-numbered year 45.24 a report on the status of implementation of the comprehensive 45.25 plan together with a program for capital improvements and site 45.26 development, and the commissioner of administration shall 45.27 provide the necessary cost estimates for the program. The board 45.28 shall report any changes to the comprehensive plan adopted by 45.29 the board to the committee on governmental operations and 45.30 gambling of the house of representatives and the committee on 45.31 governmental operations and reform of the senate and upon 45.32 request shall provide testimony concerning the changes. The 45.33 board shall also provide testimony to the legislature on 45.34 proposals for memorials in the capitol area as to their 45.35 compatibility with the standards, policies, and objectives of 45.36 the comprehensive plan. 46.1 (l) The state shall, by the attorney general upon the 46.2 recommendation of the board and within appropriations available 46.3 for that purpose, acquire by gift, purchase, or eminent domain 46.4 proceedings any real property situated in the area described in 46.5 this section, and it may also acquire an interest less than a 46.6 fee simple interest in the property, if it finds that the 46.7 property is needed for future expansion or beautification of the 46.8 area. 46.9 (m) The board is the successor of the state veterans 46.10 service building commission, and as such may adopt rules and may 46.11 reenact the rules adopted by its predecessor under Laws 1945, 46.12 chapter 315, and amendments to it. 46.13 (n) The board shall meet at the call of the chair and at 46.14 such other times as it may prescribe. 46.15 (o) The commissioner of administration shall assign 46.16 quarters in the state veterans service building to (1) the 46.17 department of veterans affairs, of which a part that the 46.18 commissioner of administration and commissioner of veterans 46.19 affairs may mutually determine must be on the first floor above 46.20 the ground, and (2) the American Legion, Veterans of Foreign 46.21 Wars, Disabled American Veterans, Military Order of the Purple 46.22 Heart, United Spanish War Veterans, and Veterans of World War I, 46.23 and their auxiliaries, incorporated, or when incorporated, under 46.24 the laws of the state, and (3) as space becomes available, to 46.25 other state departments and agencies as the commissioner may 46.26 deem desirable. 46.27 Sec. 40. Minnesota Statutes 2000, section 15.50, is 46.28 amended by adding a subdivision to read: 46.29 Subd. 2b. [COMPUTER SYSTEMS.] The commissioner of 46.30 administration must provide, at no charge, the board's 46.31 connections to state computer networks and other support for the 46.32 board's computer systems. 46.33 Sec. 41. Minnesota Statutes 2000, section 15A.0815, 46.34 subdivision 1, is amended to read: 46.35 Subdivision 1. [SALARY LIMITS.] The governor or other 46.36 appropriate appointing authority shall set the salary rates for 47.1 positions listed in this section within the salary limits listed 47.2 in subdivisions 2 to 4, subject to approval of the legislative 47.3 coordinating commission and the legislature as provided 47.4 by subdivision 5 and sections 3.855,and 15A.081, subdivision 7b 47.5, and 43A.18, subdivision 5. 47.6 Sec. 42. Minnesota Statutes 2000, section 15A.0815, is 47.7 amended by adding a subdivision to read: 47.8 Subd. 5. [APPOINTING AUTHORITIES TO RECOMMEND CERTAIN 47.9 SALARIES.] (a) The governor, or other appropriate appointing 47.10 authority, may submit to the legislative coordinating commission 47.11 recommendations for salaries within the salary limits for the 47.12 positions listed in subdivisions 2 to 4. An appointing 47.13 authority may also propose additions or deletions of positions 47.14 from those listed. 47.15 (b) Before submitting the recommendations, the appointing 47.16 authority shall consult with the commissioner of employee 47.17 relations concerning the recommendations. 47.18 (c) In making recommendations, the appointing authority 47.19 shall consider the criteria established in section 43A.18, 47.20 subdivision 8, and the performance of individual incumbents. 47.21 The performance evaluation must include a review of an 47.22 incumbent's progress toward attainment of affirmative action 47.23 goals. The appointing authority shall establish an objective 47.24 system for quantifying knowledge, abilities, duties, 47.25 responsibilities, and accountabilities, and in determining 47.26 recommendations, rate each position by this system. 47.27 (d) Before the appointing authority's recommended salaries 47.28 take effect, the recommendations must be reviewed and approved, 47.29 rejected, or modified by the legislative coordinating commission 47.30 and the legislature under section 3.855, subdivisions 2 and 3. 47.31 If, when the legislature is not in session, the commission fails 47.32 to reject or modify salary recommendations of the governor 47.33 within 30 calendar days of their receipt, the recommendations 47.34 are deemed to be approved. 47.35 (e) The appointing authority shall set the initial salary 47.36 of a head of a new agency or a chair of a new metropolitan board 48.1 or commission whose salary is not specifically prescribed by law 48.2 after consultation with the commissioner, whose recommendation 48.3 is advisory only. The amount of the new salary must be 48.4 comparable to the salary of an agency head or commission chair 48.5 having similar duties and responsibilities. 48.6 (f) The salary of a newly appointed head of an agency or 48.7 chair of a metropolitan agency listed in subdivisions 2 to 4, 48.8 may be increased or decreased by the appointing authority from 48.9 the salary previously set for that position within 30 days of 48.10 the new appointment after consultation with the commissioner. 48.11 If the appointing authority increases a salary under this 48.12 paragraph, the appointing authority shall submit the new salary 48.13 to the legislative coordinating commission and the full 48.14 legislature for approval, modification, or rejection under 48.15 section 3.855, subdivisions 2 and 3. If, when the legislature 48.16 is not in session, the commission fails to reject or modify 48.17 salary recommendations of the governor within 30 calendar days 48.18 of their receipt, the recommendations are deemed to be approved. 48.19 Sec. 43. Minnesota Statutes 2000, section 16A.06, is 48.20 amended by adding a subdivision to read: 48.21 Subd. 10. [TECHNOLOGY BUDGET BOOK.] The department shall 48.22 prepare a separate budget book for each biennium beginning July 48.23 1, 2003, containing all of the administration's technology 48.24 initiatives. The book shall also include a complete inventory 48.25 of state-owned and leased technology, along with a projected 48.26 replacement schedule. The inventory shall include information 48.27 on how the technology fits into the state's master plan. 48.28 Sec. 44. Minnesota Statutes 2000, section 16A.10, is 48.29 amended by adding a subdivision to read: 48.30 Subd. 1c. [PERFORMANCE MEASURES FOR CHANGE ITEMS.] For 48.31 each change item in the budget proposal requesting new or 48.32 increased funding, the budget document must present proposed 48.33 performance measures that can be used to determine if the new or 48.34 increased funding is accomplishing its goals. 48.35 Sec. 45. Minnesota Statutes 2000, section 16A.11, 48.36 subdivision 6, is amended to read: 49.1 Subd. 6. [BUILDING MAINTENANCE.] The detailed operating 49.2 budget must include amounts necessary to maintain state 49.3 buildings. The commissioner of finance, in consultation with 49.4 the commissioner of administration, the board of trustees of the 49.5 Minnesota state colleges and universities, and the regents of 49.6 the University of Minnesota, shall establish budget guidelines 49.7 for building maintenance appropriations.Unless otherwise49.8provided by the commissioner of finance, the amount to be49.9budgeted each year for building maintenance is two percent of49.10the cost of the building, adjusted up or down depending on the49.11age and condition of the building.49.12 Sec. 46. [16A.1286] [STATEWIDE SYSTEMS ACCOUNT.] 49.13 Subdivision 1. [CONTINUATION.] The statewide systems 49.14 account is a separate account in the general fund. All money 49.15 resulting from billings for statewide systems services must be 49.16 deposited in the account. For the purposes of this section, 49.17 statewide systems includes the state accounting system, payroll 49.18 system, human resources systems, procurement system, and related 49.19 information access systems. 49.20 Subd. 2. [BILLING PROCEDURES.] The commissioner may bill 49.21 up to $7,520,000 in each fiscal year for statewide systems 49.22 services provided to state agencies, judicial branch agencies, 49.23 the University of Minnesota, the Minnesota state colleges and 49.24 universities, and other entities. Billing must be based only on 49.25 usage of services relating to statewide systems provided by the 49.26 intertechnologies division. Each agency shall transfer from 49.27 agency operating appropriations to the statewide systems account 49.28 the amount billed by the commissioner. Billing policies and 49.29 procedures related to statewide systems services must be 49.30 developed by the commissioner in consultation with the 49.31 commissioners of employee relations and administration, the 49.32 University of Minnesota, and the Minnesota state colleges and 49.33 universities. 49.34 Subd. 3. [APPROPRIATION.] Money transferred into the 49.35 account is appropriated to the commissioner to pay for statewide 49.36 systems services during the biennium in which it is appropriated. 50.1 Sec. 47. [16A.151] [PROCEEDS OF LITIGATION OR SETTLEMENT.] 50.2 Subdivision 1. [STATE FUNDS; GENERAL FUND.] (a) This 50.3 subdivision applies, notwithstanding any law to the contrary, 50.4 except as provided in subdivision 2. 50.5 (b) A state official may not commence, pursue, or settle 50.6 litigation, or settle a matter that could have resulted in 50.7 litigation, in a manner that would result in money being 50.8 distributed to a person or entity other than the state. 50.9 (c) Money recovered by a state official in litigation or in 50.10 settlement of a matter that could have resulted in litigation is 50.11 state money and must be deposited in the general fund. 50.12 Subd. 2. [EXCEPTIONS.] (a) If a state official litigates 50.13 or settles a matter on behalf of specific injured persons or 50.14 entities, this section does not prohibit distribution of money 50.15 to the specific injured persons or entities on whose behalf the 50.16 litigation or settlement efforts were initiated. If money 50.17 recovered on behalf of injured persons or entities cannot 50.18 reasonably be distributed to those persons or entities because 50.19 they cannot readily be located or identified or because the cost 50.20 of distributing the money would outweigh the benefit to the 50.21 persons or entities, the money must be paid into the general 50.22 fund. 50.23 (b) Money recovered on behalf of a fund in the state 50.24 treasury other than the general fund may be deposited in that 50.25 fund. 50.26 (c) This section does not prohibit a state official from 50.27 distributing money to a person or entity other than the state in 50.28 litigation or potential litigation in which the state is a 50.29 defendant or potential defendant. 50.30 Subd. 3. [DEFINITIONS.] For purposes of this section: 50.31 (1) "litigation" includes civil, criminal, and 50.32 administrative actions; 50.33 (2) "money recovered" includes actual damages, punitive or 50.34 exemplary damages, statutory damages, and civil and criminal 50.35 penalties; and 50.36 (3) "state official" means the attorney general, another 51.1 constitutional officer, an agency, or an agency employee, acting 51.2 in official capacity. 51.3 Sec. 48. Minnesota Statutes 2000, section 16A.152, 51.4 subdivision 4, is amended to read: 51.5 Subd. 4. [REDUCTIONDEFICIT REMEDIES.](a)If the 51.6 commissioner determines that probable receipts for the general 51.7 fund will be less than anticipated, and that the amount 51.8 available for the remainder of the biennium will be less than 51.9 needed, the commissioner shall, with the approval of the51.10governor, and after consulting the legislative advisory51.11commission, reduce the amount in the budget reserve account as51.12needed to balance expenditures with revenue.51.13(b) An additional deficit shall, with the approval of the51.14governor, and after consulting the legislative advisory51.15commission, be made up by reducing unexpended allotments of any51.16prior appropriation or transfer. Notwithstanding any other law51.17to the contrary, the commissioner is empowered to defer or51.18suspend prior statutorily created obligations which would51.19prevent effecting such reductions.51.20(c) If the commissioner determines that probable receipts51.21for any other fund, appropriation, or item will be less than51.22anticipated, and that the amount available for the remainder of51.23the term of the appropriation or for any allotment period will51.24be less than needed, the commissioner shall notify the agency51.25concerned and then reduce the amount allotted or to be allotted51.26so as to prevent a deficit.51.27(d) In reducing allotments, the commissioner may consider51.28other sources of revenue available to recipients of state51.29appropriations and may apply allotment reductions based on all51.30sources of revenue available.51.31(e) In like manner, the commissioner shall reduce51.32allotments to an agency by the amount of any saving that can be51.33made over previous spending plans through a reduction in prices51.34or other causeproceed, in alphabetical order to the extent 51.35 necessary, with the remedies in the paragraphs in this 51.36 subdivision. 52.1 (a) [USE SAVINGS.] The commissioner shall first reduce 52.2 allotments to an agency by the amount of any savings that can be 52.3 made over previous spending plans through a reduction in prices 52.4 or other cause. 52.5 (b) [USE OTHER SOURCES.] The commissioner shall next 52.6 consider other sources of revenue available to recipients of 52.7 state appropriations and may apply allotment reductions based on 52.8 all sources of revenue available. 52.9 (c) [REDUCE BUDGET RESERVE ACCOUNT; GENERAL FUND.] With 52.10 the approval of the governor, and after consulting with the 52.11 legislative advisory commission, the commissioner may reduce the 52.12 amount in the budget reserve account as needed to balance 52.13 expenditures with revenue. 52.14 (d) [TEN PERCENT ALLOTMENT REDUCTION.] The commissioner 52.15 shall, with the approval of the governor, reduce state agencies' 52.16 allotments for unencumbered, unobligated operating expenditures 52.17 and discretionary grants up to ten percent of total authorized 52.18 spending for the biennium. 52.19 (e) [NEW, EXPANDED, OR FUTURE PROGRAMS.] The commissioner 52.20 may, with the approval of the governor, reduce or delay 52.21 unencumbered and unobligated allotments for appropriations for 52.22 spending authorizations that represent new or expanded programs 52.23 or program eligibility that have future implementation dates. 52.24 (f) [REDUCE UNEXPENDED ALLOTMENTS; OTHER FUNDS.] If the 52.25 commissioner determines that probable receipts for any other 52.26 fund, appropriation, or item will be less than anticipated, and 52.27 that the amount available for the remainder of the term of the 52.28 appropriation or for any allotment period will be less than 52.29 needed, the commissioner shall notify the agency concerned and 52.30 then reduce the amount allotted or to be allotted so as to 52.31 prevent a deficit. 52.32 Sec. 49. Minnesota Statutes 2000, section 16A.152, 52.33 subdivision 7, is amended to read: 52.34 Subd. 7. [DELAY; REDUCTION.] The commissioner may delay 52.35 paying up to 15 percent of an appropriation to a special taxing 52.36 district or a system of higher education in that entity's fiscal 53.1 year for up to 60 days after the start of its next fiscal year. 53.2 The delayed amount is subject to allotment reduction under 53.3 subdivision14. 53.4 Sec. 50. Minnesota Statutes 2000, section 16B.58, is 53.5 amended by adding a subdivision to read: 53.6 Subd. 6a. [PARKING RESTRICTIONS.] Notwithstanding 53.7 subdivision 6: 53.8 (1) parking is prohibited on the terraces adjacent to the 53.9 carriage entrance on the south side of the capitol building; 53.10 (2) the ten parking spaces on Aurora Avenue closest to the 53.11 main entrance of the capitol building must be reserved for 53.12 parking by physically disabled persons displaying a certificate 53.13 issued under section 169.345; and 53.14 (3) the remainder of the parking spaces on Aurora Avenue 53.15 must be reserved for the general public during legislative 53.16 sessions. 53.17 Sec. 51. Minnesota Statutes 2000, section 16B.60, 53.18 subdivision 3, is amended to read: 53.19 Subd. 3. [MUNICIPALITY.] "Municipality" means a city, 53.20 county, or townmeeting the requirements of section 368.01,53.21subdivision 1, the University of Minnesota, or the state for 53.22 public buildings and state licensed facilities. 53.23 Sec. 52. Minnesota Statutes 2000, section 16B.60, is 53.24 amended by adding a subdivision to read: 53.25 Subd. 12. [DESIGNATE.] "Designate" means the formal 53.26 designation by a municipality's administrative authority of a 53.27 certified building official accepting responsibility for code 53.28 administration. 53.29 Sec. 53. Minnesota Statutes 2000, section 16B.60, is 53.30 amended by adding a subdivision to read: 53.31 Subd. 13. [ADMINISTRATIVE AUTHORITY.] "Administrative 53.32 authority" means a municipality's governing body or their 53.33 assigned administrative authority. 53.34 Sec. 54. Minnesota Statutes 2000, section 16B.61, 53.35 subdivision 1, is amended to read: 53.36 Subdivision 1. [ADOPTION OF CODE.] Subject to sections 54.1 16B.59 to 16B.75, the commissioner shall by rule establish a 54.2 code of standards for the construction, reconstruction, 54.3 alteration, and repair of buildings, governing matters of 54.4 structural materials, design and construction, fire protection, 54.5 health, sanitation, and safety, including design and 54.6 construction standards regarding heat loss control, 54.7 illumination, and climate control. The code must also include 54.8 duties and responsibilities for code administration, including 54.9 procedures for administrative action, penalties, and suspension 54.10 and revocation of certification. The code must conform insofar 54.11 as practicable to model building codes generally accepted and in 54.12 use throughout the United States, including a code for building 54.13 conservation. In the preparation of the code, consideration 54.14 must be given to the existing statewide specialty codes 54.15 presently in use in the state. Model codes with necessary 54.16 modifications and statewide specialty codes may be adopted by 54.17 reference. The code must be based on the application of 54.18 scientific principles, approved tests, and professional 54.19 judgment. To the extent possible, the code must be adopted in 54.20 terms of desired results instead of the means of achieving those 54.21 results, avoiding wherever possible the incorporation of 54.22 specifications of particular methods or materials. To that end 54.23 the code must encourage the use of new methods and new 54.24 materials. Except as otherwise provided in sections 16B.59 to 54.25 16B.75, the commissioner shall administer and enforce the 54.26 provisions of those sections. 54.27 Sec. 55. Minnesota Statutes 2000, section 16B.65, is 54.28 amended to read: 54.29 16B.65 [BUILDING OFFICIALS.] 54.30 Subdivision 1. [APPOINTMENTSDESIGNATION.]The governing54.31body ofBy January 1, 2002, each municipality shall, unless54.32other means are already provided, appointdesignate a building 54.33 official to administer the code. A municipality may designate 54.34 no more than one building official responsible for code 54.35 administration defined by each certification category 54.36 established in rule. Two or more municipalities may combine in 55.1 theappointmentdesignation of asinglebuilding official for 55.2 the purpose of administering the provisions of the code within 55.3 their communities. In those municipalities for which no 55.4 building officials have beenappointeddesignated, the state 55.5 building official, with the approval of the commissioner, may55.6appoint building officials to serve until the municipalities55.7have made an appointment. If unable to make an appointment, the55.8state building officialmay use whichever state employeesor55.9state agenciesare necessary to perform the duties of the 55.10 building official until the municipality makes a temporary or 55.11 permanent designation. All costs incurred by virtue ofan55.12appointment by the state building official orthese services 55.13 rendered by state employees must be borne by the involved 55.14 municipality.and receipts arising fromthe appointmentthese 55.15 services must be paid into the state treasury and credited to 55.16 thespecial revenuegeneral fund. 55.17 Subd. 2. [QUALIFICATIONS.] A building official, to be 55.18 eligible forappointmentdesignation, must be certified and have 55.19 the experience in design, construction, and supervision which 55.20 the commissioner deems necessary and must be generally informed 55.21 on the quality and strength of building materials, accepted 55.22 building construction requirements, and the nature of equipment 55.23 and needs conducive to the safety, comfort, and convenience of 55.24 building occupants.Each building official must be certified55.25under this section, except that the qualifications outlined in55.26this section are not mandatory regarding any building official55.27in any municipality engaged in the administration of a building55.28code on May 27, 1971, and continuing that function through July55.291, 1972No person may be designated as a building official for a 55.30 municipality unless the commissioner determines that the 55.31 official is qualified as provided in subdivision 3. 55.32 Subd. 3. [CERTIFICATION.] The commissioner shall: 55.33 (1) prepare and conduct written and practical examinations 55.34 to determine if a person is qualified pursuant to subdivision 2 55.35 to be a building official; 55.36 (2) accept documentation of successful completion of 56.1 testing programs developed by nationally recognized testing 56.2 agencies, as proof of qualification pursuant to subdivision 2; 56.3 or 56.4 (3) determine qualifications by both clauses (1) and (2). 56.5 Upon a determination of qualification under clause (1), 56.6 (2), or both of them, the commissioner shall issue a certificate 56.7 to the building official stating that the official is 56.8 certified. Each person applying for examination and 56.9 certification pursuant to this section shall pay a nonrefundable 56.10 fee of $70. The commissioner or a designee may establish 56.11classescategories of certification that will recognize the 56.12 varying complexities of code enforcement in the municipalities 56.13 within the state.Except as provided by subdivision 2, no56.14person may act as a building official for a municipality unless56.15the commissioner determines that the official is qualified.The 56.16 commissioner shall provide educational programs designed to 56.17 train and assist building officials in carrying out their 56.18 responsibilities. 56.19 The department of employee relations may, at the request of 56.20 the commissioner, provide statewide testing services. 56.21 Subd. 4. [DUTIES.] Building officials shall, in the 56.22 municipality for which they areappointeddesignated,attend to56.23 be responsible for all aspects of code administration for which 56.24 they are certified, including the issuance of all building 56.25 permits and the inspection of all manufactured home 56.26 installations. The commissioner may direct a municipality with 56.27 a building official to perform services for another 56.28 municipality, and in that event the municipality being served 56.29 shall pay the municipality rendering the services the reasonable 56.30 costs of the services. The costs may be subject to approval by 56.31 the commissioner. 56.32 Subd. 5. [REMOVAL FROM OFFICEOVERSIGHT COMMITTEE.]Except56.33as otherwise provided for by law the commissioner may, upon56.34notice and hearing, direct the dismissal of a building official56.35when it appears to the commissioner by competent evidence that56.36the building official has consistently failed to act in the57.1public interest in the performance of duties. Notice must be57.2provided and the hearing conducted in accordance with the57.3provisions of chapter 14 governing contested case proceedings.57.4Nothing in this subdivision limits or otherwise affects the57.5authority of a municipality to dismiss or suspend a building57.6official at its discretion, except as otherwise provided for by57.7law.(a) The commissioner shall establish a code administration 57.8 oversight committee to evaluate, mediate, and recommend to the 57.9 commissioner any administrative action, penalty, suspension, or 57.10 revocation with respect to complaints filed with or information 57.11 received by the commissioner alleging or indicating the 57.12 unauthorized performance of official duties or unauthorized use 57.13 of the title certified building official, or a violation of 57.14 statute, rule, or order that the commissioner has issued or is 57.15 empowered to enforce. The committee consists of five certified 57.16 building officials, at least two of whom must be from 57.17 nonmetropolitan counties. Committee members must be compensated 57.18 according to section 15.059, subdivision 3. The commissioner's 57.19 designee shall act as an ex-officio member of the oversight 57.20 committee. 57.21 (b) If the commissioner has a reasonable basis to believe 57.22 that a person has engaged in an act or practice constituting the 57.23 unauthorized performance of official duties, the unauthorized 57.24 use of the title certified building official, or a violation of 57.25 a statute, rule, or order that the commissioner has issued or is 57.26 empowered to enforce, the commissioner may proceed with 57.27 administrative actions or penalties as described in subdivision 57.28 6 or suspension or revocation as described in subdivision 7. 57.29 Subd. 6. [ADMINISTRATIVE ACTION AND PENALTIES.] The 57.30 commissioner shall, by rule, establish a graduated schedule of 57.31 administrative actions for violations of sections 16B.59 to 57.32 16B.75 and rules adopted under those sections. The schedule 57.33 must be based on and reflect the culpability, frequency, and 57.34 severity of the violator's actions. The commissioner may impose 57.35 a penalty from the schedule on a certification holder for a 57.36 violation of sections 16B.59 to 16B.75 and rules adopted under 58.1 those sections. The penalty is in addition to any criminal 58.2 penalty imposed for the same violation. Administrative monetary 58.3 penalties imposed by the commissioner must be paid to the 58.4 general fund. 58.5 Subd. 7. [SUSPENSION; REVOCATION.] Except as otherwise 58.6 provided for by law, the commissioner may, upon notice and 58.7 hearing, revoke or suspend or refuse to issue or reissue a 58.8 building official certification if the applicant, building 58.9 official, or certification holder: 58.10 (a) violates a provision of sections 16B.59 to 16B.75 or a 58.11 rule adopted under those sections; 58.12 (b) engages in fraud, deceit, or misrepresentation while 58.13 performing the duties of a certified building official; 58.14 (c) makes a false statement in an application submitted to 58.15 the commissioner or in a document required to be submitted to 58.16 the commissioner; or 58.17 (d) violates an order of the commissioner. 58.18 Notice must be provided and the hearing conducted in 58.19 accordance with the provisions of chapter 14 governing contested 58.20 case proceedings. Nothing in this subdivision limits or 58.21 otherwise affects the authority of a municipality to dismiss or 58.22 suspend a building official at its discretion, except as 58.23 otherwise provided for by law. 58.24 Subd.68. [VACANCIES.] In the event that acertified58.25 designated building officialvacates thatposition is vacant 58.26 within a municipality, that municipality shallappointdesignate 58.27 a certified building official to fill the vacancy as soon as 58.28 possible. The commissioner must be notified of any vacancy or 58.29 designation in writing within 15 days. If the municipality 58.30 fails toappointdesignate a certified building official within 58.319015 days of the occurrence of the vacancy, the state building 58.32 official maymake the appointment orprovide state employees to 58.33 serve that function as provided in subdivision 1 until the 58.34 municipality makes a temporary or permanent designation. 58.35 Municipalities must not issue permits without a designated 58.36 certified building official. 59.1 Subd.79. [CONTINUING EDUCATION.] Subject to sections 59.2 16B.59 to 16B.75, the commissioner may by rule establish or 59.3 approve continuing education programs for municipal building 59.4 officials dealing with matters of building code administration, 59.5 inspection, and enforcement. 59.6Effective January 1, 1985,Each person certified as a 59.7 building official for the state must satisfactorily complete 59.8 applicable educational programs established or approved by the 59.9 commissioner every three calendar years to retain certification. 59.10 Each person certified as a building official must submit in 59.11 writing to the commissioner an application for renewal of 59.12 certification within 60 days of the last day of the third 59.13 calendar year following the last certificate issued. Each 59.14 application for renewal must be accompanied by proof of 59.15 satisfactory completion of minimum continuing education 59.16 requirements and the certification renewal fee established by 59.17 the commissioner. 59.18For persons certified prior to January 1, 1985, the first59.19three-year period commences January 1, 1985.59.20 Sec. 56. Minnesota Statutes 2000, section 16B.70, 59.21 subdivision 2, is amended to read: 59.22 Subd. 2. [COLLECTION AND REPORTS.] All permit surcharges 59.23 must be collected by each municipality and a portion of them 59.24 remitted to the state. Each municipality having a population 59.25 greater than 20,000 people shall prepare and submit to the 59.26 commissioner once a month a report of fees and surcharges on 59.27 fees collected during the previous month but shall retain the 59.28 greater of two percent or that amount collected up to $25 to 59.29 apply against the administrative expenses the municipality 59.30 incurs in collecting the surcharges. All other municipalities 59.31 shall submit the report and surcharges on fees once a quarter 59.32 but shall retain the greater of four percent or that amount 59.33 collected up to $25 to apply against the administrative expenses 59.34 the municipalities incur in collecting the surcharges. The 59.35 report, which must be in a form prescribed by the commissioner, 59.36 must be submitted together with a remittance covering the 60.1 surcharges collected by the 15th day following the month or 60.2 quarter in which the surcharges are collected. All money 60.3 collected by the commissioner through surcharges and other fees 60.4 prescribed by sections 16B.59 to 16B.75 shall be deposited in 60.5 thestate government special revenue fund and is appropriated to60.6the commissioner for the purpose of administering and enforcing60.7the State Building Code under sections 16B.59 to 16B.75general 60.8 fund. 60.9 Sec. 57. Minnesota Statutes 2000, section 16B.76, 60.10 subdivision 1, is amended to read: 60.11 Subdivision 1. [MEMBERSHIP.] (a) The construction codes 60.12 advisory council consists of the following members: 60.13 (1) the commissioner of administration or the 60.14 commissioner's designee representing the department's building 60.15 codes and standards division; 60.16 (2) the commissioner of health or the commissioner's 60.17 designee representing an environmental health section of the 60.18 department; 60.19 (3) the commissioner of public safety or the commissioner's 60.20 designee representing the department's state fire marshal 60.21 division; 60.22 (4) the commissioner of public service or the 60.23 commissioner's designee representing the department's energy 60.24 regulation and resource management division; and 60.25 (5) one member representing each of the following 60.26 occupations or entities, appointed by the commissioner of 60.27 administration: 60.28 (i) a certified building official; 60.29 (ii) a fire service representative; 60.30 (iii) a licensed architect; 60.31 (iv) a licensed engineer; 60.32 (v) a building owners and managers representative; 60.33 (vi) a licensed residential building contractor; 60.34 (vii) a commercial building contractor; 60.35 (viii) a heating and ventilation contractor; 60.36 (ix) a plumbing contractor; 61.1 (x) a representative of a construction and building trades 61.2 union; and 61.3 (xi) a local unit of government representative. 61.4 (b) For members who are not state officials or employees, 61.5 terms, compensation, removal, and the filling of vacancies are 61.6 governed by section 15.059. The council shall select one of its 61.7 members to serve as chair. 61.8 (c) The council expires June 30,20012003. 61.9 Sec. 58. Minnesota Statutes 2000, section 16B.88, 61.10 subdivision 1, is amended to read: 61.11 Subdivision 1. [INFORMATION CENTER FOR VOLUNTEER 61.12 PROGRAMS.] (a) The office of citizenship and volunteer services 61.13 is under the supervision and administration of a director 61.14 appointed by thecommissionergovernor. The office shall: (1) 61.15 operate as a state information, technical assistance, and 61.16 promotion center for volunteer programs; and (2) promote and 61.17 facilitate citizen participation in local governance and public 61.18 problem solving. 61.19 (b) In furtherance of the mission in paragraph (a), clause 61.20 (2), the office shall: 61.21 (1) engage in education and other activities designed to 61.22 enhance the capacity of citizens to solve problems affecting 61.23 their communities; 61.24 (2) promote and support efforts by citizens, 61.25 community-based organizations, nonprofits, churches, and local 61.26 governments to collaborate in solving community problems; 61.27 (3) encourage local governments to provide increased 61.28 opportunities for citizen involvement in public decision making 61.29 and public problem solving; 61.30 (4) refer innovative approaches to encourage greater public 61.31 access to and involvement in state and local government 61.32 decisions to appropriate state and local government officials; 61.33 (5) encourage units of state and local government to 61.34 respond to citizen initiatives and ideas; 61.35 (6) promote processes for involving citizens in government 61.36 decisions; and 62.1 (7) recognize and publicize models of effective public 62.2 problem solving by citizens. 62.3 Sec. 59. [16B.9701] [PURCHASES OF MATERIALS MADE WITH 62.4 AMERICAN-MADE STEEL.] 62.5 Subdivision 1. [DEFINITIONS.] For purposes of this 62.6 section, the terms defined in paragraphs (a) to (c) have the 62.7 meanings given them: 62.8 (a) "materials" means goods, supplies, equipment, or other 62.9 tangible products or materials; 62.10 (b) "public agency" includes all state agencies, the state 62.11 legislative and judicial branches, any governmental unit as 62.12 defined in section 471.59, state colleges and universities, and 62.13 any contractor under a contract with a public agency; and 62.14 (c) "purchase" means acquire by purchase or lease. 62.15 Subd. 2. [REQUIREMENT.] Notwithstanding the provisions of 62.16 any other law to the contrary, no materials containing steel may 62.17 be purchased by a public agency for use for governmental 62.18 purposes unless the public agency gives first priority to 62.19 products containing steel produced in the United States. This 62.20 provision does not apply if the product containing steel 62.21 produced in the United States costs in excess of five percent 62.22 more than other products. To the extent possible, bid 62.23 specifications for the purchase of materials must be written so 62.24 as to permit the public agency to purchase materials in 62.25 compliance with this section. 62.26 Subd. 3. [EXEMPTION.] Subdivision 2 does not apply if the 62.27 person having contracting authority in respect to the purchase 62.28 determines that the materials containing steel are not 62.29 manufactured in the United States in sufficient or reasonably 62.30 available quantities. 62.31 Sec. 60. Minnesota Statutes 2000, section 16C.03, 62.32 subdivision 3, is amended to read: 62.33 Subd. 3. [ACQUISITION AUTHORITY.] The commissioner shall 62.34 acquire all goods, services, and utilities needed by agencies. 62.35 The commissioner shall acquire goods, services, and utilities by 62.36 requests for bids, requests for proposals, reverse auctions as 63.1 provided in section 16C.10, subdivision 7, or other methods 63.2 provided by law, unless a section of law requires a particular 63.3 method of acquisition to be used. The commissioner shall make 63.4 all decisions regarding acquisition activities. The 63.5 determination of the acquisition method and all decisions 63.6 involved in the acquisition process, unless otherwise provided 63.7 for by law, shall be based on best value which includes an 63.8 evaluation of price and may include other considerations 63.9 including, but not limited to, environmental considerations, 63.10 quality, and vendor performance. A best value determination 63.11 must be based on the evaluation criteria detailed in the 63.12 solicitation document. If criteria other than price are used, 63.13 the solicitation document must state the relative importance of 63.14 price and other factors. Unless it is determined by the 63.15 commissioner that an alternative solicitation method provided by 63.16 law should be used to determine best value, a request for bid 63.17 must be used to solicit formal responses for all building and 63.18 construction contracts. Any or all responses may be rejected. 63.19 When using the request for bid process, the bid must be awarded 63.20 to the lowest responsive and responsible bidder, taking into 63.21 consideration conformity with the specifications, terms of 63.22 delivery, the purpose for which the contract or purchase is 63.23 intended, the status and capability of the vendor, and other 63.24 considerations imposed in the request for bids. The 63.25 commissioner may decide which is the lowest responsible bidder 63.26 for all purchases andmaymust use the principles of life-cycle 63.27 costing, where appropriate, in determining the lowest overall 63.28 bid. The duties set forth in this subdivision are subject to 63.29 delegation pursuant to this section. 63.30 Sec. 61. [16C.055] [BARTER ARRANGEMENTS PROHIBITED.] 63.31 An agency may not contract or otherwise agree with a person 63.32 or entity outside of state government to receive nonmonetary 63.33 consideration in exchange for the agency providing nonmonetary 63.34 consideration, unless such an agreement is specifically 63.35 authorized by law. This section shall not apply to contracts or 63.36 agreements entered into by the Minnesota zoological board under 64.1 chapter 85A or the director of the state lottery under chapter 64.2 349A. 64.3 Sec. 62. [16C.066] [COST-BENEFIT ANALYSIS.] 64.4 (a) The commissioner or an agency official to whom the 64.5 commissioner has delegated duties under section 16C.03, 64.6 subdivision 16, may not approve a contract or purchase of goods 64.7 or services for transit or other transportation purposes in an 64.8 amount greater than $5,000,000 unless a cost-benefit analysis 64.9 has been completed and shows a positive benefit to the public. 64.10 The management analysis division must perform or direct the 64.11 performance of the analysis. A cost-benefit analysis must be 64.12 performed for a project if an aggregation of contracts or 64.13 purchases for a project exceeds $5,000,000. 64.14 (b) All cost-benefit analysis documents under this section, 64.15 including preliminary drafts and notes, are public data. 64.16 (c) If a cost-benefit analysis does not show a positive 64.17 benefit to the public, the governor may approve a contract or 64.18 purchase of goods or services if a cost-effectiveness study had 64.19 been done that shows the proposed project is the most effective 64.20 way to provide a necessary public good. 64.21 (d) This section applies to contracts for goods or services 64.22 that are expected to have a useful life of more than three 64.23 years. This section does not apply for purchase of goods or 64.24 services for response to a natural disaster if an emergency has 64.25 been declared by the governor. 64.26 (e) This section expires June 30, 2003. 64.27 Sec. 63. Minnesota Statutes 2000, section 16C.25, is 64.28 amended to read: 64.29 16C.25 [BUILDING AND CONSTRUCTION CONTRACTS.] 64.30 (a) Notwithstanding any contrary law, and except as 64.31 provided in paragraph (b), the provisions of Minnesota Statutes 64.32 1996, section 16B.07, 16B.08, 16B.09, and all other laws 64.33 applicable to competitive bidding for building and construction 64.34 contracts on June 30, 1998, apply to building and construction 64.35 contracts entered into on or after July 1, 1998. 64.36 (b) Notwithstanding Minnesota Statutes 1996, section 65.1 16C.28, the commissioner must use the principles of life-cycle 65.2 costing, where appropriate, in determining the lowest overall 65.3 bid. 65.4 Sec. 64. [16E.0465] [TECHNOLOGY APPROVAL.] 65.5 Subdivision 1. [APPLICATION.] This section applies to an 65.6 appropriation of more than $1,000,000 of state or federal funds 65.7 to a state agency for any information and communications 65.8 technology project or data processing device or system or for 65.9 any phase of such a project, device, or system. For purposes of 65.10 this section, an appropriation of state or federal funds to a 65.11 state agency includes an appropriation: (1) to the Minnesota 65.12 state colleges and universities; (2) to a constitutional 65.13 officer; (3) for a project that includes both a state agency and 65.14 units of local government; and (4) to a state agency for grants 65.15 to be made to other entities. 65.16 Subd. 2. [REQUIRED REVIEW AND APPROVAL.] (a) A state 65.17 agency receiving an appropriation for an information and 65.18 communications technology project or data processing device or 65.19 system subject to this section must divide the project into 65.20 phases. 65.21 (b) The commissioner of finance may not authorize the 65.22 encumbrance or expenditure of an appropriation of state funds to 65.23 a state agency for any phase of a project, device, or system 65.24 subject to this section unless the office of technology has 65.25 reviewed each phase of the project, device, or system, and based 65.26 on this review, the commissioner of administration has 65.27 determined for each phase that: 65.28 (1) the project is compatible with the state information 65.29 architecture and other policies and standards established by the 65.30 commissioner of administration; and 65.31 (2) the agency is able to accomplish the goals of the 65.32 project with the funds appropriated. 65.33 Subd. 3. [ROLE OF COMMISSIONER.] Unless money is 65.34 appropriated directly to the commissioner of administration, the 65.35 role of the commissioner and the office of technology is to 65.36 review and approve projects under this section, and not to 66.1 design or implement the projects. 66.2 Sec. 65. [16E.055] [COMMON WEB FORMAT.] 66.3 A state agency that implements electronic government 66.4 services for fees, licenses, sales, or other purposes must use a 66.5 common Web page format approved by the commissioner of 66.6 administration for those electronic government services. The 66.7 commissioner may create a single entry site for all agencies to 66.8 use for electronic government services. 66.9 Sec. 66. [16E.075] [SALARY WEB ACCESS.] 66.10 A government unit, as defined under section 16E.07, that 66.11 receives state funds, including those through the department of 66.12 revenue or finance, must post on its Web site, if any, the 66.13 individual salaries and benefits of all the employees of the 66.14 government unit. 66.15 Sec. 67. [16E.09] [TECHNOLOGY ENTERPRISE FUND.] 66.16 Subdivision 1. [TECHNOLOGY ENTERPRISE FUND.] A technology 66.17 enterprise fund is established. Money deposited in the fund is 66.18 appropriated to the commissioner of administration for the 66.19 purpose of funding technology projects among government entities 66.20 that promote cooperation, innovation, and shared use of 66.21 technology and technology standards, and electronic government 66.22 services. A portion of revenues from the sale of information 66.23 technology surplus equipment or data, a portion of funds 66.24 collected from rental of communication tower space, and a 66.25 portion of refunds from information technology services or 66.26 purchases and from savings generated by information technology 66.27 and telecommunications projects may be deposited into the fund 66.28 upon agreement by the commissioner of administration and the 66.29 executive of the government entity generating those funds. The 66.30 commissioner of administration may accept contributions from 66.31 other entities or other gifts and grants into the fund. The 66.32 transfer of funds between state agencies is subject to the 66.33 approval of the commissioner of finance. The commissioner of 66.34 finance shall notify the chairs of the committees funding the 66.35 affected state agencies of such transfers. Funds are available 66.36 until June 30, 2005. 67.1 Subd. 2. [TECHNOLOGY ENTERPRISE BOARD.] A technology 67.2 enterprise board is established to advise the state chief 67.3 information officer, the office of technology, the governor, the 67.4 executive branch, and the legislature regarding information 67.5 technology funding and expenditures from the technology 67.6 enterprise fund. The board shall consist of up to 18 members 67.7 representing public and private entities with general expertise 67.8 in information technology and telecommunications initiatives and 67.9 planning. The state chief information officer shall act as 67.10 chair and the office of technology shall provide necessary staff 67.11 support. Nonlegislator members shall be appointed by the 67.12 governor, including one nominee representing the state executive 67.13 council, one nominee representing the supreme court, and one 67.14 nominee representing the higher education advisory council; and 67.15 seven at-large members representing the private sector with 67.16 experience in business. The speaker of the house of 67.17 representatives and the senate subcommittee on committees shall 67.18 each appoint two legislators to the board. Legislator members 67.19 serve at the pleasure of the appointing authority. Membership 67.20 terms, compensation, and removal of nonlegislator board members 67.21 are governed by section 15.059, except that terms are three 67.22 years and the board expires on June 30, 2005. 67.23 Subd. 3. [REPORT TO LEGISLATURE.] By February 1 each year, 67.24 the commissioner of administration shall report to the chairs of 67.25 the finance committees in the senate and house of 67.26 representatives with jurisdiction over governmental operations 67.27 on expenditures and activities under this section. 67.28 Subd. 4. [EXPIRATION.] This section expires June 30, 2005. 67.29 Sec. 68. Minnesota Statutes 2000, section 43A.04, is 67.30 amended by adding a subdivision to read: 67.31 Subd. 12. [TOTAL COMPENSATION REPORTING.] (a) The 67.32 commissioner, in consultation with the commissioner of finance, 67.33 shall report to the governor and the legislature by January 15 67.34 each year on executive branch employee salary and benefits. The 67.35 purpose of the report is to assist in effective long-range 67.36 planning and to provide data necessary to compute annual and 68.1 biennial costs related to the state workforce. The report must 68.2 use data available in the biennial budget system and other 68.3 necessary sources. The report also must be made available to 68.4 the public in an electronic format. 68.5 (b) The report must be organized by agency. For each 68.6 employee during the previous fiscal year the report must: 68.7 (1) list each employee by position number, but not by name; 68.8 (2) list the total amount the state spent, by fund, for the 68.9 employee's salary and total compensation, including social 68.10 security contributions, insurance, and all other benefits and 68.11 related costs; 68.12 (3) list the employee's length of state service; and 68.13 (4) list the total estimated compensation for the 68.14 employee's career, assuming the employee works until the normal 68.15 retirement age. 68.16 Sec. 69. Minnesota Statutes 2000, section 43A.04, is 68.17 amended by adding a subdivision to read: 68.18 Subd. 13. [COMBINED CHARITIES CAMPAIGN.] (a) The 68.19 commissioner shall administer the state employee combined 68.20 charities campaign. This duty includes registration of combined 68.21 charitable organizations under section 309.501, and coordination 68.22 and administration of the process under which state employees 68.23 contribute to combined charitable organizations. 68.24 (b) The commissioner, in consultation with other 68.25 commissioners, shall appoint a voluntary board of state 68.26 employees to oversee the conduct of an annual combined charities 68.27 campaign. The board must, to the extent possible, represent a 68.28 cross-section of state employee groups and geographic areas 68.29 where state employees are located. The board shall provide 68.30 direction to the commissioner's employee assigned to administer 68.31 the annual campaign and shall approve any expenditure of state 68.32 funds appropriated for purposes of this subdivision. 68.33 Sec. 70. Minnesota Statutes 2000, section 43A.17, 68.34 subdivision 9, is amended to read: 68.35 Subd. 9. [POLITICAL SUBDIVISION COMPENSATION LIMIT.] The 68.36 salary and the value of all other forms of compensation of a 69.1 person employed by a statutory or home rule charter city, 69.2 county, town, metropolitan or regional agency, or other 69.3 political subdivision of this state excluding a school district, 69.4 or employed under section 422A.03, may not exceed 95 percent of 69.5 the salary of the governor as set under section 15A.082, except 69.6 as provided in this subdivision. Deferred compensation and 69.7 payroll allocations to purchase an individual annuity contract 69.8 for an employee are included in determining the employee's 69.9 salary. Other forms of compensation which shall be included to 69.10 determine an employee's total compensation are all other direct 69.11 and indirect items of compensation which are not specifically 69.12 excluded by this subdivision. Other forms of compensation which 69.13 shall not be included in a determination of an employee's total 69.14 compensation for the purposes of this subdivision are: 69.15 (1) employee benefits that are also provided for the 69.16 majority of all other full-time employees of the political 69.17 subdivision, vacation and sick leave allowances, health and 69.18 dental insurance, disability insurance, term life insurance, and 69.19 pension benefits or like benefits the cost of which is borne by 69.20 the employee or which is not subject to tax as income under the 69.21 Internal Revenue Code of 1986; 69.22 (2) dues paid to organizations that are of a civic, 69.23 professional, educational, or governmental nature; and 69.24 (3) reimbursement for actual expenses incurred by the 69.25 employee which the governing body determines to be directly 69.26 related to the performance of job responsibilities, including 69.27 any relocation expenses paid during the initial year of 69.28 employment. 69.29 The value of other forms of compensation shall be the 69.30 annual cost to the political subdivision for the provision of 69.31 the compensation. The salary of a medical doctor or doctor of 69.32 osteopathy occupying a position that the governing body of the 69.33 political subdivision has determined requires an M.D. or D.O. 69.34 degree is excluded from the limitation in this subdivision. The 69.35 commissioner may increase the limitation in this subdivision for 69.36 a position or class of positions that the commissioner has 70.1 determined requires special expertise necessitating a higher 70.2 salary to attract or retain a qualified person. In making 70.3 determinations on the appropriate salary, the commissioner may 70.4 consider evidence of actual or anticipated difficulties in 70.5 attracting or retaining a qualified person or persons. The 70.6 commissioner shall review each proposed increase giving due 70.7 consideration to salary rates paid to other persons with similar 70.8 responsibilities in the state and nation. The commissioner may 70.9 not increase the limitation until the commissioner has presented 70.10 the proposed increase to the legislative coordinating commission 70.11 and received the commission's recommendation on it. The 70.12 recommendation is advisory only. If the commission does not 70.13 give its recommendation on a proposed increase within 30 days 70.14 from its receipt of the proposal, the commission is deemed to 70.15 have recommended approval. 70.16 Sec. 71. [43A.235] [CO-PAYMENT REQUIRED.] 70.17 A collective bargaining agreement or compensation plan 70.18 providing state employee medical and dental insurance or 70.19 benefits must require a system of co-payments, including, but 70.20 not limited to, office visits and emergency or urgent care 70.21 visits, by the employee or a covered dependent. 70.22 Sec. 72. Minnesota Statutes 2000, section 43A.24, 70.23 subdivision 1, is amended to read: 70.24 Subdivision 1. [GENERAL.] Employees, including persons on 70.25 layoff from a civil service position, and employees who are 70.26 employed less than full time, shall be eligible for state paid 70.27 life insurance and hospital, medical and dental benefits as 70.28 provided in collective bargaining agreements or plans 70.29 established pursuant to section 43A.18. 70.30 A collective bargaining agreement or plan may provide 70.31 state-paid benefits only to an employee or the spouse or 70.32 dependent child or dependent grandchild of an employee. A 70.33 collective bargaining agreement or compensation plan may define 70.34 a dependent child to include a biological child, a child legally 70.35 adopted or placed for adoption with the employee, a foster 70.36 child, or a step-child. A collective bargaining agreement or 71.1 compensation plan may provide conditions and limitations on 71.2 coverage for employees, spouses, and dependent children or 71.3 grandchildren. 71.4 Sec. 73. Minnesota Statutes 2000, section 43A.38, 71.5 subdivision 1, is amended to read: 71.6 Subdivision 1. [DEFINITIONS.] For the purpose of this 71.7 section the following definitions shall apply: 71.8 (a) "Business" means any corporation, partnership, 71.9 proprietorship, firm, enterprise, franchise, association, 71.10 organization, self-employed individual or any other legal entity 71.11 which engages either in nonprofit or profit making activities. 71.12 (b) "Confidential information" means any information 71.13 obtained under government authority which has not become part of 71.14 the body of public information and which, if released 71.15 prematurely or in nonsummary form, may provide unfair economic 71.16 advantage or adversely affect the competitive position of an 71.17 individual or a business. 71.18 (c) "Employee" has the meaning given in section 43A.02, 71.19 subdivision 21, and includes an executive officer listed in 71.20 Minnesota Constitution, article V, section 1. 71.21 (d) "Private interest" means any interest, including but 71.22 not limited to a financial interest, which pertains to a person 71.23 or business whereby the person or business would gain a benefit, 71.24 privilege, exemption or advantage from the action of a state 71.25 agency or employee that is not available to the general public. 71.26 Sec. 74. Minnesota Statutes 2000, section 43A.38, 71.27 subdivision 6, is amended to read: 71.28 Subd. 6. [DETERMINATION OF CONFLICTS OF INTEREST.] (a) 71.29 When an employee believes the potential for a conflict of 71.30 interest exists, it is the employee's duty to avoid the 71.31 situation. A conflict of interest shall be deemed to exist when 71.32 a review of the situation by the employee, the appointing 71.33 authority or the commissioner determines any one of the 71.34 following conditions to be present: 71.35(a)(1) the use for private gain or advantage of state 71.36 time, facilities, equipment or supplies or badge, uniform, 72.1 prestige or influence of state office or employment; 72.2(b)(2) receipt or acceptance by the employee of any money 72.3 or other thing of value from anyone other than the state for the 72.4 performance of an act which the employee would be required or 72.5 expected to perform in the regular course or hours of state 72.6 employment or as part of the duties as an employee; 72.7(c)(3) employment by a business which is subject to the 72.8 direct or indirect control, inspection, review, audit or 72.9 enforcement by the employee; or 72.10(d)(4) the performance of an act in other than the 72.11 employee's official capacity which may later be subject directly 72.12 or indirectly to the control, inspection, review, audit or 72.13 enforcement by the employee. 72.14 (b) The chief administrative law judge, appointed under 72.15 section 14.48, instead of the commissioner, shall make 72.16 determinations concerning potential conflicts of interest for an 72.17 executive officer listed in Minnesota Constitution, article V, 72.18 section 1. If the chief administrative law judge has a conflict 72.19 of interest in a determination under this section, the chief may 72.20 assign another administrative law judge to make the 72.21 determination. 72.22 Sec. 75. Minnesota Statutes 2000, section 43A.38, 72.23 subdivision 7, is amended to read: 72.24 Subd. 7. [RESOLUTION OF CONFLICT OF INTEREST.] (a) This 72.25 paragraph applies to an employee other than an executive officer 72.26 listed in Minnesota Constitution, article V, section 1. If the 72.27 employee, appointing authority or commissioner determine that a 72.28 conflict of interest exists, the matter shall be assigned to 72.29 another employee who does not have a conflict of interest. If 72.30 it is not possible to assign the matter to an employee who does 72.31 not have a conflict of interest, interested persons shall be 72.32 notified of the conflict and the employee may proceed with the 72.33 assignment. 72.34 (b) An executive officer listed in Minnesota Constitution, 72.35 article V, section 1, must attempt to avoid or mitigate a 72.36 potential conflict of interest to the greatest extent 73.1 practicable. Any person may request the chief administrative 73.2 law judge to determine if a conflict of interest exists for an 73.3 executive officer listed in Minnesota Constitution, article V, 73.4 section 1. If the chief administrative law judge determines 73.5 that a conflict of interest exists, any person may bring an 73.6 action in the district court in Ramsey county to enjoin an 73.7 executive officer listed in Minnesota Constitution, article V, 73.8 section 1, from engaging in activity that the chief 73.9 administrative law judge has determined to constitute a conflict 73.10 of interest under this section. 73.11 Sec. 76. [116T.01] [DEFINITIONS.] 73.12 For purposes of this chapter: 73.13 (1) "board" means the board of directors of Northern 73.14 Technology Initiative, Inc.; and 73.15 (2) "corporation" means Northern Technology Initiative, Inc. 73.16 Sec. 77. [116T.02] [CORPORATION; MEMBERS; BOARD OF 73.17 DIRECTORS; POWERS.] 73.18 Subdivision 1. [PUBLIC CORPORATION.] Northern Technology 73.19 Initiative, Inc. is a public corporation of the state and is not 73.20 subject to the laws governing a state agency except as provided 73.21 in this chapter. The business of the corporation must be 73.22 conducted under the name "Northern Technology Initiative, Inc." 73.23 Subd. 2. [PURPOSE.] Northern Technology Initiative, Inc. 73.24 is a regional economic initiative of Minnesota counties, 73.25 townships, home rule charter or statutory cities within 73.26 participating counties, economic development groups, state and 73.27 federal agencies, public and private post-secondary 73.28 institutions, and businesses. The project area includes, at a 73.29 minimum, the counties of Carlton, Chisago, Isanti, Kanabec, and 73.30 Pine, but may be expanded as other contiguous counties elect to 73.31 participate. The purpose of the corporation is to engage in an 73.32 integrated, jointly planned economic development effort with a 73.33 focus on encouraging growth among existing businesses and 73.34 attracting technology companies to the region served by the 73.35 corporation. A home rule charter city, statutory city, county, 73.36 township, or other public entity participating in the initiative 74.1 may budget public funds for the initiative. 74.2 Subd. 3. [BOARD OF DIRECTORS.] The corporation is governed 74.3 by a board of directors consisting of: 74.4 (1) a member of the governing body of each participating 74.5 county, appointed by the governing body; 74.6 (2) a member of the governing body of each participating 74.7 home rule charter or statutory city, appointed by the governing 74.8 body; 74.9 (3) the president of each participating post-secondary 74.10 institution; 74.11 (4) the commissioner of the department of trade and 74.12 economic development or an employee of the department designated 74.13 by the commissioner; and 74.14 (5) other members as may be provided by the bylaws adopted 74.15 and amended in accordance with subdivision 4. 74.16 The membership terms, compensation, removal, and filling of 74.17 vacancies of members of the board are governed by the bylaws of 74.18 the corporation. 74.19 Subd. 4. [BYLAWS.] The board of directors shall adopt 74.20 bylaws and publish the bylaws and amendments to the bylaws in 74.21 the State Register. The bylaws must provide for financial and 74.22 other contributions by participating entities to cover the 74.23 operation of the corporation. 74.24 Subd. 5. [PLACES OF BUSINESS.] The board shall locate and 74.25 maintain the corporation's places of business within Carlton, 74.26 Chisago, Isanti, Kanabec, or Pine county. 74.27 Subd. 6. [MEETINGS AND ACTIONS OF BOARD.] (a) The board 74.28 must meet at least twice a year and may hold additional meetings 74.29 upon giving notice in accordance with the bylaws of the 74.30 corporation. Except as provided in subdivision 7, board 74.31 meetings are subject to chapter 13D. 74.32 (b) A conference among directors by any means of 74.33 communication through which the directors may simultaneously 74.34 hear each other during the conference constitutes a board 74.35 meeting if the number of directors participating in the 74.36 conference is sufficient to constitute a quorum for the 75.1 meeting. Participation in a meeting by that means constitutes 75.2 presence in person at the meeting. 75.3 Subd. 7. [CLOSED MEETINGS; RECORDING.] The board of 75.4 directors may, by a majority vote in a public meeting, decide to 75.5 hold a closed meeting for purposes of discussing data described 75.6 in subdivision 8 or security information, trade secret 75.7 information, or labor relations information, as defined in 75.8 section 13.37, subdivision 1. The time and place of the closed 75.9 meeting must be announced at the public meeting. A written roll 75.10 of members present at the closed meeting must be made available 75.11 to the public after the closed meeting. The proceedings of a 75.12 closed meeting must be tape recorded. The data on the tape are 75.13 nonpublic data or private data on individuals as defined in 75.14 section 13.02, subdivision 9 or 12, whichever is applicable. 75.15 Subd. 8. [APPLICATION AND INVESTIGATIVE DATA.] Financial 75.16 data, statistics, and information furnished to the corporation 75.17 in connection with assistance or proposed assistance, including 75.18 credit reports; financial statements; statements of net worth; 75.19 income tax returns, either personal or corporate; and any other 75.20 business and personal financial records, are private data with 75.21 regard to data on individuals under section 13.02, subdivision 75.22 12, or nonpublic data with regard to data not on individuals 75.23 under section 13.02, subdivision 9. 75.24 Subd. 9. [CONFLICT OF INTEREST.] A director, employee, or 75.25 officer of the corporation may not participate in or vote on a 75.26 decision of the board relating to an organization in which the 75.27 director has either a direct or indirect financial interest or a 75.28 conflict of interest as described in section 10A.07. 75.29 Subd. 10. [TORT CLAIMS.] The corporation is a state agency 75.30 for purposes of section 3.736, except the corporation, not the 75.31 state, is responsible for paying for any tort liability. 75.32 Subd. 11. [DATA PRACTICES AND RECORDS MANAGEMENT.] The 75.33 corporation is subject to chapter 13 and sections 15.17 and 75.34 138.163 to 138.226. 75.35 Sec. 78. [116T.03] [CORPORATE PERSONNEL.] 75.36 Subdivision 1. [GENERALLY.] The board shall appoint and 76.1 set the compensation for the executive director who serves as 76.2 chief executive officer of the corporation. The compensation of 76.3 the executive director may not exceed 85 percent of the 76.4 governor's salary. The board may designate the executive 76.5 director as its general agent. Subject to the approval of the 76.6 board, the executive director shall employ staff consultants and 76.7 other agents necessary to carry out the mission of the 76.8 corporation. 76.9 Subd. 2. [STATUS OF EMPLOYEES.] Employees, officers, and 76.10 directors of the corporation are not state employees, but are 76.11 covered by section 3.736 and, at the option of the board, 76.12 employees may participate in the state retirement plan for 76.13 employees in the unclassified service, the state deferred 76.14 compensation plan, and an insurance plan administered by the 76.15 commissioner of employee relations. 76.16 Sec. 79. [116T.04] [POWERS AND DUTIES OF CORPORATION.] 76.17 Subdivision 1. [GENERAL POWERS AND DUTIES.] (a) The 76.18 corporation has the powers granted to a nonprofit corporation by 76.19 section 317A.161, except as otherwise provided in this chapter. 76.20 (b) Except as specified in section 116T.02, subdivision 10, 76.21 the state is not liable for the obligations of the corporation. 76.22 (c) Section 317A.161 applies to this chapter and the 76.23 corporation in the same manner that it applies to business 76.24 corporations established under chapter 317A. 76.25 Subd. 2. [RULES.] The corporation must publish in the 76.26 State Register any guidelines, policies, or eligibility criteria 76.27 prepared or adopted by the corporation for its programs. 76.28 Sec. 80. [116T.05] [AUDITS.] 76.29 The corporation is subject to the auditing requirements of 76.30 sections 3.971 and 3.972. 76.31 Sec. 81. [116T.06] [DISSOLUTION.] 76.32 In the event of dissolution of the corporation for any 76.33 reason, the bylaws must provide for return of the proceeds of 76.34 that liquidation and any wholly owned assets of the corporation 76.35 to the entities participating in Northern Technology Initiative, 76.36 Inc. in exchange for the assumption of all outstanding 77.1 obligations of the corporation. 77.2 Sec. 82. Minnesota Statutes 2000, section 136F.07, is 77.3 amended to read: 77.4 136F.07 [CHANCELLOR.] 77.5 The board shall appoint a chancellor who shall serve in the 77.6 unclassified service. The chancellor shall possess powers and 77.7 perform duties as delegated by the board. The board shall set 77.8 the salary of the chancellor according to section15A.081577.9 15A.081, subdivision 7c. 77.10 Sec. 83. Minnesota Statutes 2000, section 136F.40, 77.11 subdivision 2, is amended to read: 77.12 Subd. 2. [COMPENSATIONCONTRACTS.]Notwithstanding any77.13other provision to the contrary, when establishing compensation77.14the board may provide, through a contract, a liquidated salary77.15amount or other compensation if a contract with a chancellor or77.16president is terminated by the board prior to its expiration.77.17Any benefits shall be excluded in computation of77.18retirement, insurance, and other benefits available through or77.19from the state. Any benefits or additional compensation must be77.20as provided under the plan approved under section 43A.18,77.21subdivision 3a.(a) The board may enter into a contract with the 77.22 chancellor, a vice-chancellor, or a president, containing terms 77.23 and conditions of employment. The terms of the contract must be 77.24 authorized under a plan approved under section 43A.18, 77.25 subdivision 3a. 77.26 (b) Notwithstanding section 43A.17, subdivision 11, or 77.27 other law to the contrary, a contract under this section may 77.28 provide a liquidated salary amount or other compensation if a 77.29 contract is terminated by the board prior to its expiration. 77.30 Sec. 84. Minnesota Statutes 2000, section 138.35, is 77.31 amended by adding a subdivision to read: 77.32 Subd. 3. [FEE.] The commissioner of administration may 77.33 charge state agencies, political subdivisions, and businesses a 77.34 fee for the cost of providing archaeological services as 77.35 prescribed in sections 138.31 to 138.41 and 307.08. Fees 77.36 collected by the commissioner of administration must be 78.1 deposited in the state treasury and are appropriated to the 78.2 commissioner of administration to pay the cost of operating the 78.3 office of the state archaeologist. The proposed fee rate must 78.4 be submitted to the commissioner of finance by August 1 of each 78.5 even-numbered year. The commissioner of finance must approve 78.6 the fee rate. 78.7 Sec. 85. Minnesota Statutes 2000, section 138.39, is 78.8 amended to read: 78.9 138.39 [RULES.] 78.10 Thedirector of the historical societycommissioner of 78.11 administration, in consultation with the state archaeologist, 78.12 maymake and issue suchadopt rules, not inconsistent with law,78.13as may be requiredto carry outthe provisions ofsections 78.14 138.31 to 138.42, and to carry out the state archaeologist's 78.15 duties under chapter 307. In making such rules,they shallthe 78.16 commissioner must consult with other agencies of the state whose 78.17 activities may be affected thereby. 78.18 Sec. 86. Minnesota Statutes 2000, section 161.1419, 78.19 subdivision 8, is amended to read: 78.20 Subd. 8. [EXPIRATION.] Notwithstanding section 15.059, the 78.21 commission shall expire on June 30,20012005. 78.22 Sec. 87. Minnesota Statutes 2000, section 161.32, 78.23 subdivision 1b, is amended to read: 78.24 Subd. 1b. [LOWEST RESPONSIBLE BIDDER.] Trunk highway 78.25 construction contracts, including design-build contracts, must 78.26 be awarded to the lowest responsible bidder, taking into 78.27 consideration conformity with the specifications, the purpose 78.28 for which the contract or purchase is intended, the status and 78.29 capability of the vendor, and other considerations imposed in 78.30 the call for bids. The commissioner may decide which is the 78.31 lowest responsible bidder for all contracts andmaymust use the 78.32 principles of life-cycle costing, where appropriate, in 78.33 determining the lowest overall bid. Any or all bids may be 78.34 rejected. In a case where competitive bids are required and 78.35 where all bids are rejected, new bids, if solicited, must be 78.36 called for as in the first instance, unless otherwise provided 79.1 by law. 79.2 Sec. 88. Minnesota Statutes 2000, section 179A.15, is 79.3 amended to read: 79.4 179A.15 [MEDIATION.] 79.5 Once notice has been given under section 179A.14, the 79.6 employer or the exclusive representative may petition the 79.7 commissioner for mediation services. 79.8 A petition by an employer shall be signed by the employer 79.9 or an authorized officer or agent. A petition by an exclusive 79.10 representative shall be signed by its authorized officer. All 79.11 petitions shall bedelivered toserved on the commissioner in 79.12person or sent by certified mailwriting. The petition shall 79.13 state briefly the nature of the disagreement of the parties. 79.14 Upon receipt of a petition and upon concluding that mediation 79.15 would be useful, the commissioner shall fix a time and place for 79.16 a conference with the parties to negotiate the issues not agreed 79.17 upon, and shall then take the most expedient steps to bring 79.18 about a settlement, including assisting in negotiating and 79.19 drafting an agreement. 79.20 If the commissioner determines that mediation would be 79.21 useful in resolving a dispute, the commissioner may mediate the 79.22 dispute even if neither party has filed a petition for 79.23 mediation. In these cases, the commissioner shall proceed as if 79.24 a petition had been filed. 79.25 The commissioner shall not furnish mediation services to 79.26 any employee or employee representative who is not certified as 79.27 an exclusive representative. 79.28 All parties shall respond to the summons of the 79.29 commissioner for conferences and shall continue in conference 79.30 until excused by the commissioner. 79.31 Sec. 89. Minnesota Statutes 2000, section 190.06, 79.32 subdivision 1, is amended to read: 79.33 Subdivision 1. [COMPOSITION.] The militia shall consist of: 79.34 (1) all able-bodied citizens of the state and other 79.35 able-bodied persons,residing in the state who have or shall 79.36 have declared their intention to become citizens of the United 80.1 States, when so authorized by federal law, who comply with the 80.2 minimum age requirements for federal regular military service 80.3 under United States Code, title 10, section 505, and who are not 80.4 more than 45 years of age; provided, that the governor may, when 80.5 the governor deems it necessary for the defense of the state, 80.6 extend the maximum age for militia service to not more than 64 80.7 years; and 80.8 (2) persons who enlist in, are commissioned in, or are 80.9 otherwise appointed to the Minnesota national guard in 80.10 accordance with applicable federal law and regulation, including 80.11 enlisted members, warrant officers, and commissioned officers. 80.12 Sec. 90. Minnesota Statutes 2000, section 190.07, is 80.13 amended to read: 80.14 190.07 [APPOINTMENT; QUALIFICATIONS; RANK.] 80.15 There shall be an adjutant general of the state who shall 80.16 be appointed by the governor. The adjutant general shall be a 80.17 staff officer, who at the time of appointment shall be a 80.18 commissioned officer of the national guard of this state, with 80.19 not less than ten years military service in thearmed forces80.20 national guard of this state or the armed forces of the United 80.21 States, at least three of which shall have been commissioned and 80.22 who shall have reached the grade of a field officer. 80.23 The adjutant general shall hold at least the rank of major 80.24 general and may be promoted to and including the highest rank 80.25 authorized under federal law. However, the adjutant 80.26 generalshallmay not beappointedpromoted to the rank of major 80.27 general without having at least 20 years service in the 80.28 Minnesota national guard, at least one of whichone yearhas 80.29 been in the rank of brigadier general. 80.30 The term of the adjutant general is seven years from the 80.31 date of appointment. Section 15.06, subdivisions 3, 4, and 5, 80.32 governs filling of vacancies in the office of adjutant general. 80.33 The adjutant general shall not be removed from office during a 80.34 term except upon withdrawal of federal recognition or as 80.35 otherwise provided by the military laws of this state. 80.36 Sec. 91. Minnesota Statutes 2000, section 192.501, 81.1 subdivision 2, is amended to read: 81.2 Subd. 2. [TUITION AND TEXTBOOK REIMBURSEMENT GRANT 81.3 PROGRAM.] (a) The adjutant general shall establish a program to 81.4 provide tuition and textbook reimbursement grants to eligible 81.5 members of the Minnesota national guard within the limitations 81.6 of this subdivision. 81.7 (b) Eligibility is limited to a member of the national 81.8 guard who: 81.9 (1) is serving satisfactorily as defined by the adjutant 81.10 general; 81.11 (2) is attending a post-secondary educational institution, 81.12 as defined by section 136A.15, subdivision 6, including a 81.13 vocational or technical school operated or regulated by this 81.14 state or another state or province; and 81.15 (3) provides proof of satisfactory completion of 81.16 coursework, as defined by the adjutant general. 81.17 In addition, if a member of the Minnesota national guard is 81.18 killed in the line of state active service or federally funded 81.19 state active service, as defined in section 190.05, subdivisions 81.20 5a and 5b, the member's surviving spouse, and any surviving 81.21 dependent who has not yet reached 24 years of age, is eligible 81.22 for a tuition and textbook reimbursement grant. 81.23 The adjutant general may, within the limitations of this 81.24 paragraph and other applicable laws, determine additional 81.25 eligibility criteria for the grant, and must specify the 81.26 criteria in department regulations and publish changes as 81.27 necessary. 81.28 (c) The amount of a tuition and textbook reimbursement 81.29 grant must be specified on a schedule as determined and 81.30 published in department regulations by the adjutant general, but 81.31 is limited to a maximum of an amount equal to the greater of: 81.32 (1)75100 percent of the cost of tuition for lower 81.33 division programs in the college of liberal arts at the twin 81.34 cities campus of the University of Minnesota in the most recent 81.35 academic year; or 81.36 (2)50100 percent of the cost of tuition for the program 82.1 in which the person is enrolled at that Minnesota public 82.2 institution, or if that public institution is outside the state 82.3 of Minnesota, for the cost of a comparable program at the 82.4 University of Minnesota, except that in the case of a survivor 82.5 as defined in paragraph (b), the amount of the tuition and 82.6 textbook reimbursement grant for coursework satisfactorily 82.7 completed by the person is limited to 100 percent of the cost of 82.8 tuition for post-secondary courses at a Minnesota public 82.9 educational institution. 82.10 Paragraph (b) notwithstanding, a person is no longer 82.11 eligible for a grant under this subdivision once the person has 82.12 received grants under this subdivision for the equivalent of 208 82.13 quarter credits or 144 semester credits of coursework. 82.14 (d) Tuition and textbook reimbursement grants received 82.15 under this subdivision may not be considered by the Minnesota 82.16 higher education services office or by any other state board, 82.17 commission, or entity in determining a person's eligibility for 82.18 a scholarship or grant-in-aid under sections 136A.095 to 82.19 136A.1311. 82.20 (e) If a member fails to complete a term of enlistment 82.21 during which a tuition and textbook reimbursement grant was 82.22 paid, the adjutant general may seek to recoup a prorated amount 82.23 as determined by the adjutant general. 82.24 (f) The adjutant general shall maintain records and report 82.25 any findings to the legislature by March 1, 2003, on the impact 82.26 of increasing the reimbursement amounts under paragraph (c) 82.27 during the period July 1, 2001, through December 31, 2002. 82.28 (g) This paragraph, paragraph (f), and the amendments made 82.29 by this act to paragraph (c) expire June 30, 2003. 82.30 Sec. 92. Minnesota Statutes 2000, section 193.144, 82.31 subdivision 6, is amended to read: 82.32 Subd. 6. [DISPOSAL OF UNUSED SITE.] In case any land 82.33 acquired for armory site purposes hereunder has been donated to 82.34 such corporation or to the state of Minnesota by such county or 82.35 municipality or by other governmental agency except the state, 82.36 and in case such land or any part thereof shall thereafter not 83.1 be used for armory purposes for a continuous period of more than 83.2 ten years, not including the period of any war or other 83.3 emergency in which the armed forces of the state may be engaged, 83.4 the county or municipality may provide written notice to the 83.5 adjutant general and, if the property is not used for armory 83.6 purposes within one year from the notice, the adjutant general 83.7 shall reconvey the property to the donor county or 83.8 municipality. The adjutant general may reconvey the property in 83.9 less than ten years, if the adjutant general determines that the 83.10 corporation or the state has no further interest in the property. 83.11 Sec. 93. Minnesota Statutes 2000, section 193.145, 83.12 subdivision 4, is amended to read: 83.13 Subd. 4. [PAYMENTS BY ADJUTANT GENERAL.] Whether or not 83.14 bonds are issued, the adjutant general is hereby authorized to 83.15 pay to such corporation, out of any moneys which may from time 83.16 to time be appropriated to and for the military department and 83.17 not appropriated or set apart for any other specific purpose, 83.18 the sum of not less than $3,000 per year for each unit of the 83.19 national guard quartered in such armory when only one such unit 83.20 is so quartered, and the sum of not less than $2,000 per year 83.21 for each additional unit when more than one such unit is so 83.22 quartered, and may bind the office of the adjutant general, both 83.23 currently and in the future, by agreement to such corporation to 83.24 make such payments in a specific amount or amounts out of such 83.25 appropriations for a period of not more than 40 years. 83.26 Sec. 94. Minnesota Statutes 2000, section 193.148, is 83.27 amended to read: 83.28 193.148 [CONVEYANCE TO STATE.] 83.29 When payment has been made of all indebtedness incurred by 83.30 such corporation or of all funds spent by the corporation 83.31 incident to the procurement, erection, equipment, and operation 83.32 of any armory built under the provisions of sections 193.141 to 83.33 193.149, including the payment in full of the principal and 83.34 interest of all bonds issued by such corporation to cover the 83.35 cost of such armory or the full repayment of any commission 83.36 funds expended for the construction of such armory, such 84.1 corporation shall transfer and convey such armory building and 84.2 the site thereof to the state of Minnesota, for military 84.3 purposes, to be administered as are other state-owned armories. 84.4 Any unencumbered balance then held by the commission 84.5 accruing to such armory shall be retained to be applied to the 84.6 future maintenance, repair, and equipment of armories. 84.7 Sec. 95. Minnesota Statutes 2000, section 197.75, 84.8 subdivision 1, is amended to read: 84.9 Subdivision 1. [BENEFITS; ELIGIBILITY.] The commissioner 84.10 of veterans affairs shall spend a biennial appropriation for 84.11 tuition of veterans, and for tuition, fees, board, room, books 84.12 and supplies of the children of veterans who have died as a 84.13 result of their service in the armed forces of the United States 84.14 as determined by the United States Veterans Administration or 84.15 other instrumentality of the United States, in the University of 84.16 Minnesota, a state university, a community college, a technical 84.17 college, or any other university of higher learning within the 84.18 state accredited by the North Central Association of Colleges 84.19 and Secondary Schools, a law college approved by the supreme 84.20 court, a nursing school approved by the state board of nursing, 84.21 or in a trade, business, or vocational school in the state 84.22 approved by the state department of children, families, and 84.23 learning, or in a theological seminary, for any course which 84.24 such veteran or child may elect. Not more than$350$750 shall 84.25 be expended for the benefit of any individual veteran, and not 84.26 more than$350$750 in any fiscal year shall be expended for the 84.27 benefit of any child under this section, and the need for the 84.28 benefit shall be established and determined by the commissioner 84.29 of veterans affairs. No child of any veteran shall make 84.30 application for the benefits provided in this section unless the 84.31 child resided in Minnesota for at least two years immediately 84.32 prior to the date of the application. Children of veterans 84.33 eligible for benefits according to this section shall be 84.34 admitted to state institutions of university grade free of 84.35 tuition until they receive a bachelors or equivalent degree. 84.36 Payments of benefits shall be made directly to the institution 85.1 in which the course of instruction is given or to the individual 85.2 on forms prescribed by the commissioner. 85.3 Sec. 96. Minnesota Statutes 2000, section 197.75, 85.4 subdivision 2, is amended to read: 85.5 Subd. 2. [LIMITATIONS.] The benefits in subdivision 1 are 85.6 not available to a veteran who is entitled to the same or 85.7 similar benefits under a law or regulation of the United States, 85.8with the exceptions in paragraphs (a) and (b).85.9(a)except that a veteran who has been eligible for and has 85.10 used up the benefits the veteran is entitled to under the laws 85.11 of the United States is entitled to the benefits provided for by 85.12 subdivision 1. 85.13(b) A veteran who has had less than ten years of85.14eligibility for educational assistance under federal law because85.15of the December 31, 1989, delimiting date and who has lost more85.16than four months of that eligibility is entitled to the benefits85.17provided for by subdivision 1.85.18 Sec. 97. Minnesota Statutes 2000, section 214.09, 85.19 subdivision 3, as amended by Laws 2001, chapter 61, section 3, 85.20 is amended to read: 85.21 Subd. 3. [COMPENSATION.] (a) Members of the boards may be 85.22 compensated at the rate of $55 a day spent on board activities, 85.23 when authorized by the board, plus expenses in the same manner 85.24 and amount as authorized by the commissioner's plan adopted 85.25 under section 43A.18, subdivision 2. Members who, as a result 85.26 of time spent attending board meetings, incur child care 85.27 expenses that would not otherwise have been incurred, may be 85.28 reimbursed for those expenses upon board authorization. 85.29 (b) Members who are state employees or employees of the 85.30 political subdivisions of the state must not receive the daily 85.31 payment for activities that occur during working hours for which 85.32 they are also compensated by the state or political subdivision. 85.33 However, a state or political subdivision employee may receive 85.34 the daily payment if the employee uses vacation time or 85.35 compensatory time accumulated in accordance with a collective 85.36 bargaining agreement or compensation plan for board activity. 86.1 Members who are state employees or employees of the political 86.2 subdivisions of the state may receive the expenses provided for 86.3 in this subdivision unless the expenses are reimbursed by 86.4 another source. Members who are state employees or employees of 86.5 political subdivisions of the state may be reimbursed for child 86.6 care expenses only for time spent on board activities that are 86.7 outside their working hours. 86.8 (c) Each board must adopt internal standards prescribing 86.9 what constitutes a day spent on board activities for purposes of 86.10 making daily payments under this subdivision. 86.11[EFFECTIVE DATE.] This section is effective July 1, 2001, 86.12 and applies to service on or after that date. 86.13 Sec. 98. Minnesota Statutes 2000, section 240A.08, is 86.14 amended to read: 86.15 240A.08 [APPROPRIATION.] 86.16(a)$750,000 is appropriated annually from the general fund 86.17to the Minnesota amateur sports commission for the purpose of86.18entering into long-term leases, use, or other agreements with86.19the metropolitan sports facilities commission for the conduct of86.20amateur sports activities at the basketball and hockey arena,86.21consistent with the purposes set forth in this chapter,86.22including (1) stimulating and promoting amateur sports, (2)86.23promoting physical fitness by promoting participation in sports,86.24(3) promoting the development of recreational amateur sport86.25opportunities and activities, and (4) promoting local, regional,86.26national, and international amateur sport competitions and86.27events. The amateur sports commission shall determine what86.28constitutes amateur sports activities as provided in this86.29chapter as of March 1, 1995. The metropolitan sports facilities86.30commission may allocate at least 25 but no more than 50 dates a86.31year for the conduct of amateur sports activities at the86.32basketball and hockey arena by the amateur sports commission.86.33At least 12 of the dates must be on a Friday, Saturday, or86.34Sunday. The amateur sports commission may sell a date at the86.35arena to another group for any purpose. Revenue from sale of86.36these dates is appropriated to the amateur sports commission for87.1purposes listed in section 240A.04. If any amateur sports87.2activities conducted by the amateur sports commission at the87.3basketball and hockey arena are restricted to participants of87.4one gender, an equal number of activities on comparable days of87.5the week must be conducted for participants of the other gender,87.6but not necessarily in the same year. The legislature reserves87.7the right to repeal or amend this appropriation, and does not87.8intend this appropriation to create public debt.87.9(b) The amateur sports commission shall not transmit to the87.10operator of the basketball and hockey arena payment of any87.11event-related costs or expenses, including, but not limited to,87.12personnel, labor, services, equipment, utilities, or supplies87.13attributable to the events unless and until the operator has87.14demonstrated, to the satisfaction of the amateur sports87.15commission, the basis for each specific cost or expense and the87.16means by which the costs and expenses were determined.87.17(c) The amateur sports commission may use any ticket system87.18as may be in place from time to time at the basketball and87.19hockey arena, provided that any royalty or rebate fees or87.20charges or surcharges on tickets received by the operator of the87.21arena from third parties must be credited against event-related87.22costs or expenses.87.23(d) In the establishment of event-related costs to be87.24imposed upon the amateur sports commission, the operator of the87.25basketball and hockey arena shall provide the amateur sports87.26commission with the maximum discount that the operator has87.27supplied to any other sponsor of a similar amateur sports event87.28in the arena within the 180-day period immediately preceding the87.29date of the amateur sports commission event.87.30(e) The amateur sports commission must report by August 187.31each year to the chairs of the house and senate state government87.32finance divisions on compliance with this section and on the87.33total value of dates and ancillary services, and revenue derived87.34from resale of dates, during the previous state fiscal year.87.35(f) The attorney general, on behalf of the amateur sports87.36commission, must pursue collection of monetary damages from the88.1operator of the arena if the operator fails to comply with the88.2requirements of this section.88.3(g) The books, records, documents, accounting procedures,88.4and practices of the metropolitan sports facilities commission,88.5the Minneapolis community development agency, and any88.6corporation with which the Minnesota amateur sports commission88.7may contract for use of the basketball and hockey arena are88.8available for review by the Minnesota amateur sports commission,88.9the legislative auditor, and the chairs of the state government88.10finance divisions of the senate and the house of88.11representatives, subject to chapter 13 and section 473.598,88.12subdivision 4to provide grants for soccer field development 88.13 under section 240A.13. This section expires July 1, 2003. 88.14 Sec. 99. [240A.13] [SOCCER FIELD DEVELOPMENT.] 88.15 Subdivision 1. [GRANTS.] The commission may make matching 88.16 grants to political subdivisions of the state to develop new 88.17 soccer fields for amateur athletics. In awarding grants, the 88.18 commission shall give priority to proposals from multiple 88.19 applicants. To the extent possible, over time, the commission 88.20 shall disperse grants equally among the state's congressional 88.21 districts. 88.22 Subd. 2. [MATCHING CRITERIA.] Each grant for soccer field 88.23 development under this section must be matched by recipient 88.24 communities or institutions in accordance with this 88.25 subdivision. A matching contribution may include an in-kind 88.26 contribution of land; access roadways and access roadway 88.27 improvements; and necessary utility services, landscaping, and 88.28 parking. The first $20,000 of a grant must be matched equally 88.29 by the recipient. The portion of a grant that is more than 88.30 $20,000 but not more than $75,000 must be matched by the 88.31 recipient at a rate double the amount of that portion of the 88.32 grant. The portion of a grant that is more than $75,000 must be 88.33 matched by the recipient at a rate of three times the amount of 88.34 that portion of the grant. 88.35 Sec. 100. Minnesota Statutes 2000, section 317A.123, 88.36 subdivision 1, is amended to read: 89.1 Subdivision 1. [STATEMENT.] A corporation may change its 89.2 registered office, designate or change its registered agent, or 89.3 state a change in the name of its registered agent, by filing 89.4 with the secretary of state a statement containing: 89.5 (1) the name of the corporation; 89.6 (2) if the address of its registered office is to be 89.7 changed, the new address of its registered office; 89.8 (3) if its registered agent is to be designated or changed, 89.9 the name of its new registered agent; 89.10 (4) if the name of its registered agent is to be changed, 89.11 the name of its registered agent as changed; 89.12 (5) a statement that the address of its registered office 89.13 and the address of the office of its registered agent, as 89.14 changed, will be identical; and 89.15 (6) a statement that the change of registered office or 89.16 registered agent was authorized by resolution approved by the 89.17 board. 89.18 The statement need not be accompanied by a filing fee if 89.19 the statement is being filed only to change the address of the 89.20 registered office. 89.21[EFFECTIVE DATE.] This section is effective July 1, 2002. 89.22 Sec. 101. Minnesota Statutes 2000, section 317A.827, 89.23 subdivision 2, is amended to read: 89.24 Subd. 2. [REINSTATEMENT.] A corporation dissolved under 89.25 section 317A.823 may retroactively reinstate its corporate 89.26 existence by filing a single annual registrationand paying a89.27$25 fee. Filing the annual registration with the secretary of 89.28 state: 89.29 (1) returns the corporation to active status as of the date 89.30 of the dissolution; 89.31 (2) validates contracts or other acts within the authority 89.32 of the articles, and the corporation is liable for those 89.33 contracts or acts; and 89.34 (3) restores to the corporation all assets and rights of 89.35 the corporation and its members to the extent they were held by 89.36 the corporation and its members before the dissolution occurred, 90.1 except to the extent that assets or rights were affected by acts 90.2 occurring after the dissolution or sold or otherwise distributed 90.3 after that time. 90.4[EFFECTIVE DATE.] This section is effective the day 90.5 following final enactment. 90.6 Sec. 102. Minnesota Statutes 2000, section 394.232, 90.7 subdivision 1, is amended to read: 90.8 Subdivision 1. [GENERAL.] Each county is encouraged to 90.9 prepare and implement acommunity-based comprehensive90.10 sustainable land use plan. A community-based comprehensive plan90.11is a comprehensive planthat is consistent with the goals 90.12 ofcommunity-basedsustainable land use planning in section 90.13 4A.08. 90.14 Sec. 103. Minnesota Statutes 2000, section 394.232, is 90.15 amended by adding a subdivision to read: 90.16 Subd. 1a. [RESIDENT PARTICIPATION.] Each county is 90.17 encouraged to develop a planning process with broad resident 90.18 participation that is early and continuous in order to build 90.19 local capacity to plan for sustainable development and to 90.20 benefit from the insights, knowledge, and support of local 90.21 residents. 90.22 Sec. 104. Minnesota Statutes 2000, section 394.232, 90.23 subdivision 2, is amended to read: 90.24 Subd. 2. [NOTICE AND PARTICIPATION.] Notice must be given 90.25 at the beginning of thecommunity-based comprehensive90.26 sustainable planning process to the office of strategic and 90.27 long-range planning,the department of natural resources, the90.28department of agriculture, the department of trade and economic90.29development, the board of water and soil resources, the90.30pollution control agency, the department of transportation,90.31 local government units, and local citizens to actively 90.32 participate in the development of the plan.An agency that is90.33invited to participate in the development of a local plan but90.34declines to do so and fails to participate or to provide written90.35comments during the plan development process waives the right90.36during the office's review and comment period to submit91.1comments, except for comments concerning consistency of the plan91.2with laws and rules administered by the agency. In determining91.3the merit of the agency comment, the office shall consider the91.4involvement of the agency in the development of the plan.The 91.5 office of strategic and long-range planning, after consulting 91.6 with the county, shall notify other state agencies about the 91.7 county's planning process and coordinate their participation. 91.8 Agencies are not required to participate but are expected to 91.9 provide information as requested by local officials and the 91.10 office of strategic and long-range planning. Agencies may also 91.11 comment on the plan as it is being developed. 91.12 Sec. 105. Minnesota Statutes 2000, section 394.232, 91.13 subdivision 3, is amended to read: 91.14 Subd. 3. [COORDINATION.] A county that prepares a 91.15community-based comprehensivesustainable planshall coordinate91.16 should ensure that its plan is developed in coordination with 91.17 the plans of its neighbors and its constituent municipalities 91.18 and towns in order both to prevent its plan from having an 91.19 adverse impact on other jurisdictions and to complement plans of 91.20 other jurisdictions. The county'scommunity-based comprehensive91.21 planmustshould incorporate thecommunity-based comprehensive91.22 plan of any municipality or town in the county prepared in 91.23 accordance with section 462.3535. A county may incorporate a 91.24 municipal or towncommunity-based comprehensiveplan by 91.25 reference. 91.26 Sec. 106. Minnesota Statutes 2000, section 394.232, 91.27 subdivision 4, is amended to read: 91.28 Subd. 4. [LIMITED JOINT PLANNING.] Under the joint 91.29 exercise of powers provisions in section 471.59, a county may 91.30 establish a joint planning district with other counties, 91.31 municipalities, and towns, that are geographically 91.32 contiguous,to adopt a single community-based comprehensive plan91.33 for the purpose of developing and implementing multiple 91.34 sustainable land use plans for the district. The county may not 91.35 delegate its authority to adopt official controls under this 91.36 chapter to the board of the joint planning district. 92.1 Sec. 107. Minnesota Statutes 2000, section 394.232, 92.2 subdivision 5, is amended to read: 92.3 Subd. 5. [REVIEW AND COMMENT.] (a) For the purpose of 92.4 determining whether the plan conflicts with state laws and 92.5 rules, the county or joint planning district shall submit 92.6 itscommunity-based comprehensivesustainable land use plan to 92.7 the office of strategic and long-range planning for reviewof92.8the extent to which the plan promotes local citizen92.9participation, promotes cooperation among adjacent communities,92.10andand comment. The office shall also comment on the extent to 92.11 which the plan demonstrates consideration of thecommunity-based92.12planninggoals in section 4A.08. The office has 60 days after 92.13 submittal to comment on the plan. 92.14 (b)The office may not disapprove a community-based92.15comprehensive plan if the office determines that the plan92.16promotes local citizen participation, promotes cooperation among92.17adjacent communities, and demonstrates consideration of the92.18community-based planning goals in section 4A.08.92.19(c)If the officedisagrees with a community-based92.20comprehensivefinds that the plan or any elements of the 92.21 plan are in conflict with state laws or rules or the goals in 92.22 section 4A.08, the office shall notify the county or district of 92.23 these findings in writingof how the plan specifically fails to92.24address the goals of community-based planning. The findings are 92.25 advisory only and must not be used as a basis for providing or 92.26 refusing to provide any state aids. Upon receipt of the 92.27 office's written comments, the county or district has 120 days 92.28 toreviseamend thecommunity-based comprehensiveplan and 92.29 resubmit it to the office for reconsideration. The county may 92.30 state in writing any disagreements with the findings. 92.31(d) If the county or district refuses to revise the plan or92.32the office disagrees with the revised plan, the office shall92.33within 60 days notify the county or district that it wishes to92.34initiate the dispute resolution process in chapter 572A.92.35(e) Within 60 days of notice from the office, the county or92.36joint planning district shall notify the office of its intent to93.1enter the dispute resolution process. If the county or district93.2refuses to enter the dispute resolution process, the county or93.3district is ineligible for any future grant disbursements93.4related to community-based planning activities through the93.5office.93.6(f) Priority for other state grants, loans, and other93.7discretionary spending must not be given to local units of93.8government based on their participation in community-based93.9planning.93.10 Sec. 108. Minnesota Statutes 2000, section 394.232, 93.11 subdivision 7, is amended to read: 93.12 Subd. 7. [NO MANDAMUS PROCEEDING.] A mandamus proceeding 93.13 may not be instituted against a county under this section to 93.14 require the county to conform itscommunity-based93.15comprehensiveland use plan to be consistent with the 93.16community-based planninggoals in section 4A.08. 93.17 Sec. 109. Minnesota Statutes 2000, section 403.11, 93.18 subdivision 1, is amended to read: 93.19 Subdivision 1. [EMERGENCY TELEPHONE SERVICE FEE.] (a) Each 93.20 customer of a telephone company or communications carrier that 93.21 provides service capable of originating a 911 emergency 93.22 telephone call is assessed a fee to cover the costs of ongoing 93.23 maintenance and related improvements for trunking and central 93.24 office switching equipment for minimum 911 emergency telephone 93.25 service, plus administrative and staffing costs of the 93.26 department of administration related to managing the 911 93.27 emergency telephone service program. Recurring charges by a 93.28 public utility providing telephone service for updating the 93.29 information required by section 403.07, subdivision 3, must be 93.30 paid by the commissioner of administration if the utility is 93.31 included in an approved 911 plan and the charges have been 93.32 certified and approved under subdivision 3. The commissioner of 93.33 administration shall transfer an amount equal to two cents a 93.34 month from the fee assessed under this section on cellular and 93.35 other nonwire access services to the commissioner of public 93.36 safety for the purpose of offsetting the costs, including 94.1 administrative and staffing costs, incurred by the state patrol 94.2 division of the department of public safety in handling 911 94.3 emergency calls made from cellular phones. Money remaining in 94.4 the 911 emergency telephone service account after all other 94.5 obligations are paid must not cancel and is carried forward to 94.6 subsequent years and may be appropriated from time to time to 94.7 the commissioner of administration to provide financial 94.8 assistance to counties for the improvement of local emergency 94.9 telephone services. The improvements may include providing 94.10 access to minimum 911 service for telephone service subscribers 94.11 currently without access and upgrading existing 911 service to 94.12 include automatic number identification, local location 94.13 identification, automatic location identification, and other 94.14 improvements specified in revised county 911 plans approved by 94.15 the department. 94.16 (b) The feemay not be less than eight cents nor more than94.1730is 27 cents a month for each customer access line or other 94.18 basic access service, including trunk equivalents as designated 94.19 by the public utilities commission for access charge purposes 94.20 and including cellular and other nonwire access services. The 94.21 fee must be the same for all customers. 94.22 (c) The fee must be collected by each company or carrier 94.23 providing service subject to the fee. Fees are payable to and 94.24 must be submitted to the commissioner of administration monthly 94.25 before the 25th of each month following the month of collection, 94.26 except that fees may be submitted quarterly if less than $250 a 94.27 month is due, or annually if less than $25 a month is due. 94.28 Receipts must be deposited in the state treasury and credited to 94.29 a 911 emergency telephone service account in the special revenue 94.30 fund. The money in the account may only be used for 911 94.31 telephone services as provided in paragraph (a). 94.32 (d)The commissioner of administration, with the approval94.33of the commissioner of finance, shall establish the amount of94.34the fee within the limits specified and inform the companies and94.35carriers of the amount to be collected. Companies and carriers94.36must be given a minimum of 45 days' notice of fee changes.95.1(e)This subdivision does not apply to customers of a 95.2 telecommunications carrier as defined in section 237.01, 95.3 subdivision 6. 95.4 Sec. 110. Minnesota Statutes 2000, section 462.351, is 95.5 amended to read: 95.6 462.351 [MUNICIPAL PLANNING AND DEVELOPMENT; STATEMENT OF 95.7 POLICY.] 95.8 The legislature finds thatmunicipalities are faced with95.9mounting problems in providing means of guiding future95.10development of land so as to insure a safer, more pleasant and95.11more economical environment forresidential, commercial, 95.12 industrial and public activities, to preserveare best served 95.13 when land uses decisions are locally controlled, and when such 95.14 plans avoid inflexible, centrally directed land use restrictions 95.15 and mandates that may result in unforeseen consequences. The 95.16 preservation of agricultural and other open lands, and to95.17promote theis best accomplished by private means. Government 95.18 ownership should, to the greatest extent possible, be limited to 95.19 the protection of public health, safety, and general 95.20 welfare.Municipalities can prepare for anticipated changes and95.21by such preparations bring about significant savings in both95.22private and public expenditures.Municipal planning, by 95.23providing public guides to future municipal action, enables95.24other public and private agencies to plan their activities in95.25harmony with the municipality's plans. Municipal planning will95.26assist in developing lands more wisely to serve citizens more95.27effectively,remaining flexible and adaptable to freely 95.28 functioning land markets, will make the provision of public 95.29 services less costly,and will achieve a more secure tax base. 95.30 It is the purpose of sections 462.351 to 462.364 to provide 95.31 municipalities, in a single body of law, with the necessary 95.32 powers and a uniform procedure for adequately conducting and 95.33 implementing municipal planning. 95.34 Sec. 111. Minnesota Statutes 2000, section 462.352, 95.35 subdivision 5, is amended to read: 95.36 Subd. 5. [COMPREHENSIVE MUNICIPAL PLAN.] "Comprehensive 96.1 municipal plan" means a compilation of policy statements, goals, 96.2 standards, and maps for guiding the physical, social and96.3economicdevelopment, both private and public,of the 96.4 municipality and its environs, including air space and 96.5 subsurface areas necessary for mined underground space 96.6 development pursuant to sections 469.135 to 469.141, and. 96.7 Comprehensive municipal plans may include, but is not limited 96.8 to, the following: statements of policies, goals, standards, a 96.9 land use plan,including proposed densities for development,a 96.10 community facilities plan, a transportation plan, and 96.11 recommendations for plan execution. A comprehensive plan 96.12 represents the planning agency's recommendations for the future 96.13 development of the community. 96.14 Sec. 112. Minnesota Statutes 2000, section 462.352, 96.15 subdivision 6, is amended to read: 96.16 Subd. 6. [LAND USE PLAN.] "Land use plan" means a 96.17 compilation of policy statements, goals, standards, and maps, 96.18 and action programs for guidingthefuture developmentof96.19private and public property. Theterm includesplan must 96.20 include clear procedures to allow members of the public to 96.21 initiate a procedure to amend the plan, a plan designating types 96.22 of uses for the entire municipality as well as a specialized 96.23 plan showing specific areas or specific types of land uses, such 96.24 as residential, commercial, industrial, public or semipublic 96.25 uses or any combination of such uses.A land use plan may also96.26include the proposed densities for development.96.27 Sec. 113. Minnesota Statutes 2000, section 462.3535, 96.28 subdivision 1, is amended to read: 96.29 Subdivision 1. [GENERAL.] Each municipality is encouraged 96.30 to prepare and implement acommunity-basedcomprehensive 96.31 municipalplan. A community-based comprehensive municipal plan96.32is a comprehensiveplan that is consistent with the goalsof96.33community-based planningin section 4A.08. 96.34 Sec. 114. Minnesota Statutes 2000, section 462.3535, 96.35 subdivision 2, is amended to read: 96.36 Subd. 2. [COORDINATION.] A municipality that prepares 97.1 acommunity-basedcomprehensive municipal plan that is 97.2 consistent with the goals in section 4A.08 shallcoordinate its97.3plan with the plans, if any, ofprovide a copy of its plan to 97.4 the county and the municipality's neighborsbothin order to 97.5prevent the plan from having andetermine if implementation of 97.6 the plan will result in any clear adverseimpactimpacts on 97.7 other jurisdictionsand to complement the plans of other97.8jurisdictions. The municipality shall prepare its plan to be97.9incorporated into the county's community-based comprehensive97.10plan, if the county is preparing or has prepared one, and shall97.11otherwise assist and cooperate with the county in its97.12community-based planning. 97.13 Sec. 115. Minnesota Statutes 2000, section 462.3535, 97.14 subdivision 3, is amended to read: 97.15 Subd. 3. [LIMITED JOINT PLANNING.] Under the joint 97.16 exercise of powers provisions in section 471.59, a municipality 97.17 may establish a joint planning district with other 97.18 municipalities or counties that are geographically contiguous,97.19to adopt a single community-based comprehensive plan for the97.20districtfor the purpose of jointly developing complementary 97.21 land use plans that are consistent with section 4A.08. The 97.22 purpose of joint planning is to develop separate plans that are 97.23 unique to each municipality, but are not substantially in 97.24 conflict. A municipality may not delegate its authority to 97.25 adopt official controls under sections 462.351 to 462.364, to 97.26 the board of the joint planning district. 97.27 Sec. 116. Minnesota Statutes 2000, section 462.3535, 97.28 subdivision 4, is amended to read: 97.29 Subd. 4. [CITIES; URBAN GROWTH AREAS.](a)The 97.30community-basedcomprehensive municipal plan for a statutory or 97.31 home rule charter city, and official controls to implement the 97.32 plan, must at a minimum, address any urban growth area97.33identified in a county plan and may establish an urban growth97.34area for the urbanized and urbanizing area. The city plan must97.35 establish a staged process forboundary adjustment to include97.36the urbanized or urbanizing area within corporate limits as the98.1urban growth area is developed and providedextending municipal 98.2 services to surrounding areas. 98.3(b) Within the urban growth area, the plan must provide for98.4the staged provision of urban services, including,Such services 98.5 include, but are not limited to, water, wastewater collection 98.6 and treatment, and transportation. 98.7 Sec. 117. Minnesota Statutes 2000, section 462.3535, 98.8 subdivision 10, is amended to read: 98.9 Subd. 10. [NO MANDAMUS PROCEEDING.] A mandamus proceeding 98.10 may not be instituted against a municipality under this section 98.11 to require the municipality to conform itscommunity-based98.12comprehensiveland use plan to be consistent with the 98.13community-based planninggoals in section 4A.08. 98.14 Sec. 118. Minnesota Statutes 2000, section 473.13, is 98.15 amended by adding a subdivision to read: 98.16 Subd. 1b. [REPORT ON CONSULTANTS.] The annual budget must 98.17 list by contract or project, expenditures for consultants and 98.18 professional, technical, and other similar services for the 98.19 preceding fiscal year and those proposed or anticipated in the 98.20 next year. The council shall consult with the state auditor and 98.21 the legislative auditor on how to coherently and effectively 98.22 communicate in the budget information on professional services 98.23 contracts, including a detailed description of the (1) methods 98.24 the council used to obtain consultant services, (2) criteria 98.25 used by the council to award the contract, (3) number of 98.26 consultants who sought the contract, (4) total cost of the 98.27 contract, (5) duration of the contract, (6) source of the funds 98.28 used to pay for the contract. 98.29 Sec. 119. Minnesota Statutes 2000, section 473.1455, is 98.30 amended to read: 98.31 473.1455 [METROPOLITAN DEVELOPMENT GUIDE GOALS.] 98.32 The metropolitan council shall amend the metropolitan 98.33 development guide, as necessary, to reflect and implement the 98.34community-based planninggoals in section 4A.08. The office of 98.35 strategic and long-range planning shall review and comment on 98.36 the metropolitan development guide. The council may not approve 99.1 local comprehensive plans or plan amendments after July 1, 1999, 99.2 until the metropolitan council has received andconsidered99.3 responded in writing to the comments of the office of strategic 99.4 and long-range planning. 99.5 Sec. 120. [473.246] [LEGISLATIVE COMMISSION ON 99.6 METROPOLITAN GOVERNMENT; REVIEW.] 99.7 The metropolitan council shall submit to the legislative 99.8 commission on metropolitan government information on the 99.9 council's tax rates and dollar amounts levied for the current 99.10 year, proposed property tax rates and levies, operating and 99.11 capital budgets, work program, capital improvement program, and 99.12 any other information requested by the commission, for review by 99.13 the legislative commission, as provided in section 3.99. 99.14 Sec. 121. Minnesota Statutes 2000, section 517.08, 99.15 subdivision 1b, is amended to read: 99.16 Subd. 1b. [TERM OF LICENSE; FEE; PREMARITAL EDUCATION.] 99.17 (a) The court administrator shall examine upon oath the party 99.18 applying for a license relative to the legality of the 99.19 contemplated marriage. If at the expiration of a five-day 99.20 period, on being satisfied that there is no legal impediment to 99.21 it, including the restriction contained in section 259.13, the 99.22 court administrator shall issue the license, containing the full 99.23 names of the parties before and after marriage, and county and 99.24 state of residence, with the district court seal attached, and 99.25 make a record of the date of issuance. The license shall be 99.26 valid for a period of six months. In case of emergency or 99.27 extraordinary circumstances, a judge of the district court of 99.28 the county in which the application is made, may authorize the 99.29 license to be issued at any time before the expiration of the 99.30 five days. Except as provided in paragraph (b), the court 99.31 administrator shall collect from the applicant a fee of $70 for 99.32 administering the oath, issuing, recording, and filing all 99.33 papers required, and preparing and transmitting to the state 99.34 registrar of vital statistics the reports of marriage required 99.35 by this section. If the license should not be used within the 99.36 period of six months due to illness or other extenuating 100.1 circumstances, it may be surrendered to the court administrator 100.2 for cancellation, and in that case a new license shall issue 100.3 upon request of the parties of the original license without 100.4 fee. A court administrator who knowingly issues or signs a 100.5 marriage license in any manner other than as provided in this 100.6 section shall pay to the parties aggrieved an amount not to 100.7 exceed $1,000. 100.8 (b) The marriage license fee for parties who have completed 100.9 at least 12 hours of premarital education is $20. In order to 100.10 qualify for the reduced fee, the parties must submit a signed 100.11 and dated statement from the person who provided the premarital 100.12 education confirming that it was received. The premarital 100.13 education must be provided by a licensed or ordained minister or 100.14 the minister's designee, a person authorized to solemnize 100.15 marriages under section 517.18, or a person authorized to 100.16 practice marriage and family therapy under section 148B.33. The 100.17 education must include the use of a premarital inventory and the 100.18 teaching of communication and conflict management skills. 100.19 (c) The statement from the person who provided the 100.20 premarital education under paragraph (b) must be in the 100.21 following form: 100.22 "I, (name of educator), confirm that (names of both 100.23 parties) received at least 12 hours of premarital education that 100.24 included the use of a premarital inventory and the teaching of 100.25 communication and conflict management skills. I am a licensed 100.26 or ordained minister, a person authorized to solemnize marriages 100.27 under Minnesota Statutes, section 517.18, or a person licensed 100.28 to practice marriage and family therapy under Minnesota 100.29 Statutes, section 148B.33." 100.30 The names of the parties in the educator's statement must 100.31 be identical to the legal names of the parties as they appear in 100.32 the marriage license application. Notwithstanding section 100.33 138.17, the educator's statement must be retained for seven 100.34 years, after which time it may be destroyed. 100.35(b)(d) If section 259.13 applies to the request for a 100.36 marriage license, the court administrator shall grant the 101.1 marriage license without the requested name change. 101.2 Alternatively, the court administrator may delay the granting of 101.3 the marriage license until the party with the conviction: 101.4 (1) certifies under oath that 30 days have passed since 101.5 service of the notice for a name change upon the prosecuting 101.6 authority and, if applicable, the attorney general and no 101.7 objection has been filed under section 259.13; or 101.8 (2) provides a certified copy of the court order granting 101.9 it. The parties seeking the marriage license shall have the 101.10 right to choose to have the license granted without the name 101.11 change or to delay its granting pending further action on the 101.12 name change request. 101.13 Sec. 122. Minnesota Statutes 2000, section 517.08, 101.14 subdivision 1c, is amended to read: 101.15 Subd. 1c. [DISPOSITION OF LICENSE FEE.] (a) Of the 101.16 marriage license fee collected pursuant to subdivision 101.17 1b, paragraph (a), $15 must be retained by the county. The 101.18 court administratorshallmust pay $55 to the state treasurer to 101.19 be deposited as follows: 101.20 (1) $50 in the general fund; 101.21 (2) $3 in the special revenue fund to be appropriated to 101.22 the commissioner of children, families, and learning for 101.23 supervised parenting time facilities under section 119A.37; and 101.24 (3) $2 in the special revenue fund to be appropriated to 101.25 the commissioner of health for developing and implementing the 101.26 MN ENABL program under section 145.9255. 101.27 (b) Of the $20 fee under subdivision 1b, paragraph (b), $15 101.28 must be retained by the county. The state court administrator 101.29 must pay $5 to the state treasurer to be distributed as provided 101.30 in paragraph (a), clauses (2) and (3). 101.31 Sec. 123. Minnesota Statutes 2000, section 645.44, is 101.32 amended by adding a subdivision to read: 101.33 Subd. 15a. [MUST.] "Must" is mandatory. 101.34 Sec. 124. Laws 1998, chapter 366, section 80, is amended 101.35 to read: 101.36 Sec. 80. [SETTLEMENT DIVISION; TRANSFER OF JUDGES.] 102.1 The office of administrative hearings shall establish a 102.2 settlement division. The workers' compensation judges at the 102.3 department of labor and industry, together with their support 102.4 staff, offices, furnishings, equipment, and supplies, are 102.5 transferred to the settlement division of the office of 102.6 administrative hearings. Minnesota Statutes, section 15.039, 102.7 applies to the transfer of employees.The settlement division102.8of the office of administrative hearings shall maintain offices102.9in the cities of St. Paul, Duluth, and Detroit Lakes.The 102.10 office of a judge in the settlement division of the office of 102.11 administrative hearings and the support staff of the judge may 102.12 be located in a building that contains offices of the department 102.13 of labor and industry. The seniority of a workers' compensation 102.14 judge at the office of administrative hearings, after the 102.15 transfer, shall be based on the total length of service as a 102.16 judge at either agency. For purposes of the commissioner's plan 102.17 under Minnesota Statutes, section 43A.18, subdivision 2, all 102.18 compensation judges at the office of administrative hearings 102.19 shall be considered to be in the same employment condition, the 102.20 same organizational unit and qualified for work in either 102.21 division. 102.22 Sec. 125. Laws 1998, chapter 404, section 23, subdivision 102.23 6, is amended to read: 102.24 Subd. 6. St. Paul RiverCentre 102.25 Arena 65,000,000 102.26 This appropriation is from the general 102.27 fund to the commissioner of finance for 102.28 a loan to the city of St. Paul to 102.29 demolish the existing St. Paul 102.30 RiverCentre Arena and to design, 102.31 construct, furnish, and equip a new 102.32 arena. This appropriation is not 102.33 available until the lessee to whom the 102.34 city has leased the arena has agreed to 102.35 make rental or other payments to the 102.36 city under the terms set forth in this 102.37 subdivision. The loan is repayable 102.38 solely from and secured by the payments 102.39 made to the city by the lessee. The 102.40 loan is not a public debt and the full 102.41 faith, credit, and taxing powers of the 102.42 city are not pledged for its repayment. 102.43 (a) $48,000,000 of the loan must be 102.44 repaid to the commissioner, without 102.45 interest, within 20 years from the date 102.46 of substantial completion of the arena 103.1 in accordance with the following 103.2 schedule: 103.3 (1) no repayments are due in the first 103.4 two years from the date of substantial 103.5 completion; 103.6 (2) in each of the years three to five, 103.7 the lessee must pay $1,250,000; 103.8 (3) in each of the years six to ten, 103.9 the lessee must pay $1,500,000; 103.10 (4) in each of the years 11 to 13, the 103.11 lessee must pay $2,000,000; 103.12 (5) in year 14, the lessee must pay 103.13 $3,000,000; 103.14 (6) in year 15, the lessee must pay 103.15 $4,000,000; and 103.16 (7) in each of the years 16 to 20, the 103.17 lessee must pay $4,750,000. 103.18 (b) The commissioner must deposit the 103.19 repayments in thestate treasury and103.20credit them to the youth activities103.21account, which is hereby created in the103.22special revenue fund. Money in the103.23youth activities account is available103.24for expenditure as appropriated by103.25lawgeneral fund. 103.26 (c) The loan may not be made until the 103.27 commissioner has entered into an 103.28 agreement with the city of St. Paul 103.29 identifying the rental or other 103.30 payments that will be made and 103.31 establishing the dates on and the 103.32 amounts in which the payments will be 103.33 made to the city and by the city to the 103.34 commissioner. The payments may include 103.35 operating revenues and additional 103.36 payments to be made by the lessee under 103.37 agreements to be negotiated between the 103.38 commissioner, the city, and the 103.39 lessee. Those agreements may include, 103.40 but are not limited to, an agreement 103.41 whereby the lessee pledges to provide 103.42 each year a letter of credit sufficient 103.43 to guarantee the payment of the amount 103.44 due for the next succeeding year; an 103.45 agreement whereby the lessee agrees to 103.46 maintain a net worth, certified each 103.47 year by a financial institution or 103.48 accounting firm satisfactory to the 103.49 commissioner, that is greater than the 103.50 balance due under the payment schedule 103.51 in paragraph (a); and any other 103.52 agreements the commissioner may deem 103.53 necessary to ensure that the payments 103.54 are made as scheduled. 103.55 (d) The agreements must provide that 103.56 the failure of the lessee to make a 103.57 payment due to the city under the 103.58 agreement is an event of default under 103.59 the lease between the city and the 103.60 lessee and that the state is entitled 103.61 to enforce the remedies of the lessor 104.1 under the lease in the event of 104.2 default. Those remedies must include, 104.3 but need not be limited to, the 104.4 obligation of the lessee to pay the 104.5 balance due for the remainder of the 104.6 payment schedule in the event the 104.7 lessee ceases to operate a National 104.8 Hockey League team in the arena. 104.9 (e) By January 1, 1999, the 104.10 commissioner shall report to the chair 104.11 of the senate committee on state 104.12 government finance and the chair of the 104.13 house committee on ways and means the 104.14 terms of an agreement between the 104.15 lessee and the amateur sports 104.16 commission whereby the lessee agrees to 104.17 make the facilities of the arena 104.18 available to the commission on terms 104.19 satisfactory to the commission for 104.20 amateur sports activities consistent 104.21 with the purposes of Minnesota 104.22 Statutes, chapter 240A, each year 104.23 during the time the loan is 104.24 outstanding. The amateur sports 104.25 commission must negotiate in good faith 104.26 and may be required to pay no more than 104.27 actual out-of-pocket expenses for the 104.28 time it uses the arena. The agreement 104.29 may not become effective before 104.30 February 1, 1999. During any calendar 104.31 year after 1999 that an agreement under 104.32 this paragraph is not in effect and a 104.33 payment is due under the schedule, the 104.34 lessee must pay to the commissioner a 104.35 penalty of $750,000 for that year. If 104.36 the amateur sports commission has not 104.37 negotiated in good faith, no penalty is 104.38 due. 104.39 Sec. 126. Laws 1999, chapter 250, article 1, section 115, 104.40 is amended to read: 104.41 Sec. 115. [REPEALER.] 104.42 (a) Minnesota Rules, part 8275.0045, subpart 2, is repealed. 104.43 (b) Minnesota Statutes 1998, sections 15.90; 15.91; 15.92; 104.44 16A.103, subdivision 3; 16E.11; 16E.12; and 16E.13, are repealed. 104.45 (c) Laws 1991, chapter 235, article 5, section 3, as 104.46 amended by Laws 1995, chapter 254, article 1, section 91, is 104.47 repealed. 104.48 (d) Minnesota Statutes 1998, section 16A.1285, subdivisions 104.49 4 and 5, are repealed. 104.50 (e) Minnesota Statutes 1998, sections 207A.01; 207A.02; 104.51 207A.03; 207A.04; 207A.06; 207A.07; 207A.08; 207A.09; and 104.52 207A.10, are repealed. 104.53 (f) S.F. No. 2223 of the 1999 regular session, if enacted, 104.54 is repealed. 105.1(g) Minnesota Statutes 1998, sections 4A.08; 4A.09; and105.24A.10, are repealed.105.3 Sec. 127. Laws 1999, chapter 250, article 1, section 116, 105.4 is amended to read: 105.5 Sec. 116. [EFFECTIVE DATE.] 105.6 (a) Section 41 is effective January 1, 2001. Section 43 is 105.7 effective July 1, 2000, with respect to preparation of the model 105.8 policies and procedures by the commissioner of administration, 105.9 and January 1, 2001, with respect to the other provisions of 105.10 section 43. 105.11 (b) Sections 62 to 64 and 93 are effective January 1, 2001. 105.12 (c) Sections 94 to 100 are effective the day following 105.13 final enactment. 105.14 (d) Sections 47, 49, 55, and 115,paragraphs105.15 paragraph (d)and (g), are effective July 1, 2001. 105.16 (e) Section 61 is effective the day following final 105.17 enactment and applies only to contracts executed on or after 105.18 that date. 105.19 (f) The commissioner of employee relations may not 105.20 implement the long-term care insurance plan under section 78 105.21 until April 1, 2000. 105.22 Sec. 128. [APPLICATION.] 105.23 Sections 118 and 120 apply in the counties of Anoka, 105.24 Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 105.25 Sec. 129. [REQUEST FOR PROPOSAL; INTERTECHNOLOGIES 105.26 SERVICES.] 105.27 By January 1, 2002, the commissioner of administration must 105.28 issue one or more requests for proposals covering all services 105.29 currently provided by the intertechnologies group in the 105.30 department of administration. Current state employees, as well 105.31 as outside vendors, may respond to the request for proposals. 105.32 Based on the requests, the commissioner must enter into a 105.33 contract to provide services covered by the requests for 105.34 proposals for the period beginning July 1, 2002. 105.35 Sec. 130. [URBAN RIVERS GUIDELINES.] 105.36 The office of strategic and long-range planning, in 106.1 consultation with appropriate and affected parties, must prepare 106.2 guidelines for sustainable development along the central 106.3 business districts of rivers in urban areas of the state. The 106.4 office must: 106.5 (1) evaluate existing state and municipal laws; 106.6 (2) review federal legislation affecting urban rivers; and 106.7 (3) identify the technical and administrative procedures to 106.8 guide urban river development. 106.9 The draft guidelines must be made available to the 106.10 environmental and economic development policy committees of the 106.11 legislature, and to interested parties, by January 15, 2002. 106.12 Sec. 131. [INITIAL BOARD.] 106.13 The initial board of Northern Technology, Inc. consists of 106.14 the president of Pine Technical College and one member of each 106.15 of the governing bodies of Carlton, Chisago, Isanti, Kanabec, 106.16 and Pine counties, appointed by the governing bodies. Members 106.17 of the initial board must be appointed within 30 days of the 106.18 effective date of this act and must adopt bylaws within 30 days 106.19 of the appointment of the last board member appointed under this 106.20 section. Any additional board members required under the bylaws 106.21 or Minnesota Statutes, section 116T.02, subdivision 3, must take 106.22 office or be appointed within 30 days after the adoption of 106.23 bylaws under this section. 106.24 Sec. 132. [HIAWATHA AVENUE LIGHT RAIL TRANSIT COST 106.25 CALCULATION.] 106.26 (a) The office of the legislative auditor shall prepare a 106.27 complete accounting of all federal, state, and local costs 106.28 relating to the Hiawatha avenue light rail transit line. The 106.29 cost accounting must include: 106.30 (1) planning, environmental studies, and preliminary and 106.31 final design and engineering for the project; 106.32 (2) construction and other capital costs of the light rail 106.33 transit line when completed; 106.34 (3) improvements and repairs to and reconstruction of state 106.35 and local streets and highways incurred and anticipated as a 106.36 result of the project; 107.1 (4) all costs of utility relocation resulting from the 107.2 project; 107.3 (5) all costs incurred by the department of transportation 107.4 with respect to public information and communications about the 107.5 project; 107.6 (6) construction, acquisition, or lease of park-and-ride 107.7 facilities that would serve project riders, including costs of 107.8 relocating other public facilities to make room for those 107.9 park-and-ride facilities; 107.10 (7) projected costs of connecting the Hiawatha avenue light 107.11 rail transit line with commuter rail facilities; 107.12 (8) any costs necessitated by the project and included in 107.13 the project budget for the reconstruction of marked trunk 107.14 highway No. 55, to the extent not included under clause (3); and 107.15 (9) all public costs relating to the acquisition of real 107.16 property for the line and for the purchase and development of 107.17 real property adjacent to the project right-of-way. 107.18 (b) The legislative auditor shall submit an interim report 107.19 of the cost accounting to the legislature by March 1, 2002, and 107.20 shall submit a final report to the legislature by March 1, 2003. 107.21 Sec. 133. [PAY EQUITY STUDY.] 107.22 The commissioner of employee relations shall convene a work 107.23 group to examine the practices and progress of the local 107.24 government pay equity act. The commissioner must report the 107.25 findings of the group to the legislature by January 15, 2002. 107.26 Sec. 134. [SHALL/MUST.] 107.27 The revisor of statutes, in consultation with the directors 107.28 of house research and senate counsel and research, must report 107.29 to the house of representatives and senate rules committees and 107.30 the legislative coordinating commission by November 1, 2001, on 107.31 a proposal to change "shall" to "must" in Minnesota Statutes. 107.32 Sec. 135. [HOUSE CHAMBER POLICY.] 107.33 The Sergeant-at-Arms of the House of Representatives must 107.34 not allow a male member of the Minnesota Senate to be admitted 107.35 within the House Chamber while the person is wearing a neck tie, 107.36 bow tie, or other cravat. The Sergeant-at-Arms must strictly 108.1 enforce this section. 108.2 Sec. 136. [LOCATING STATE AGENCIES.] 108.3 It is the policy of the Minnesota legislature to ensure 108.4 that state government services are available to all people of 108.5 our state. 108.6 Therefore, the office of strategic and long-range planning, 108.7 in cooperation with the departments of administration and 108.8 finance, shall develop criteria for the proper location of state 108.9 agencies or parts of state agencies. The purpose of these 108.10 criteria will be to evaluate the advantages and disadvantages of 108.11 proposals to relocate and decentralize state services and 108.12 facilities. 108.13 The office shall report its recommendations to the senate 108.14 finance committee, senate capital investment committee, house 108.15 ways and means committee, and house capital investment committee 108.16 by January 15, 2002. 108.17 Sec. 137. [RENT ADJUSTMENTS.] 108.18 General fund appropriations in this act to state agencies 108.19 for increased rent costs must be reduced by a total of 108.20 $2,864,000. The commissioner of finance must allocate this 108.21 reduction proportionately among agencies and reduce 108.22 appropriations to the agencies accordingly. 108.23 Sec. 138. [RATIFICATIONS.] 108.24 Subdivision 1. [UNREPRESENTED MANAGERS; MINNESOTA STATE 108.25 COLLEGES AND UNIVERSITIES.] The amendments to the plan for 108.26 administrators of the Minnesota state colleges and universities, 108.27 approved by the legislative coordinating commission subcommittee 108.28 on employee relations on July 21, 2000, are ratified. 108.29 Subd. 2. [SALARIES FOR HEADS OF STATE AGENCIES.] The 108.30 proposal to increase the salaries of certain heads of state 108.31 agencies, approved by the legislative coordinating commission 108.32 subcommittee on employee relations on July 21, 2000, is ratified. 108.33 Subd. 3. [ENGINEERS.] The arbitration award and labor 108.34 agreement between the state of Minnesota and the Minnesota 108.35 government engineers council, approved by the legislative 108.36 coordinating commission subcommittee on employee relations on 109.1 September 8, 2000, are ratified. 109.2 Subd. 4. [SALARIES FOR CERTAIN HEADS OF STATE 109.3 AGENCIES.] The proposals to increase the salaries of the 109.4 directors of the state board of investment and the teachers 109.5 retirement association, as approved by the legislative 109.6 coordinating commission subcommittee on employee relations on 109.7 September 8, 2000, are ratified. 109.8 Sec. 139. [REVISOR'S INSTRUCTION.] 109.9 The revisor of statutes shall renumber Minnesota Statutes, 109.10 section 16B.88, as Minnesota Statutes, section 4.50. 109.11 Sec. 140. [TRANSFERS.] 109.12 The office of citizenship and volunteer services is 109.13 transferred from the department of administration to the office 109.14 of the governor according to Minnesota Statutes, section 15.039. 109.15 Sec. 141. [REPEALER.] 109.16 (a) Minnesota Statutes 2000, sections 3.9222; 8.31, 109.17 subdivision 2c; 13.606, subdivision 2; 16B.37; 16B.58, 109.18 subdivision 7; 129D.06; 394.232; 473.1455; 572A.01; and 572A.03, 109.19 subdivision 2, are repealed. 109.20 (b) Minnesota Statutes 2000, sections 13.202, subdivision 109.21 8; 465.795; 465.796; 465.797; 465.7971; 465.798; 465.799; 109.22 465.801; 465.802; 465.803; 465.83; 465.87; and 465.88, are 109.23 repealed. 109.24 (c) Minnesota Statutes 2000, sections 4A.07, subdivision 3; 109.25 462.352, subdivision 18; and 462.3535, subdivisions 5, 6, 7, 8, 109.26 and 9, are repealed. 109.27 (d) Minnesota Statutes 2000, sections 16A.67; 16A.6701; and 109.28 246.18, subdivision 7, are repealed. 109.29 (e) Minnesota Statutes 2000, section 43A.18, subdivision 5, 109.30 is repealed. 109.31 Sec. 142. [EFFECTIVE DATE.] 109.32 Sections 9 and 10 are effective January 1, 2002. Sections 109.33 28 to 32 are effective July 1, 2002. Sections 38, 57, 86, 126, 109.34 and 127 are effective June 30, 2001. Sections 71 and 73 to 75 109.35 are effective the day following final enactment. Section 73 is 109.36 a clarification of the law in effect before the effective date 110.1 of section 73. Sections 14; 41; 42; 82; 83; 88; 138; and 141, 110.2 paragraph (e), are effective the day following final enactment. 110.3 Section 141, paragraph (d), is effective December 31, 2001. 110.4 ARTICLE 3 110.5 ELECTIONS 110.6 Section 1. Minnesota Statutes 2000, section 103C.311, 110.7 subdivision 1, is amended to read: 110.8 Subdivision 1. [SUPERVISORS ELECTED AT LARGE.] (a) The 110.9 district board, after the initial election has been held, shall, 110.10 with the approval of the state board, divide a district into 110.11 five supervisor districts for purposes of nomination for 110.12 election. At each election after the division, one or more 110.13 supervisors shall be nominated from each supervisor district. A 110.14 supervisor must be a resident of the supervisor district to be 110.15 elected. 110.16 (b) If the boundary of a soil and water conservation 110.17 district has been substantially changed by a division of the 110.18 district, the district shall be divided into five supervisor 110.19 districts for nomination purposes. 110.20 (c) This subdivision does not disqualify a supervisor 110.21 during the term for which the supervisor was elected or 110.22 nominated for election. Supervisors nominated from the 110.23 supervisor districts shall be included on the ballot for 110.24 election from the entire area included in the soil and water 110.25 conservation district. 110.26 (d) A certified copy of the minutes or the resolution of 110.27 the supervisors establishing supervisor districts must be 110.28 promptly filed by the chair of the district board with the 110.29 county auditor of the counties where the district is located and 110.30 with the state board. 110.31 Sec. 2. [200.039] [PETITION REQUIREMENTS FOR BALLOT 110.32 QUESTIONS.] 110.33 If a statute: 110.34 (1) provides that a ballot question may or must be placed 110.35 on the ballot when a specified number of individuals have signed 110.36 a petition, and 111.1 (2) specifies the number of individuals required under the 111.2 statute as a percentage of the individuals who voted in a 111.3 previous election, 111.4 the statute must be construed to mean that the petition must be 111.5 signed by a number of current voters equal to the required 111.6 percentage specified in the statute. The statute must not be 111.7 construed to restrict the eligibility to sign the petition to 111.8 only those individuals who were eligible to cast ballots or who 111.9 did cast ballots in the previous election. 111.10 Sec. 3. Minnesota Statutes 2000, section 201.016, 111.11 subdivision 1a, is amended to read: 111.12 Subd. 1a. [VIOLATIONS; PENALTY.] (a) The county auditor 111.13 shall mail a violation notice to any voter who the county 111.14 auditor can determine has voted in a precinct other than the 111.15 precinct in which the voter maintains residence. The notice 111.16 must be in the form provided by the secretary of state. The 111.17 county auditor shall also change the status of the voter in the 111.18 statewide registration system to "challenged" and the voter 111.19 shall be required to provide proof of residence to either the 111.20 county auditor or to the election judges in the voter's precinct 111.21 before voting in the next election. Any of the forms authorized 111.22 by section 201.061 for registration at the polling place may be 111.23 used for this purpose. 111.24 (b) A voter who votes in a precinct other than the precinct 111.25 in which the voter maintains residence after receiving an 111.26 initial violation notice as provided in this subdivision is 111.27 guilty of a petty misdemeanor.Any subsequent violation111.28 (c) A voter who votes in a precinct other than the precinct 111.29 in which the voter maintains residence after having been found 111.30 to have committed a petty misdemeanor under paragraph (b) is 111.31 guilty of a misdemeanor. 111.32 (d) A voter who votes in a precinct other than the precinct 111.33 in which the voter maintains residence after having been 111.34 convicted of a misdemeanor under paragraph (c), is guilty of a 111.35 gross misdemeanor. 111.36 (e) Reliance by the voter on inaccurate information 112.1 regarding the location of the voter's polling place provided by 112.2 the state, a county, or municipality is an affirmative defense 112.3 to a prosecution under this subdivision. 112.4 Sec. 4. Minnesota Statutes 2000, section 201.022, is 112.5 amended to read: 112.6 201.022 [STATEWIDE REGISTRATION SYSTEM.] 112.7 Subdivision 1. [ESTABLISHMENT.] The secretary of state 112.8 shalldevelop and implementmaintain a statewide voter 112.9 registration system to facilitate voter registration and to 112.10 provide a central database containing voter registration 112.11 information from around the state. The system must be 112.12 accessible to the county auditor of each county in the state. 112.13 Subd. 2. [RULES.] The secretary of state shall make 112.14 permanent rules necessary to administer the system required in 112.15 subdivision 1. The rules must at least: 112.16 (1) provide for voters to submit their registration to any 112.17 county auditor, the secretary of state, or the department of 112.18 public safety; 112.19 (2) provide for the establishment and maintenance of a 112.20 central database for all voter registration information; 112.21 (3) provide procedures for entering data into the statewide 112.22 registration system; 112.23 (4) provide for interaction with the computerized driver's 112.24 license records of the department of public safety; 112.25 (5) allow the offices of all county auditors and the 112.26 secretary of state to add, modify, and delete information from 112.27 the system to provide for accurate and up-to-date records; 112.28 (6) allow the offices of all county auditors and the 112.29 secretary of state's office to have access to the statewide 112.30 registration system for review and search capabilities; 112.31 (7) provide security and protection of all information in 112.32 the statewide registration system and to ensure that 112.33 unauthorized entry is not allowed; 112.34 (8) provide a system for each county to identify the 112.35 precinct to which a voter should be assigned for voting 112.36 purposes; and 113.1 (9)prescribe a procedure for phasing in or converting113.2existing computerized records to the statewide registration113.3system;113.4(10)prescribe a procedure for the return of completed 113.5 voter registration forms from the department of public safety to 113.6 the secretary of state or the county auditor; and. 113.7(11) provide alternate procedures, effective until December113.831, 1990, for updating voter records and producing polling place113.9rosters for counties. The secretary of state shall determine no113.10later than June 1, 1990, whether these alternate procedures will113.11be required.113.12 Sec. 5. Minnesota Statutes 2000, section 201.061, 113.13 subdivision 3, is amended to read: 113.14 Subd. 3. [ELECTION DAY REGISTRATION.] (a) An individual 113.15 who is eligible to vote may register on election day by 113.16 appearing in person at the polling place for the precinct in 113.17 which the individual maintains residence, by completing a 113.18 registration card, making an oath in the form prescribed by the 113.19 secretary of state and providing proof of identification and 113.20 residence. 113.21 (b) An individual may proveresidenceidentity for purposes 113.22 of registering by showing one of the following: 113.23 (1)showinga driver's license or Minnesota identification 113.24 card issued pursuant to section 171.07; 113.25 (2)showing any document approved by the secretary of state113.26as propera United States passport or military identification; 113.27 (3)showing one of the following:113.28(i)a current valid student identification card from a 113.29 post-secondary educational institution in Minnesota, if a list113.30of students from that institution has been prepared under113.31section 135A.17 and certified to the county auditor in the113.32manner provided in rules of the secretary of state;or113.33(ii)(4) a current valid employee photo identification card 113.34 issued by the state or by a political subdivision; 113.35 (5) a current valid photo identification card issued by the 113.36 health department to recipients of medical assistance; or 114.1 (6) an identification card issued by the tribal government 114.2 of a tribe recognized by the Bureau of Indian Affairs, 114.3 Department of the Interior, that contains the name, residence 114.4 address, signature, date of birth, and picture of the individual. 114.5 (c) In addition, an individual may prove residence for 114.6 purposes of registration if the document shown in compliance 114.7 with paragraph (b) does not contain the individual's current 114.8 residence address by providing one of the following: 114.9 (1) an electric, water, natural gas, garbage, sewer, 114.10 telephone, or cable television bill that is due within 30 days 114.11 after election day; 114.12 (2) a Minnesota driver's license, learner's permit, or 114.13 identification card, or a receipt for one of these; 114.14 (3) notice of late voter registration; 114.15 (4) a student list prepared under section 135A.17 and 114.16 certified to the county auditor in the manner provided in rules 114.17 of the secretary of state; 114.18 (5) an identification card issued by the tribal government 114.19 of a tribe recognized by the Bureau of Indian Affairs, 114.20 Department of the Interior, that contains the name, residence 114.21 address, signature, date of birth, and picture of the 114.22 individual; 114.23 (6) a current student fee statement that contains the 114.24 student's valid address in the precinct together with a picture 114.25 identification card; or 114.26(4)(7) having a voter who is registered to vote in the 114.27 precinct sign an oath in the presence of the election judge 114.28 vouching that the voter personally knows that the individual is 114.29 a resident of the precinct. A voter who has been vouched for on 114.30 election day may not sign a proof of residence oath vouching for 114.31 any other individual on that election day. 114.32 (d) A county, school district, or municipalitymaymust 114.33 require that an election judge responsible for election day 114.34 registration initial each completed registration card. 114.35[EFFECTIVE DATE.] This section is effective April 1, 2002. 114.36 Sec. 6. Minnesota Statutes 2000, section 201.071, 115.1 subdivision 1, is amended to read: 115.2 Subdivision 1. [FORM.] A registration card must be of 115.3 suitable size and weight for mailing and contain spaces for the 115.4 following required information: voter's first name, middle 115.5 name, and last name; voter's previous name, if any; voter's 115.6 current address; voter's previous address, if any; voter's date 115.7 of birth; voter's municipality and county of residence; voter's 115.8 telephone number, if provided by the voter; the final four 115.9 digits of the voter's social security number (or the statement 115.10 "NONE" if the voter has no social security number); date of 115.11 registration; and voter's signature. The card must also contain 115.12 a certification of voter eligibility. 115.13 The form of the voter registration card and the 115.14 certification of voter eligibility must be as provided in the 115.15 rules of the secretary of state. Voter registration forms 115.16 authorized by the National Voter Registration Act may also be 115.17 accepted as valid. 115.18[EFFECTIVE DATE.] This section is effective April 1, 2002. 115.19 Sec. 7. Minnesota Statutes 2000, section 201.071, 115.20 subdivision 3, is amended to read: 115.21 Subd. 3. [DEFICIENT REGISTRATION.] No registration is 115.22 deficient if it contains the voter's name, address, date of 115.23 birth, the final four digits of the voter's social security 115.24 number (or the statement "NONE" if the voter has no social 115.25 security number), prior registration, if any, and signature. 115.26 The absence of a zip code number does not cause the registration 115.27 to be deficient. The election judges shall request an 115.28 individual to correct a registration card if it is deficient or 115.29 illegible or if the name or number of the voter's school 115.30 district is missing or obviously incorrect. No eligible voter 115.31 may be prevented from voting unless the voter's registration 115.32 card is deficient or the voter is duly and successfully 115.33 challenged in accordance with section 201.195 or 204C.12. 115.34 A registration card accepted prior to August 1, 1983, is 115.35 not deficient for lack of date of birth. The county or 115.36 municipality may attempt to obtain the date of birth for a 116.1 registration card accepted prior to August 1, 1983, by a request 116.2 to the voter at any time except at the polling place. Failure 116.3 by the voter to comply with this request does not make the 116.4 registration deficient. 116.5 A registration card accepted before April 1, 2002, is not 116.6 deficient for lack of the final four digits of the voter's 116.7 social security number. A county or municipality may attempt to 116.8 obtain this information for a registration card accepted before 116.9 April 1, 2002, by a request to the voter at any time except at 116.10 the polling place. Failure by the voter to comply with this 116.11 request does not make the registration deficient. 116.12[EFFECTIVE DATE.] This section is effective April 1, 2002. 116.13 Sec. 8. Minnesota Statutes 2000, section 201.071, is 116.14 amended by adding a subdivision to read: 116.15 Subd. 9. [EXISTING CARDS.] Existing stocks of registration 116.16 cards printed before April 1, 2002, that do not contain the 116.17 social security information required under this section may 116.18 continue to be used until the stock is exhausted. All 116.19 registration cards printed after March 31, 2002, must conform 116.20 with this section. 116.21[EFFECTIVE DATE.] This section is effective April 1, 2002. 116.22 Sec. 9. Minnesota Statutes 2000, section 201.071, is 116.23 amended by adding a subdivision to read: 116.24 Subd. 10. [RULES.] The secretary of state shall adopt 116.25 rules to provide for registration cards that conform with this 116.26 section. 116.27 Sec. 10. Minnesota Statutes 2000, section 201.091, 116.28 subdivision 1, is amended to read: 116.29 Subdivision 1. [MASTER LIST.] Each county auditor shall 116.30 prepare and maintain a current list of registered voters in each 116.31 precinct in the county which is known as the master list. The 116.32 master list must be created by entering each completed voter 116.33 registration card received by the county auditor into the 116.34 statewide registration system. It must show the name, residence 116.35 address, and date of birth of each voter registered in the 116.36 precinct. The information contained in the master list may only 117.1 be made available to public officials for purposes related to 117.2 election administration, jury selection, and in response to a 117.3 law enforcement inquiry concerning a violation of or failure to 117.4 comply with any criminal statute or state or local tax statute. 117.5 If a copy of the master list is provided to a public official 117.6 for jury selection or in response to a law enforcement inquiry 117.7 described in this subdivision, the list may not include the 117.8 final four digits of the social security number of any voter. 117.9 Sec. 11. Minnesota Statutes 2000, section 201.091, is 117.10 amended by adding a subdivision to read: 117.11 Subd. 1a. [POLLING PLACE ROSTER.] A polling place roster 117.12 produced from data maintained in the statewide voter 117.13 registration file may not include the final four digits of the 117.14 social security number of any voter. 117.15 Sec. 12. Minnesota Statutes 2000, section 201.091, 117.16 subdivision 4, is amended to read: 117.17 Subd. 4. [PUBLIC INFORMATION LISTS.] (a) The county 117.18 auditor shall make available for inspection a public information 117.19 list which must contain the name, address, year of birth, and 117.20 voting history of each registered voter in the county. The 117.21 telephone number must be included on the list if provided by the 117.22 voter. The public information list may also include information 117.23 on voting districts. The list must not contain the final four 117.24 digits of the social security number of any voter. The county 117.25 auditor may adopt reasonable rules governing access to the list. 117.26 (b) No individual inspecting the public information list 117.27 shall tamper with or alter it in any manner. No individual who 117.28 inspects the public information list or who acquires a list of 117.29 registered voters prepared from the public information list may 117.30 use any information contained in the list for purposes unrelated 117.31 to elections, political activities, or law enforcement. The 117.32 secretary of state may provide copies of the public information 117.33 lists and other information from the statewide registration 117.34 system for uses related to elections, political activities, or 117.35 in response to a law enforcement inquiry from a public official 117.36 concerning a failure to comply with any criminal statute or any 118.1 state or local tax statute. 118.2 (c) Before inspecting the public information list or 118.3 obtaining a list of voters or other information from the list, 118.4 the individual shall provide identification to the public 118.5 official having custody of the public information list and shall 118.6 state in writing that any information obtained from the list 118.7 will not be used for purposes unrelated to elections, political 118.8 activities, or law enforcement. Requests to examine or obtain 118.9 information from the public information lists or the statewide 118.10 registration system must be made and processed in the manner 118.11 provided in the rules of the secretary of state. 118.12 (d) Upon receipt of a written request and a copy of the 118.13 court order, the secretary of state may withhold from the public 118.14 information list the name of any registered voter placed under 118.15 court-ordered protection. 118.16 (e) The inspection and copying of a roster signed by voters 118.17 at a precinct on election day must be conducted in the same 118.18 manner as the inspection and copying of a public information 118.19 list under this section. 118.20[EFFECTIVE DATE.] This section is effective April 1, 2002. 118.21 Sec. 13. Minnesota Statutes 2000, section 201.155, is 118.22 amended to read: 118.23 201.155 [REPORT ON FELONY CONVICTIONS.] 118.24 The state court administrator shall report at least monthly 118.25 to the secretary of state the name, address, final four digits 118.26 of the voter's social security number (or the statement "NONE" 118.27 if the voter has no social security number), date of birth, date 118.28 of sentence, effective date of the sentence, and county in which 118.29 the conviction occurred of each person who has been convicted of 118.30 a felony. The state court administrator shall also report the 118.31 name, address, final four digits of the voter's social security 118.32 number (or the statement "NONE" if the voter has no social 118.33 security number), and date of birth of each person previously 118.34 convicted of a felony whose civil rights have been restored. 118.35 The secretary of stateshall determine if any of the persons in118.36the report is registered to vote andshallprepareforward a 119.1 list of thoseregistrants forindividuals to each county 119.2 auditor. The county auditor shall determine if any person 119.3 identified in the report as a resident of the county is 119.4 registered to vote in the county and change the status ofthose119.5registrantseach such registrant in the appropriate manner in 119.6 the statewide registration system. 119.7 Sec. 14. [201.163] [DUTIES OF LOCAL JURISDICTIONS.] 119.8 (a) If a political subdivision conducts an election at 119.9 which a vacant office is to be filled or a ballot question is to 119.10 be voted upon by the voters of the political subdivision, the 119.11 political subdivision shall file a written notice of the 119.12 election with the county auditor of each county in which the 119.13 election is to be conducted. The notice must be filed at least 119.14 49 days before the date of the election. 119.15 (b) The county auditor must file a notice with the 119.16 secretary of state immediately after the notice of the election 119.17 is filed with the auditor under section 205.16, subdivision 4, 119.18 or 205A.07, subdivision 3, or notice of the election is filed 119.19 with the county auditor by any political subdivision other than 119.20 a municipality or school district. The notice must set forth 119.21 the name of the political subdivision, the date of the election, 119.22 the vacant offices to be filled, or the text of the ballot 119.23 question as the question will appear on the ballot. 119.24[EFFECTIVE DATE.] This section is effective July 1, 2001. 119.25 Sec. 15. Minnesota Statutes 2000, section 202A.19, 119.26 subdivision 1, is amended to read: 119.27 Subdivision 1. [LIMITS ON LOCAL GOVERNMENT MEETINGS.] 119.28 No special taxing district governing body, school board, county 119.29 board of commissioners, township board, or city council may 119.30 conduct a meeting after 6:00 p.m. on the day of a major 119.31 political party precinct caucus. As used in this subdivision, 119.32 "special taxing district" has the meaning given in section 119.33 275.066. 119.34 Sec. 16. Minnesota Statutes 2000, section 203B.04, 119.35 subdivision 1, is amended to read: 119.36 Subdivision 1. [APPLICATION PROCEDURES.] Except as 120.1 otherwise allowed by subdivision 2, an application for absentee 120.2 ballots for any election may be submitted at any time not less 120.3 than one day before the day of that election. The county 120.4 auditor shall prepare absentee ballot application forms in the 120.5 format provided in the rules of the secretary of state and shall 120.6 furnish them to any person on request. An application submitted 120.7 pursuant to this subdivision shall be in writing and shall be 120.8 submitted to: 120.9 (a) the county auditor of the county where the applicant 120.10 maintains residence; or 120.11 (b) the municipal clerk of the municipality, or school 120.12 district if applicable, where the applicant maintains residence. 120.13 An application shall be approved if it is timely received, 120.14 signed and dated by the applicant, contains the applicant's name 120.15 and residence and mailing addresses, and states that the 120.16 applicant is eligible to vote by absentee ballot for one of the 120.17 reasons specified in section 203B.02. The application may 120.18 contain a request for the voter's date of birth, which must not 120.19 be made available for public inspection. An application may be 120.20 submitted to the county auditor or municipal clerk by an 120.21 electronic facsimile device, at the discretion of the auditor or120.22clerk. An application mailed or returned in person to the 120.23 county auditor or municipal clerk on behalf of a voter by a 120.24 person other than the voter must be deposited in the mail or 120.25 returned in person to the county auditor or municipal clerk 120.26 within ten days after it has been dated by the voter and no 120.27 later than six days before the election. The absentee ballot 120.28 applications or a list of persons applying for an absentee 120.29 ballot may not be made available for public inspection until the 120.30 close of voting on election day. 120.31 An application under this subdivision may contain an 120.32 application under subdivision 5 to automatically receive an 120.33 absentee ballot application. 120.34 Sec. 17. Minnesota Statutes 2000, section 203B.04, 120.35 subdivision 5, is amended to read: 120.36 Subd. 5. [PERMANENT ILLNESS OR DISABILITY.] (a) An 121.1 eligible voter who reasonably expects to be permanently unable 121.2 to go to the polling place on election day because of illness or 121.3 disability may apply to a county auditor or municipal clerk 121.4 under this section to automatically receive an absentee ballot 121.5 application before each election, other than an election by mail 121.6 conducted under section 204B.45, and to have the status as a 121.7 permanent absentee voter indicated on the voter's registration 121.8 record. 121.9 (b) The secretary of state shall adopt rules governing 121.10 procedures under this subdivision. 121.11 Sec. 18. Minnesota Statutes 2000, section 203B.06, is 121.12 amended by adding a subdivision to read: 121.13 Subd. 3a. [UNOFFICIAL BALLOTS.] If no official ballots are 121.14 ready at the time absentee balloting is scheduled to begin or 121.15 the supply is exhausted before absentee balloting ends, the 121.16 county auditor or municipal clerk shall prepare unofficial 121.17 ballots, printed or written as nearly as practicable in the form 121.18 of the official ballots. These ballots may be used until the 121.19 official ballots are available. 121.20 Sec. 19. Minnesota Statutes 2000, section 203B.07, 121.21 subdivision 1, is amended to read: 121.22 Subdivision 1. [DELIVERY OF ENVELOPES, DIRECTIONS.] The 121.23 county auditor or the municipal clerk shall prepare, print, and 121.24 transmit a return envelope, a ballot envelope, and a copy of the 121.25 directions for casting an absentee ballot to each applicant 121.26 whose application for absentee ballots is accepted pursuant to 121.27 section 203B.04. The directions for casting an absentee ballot 121.28 shall be printed in at least 14-point bold type with heavy 121.29 leading and may be printed on the ballot envelope. When a 121.30 person requests the directions in Braille or on cassette tape, 121.31 the county auditor or municipal clerk shall provide them in the 121.32 form requested. The secretary of state shall prepare Braille 121.33 and cassette copies and make them available. 121.34 When a voter registration card is sent to the applicant as 121.35 provided in section 203B.06, subdivision 4, the directions or 121.36 registration card shall include instructions for registering to 122.1 vote. 122.2 Sec. 20. Minnesota Statutes 2000, section 203B.11, is 122.3 amended by adding a subdivision to read: 122.4 Subd. 5. [STUDY REGARDING VOTER PRIVACY.] The secretary of 122.5 state shall conduct a study regarding procedures to ensure the 122.6 privacy of voters in health care facilities while voting. No 122.7 later than December 31, 2002, the secretary of state shall file 122.8 a report with the legislature setting forth the findings and 122.9 recommendations of the secretary. 122.10 Sec. 21. Minnesota Statutes 2000, section 203B.16, 122.11 subdivision 1, is amended to read: 122.12 Subdivision 1. [MILITARY SERVICE; TEMPORARY RESIDENCE 122.13 OUTSIDE UNITED STATES.] Sections 203B.16 to 203B.27 provide 122.14 alternative voting procedures for eligible voters who are absent 122.15 from the precinct where they maintain residence because they are: 122.16(a)(1) either in the military or the spouses or dependents 122.17 of individuals serving in the military; or 122.18(b)(2) temporarily outside the territorial limits of the 122.19 United States. 122.20 Sections 203B.16 to 203B.27 are intended to implement the 122.21 federal Uniformed and Overseas Citizens Absentee Voting Act, 122.22 United States Code, title 42, section 1973ff. 122.23 Sec. 22. Minnesota Statutes 2000, section 203B.17, 122.24 subdivision 1, is amended to read: 122.25 Subdivision 1. [SUBMISSION OF APPLICATION.] (a) An 122.26 application for absentee ballots for a voter described in 122.27 section 203B.16 may be submitted in writing or by electronic 122.28 facsimile device, or by electronic mail upon determination by 122.29 the secretary of state that security concerns have been 122.30 adequately addressed. An application for absentee ballots for a 122.31 voter described in section 203B.16 may be submitted by that 122.32 voter or by that voter's parent, spouse, sister, brother, or 122.33 child over the age of 18 years. For purposes of an application 122.34 under this subdivision, a person's social security number, no 122.35 matter how it is designated, qualifies as the person's military 122.36 identification number if the person is in the military. 123.1 (b) An application for a voter described in section 123.2 203B.16, subdivision 1, shall be submitted to the county auditor 123.3 of the county where the voter maintains residence. 123.4 (c) An application for a voter described in section 123.5 203B.16, subdivision 2, shall be submitted to the county auditor 123.6 of the county where the voter last maintained residence in 123.7 Minnesota. 123.8 (d) An application for absentee ballots for a primary shall 123.9 also constitute an application for absentee ballots fortheany 123.10 ensuing general or special election conducted during the same 123.11 calendar year in which the application is received. 123.12 (e) There shall be no limitation of time for filing and 123.13 receiving applications for ballots under sections 203B.16 to 123.14 203B.27. 123.15 Sec. 23. Minnesota Statutes 2000, section 204B.06, 123.16 subdivision 1, is amended to read: 123.17 Subdivision 1. [FORM OF AFFIDAVIT.] (a) An affidavit of 123.18 candidacy shall state the name of the office sought and shall 123.19 state that the candidate: 123.20(a)(1) is an eligible voter; 123.21(b)(2) has no other affidavit on file as a candidate for 123.22 any office at the same primary or next ensuing general election, 123.23 except that a candidate for soil and water conservation district 123.24 supervisor in a district not located in whole or in part in 123.25 Anoka, Hennepin, Ramsey, or Washington county, may also have on 123.26 file an affidavit of candidacy for mayor or council member of a 123.27 statutory or home rule charter city of not more than 2,500 123.28 population contained in whole or in part in the soil and water 123.29 conservation district or for town supervisor in a town of not 123.30 more than 2,500 population contained in whole or in part in the 123.31 soil and water conservation district; and 123.32(c)(3) is, or will be on assuming the office, 21 years of 123.33 age or more, and will have maintained residence in the district 123.34 from which the candidate seeks election for 30 days before the 123.35 general election. 123.36 An affidavit of candidacy must include a statement that the 124.1 candidate's name as written on the affidavit for ballot 124.2 designation is the candidate's true name or the name by which 124.3 the candidate is commonly and generally known in the community. 124.4 An affidavit of candidacy for partisan office shall also 124.5 state the name of the candidate's political party or political 124.6 principle, stated in three words or less. 124.7 (b) This subdivision does not apply to a candidate for 124.8 president or vice-president of the United States. 124.9 Sec. 24. Minnesota Statutes 2000, section 204B.07, 124.10 subdivision 2, is amended to read: 124.11 Subd. 2. [PETITIONS FOR PRESIDENTIAL ELECTORS.] On 124.12 petitions nominating presidential electors, the names of the 124.13 candidates for president and vice-president shall be added to 124.14 the political party or political principle stated on the 124.15 petition. One petition may be filed to nominate a slate of 124.16 presidential electors equal in number to the number of electors 124.17 to which the state is entitled. This subdivision does not apply 124.18 to candidates for presidential elector nominated by major 124.19 political parties. Major party candidates for presidential 124.20 elector are certified under section 208.03. 124.21 Sec. 25. Minnesota Statutes 2000, section 204B.09, 124.22 subdivision 1, is amended to read: 124.23 Subdivision 1. [CANDIDATES IN STATE AND COUNTY GENERAL 124.24 ELECTIONS.] (a) Except as otherwise provided by this 124.25 subdivision, affidavits of candidacy and nominating petitions 124.26 for county, state, and federal offices filled at the state 124.27 general election shall be filed not more than 70 days nor less 124.28 than 56 days before the state primary. The affidavit may be 124.29 prepared and signed at any time between 60 days before the 124.30 filing period opens and the last day of the filing period. 124.31 (b) Notwithstanding other law to the contrary, the 124.32 affidavit of candidacy must be signed in the presence of a 124.33 notarial officer or an individual authorized to administer oaths 124.34 under section 358.10. 124.35 (c) This provision does not apply to candidates for 124.36 presidential elector nominated by major political parties. 125.1 Major party candidates for presidential elector are certified 125.2 under section 208.03. Other candidates for presidential 125.3 electors may file petitions on or before the state primary day. 125.4 Nominating petitions to fill vacancies in nominations shall be 125.5 filed as provided in section 204B.13. No affidavit or petition 125.6 shall be accepted later than 5:00 p.m. on the last day for 125.7 filing. 125.8 (d) Affidavits and petitions for offices to be voted on in 125.9 only one county shall be filed with the county auditor of that 125.10 county. Affidavits and petitions for offices to be voted on in 125.11 more than one county shall be filed with the secretary of state. 125.12 Sec. 26. Minnesota Statutes 2000, section 204B.09, 125.13 subdivision 3, is amended to read: 125.14 Subd. 3. [WRITE-IN CANDIDATES.] (a) A candidate for state 125.15 or federal office who wants write-in votes for the candidate to 125.16 be counted must file a written request with the filing office 125.17 for the office sought no later than the day before the general 125.18 election. The filing officer shall provide copies of the form 125.19 to make the request. 125.20 (b) A candidate for president of the United States who 125.21 files a request under this subdivision must include the name of 125.22 a candidate for vice-president of the United States. The 125.23 request must also include the name of at least one candidate for 125.24 presidential elector. The total number of names of candidates 125.25 for presidential elector on the request may not exceed the total 125.26 number of electoral votes to be cast by Minnesota in the 125.27 presidential election. 125.28 (c) A candidate for governor who files a request under this 125.29 subdivision must include the name of a candidate for lieutenant 125.30 governor. 125.31 Sec. 27. Minnesota Statutes 2000, section 204B.20, is 125.32 amended to read: 125.33 204B.20 [ELECTION BOARD;CHAIRHEAD ELECTION JUDGE; 125.34 DUTIES.] 125.35 The election judges appointed to serve in an election 125.36 precinct shall constitute the election board for that precinct. 126.1 The appointing authority shall designate one of the election 126.2 judges in each precinct to serve as thechair of the election126.3boardhead election judge. Thechairhead election judge shall 126.4 assign specific duties to the election judges of that precinct 126.5 as necessary or convenient to complete forms, obtain signatures, 126.6 and perform all the other duties required of election judges. 126.7 Sec. 28. Minnesota Statutes 2000, section 204B.22, 126.8 subdivision 1, is amended to read: 126.9 Subdivision 1. [MINIMUM NUMBER REQUIRED.] (a) A minimum of 126.10 three election judges shall be appointed for each precinct. In 126.11 a combined polling place under section 204B.14, subdivision 2, 126.12 at least one judge must be appointed from each municipality in 126.13 the combined polling place, provided that not less than three 126.14 judges shall be appointed for each combined polling place. The 126.15 appointing authorities may appoint election judges for any 126.16 precinct in addition to the number required by this subdivision 126.17 including additional election judges to count ballots after 126.18 voting has ended. 126.19 (b) An election judge may serve for all or part of election 126.20 day, at the discretion of the appointing authority, as long as 126.21 the minimum number of judges required is always present. The 126.22 head election judge designated under section 204B.20 must serve 126.23 for all of election day and be present in the polling place 126.24 unless another election judge has been designated by the head 126.25 election judge to perform the functions of the head election 126.26 judge during any absence. 126.27 Sec. 29. Minnesota Statutes 2000, section 204B.22, 126.28 subdivision 3, is amended to read: 126.29 Subd. 3. [MINIMUM NUMBER REQUIRED IN CERTAIN PRECINCTS.] 126.30 At each state primary or state general election in precincts 126.31 usinglever voting machines oran electronic voting system with 126.32 marking devices and in which more than 400 votes were cast at 126.33 the last similar election, the minimum number of election judges 126.34 is three plus one judge to demonstrate the use of the voting 126.35 machine or device. 126.36 Sec. 30. Minnesota Statutes 2000, section 204B.23, is 127.1 amended to read: 127.2 204B.23 [VACANCIES AMONG ELECTION JUDGES.] 127.3 A vacancy on an election board occurs when any election 127.4 judge who is a member of that board: 127.5 (a) Fails to arrive at the polling place within 30 minutes 127.6 after the time when the polling place is scheduled to open; 127.7 (b) Becomes unable to perform the duties of the office 127.8 after assuming those duties; or 127.9 (c) For any reason fails or refuses to perform the duties 127.10 of the office as assigned by thechair of the election board127.11 head election judge. 127.12 When a vacancy occurs, the remaining election judges of the 127.13 precinct shall elect an individual to fill the vacancy subject 127.14 to the provisions of section 204B.19. When possible the 127.15 election judges shall elect individuals who have been trained as 127.16 election judges pursuant to section 204B.25. The oath signed by 127.17 the new election judge shall indicate that the new election 127.18 judge was elected to fill a vacancy. The municipal clerk may 127.19 assign election judges to fill vacancies as they occur. 127.20 Sec. 31. Minnesota Statutes 2000, section 204B.27, is 127.21 amended by adding a subdivision to read: 127.22 Subd. 11. [TRANSLATION OF VOTING INSTRUCTIONS.] The 127.23 secretary of state may develop voting instructions in languages 127.24 other than English, to be posted and made available in polling 127.25 places during elections. The secretary of state shall determine 127.26 which languages are so common in Minnesota that there is a need 127.27 for translated voting instructions. 127.28 Sec. 32. Minnesota Statutes 2000, section 204B.28, 127.29 subdivision 1, is amended to read: 127.30 Subdivision 1. [MEETING WITH ELECTION OFFICIALS.] At least 127.31 12 weeks before each regularly scheduled general election, each 127.32 county auditor shall conduct a meeting with local election 127.33 officials to review the procedures for the election. The county 127.34 auditor may require thechairs of the election boardshead 127.35 election judges in the county to attend this meeting. 127.36 Sec. 33. Minnesota Statutes 2000, section 204B.45, 128.1 subdivision 2, is amended to read: 128.2 Subd. 2. [PROCEDURE.] (a) The deadline established under 128.3 section 204B.16, subdivision 3, for designating a new or 128.4 different polling place applies to an election described by this 128.5 subdivision. 128.6 (b) Notice of the election and the special mail procedure 128.7 must be given at least six weeks prior to the election. No 128.8 earlier than 20 days or later than 14 days prior to the 128.9 election, the auditor shall mail ballots by nonforwardable mail 128.10 to all voters registered in the town or unorganized territory. 128.11 (c) Eligible voters not registered at the time the ballots 128.12 are mailed may apply for ballots as provided in chapter 203B. 128.13 (d) Ballot return envelopes, with return postage provided, 128.14 must be preaddressed to the auditor or clerk and the voter may 128.15 return the ballot by mail or in person to the office of the 128.16 auditor or clerk. The costs of the mailing shall be paid by the 128.17 election jurisdiction in which the voter resides. 128.18 (e) Any ballot received by 8:00 p.m. on the day of the 128.19 election must be counted. 128.20 Sec. 34. Minnesota Statutes 2000, section 204B.46, is 128.21 amended to read: 128.22 204B.46 [MAIL ELECTIONS; QUESTIONS.] 128.23 A county, municipality, or school district submitting 128.24 questions to the voters at a special election may apply to the 128.25 county auditor for approval of an election by mail with no 128.26 polling place other than the office of the auditor or clerk. No 128.27 more than two questions may be submitted at a mail election and 128.28 no offices may be voted on. The deadline established under 128.29 section 204B.16, subdivision 3, for designating a new or 128.30 different polling place applies to an election described by this 128.31 section. Notice of the election and the special mail procedure 128.32 must be given at least six weeks prior to the election. No 128.33 earlier than 20 or later than 14 days prior to the election, the 128.34 auditor or clerk shall mail ballots by nonforwardable mail to 128.35 all voters registered in the county, municipality, or school 128.36 district. Eligible voters not registered at the time the 129.1 ballots are mailed may apply for ballots pursuant to chapter 129.2 203B. 129.3 Sec. 35. [204B.48] [VOTING EQUIPMENT GRANT ACCOUNT.] 129.4 A voting equipment grant fund is created to provide grants 129.5 to political subdivisions for the purchase of ballot tabulation 129.6 equipment. Any funds disbursed by the federal government to the 129.7 state for the improvement of election administration or 129.8 equipment must be deposited in this account. The secretary of 129.9 state may make a grant from the fund to a political subdivision, 129.10 after certifying to the commissioner of finance that: 129.11 (1) the grant will be used only for purchase of ballot 129.12 tabulation equipment, which may include equipment that makes it 129.13 possible for individuals with disabilities to cast a secret 129.14 ballot; 129.15 (2) the political subdivision to receive the grant has 129.16 insufficient resources available to purchase the equipment; and 129.17 (3) the recipient of the grant will provide a 129.18 dollar-for-dollar match, which may not come from state or 129.19 federal funds. 129.20 Sec. 36. Minnesota Statutes 2000, section 204C.03, 129.21 subdivision 1, is amended to read: 129.22 Subdivision 1. [SCHOOL DISTRICTS; COUNTIES; 129.23 MUNICIPALITIES; SPECIAL TAXING DISTRICTS.] No special taxing 129.24 district governing body, school board, county board of 129.25 commissioners, city council, or town board of supervisors shall 129.26 conduct a meeting between 6:00 p.m. and 8:00 p.m. on the day 129.27 that an election is held within the boundaries of the special 129.28 taxing district, school district, county, city, or town. As 129.29 used in this subdivision, "special taxing district" has the 129.30 meaning given in section 275.066. 129.31 Sec. 37. Minnesota Statutes 2000, section 204C.04, 129.32 subdivision 1, is amended to read: 129.33 Subdivision 1. [RIGHT TO BE ABSENT.] Every employee and 129.34 student who is eligible to vote in an election has the right to 129.35 be absent from work or school for the purpose of voting during 129.36 the morning of the day of that election, without penalty or 130.1 deduction from salary or wages because of the absence; or in the 130.2 case of a student, without the absence being considered 130.3 truancy. An employer or other person may not directly or 130.4 indirectly refuse, abridge, or interfere with this right or any 130.5 other election right of an employee or student. 130.6 Sec. 38. Minnesota Statutes 2000, section 204C.10, is 130.7 amended to read: 130.8 204C.10 [PERMANENT REGISTRATION; VERIFICATION OF 130.9 REGISTRATION.] 130.10 (a) An individual seeking to vote shall sign a polling 130.11 place roster which states that the individual is at least 18 130.12 years of age, a citizen of the United States, has resided in 130.13 Minnesota for 20 days immediately preceding the election, 130.14 certifies residence at the address shown, is not under 130.15 guardianship of the person, has not been found by a court of law 130.16 to be legally incompetent to vote or convicted of a felony 130.17 without having civil rights restored, is registered and has not 130.18 already voted in the election. 130.19 (b) A judgemayshall, before the applicant signs the 130.20 roster, confirm the applicant's identity by requiring a picture 130.21 identification card or document issued by the United States or 130.22 Minnesota or an identification card issued by the tribal 130.23 government of a tribe recognized by the Bureau of Indian 130.24 Affairs, Department of the Interior, and may confirm the 130.25 applicant's name, address, and date of birth. If an applicant 130.26 does not have a card or document described by this section, the 130.27 applicant may sign the roster after executing an affidavit 130.28 before the judge. The affidavit must state: 130.29 (1) the name of the applicant; 130.30 (2) that the applicant does not have a picture 130.31 identification card or document issued by the United States or 130.32 Minnesota or an identification card issued by the tribal 130.33 government of a tribe recognized by the Bureau of Indian 130.34 Affairs, Department of the Interior, that contains the name, 130.35 residence address, signature, date of birth, and picture of the 130.36 applicant; and 131.1 (3) that the applicant swears or affirms that the applicant 131.2 is the same individual whose name is listed on the roster for 131.3 this precinct. 131.4 (c) After the applicant signs the roster, the judge shall 131.5 give the applicant a voter's receipt. The voter shall deliver 131.6 the voter's receipt to the judge in charge of ballots as proof 131.7 of the voter's right to vote, and thereupon the judge shall hand 131.8 to the voter the ballot. The voters' receipts must be 131.9 maintained during the time for notice of filing an election 131.10 contest. 131.11[EFFECTIVE DATE.] This section is effective April 1, 2002. 131.12 Sec. 39. Minnesota Statutes 2000, section 204C.35, is 131.13 amended to read: 131.14 204C.35 [LEGISLATIVE ANDFEDERAL, STATE, AND JUDICIAL 131.15 RACES.] 131.16 Subdivision 1. [AUTOMATIC RECOUNTS.] (a) In a state 131.17 primary when the difference between the votes cast for the 131.18 candidates for nomination to a statewide federal office, state 131.19 constitutional office, statewide judicial office, congressional 131.20 office, state legislative office, orto adistrict judicial 131.21 officeis 100 or less, the difference: 131.22 (1) is less thantenone-half of one percent of the total 131.23 number of votes counted for that nomination; or 131.24 (2) is ten votes or less and the total number of votes cast 131.25 for the nomination is 400 votes or less; 131.26 and the difference determines the nomination, the canvassing 131.27 board with responsibility for declaring the results for that 131.28 office shall recount the vote. 131.29 (b) In a state general election when the difference between 131.30 the votes of a candidate who would otherwise be declared elected 131.31 to a statewide federal office, state constitutional office, 131.32 statewide judicial office, congressional office, state 131.33 legislative office, orto adistrict judicial office and the 131.34 votes of any other candidate for that office: 131.35 (1) is100 orless than one-half of one percent of the 131.36 total number of votes counted for that office; or 132.1 (2) is ten votes or less if the total number of votes cast 132.2 for the office is 400 votes or less, 132.3 the canvassing board shall recount the votes. 132.4 (c) A recountshallmust not delay any other part of the 132.5 canvass. The results of the recountshallmust be certified by 132.6 the canvassing board as soon as possible. 132.7 (d) Time for notice of a contest for an office which is 132.8 recounted pursuant to this section shall begin to run upon 132.9 certification of the results of the recount by the canvassing 132.10 board. 132.11 (e) A losing candidate may waive a recount required 132.12 pursuant to this section by filing a written notice of waiver 132.13 with the canvassing board. 132.14 Subd. 2. [OPTIONAL RECOUNT.] (a) A losing candidate for 132.15 nomination or election to a statewide federal office, state 132.16 constitutional office, statewide judicial office, congressional 132.17 office, state legislative office, orto adistrictcourt132.18 judicial office may request a recount in a manner provided in 132.19 this section at the candidate's own expense when the vote 132.20 difference is greater than the difference required by this 132.21 section. The votes shall be recounted as provided in this 132.22 section if the candidate files a request during the time for 132.23 filing notice of contest of the primary or election for which a 132.24 recount is sought. 132.25 (b) The requesting candidate shall file with the filing 132.26 officer a bond, cash, or surety in an amount set by the filing 132.27 officer for the payment of the recount expenses. The requesting 132.28 candidate is responsible for the following expenses: the 132.29 compensation of the secretary of state, or designees, and any 132.30 election judge, municipal clerk, county auditor, administrator, 132.31 or other personnel who participate in the recount; the costs of 132.32 computer operation, preparation of ballot counting equipment, 132.33 necessary supplies and travel related to the recount; the 132.34 compensation of the appropriate canvassing board and costs of 132.35 preparing for the canvass of recount results; and any attorney 132.36 fees incurred in connection with the recount by the governing 133.1 body responsible for the recount. 133.2 Sec. 40. Minnesota Statutes 2000, section 204C.36, 133.3 subdivision 1, is amended to read: 133.4 Subdivision 1. [REQUIRED RECOUNTS.] (a) Except as provided 133.5 in paragraph (b), a losing candidate for nomination or election 133.6 to a county, municipal, or school district office may request a 133.7 recount of the votes cast for the nomination or election to that 133.8 office if the difference between the vote cast for that 133.9 candidate and for a winning candidate for nomination or election 133.10 is:133.11(a) Five votes or less when the total vote cast for133.12nomination or election to that office is 100 votes or less;133.13(b) Ten votes or less when the total vote cast for133.14nomination or election to that office is more than 100 but not133.15more than 500 votes;133.16(c) Twenty votes or less when the total vote cast for133.17nomination or election to that office is more than 500 but not133.18more than 2,000 votes;133.19(d) One percent of the votes or less when the total vote133.20cast for nomination or election to that office is more than133.212,000 but less than 10,000 votes; or133.22(e) One hundred votes or less when the total vote cast for133.23nomination or election to that office is 10,000 votes or133.24more.less than one-half of one percent of the total votes 133.25 counted for that office. In case of offices where two or more 133.26 seats are being filled from among all the candidates for the 133.27 office, the one-half of one percent difference is between the 133.28 elected candidate with the fewest votes and the candidate with 133.29 the most votes from among the candidates who were not elected. 133.30 (b) A losing candidate for nomination or election to a 133.31 county, municipal, or school district office may request a 133.32 recount of the votes cast for nomination or election to that 133.33 office if the difference between the vote cast for that 133.34 candidate and for a winning candidate for nomination or election 133.35 is ten votes or less, and the total number of votes cast for the 133.36 nomination or election of all candidates is no more than 400. 134.1 In cases of offices where two or more seats are being filled 134.2 from among all the candidates for the office, the ten vote 134.3 difference is between the elected candidate with the fewest 134.4 votes and the candidate with the most votes from among the 134.5 candidates who were not elected. 134.6 (c) Candidates for county offices shall file a written 134.7 request for the recount with the county auditor. Candidates for 134.8 municipal or school district offices shall file a written 134.9 request with the municipal or school district clerk as 134.10 appropriate. All requests shall be filed during the time for 134.11 notice of contest of the primary or election for which a recount 134.12 is sought. 134.13 (d) Upon receipt of a request made pursuant to this 134.14 section, the county auditor shall recount the votes for a county 134.15 office at the expense of the county, the governing body of the 134.16 municipality shall recount the votes for a municipal office at 134.17 the expense of the municipality, and the school board of the 134.18 school district shall recount the votes for a school district 134.19 office at the expense of the school district. 134.20 Sec. 41. Minnesota Statutes 2000, section 204C.36, 134.21 subdivision 3, is amended to read: 134.22 Subd. 3. [DISCRETIONARY BALLOT QUESTION RECOUNTS.] A 134.23 recount may be conducted for a ballot question when the 134.24 difference between the votes for and the votes against the 134.25 question is less than or equal to the difference provided in 134.26 subdivision 1, clauses (a) to (e). A recount may be requested 134.27 by any person eligible to vote on the ballot question. A 134.28 written request for a recount must be filed with the filing 134.29 officer of the county, municipality, or school district placing 134.30 the question on the ballot and must be accompanied by a petition 134.31 containing the signatures of 25 voters eligible to vote on the 134.32 question. If the difference between the votes for and the votes 134.33 against the question is greater than the difference provided in 134.34 subdivision 1,clauses (a) to (e),the person requesting the 134.35 recount shall also file with the filing officer of the county, 134.36 municipality, or school district a bond, cash, or surety in an 135.1 amount set by the appropriate governing body for the payment of 135.2 recount expenses. The written request, petition, and any bond, 135.3 cash, or surety required must be filed during the time for 135.4 notice of contest for the election for which the recount is 135.5 requested. 135.6 Sec. 42. Minnesota Statutes 2000, section 204D.04, 135.7 subdivision 2, is amended to read: 135.8 Subd. 2. [INSTRUCTIONS TO PRINTER; PRINTER'S BOND.] (a) 135.9 The official charged with the preparation and distribution of 135.10 the ballots shall prepare instructions to the printer for 135.11 rotation of the names of candidates and for layout of the ballot. 135.12 (b) Except as provided in paragraph (c), the instructions 135.13 shall be approved by the legal advisor of the official before 135.14 delivery to the printer. 135.15 (c) The legal advisor of a town official is only required 135.16 to approve instructions regarding the rotation of the names of 135.17 candidates on the ballot. 135.18 (d) Before a contract exceeding $1,000 is awarded for 135.19 printing ballots, the printer shall furnish a sufficient bond, 135.20 letter of credit, or certified check, acceptable to the official 135.21 responsible for printing the ballots, conditioned on printing 135.22 the ballots in conformity with the Minnesota Election Law and 135.23 the instructions delivered. The official responsible for 135.24 printing the ballots shall set the amount of the bond, letter of 135.25 credit, or certified check in an amount equal to the value of 135.26 the purchase. 135.27 Sec. 43. Minnesota Statutes 2000, section 204D.09, is 135.28 amended to read: 135.29 204D.09 [EXAMPLE BALLOTS; SAMPLE PRIMARY BALLOTS.] 135.30 Subdivision 1. (a) No later than June 1 of each year, the 135.31 secretary of state shall supply each auditor with a copy of an 135.32 example ballot. The example ballot must illustrate the format 135.33 required for the ballots used in the primary and general 135.34 elections that year. 135.35 (b) The county auditor shall distribute copies of the 135.36 example ballot to municipal and school district clerks in 136.1 municipalities and school districts holding elections that 136.2 year. The official ballot must conform in all respects to the 136.3 example ballot. 136.4 Subd. 2. At least two weeks before the state primary the 136.5 county auditor shall prepare a sample state partisan primary 136.6 ballot and a sample state and county nonpartisan primary ballot 136.7 for public inspection. The names of all of the candidates to be 136.8 voted for in the county shall be placed on the sample ballots, 136.9 with the names of the candidates for each office arranged 136.10 alphabetically according to the surname. Only one sample state 136.11 partisan primary ballot and one sample state and county 136.12 nonpartisan ballot shall be prepared for any county. The county 136.13 auditor shall post the sample ballots in a conspicuous place in 136.14 the auditor's office and shall cause them to be published at 136.15 least one week before the state primary in at least one 136.16 newspaper of general circulation in the county. 136.17 Sec. 44. Minnesota Statutes 2000, section 204D.11, 136.18 subdivision 4, is amended to read: 136.19 Subd. 4. [SPECIAL FEDERAL WHITE BALLOT.] (a) The names of 136.20 all candidates for the offices of president and vice-president 136.21 of the United States and senator and representative in Congress 136.22 shall be placed on a ballot printed on white paper which shall 136.23 be known as the "special federal white ballot." 136.24 (b) This ballot shall be prepared by the county auditor in 136.25 the same manner as the white ballot and shall be subject to the 136.26 rules adopted by the secretary of state pursuant to subdivision 136.27 1. This ballot must be prepared and furnished in accordance 136.28 with the federal Uniformed and Overseas Citizens Absentee Voting 136.29 Act, United States Code, title 42, section 1973ff. 136.30 (c) The special federal white ballot shall be the only 136.31 ballot sent to citizens of the United States who are eligible to 136.32 vote by absentee ballot for federal candidates in Minnesota. 136.33 Sec. 45. Minnesota Statutes 2000, section 204D.24, 136.34 subdivision 2, is amended to read: 136.35 Subd. 2. [VOTER REGISTRATION.] An individual may register 136.36 to vote at a special primary or special election at any time 137.1 before the day that the polling place rosters for the special 137.2 primary or special election are prepared by the secretary of 137.3 state. The secretary of state shall provide the county auditors 137.4 with notice of this date at least seven days before the printing 137.5 of the rosters. This subdivision does not apply to a special 137.6 election held on the same day as thepresidential primary,state 137.7 primary, state general election, or the regularly scheduled 137.8 primary or general election of a municipality, school district, 137.9 or special district. 137.10 Sec. 46. Minnesota Statutes 2000, section 205.02, 137.11 subdivision 1, is amended to read: 137.12 Subdivision 1. [MINNESOTA ELECTION LAW.] Except as 137.13 provided in this chapter or otherwise expressly provided by law, 137.14 the provisions of the Minnesota Election Law apply to municipal 137.15 elections, so far as practicable. 137.16 Sec. 47. Minnesota Statutes 2000, section 205.13, 137.17 subdivision 1a, is amended to read: 137.18 Subd. 1a. [FILING PERIOD.]An affidavit of candidacy for a137.19town office to be elected in March must be filed not more than137.20eight weeks nor less than six weeks before the town election.137.21 In municipalities nominating candidates at a municipal primary, 137.22 an affidavit of candidacy for a city office or town office voted 137.23 on in November must be filed not more than 70 days nor less than 137.24 56 days before the first Tuesday after the second Monday in 137.25 September preceding the municipal general election. In all 137.26 other municipalities, an affidavit of candidacy must be filed 137.27 not more than 70 days and not less than 56 days before the 137.28 municipal general election. 137.29 Sec. 48. Minnesota Statutes 2000, section 205.17, is 137.30 amended by adding a subdivision to read: 137.31 Subd. 7. [EXAMPLE BALLOT.] No later than 30 days before 137.32 absentee ballots must be prepared and delivered under section 137.33 204B.35 for use in a town general election conducted in March, 137.34 the secretary of state shall supply each town clerk in a town 137.35 conducting a March general election with a copy of an example 137.36 ballot. The example ballot must illustrate the format required 138.1 for the ballots used in the general election that year. 138.2 Sec. 49. Minnesota Statutes 2000, section 205.185, 138.3 subdivision 2, is amended to read: 138.4 Subd. 2. [ELECTION, CONDUCT.] A municipal election shall 138.5 be by secret ballot and shall be held and the returns made in 138.6 the manner provided for the state general election,so far as138.7practicableexcept as otherwise expressly provided by law. 138.8 Sec. 50. Minnesota Statutes 2000, section 205.185, 138.9 subdivision 3, is amended to read: 138.10 Subd. 3. [CANVASS OF RETURNS, CERTIFICATE OF ELECTION, 138.11 BALLOTS, DISPOSITION.] (a) Within seven days after an election, 138.12 the governing body of a city conducting any election or the 138.13 governing body of a town conducting the general election in 138.14 November shall canvass the returns and declare the results of 138.15 the election. The governing body of a town conducting the 138.16 general election in March shall canvass the returns and declare 138.17 the results of the election within two days after an election. 138.18 (b) After the time for contesting elections has passed, the 138.19 municipal clerk shall issue a certificate of election to each 138.20 successful candidate. In case of a contest, the certificate 138.21 shall not be issued until the outcome of the contest has been 138.22 determined by the proper court. 138.23 (c) In case of a tie vote, the governing body shall 138.24 determine the result by lot. The clerk shall certify the results 138.25 of the election to the county auditor, and the clerk shall be 138.26 the final custodian of the ballots and the returns of the 138.27 election. 138.28 Sec. 51. Minnesota Statutes 2000, section 205A.02, is 138.29 amended to read: 138.30 205A.02 [ELECTION LAW APPLICABLE.] 138.31 Except as provided in this chapter or otherwise expressly 138.32 provided by law, the Minnesota Election Law applies to school 138.33 district elections, as far as practicable. Elections in common 138.34 school districts shall be governed by section 123B.94. 138.35 Sec. 52. Minnesota Statutes 2000, section 205A.11, 138.36 subdivision 2, is amended to read: 139.1 Subd. 2. [COMBINED POLLING PLACE.] When no other election 139.2 is being held in two or more precincts on the day of a school 139.3 district election, the school board may designate one or more 139.4 combined polling places at which the voters in those precincts 139.5 may vote in the school district election. The deadline 139.6 established under section 204B.16, subdivision 3, for 139.7 designating a new or different polling place applies to an 139.8 election described by this subdivision. 139.9 Sec. 53. Minnesota Statutes 2000, section 206.81, is 139.10 amended to read: 139.11 206.81 [ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.] 139.12 (a) The secretary of state may license an electronic voting 139.13 system for experimental use at an election prior to its approval 139.14 for general use. 139.15 (b) The secretary of state must license a touch-sensitive 139.16 direct recording electronic voting system for experimental use 139.17 at an election before its approval for general use, and may 139.18 impose restrictions on its use. A voting system used under this 139.19 paragraph must permit a blind or visually impaired voter to cast 139.20 a ballot independently and privately. 139.21 (c) Experimental use must be observed by the secretary of 139.22 state or the secretary's designee and the results observed must 139.23 be considered at any subsequent proceedings for approval for 139.24 general use. 139.25 (d) The secretary of state may adopt rules consistent with 139.26 sections 206.55 to 206.90 relating to experimental use. The 139.27 extent of experimental use must be determined by the secretary 139.28 of state. 139.29 Sec. 54. [206.91] [VOTING EQUIPMENT DECENNIAL REPORT.] 139.30 By December 31 in each year ending in one, the secretary of 139.31 state shall file a report with the legislature regarding the 139.32 voting equipment used in Minnesota. This report must: 139.33 (1) identify the voting equipment used in each precinct, as 139.34 reported to the secretary of state by each county auditor; and 139.35 (2) include any recommendations from the secretary 139.36 regarding improvements in voting system technology that may 140.1 require the modification or replacement of voting systems 140.2 currently used in Minnesota. 140.3[EFFECTIVE DATE.] This section is effective January 1, 2002. 140.4 Sec. 55. Minnesota Statutes 2000, section 208.06, is 140.5 amended to read: 140.6 208.06 [ELECTORS TO MEET AT CAPITOL; FILLING OF VACANCIES.] 140.7 The presidential electors,before 12:00 M.at 9:00 a.m. on 140.8 the daybefore thatfixed by Congress for the electors to vote 140.9 for president and vice-president of the United States, 140.10 shall assemble in the location designated under section 208.08 140.11 and notify the governor that they are at the state capitol and 140.12 readyat the proper timeto fulfill their duties as electors. 140.13 The governor shall deliver to the electors present a certificate 140.14 of the names of all the electors. If any elector named therein 140.15 fails to appearbeforeby 9:00 a.m. on the day,and at the 140.16 place,fixed for voting for president and vice-president of the 140.17 United States, the electors present shall, in the presence of 140.18 the governor, immediately elect by ballot a person to fill the 140.19 vacancy. If more than the number of persons required have the 140.20 highest and an equal number of votes when the electors cast 140.21 ballots to fill any vacancy, the governor, in the presence of 140.22 the electors attending, shall decide by lot which of those 140.23 persons shall be elected as a substituted presidential elector. 140.24 Sec. 56. Minnesota Statutes 2000, section 208.08, is 140.25 amended to read: 140.26 208.08 [ELECTORS TO MEET AT STATE CAPITOL.] 140.27 (a) At least seven days before the date the presidential 140.28 electors are required to assemble, the secretary of state shall 140.29 designate the location within the state capitol where the 140.30 assembly will be conducted and notify the governor and electors 140.31 of this location. 140.32 (b) The original and substituted presidential electors, at140.3312:00 M.,shall meetin the executive chamberat the state 140.34 capitol andshall, immediately after filling any vacancy among 140.35 the electors in accordance with section 208.06, perform all the 140.36 duties imposed upon them as electors by the constitution and 141.1 laws of the United States and this state. The secretary of 141.2 state, or an individual designated by the secretary of state, 141.3 shall preside at this assembly. 141.4 (c) The electors shall vote by secret ballot. 141.5 (d) The secretary of state shall transmit all 141.6 certifications by the electors to the individuals required to 141.7 receive the certifications under the constitution and laws of 141.8 the United States. 141.9 Sec. 57. Minnesota Statutes 2000, section 209.065, is 141.10 amended to read: 141.11 209.065 [PLEADINGS; PROCEDURE.] 141.12 The notice of contest and any answer are the pleadings in 141.13 the case and may be amended in the discretion of the court. The 141.14 contest proceedings must be brought on for trial by either the 141.15 contestant or contestee as soon as practicable within 20 days 141.16 after the filing of the notice of contest. The court shall 141.17 proceed to the extent possible in the manner provided in the 141.18 rules for recounts adopted by the secretary of state under 141.19 section 204C.361. If a court finds that proceeding in 141.20 accordance with all or part of the rules for recounts is not 141.21 possible, the court shall proceed in the manner provided for the 141.22 trial of civil actions so far as practicable. 141.23 Sec. 58. Minnesota Statutes 2000, section 211A.02, 141.24 subdivision 1, is amended to read: 141.25 Subdivision 1. [WHEN AND WHERE FILED BY COMMITTEES.] (a) A 141.26 committee or a candidate who receives contributions or makes 141.27 disbursements of more than $750 in a calendar year shall submit 141.28 an initial report to the filing officer within 14 days after the 141.29 candidate or committee receives or makes disbursements of more 141.30 than $750 and shall continue to make the reports listed 141.31 inparagraphparagraphs (b) and (c) until a final report is 141.32 filed. 141.33 (b) The committee or candidate must file a report by 141.34 January 31 of each year following the year when the initial 141.35 report was filedand. 141.36 (c) In a year when the candidate's name or a ballot 142.1 question appears on the ballot, the candidate or committee shall 142.2 file a report: 142.3 (1) ten days before the primary or special primary; 142.4 (2) ten days before the general election or special 142.5 election; and 142.6 (3) 30 days after a general or special election. 142.7 Sec. 59. Minnesota Statutes 2000, section 211A.02, 142.8 subdivision 4, is amended to read: 142.9 Subd. 4. [CONGRESSIONAL CANDIDATES.] Candidates for 142.10 election to the United States House of Representatives or Senate 142.11 and any political committees raising money and making 142.12 disbursements exclusively on behalf of any one of those 142.13 candidates may file copies of their financial disclosures 142.14 required by federal law in lieu of the financial statement 142.15 required by this section. A candidate or committee whose report 142.16 is published on the Federal Election Commission Web site has 142.17 complied with the filing requirements of this section. 142.18 Sec. 60. Minnesota Statutes 2000, section 211B.16, 142.19 subdivision 1, is amended to read: 142.20 Subdivision 1. [COUNTY ATTORNEY INQUIRY.] A county 142.21 attorney who is notified of an alleged violation of this chapter 142.22 shall promptly investigate and within 14 days shall determine 142.23 whether there is probable cause to institute a prosecution. If 142.24 the county attorney is unable to make this determination within 142.25 14 days, the county attorney shall notify the individual who 142.26 reported the alleged violation when a probable cause 142.27 determination will be made. If there is probable cause for 142.28 instituting a prosecution, the county attorney shall proceed by 142.29 complaint or present the charge, with whatever evidence has been 142.30 found, to the grand jury. A county attorney who refuses or 142.31 intentionally fails to faithfully perform this or any other duty 142.32 imposed by this chapter is guilty of a misdemeanor and upon 142.33 conviction forfeits the office. The county attorney, under the 142.34 penalty of forfeiture of office, shall prosecute all violations 142.35 of this chapter except violations of this section. If, however, 142.36 a complainant withdraws an allegation under this chapter, the 143.1 county attorney is not required to proceed with prosecution. 143.2 Sec. 61. Minnesota Statutes 2000, section 358.10, is 143.3 amended to read: 143.4 358.10 [OFFICIALS MAY ADMINISTER, WHEN.] 143.5 (a) All persons holding office under any law of this state, 143.6 or under the charter or ordinances of any municipal corporation 143.7 thereof, including judges and clerks of election, and all 143.8 committee members, commissioners, trustees, referees, 143.9 appraisers, assessors, and all others authorized or required by 143.10 law to act or report upon any matter of fact,shallhave the 143.11 power to administersuchoathsastheymaydeem necessary to the 143.12 proper discharge of their respective duties. 143.13 (b) Any employee of the secretary of state designated by 143.14 the secretary of state has the power to administer oaths to an 143.15 individual who wishes to file with the secretary of state an 143.16 affidavit of candidacy, nominating petition, declaration of 143.17 intent to be a write-in candidate, or any other document 143.18 relating to the conduct of elections. 143.19 Sec. 62. Minnesota Statutes 2000, section 367.03, 143.20 subdivision 6, is amended to read: 143.21 Subd. 6. [VACANCIES.] (a) When a vacancy occurs in a town 143.22 office, the town board shall fill the vacancy by appointment. 143.23 Except as provided in paragraph (b), the person appointed shall 143.24 hold office until the next annual town election, when a 143.25 successor shall be elected for the unexpired term. 143.26 (b) When a vacancy occurs in a town office: 143.27 (1) with more than one year remaining in the term; and 143.28 (2) on or after the 14th day before the first day to file 143.29 an affidavit of candidacy for the town election; 143.30 the vacancy must be filled by appointment. The person appointed 143.31 serves until the next annual town election following the 143.32 election for which affidavits of candidacy are to be filed, when 143.33 a successor shall be elected for the unexpired term. 143.34 (c) A vacancy in the office of supervisorshallmust be 143.35 filled by an appointment committee comprised of the remaining 143.36 supervisors and the town clerkuntil the next annual town144.1election, when a successor shall be elected for the unexpired144.2term. 144.3 (d) Any person appointed to fill the vacancy in the office 144.4 of supervisor must, upon assuming the office, be an eligible 144.5 voter, be 21 years of age, and have resided in the town for at 144.6 least 30 days. 144.7 (e) When, because of a vacancy, more than one supervisor is 144.8 to be chosen at the same election, candidates for the offices of 144.9 supervisor shall file for one of the specific terms being filled. 144.10 (f) Law enforcement vacanciesshallmust be filled by 144.11 appointment by the town board. 144.12 Sec. 63. [REPEALER.] 144.13 (a) Minnesota Statutes 2000, sections 204B.06, subdivision 144.14 1a, and 204C.15, subdivision 2a, are repealed. 144.15 (b) Minnesota Rules, part 8250.1400, is repealed. 144.16 ARTICLE 4 144.17 VARIOUS ADMINISTRATIVE PROVISIONS 144.18 Section 1. Minnesota Statutes 2000, section 3A.03, 144.19 subdivision 2, is amended to read: 144.20 Subd. 2. [REFUND.](1)(a) Anypersonformer member who 144.21 has made contributionspursuant tounder subdivision 1 and who 144.22 is no longer a member of the legislature is entitled to receive, 144.23 upon application to the director, a refund of all contributions 144.24 credited to the member's account with interest at an annual rate 144.25 of six percent compounded annually. 144.26(2)(b) The refund of contributions as provided in clause 144.27 (1) terminates all rights of a former member of the legislature 144.28 or the survivors of the former member under this 144.29 chapter.ShouldIf the former member of the legislature 144.30 againbebecomes a member of the legislature after having taken 144.31 a refund as providedabovein paragraph (a), the membershall144.32 must be considered a new member. However, a new member may 144.33 reinstate the rights and credit for service forfeited,144.34providedif the new member repays all refunds taken plus 144.35 interest at an annual rate of 8.5 percent compounded annually. 144.36(3)(c) No personshallmay be required to apply for or 145.1 to accept a refund. 145.2 Sec. 2. Minnesota Statutes 2000, section 11A.18, 145.3 subdivision 7, is amended to read: 145.4 Subd. 7. [PARTICIPATION AND FINANCIAL REPORTING IN FUND.] 145.5 (a) Each participating public retirement fund or plan which has 145.6 transferred money to the state board for investment in the 145.7 postretirement investment fund shall have an undivided 145.8 participation in the fund. The participation on any valuation 145.9 dateshallmust be determined by adding to the participation on 145.10 the prior valuation date:(a)(1) funds transferred in 145.11 accordance with subdivision 6, (b); (2) the amount of required 145.12 investment income on its participation as defined in subdivision 145.13 9,clause (1)(c)paragraph (c), clause (1); and(c)(3) the 145.14 reserves for any benefit adjustment made as of the current 145.15 valuation date with the result adjusted for any mortality gains 145.16 or losses determinedpursuant tounder subdivision 11. 145.17 (b) The total fair market value of the postretirement fund 145.18 as of June 30 must be calculated in accordance with generally 145.19 accepted accounting principles. The fair market value share of 145.20 each fund participating in the postretirement investment fund 145.21 must be allocated by adding to the fair market value at the 145.22 beginning of the fiscal year: (1) 100 percent of the funds 145.23 transferred in accordance with subdivision 6; and (2) a pro rata 145.24 distribution of unrealized gains or losses, based on a weighted 145.25 percentage of participation at the end of each month of the 145.26 fiscal year. 145.27 Sec. 3. [13.632] [TEACHERS RETIREMENT FUND ASSOCIATION 145.28 DATA; CERTAIN CITIES.] 145.29 Subdivision 1. [BENEFICIARY AND SURVIVOR DATA.] The 145.30 following data on beneficiaries and survivors of the Minneapolis 145.31 teachers retirement fund association, the St. Paul teachers 145.32 retirement fund association, and the Duluth teachers retirement 145.33 fund association members are private data on individuals: home 145.34 address, date of birth, direct deposit number, and tax 145.35 withholding data. 145.36 Subd. 2. [LIMITS ON DISCLOSURE.] Required disclosure of 146.1 data about members, survivors, and beneficiaries is limited to 146.2 name, gross annuity or benefit amount, and type of annuity or 146.3 benefit awarded. 146.4 Sec. 4. Minnesota Statutes 2000, section 352.01, 146.5 subdivision 2a, is amended to read: 146.6 Subd. 2a. [INCLUDED EMPLOYEES.] (a) "State employee" 146.7 includes: 146.8 (1) employees of the Minnesota historical society; 146.9 (2) employees of the state horticultural society; 146.10 (3) employees of the Disabled American Veterans, Department 146.11 of Minnesota, Veterans of Foreign Wars, Department of Minnesota, 146.12 if employed before July 1, 1963; 146.13 (4) employees of the Minnesota crop improvement 146.14 association; 146.15 (5) employees of the adjutant general who are paid from 146.16 federal funds and who are not covered by any federal civilian 146.17 employees retirement system; 146.18 (6) employees of the Minnesota state colleges and 146.19 universities employed under the university or college activities 146.20 program; 146.21 (7) currently contributing employees covered by the system 146.22 who are temporarily employed by the legislature during a 146.23 legislative session or any currently contributing employee 146.24 employed for any special service as defined in subdivision 2b, 146.25 clause (8); 146.26 (8) employees of the armory building commission; 146.27 (9) employees of the legislature appointed without a limit 146.28 on the duration of their employment and persons employed or 146.29 designated by the legislature or by a legislative committee or 146.30 commission or other competent authority to conduct a special 146.31 inquiry, investigation, examination, or installation; 146.32 (10) trainees who are employed on a full-time established 146.33 training program performing the duties of the classified 146.34 position for which they will be eligible to receive immediate 146.35 appointment at the completion of the training period; 146.36 (11) employees of the Minnesota safety council; 147.1 (12) any employees on authorized leave of absence from the 147.2 transit operating division of the former metropolitan transit 147.3 commission who are employed by the labor organization which is 147.4 the exclusive bargaining agent representing employees of the 147.5 transit operating division; 147.6 (13) employees of the metropolitan council, metropolitan 147.7 parks and open space commission, metropolitan sports facilities 147.8 commission, metropolitan mosquito control commission, or 147.9 metropolitan radio board unless excluded or covered by another 147.10 public pension fund or plan under section 473.415, subdivision 147.11 3; 147.12 (14) judges of the tax court; 147.13 (15) personnel employed on June 30, 1992, by the University 147.14 of Minnesota in the management, operation, or maintenance of its 147.15 heating plant facilities, whose employment transfers to an 147.16 employer assuming operation of the heating plant facilities, so 147.17 long as the person is employed at the University of Minnesota 147.18 heating plant by that employer or by its successor organization; 147.19 and 147.20 (16) seasonal help in the classified service employed by 147.21 the department of revenue; and147.22(17) a person who renders teaching or other service for the147.23Minnesota state colleges and universities system and who also147.24renders service on a part-time basis for an employer with147.25employees covered by the general state employees retirement plan147.26of the Minnesota state retirement system, for all service with147.27the Minnesota state colleges and universities system, if the147.28person's nonteaching service comprises at least 50 percent of147.29the combined total salary received by the person as determined147.30by the chancellor of the Minnesota state colleges and147.31universities system or if the person is certified for general147.32state employees retirement plan coverage by the chancellor of147.33the Minnesota state colleges and universities system. 147.34 (b) Employees specified in paragraph (a), clause (15), are 147.35 included employees under paragraph (a) if employer and employee 147.36 contributions are made in a timely manner in the amounts 148.1 required by section 352.04. Employee contributions must be 148.2 deducted from salary. Employer contributions are the sole 148.3 obligation of the employer assuming operation of the University 148.4 of Minnesota heating plant facilities or any successor 148.5 organizations to that employer. 148.6 Sec. 5. Minnesota Statutes 2000, section 352.01, 148.7 subdivision 2b, is amended to read: 148.8 Subd. 2b. [EXCLUDED EMPLOYEES.] "State employee" does not 148.9 include: 148.10 (1)elective state officers;148.11(2)students employed by the University of Minnesota, or 148.12 the state colleges and universities,and community colleges148.13 unless approved for coverage by the board of regents or the 148.14 board of trustees of the Minnesota state colleges and 148.15 universities, as the case may be; 148.16(3)(2) employees who are eligible for membership in the 148.17 state teachers retirement association, except employees of the 148.18 department of children, families, and learning who have chosen 148.19 or may choose to be covered by the general state employees 148.20 retirement plan of the Minnesota state retirement system instead 148.21 of the teachers retirement association; 148.22(4)(3) employees of the University of Minnesota who are 148.23 excluded from coverage by action of the board of regents; 148.24(5)(4) officers and enlisted personnel in the national 148.25 guard and the naval militia who are assigned to permanent 148.26 peacetime duty and who under federal law are or are required to 148.27 be members of a federal retirement system; 148.28(6)(5) election officers; 148.29(7)(6) persons who are engaged in public work for the 148.30 state but who are employed by contractors when the performance 148.31 of the contract is authorized by the legislature or other 148.32 competent authority; 148.33(8)(7) officers and employees of the senateand, or of the 148.34 house of representatives, or of a legislative committee or 148.35 commission who are temporarily employed; 148.36(9)(8) receivers, jurors, notaries public, and court 149.1 employees who are not in the judicial branch as defined in 149.2 section 43A.02, subdivision 25, except referees and adjusters 149.3 employed by the department of labor and industry; 149.4(10)(9) patient and inmate help in state charitable, 149.5 penal, and correctional institutions including the Minnesota 149.6 veterans home; 149.7(11)(10) persons who are employed for professional 149.8 services where the service is incidental to their regular 149.9 professional duties and whose compensation is paid on a per diem 149.10 basis; 149.11(12)(11) employees of the Sibley House Association; 149.12(13)(12) the members of any state board or commission who 149.13 serve the state intermittently and are paid on a per diem basis; 149.14 the secretary, secretary-treasurer, and treasurer of those 149.15 boards if their compensation is $5,000 or less per year, or, if 149.16 they are legally prohibited from serving more than three years; 149.17 and the board of managers of the state agricultural society and 149.18 its treasurer unless the treasurer is also its full-time 149.19 secretary; 149.20(14)(13) state troopers; 149.21(15)(14) temporary employees of the Minnesota state fair 149.22 who are employed on or after July 1 for a period not to extend 149.23 beyond October 15 of that year; and persons who are employed at 149.24 any time by the state fair administration for special events 149.25 held on the fairgrounds; 149.26(16)(15) emergency employees who are in the classified 149.27 service; except that if an emergency employee, within the same 149.28 pay period, becomes a provisional or probationary employee on 149.29 other than a temporary basis, the employee shall be considered a 149.30 "state employee" retroactively to the beginning of the pay 149.31 period; 149.32(17)(16) persons who are described in section 352B.01, 149.33 subdivision 2, clauses (2) to (5); 149.34(18)(17) temporary employees in the classified service, 149.35 and temporary employees in the unclassified service who are 149.36 appointed for a definite period of not more than six months 150.1 and who are employed less than six months in any one-year 150.2 period; 150.3(19)(18) trainee employees, except those listed in 150.4 subdivision 2a, clause (10); 150.5(20)(19) persons whose compensation is paid on a fee 150.6 basis; 150.7(21)(20) state employees who are employed by the board of 150.8 trustees of the Minnesota state colleges and universities in 150.9 unclassified positions enumerated in section 43A.08, subdivision 150.10 1, clause (9); 150.11 (21) state employees who in any year have credit for 12 150.12 months service as teachers in the public schools of the state 150.13 and as teachers are members of the teachers retirement 150.14 association or a retirement system in St. Paul, Minneapolis, or 150.15 Duluth; 150.16 (22) employees of the adjutant general who are employed on 150.17 an unlimited intermittent or temporary basis in the 150.18 classifiedandor unclassified service for the support of army 150.19 and air national guard training facilities; 150.20 (23) chaplains and nuns who are excluded from coverage 150.21 under the federal Old Age, Survivors, Disability, and Health 150.22 Insurance Program for the performance of service as specified in 150.23 United States Code, title 42, section 410(a)(8)(A), as amended, 150.24 if no irrevocable election of coverage has been made under 150.25 section 3121(r) of the Internal Revenue Code of 1986, as amended 150.26 through December 31, 1992; 150.27 (24) examination monitors who are employed by departments, 150.28 agencies, commissions, and boards to conduct examinations 150.29 required by law; 150.30 (25) persons who are appointed to serve as members of 150.31 fact-finding commissions or adjustment panels, arbitrators, or 150.32 labor referees under chapter 179; 150.33 (26) temporary employees who are employed for limited 150.34 periods under any state or federal program for training or 150.35 rehabilitation, including persons who are employed for limited 150.36 periods from areas of economic distressexcept, but not 151.1 including skilled and supervisory personnel and persons having 151.2 civil service status covered by the system; 151.3 (27) full-time students who are employed by the Minnesota 151.4 historical society intermittently during part of the year and 151.5 full-time during the summer months; 151.6 (28) temporary employees,who are appointed for not more 151.7 than six months, of the metropolitan council and of any of its 151.8 statutory boards, if the board members are appointed by the 151.9 metropolitan council; 151.10 (29) persons who are employed in positions designated by 151.11 the department of employee relations as student workers; 151.12 (30) members of trades who are employed by the successor to 151.13 the metropolitan waste control commissionwith, who have trade 151.14 union pension plan coverage under a collective bargaining 151.15 agreement, and who are first employed after June 1, 1977; 151.16 (31) persons who are employed in subsidized on-the-job 151.17 training, work experience, or public service employment as 151.18 enrollees under the federal Comprehensive Employment and 151.19 Training Act after March 30, 1978, unless the person has as of 151.20 the later of March 30, 1978, or the date of employment 151.21 sufficient service credit in the retirement system to meet the 151.22 minimum vesting requirements for a deferred annuity, or the 151.23 employer agrees in writing on forms prescribed by the director 151.24 to make the required employer contributions, including any 151.25 employer additional contributions, on account of that person 151.26 from revenue sources other than funds provided under the federal 151.27 Comprehensive Employment and Training Act, or the person agrees 151.28 in writing on forms prescribed by the director to make the 151.29 required employer contribution in addition to the required 151.30 employee contribution; 151.31 (32) off-duty peace officers while employed by the 151.32 metropolitan council; 151.33 (33) persons who are employed as full-time police officers 151.34 by the metropolitan council and as police officers are members 151.35 of the public employees police and fire fund; 151.36 (34) persons who are employed as full-time firefighters by 152.1 the department of military affairs and as firefighters are 152.2 members of the public employees police and fire fund; 152.3 (35) foreign citizens with a work permit of less than three 152.4 years, or an H-1b/JV visa valid for less than three years of 152.5 employment, unless notice of extension is supplied which allows 152.6 them to work for three or more years as of the date the 152.7 extension is granted, in which case they are eligible for 152.8 coverage from the date extended; and 152.9 (36) persons who are employed by the board of trustees of 152.10 the Minnesota state colleges and universities and who elect to 152.11 remain members of the public employees retirement association or 152.12 the Minneapolis employees retirement fund, whichever applies, 152.13 under section 136C.75. 152.14 Sec. 6. Minnesota Statutes 2000, section 352.113, 152.15 subdivision 4, is amended to read: 152.16 Subd. 4. [MEDICAL OR PSYCHOLOGICAL EXAMINATIONS; 152.17 AUTHORIZATION FOR PAYMENT OF BENEFIT.] An applicant shall 152.18 provide medical or psychological evidence to support an 152.19 application for total and permanent disability. The director 152.20 shall have the employee examined by at least one additional 152.21 licensed chiropractor, physician, or psychologist designated by 152.22 the medical adviser. The chiropractors, physicians, or 152.23 psychologists shall make written reports to the director 152.24 concerning the employee's disability including medical opinions 152.25 as to whether the employee is permanently and totally disabled 152.26 within the meaning of section 352.01, subdivision 17. The 152.27 director shall also obtain written certification from the 152.28 employer stating whether the employment has ceased or whether 152.29 the employee is on sick leave of absence because of a disability 152.30 that will prevent further service to the employer and as a 152.31 consequence the employee is not entitled to compensation from 152.32 the employer. The medical adviser shall consider the reports of 152.33 the physicians, psychologists, and chiropractors and any other 152.34 evidence supplied by the employee or other interested parties. 152.35 If the medical adviser finds the employee totally and 152.36 permanently disabled, the adviser shall make appropriate 153.1 recommendation to the director in writing together with the date 153.2 from which the employee has been totally disabled. The director 153.3 shall then determine if the disability occurred within 180 days 153.4 of filing the application, while still in the employment of the 153.5 state, and the propriety of authorizing payment of a disability 153.6 benefit as provided in this section. A terminated employee may 153.7 apply for a disability benefit within 180 days of termination as 153.8 long as the disability occurred while in the employment of the 153.9 state. The fact that an employee is placed on leave of absence 153.10 without compensation because of disability does not bar that 153.11 employee from receiving a disability benefit. Unless payment of 153.12 a disability benefit has terminated because the employee is no 153.13 longer totally disabled, or because the employee has reached 153.14 normal retirement age as provided in this section, the 153.15 disability benefit shall cease with the last payment received by 153.16 the disabled employee or which had accrued during the lifetime 153.17 of the employee unless there is a spouse surviving; in that 153.18 event the surviving spouse is entitled to the disability benefit 153.19 for the calendar month in which the disabled employee died. 153.20 Sec. 7. Minnesota Statutes 2000, section 352.113, 153.21 subdivision 6, is amended to read: 153.22 Subd. 6. [REGULAR MEDICAL OR PSYCHOLOGICAL EXAMINATIONS.] 153.23 At least once each year during the first five years following 153.24 the allowance of a disability benefit to any employee, and at 153.25 least once in every three-year period thereafter, the director 153.26 may require any disabled employee to undergo a medical or 153.27 psychological examination. The examination must be made at the 153.28 place of residence of the employee, or at any place mutually 153.29 agreed upon, by a physician or physicians designated by the 153.30 medical adviser and engaged by the director. If any examination 153.31 indicates to the medical adviser that the employee is no longer 153.32 permanently and totally disabled, or is engaged in or can engage 153.33 in a gainful occupation, payments of the disability benefit by 153.34 the fund must be discontinued. The payments shall discontinue 153.35 as soon as the employee is reinstated to the payroll following 153.36 sick leave, but in no case shall payment be made for more than 154.1 60 days after the medical adviser finds that the employee is no 154.2 longer permanently and totally disabled. 154.3 Sec. 8. Minnesota Statutes 2000, section 352.22, 154.4 subdivision 8, is amended to read: 154.5 Subd. 8. [REFUND SPECIFICALLY LIMITED.] If a former 154.6 employee covered by the system does not apply for refund within 154.7 five years after the last deduction was taken from salary for 154.8 the retirement fund, and does not have enough service to qualify 154.9 for a deferred annuity, accumulated contributions must be 154.10 credited to and become a part of the retirement fund. If the 154.11 former employee returns to state service and becomes a state 154.12 employee covered by the system, the amount credited to the 154.13 retirement fund, if more than$2$25,shallmust be restored to 154.14 the individual account. If the amount credited to the fund is 154.15 over$2$25 and the former employee applies for refund or an 154.16 annuity under section 352.72, the amount must be restored to the 154.17 former employee's individual account and a refund made or an 154.18 annuity paid, whichever applies. 154.19 Sec. 9. Minnesota Statutes 2000, section 352.87, 154.20 subdivision 4, is amended to read: 154.21 Subd. 4. [NON-JOB-RELATED DISABILITY BENEFITS.] An 154.22 eligible member described in subdivision 1, who is less than 55154.23years of age andwho becomes disabled and physically or mentally 154.24 unfit to perform the duties of the position because of sickness 154.25 or injury while not engaged in covered employment,is entitled 154.26 to a disability benefit amount equivalent to an annuity computed 154.27 under subdivision 3 assuming the member has 15 years of service 154.28 qualifying under this section and waiving the minimum age 154.29 requirement. If the eligible member becomes disabled under this 154.30 subdivision with more than 15 years of service covered under 154.31 this section, the eligible member is entitled to a disability 154.32 benefit amount equivalent to an annuity computed under 154.33 subdivision 3 based on all years of service credited under this 154.34 section and waiving the minimum age requirement. 154.35 Sec. 10. Minnesota Statutes 2000, section 352.87, 154.36 subdivision 5, is amended to read: 155.1 Subd. 5. [JOB-RELATED DISABILITY BENEFITS.] An eligible 155.2 member defined in subdivision 1, who is less than 55 years of155.3age andwho becomes disabled and physically or mentally unfit to 155.4 perform the duties of the position because of sickness or injury 155.5 while engaged in covered employment,is entitled to a disability 155.6 benefit amount equivalent to an annuity computed under 155.7 subdivision 3 assuming the member has 20 years of service 155.8 qualifying under this section and waiving the minimum age 155.9 requirement. An eligible member who becomes disabled under this 155.10 subdivision with more than 20 years of service credited under 155.11 this section is entitled to a disability benefit amount 155.12 equivalent to an annuity computed under subdivision 3 based on 155.13 all years of service credited under this section and waiving the 155.14 age requirement. 155.15 Sec. 11. Minnesota Statutes 2000, section 352.95, 155.16 subdivision 4, is amended to read: 155.17 Subd. 4. [MEDICAL OR PSYCHOLOGICAL EVIDENCE.] (a) An 155.18 applicant shall provide medical or psychological evidence to 155.19 support an application for disability benefits. The director 155.20 shall have the employee examined by at least one additional 155.21 licensed physician or psychologist designated by the medical 155.22 adviser. The physicians shall make written reports to the 155.23 director concerning the employee's disability, including medical 155.24 opinions as to whether the employee is disabled within the 155.25 meaning of this section. The director shall also obtain written 155.26 certification from the employer stating whether the employee is 155.27 on sick leave of absence because of a disability that will 155.28 prevent further service to the employer, and as a consequence 155.29 the employee is not entitled to compensation from the employer. 155.30 (b) If on considering the physicians' reports and any other 155.31 evidence supplied by the employee or others, the medical adviser 155.32 finds the employee disabled within the meaning of this section, 155.33 the advisor shall make appropriate recommendation to the 155.34 director in writing, together with the date from which the 155.35 employee has been disabled. The director shall then determine 155.36 the propriety of authorizing payment of a disability benefit as 156.1 provided in this section. 156.2 (c) Unless payment of a disability benefit has terminated 156.3 because the employee is no longer disabled, or because the 156.4 employee has reached age6265 or the five-year anniversary of 156.5 the effective date of the disability benefit, whichever is 156.6 later, the disability benefit shall cease with the last payment 156.7 received by the disabled employee or which had accrued during 156.8 the employee's lifetime. While disability benefits are paid, 156.9 the director has the right at reasonable times to require the 156.10 disabled employee to submit proof of the continuance of the 156.11 disability claimed. If any examination indicates to the medical 156.12 adviser that the employee is no longer disabled, the disability 156.13 payment must be discontinued upon reinstatement to state service 156.14 or within 60 days of the finding, whichever is sooner. 156.15 Sec. 12. Minnesota Statutes 2000, section 352.95, 156.16 subdivision 5, is amended to read: 156.17 Subd. 5. [RETIREMENT STATUS AT NORMAL RETIREMENT AGE.] The 156.18 disability benefit paid to a disabled correctional employee 156.19 under this section shall terminate at the end of the month in 156.20 which the employee reaches age6265, or the five-year 156.21 anniversary of the effective date of the disability benefit, 156.22 whichever is later. If the disabled correctional employee is 156.23 still disabled when the employee reaches age6265, or the 156.24 five-year anniversary of the effective date of the disability 156.25 benefit, whichever is later, the employee shall be deemed to be 156.26 a retired employee. If the employee had elected an optional 156.27 annuity under subdivision 1a, the employee shall receive an 156.28 annuity in accordance with the terms of the optional annuity 156.29 previously elected. If the employee had not elected an optional 156.30 annuity under subdivision 1a, the employee may within 90 days of 156.31 attaining age 65 or reaching the five-year anniversary of the 156.32 effective date of the disability benefit, whichever is later, 156.33 either elect to receive a normal retirement annuity computed in 156.34 the manner provided in section 352.93 or elect to receive an 156.35 optional annuity as provided in section 352.116, subdivision 3, 156.36 based on the same length of service as used in the calculation 157.1 of the disability benefit. Election of an optional annuity must 157.2 be made within 90 days before attaining age 65 or reaching the 157.3 five-year anniversary of the effective date of the disability 157.4 benefit, whichever is later. If an optional annuity is elected, 157.5 the optional annuity shall begin to accrue on the first of the 157.6 month following the month in which the employee reaches age 65 157.7 or the five-year anniversary of the effective date of the 157.8 disability benefit, whichever is later. 157.9 Sec. 13. Minnesota Statutes 2000, section 352.95, 157.10 subdivision 7, is amended to read: 157.11 Subd. 7. [RESUMPTION OF EMPLOYMENT.] If the disabled 157.12 employee resumesagainfuloccupation from which earnings are157.13less than the salary received at the date of disability or the157.14salary currently paid for similar positions, or if the employee157.15is entitled to receive workers' compensation benefitswork, the 157.16 disability benefit must be continued in an amount which when 157.17 added to current earnings and workers' compensation benefits 157.18 does not exceed the salaryreceived at the date of disability or157.19the salary currently paid for similar positions, whichever is157.20higher, if the disability benefit in that case does not exceed157.21the disability benefit originally authorized and in effectrate 157.22 of the disabled employee at the date of disability as adjusted 157.23 by the same percentage increase in United States average wages 157.24 used by social security in calculating average indexed monthly 157.25 earnings for the same period. 157.26 Sec. 14. Minnesota Statutes 2000, section 352B.01, 157.27 subdivision 11, is amended to read: 157.28 Subd. 11. [AVERAGE MONTHLY SALARY.] "Average monthly 157.29 salary" means the average of the highest monthly salaries for 157.30 five years of service as a member. Average monthly salary must 157.31 be based upon all allowable service if this service is less than 157.32 five years. It does not include any lump sum annual leave 157.33 payments and overtime payments made at the time of separation 157.34 from state service, any amounts of severance pay, or any reduced 157.35 salary paid during the period the person is entitled to workers' 157.36 compensation benefit payments for temporary disability. A 158.1 member on leave of absence receiving temporary workers' 158.2 compensation payments and a reduced salary or no salary from the 158.3 employer who is entitled to allowable service credit for the 158.4 period of absence may make payment to the fund for the 158.5 difference between salary received, if any, and the salary the 158.6 member would normally receive if not on leave of absence during 158.7 the period. The member shall pay an amount equal to the member 158.8 and employer contribution rate under section 352B.02, 158.9 subdivisions 1b and 1c, on the differential salary amount for 158.10 the period of the leave of absence. The employing department, 158.11 at its option, may pay the employer amount on behalf of the 158.12 member. Payment made under this subdivision must include 158.13 interest at the rate of 8.5 percent per year, and must be 158.14 completed within one year of the return from the leave of 158.15 absence. 158.16 Sec. 15. Minnesota Statutes 2000, section 352B.10, 158.17 subdivision 3, is amended to read: 158.18 Subd. 3. [ANNUAL AND SICK LEAVE; WORK AT LOWER PAY.] No 158.19 member shall receive any disability benefit payment when the 158.20 member has unused annual leave or sick leave or under any other 158.21 circumstances, when during the period of disability there has 158.22 been no impairment of salary. Should the member or former 158.23 member resume gainful workand earn less than the salary158.24received at the date of disability or the salary currently paid158.25for similar positions, the disability benefit must be continued 158.26 in an amount which when added to current earnings does not 158.27 exceed the salary rate received of the person at the date of 158.28 disabilityor the salary currently paid for similar positions,158.29whichever is higher. The disability benefit must not exceed the158.30disability benefit originally allowedas adjusted by the same 158.31 percentage increase in United States average wages used by 158.32 social security in calculating average indexed monthly earnings 158.33 for the same period. 158.34 Sec. 16. Minnesota Statutes 2000, section 352B.101, is 158.35 amended to read: 158.36 352B.101 [APPLICATION FOR DISABILITY BENEFIT.] 159.1 A member claiming a disability benefit must file a written 159.2 application for benefits in the office of the system in a form 159.3 and manner prescribed by the executive director. The member 159.4 shall provide medical or psychological evidence to support the 159.5 application. The benefit begins to accrue the day following the 159.6 start of disability or the day following the last day for which 159.7 the member was paid, whichever is later, but not earlier than 159.8 180 days before the date the application is filed with the 159.9 executive director. 159.10 Sec. 17. Minnesota Statutes 2000, section 354.05, 159.11 subdivision 2, is amended to read: 159.12 Subd. 2. [TEACHER.] (a) "Teacher" means: 159.13 (1) a person who renders service as a teacher, supervisor, 159.14 principal, superintendent, librarian, nurse, counselor, social 159.15 worker, therapist, or psychologist in the public schools of the 159.16 state located outside of the corporate limits of the cities of 159.17 the first classor in the Minnesota state colleges and159.18universities system,or in any charitable, penal, or 159.19 correctional institutions of a governmental subdivision, or who 159.20 is engaged in educational administration in connection with the 159.21 state public school system,including the Minnesota state159.22colleges and universities system,but excluding the University 159.23 of Minnesota, whether the position be a public office or an 159.24 employment, not including members or officers of any general 159.25 governing or managing board or body; 159.26 (2) an employee of the teachers retirement association 159.27unless the employee is covered by the Minnesota state retirement159.28system due to prior employment by that system; 159.29 (3) a person who renders teaching service on a part-time 159.30 basis and who also renders other services for a single employing 159.31 unit. A person whose teaching service comprises at least 50 159.32 percent of the combined employment salary is a member of the 159.33 association for all services with the single employing unit. If 159.34 the person's teaching service comprises less than 50 percent of 159.35 the combined employment salary, the executive director must 159.36 determine whether all or none of the combined service is covered 160.1 by the association.; or 160.2 (4) a person who is not covered by the plans established 160.3 under chapter 352D, 354A, or 354B and who is employed by the 160.4 board of trustees of the Minnesota state colleges and 160.5 universities system in an unclassified position as: 160.6 (i) a president, vice-president, or dean; 160.7 (ii) a manager or a professional in an academic or an 160.8 academic support program other than specified in subclause (i); 160.9 (iii) an administrative or a service support faculty 160.10 position; or 160.11 (iv) a teacher or a research assistant. 160.12 (b) Teacher does not mean: 160.13 (1) a person who works for a school or institution as an 160.14 independent contractor as defined by the Internal Revenue 160.15 Service; 160.16 (2) a person employed in subsidized on-the-job training, 160.17 work experience or public service employment as an enrollee 160.18 under the federal Comprehensive Employment and Training Act from 160.19 and after March 30, 1978, unless the person has, as of the later 160.20 of March 30, 1978, or the date of employment, sufficient service 160.21 credit in the retirement association to meet the minimum vesting 160.22 requirements for a deferred retirement annuity, or the employer 160.23 agrees in writing on forms prescribed by the executive director 160.24 to make the required employer contributions, including any 160.25 employer additional contributions, on account of that person 160.26 from revenue sources other than funds provided under the federal 160.27 Comprehensive Training and Employment Act, or the person agrees 160.28 in writing on forms prescribed by the executive director to make 160.29 the required employer contribution in addition to the required 160.30 employee contribution; 160.31 (3) a person holding a part-time adult supplementary 160.32 technical college license who renders part-time teaching service 160.33 or a customized trainer as defined by the Minnesota state 160.34 colleges and universities system in a technical college if (i) 160.35 the service is incidental to the regular nonteaching occupation 160.36 of the person; and (ii) the applicable technical college 161.1 stipulates annually in advance that the part-time teaching 161.2 service or customized training service will not exceed 300 hours 161.3 in a fiscal year and retains the stipulation in its records; and 161.4 (iii) the part-time teaching service or customized training 161.5 service actually does not exceed 300 hours in a fiscal year; or 161.6 (4) a person exempt from licensure under section 122A.30. 161.7 Sec. 18. Minnesota Statutes 2000, section 354.52, 161.8 subdivision 4, is amended to read: 161.9 Subd. 4. [REPORTING AND REMITTANCE REQUIREMENTS.] An 161.10 employer shall remit all amounts due to the association and 161.11 furnish a statement indicating the amount due and transmitted 161.12 with any other information required by the executive director. 161.13 If an amount due is not received by the association withinseven161.14 14 calendar days of the payroll warrant, the amount accrues 161.15 interest at an annual rate of 8.5 percent compounded annually 161.16 from the due date until the amount is received by the 161.17 association. All amounts due and other employer obligations not 161.18 remitted within 60 days of notification by the association must 161.19 be certified to the commissioner of finance who shall deduct the 161.20 amount from any state aid or appropriation amount applicable to 161.21 the employing unit. 161.22 Sec. 19. Minnesota Statutes 2000, section 354A.011, 161.23 subdivision 24, is amended to read: 161.24 Subd. 24. [SALARY; COVERED SALARY.] (a) "Salary" or 161.25 "covered salary" means the entire compensation, upon which 161.26 member contributions are required and made, that is paid to a 161.27 teacher beforeany allowable reductions permitted under the161.28federal Internal Revenue Code of 1986, as amended, for employee161.29selected fringe benefits, tax sheltered annuities, deferred161.30compensation, or any combination of these itemsdeductions for 161.31 deferred compensation, supplemental retirement plans, or other 161.32 voluntary salary reduction programs. 161.33 (b) "Salary" does not mean: 161.34 (1) lump sum annual leave payments; 161.35 (2) lump sum wellness and sick leave payments; 161.36 (3)payments in lieu of any employer-paid group insurance162.1coverageemployer-paid amounts used by an employee toward the 162.2 cost of insurance coverage, employer-paid fringe benefits, 162.3 flexible spending accounts, cafeteria plans, health care expense 162.4 accounts, day care expenses, or any payments in lieu of any 162.5 employer-paid group insurance coverage, including the difference 162.6 between single and family rates that may be paid to a member 162.7 with single coverage, and certain amounts determined by the 162.8 executive secretary or director to be ineligible; 162.9 (4)payments for the difference between single and family162.10premium rates that may be paid to a member with single162.11coverageany form of payment made in lieu of any other 162.12 employer-paid fringe benefit or expense; 162.13 (5)employer-paid fringe benefits including, but not162.14limited to, flexible spending accounts, cafeteria plans, health162.15care expense accounts, day care expenses, or automobile162.16allowances and expensesany form of severance payments; 162.17 (6) workers' compensation payments; 162.18 (7) disability insurance payments, including self-insured 162.19 disability payments; 162.20(6)(8) payments to school principals and all other 162.21 administrators for services in addition to the normal work year 162.22 contract if these additional services are performed on an 162.23 extended duty day, Saturday, Sunday, holiday, annual leave day, 162.24 sick leave day, or any other nonduty day; 162.25(7)(9) payments under section 356.24, subdivision 1, 162.26 clause (4)(ii); and 162.27(8)(10) payments made under section 122A.40, subdivision 162.28 12, except for payments for sick leave accumulated under the 162.29 provisions of a uniform school district policy that applies 162.30 equally to all similarly situated persons in the district. 162.31 Sec. 20. [354A.107] [PAYMENT ACCEPTANCE ALLOWED.] 162.32 The payment for the purchase of allowable service credit, 162.33 or the repayment of a prior refund, or the payment of equivalent 162.34 contributions for an eligible leave of absence, as permitted by 162.35 law, by a member of the Minneapolis teachers retirement fund 162.36 association, the St. Paul teachers retirement fund association, 163.1 or the Duluth teachers retirement fund association, may be made 163.2 with amounts transferred from a plan qualified under section 163.3 401(a), 401(k), 403(a), 403(b), or 457(b) of the federal 163.4 Internal Revenue Code of 1986, as amended from time to time, or 163.5 amounts transferred from an individual retirement account if 163.6 done solely in a manner that is eligible for treatment as a 163.7 nontaxable rollover under the applicable federal law. The 163.8 rollover must be separately accounted for as member 163.9 contributions that were not previously taxed. Before accepting 163.10 any transfers to which this section applies, the executive 163.11 secretary or director must require the member to provide written 163.12 documentation that the amounts to be transferred are eligible 163.13 for tax free rollover and qualify for that treatment under the 163.14 federal Internal Revenue Code of 1986, as amended. 163.15 Sec. 21. [354A.108] [PAYMENT BY TEACHERS COLLECTING 163.16 WORKERS' COMPENSATION.] 163.17 (a) A member of the Duluth teachers retirement fund 163.18 association who is receiving temporary workers' compensation 163.19 payments related to the member's teaching service and who either 163.20 is receiving a reduced salary from the employer or is receiving 163.21 no salary from the employer is entitled to receive allowable 163.22 service credit for the period of time that the member is 163.23 receiving the workers' compensation payments upon making the 163.24 required payment amount. 163.25 (b) The required amount payable by the member must be 163.26 calculated first by determining the differential salary amount, 163.27 which is the difference between the salary received, if any, 163.28 during the period of time that the member is collecting workers' 163.29 compensation payments, and the salary that the member received 163.30 for an identical length period immediately before collecting the 163.31 workers' compensation payments. The member shall pay an amount 163.32 equal to the employee contribution rate under section 354A.12, 163.33 subdivision 1, multiplied by the differential salary amount. 163.34 (c) If the member makes the employee payment under this 163.35 section, the employing unit shall make an employer payment to 163.36 the Duluth teachers retirement fund association equal to the 164.1 employer contribution rate under section 354A.12, subdivision 164.2 2a, multiplied by the differential salary amount. 164.3 (d) Payments made under this subdivision are payable 164.4 without interest if paid by June 30 of the year during which the 164.5 workers' compensation payments are received by the member. If 164.6 paid after June 30, payments made under this subdivision must 164.7 include interest at the rate of 8.5 percent per year. Payment 164.8 under this section must be completed within one year of the 164.9 termination of the workers' compensation payments to the member. 164.10 Sec. 22. Minnesota Statutes 2000, section 354A.12, 164.11 subdivision 5, is amended to read: 164.12 Subd. 5. [EMPLOYEEREPORTING AND REMITTANCE REQUIREMENTS.] 164.13 (a) Eachschool districtemploying unit shall provide to the 164.14 appropriate teachers retirement fund associationinformationthe 164.15 following member data regarding all new or returning 164.16 employeeson a form provided by the executive secretary or164.17directorbefore the employee's first payroll date.in a format 164.18 approved by the executive secretary or director. Data changes 164.19 and the dates of those changes must be reported to the 164.20 association on an ongoing basis for the payroll cycle in which 164.21 they occur. Data on the member includes: 164.22 (1) legal name, address, date of birth, association member 164.23 number, employer-assigned employee number, and social security 164.24 number; 164.25 (2) association status, including, but not limited to, 164.26 basic, coordinated, exempt annuitant, exempt technical college 164.27 teacher, or exempt independent contractor or consultant; 164.28 (3) employment status, including, but not limited to, full 164.29 time, part time, intermittent, substitute, or part-time 164.30 mobility; 164.31 (4) employment position, including, but not limited to, 164.32 teacher, superintendent, principal, administrator, or other; 164.33 (5) employment activity, including, but not limited to, 164.34 hire, termination, resumption of employment, disability, or 164.35 death; 164.36 (6) leaves of absence; and 165.1 (7) other information as may be required by the association. 165.2 (b) Each employing unit shall provide the following data to 165.3 the appropriate association for each payroll cycle in a format 165.4 approved by the executive secretary or director: 165.5 (1) an association member number; 165.6 (2) employer-assigned employee number; 165.7 (3) social security number; 165.8 (4) amount of each salary deduction; 165.9 (5) amount of salary as defined in section 354A.011, 165.10 subdivision 24, from which each deduction was made; 165.11 (6) reason for payment; 165.12 (7) service credit; 165.13 (8) the beginning and ending dates of the payroll period 165.14 covered and the date of actual payment; 165.15 (9) fiscal year of salary earnings; 165.16 (10) total remittance amount including employee, employer, 165.17 and employer additional contributions; and 165.18 (11) other information as may be required by the 165.19 association. 165.20 (c) On or before August 1 each year, each employing unit 165.21 must report to the appropriate association giving an itemized 165.22 summary for the preceding 12 months of the total amount that was 165.23 withheld from the salaries of teachers for deductions and all 165.24 other information required by the association. 165.25 (d) An employing unit that does not comply with the 165.26 reporting requirements under this section shall pay a fine of $5 165.27 per calendar day until the association receives the required 165.28 member data. 165.29 (e) An employing unit shall remit all amounts that are due 165.30 to the association and shall furnish for each pay period an 165.31 itemized statement indicating the total amount that is due and 165.32 is transmitted with any other information required by the 165.33 association. All amounts due and other employer obligations 165.34 that are not remitted within 30 days of notification by the 165.35 association must be certified by the director or secretary to 165.36 the commissioner of finance, who shall deduct the amount from 166.1 any state aid or appropriation amount applicable to the 166.2 employing unit and shall transmit the deducted amount to the 166.3 applicable association. 166.4 Sec. 23. Minnesota Statutes 2000, section 354A.31, 166.5 subdivision 3, is amended to read: 166.6 Subd. 3. [RESUMPTION OF TEACHING AFTER COMMENCEMENT OF A 166.7 RETIREMENT ANNUITY.] (a) Any person who retired and is receiving 166.8 a coordinated program retirement annuity under the provisions of 166.9 sections 354A.31 to 354A.41 or any person receiving a basic 166.10 program retirement annuity under the governing sections in the 166.11 articles of incorporation or bylaws and who has resumed teaching 166.12 service for the school district in which the teachers retirement 166.13 fund association exists is entitled to continue to receive 166.14 retirement annuity payments, except that annuity payments must 166.15 be reduced during the calendar year immediately following the 166.16 calendar year in which the person's income from the teaching 166.17 service is in an amount greater than the annual maximum earnings 166.18 allowable for that age for the continued receipt of full benefit 166.19 amounts monthly under the federal old age, survivors, and 166.20 disability insurance program as set by the secretary of health 166.21 and human services under United States Code, title 42, section 166.22 403. The amount of the reduction must be one-third the amount 166.23 in excess of the applicable reemployment income maximum 166.24 specified in this subdivision and must be deducted from the 166.25 annuity payable for the calendar year immediately following the 166.26 calendar year in which the excess amount was earned. If the 166.27 person has not yet reached the minimum age for the receipt of 166.28 social security benefits, the maximum earnings for the person 166.29 must be equal to the annual maximum earnings allowable for the 166.30 minimum age for the receipt of social security benefits. 166.31 (b) If the person is retired for only a fractional part of 166.32 the calendar year during the initial year of retirement, the 166.33 maximum reemployment income specified in this subdivision must 166.34 be prorated for that calendar year. 166.35 (c) After a person has reached the age of 70, no 166.36 reemployment income maximum is applicable regardless of the 167.1 amount of any compensation received for teaching service for the 167.2 school district in which the teachers retirement fund 167.3 association exists. 167.4 (d) The amount of the retirement annuity reduction must be 167.5 handled or disposed of as provided in section 356.58. 167.6 (e) For the purpose of this subdivision, income from 167.7 teaching service includes: (i) all income for services 167.8 performed as a consultant or independent contractor; or income 167.9 resulting from working with the school district in any capacity; 167.10 and (ii) the greater of either the income received or an amount 167.11 based on the rate paid with respect to an administrative 167.12 position, consultant, or independent contractor in the school 167.13 district in which the teachers retirement fund association 167.14 exists and at the same level as the position occupied by the 167.15 person who resumes teaching service. 167.16 (f) On or before February 15 of each year, each applicable 167.17 employing unit shall report to the teachers retirement fund 167.18 association the amount of postretirement income as defined in 167.19 this subdivision, earned as a teacher, consultant, or 167.20 independent contractor during the previous calendar year by each 167.21 retiree of the teachers retirement fund association for teaching 167.22 service performed after retirement. The report must be in a 167.23 format approved by the executive secretary or director. 167.24 Sec. 24. Minnesota Statutes 2000, section 354A.35, 167.25 subdivision 4, is amended to read: 167.26 Subd. 4. [PAYMENT OF MINIMAL REFUND AND BENEFIT AMOUNTS.] 167.27 If a coordinated member or former coordinated member dies 167.28 without having designated a beneficiary or if the designated 167.29 beneficiary dies without there existing any other designated 167.30 beneficiary and prior to making application for the refund 167.31 credited to the deceased coordinated member or coordinated 167.32 former member, and if the amount of the refund does not 167.33 exceed$500$1,500, the board in its discretion may, in absence 167.34 of probate proceedings, make payment 90 days after the date of 167.35 death of the coordinated member or former coordinated member to 167.36 the surviving spouse of the deceased coordinated member or 168.1 former coordinated member, or if none, to the next of kin as 168.2 determined under the laws of descent of the state. A payment 168.3 under this subdivision shall be a bar to recovery by any other 168.4 person or persons. Any retirement annuity in any amount which 168.5 has accrued at the time of the death of a coordinated retiree 168.6 may be paid by the board in its discretion using the procedure 168.7 set forth in this subdivision. 168.8 Sec. 25. Minnesota Statutes 2000, section 356A.06, 168.9 subdivision 5, is amended to read: 168.10 Subd. 5. [INVESTMENT BUSINESS RECIPIENT DISCLOSURE.] The 168.11 chief administrative officer of a covered pension plan, with 168.12 respect to investments made by the plan, and the executive 168.13 director of the state board of investment, with respect to 168.14 investments of plan assets made by the board, shall annually 168.15 disclose in writing the recipients of investment business placed 168.16 with or investment commissions allocated among commercial banks, 168.17 investment bankers, brokerage organizations, or other investment 168.18 managers. The disclosure document must be prepared within 60 168.19 days after the close of the fiscal year of the plan and must be 168.20 available for public inspection during regular office hours at 168.21 the office of the plan. The disclosure document must also be 168.22 filed with the executive director of the legislative commission 168.23 on pensions and retirement within 90 days after the close of the 168.24 fiscal year of the plan. For the state board of investment and 168.25 a first class city teacher retirement fund association, a 168.26 disclosure document included as part of a regular annual report 168.27 of the board or of the first class city teacher retirement fund 168.28 association when filed with the executive director of the 168.29 legislative commission on pensions and retirement is considered 168.30 to have been filed on a timely basis. 168.31 Sec. 26. Minnesota Statutes 2000, section 490.121, 168.32 subdivision 4, is amended to read: 168.33 Subd. 4. [ALLOWABLE SERVICE.] "Allowable service" meansa168.34whole year, or any fraction thereofany calendar month, subject 168.35 to the service credit limit in subdivision 22, served as a judge 168.36 at any time, or served as a referee in probate for all referees 169.1 in probate who were in office prior to January 1, 1974. 169.2 Sec. 27. [REPEALER.] 169.3 Minnesota Statutes 2000, section 354A.026, is repealed. 169.4 Sec. 28. [EFFECTIVE DATE.] 169.5 (a) Sections 1 to 20, 22 to 27 are effective on July 1, 169.6 2001. 169.7 (b) Section 21 is effective on May 1, 2001. 169.8 ARTICLE 5 169.9 OPEN MEETING REQUIREMENT FOR LOCAL PUBLIC PENSION PLANS 169.10 Section 1. Minnesota Statutes 2000, section 13D.01, 169.11 subdivision 1, is amended to read: 169.12 Subdivision 1. [IN EXECUTIVE BRANCH, LOCAL GOVERNMENT.] 169.13 All meetings, including executive sessions, must be open to the 169.14 public 169.15 (a) of a state 169.16 (1) agency, 169.17 (2) board, 169.18 (3) commission, or 169.19 (4) department, 169.20 when required or permitted by law to transact public business in 169.21 a meeting;and169.22 (b) of the governing body of a 169.23 (1) school district however organized, 169.24 (2) unorganized territory, 169.25 (3) county, 169.26 (4) statutory or home rule charter city, 169.27 (5) town, or 169.28 (6) other public body;and169.29 (c) of any 169.30 (1) committee, 169.31 (2) subcommittee, 169.32 (3) board, 169.33 (4) department, or 169.34 (5) commission, 169.35 of a public body; and 169.36 (d) of the governing body or a committee of: 170.1 (1) a statewide public pension plan defined in section 170.2 356A.01, subdivision 24; or 170.3 (2) a local public pension plan governed by section 69.77, 170.4 sections 69.771 to 69.775, or chapter 354A, 422A, or 423B. 170.5 Sec. 2. Minnesota Statutes 2000, section 356A.08, 170.6 subdivision 1, is amended to read: 170.7 Subdivision 1. [PUBLIC MEETINGS.] A meeting of the 170.8 governing board of a coveredstatewidepension plan or of a 170.9 committee of the governing board of thestatewidecovered 170.10 pension plan is governed by chapter 13D. 170.11 Sec. 3. [EFFECTIVE DATE.] 170.12 Sections 1 and 2 are effective the day following final 170.13 enactment. 170.14 ARTICLE 6 170.15 POLICE STATE AID AMENDMENTS 170.16 Section 1. Minnesota Statutes 2000, section 69.011, 170.17 subdivision 1, is amended to read: 170.18 Subdivision 1. [DEFINITIONS.] Unless the language or 170.19 context clearly indicates that a different meaning is intended, 170.20 the following words and terms shall for the purposes of this 170.21 chapter and chapters 423, 423A, 424 and 424A have the meanings 170.22 ascribed to them: 170.23 (a) "Commissioner" means the commissioner of revenue. 170.24 (b) "Municipality" meansany: 170.25 (1) a home rule charter or statutory city,; 170.26 (2) an organized townor; 170.27 (3) a park district subject to chapter 398,; 170.28 (4) the University of Minnesota, and,; 170.29 (5) for purposes of the fire state aid program only, an 170.30 American Indian tribal government entity located within a 170.31 federally recognized American Indian reservation, and,; 170.32 (6) for purposes of the police state aid program only, an 170.33 American Indian tribal government with a tribal police 170.34 department which exercises state arrest powers under section 170.35 626.90, 626.91, 626.92, or 626.93; 170.36 (7) for purposes of the police state aid program only, the 171.1 metropolitan airports commission,with respect to peace officers 171.2 covered under chapter 422A, or; and 171.3 (8) for purposes of the police state aid program only, the 171.4 department of natural resources and the department of public 171.5 safety with respect to peace officers covered under chapter 352B. 171.6 (c) "Minnesota Firetown Premium Report" means a form 171.7 prescribed by the commissioner containing space for reporting by 171.8 insurers of fire, lightning, sprinkler leakage and extended 171.9 coverage premiums received upon risks located or to be performed 171.10 in this state less return premiums and dividends. 171.11 (d) "Firetown" means the area serviced by any municipality 171.12 having a qualified fire department or a qualified incorporated 171.13 fire department having a subsidiary volunteer firefighters' 171.14 relief association. 171.15 (e) "Market value" means latest available market value of 171.16 all property in a taxing jurisdiction, whether the property is 171.17 subject to taxation, or exempt from ad valorem taxation obtained 171.18 from information which appears on abstracts filed with the 171.19 commissioner of revenue or equalized by the state board of 171.20 equalization. 171.21 (f) "Minnesota Aid to Police Premium Report" means a form 171.22 prescribed by the commissioner for reporting by each fire and 171.23 casualty insurer of all premiums received upon direct business 171.24 received by it in this state, or by its agents for it, in cash 171.25 or otherwise, during the preceding calendar year, with reference 171.26 to insurance written for insuring against the perils contained 171.27 in auto insurance coverages as reported in the Minnesota 171.28 business schedule of the annual financial statement which each 171.29 insurer is required to file with the commissioner in accordance 171.30 with the governing laws or rules less return premiums and 171.31 dividends. 171.32 (g) "Peace officer" means any person: 171.33 (1) whose primary source of income derived from wages is 171.34 from direct employment by a municipality or county as a law 171.35 enforcement officer on a full-time basis of not less than 30 171.36 hours per week; 172.1 (2) who has been employed for a minimum of six months prior 172.2 to December 31 preceding the date of the current year's 172.3 certification under subdivision 2, clause (b); 172.4 (3) who is sworn to enforce the general criminal laws of 172.5 the state and local ordinances; 172.6 (4) who is licensed by the peace officers standards and 172.7 training board and is authorized to arrest with a warrant; and 172.8 (5) who is a member of a local police relief association to 172.9 which section 69.77 applies, the state patrol retirement plan, 172.10 the public employees police and fire fund, or the Minneapolis 172.11 employees retirement fund. 172.12 (h) "Full-time equivalent number of peace officers 172.13 providing contract service" means the integral or fractional 172.14 number of peace officers which would be necessary to provide the 172.15 contract service if all peace officers providing service were 172.16 employed on a full-time basis as defined by the employing unit 172.17 and the municipality receiving the contract service. 172.18 (i) "Retirement benefits other than a service pension" 172.19 means any disbursement authorized under section 424A.05, 172.20 subdivision 3, clauses (2), (3), and (4). 172.21 (j) "Municipal clerk, municipal clerk-treasurer, or county 172.22 auditor" means the person who was elected or appointed to the 172.23 specified position or, in the absence of the person, another 172.24 person who is designated by the applicable governing body. In a 172.25 park district, the clerk is the secretary of the board of park 172.26 district commissioners. In the case of the University of 172.27 Minnesota, the clerk is that official designated by the board of 172.28 regents. For the metropolitan airports commission, the clerk is 172.29 the person designated by the commission. For the department of 172.30 natural resources or the department of public safety, the clerk 172.31 is the respective commissioner. For a tribal police department 172.32 which exercises state arrest powers under section 626.90, 172.33 626.91, 626.92, or 626.93, the clerk is the person designated by 172.34 the applicable American Indian tribal government. 172.35 Sec. 2. [EFFECTIVE DATE.] 172.36 Section 1 is effective the day following final enactment. 173.1 ARTICLE 7 173.2 GENERALIZED SERVICE CREDIT PURCHASES 173.3 Section 1. Minnesota Statutes 2000, section 352.01, 173.4 subdivision 11, is amended to read: 173.5 Subd. 11. [ALLOWABLE SERVICE.] "Allowable service" means: 173.6 (1) Service by an employee for which on or before July 1, 173.7 1957, the employee was entitled to allowable service credit on 173.8 the records of the system by reason of employee contributions in 173.9 the form of salary deductions, payments in lieu of salary 173.10 deductions, or in any other manner authorized by Minnesota 173.11 Statutes 1953, chapter 352, as amended by Laws 1955, chapter 239. 173.12 (2) Service by an employee for which on or before July 1, 173.13 1961, the employee chose to obtain credit for service by making 173.14 payments to the fund under Minnesota Statutes 1961, section 173.15 352.24. 173.16 (3) Except as provided in clauses (8) and (9), service by 173.17 an employee after July 1, 1957, for any calendar month in which 173.18 the employee is paid salary from which deductions are made, 173.19 deposited, and credited in the fund, including deductions made, 173.20 deposited, and credited as provided in section 352.041. 173.21 (4) Except as provided in clauses (8) and (9), service by 173.22 an employee after July 1, 1957, for any calendar month for which 173.23 payments in lieu of salary deductions are made, deposited, and 173.24 credited in the fund, as provided in section 352.27 and 173.25 Minnesota Statutes 1957, section 352.021, subdivision 4. 173.26 For purposes of clauses (3) and (4), except as provided in 173.27 clauses (8) and (9), any salary paid for a fractional part of 173.28 any calendar month, including the month of separation from state 173.29 service, is deemed the compensation for the entire calendar 173.30 month. 173.31 (5) The period of absence from their duties by employees 173.32 who are temporarily disabled because of injuries incurred in the 173.33 performance of duties and for which disability the state is 173.34 liable under the workers' compensation law until the date 173.35 authorized by the director for the commencement of payments of a 173.36 total and permanent disability benefit from the retirement fund. 174.1 (6) Service covered by a refund repaid as provided in 174.2 section 352.23 or 352D.05, subdivision 4, except service 174.3 rendered as an employee of the adjutant general for which the 174.4 person has credit with the federal civil service retirement 174.5 system. 174.6 (7) Service before July 1, 1978, by an employee of the 174.7 transit operating division of the metropolitan transit 174.8 commission or by an employee on an authorized leave of absence 174.9 from the transit operating division of the metropolitan transit 174.10 commission who is employed by the labor organization which is 174.11 the exclusive bargaining agent representing employees of the 174.12 transit operating division, which was credited by the 174.13 metropolitan transit commission-transit operating division 174.14 employees retirement fund or any of its predecessor plans or 174.15 funds as past, intermediate, future, continuous, or allowable 174.16 service as defined in the metropolitan transit 174.17 commission-transit operating division employees retirement fund 174.18 plan document in effect on December 31, 1977. 174.19 (8) Service after July 1, 1983, by an employee who is 174.20 employed on a part-time basis for less than 50 percent of full 174.21 time, for which the employee is paid salary from which 174.22 deductions are made, deposited, and credited in the fund, 174.23 including deductions made, deposited, and credited as provided 174.24 in section 352.041 or for which payments in lieu of salary 174.25 deductions are made, deposited, and credited in the fund as 174.26 provided in section 352.27 shall be credited on a fractional 174.27 basis either by pay period, monthly, or annually based on the 174.28 relationship that the percentage of salary earned bears to a 174.29 full-time salary, with any salary paid for the fractional 174.30 service credited on the basis of the rate of salary applicable 174.31 for a full-time pay period, month, or a full-time year. For 174.32 periods of part-time service that is duplicated service credit, 174.33 section 356.30, subdivision 1, clauses (i) and (j), govern. 174.34 Allowable service determined and credited on a fractional 174.35 basis shall be used in calculating the amount of benefits 174.36 payable, but service as determined on a fractional basis must 175.1 not be used in determining the length of service required for 175.2 eligibility for benefits. 175.3 (9) Any period of authorized leave of absence without pay 175.4 that does not exceed one year and for which the employee 175.5 obtained credit by payment to the fund in lieu of salary 175.6 deductions. To obtain credit, the employee shall pay an amount 175.7 equal to the employee and employer contribution rate in section 175.8 352.04, subdivisions 2 and 3, multiplied by the employee's 175.9 hourly rate of salary on the date of return from leave of 175.10 absence and by the days and months of the leave of absence 175.11 without pay for which the employee wants allowable service 175.12 credit. The employing department, at its option, may pay the 175.13 employer amount on behalf of its employees. Payments made under 175.14 this clause must include interest at an annual rate of 8.5 175.15 percent compounded annually from the date of termination of the 175.16 leave of absence to the date payment is made unless payment is 175.17 completed within one year of the return from leave of absence. 175.18 (10) A period purchased under section 356.555. 175.19 Sec. 2. Minnesota Statutes 2000, section 352B.01, 175.20 subdivision 3, is amended to read: 175.21 Subd. 3. [ALLOWABLE SERVICE.] (a) "Allowable service" 175.22 means: 175.23 (1) for members defined in subdivision 2, clause (a), 175.24 monthly service is granted for any month for which payments have 175.25 been made to the state patrol retirement fund, and 175.26 (2) for members defined in subdivision 2, clauses (b) and 175.27 (c), service for which payments have been made to the state 175.28 patrol retirement fund, service for which payments were made to 175.29 the state police officers retirement fund after June 30, 1961, 175.30 and all prior service which was credited to a member for service 175.31 on or before June 30, 1961. 175.32 (b) Allowable service also includes any period of absence 175.33 from duty by a member who, by reason of injury incurred in the 175.34 performance of duty, is temporarily disabled and for which 175.35 disability the state is liable under the workers' compensation 175.36 law, until the date authorized by the executive director for 176.1 commencement of payment of a disability benefit or return to 176.2 employment. 176.3 (c) Allowable service also includes a period purchased 176.4 under section 356.555. 176.5 Sec. 3. Minnesota Statutes 2000, section 353.01, 176.6 subdivision 16, is amended to read: 176.7 Subd. 16. [ALLOWABLE SERVICE.] (a) "Allowable service" 176.8 means service during years of actual membership in the course of 176.9 which employee contributions were made, periods covered by 176.10 payments in lieu of salary deductions under section 353.35, and 176.11 service in years during which the public employee was not a 176.12 member but for which the member later elected, while a member, 176.13 to obtain credit by making payments to the fund as permitted by 176.14 any law then in effect. 176.15 (b) "Allowable service" also means a period of authorized 176.16 leave of absence with pay from which deductions for employee 176.17 contributions are made, deposited, and credited to the fund. 176.18 (c) "Allowable service" also means a period of authorized 176.19 leave of absence without pay that does not exceed one year, and 176.20 during or for which a member obtained credit by payments to the 176.21 fund made in place of salary deductions, provided that the 176.22 payments are made in an amount or amounts based on the member's 176.23 average salary on which deductions were paid for the last six 176.24 months of public service, or for that portion of the last six 176.25 months while the member was in public service, to apply to the 176.26 period in either case immediately preceding commencement of the 176.27 leave of absence. If the employee elects to pay employee 176.28 contributions for the period of any leave of absence without 176.29 pay, or for any portion of the leave, the employee shall also, 176.30 as a condition to the exercise of the election, pay to the fund 176.31 an amount equivalent to both the required employer and 176.32 additional employer contributions for the employee. The payment 176.33 must be made within one year from the expiration of the leave of 176.34 absence or within 20 days after termination of public service 176.35 under subdivision 11a. The employer by appropriate action of 176.36 its governing body, made a part of its official records, before 177.1 the date of the first payment of the employee contribution, may 177.2 certify to the association in writing its commitment to pay the 177.3 employer and additional employer contributions from the proceeds 177.4 of a tax levy made under section 353.28. Payments under this 177.5 paragraph must include interest at an annual rate of 8.5 percent 177.6 compounded annually from the date of the termination of the 177.7 leave of absence to the date payment is made. An employee shall 177.8 return to public service and receive a minimum of three months 177.9 of allowable service to be eligible to pay employee and employer 177.10 contributions for a subsequent authorized leave of absence 177.11 without pay. 177.12 (d) "Allowable service" also means a periodic, repetitive 177.13 leave that is offered to all employees of a governmental 177.14 subdivision. The leave program may not exceed 208 hours per 177.15 annual normal work cycle as certified to the association by the 177.16 employer. A participating member obtains service credit by 177.17 making employee contributions in an amount or amounts based on 177.18 the member's average salary that would have been paid if the 177.19 leave had not been taken. The employer shall pay the employer 177.20 and additional employer contributions on behalf of the 177.21 participating member. The employee and the employer are 177.22 responsible to pay interest on their respective shares at the 177.23 rate of 8.5 percent a year, compounded annually, from the end of 177.24 the normal cycle until full payment is made. An employer shall 177.25 also make the employer and additional employer contributions, 177.26 plus 8.5 percent interest, compounded annually, on behalf of an 177.27 employee who makes employee contributions but terminates public 177.28 service. The employee contributions must be made within one 177.29 year after the end of the annual normal working cycle or within 177.30 20 days after termination of public service, whichever is 177.31 sooner. The association shall prescribe the manner and forms to 177.32 be used by a governmental subdivision in administering a 177.33 periodic, repetitive leave. 177.34 (e) "Allowable service" also means a period during which a 177.35 member is on an authorized sick leave of absence, without pay, 177.36 limited to one year. An employee who has received one year of 178.1 allowable service shall return to public service and receive a 178.2 minimum of three months of allowable service to receive 178.3 allowable service for a subsequent authorized sick leave of 178.4 absence. 178.5 (f) "Allowable service" also means an authorized temporary 178.6 layoff under subdivision 12, limited to three months allowable 178.7 service per authorized temporary layoff in one calendar year. 178.8 An employee who has received the maximum service allowed for an 178.9 authorized temporary layoff shall return to public service and 178.10 receive a minimum of three months of allowable service to 178.11 receive allowable service for a subsequent authorized temporary 178.12 layoff. 178.13 (g) Notwithstanding any law to the contrary, "allowable 178.14 service" also means a parental leave. The association shall 178.15 grant a maximum of two months service credit for a parental 178.16 leave, within six months after the birth or adoption, upon 178.17 documentation from the member's governmental subdivision or 178.18 presentation of a birth certificate or other evidence of birth 178.19 or adoption to the association. 178.20 (h) "Allowable service" also means a period during which a 178.21 member is on an authorized leave of absence to enter military 178.22 service, provided that the member returns to public service upon 178.23 discharge from military service under section 192.262 and pays 178.24 into the fund employee contributions based upon the employee's 178.25 salary at the date of return from military service. Payment 178.26 must be made within five years of the date of discharge from the 178.27 military service. The amount of these contributions must be in 178.28 accord with the contribution rates and salary limitations, if 178.29 any, in effect during the leave, plus interest at an annual rate 178.30 of 8.5 percent compounded annually from the date of return to 178.31 public service to the date payment is made. The matching 178.32 employer contribution and additional employer contribution under 178.33 section 353.27, subdivisions 3 and 3a, must be paid by the 178.34 governmental subdivision employing the member upon return to 178.35 public service if the member makes the employee contributions. 178.36 The governmental subdivision involved may appropriate money for 179.1 those payments. A member may not receive credit for a voluntary 179.2 extension of military service at the instance of the member 179.3 beyond the initial period of enlistment, induction, or call to 179.4 active duty. 179.5 (i) For calculating benefits under sections 353.30, 353.31, 179.6 353.32, and 353.33 for state officers and employees displaced by 179.7 the Community Corrections Act, chapter 401, and transferred into 179.8 county service under section 401.04, "allowable service" means 179.9 combined years of allowable service as defined in paragraphs (a) 179.10 to (i) and section 352.01, subdivision 11. 179.11 (j) For a public employee who has prior service covered by 179.12 a local police or firefighters relief association that has 179.13 consolidated with the public employees retirement association or 179.14 to which section 353.665 applies, and who has elected the type 179.15 of benefit coverage provided by the public employees police and 179.16 fire fund either under section 353A.08 following the 179.17 consolidation or under section 353.665, subdivision 4, 179.18 "applicable service" is a period of service credited by the 179.19 local police or firefighters relief association as of the 179.20 effective date of the consolidation based on law and on bylaw 179.21 provisions governing the relief association on the date of the 179.22 initiation of the consolidation procedure. 179.23 (k) "Allowable service" also means a period purchased under 179.24 section 356.555. 179.25 Sec. 4. Minnesota Statutes 2000, section 354.534, 179.26 subdivision 1, is amended to read: 179.27 Subdivision 1. [SERVICE CREDIT PURCHASE AUTHORIZED.] (a) A 179.28 teacher who has at least three years of allowable service credit 179.29 with the teachers retirement association is entitled to purchase 179.30 up to ten years of allowable and formula service credit for 179.31 out-of-state teaching service by making payment under section 179.32 356.55, provided the out-of-state teaching service was performed 179.33 for an educational institution established and operated by 179.34 anotherstate, governmental subdivision of another state, or the179.35federal governmentgovernmental jurisdiction and the teacher is 179.36 not entitled to receive a current or deferred age and service 180.1 retirement annuity or disability benefit and has not purchased 180.2 service credit from another defined benefit public employee 180.3 pension plan for that out-of-state teaching service. 180.4 (b) For purposes of paragraph (a), "another governmental 180.5 jurisdiction" means: 180.6 (1) another state of the United States; 180.7 (2) a governmental subdivision of another state of the 180.8 United States; 180.9 (3) the federal government; 180.10 (4) a federally recognized American Indian tribe; or 180.11 (5) a country other than the United States. 180.12 Sec. 5. Minnesota Statutes 2000, section 354.536, 180.13 subdivision 1, is amended to read: 180.14 Subdivision 1. [SERVICE CREDIT PURCHASE AUTHORIZED.] A 180.15 teacher who has at least three years of allowable service credit 180.16 with the teachers retirement association is entitled to purchase 180.17 up to ten years of allowable and formula service credit for 180.18 developmental achievement center, nonprofit community-based 180.19 corporation, private, or parochial school teaching service by 180.20 making payment under section 356.55, provided that the teacher 180.21 is not entitled to receive a current or deferred age and service 180.22 retirement annuity or disability benefit from the applicable 180.23 employer-sponsored pension plan and has not purchased service 180.24 credit from the applicable defined benefit employer-sponsored 180.25 pension plan for that service. 180.26 Sec. 6. Minnesota Statutes 2000, section 354.539, is 180.27 amended to read: 180.28 354.539 [USE OF COLLEGE SUPPLEMENTAL RETIREMENT FUNDS TO 180.29 PURCHASE SERVICE CREDIT.] 180.30 (a) Unless prohibited by or subject to a penalty under 180.31 federal law, a teacher who is a participant in the college 180.32 supplemental retirement plan established under chapter 354C may 180.33 utilize the teacher's supplemental plan account to purchase 180.34 service credit under sections 354.53, 354.533, 354.534, 354.535, 180.35 354.536, 354.537,and354.538, 354.541, and 354.542 or to repay 180.36 a refund under section 354.50. 181.1 (b) At the request of a member, if determined by the 181.2 executive director to be eligible to purchase service credit, 181.3 the executive director shall notify the board of the Minnesota 181.4 state colleges and universities system of the cost of the 181.5 purchase and shall request the transfer of funds from the 181.6 member's college supplemental retirement account to the teachers 181.7 retirement association. Upon receipt of the full prior service 181.8 credit purchase payment amount, the teachers retirement 181.9 association shall grant the requested allowable and formula 181.10 service credit. 181.11 Sec. 7. [354.541] [PRIOR UNIVERSITY OF MINNESOTA TEACHING 181.12 SERVICE CREDIT PURCHASE.] 181.13 Subdivision 1. [SERVICE CREDIT PURCHASE AUTHORIZED.] A 181.14 teacher who has at least three years of allowable service credit 181.15 with the teachers retirement association is entitled to purchase 181.16 up to ten years of allowable and formula service credit for 181.17 University of Minnesota teaching service by making payment under 181.18 section 356.55, provided the teacher is not entitled to receive 181.19 a current or deferred age and service retirement annuity or 181.20 disability benefit and has not purchased service credit from 181.21 another defined benefit public employee pension plan for that 181.22 University of Minnesota teaching service. 181.23 Subd. 2. [APPLICATION AND DOCUMENTATION.] A teacher who 181.24 desires to purchase service credit under subdivision 1 must 181.25 apply with the executive director to make the purchase. The 181.26 application must include all necessary documentation of the 181.27 teacher's qualifications to make the purchase, signed written 181.28 permission to allow the executive director to request and 181.29 receive necessary verification of applicable facts and 181.30 eligibility requirements, and any other relevant information 181.31 that the executive director may require. Payment must be made 181.32 before the teacher's effective date of retirement. 181.33 Subd. 3. [SERVICE CREDIT GRANT.] Allowable and formula 181.34 service credit for the purchase period must be granted by the 181.35 teachers retirement association to the purchasing teacher on 181.36 receipt of the purchase payment amount. 182.1 Sec. 8. [354.542] [PRIOR TEACHING SERVICE CREDIT PURCHASE 182.2 BY IRAP MEMBERS WITH DEFERRED TEACHERS RETIREMENT ASSOCIATION 182.3 CREDIT.] 182.4 A person in covered employment under section 354B.20, 182.5 subdivision 4, who is a participant in the individual retirement 182.6 account plan authorized by chapter 354B and who has at least 182.7 three years of allowable service credit with the teachers 182.8 retirement association may purchase service credit as provided 182.9 in sections 354.533 to 354.538 and 354.541. 182.10 Sec. 9. Minnesota Statutes 2000, section 354A.098, 182.11 subdivision 1, is amended to read: 182.12 Subdivision 1. [SERVICE CREDIT PURCHASE AUTHORIZED.] (a) A 182.13 teacher who has at least three years of allowable service credit 182.14 with one of the retirement fund associations under this chapter 182.15 and who rendered out-of-state teaching service for an 182.16 educational institution established and operated by another 182.17state, governmental subdivision of another state, or the federal182.18governmentgovernmental entity specified in paragraph (b) is 182.19 entitled to purchase up to ten years of allowable service credit 182.20 for that out-of-state service by making payment under section 182.21 356.55, provided the teacher is not entitled to receive a 182.22 current or deferred age and service retirement annuity or 182.23 disability benefit and has not purchased service credit from 182.24 another defined benefit public employee pension plan for that 182.25 out-of-state teaching service. Payment must be made before the 182.26 teacher's effective date of retirement. 182.27 (b) An eligible governmental entity for purposes of 182.28 paragraph (a) is: 182.29 (1) another state of the United States; 182.30 (2) a governmental subdivision of another state of the 182.31 United States; 182.32 (3) the federal government; 182.33 (4) a federally recognized American Indian tribe; or 182.34 (5) a public education institution in a foreign country. 182.35 Sec. 10. Minnesota Statutes 2000, section 354A.101, 182.36 subdivision 1, is amended to read: 183.1 Subdivision 1. [SERVICE CREDIT PURCHASE AUTHORIZED.] A 183.2 teacher who has at least three years of allowable service credit 183.3 with the teachers retirement fund association is entitled to 183.4 purchase up to ten years of allowable service credit 183.5 for developmental achievement center, nonprofit community-based 183.6 corporation, private, or parochial school teaching service by 183.7 making payment under section 356.55, provided that the teacher 183.8 is not entitled to receive a current or deferred age and service 183.9 retirement annuity or disability benefit from the applicable 183.10 employer-sponsored pension plan and has not purchased service 183.11 credit from the applicable defined benefit employer-sponsored 183.12 pension plan for that service. 183.13 Sec. 11. Minnesota Statutes 2000, section 354A.106, is 183.14 amended to read: 183.15 354A.106 [USE OF COLLEGE SUPPLEMENTAL RETIREMENT FUNDS TO 183.16 PURCHASE SERVICE CREDIT.] 183.17 (a) Unless prohibited by or subject to a penalty under 183.18 federal law, a teacher who is a participant in the college 183.19 supplemental retirement plan established under chapter 354C may 183.20 utilize the teacher's supplemental plan account to purchase 183.21 service credit under sections 354A.097, 354A.098, 354A.099, 183.22 354A.101, 354A.102, 354A.103,and354A.104, 354A.107, and 183.23 354A.108, or to repay a refund under section 354A.38. 183.24 (b) At the request of a member, if determined by the 183.25 executive director of the applicable teachers retirement fund 183.26 association to be eligible to purchase service credit, the 183.27 executive director shall notify the board of the Minnesota state 183.28 colleges and universities system of the cost of the purchase and 183.29 shall request the transfer of funds from the member's college 183.30 supplemental retirement account to the applicable teachers 183.31 retirement fund association. Upon receipt of the full prior 183.32 service credit purchase payment amount, the applicable teachers 183.33 retirement fund association shall grant the requested allowable 183.34 and formula service credit. 183.35 Sec. 12. [354A.107] [PRIOR UNIVERSITY OF MINNESOTA 183.36 TEACHING SERVICE CREDIT PURCHASE.] 184.1 Subdivision 1. [SERVICE CREDIT PURCHASE AUTHORIZED.] A 184.2 teacher who has at least three years of allowable service credit 184.3 with the teachers retirement fund association is entitled to 184.4 purchase up to ten years of allowable service credit for 184.5 University of Minnesota teaching service by making payment under 184.6 section 356.55, provided the teacher is not entitled to receive 184.7 a current or deferred age and service retirement annuity or 184.8 disability benefit and has not purchased service credit from 184.9 another defined benefit public employee pension plan for that 184.10 University of Minnesota teaching service. 184.11 Subd. 2. [APPLICATION AND DOCUMENTATION.] A teacher who 184.12 desires to purchase service credit under subdivision 1 must 184.13 apply with the executive director to make the purchase. The 184.14 application must include all necessary documentation of the 184.15 teacher's qualifications to make the purchase, signed written 184.16 permission to allow the executive director to request and 184.17 receive necessary verification of applicable facts and 184.18 eligibility requirements, and any other relevant information 184.19 that the executive director may require. Payment must be made 184.20 before the teacher's effective date of retirement. 184.21 Subd. 3. [SERVICE CREDIT GRANT.] Allowable service credit 184.22 for the purchase period must be granted by the teachers 184.23 retirement association to the purchasing teacher on receipt of 184.24 the purchase payment amount. 184.25 Sec. 13. [354A.108] [PRIOR TEACHING SERVICE CREDIT 184.26 PURCHASE BY IRAP MEMBERS WITH DEFERRED TEACHERS RETIREMENT 184.27 ASSOCIATION CREDIT.] 184.28 A teacher who is a participant in the individual retirement 184.29 account plan authorized by chapter 354B and who has at least 184.30 three years of allowable service credit with a teachers 184.31 retirement fund association may purchase service credit as 184.32 provided in sections 354A.091 to 354A.099 and 354A.101 to 184.33 354A.107. 184.34 Sec. 14. Minnesota Statutes 2000, section 356.55, 184.35 subdivision 7, is amended to read: 184.36 Subd. 7. [EXPIRATION OF PURCHASE PAYMENT DETERMINATION 185.1 PROCEDURE.] (a) This section expires and is repealed on July 185.2 1,20012003. 185.3 (b) Authority for any public pension plan to accept a prior 185.4 service credit payment calculated in a timely fashion under this 185.5 section expires on October 1,20012003. 185.6 Sec. 15. [356.555] [PARENTAL OR FAMILY LEAVE SERVICE 185.7 CREDIT PURCHASE.] 185.8 Subdivision 1. [SERVICE CREDIT PURCHASE AUTHORIZATION.] (a) 185.9 Notwithstanding any provision to the contrary of the laws 185.10 governing a plan enumerated in subdivision 4, a member of the 185.11 pension plan who has at least three years of allowable service 185.12 covered by the applicable pension plan and who was granted by 185.13 the employer a parental leave of absence as defined in paragraph 185.14 (b), or who was granted by the employer a family leave of 185.15 absence as defined in paragraph (c), or who had a parental- or 185.16 family-related break in employment, as defined in paragraph (d), 185.17 for which the person did not previously receive service credit 185.18 or for which the person did not receive or purchase service 185.19 credit from another defined benefit public employee pension 185.20 plan, is entitled to purchase the actual period of the leave or 185.21 of the break in service, up to five years, of allowable service 185.22 credit in the applicable retirement plan. The purchase payment 185.23 amount is governed by section 356.55. 185.24 (b) For purposes of this section, a parental leave of 185.25 absence is a temporary period of interruption of or separation 185.26 from active employment for the purposes of handling maternity or 185.27 paternity duties that has been approved by the employing unit 185.28 and that includes the right of reinstatement to employment. 185.29 (c) For purposes of this section, a family leave of absence 185.30 is a family leave under United States Code, title 42, section 185.31 12631, as amended. 185.32 (d) For purposes of this section, a parental- or 185.33 family-related break in employment is a period following a 185.34 termination of active employment primarily for the purpose of 185.35 the birth of a child, the adoption of a child, or the provision 185.36 of care to a near relative or in-law, after which the person 186.1 returned to the prior employing unit or to an employing unit 186.2 covered by the same pension plan that provided retirement 186.3 coverage immediately prior to the termination of employment. 186.4 Subd. 2. [APPLICATION AND DOCUMENTATION.] A person who 186.5 desires to purchase service credit under subdivision 1 must 186.6 apply for the service credit purchase with the chief 186.7 administrative officer of the enumerated pension plan. The 186.8 application must include all necessary documentation of the 186.9 qualifications of the person to make the purchase, signed 186.10 written permission to allow the chief administrative officer to 186.11 request and receive necessary verification of all applicable 186.12 facts and eligibility requirements, and any other relevant 186.13 information that the chief administrative officer may require. 186.14 Subd. 3. [SERVICE CREDIT GRANT.] Allowable service credit 186.15 in the applicable enumerated pension plan for the purchase 186.16 period must be granted to the purchaser upon receipt of the 186.17 purchase payment amount calculated under section 356.55. 186.18 Payment of the purchase amount must be made before the person 186.19 retires. 186.20 Subd. 4. [COVERED PENSION PLANS.] This section applies to 186.21 the following pension plans: 186.22 (1) general state employees retirement plan governed by 186.23 chapter 352; 186.24 (2) correctional state employees retirement plan governed 186.25 by chapter 352; 186.26 (3) general public employees retirement plan governed by 186.27 chapter 353; 186.28 (4) public employees police and fire plan governed by 186.29 chapter 353; 186.30 (5) teachers retirement plan governed by chapter 354; 186.31 (6) Minneapolis teachers retirement fund association 186.32 governed by chapter 354A; 186.33 (7) Saint Paul teachers retirement fund association 186.34 governed by chapter 354A; 186.35 (8) Minneapolis employees retirement plan governed by 186.36 chapter 422A; 187.1 (9) Minneapolis police relief association governed by 187.2 chapter 423B; and 187.3 (10) Minneapolis fire department relief association 187.4 governed by sections 69.25 to 69.53 and augmented by Laws 1959, 187.5 chapters 213, 491, and 568, and other special local legislation. 187.6 Sec. 16. Minnesota Statutes 2000, section 422A.155, is 187.7 amended to read: 187.8 422A.155 [DETERMINATION OF SERVICE CREDIT.] 187.9 (a) Notwithstanding the provisions of section 422A.15, 187.10 subdivision 1, no employee of the contributing class of the 187.11 Minneapolis employees retirement fund shall be entitled to 187.12 receive a year of service credit during the employee's final 187.13 year of service unless the employee is employed and has received 187.14 compensation from the city of Minneapolis or other applicable 187.15 employing unit during each of the calendar months making up the 187.16 year for which the employee would usually be employed. Any 187.17 employee of the contributing class who is employed and receives 187.18 compensation in fewer than the usual number of calendar months 187.19 during the final year of service shall receive credit for that 187.20 portion of a year that the employee's completed months of 187.21 employment and receipt of compensation bears to the usual number 187.22 of months which the employee would usually be employed. 187.23 (b) Notwithstanding any provision of this chapter to the 187.24 contrary, service credit also means a period purchased under 187.25 section 356.555. 187.26 Sec. 17. Minnesota Statutes 2000, section 423B.01, is 187.27 amended by adding a subdivision to read: 187.28 Subd. 3a. [ALLOWABLE SERVICE CREDIT.] "Allowable service 187.29 credit" means: 187.30 (1) service rendered as an active member; 187.31 (2) service as an elected public official under section 187.32 423B.03; 187.33 (3) military service credited under section 423B.09, 187.34 subdivision 3; and 187.35 (4) a period of service purchased under section 356.555. 187.36 Sec. 18. [MINNEAPOLIS FIRE DEPARTMENT RELIEF ASSOCIATION; 188.1 PARENTAL LEAVE PURCHASE.] 188.2 Notwithstanding any provision of Minnesota Statutes, 188.3 sections 69.25 to 69.53; Laws 1959, chapters 213, 491, and 568; 188.4 or any other special local law governing the Minneapolis fire 188.5 department relief association to the contrary, service credit 188.6 for the purposes of calculating service pensions, disability 188.7 benefits, or survivor benefits includes a period purchased under 188.8 Minnesota Statutes, section 356.555. 188.9 Sec. 19. [EXPIRATION DATE.] 188.10 (a) The amendments in sections 1, 2, 3, 14, 15, 16, 17, and 188.11 18 expire May 16, 2003. 188.12 (b) Sections 8 and 13 expire May 16, 2002. 188.13 Sec. 20. [EFFECTIVE DATE.] 188.14 (a) Sections 5 and 9 are effective the day following final 188.15 enactment. 188.16 (b) Sections 1 to 4, 6 to 8, and 10 to 19 are effective 188.17 July 1, 2001. 188.18 ARTICLE 8 188.19 STATE PATROL RETIREMENT PLAN MEMBERSHIP EXPANSION 188.20 Section 1. Minnesota Statutes 2000, section 352.01, 188.21 subdivision 2b, is amended to read: 188.22 Subd. 2b. [EXCLUDED EMPLOYEES.] "State employee" does not 188.23 include: 188.24 (1) elective state officers; 188.25 (2) students employed by the University of Minnesota, the 188.26 state universities, and community colleges unless approved for 188.27 coverage by the board of regents or the board of trustees of the 188.28 Minnesota state colleges and universities, as the case may be; 188.29 (3) employees who are eligible for membership in the state 188.30 teachers retirement association except employees of the 188.31 department of children, families, and learning who have chosen 188.32 or may choose to be covered by the Minnesota state retirement 188.33 system instead of the teachers retirement association; 188.34 (4) employees of the University of Minnesota who are 188.35 excluded from coverage by action of the board of regents; 188.36 (5) officers and enlisted personnel in the national guard 189.1 and the naval militia who are assigned to permanent peacetime 189.2 duty and who under federal law are or are required to be members 189.3 of a federal retirement system; 189.4 (6) election officers; 189.5 (7) persons engaged in public work for the state but 189.6 employed by contractors when the performance of the contract is 189.7 authorized by the legislature or other competent authority; 189.8 (8) officers and employees of the senate and house of 189.9 representatives or a legislative committee or commission who are 189.10 temporarily employed; 189.11 (9) receivers, jurors, notaries public, and court employees 189.12 who are not in the judicial branch as defined in section 43A.02, 189.13 subdivision 25, except referees and adjusters employed by the 189.14 department of labor and industry; 189.15 (10) patient and inmate help in state charitable, penal, 189.16 and correctional institutions including the Minnesota veterans 189.17 home; 189.18 (11) persons employed for professional services where the 189.19 service is incidental to regular professional duties and whose 189.20 compensation is paid on a per diem basis; 189.21 (12) employees of the Sibley House Association; 189.22 (13) the members of any state board or commission who serve 189.23 the state intermittently and are paid on a per diem basis; the 189.24 secretary, secretary-treasurer, and treasurer of those boards if 189.25 their compensation is $5,000 or less per year, or, if they are 189.26 legally prohibited from serving more than three years; and the 189.27 board of managers of the state agricultural society and its 189.28 treasurer unless the treasurer is also its full-time secretary; 189.29 (14) state troopers; 189.30 (15) temporary employees of the Minnesota state fair 189.31 employed on or after July 1 for a period not to extend beyond 189.32 October 15 of that year; and persons employed at any time by the 189.33 state fair administration for special events held on the 189.34 fairgrounds; 189.35 (16) emergency employees in the classified service; except 189.36 that if an emergency employee, within the same pay period, 190.1 becomes a provisional or probationary employee on other than a 190.2 temporary basis, the employee shall be considered a "state 190.3 employee" retroactively to the beginning of the pay period; 190.4 (17) persons described in section 352B.01, subdivision 2, 190.5 clauses (2) to(5)(6); 190.6 (18) temporary employees in the classified service, and 190.7 temporary employees in the unclassified service appointed for a 190.8 definite period of not more than six months and employed less 190.9 than six months in any one-year period; 190.10 (19) trainee employees, except those listed in subdivision 190.11 2a, clause (10); 190.12 (20) persons whose compensation is paid on a fee basis; 190.13 (21) state employees who in any year have credit for 12 190.14 months service as teachers in the public schools of the state 190.15 and as teachers are members of the teachers retirement 190.16 association or a retirement system in St. Paul, Minneapolis, or 190.17 Duluth; 190.18 (22) employees of the adjutant general employed on an 190.19 unlimited intermittent or temporary basis in the classified and 190.20 unclassified service for the support of army and air national 190.21 guard training facilities; 190.22 (23) chaplains and nuns who are excluded from coverage 190.23 under the federal Old Age, Survivors, Disability, and Health 190.24 Insurance Program for the performance of service as specified in 190.25 United States Code, title 42, section 410(a)(8)(A), as amended, 190.26 if no irrevocable election of coverage has been made under 190.27 section 3121(r) of the Internal Revenue Code of 1986, as amended 190.28 through December 31, 1992; 190.29 (24) examination monitors employed by departments, 190.30 agencies, commissions, and boards to conduct examinations 190.31 required by law; 190.32 (25) persons appointed to serve as members of fact-finding 190.33 commissions or adjustment panels, arbitrators, or labor referees 190.34 under chapter 179; 190.35 (26) temporary employees employed for limited periods under 190.36 any state or federal program for training or rehabilitation 191.1 including persons employed for limited periods from areas of 191.2 economic distress except skilled and supervisory personnel and 191.3 persons having civil service status covered by the system; 191.4 (27) full-time students employed by the Minnesota 191.5 historical society intermittently during part of the year and 191.6 full-time during the summer months; 191.7 (28) temporary employees, appointed for not more than six 191.8 months, of the metropolitan council and of any of its statutory 191.9 boards, if the board members are appointed by the metropolitan 191.10 council; 191.11 (29) persons employed in positions designated by the 191.12 department of employee relations as student workers; 191.13 (30) members of trades employed by the successor to the 191.14 metropolitan waste control commission with trade union pension 191.15 plan coverage under a collective bargaining agreement first 191.16 employed after June 1, 1977; 191.17 (31) persons employed in subsidized on-the-job training, 191.18 work experience, or public service employment as enrollees under 191.19 the federal Comprehensive Employment and Training Act after 191.20 March 30, 1978, unless the person has as of the later of March 191.21 30, 1978, or the date of employment sufficient service credit in 191.22 the retirement system to meet the minimum vesting requirements 191.23 for a deferred annuity, or the employer agrees in writing on 191.24 forms prescribed by the director to make the required employer 191.25 contributions, including any employer additional contributions, 191.26 on account of that person from revenue sources other than funds 191.27 provided under the federal Comprehensive Employment and Training 191.28 Act, or the person agrees in writing on forms prescribed by the 191.29 director to make the required employer contribution in addition 191.30 to the required employee contribution; 191.31 (32) off-duty peace officers while employed by the 191.32 metropolitan council; 191.33 (33) persons who are employed as full-time police officers 191.34 by the metropolitan council and as police officers are members 191.35 of the public employees police and fire fund; 191.36 (34) persons who are employed as full-time firefighters by 192.1 the department of military affairs and as firefighters are 192.2 members of the public employees police and fire fund; 192.3 (35) foreign citizens with a work permit of less than three 192.4 years, or an H-1b/JV visa valid for less than three years of 192.5 employment, unless notice of extension is supplied which allows 192.6 them to work for three or more years as of the date the 192.7 extension is granted, in which case they are eligible for 192.8 coverage from the date extended; and 192.9 (36) persons who are employed by the board of trustees of 192.10 the Minnesota state colleges and universities and who elect to 192.11 remain members of the public employees retirement association or 192.12 the Minneapolis employees retirement fund, whichever applies, 192.13 under section 136C.75. 192.14 Sec. 2. Minnesota Statutes 2000, section 352B.01, 192.15 subdivision 2, is amended to read: 192.16 Subd. 2. [MEMBER.] "Member" means: 192.17(a) persons referred to and(1) a state patrol member 192.18 currently employed after June 30, 1943, underLaws 1929, chapter192.19355, as amended or supplemented, currently employedsection 192.20 299D.03 by the state, who is a peace officer under section 192.21 626.84, and whosesalariessalary or compensation is paid out of 192.22 state funds; 192.23(b)(2) a conservation officer employed under section 192.24 97A.201, currently employed by the state, whose salary or 192.25 compensation is paid out of state funds; 192.26(c)(3) a crime bureau officer who was employed by the 192.27 crime bureau and was a member of the highway patrolmen's 192.28 retirement fund on July 1, 1978, whether or not that person has 192.29 the power of arrest by warrant after that date, or who is 192.30 employed as police personnel, with powers of arrest by warrant 192.31 under section 299C.04, and who is currently employed by the 192.32 state, and whose salary or compensation is paid out of state 192.33 funds; 192.34(d)(4) a person who is employed by the state in the 192.35 department of public safety in a data processing management 192.36 position with salary or compensation paid from state funds, who 193.1 was a crime bureau officer covered by the state patrol 193.2 retirement plan on August 15, 1987, and who was initially hired 193.3 in the data processing management position within the department 193.4 during September 1987, or January 1988, with membership 193.5 continuing for the duration of the person's employment in that 193.6 position, whether or not the person has the power of arrest by 193.7 warrant after August 15, 1987;and193.8(e)(5) a public safetyemployeesemployee defined as a 193.9 peaceofficersofficer in section 626.84, subdivision 1, 193.10 paragraph (c), and employed with the division of alcohol and 193.11 gambling enforcement under section 299L.01; and 193.12 (6) a fugitive apprehension unit officer after October 31, 193.13 2000, employed by the office of special investigations of the 193.14 department of corrections who is a peace officer under section 193.15 626.84. 193.16 Sec. 3. [DISPOSITION OF CERTAIN CONTRIBUTIONS.] 193.17 (a) The employee contributions for the period November 1, 193.18 2000, to the effective date of this section for a person 193.19 described in Minnesota Statutes, section 352B.01, subdivision 2, 193.20 clause (6), must be transferred, with 8.5 percent per annum 193.21 interest for the period from the date of the contribution to the 193.22 date of transfer, from the general state employees retirement 193.23 plan of the Minnesota state retirement system to the state 193.24 patrol retirement fund. 193.25 (b) The employer contributions associated with the employee 193.26 contributions governed by paragraph (a) also must be transferred 193.27 for the period from the date of the contribution to the date of 193.28 transfer, with 8.5 percent per annum interest, from the general 193.29 state employees retirement plan of the Minnesota state 193.30 retirement system to the state patrol retirement fund. 193.31 (c) A person described in Minnesota Statutes, section 193.32 352B.01, subdivision 2, clause (6), must pay, by additional 193.33 payroll deduction, to the state patrol retirement fund an amount 193.34 equal to the difference between the transferred employee 193.35 contributions and interest and the full member contribution 193.36 under Minnesota Statutes, section 352B.02, subdivision 1a, plus 194.1 8.5 percent per annum interest on the balance from March 1, 194.2 2001, to the date the additional payment is complete. The 194.3 additional payment must be completed by December 31, 2001, or by 194.4 the date of retirement, whichever is earlier. 194.5 (d) The department of corrections, for each person 194.6 described in Minnesota Statutes, section 352B.01, subdivision 2, 194.7 clause (6), must pay, in a lump sum on July 1, 2001, to the 194.8 state patrol retirement fund an amount equal to the difference 194.9 between the transferred employer contributions and interest and 194.10 the full employer contribution under Minnesota Statutes, section 194.11 352B.02, subdivision 1c, plus 8.5 percent per annum interest on 194.12 the amount from March 1, 2001, to July 1, 2001. 194.13 Sec. 4. [EFFECTIVE DATE.] 194.14 Sections 1 and 2 are effective retroactively to November 1, 194.15 2000. Section 3 is effective on the day following final 194.16 enactment. 194.17 ARTICLE 9 194.18 PRIVATIZED PUBLIC EMPLOYEE DISABILITY COVERAGE 194.19 Section 1. [352F.051] [CONTINUATION OF DISABILITY 194.20 COVERAGE.] 194.21 Subdivision 1. [ELIGIBILITY.] A terminated hospital 194.22 employee who is totally and permanently disabled under section 194.23 352.01, subdivision 17, and who had a medically documented 194.24 preexisting condition of the disability before January 1, 1997, 194.25 may apply under Minnesota Statutes 1996, section 352.113, 194.26 subdivision 1, for a disability benefit. 194.27 Subd. 2. [CALCULATION OF BENEFITS.] A person qualifying 194.28 under subdivision 1 is entitled to receive a disability benefit 194.29 calculated under Minnesota Statutes 1996, section 352.113, 194.30 subdivision 3. The disability benefit must be augmented under 194.31 section 352.72, subdivision 2, from January 1, 1997, to the date 194.32 on which the disability benefit begins to accrue. 194.33 Subd. 3. [APPLICABILITY OF GENERAL LAW.] Except as 194.34 otherwise provided, section 352.113 applies to a person who 194.35 qualifies for disability under subdivision 1. 194.36 Sec. 2. [353F.051] [CONTINUATION OF DISABILITY COVERAGE.] 195.1 Subdivision 1. [ELIGIBILITY.] A terminated medical 195.2 facility or other public employing unit employee who is totally 195.3 and permanently disabled under Minnesota Statutes 1998, section 195.4 353.01, subdivision 19, and who had a medically documented 195.5 preexisting condition of the disability before the termination 195.6 of coverage, may apply for a disability benefit. 195.7 Subd. 2. [CALCULATION OF BENEFITS.] A person qualifying 195.8 under subdivision 1 is entitled to receive a disability benefit 195.9 calculated under Minnesota Statutes 1998, section 353.33, 195.10 subdivision 3. The disability benefit must be augmented under 195.11 Minnesota Statutes 1998, section 353.71, subdivision 2, from the 195.12 date of termination to the date the disability benefit begins to 195.13 accrue. 195.14 Subd. 3. [APPLICABILITY OF GENERAL LAW.] Except as 195.15 otherwise provided, Minnesota Statutes 1998, section 353.33, 195.16 applies to a person who qualifies for disability under 195.17 subdivision 1. 195.18 Sec. 3. [EFFECTIVE DATE.] 195.19 (a) Sections 1 and 2 are effective the day following final 195.20 enactment. 195.21 (b) A disability benefit under section 1 is payable 195.22 retroactively to March 1, 2000, or to the first of the month 195.23 next following the date on which the eligible person attempted 195.24 to apply for a disability benefit from the general state 195.25 employees retirement plan of the Minnesota state retirement 195.26 system, whichever is later. 195.27 ARTICLE 10 195.28 PERA-GENERAL MEMBERSHIP INCLUSIONS 195.29 Section 1. Minnesota Statutes 2000, section 353.01, 195.30 subdivision 2a, is amended to read: 195.31 Subd. 2a. [INCLUDED EMPLOYEES.] Public employees whose 195.32 salary from one governmental subdivision exceeds $425 in any 195.33 month shall participate as members of the association. If the 195.34 salary of an employee is less than $425 in a subsequent month, 195.35 the employee retains membership eligibility. The following 195.36 persons are considered public employees: 196.1 (1) employees whose annual salary from one governmental 196.2 subdivision exceeds a stipulation prepared in advance, in 196.3 writing, to be not more than $5,100 per calendar year or per 196.4 school year for school employees for employment expected to be 196.5 of a full year's duration or more than the prorated portion of 196.6 $5,100 per employment period expected to be of less than a full 196.7 year's duration. If compensation from one governmental 196.8 subdivision to an employee under this clause exceeds $5,100 per 196.9 calendar year or school year after being stipulated in advance 196.10 not to exceed that amount, the stipulation is no longer valid 196.11 and contributions must be made on behalf of the employee under 196.12 section 353.27, subdivision 12, from the month in which the 196.13 employee's salary first exceeded $425; 196.14 (2) employees whose total salary from concurrent 196.15 nontemporary positions in one governmental subdivision exceeds 196.16 $425 in any month; 196.17 (3) elected officers for service to which they were elected 196.18 by the public-at-large, or persons appointed to fill a vacancy 196.19 in an elective office, who elect to participate by filing an 196.20 application for membership, but not for service on a joint or 196.21 regional board that is a governmental subdivision under 196.22 subdivision 6, paragraph (a), unless the salary earned for that 196.23 service exceeds $425 in any month. The option to become a 196.24 member, once exercised, may not be withdrawn during the 196.25 incumbency of the person in office; 196.26 (4) members who are appointed by the governor to be a state 196.27 department head and elect not to be covered by the Minnesota 196.28 state retirement system under section 352.021; 196.29 (5) employees of elected officers; 196.30 (6) persons who elect to remain members under section 196.31 480.181, subdivision 2; 196.32 (7) employees of a school district who receive separate 196.33 salaries for driving their own buses; 196.34 (8) employees of the Minnesota association of townships 196.35 when the board of the association, at its option, certifies to 196.36 the executive director that its employees are to be included for 197.1 purposes of retirement coverage, in which case coverage of all 197.2 employees of the association is permanent; 197.3 (9) employees of a county historical society who are county 197.4 employees; 197.5 (10) employees of a county historical society located in 197.6 the county whom the county, at its option, certifies to the 197.7 executive director to be county employees for purposes of 197.8 retirement coverage under this chapter, which status must be 197.9 accorded to all similarly situated county historical society 197.10 employees and, once established, must continue as long as a 197.11 person is an employee of the county historical society and is 197.12 not excluded under subdivision 2b;and197.13 (11) employees who became members before July 1, 1988, 197.14 based on the total salary of positions held in more than one 197.15 governmental subdivision; and 197.16 (12) full-time employees of the Dakota county agricultural 197.17 society. 197.18 Sec. 2. Minnesota Statutes 2000, section 353.01, 197.19 subdivision 2b, is amended to read: 197.20 Subd. 2b. [EXCLUDED EMPLOYEES.] The following public 197.21 employees shall not participate as members of the association 197.22 with retirement coverage by the public employees retirement plan 197.23 or the public employees police and fire retirement plan: 197.24 (1) elected public officers, or persons appointed to fill a 197.25 vacancy in an elective office, who do not elect to participate 197.26 in the association by filing an application for membership; 197.27 (2) election officers; 197.28 (3) patient and inmate personnel who perform services in 197.29 charitable, penal, or correctional institutions of a 197.30 governmental subdivision; 197.31 (4) employees who are hired for a temporary position under 197.32 subdivision 12a, and employees who resign from a nontemporary 197.33 position and accept a temporary position within 30 days in the 197.34 same governmental subdivision, but not those employees who are 197.35 hired for an unlimited period but are serving a probationary 197.36 period. If the period of employment extends beyond six 198.1 consecutive months and the employee earns more than $425 from 198.2 one governmental subdivision in any one calendar month, the 198.3 department head shall report the employee for membership and 198.4 require employee deductions be made on behalf of the employee 198.5 under section 353.27, subdivision 4. 198.6 Membership eligibility of an employee who resigns or is 198.7 dismissed from a temporary position and within 30 days accepts 198.8 another temporary position in the same governmental subdivision 198.9 is determined on the total length of employment rather than on 198.10 each separate position. Membership eligibility of an employee 198.11 who holds concurrent temporary and nontemporary positions in one 198.12 governmental subdivision is determined by the length of 198.13 employment and salary of each separate position; 198.14 (5) employees whose actual salary from one governmental 198.15 subdivision does not exceed $425 per month, or whose annual 198.16 salary from one governmental subdivision does not exceed a 198.17 stipulation prepared in advance, in writing, that the salary 198.18 must not exceed $5,100 per calendar year or per school year for 198.19 school employees for employment expected to be of a full year's 198.20 duration or more than the prorated portion of $5,100 per 198.21 employment period for employment expected to be of less than a 198.22 full year's duration; 198.23 (6) employees who are employed by reason of work emergency 198.24 caused by fire, flood, storm, or similar disaster; 198.25 (7) employees who by virtue of their employment in one 198.26 governmental subdivision are required by law to be a member of 198.27 and to contribute to any of the plans or funds administered by 198.28 the Minnesota state retirement system, the teachers retirement 198.29 association, the Duluth teachers retirement fund association, 198.30 the Minneapolis teachers retirement association, the St. Paul 198.31 teachers retirement fund association, the Minneapolis employees 198.32 retirement fund, or any police or firefighters relief 198.33 association governed by section 69.77 that has not consolidated 198.34 with the public employees retirement association, or any local 198.35 police or firefighters consolidation account but who have not 198.36 elected the type of benefit coverage provided by the public 199.1 employees police and fire fund under sections 353A.01 to 199.2 353A.10, or any persons covered by section 353.665, subdivision 199.3 4, 5, or 6, who have not elected public employees police and 199.4 fire plan benefit coverage. This clause must not be construed 199.5 to prevent a person from being a member of and contributing to 199.6 the public employees retirement association and also belonging 199.7 to and contributing to another public pension fund for other 199.8 service occurring during the same period of time. A person who 199.9 meets the definition of "public employee" in subdivision 2 by 199.10 virtue of other service occurring during the same period of time 199.11 becomes a member of the association unless contributions are 199.12 made to another public retirement fund on the salary based on 199.13 the other service or to the teachers retirement association by a 199.14 teacher as defined in section 354.05, subdivision 2; 199.15 (8) persons who are excluded from coverage under the 199.16 federal Old Age, Survivors, Disability, and Health Insurance 199.17 Program for the performance of service as specified in United 199.18 States Code, title 42, section 410(a)(8)(A), as amended through 199.19 January 1, 1987, if no irrevocable election of coverage has been 199.20 made under section 3121(r) of the Internal Revenue Code of 1954, 199.21 as amended; 199.22 (9) full-time students who are enrolled and are regularly 199.23 attending classes at an accredited school, college, or 199.24 university and who are part-time employees as defined by a 199.25 governmental subdivision; 199.26 (10) resident physicians, medical interns, and pharmacist 199.27 residents and pharmacist interns who are serving in a degree or 199.28 residency program in public hospitals; 199.29 (11) students who are serving in an internship or residency 199.30 program sponsored by an accredited educational institution; 199.31 (12) persons who hold a part-time adult supplementary 199.32 technical college license who render part-time teaching service 199.33 in a technical college; 199.34 (13) foreign citizens working for a governmental 199.35 subdivision with a work permit of less than three years, or an 199.36 H-1b visa valid for less than three years of employment. Upon 200.1 notice to the association that the work permit or visa extends 200.2 beyond the three-year period, the foreign citizens are eligible 200.3 for membership from the date of the extension; 200.4 (14) public hospital employees who elected not to 200.5 participate as members of the association before 1972 and who 200.6 did not elect to participate from July 1, 1988, to October 1, 200.7 1988; 200.8 (15) except as provided in section 353.86, volunteer 200.9 ambulance service personnel, as defined in subdivision 35, but 200.10 persons who serve as volunteer ambulance service personnel may 200.11 still qualify as public employees under subdivision 2 and may be 200.12 members of the public employees retirement association and 200.13 participants in the public employees retirement fund or the 200.14 public employees police and fire fund on the basis of 200.15 compensation received from public employment service other than 200.16 service as volunteer ambulance service personnel; 200.17 (16) except as provided in section 353.87, volunteer 200.18 firefighters, as defined in subdivision 36, engaging in 200.19 activities undertaken as part of volunteer firefighter duties; 200.20 provided that a person who is a volunteer firefighter may still 200.21 qualify as a public employee under subdivision 2 and may be a 200.22 member of the public employees retirement association and a 200.23 participant in the public employees retirement fund or the 200.24 public employees police and fire fund on the basis of 200.25 compensation received from public employment activities other 200.26 than those as a volunteer firefighter; 200.27 (17) pipefitters and associated trades personnel employed 200.28 by independent school district No. 625, St. Paul, with 200.29 coverage under a collective bargaining agreement by the 200.30 pipefitters local 455 pension planunder a collective bargaining200.31agreementwho were either first employed after May 1, 1997, or, 200.32 if first employed before May 2, 1997, elected to be excluded 200.33 under Laws 1997, chapter 241, article 2, section 12;and200.34 (18) electrical workers, plumbers, carpenters, and 200.35 associated trades personnel employed by independent school 200.36 district No. 625, St. Paul, or the city of St. Paul, with 201.1 coverage under a collective bargaining agreement by the 201.2 electrical workers local 110 pension plan, the united 201.3 association plumbers local 34 pension plan, or the carpenters 201.4 local 87 pension planunder a collective bargaining agreement201.5 who were either first employed after May 1, 2000, or, if first 201.6 employed before May 2, 2000, elected to be excluded under Laws 201.7 2000, chapter 461, article 7, section 5.; 201.8 (19) bricklayers, allied craftworkers, cement masons, 201.9 glaziers, glassworkers, painters, allied tradesworkers, and 201.10 plasterers employed by the city of St. Paul or independent 201.11 school district No. 625, St. Paul, with coverage under a 201.12 collective bargaining agreement by the bricklayers and allied 201.13 craftworkers local 1 pension plan, the cement masons local 633 201.14 pension plan, the glaziers and glassworkers local L-1324 pension 201.15 plan, the painters and allied trades local 61 pension plan, or 201.16 the Twin Cities plasterers local 265 pension plan who were 201.17 either first employed after May 1, 2001, or if first employed 201.18 before May 2, 2001, elected to be excluded under section 6; and 201.19 (20) plumbers employed by the metropolitan airports 201.20 commission with coverage under a collective bargaining agreement 201.21 by the plumbers local 34 pension plan who were either first 201.22 employed after May 1, 2001, or if first employed before May 2, 201.23 2001, elected to be excluded under section 6. 201.24 Sec. 3. Minnesota Statutes 2000, section 353.01, 201.25 subdivision 6, is amended to read: 201.26 Subd. 6. [GOVERNMENTAL SUBDIVISION.] (a) "Governmental 201.27 subdivision" means a county, city, town, school district within 201.28 this state, or a department or unit of state government, or any 201.29 public body whose revenues are derived from taxation, fees, 201.30 assessments or from other sources. 201.31 (b) Governmental subdivision also means the public 201.32 employees retirement association, the league of Minnesota 201.33 cities, the association of metropolitan municipalities, public 201.34 hospitals owned or operated by, or an integral part of, a 201.35 governmental subdivision or governmental subdivisions, the 201.36 association of Minnesota counties, the metropolitan intercounty 202.1 association, the Minnesota municipal utilities association, the 202.2 metropolitan airports commission, the Minneapolis employees 202.3 retirement fund for employment initially commenced after June 202.4 30, 1979, the range association of municipalities and schools, 202.5 soil and water conservation districts,andeconomic development 202.6 authorities created or operating under sections 469.090 to 202.7 469.108, the Spring Lake Park fire department, incorporated, and 202.8 the Dakota county agricultural society. 202.9 (c) Governmental subdivision does not mean any municipal 202.10 housing and redevelopment authority organized under the 202.11 provisions of sections 469.001 to 469.047; or any port authority 202.12 organized under sections 469.048 to 469.089; or any hospital 202.13 district organized or reorganized prior to July 1, 1975, under 202.14 sections 447.31 to 447.37 or the successor of the district, nor 202.15 the Minneapolis community development agency. 202.16 Sec. 4. [383D.48] [METROPOLITAN INTER-COUNTY ASSOCIATION.] 202.17 Notwithstanding any other law to the contrary, Dakota 202.18 county may provide financial and accounting services, including 202.19 payroll management and records, to the Metropolitan Inter-county 202.20 Association. Notwithstanding this section, Metropolitan 202.21 Inter-county Association employees are not county employees for 202.22 any purpose. 202.23 Sec. 5. [383D.49] [AGRICULTURAL SOCIETY.] 202.24 Notwithstanding any other law to the contrary, Dakota 202.25 county may provide financial and accounting services, including 202.26 payroll management and records, to the Dakota county 202.27 agricultural society and may determine that employees of the 202.28 society are county employees for the purposes of section 471.61. 202.29 Dakota county agricultural society employees are not county 202.30 employees for any other purpose. 202.31 Sec. 6. [PUBLIC PENSION COVERAGE EXCLUSION FOR CERTAIN 202.32 TRADES PERSONNEL.] 202.33 Subdivision 1. [EXCLUSION ELECTION.] (a) A bricklayer, 202.34 allied craftworker, cement mason, glazier, glassworker, painter, 202.35 allied tradesworker, or plasterer who is employed by the city of 202.36 St. Paul or independent school district No. 625, St. Paul, on 203.1 the effective date of this section and who has pension coverage 203.2 under a collective bargaining agreement by the bricklayers and 203.3 allied craftworkers local 1 pension plan, the cement masons 203.4 local 633 pension plan, the glaziers and glassworkers local 203.5 L-1324 pension plan, the painters and allied trades local 61 203.6 pension plan, or the Twin Cities plasterers local 265 pension 203.7 plan may elect to be excluded from pension coverage by the 203.8 public employees retirement association. 203.9 (b) A plumber who is employed by the metropolitan airports 203.10 commission on the effective date of this section and who has 203.11 pension coverage under a collective bargaining agreement by the 203.12 plumbers local 34 pension plan may elect to be excluded from 203.13 pension coverage by the public employees retirement association. 203.14 (c) The exclusion election under this section must be made 203.15 in writing on a form prescribed by the executive director of the 203.16 public employees retirement association and must be filed with 203.17 the executive director. The exclusion election is irrevocable. 203.18 Authority to make the coverage exclusion expires on January 1, 203.19 2002. 203.20 Subd. 2. [ELIGIBILITY FOR MEMBER CONTRIBUTION REFUND.] A 203.21 person who has less than three years of allowable service in the 203.22 public employees retirement association and who elects the 203.23 pension coverage exclusion under subdivision 1 is entitled to 203.24 immediately apply for a refund under Minnesota Statutes, section 203.25 353.34, subdivisions 1 and 2, following the effective date of 203.26 the exclusion election. 203.27 Subd. 3. [DEFERRED ANNUITY ELIGIBILITY.] In lieu of the 203.28 refund under subdivision 2, a person who elects the pension 203.29 coverage exclusion under subdivision 1 is entitled to a deferred 203.30 retirement annuity under Minnesota Statutes, sections 353.34, 203.31 subdivision 3; and 353.71, subdivision 2, based on any length of 203.32 allowable service credit under Minnesota Statutes, section 203.33 353.01, subdivision 16, to the credit of the person as of the 203.34 date of the coverage exclusion election. 203.35 Sec. 7. [DAKOTA COUNTY AGRICULTURAL SOCIETY EMPLOYEE 203.36 PENSION CERTIFICATION.] 204.1 Notwithstanding section 5, the Dakota county board of 204.2 commissioners may certify to the executive director of the 204.3 public employees retirement association that full-time employees 204.4 of the Dakota county agricultural society are county employees 204.5 for purposes of retirement coverage under Minnesota Statutes, 204.6 chapter 353, which status must be accorded to all similarly 204.7 situated Dakota county agricultural society employees. 204.8 Sec. 8. [EFFECTIVE DATE; LOCAL APPROVAL.] 204.9 (a) Sections 1, 3, 4, and 5 are effective the day after the 204.10 governing body of Dakota county and its chief clerical officer 204.11 timely complete their compliance with Minnesota Statutes, 204.12 section 645.021, subdivisions 2 and 3. 204.13 (b) Section 7 is effective the day after the governing 204.14 board of Dakota county and its chief clerical officer timely 204.15 complete their compliance with Minnesota Statutes, section 204.16 645.021, subdivisions 2 and 3, and certification to the 204.17 executive director of the public employees retirement 204.18 association. 204.19 (c) Sections 2 and 6 are effective for bricklayers, allied 204.20 craftworkers, cement masons, glaziers, glassworkers, painters, 204.21 allied tradesworkers, and plasterers employed by the city of St. 204.22 Paul or independent school district No. 625, St. Paul, as 204.23 applicable, on the day following approval by majority vote of 204.24 the St. Paul city council or governing board of independent 204.25 school district No. 625, St. Paul, as applicable, and compliance 204.26 with Minnesota Statutes, section 645.021. 204.27 (d) Sections 2 and 6 are effective for plumbers employed by 204.28 the metropolitan airports commission on the day following 204.29 approval by majority vote of the metropolitan airports 204.30 commission and compliance with Minnesota Statutes, section 204.31 645.021. 204.32 ARTICLE 11 204.33 REMEDIAL MEASURES FOR THE PERA-GENERAL FUNDING DEFICIENCY 204.34 Section 1. Minnesota Statutes 2000, section 353.01, 204.35 subdivision 1, is amended to read: 204.36 Subdivision 1. [TERMS.] Unless the language or context 205.1 clearly indicates that a different meaning is intended, each of 205.2 the following terms, for the purposes of this chapter,shall205.3behave the meaning giventhe meanings subjoined to themit. 205.4 Sec. 2. Minnesota Statutes 2000, section 353.01, 205.5 subdivision 2, is amended to read: 205.6 Subd. 2. [PUBLIC EMPLOYEE.] "Public employee" meansana 205.7 governmental employee performing personal services for a 205.8 governmental subdivisionunderdefined in subdivision 6, whose 205.9 salary is paid, in whole or in part, from revenue derived from 205.10 taxation, fees, assessments, or from other sources. The 205.11 termalsoincludesspecialthe classes of persons described or 205.12 listed in subdivision 2a, but. The term also includes persons 205.13 who elect association membership under subdivision 2d, paragraph 205.14 (a), and persons for whom the applicable governmental 205.15 subdivision had elected association membership under subdivision 205.16 2d, paragraph (b). The term excludesspecialthe classes of 205.17 persons listed in subdivision 2b for purposes of membership in 205.18 the association.Public employee does not include independent205.19contractors and their employees. A reemployed annuitant under205.20section 353.37 must not be considered to be a public employee205.21for purposes of that reemployment.205.22 Sec. 3. Minnesota Statutes 2000, section 353.01, 205.23 subdivision 2a, is amended to read: 205.24 Subd. 2a. [INCLUDED EMPLOYEES.] (a) Public employeeswhose205.25salary from one governmental subdivision exceeds $425 in any205.26month shall participate as members of the association. If the205.27salary of an employee is less than $425 in a subsequent month,205.28the employee retains membership eligibility. The following205.29persons are considered public employees:205.30(1) employees whose annual salary from one governmental205.31subdivision exceeds a stipulation prepared in advance, in205.32writing, to be not more than $5,100 per calendar year or per205.33school year for school employees for employment expected to be205.34of a full year's duration or more than the prorated portion of205.35$5,100 per employment period expected to be of less than a full205.36year's duration. If compensation from one governmental206.1subdivision to an employee under this clause exceeds $5,100 per206.2calendar year or school year after being stipulated in advance206.3not to exceed that amount, the stipulation is no longer valid206.4and contributions must be made on behalf of the employee under206.5section 353.27, subdivision 12, from the month in which the206.6employee's salary first exceeded $425;206.7(2) employees whose total salary from concurrent206.8nontemporary positions in one governmental subdivision exceeds206.9$425 in any month;206.10(3) elected officers for service to which they were elected206.11by the public-at-large, or persons appointed to fill a vacancy206.12in an elective office, who elect to participate by filing an206.13application for membership, but not for service on a joint or206.14regional board that is a governmental subdivision under206.15subdivision 6, paragraph (a), unless the salary earned for that206.16service exceeds $425 in any month. The option to become a206.17member, once exercised, may not be withdrawn during the206.18incumbency of the person in office;206.19(4) members who are appointed by the governor to be a state206.20department head and elect not to be covered by the Minnesota206.21state retirement system under section 352.021;206.22(5) employees of elected officers;206.23(6) persons who elect to remain members under section206.24480.181, subdivision 2;206.25(7) employees of a school district who receive separate206.26salaries for driving their own buses;206.27(8) employees of the Minnesota association of townships206.28when the board of the association, at its option, certifies to206.29the executive director that its employees are to be included for206.30purposes of retirement coverage, in which case coverage of all206.31employees of the association is permanent;206.32(9) employees of a county historical society who are county206.33employees;206.34(10) employees of a county historical society located in206.35the county whom the county, at its option, certifies to the206.36executive director to be county employees for purposes of207.1retirement coverage under this chapter, which status must be207.2accorded to all similarly situated county historical society207.3employees and, once established, must continue as long as a207.4person is an employee of the county historical society and is207.5not excluded under subdivision 2b; and207.6(11) employees who became members before July 1, 1988,207.7based on the total salary of positions held in more than one207.8governmental subdivision.shall participate as members of the 207.9 association with retirement coverage by the public employees 207.10 retirement plan or the public employees police and fire 207.11 retirement plan under this chapter, or the local government 207.12 correctional employees retirement plan under chapter 353E, 207.13 whichever applies, as a condition of their employment on the 207.14 first day of employment unless they: 207.15 (1) are specifically excluded under subdivision 2b; 207.16 (2) do not exercise their option to elect retirement 207.17 coverage in the association as provided in subdivision 2d, 207.18 paragraph (a); or 207.19 (3) are employees of the governmental subdivisions listed 207.20 in subdivision 2d, paragraph (b), where the governmental 207.21 subdivision has not elected to participate as a governmental 207.22 subdivision covered by the association. 207.23 (b) A public employee who was a member of the association 207.24 on June 30, 2002, based on employment that qualified for 207.25 membership coverage by the public employees retirement plan or 207.26 the public employees police and fire plan under this chapter, or 207.27 the local government correctional employees retirement plan 207.28 under chapter 353E as of June 30, 2002, retains that membership 207.29 until the employee terminates public employment under 207.30 subdivision 11a or terminates membership under subdivision 11b. 207.31 Sec. 4. Minnesota Statutes 2000, section 353.01, 207.32 subdivision 2b, is amended to read: 207.33 Subd. 2b. [EXCLUDED EMPLOYEES.] The following public 207.34 employeesshallare not eligible to participate as members of 207.35 the association with retirement coverage by the public employees 207.36 retirement plan, the local government correctional employees 208.1 retirement plan under chapter 353E, or the public employees 208.2 police and fire retirement plan: 208.3 (1)electedpublic officers, other than county sheriffs, 208.4 who are elected to a governing body, or persons who are 208.5 appointed to fill a vacancy in an elective office, who do not208.6elect to participate in the association by filing an application208.7for membershipof a governing body, whose term of office first 208.8 commences on or after July 1, 2002, for the service to be 208.9 rendered in that elective position. Elected governing body 208.10 officials who were active members of the association's 208.11 coordinated or basic retirement program of the general employees 208.12 retirement plan as of June 30, 2002, must continue participation 208.13 throughout incumbency in office until the termination of public 208.14 service occurs as defined in subdivision 11a; 208.15 (2) election officers or election judges; 208.16 (3) patient and inmate personnel who perform servicesin208.17charitable, penal, or correctional institutions offor a 208.18 governmental subdivision; 208.19 (4) employees who are hired for a temporary position under 208.20 subdivision 12a, and employees who resign from a nontemporary 208.21 position and accept a temporary position within 30 days in the 208.22 same governmental subdivision, but not those. An employer must 208.23 not apply the definition of temporary position so as to exclude 208.24 employees who are hiredfor an unlimited periodto fill 208.25 positions that are permanent or that are for an unspecified 208.26 period but who are serving a probationary period at the start of 208.27 the employment. If the period of employment extends beyond six 208.28 consecutive monthsand the employee earns more than $425 from208.29one governmental subdivision in any one calendar month, the 208.30 department head shall report the employee for membership and 208.31 require employee deductions be made on behalf of the employee 208.32 under section 353.27, subdivision 4. 208.33 The membership eligibility of an employee who resigns or is 208.34 dismissed from a temporary position and within 30 days accepts 208.35 another temporary position in the same governmental subdivision 208.36 is determined on the total length of employment rather than on 209.1 each separate position. Membership eligibility of an employee 209.2 who holds concurrent temporary and nontemporary positions in one 209.3 governmental subdivision is determined by the length of 209.4 employment and salary of each separate position; 209.5 (5)employees whose actual salary from one governmental209.6subdivision does not exceed $425 per month, or whose annual209.7salary from one governmental subdivision does not exceed a209.8stipulation prepared in advance, in writing, that the salary209.9must not exceed $5,100 per calendar year or per school year for209.10school employees for employment expected to be of a full year's209.11duration or more than the prorated portion of $5,100 per209.12employment period for employment expected to be of less than a209.13full year's duration;209.14(6)employees who are employed by reason of work emergency 209.15 caused by fire, flood, storm, or similar disaster; 209.16(7)(6) employees who by virtue of their employment in one 209.17 governmental subdivision are required by law to be a member of 209.18 and to contribute to any of the plans or funds administered by 209.19 the Minnesota state retirement system, the teachers retirement 209.20 association, the Duluth teachers retirement fund association, 209.21 the Minneapolis teachers retirement association, the St. Paul 209.22 teachers retirement fund association, the Minneapolis employees 209.23 retirement fund, or any police or firefighters relief 209.24 association governed by section 69.77 that has not consolidated 209.25 with the public employees retirement association, or any local 209.26 police or firefighters consolidation account but who have not 209.27 elected the type of benefit coverage provided by the public 209.28 employees police and fire fund under sections 353A.01 to 209.29 353A.10, or any persons covered by section 353.665, subdivision 209.30 4, 5, or 6, who have not elected public employees police and 209.31 fire plan benefit coverage. This clause must not be construed 209.32 to prevent a person from being a member of and contributing to 209.33 the public employees retirement association and also belonging 209.34 to and contributing to another public pension fund for other 209.35 service occurring during the same period of time. A person who 209.36 meets the definition of "public employee" in subdivision 2 by 210.1 virtue of other service occurring during the same period of time 210.2 becomes a member of the association unless contributions are 210.3 made to another public retirement fund on the salary based on 210.4 the other service or to the teachers retirement association by a 210.5 teacher as defined in section 354.05, subdivision 2; 210.6(8)(7) persons who are members of a religious order and 210.7 are excluded from coverage under the federal Old Age, Survivors, 210.8 Disability, and Health Insurance Program for the performance of 210.9 service as specified in United States Code, title 42, section 210.10 410(a)(8)(A), as amended through January 1, 1987, if no 210.11 irrevocable election of coverage has been made under section 210.12 3121(r) of the Internal Revenue Code of 1954, as amended; 210.13(9) full-time students who(8) employees who, at the time 210.14 they are hired by a governmental subdivision, are enrolledand210.15 on a full-time basis to attend or areregularlyattending 210.16 classes at an accredited school, college, or universityand who210.17are part-time employees as defined by a governmental subdivision210.18 in an undergraduate, graduate, or professional-technical 210.19 program, or in a public or charter high school, if the 210.20 employment is predicated on the student status of the 210.21 individual; 210.22(10)(9) resident physicians, medical interns, and 210.23 pharmacist residents and pharmacist interns who are serving in a 210.24 degree or residency program in public hospitals; 210.25(11)(10) students who are serving in an internship or 210.26 residency program sponsored by an accredited educational 210.27 institution; 210.28(12)(11) persons who hold a part-time adult supplementary 210.29 technical college license who render part-time teaching service 210.30 in a technical college; 210.31(13)(12) foreign citizens working for a governmental 210.32 subdivision with a work permit of less than three years, or an 210.33 H-1b visa valid for less than three years of employment. Upon 210.34 notice to the association that the work permit or visa extends 210.35 beyond the three-year period, the foreign citizens are eligible 210.36 for membership from the date of the extension; 211.1(14)(13) public hospital employees who elected not to 211.2 participate as members of the association before 1972 and who 211.3 did not elect to participate from July 1, 1988, to October 1, 211.4 1988; 211.5(15)(14) except as provided in section 353.86, volunteer 211.6 ambulance service personnel, as defined in subdivision 35, but 211.7 persons who serve as volunteer ambulance service personnel may 211.8 still qualify as public employees under subdivision 2 and may be 211.9 members of the public employees retirement association and 211.10 participants in the public employees retirement fund or the 211.11 public employees police and fire fund, whichever applies, on the 211.12 basis of compensation received from public employment service 211.13 other than service as volunteer ambulance service personnel; 211.14(16)(15) except as provided in section 353.87, volunteer 211.15 firefighters, as defined in subdivision 36, engaging in 211.16 activities undertaken as part of volunteer firefighter duties; 211.17 provided that a person who is a volunteer firefighter may still 211.18 qualify as a public employee under subdivision 2 and may be a 211.19 member of the public employees retirement association and a 211.20 participant in the public employees retirement fund or the 211.21 public employees police and fire fund, whichever applies, on the 211.22 basis of compensation received from public employment activities 211.23 other than those as a volunteer firefighter; 211.24(17)(16) pipefitters and associated trades personnel 211.25 employed by independent school district No. 625, St. Paul, with 211.26 coverage by the pipefitters local 455 pension plan under a 211.27 collective bargaining agreement who were either first employed 211.28 after May 1, 1997, or, if first employed before May 2, 1997, 211.29 elected to be excluded under Laws 1997, chapter 241, article 2, 211.30 section 12;and211.31(18)(17) electrical workers, plumbers, carpenters, and 211.32 associated trades personnel employed by independent school 211.33 district No. 625, St. Paul, or the city of St. Paul,withwho 211.34 have retirement coverage by the electrical workers local 110 211.35 pension plan, the united association plumbers local 34 pension 211.36 plan, or the carpenters local 87 pension plan under a collective 212.1 bargaining agreement who were either first employed after May 1, 212.2 2000, or, if first employed before May 2, 2000, elected to be 212.3 excluded under Laws 2000, chapter 461, article 7, section 5.; 212.4 (18) employees who are hired after June 30, 2002, to fill 212.5 seasonal positions under subdivision 12b which are limited in 212.6 duration by the employer to 185 consecutive calendar days or 212.7 less in each business year of the governmental subdivision; 212.8 (19) persons who are provided sheltered employment or 212.9 work-study positions by a governmental subdivision and who 212.10 participate in an employment or industries program maintained 212.11 for the benefit of these persons where the governmental 212.12 subdivision limits the position's duration to three years or 212.13 less, including persons participating in a federal or state 212.14 subsidized on-the-job training, work experience, senior citizen, 212.15 youth, or unemployment relief program where the training or work 212.16 experience is not provided as a part of, or intended to result 212.17 in, future permanent public employment; 212.18 (20) independent contractors and the employees of 212.19 independent contractors; and 212.20 (21) reemployed annuitants of the association during the 212.21 course of that reemployment. 212.22 Sec. 5. Minnesota Statutes 2000, section 353.01, is 212.23 amended by adding a subdivision to read: 212.24 Subd. 2d. [OPTIONAL MEMBERSHIP.] (a) Membership in the 212.25 association is optional by action of the individual employee for 212.26 the following public employees who meet the conditions set forth 212.27 in subdivision 2a: 212.28 (1) members of the coordinated plan who are also employees 212.29 of labor organizations as defined in section 353.017, 212.30 subdivision 1, for their employment by the labor organization 212.31 only if they elect to have membership under section 353.017, 212.32 subdivision 2; 212.33 (2) persons who are elected or persons who are appointed to 212.34 elected positions other than local governing body elected 212.35 positions who elect to participate by filing a written election 212.36 for membership; 213.1 (3) members of the association who are appointed by the 213.2 governor to be a state department head and who elect not to be 213.3 covered by the general state employees retirement plan of the 213.4 Minnesota state retirement system under section 352.021; and 213.5 (4) city managers as defined in section 353.028, 213.6 subdivision 1, who do not elect to be excluded from membership 213.7 in the association under section 353.028, subdivision 2. 213.8 (b) Membership in the association is optional by action of 213.9 the governmental subdivision for the employees of the following 213.10 governmental subdivisions under the conditions specified: 213.11 (1) the Minnesota association of townships if the board of 213.12 the association, at its option, certifies to the executive 213.13 director that its employees are to be included for purposes of 213.14 retirement coverage, in which case the status of the association 213.15 as a participating employer is permanent; and 213.16 (2) a county historical society if the county in which the 213.17 historical society is located, at its option, certifies to the 213.18 executive director that the employees of the historical society 213.19 are to be county employees for purposes of retirement coverage 213.20 under this chapter. The status as a county employee for 213.21 retirement coverage purposes must be accorded to all similarly 213.22 situated county historical society employees and, once 213.23 established, must continue as long as a person is an employee of 213.24 the county historical society. 213.25 (c) For employees who are covered by paragraph (a), clause 213.26 (1), (2), or (3), or covered by paragraph (b), if the necessary 213.27 membership election is not made, the employee is excluded from 213.28 retirement coverage under this chapter. For employees who are 213.29 covered by paragraph (a), clause (4), if the necessary election 213.30 is not made, the employee must become a member and have 213.31 retirement coverage under this chapter. The option to become a 213.32 member, once exercised under this subdivision, may not be 213.33 withdrawn until the termination of public service as defined 213.34 under subdivision 11a. 213.35 Sec. 6. Minnesota Statutes 2000, section 353.01, 213.36 subdivision 6, is amended to read: 214.1 Subd. 6. [GOVERNMENTAL SUBDIVISION.] (a) "Governmental 214.2 subdivision" means a county, city, town, school district within 214.3 this state, or a department or unit of state government, or any 214.4 public body whose revenues are derived from taxation, fees, 214.5 assessments or from other sources. 214.6 (b) Governmental subdivision also means the public 214.7 employees retirement association, the league of Minnesota 214.8 cities, the association of metropolitan municipalities, public 214.9 hospitals owned or operated by, or an integral part of, a 214.10 governmental subdivision or governmental subdivisions, the 214.11 association of Minnesota counties, the metropolitan intercounty 214.12 association, the Minnesota municipal utilities association, the 214.13 metropolitan airports commission, the Minneapolis employees 214.14 retirement fund for employment that initially commenced after 214.15 June 30, 1979, the range association of municipalities and 214.16 schools, soil and water conservation districts, and economic 214.17 development authorities created or operating under sections 214.18 469.090 to 469.108. 214.19 (c) Governmental subdivision does not mean any municipal 214.20 housing and redevelopment authority organized under the 214.21 provisions of sections 469.001 to 469.047;orany port authority 214.22 organized under sections 469.048 to 469.089;orany hospital 214.23 district organized or reorganized prior to July 1, 1975, under 214.24 sections 447.31 to 447.37 or the successor of the district,; nor 214.25 the Minneapolis community development agency. 214.26 Sec. 7. Minnesota Statutes 2000, section 353.01, 214.27 subdivision 7, is amended to read: 214.28 Subd. 7. [MEMBER.] "Member" means a person who accepts 214.29 employment as a "public employee" under subdivision 2, who is an 214.30 employee who works in one or more positions that require or 214.31 allow membership in the association under subdivision 2a or 214.32 2d, for whom contributions have been withheld from salary, and 214.33 who is not covered by the plan established in chapter 353D or 214.34 excluded under subdivision 2b. A person who is a member remains 214.35 a member while the person is performing services as a public 214.36 employee and while on an authorized leave of absence or an 215.1 authorized temporary layoff, subject to the provisions of 215.2 subdivision 16, paragraph (a), clause (4), (5), (6), or (7), 215.3 whichever applies. 215.4 Sec. 8. Minnesota Statutes 2000, section 353.01, 215.5 subdivision 11b, is amended to read: 215.6 Subd. 11b. [TERMINATION OF MEMBERSHIP.] (a) "Termination 215.7 of membership" means the conclusion of membership in the 215.8 association and occurs: 215.9 (1) upon termination of public service under subdivision 215.10 11a; 215.11 (2)when a member who is a part-time employee is excluded215.12from membership as a full-time student under subdivision 2b,215.13clause (9);215.14(3)when a member does not return to work within 30 days of 215.15 the expiration of an authorized temporary layoff under 215.16 subdivision 12 or an authorized leave of absence under 215.17 subdivision 31. If the employee subsequently returns to a215.18position in the same governmental subdivision, the employee215.19shall not again be required to earn a salary in excess of $425215.20per month, unless the employee has taken a refund of accumulated215.21employee deductions plus interest under section 353.34,215.22subdivision 1as evidenced by the appropriate record filed by 215.23 the governmental subdivision; or 215.24(4)(3) when a person files a written election to 215.25 discontinue employee deductions under section 353.27, 215.26 subdivision 7, paragraph (a), clause (1). 215.27 (b) The termination of membership must be reported to the 215.28 association by the governmental subdivision. 215.29 Sec. 9. Minnesota Statutes 2000, section 353.01, 215.30 subdivision 12, is amended to read: 215.31 Subd. 12. [AUTHORIZED TEMPORARY LAYOFF.] "Authorized 215.32 temporary layoff,"including seasonal leave of absence,means a 215.33 suspension of public service authorized by the employing 215.34 governmental subdivision for a specified period, not exceeding 215.35 three months in any calendar year, as evidenced by appropriate 215.36 record of the employerandpromptly transmitted to the 216.1 association. The association shall credit the member for an 216.2 authorized temporary layoff only as provided in subdivision 16, 216.3 paragraph (a), clause (6). 216.4 Sec. 10. Minnesota Statutes 2000, section 353.01, 216.5 subdivision 12a, is amended to read: 216.6 Subd. 12a. [TEMPORARY POSITION.] (1) "Temporary position" 216.7 means an employment position predetermined by the employer at 216.8 the time of hiring to be a period of six months or lessor. The 216.9 term also means an employment position occupied by a person 216.10 hired by the employer as a temporary replacement who is employed 216.11 for a predetermined period of six months or less. 216.12 (2) "Temporary position" does not mean an employment 216.13 position foran unlimited perioda specified term in which a 216.14 person serves a probationary periodor works an irregular216.15scheduleas a requirement for subsequent employment on a 216.16 permanent or unlimited basis. 216.17 Sec. 11. Minnesota Statutes 2000, section 353.01, is 216.18 amended by adding a subdivision to read: 216.19 Subd. 12b. [SEASONAL POSITION.] "Seasonal position" means 216.20 a position where the nature of the work or its duration are 216.21 related to a specific season or seasons of the year, regardless 216.22 of whether or not the employing agency anticipates that the same 216.23 employee will return to the position each season in which it 216.24 becomes available. The entire period of employment in a 216.25 business year must be used to determine whether or not a 216.26 position may be excluded as seasonal when there is less than a 216.27 30-day break between one seasonal position and a subsequent 216.28 seasonal position for employment with the same governmental 216.29 employer. Seasonal positions include, but are not limited to, 216.30 coaching athletic activities, employment to plow snow or to 216.31 maintain roads or parks, or to operate skating rinks, ski 216.32 lodges, golf courses, or swimming pools. 216.33 Sec. 12. Minnesota Statutes 2000, section 353.01, 216.34 subdivision 16, is amended to read: 216.35 Subd. 16. [ALLOWABLE SERVICE; LIMITS AND COMPUTATION.] (a) 216.36 "Allowable service" means: 217.1 (1) service during years of actual membership in the course 217.2 of which employee contributions were made, periods covered by 217.3 payments in lieu of salary deductions under section 353.35, and; 217.4 (2) service in years during which the public employee was 217.5 not a member but for which the member later elected, while a 217.6 member, to obtain credit by making payments to the fund as 217.7 permitted by any law then in effect.; 217.8(b) "Allowable service" also means(3) a period of 217.9 authorized leave of absence with pay from which deductions for 217.10 employee contributions are made, deposited, and credited to the 217.11 fund.; 217.12(c) "Allowable service" also means(4) a period of 217.13 authorized personal, parental, or medical leave of absence 217.14 without pay, including a leave of absence covered under the 217.15 federal Family Medical Leave Act, that does not exceed one year, 217.16 and during or for which a member obtained full or fractional 217.17 service credit for each month in the leave period by payments to 217.18 the fund made in place of salary deductions, provided that. The 217.19 paymentsaremust be made in an amount or amounts based on the 217.20 member's average salary on which deductions were paid for the 217.21 last six months of public service, or for that portion of the 217.22 last six months while the member was in public service, to apply 217.23 to the period in either case that immediatelyprecedingprecedes 217.24 the commencement of the leave of absence. If the employee 217.25 elects to pay the employee contributions for the period of 217.26 any authorized personal, parental, or medical leave of absence 217.27 without pay, or for any portion of the leave, the employee shall 217.28 also, as a condition to the exercise of the election, pay to the 217.29 fund an amount equivalent toboththe required employer and the 217.30 additional employer contributions, if any, for the employee. 217.31 The payment must be made within one year from the expiration of 217.32 the leave of absence or within 20 days after termination of 217.33 public service under subdivision 11a. The employer, if by 217.34 appropriate action of its governing body, which is made a part 217.35 of its official records, and which is adopted before the date of 217.36 the first payment of the employee contribution, may certify to 218.1 the association in writing its commitment to pay the employer 218.2 and additional employer contributions from the proceeds of a tax 218.3 levy made under section 353.28. Payments under this paragraph 218.4 must include interest at an annual rate of 8.5 percent 218.5 compounded annually from the date of the termination of the 218.6 leave of absence to the date payment is made. An employee shall 218.7 return to public service andreceiverender a minimum of three 218.8 months of allowable service in order to be eligible to pay 218.9 employee and employer contributions for a subsequent authorized 218.10 leave of absence without pay. Upon payment, the employee must 218.11 be granted allowable service credit for full calendar months or 218.12 fractions of a month during the leave period as described in 218.13 paragraph (d), clauses (1) and (2), based on the salary or the 218.14 compensated hours used in computing the payment amount; 218.15(d) "Allowable service" also means(5) a periodic, 218.16 repetitive leave that is offered to all employees of a 218.17 governmental subdivision. The leave program may not exceed 208 218.18 hours per annual normal work cycle as certified to the 218.19 association by the employer. A participating member obtains 218.20 service credit by making employee contributions in an amount or 218.21 amounts based on the member's average salary that would have 218.22 been paid if the leave had not been taken. The employer shall 218.23 pay the employer and additional employer contributions on behalf 218.24 of the participating member. The employee and the employer are 218.25 responsible to pay interest on their respective shares at the 218.26 rate of 8.5 percent a year, compounded annually, from the end of 218.27 the normal cycle until full payment is made. An employer shall 218.28 also make the employer and additional employer contributions, 218.29 plus 8.5 percent interest, compounded annually, on behalf of an 218.30 employee who makes employee contributions but terminates public 218.31 service. The employee contributions must be made within one 218.32 year after the end of the annual normal working cycle or within 218.33 20 days after termination of public service, whichever is 218.34 sooner. The association shall prescribe the manner and forms to 218.35 be used by a governmental subdivision in administering a 218.36 periodic, repetitive leave. Upon payment, the member must be 219.1 granted allowable service credit for full calendar months or 219.2 fractions of a month during the leave period as described in 219.3 paragraph (d), clauses (1) and (2), based on the salary or the 219.4 compensated hours used in computing the payment amount; 219.5(e) "Allowable service" also means a period during which a219.6member is on an authorized sick leave of absence, without pay,219.7limited to one year. An employee who has received one year of219.8allowable service shall return to public service and receive a219.9minimum of three months of allowable service to receive219.10allowable service for a subsequent authorized sick leave of219.11absence.219.12(f) "Allowable service" also means(6) an authorized 219.13 temporary layoff under subdivision 12,. For temporary layoffs 219.14 that begin before January 1, 2002, allowable service credit is 219.15 limited to three months allowable service per authorized 219.16 temporary layoff in one calendar year.An employee who has219.17received the maximum service allowed for an authorized temporary219.18layoff shall return to public service and receive a minimum of219.19three months of allowable service to receive allowable service219.20for a subsequent authorized temporary layoff.For temporary 219.21 layoffs that begin on or after January 1, 2002, allowable 219.22 service credit for the calendar month in which the member does 219.23 not receive salary due to the layoff must be determined using 219.24 the following formula: 219.25 (i) members who earned one month of allowable service 219.26 credit for each of the nine calendar months of compensated 219.27 employment with the governmental subdivision authorizing the 219.28 layoff that immediately preceded the layoff shall receive one 219.29 month of allowable service credit, limited to three months of 219.30 allowable service credit per year, for each month of the 219.31 temporary layoff; or 219.32 (ii) members who earned less than nine months of allowable 219.33 service credit in the year of compensated employment with the 219.34 governmental subdivision authorizing the layoff that immediately 219.35 preceded the layoff shall receive allowable service credit on a 219.36 fractional basis for each month of the authorized layoff, 220.1 limited to three months of allowable service credit, determined 220.2 by dividing the total number of months of service credit earned 220.3 for the compensated employment by nine and multiplying the 220.4 resulting number by the total number of months in the layoff 220.5 period that are not compensated; or 220.6(g) Notwithstanding any law to the contrary, "allowable220.7service" also means a parental leave. The association shall220.8grant a maximum of two months service credit for a parental220.9leave, within six months after the birth or adoption, upon220.10documentation from the member's governmental subdivision or220.11presentation of a birth certificate or other evidence of birth220.12or adoption to the association.220.13(h) "Allowable service" also means(7) a period during 220.14 which a member is on an authorized leave of absence to enter 220.15 military service in the armed forces of the United States, 220.16 provided that the member returns to public service upon 220.17 discharge from military service under section 192.262 and pays 220.18 into the fund employee contributions based upon the employee's 220.19 salary at the date of return from military service. Payment 220.20 must be made within three times the length of the military leave 220.21 period, or five years of the date of discharge from the military 220.22 service, whichever is less. The amount of these contributions 220.23 must be in accord with the contribution rates and salary 220.24 limitations, if any, in effect during the leave, plus interest 220.25 at an annual rate of 8.5 percent compounded annually from the 220.26 date of return to public service to the date payment is made. 220.27 The matching employer contribution and additional employer 220.28 contribution under section 353.27, subdivisions 3 and 3a, must 220.29 be paid by the governmental subdivision employing the member 220.30 upon return to public service if the member makes the employee 220.31 contributions. The governmental subdivision involved may 220.32 appropriate money for those payments. A member may not receive 220.33 credit for a voluntary extension of military service at the 220.34 instance of the member beyond the initial period of enlistment, 220.35 induction, or call to active duty. Upon payment, the employee 220.36 must be granted allowable service credit for full calendar 221.1 months or fractions of a month during the leave period as 221.2 described in paragraph (d), clauses (1) and (2), based on the 221.3 salary or compensated hours used in computing the payment amount. 221.4(i)(b) For calculating benefits under sections 353.30, 221.5 353.31, 353.32, and 353.33 for state officers and employees 221.6 displaced by the Community Corrections Act, chapter 401, and 221.7 transferred into county service under section 401.04, "allowable 221.8 service" means combined years of allowable service as defined in 221.9paragraphsparagraph (a)to (i), clauses (1) to (6), and section 221.10 352.01, subdivision 11. 221.11(j)(c) For a public employee who has prior service covered 221.12 by a local police or firefighters relief association that has 221.13 consolidated with the public employees retirement association or 221.14 to which section 353.665 applies, and who has elected the type 221.15 of benefit coverage provided by the public employees police and 221.16 fire fund either under section 353A.08 following the 221.17 consolidation or under section 353.665, subdivision 4, 221.18 "applicable service" is a period of service credited by the 221.19 local police or firefighters relief association as of the 221.20 effective date of the consolidation based on law and on bylaw 221.21 provisions governing the relief association on the date of the 221.22 initiation of the consolidation procedure. 221.23 (d) For persons who, after January 1, 2002, either first 221.24 become members or terminated membership under subdivision 11b, 221.25 and again become members, of the public employees retirement 221.26 plan, the public employees police and fire plan under this 221.27 chapter, or the local government correctional employee 221.28 retirement plan under chapter 353E, whichever applies, 221.29 "allowable service" means credit for compensated hours from 221.30 which deductions are made, or for which payments are made in 221.31 lieu of salary deductions as provided under this subdivision, 221.32 and which are deposited and credited in the fund as provided in 221.33 section 353.27, determined as follows: 221.34 (1) one month of allowable service credit for each month 221.35 during which the employee has received salary for 80 or more 221.36 compensated hours; or 222.1 (2) a fraction of one month of allowable service for each 222.2 month for which the employee has received salary for less than 222.3 80 compensated hours equal to the percentage relationship that 222.4 the number of compensated hours bear to 80 hours. 222.5 (e) Elected officials and other public employees who are 222.6 compensated solely on an annual basis shall be granted a full 222.7 year of credit for each year for which compensation is earned. 222.8 (f) Allowable service that is determined and credited on a 222.9 fractional basis must be used only in calculating the amount of 222.10 benefits payable. In determining the length of service required 222.11 for vesting, a member shall be granted a month of service credit 222.12 for each month in which the member received compensation from 222.13 which employee contributions were deducted. For periods of 222.14 part-time service that are duplicated service credit, section 222.15 356.30, subdivision 1, paragraphs (g) and (h), govern. 222.16 (g) No member shall receive more than 12 months of 222.17 allowable service credit in a year either for vesting purposes 222.18 or for benefit calculation purposes. 222.19 Sec. 13. Minnesota Statutes 2000, section 353.01, is 222.20 amended by adding a subdivision to read: 222.21 Subd. 38. [BUSINESS YEAR.] "Business year" means the first 222.22 day of the first full pay period through the last day of the 222.23 last full pay period of the 12-month fiscal year applicable to 222.24 the respective governmental subdivision. 222.25 Sec. 14. Minnesota Statutes 2000, section 353.01, is 222.26 amended by adding a subdivision to read: 222.27 Subd. 39. [COMPENSATED HOURS.] "Compensated hours" means 222.28 the hours during which an employee performs services in one or 222.29 more positions for a single governmental subdivision for which 222.30 the employee receives compensation. The term also includes the 222.31 following: 222.32 (1) paid holiday hours for which the employee is not 222.33 required to work; 222.34 (2) paid used sick leave hours; 222.35 (3) paid used personal leave hours and vacation hours; and 222.36 (4) paid hours drawn from accrued compensatory time. 223.1 Sec. 15. Minnesota Statutes 2000, section 353.03, 223.2 subdivision 1, is amended to read: 223.3 Subdivision 1. [MANAGEMENT; COMPOSITION; ELECTION.] (a) 223.4 The management of the public employees retirement fund is vested 223.5 in an 11-member board of trustees consisting of ten members and 223.6 the state auditorwho. The state auditor may designate a deputy 223.7 auditor with expertise in pension matters as the auditor's 223.8 representative on the board. 223.9 (b) The governor shall appoint five trustees to four-year 223.10 terms, one of whom shall be designated to represent school 223.11 boards, one to represent cities, one to represent counties, one 223.12 who is a retired annuitant, and one who is a public member 223.13 knowledgeable in pension matters. 223.14 (c) The membership of the association, including recipients 223.15 of retirement annuities and disability and survivor benefits, 223.16 shall elect five trustees, one of whom must be a member of the 223.17 police and fire fund and one of whom must be a former member who 223.18 met the definition of public employee under section 353.01, 223.19 subdivisions 2 and 2a, for at least five years prior to 223.20 terminating membership or a member who receives a disability 223.21 benefit, for terms of four years. Except as provided in this 223.22 subdivision, trustees elected by the membership of the 223.23 association must be public employees and members of the 223.24 association. 223.25 (d) For seven days beginning October 1 of each year 223.26 preceding a year in which an election is held, the association 223.27 shall accept at its office filings in person or by mail of 223.28 candidates for the board of trustees. A candidate shall submit 223.29 at the time of filing a nominating petition signed by 25 or more 223.30 members of the fund. No name may be withdrawn from nomination 223.31 by the nominee after October 15. At the request of a candidate 223.32 for an elected position on the board of trustees, the board 223.33 shall mail a statement of up to 300 words prepared by the 223.34 candidate to all persons eligible to vote in the election of the 223.35 candidate. The board may adopt policies to govern form and 223.36 length of these statements, timing of mailings, and deadlines 224.1 for submitting materials to be mailed. These policies must be 224.2 approved by the secretary of state. The secretary of state 224.3 shall resolve disputes between the board and a candidate 224.4 concerning application of these policies to a particular 224.5 statement. 224.6 (e) A candidate who: 224.7 (1) receives contributions or makes expenditures in excess 224.8 of $100; or 224.9 (2) has given implicit or explicit consent for any other 224.10 person to receive contributions or make expenditures in excess 224.11 of $100 for the purpose of bringing about the candidate's 224.12 election, shall file a report with the campaign finance and 224.13 public disclosure board disclosing the source and amount of all 224.14 contributions to the candidate's campaign. The campaign finance 224.15 and public disclosure board shall prescribe forms governing 224.16 these disclosures. Expenditures and contributions have the 224.17 meaning defined in section 10A.01. These terms do not include 224.18 the mailing made by the association board on behalf of the 224.19 candidate. A candidate shall file a report within 30 days from 224.20 the day that the results of the election are announced. The 224.21 campaign finance and public disclosure board shall maintain 224.22 these reports and make them available for public inspection in 224.23 the same manner as the board maintains and makes available other 224.24 reports filed with it. 224.25 (f) By January 10 of each year in which elections are to be 224.26 held the board shall distribute by mail to the members ballots 224.27 listing the candidates. No member may vote for more than one 224.28 candidate for each board position to be filled. A ballot 224.29 indicating a vote for more than one person for any position is 224.30 void. No special marking may be used on the ballot to indicate 224.31 incumbents. The last day for mailing ballots to the fund is 224.32 January 31. Terms expire on January 31 of the fourth year, and 224.33 positions are vacant until newly elected members are qualified. 224.34 The ballot envelopes must be so designed and the ballots counted 224.35 in a manner that ensures that each vote is secret. The 224.36 secretary of state shall supervise the elections. 225.1 (g) The board of trustees and the executive director shall 225.2 undertake their activities consistent with chapter 356A. 225.3 Sec. 16. Minnesota Statutes 2000, section 353.27, 225.4 subdivision 2, is amended to read: 225.5 Subd. 2. [EMPLOYEE CONTRIBUTION.] (a) The employee 225.6 contribution isanthe following applicable percentage of total 225.7 salary amount(1)for a "basic member"equal to 8.75 percent of225.8total salary;and(2)for a "coordinated member"equal to 4.75225.9percent of total salary.: 225.10 basic program coordinated program 225.11 before January 1, 2002 8.75 4.75 225.12 effective January 1, 2002 9.10 5.10 225.13 (b) These contributions must be made by deduction from 225.14 salary in the manner provided in subdivision 4. Where any 225.15 portion of a member's salary is paid from other than public 225.16 funds, such member's employee contribution must be based on the 225.17 total salary received from all sources. 225.18 Sec. 17. Minnesota Statutes 2000, section 353.27, 225.19 subdivision 3, is amended to read: 225.20 Subd. 3. [EMPLOYER CONTRIBUTION.] (a) The employer 225.21 contribution isanthe following applicable percentage of total 225.22 salary amountequal to the employee contribution under225.23subdivision 2.: 225.24 basic program coordinated program 225.25 before January 1, 2002 8.75 4.75 225.26 effective January 1, 2002 9.10 5.10 225.27 (b) This contribution must be made from funds available to 225.28 the employing subdivision by the means and in the manner 225.29 provided in section 353.28. 225.30 Sec. 18. Minnesota Statutes 2000, section 353.27, 225.31 subdivision 4, is amended to read: 225.32 Subd. 4. [EMPLOYER REPORTING REQUIREMENTS; CONTRIBUTIONS; 225.33 MEMBER STATUS.] (a) A representative authorized by the head of 225.34 each department shall deduct employee contributions from the 225.35 salary of each employee who qualifies for membership under this 225.36 chapter and remit payment in a manner prescribed by the 226.1 executive director for the aggregate amount of the employee 226.2 contributions, the employer contributions and the additional 226.3 employer contributions to be received within 14 calendar days. 226.4 The head of each department or the person's designee shall for 226.5 each pay period submit to the association a salary deduction 226.6 report in the format prescribed by the executive director. Data 226.7 to be submitted as part of salary deduction reporting must 226.8 include, but are not limited to: 226.9 (1) the legal names and social security numbers of 226.10 employees who are members; 226.11 (2) the amount of each employee's salary deduction; 226.12 (3) the amount of salary from which each deduction was 226.13 made; 226.14 (4) the beginning and ending dates of the payroll period 226.15 covered and the date of actual payment;and226.16 (5) adjustments or corrections covering past pay periods; 226.17 and 226.18 (6) the number of compensated hours of each employee during 226.19 the payroll period. 226.20 (b) Employers must furnish the data required for enrollment 226.21 for each new employee who qualifies for membership in the format 226.22 prescribed by the executive director. The required enrollment 226.23 data on new employees must be submitted to the association prior 226.24 to or concurrent with the submission of the initial employee 226.25 salary deduction. The employer shall also report to the 226.26 association all member employment status changes, such as leaves 226.27 of absence, terminations, and death, and the effective dates of 226.28 those changes, on an ongoing basis for the payroll cycle in 226.29 which they occur. The employer shall furnish data, forms, and 226.30 reports as may be required by the executive director for proper 226.31 administration of the retirement system. Before implementing 226.32 new or different computerized reporting requirements, the 226.33 executive director shall give appropriate advance notice to 226.34 governmental subdivisions to allow time for system modifications. 226.35 (c) Notwithstanding paragraph (a), the association may 226.36 provide for less frequent reporting and payments for small 227.1 employers. 227.2 Sec. 19. Minnesota Statutes 2000, section 353.27, 227.3 subdivision 11, is amended to read: 227.4 Subd. 11. [EMPLOYERS; REQUIRED TO FURNISH REQUESTED 227.5 INFORMATION.] All governmental subdivisions shall furnish 227.6 promptly such other information relative to the employment 227.7 status of all employees or former employees, including but not 227.8 limited to payroll abstracts pertaining to all past and present 227.9 employees, as may be requested by the association or its 227.10 executive director, including schedules of salaries applicable 227.11 to various categories of employment, and the number of actual or 227.12 estimated compensated hours for employees. In the event payroll 227.13 abstract records have been lost or destroyed, for whatever 227.14 reason or in whatever manner, so that such schedules of salaries 227.15 cannot be furnished therefrom, the employing governmental 227.16 subdivision, in lieu thereof, shall furnish to the association 227.17 an estimate of the earnings of any employee or former employee 227.18 for any period as may be requested by the association or its 227.19 executive director. Should the association receive such 227.20 schedules of estimated earnings, the executive director is 227.21 hereby authorized to use the same as a basis for making whatever 227.22 computations might be necessary for determining obligations of 227.23 the employee and employer to the retirement fund. If estimates 227.24 are not furnished by the employer pursuant to the request of the 227.25 association or its executive director, the association may 227.26 estimate the obligations of the employee and employer to the 227.27 retirement fund based upon such records as are in its 227.28 possession. Where payroll abstracts have been lost or 227.29 destroyed, the governmental agency need not furnish any 227.30 information pertaining to employment prior to July 1, 1963. The 227.31 association shall make no estimate of any obligation of any 227.32 employee, former employee, or employer covering employment prior 227.33 to July 1, 1963. 227.34 Sec. 20. Minnesota Statutes 2000, section 353.86, 227.35 subdivision 1, is amended to read: 227.36 Subdivision 1. [PARTICIPATION.] Volunteer ambulance 228.1 service personnel, as defined in section 353.01, subdivision 35, 228.2 who are or become members of and participants in the public 228.3 employees retirement fund or the public employees police and 228.4 fire fund before July 1, 2002, and make contributions to either 228.5 of those funds based on compensation for service other than 228.6 volunteer ambulance service may elect to participate in that 228.7 same fund with respect to compensation received for volunteer 228.8 ambulance service, provided that the volunteer ambulance service 228.9 is not credited to another public or private pension plan 228.10 including the public employees retirement plan established by 228.11 chapter 353D and provided further that the volunteer ambulance 228.12 service is rendered for the same governmental unit for which the 228.13 nonvolunteer ambulance service is rendered. 228.14 Sec. 21. Minnesota Statutes 2000, section 356.215, 228.15 subdivision 4g, is amended to read: 228.16 Subd. 4g. [AMORTIZATION CONTRIBUTIONS.] (a) In addition to 228.17 the exhibit indicating the level normal cost, the actuarial 228.18 valuation must contain an exhibit indicating the additional 228.19 annual contribution sufficient to amortize the unfunded 228.20 actuarial accrued liability. For funds governed by chapters 3A, 228.21 352, 352B, 352C, 353, 354, 354A, and 490, the additional 228.22 contribution must be calculated on a level percentage of covered 228.23 payroll basis by the established date for full funding in effect 228.24 when the valuation is prepared. For funds governed by chapter 228.25 3A, sections 352.90 through 352.951, chapters 352B, 352C, 228.26 sections 353.63 through 353.68, and chapters 353C, 354A, and 228.27 490, the level percent additional contribution must be 228.28 calculated assuming annual payroll growth of 6.5 percent. For 228.29 funds governed by sections 352.01 through 352.86 and chapter 228.30 354, the level percent additional contribution must be 228.31 calculated assuming an annual payroll growth of five percent. 228.32 For the fund governed by sections 353.01 through 353.46, the 228.33 level percent additional contribution must be calculated 228.34 assuming an annual payroll growth of six percent. For all other 228.35 funds, the additional annual contribution must be calculated on 228.36 a level annual dollar amount basis. 229.1 (b) For any fund other than the Minneapolis employees 229.2 retirement fund and the public employees retirement association 229.3 general plan,after the first actuarial valuation date occurring229.4after June 1, 1989,if there has not been a change in the 229.5 actuarial assumptions used for calculating the actuarial accrued 229.6 liability of the fund, a change in the benefit plan governing 229.7 annuities and benefits payable from the fund, a change in the 229.8 actuarial cost method used in calculating the actuarial accrued 229.9 liability of all or a portion of the fund, or a combination of 229.10 the three, which change or changes by themselves without 229.11 inclusion of any other items of increase or decrease produce a 229.12 net increase in the unfunded actuarial accrued liability of the 229.13 fund, the established date for full fundingfor the first229.14actuarial valuation made after June 1, 1989, and each successive229.15actuarial valuationis the first actuarial valuation date 229.16 occurring after June 1, 2020. 229.17 (c) For any fund or plan other than the Minneapolis 229.18 employees retirement fund and the public employees retirement 229.19 association general plan,after the first actuarial valuation229.20date occurring after June 1, 1989,if there has been a change in 229.21 any or all of the actuarial assumptions used for calculating the 229.22 actuarial accrued liability of the fund, a change in the benefit 229.23 plan governing annuities and benefits payable from the fund, a 229.24 change in the actuarial cost method used in calculating the 229.25 actuarial accrued liability of all or a portion of the fund, or 229.26 a combination of the three, and the change or changes, by 229.27 themselves and without inclusion of any other items of increase 229.28 or decrease, produce a net increase in the unfunded actuarial 229.29 accrued liability in the fund, the established date for full 229.30 funding must be determined using the following procedure: 229.31 (i) the unfunded actuarial accrued liability of the fund 229.32 must be determined in accordance with the plan provisions 229.33 governing annuities and retirement benefits and the actuarial 229.34 assumptions in effect before an applicable change; 229.35 (ii) the level annual dollar contribution or level 229.36 percentage, whichever is applicable, needed to amortize the 230.1 unfunded actuarial accrued liability amount determined under 230.2 item (i) by the established date for full funding in effect 230.3 before the change must be calculated using the interest 230.4 assumption specified in subdivision 4d in effect before the 230.5 change; 230.6 (iii) the unfunded actuarial accrued liability of the fund 230.7 must be determined in accordance with any new plan provisions 230.8 governing annuities and benefits payable from the fund and any 230.9 new actuarial assumptions and the remaining plan provisions 230.10 governing annuities and benefits payable from the fund and 230.11 actuarial assumptions in effect before the change; 230.12 (iv) the level annual dollar contribution or level 230.13 percentage, whichever is applicable, needed to amortize the 230.14 difference between the unfunded actuarial accrued liability 230.15 amount calculated under item (i) and the unfunded actuarial 230.16 accrued liability amount calculated under item (iii) over a 230.17 period of 30 years from the end of the plan year in which the 230.18 applicable change is effective must be calculated using the 230.19 applicable interest assumption specified in subdivision 4d in 230.20 effect after any applicable change; 230.21 (v) the level annual dollar or level percentage 230.22 amortization contribution under item (iv) must be added to the 230.23 level annual dollar amortization contribution or level 230.24 percentage calculated under item (ii); 230.25 (vi) the period in which the unfunded actuarial accrued 230.26 liability amount determined in item (iii) is amortized by the 230.27 total level annual dollar or level percentage amortization 230.28 contribution computed under item (v) must be calculated using 230.29 the interest assumption specified in subdivision 4d in effect 230.30 after any applicable change, rounded to the nearest integral 230.31 number of years, but not to exceed 30 years from the end of the 230.32 plan year in which the determination of the established date for 230.33 full funding using the procedure set forth in this clause is 230.34 made and not to be less than the period of years beginning in 230.35 the plan year in which the determination of the established date 230.36 for full funding using the procedure set forth in this clause is 231.1 made and ending by the date for full funding in effect before 231.2 the change; and 231.3 (vii) the period determined under item (vi) must be added 231.4 to the date as of which the actuarial valuation was prepared and 231.5 the date obtained is the new established date for full funding. 231.6 (d) For the Minneapolis employees retirement fund, the 231.7 established date for full funding is June 30, 2020. 231.8 (e) For the public employees retirement association general 231.9 plan, the established date for full funding is June 30, 2031. 231.10 (f) For the retirement plans for which the annual actuarial 231.11 valuation indicates an excess of valuation assets over the 231.12 actuarial accrued liability, the valuation assets in excess of 231.13 the actuarial accrued liability must be recognized as a 231.14 reduction in the current contribution requirements by an amount 231.15 equal to the amortization of the excess expressed as a level 231.16 percentage of pay over a 30-year period beginning anew with each 231.17 annual actuarial valuation of the plan. 231.18 Sec. 22. [IMPLEMENTATION PLAN; MAJOR STATEWIDE RETIREMENT 231.19 SYSTEM ADMINISTRATIVE SERVICES CONSOLIDATION.] 231.20 (a) Based on the July 15, 2001, report required under Laws 231.21 1999, chapter 222, article 22, section 5, the executive 231.22 directors of the Minnesota state retirement system, the public 231.23 employees retirement association, and the teachers retirement 231.24 association jointly shall prepare a report detailing the 231.25 implementation steps that would be necessary to consolidate the 231.26 administrations of the three systems into a single 231.27 administrative structure if the legislature subsequently 231.28 determines that such a consolidation would be in the best 231.29 interests of the state, its taxpayers, and its public employees. 231.30 (b) The report must include the draft proposed legislation 231.31 that would be required to effect an administrative consolidation 231.32 as well as a detailed schedule and timetable of the completion 231.33 steps for a consolidation. 231.34 (c) The report must be filed by February 15, 2002, with the 231.35 chair of the legislative commission on pensions and retirement, 231.36 the chair of the senate committee on state and local government 232.1 operations, and the chair of the house committee on government 232.2 operations and veterans affairs policy. 232.3 Sec. 23. [IMPLEMENTATION PLAN; AGGREGATION OF TEACHER 232.4 RETIREMENT PLANS.] 232.5 (a) The executive director of the teachers retirement 232.6 association, the secretary of the Duluth teachers retirement 232.7 fund association, the executive director of the Minneapolis 232.8 teachers retirement fund association, and the secretary of the 232.9 St. Paul teachers retirement fund association jointly shall 232.10 prepare a report detailing the steps that would be necessary to 232.11 create a restructured teacher retirement plan if the legislature 232.12 subsequently determines that this restructuring would be in the 232.13 best interests of the state, its taxpayers, and the public 232.14 education community. 232.15 (b) In preparing the report, the pension plan 232.16 administrators must establish and consult with a task force. 232.17 The task force must consist of representatives of the affected 232.18 employing units and representatives of the collective bargaining 232.19 organizations representing members of the affected pension plans. 232.20 (c) The report must include the draft proposed legislation 232.21 that would be required to create a restructured teacher 232.22 retirement plan as well as a detailed schedule and timetable of 232.23 the completion steps for the creation of a restructured teacher 232.24 retirement plan. 232.25 (d) The report must be filed by February 15, 2003, with the 232.26 chair of the legislative commission on pensions and retirement, 232.27 the chair of the senate committee on state and local government 232.28 operations, and the chair of the house committee on government 232.29 operations and veterans affairs policy. 232.30 Sec. 24. [MANDATED STUDY.] 232.31 The legislative commission on pensions and retirement, 232.32 using information from the July 1, 2002, public employees 232.33 retirement association actuarial valuation performed by the 232.34 actuary retained by the commission, from available experience 232.35 study or studies prepared by the actuary, and from any other 232.36 sources or documents deemed applicable by the commission, shall 233.1 study the funding requirements of the public employees 233.2 retirement association. If further changes in funding from 233.3 contributions, state aid, or any other applicable source is 233.4 deemed appropriate, the legislative commission on pensions and 233.5 retirement shall report recommendations to the chair of the 233.6 House government operations and veterans affairs policy 233.7 committee and to the chair of the Senate state and local 233.8 government operations committee by March 1, 2003. 233.9 Sec. 25. [EFFECTIVE DATE.] 233.10 (a) Sections 1, 6, and 15 are effective June 30, 2001. 233.11 (b) Sections 2, 3, 4, 5, 7, 8, 9, 10, 11, 13, and 20 are 233.12 effective July 1, 2002. 233.13 (c) Section 21 is effective for actuarial valuations 233.14 prepared after June 1, 2001. 233.15 (d) Sections 12, 14, 16, 17, 18, and 19 are effective July 233.16 1, 2001. 233.17 (e) Sections 22 to 24 are effective on the day following 233.18 final enactment. 233.19 ARTICLE 12 233.20 MINNESOTA STATE COLLEGES AND 233.21 UNIVERSITIES SYSTEM RETIREMENT PROVISIONS 233.22 Section 1. Minnesota Statutes 2000, section 354.41, 233.23 subdivision 4, is amended to read: 233.24 Subd. 4. [MEMBERSHIP ELIGIBILITY FOR LABOR ORGANIZATION 233.25 EMPLOYEES.] (a) A person who is a member on an authorized leave 233.26 of absence and is employed as an employee or officer bythe233.27Minnesota federation of teachers or its affiliated branches233.28within the state, the Minnesota education association, the233.29Minnesota association of school principals, the Minnesota233.30association of secondary school principals or the Minnesotaa 233.31 labor organization that is the exclusive bargaining agent 233.32 representing teachers covered by this chapter or by an 233.33 association of school administrators may elect to be a 233.34 coordinated member of the association based on that employment, 233.35 subject to the limitations set forth in subdivisions 4a and 4b. 233.36 However, no person is entitled to membership under this section 234.1 if the person also is a member of a teachers retirement 234.2 association in a city of the first class organized under chapter 234.3 354A for the same period of service. 234.4 (b) The election must be made within 90 days of commencing 234.5 employment by the labor organization. 234.6 Sec. 2. [354B.32] [TRANSFER OF FUNDS TO IRAP.] 234.7 A participant in the individual retirement account plan 234.8 established in this chapter who has less than ten years of 234.9 allowable service under the teachers retirement association or 234.10 the teachers retirement fund association may elect to transfer 234.11 an amount equal to the participant's accumulated member 234.12 contributions to the teachers retirement association or the 234.13 teachers retirement fund association, plus compound interest at 234.14 the rate of six percent per annum, to the individual retirement 234.15 account plan. The transfers are irrevocable fund to fund 234.16 transfers, and in no event may the participant receive direct 234.17 payment of the money transferred prior to retirement. If a 234.18 participant elects the contribution transfer, all of the 234.19 participant's allowable and formula service credit in the 234.20 teachers retirement association or the teachers retirement fund 234.21 association associated with the transferred amount is forfeited. 234.22 The executive director of the teachers retirement 234.23 association and the chief administrative officers of the 234.24 teachers retirement fund associations, in cooperation with the 234.25 chancellor of the Minnesota state colleges and universities, 234.26 shall notify participants who are eligible to transfer of their 234.27 right to transfer and the amount that they are eligible to 234.28 transfer, and shall, upon request, provide forms to implement 234.29 the transfer. The chancellor of the Minnesota state colleges 234.30 and universities shall assist the teachers retirement 234.31 association and the teachers retirement fund associations in 234.32 developing transfer forms and in implementing the transfers. 234.33 Authority to elect a transfer under this section expires on 234.34 July 1, 2004. 234.35 Sec. 3. [REPEALER.] 234.36 Minnesota Statutes 2000, section 354.41, subdivision 9, is 235.1 repealed. 235.2 Sec. 4. [EFFECTIVE DATE.] 235.3 (a) Sections 1 to 3 are effective the day following final 235.4 enactment. 235.5 (b) Coverage under section 1 applies to employment as an 235.6 officer of the interfaculty organization on or after July 1, 235.7 1996. 235.8 ARTICLE 13 235.9 LOCAL POLICE AND PAID FIRE PENSION PLANS 235.10 Section 1. Minnesota Statutes 2000, section 423B.05, is 235.11 amended by adding a subdivision to read: 235.12 Subd. 4. [RIGHT TO PARTICIPATE BY MAIL-IN BALLOT.] Active 235.13 members, retired members, and surviving spouse members of the 235.14 relief association have the right to participate in the election 235.15 of board members of the association by mail-in ballot. 235.16 Sec. 2. Minnesota Statutes 2000, section 423B.05, is 235.17 amended by adding a subdivision to read: 235.18 Subd. 5. [MAIL-IN REFERENDUM ON VOTING BY MAIL.] (a) The 235.19 board of the association is authorized to submit the following 235.20 question in a binding member referendum to be conducted by mail: 235.21 "Shall the bylaws of the Minneapolis police relief 235.22 association be amended to allow future proposed 235.23 amendments to the bylaws of the relief association 235.24 to be approved by a vote of relief association members 235.25 by mail? 235.26 Yes ........ 235.27 No ........" 235.28 (b) The board of the relief association shall conduct the 235.29 referendum by mailing a printed copy of the referendum question 235.30 and of the ballot to all active members, retired members, and 235.31 surviving spouse members in accordance with the voting 235.32 procedures that the board of the relief association used in the 235.33 most recent board election prior to March 1, 2001. 235.34 (c) Before submitting the referendum question to a vote by 235.35 the relief association membership, the relief association board 235.36 shall solicit the opinions of relief association members for the 236.1 question and against the question. The solicitation for member 236.2 comments must be included in the next regular relief association 236.3 communication to relief association members following the 236.4 proposal of the bylaw amendment and on the Internet Web site of 236.5 the relief association. The comment period continues for 30 236.6 days. The executive director of the relief association shall 236.7 prepare a summary of the comments of relief association members 236.8 for and against the question in a fair and impartial manner. A 236.9 draft of the summary document must be placed on the Internet Web 236.10 site of the relief association for five days. If a relief 236.11 association board member challenges the objectivity of the draft 236.12 summary, the draft summary must be reviewed by a neutral third 236.13 party. The neutral third party must be an accredited 236.14 professional mediator. The relief association executive 236.15 director shall include the recommendations of the neutral third 236.16 party in the final summary document. The written summary 236.17 prepared by the relief association executive director must be 236.18 included with the question and the ballot mailed to relief 236.19 association members. 236.20 (d) Balloting procedures must be designed to maintain 236.21 secrecy as to the identity of voting members. The receipt of 236.22 returned ballots and the counting of those ballots must be 236.23 conducted by an accounting firm designated by the relief 236.24 association board to perform those functions. 236.25 (e) For adoption, the question must receive favorable votes 236.26 from two-thirds of the relief association members who return 236.27 ballots on the question. 236.28 (f) If the question in paragraph (a) is approved in the 236.29 referendum, future bylaw amendments must be conducted in the 236.30 same manner as provided in this subdivision. 236.31 Sec. 3. [EVELETH RETIRED POLICE AND FIRE TRUST FUND; AD 236.32 HOC POSTRETIREMENT ADJUSTMENT.] 236.33 In addition to the current pensions and other retirement 236.34 benefits payable, the pensions and retirement benefits payable 236.35 to retired police officers and firefighters and their surviving 236.36 spouses by the Eveleth police and fire trust fund are increased 237.1 by $100 per month. Increases are retroactive to January 1, 2001. 237.2[EFFECTIVE DATE.] This section is effective on the day 237.3 after the date on which the Eveleth city council and the chief 237.4 clerical officer of the city of Eveleth complete in a timely 237.5 manner their compliance with Minnesota Statutes, section 237.6 645.021, subdivisions 2 and 3. 237.7 ARTICLE 14 237.8 VOLUNTEER FIREFIGHTER RELIEF ASSOCIATION PROVISIONS 237.9 Section 1. [424A.021] [QUALIFICATION FOR SERVICE PENSION 237.10 IN CERTAIN INSTANCES.] 237.11 Notwithstanding any provision to the contrary of section 237.12 424A.001, subdivision 9; or 424A.02, subdivision 1, paragraph 237.13 (d), or subdivision 9b, a member of a volunteer firefighter 237.14 relief association who has terminated active membership in the 237.15 relief association and has otherwise qualified for a service 237.16 pension is entitled to receive a service pension from the relief 237.17 association despite subsequent employment of the person by the 237.18 applicable city or nonprofit firefighting corporation to perform 237.19 duties as fire chief or as fire inspector within the municipal 237.20 fire department or corporation on a full-time basis. 237.21 Sec. 2. Minnesota Statutes 2000, section 424A.04, is 237.22 amended by adding a subdivision to read: 237.23 Subd. 3. [CONDITIONS ON RELIEF ASSOCIATION 237.24 CONSULTANTS.] (a) If a volunteer firefighter relief association 237.25 hires or contracts with a consultant to provide legal or 237.26 financial advice, the association shall obtain and the 237.27 consultant shall provide a copy of the consultant's certificate 237.28 of insurance. 237.29 (b) A consultant is any person who is employed under 237.30 contract to provide legal or financial advice and who is or who 237.31 represents to the volunteer firefighter relief association that 237.32 the person is: 237.33 (1) an actuary; 237.34 (2) a licensed public accountant or a certified public 237.35 accountant; 237.36 (3) an attorney; 238.1 (4) an investment advisor or manager, or an investment 238.2 counselor; 238.3 (5) an investment advisor or manager selection consultant; 238.4 (6) a pension benefit design advisor or consultant; or 238.5 (7) any other financial consultant. 238.6 Sec. 3. [EFFECTIVE DATE.] 238.7 Sections 1 and 2 are effective July 1, 2001. 238.8 ARTICLE 15 238.9 ONE PERSON OR SMALL GROUP SERVICE CREDIT PURCHASES 238.10 Section 1. [TEACHERS RETIREMENT ASSOCIATION; SABBATICAL 238.11 LEAVE OF ABSENCE SERVICE CREDIT PURCHASE.] 238.12 (a) An eligible person described in paragraph (b) is 238.13 entitled to purchase 0.34 of a year of allowable and formula 238.14 service credit from the teachers retirement association. 238.15 (b) An eligible person is a person who: 238.16 (1) was born on August 7, 1942; 238.17 (2) was employed by independent school district No. 11, 238.18 Anoka-Hennepin, on August 28, 1970; 238.19 (3) was on a sabbatical leave of absence from July 1, 1977, 238.20 to June 30, 1978; and 238.21 (4) due to inadvertent clerical error by independent school 238.22 district No. 11, Anoka-Hennepin, did not have full contributions 238.23 for the sabbatical leave made in a timely fashion and 0.654 of a 238.24 year of service credit was credited rather than one year of 238.25 service for the sabbatical leave. 238.26 (c) To purchase the service credit under this section, the 238.27 eligible person must pay to the teachers retirement association 238.28 the amount of the shortage in member contributions for the 238.29 sabbatical leave period plus interest from June 30, 1978, to the 238.30 date on which payment is made at an annual compound rate of 8.5 238.31 percent. Authority to make this payment expires on July 1, 238.32 2002, or the date of termination of service, whichever is 238.33 earlier. 238.34 (d) If the eligible person makes the payment required in 238.35 paragraph (c) in a timely manner, independent school district 238.36 No. 11, Anoka-Hennepin, may pay the balance of the full prior 239.1 service credit purchase payment amount calculated under 239.2 Minnesota Statutes, section 356.55 or 356.551, whichever 239.3 applies. If independent school district No. 11, Anoka-Hennepin, 239.4 does not pay the balance within 30 days of notification by the 239.5 executive director of the teachers retirement association of the 239.6 payment of the member contribution payment by the eligible 239.7 person under paragraph (c), the executive director shall notify 239.8 the commissioner of finance of that fact and the commissioner 239.9 shall deduct from any state aid payable to independent school 239.10 district No. 11, Anoka-Hennepin, that amount, plus interest on 239.11 that amount of 1.5 percent per month for each month or portion 239.12 of a month that has elapsed from the effective date of this 239.13 section. 239.14 (e) The eligible person shall provide any relevant 239.15 documentation related to eligibility to make this service credit 239.16 purchase that is required by the executive director of the 239.17 teachers retirement association. 239.18 Sec. 2. [TEACHERS RETIREMENT ASSOCIATION; PURCHASE OF 239.19 EXTENDED LEAVE OF ABSENCE SERVICE CREDIT.] 239.20 (a) An eligible person, as described in paragraph (b), is 239.21 entitled to purchase allowable and formula service credit in the 239.22 teachers retirement association for the period specified in 239.23 paragraph (c) by making the payment specified in Minnesota 239.24 Statutes, section 356.55. 239.25 (b) An eligible person is a person who: 239.26 (1) was born on May 25, 1948; 239.27 (2) was employed by the Hutchinson public schools for 26 239.28 years; 239.29 (3) was granted an extended leave of absence on May 27, 239.30 1997; and 239.31 (4) due to a clerical error within the person's electrical 239.32 business, omitted payment of contributions under Minnesota 239.33 Statutes, section 354.094, for the 1997-1998 school year. 239.34 (c) The prior service credit purchase period is the 239.35 1997-1998, 1998-1999, and 1999-2000 school years. 239.36 (d) The service credit purchase authority expires on June 240.1 29, 2001, or the date of the person's retirement, whichever is 240.2 earlier. 240.3 Sec. 3. [PUBLIC EMPLOYEES RETIREMENT ASSOCIATION; PURCHASE 240.4 OF PREVIOUSLY UNCREDITED WHITE BEAR LAKE PUBLIC SCHOOL CLERICAL 240.5 SERVICE.] 240.6 (a) An eligible person described in paragraph (b) is 240.7 entitled to receive credit for one year of allowable service 240.8 from the public employees retirement association on June 30, 240.9 2001. 240.10 (b) An eligible person is a person who: 240.11 (1) was born on July 24, 1939; 240.12 (2) was initially employed by independent school district 240.13 No. 624, White Bear Lake, as a casual clerical employee on March 240.14 15, 1971; 240.15 (3) was subsequently employed as a full-time clerical 240.16 employee by independent school district No. 624, White Bear 240.17 Lake, from the 1973-1974 school year until the 1990-1991 school 240.18 year; 240.19 (4) was subsequently employed as a teacher by independent 240.20 school district No. 624, White Bear Lake, from August 26, 1991; 240.21 and 240.22 (5) was not included in coverage by the public employees 240.23 retirement association for full-time clerical employment during 240.24 the 1973-1974 school year. 240.25 (c) The prior service credit purchase payment must be 240.26 determined under Minnesota Statutes, section 356.55 or 356.551, 240.27 whichever provision is in effect, and must include the impact of 240.28 the purchase on the eligible person's prospective retirement 240.29 annuity from the teachers retirement association. 240.30 Notwithstanding any provision of Minnesota Statutes, section 240.31 356.55 or 356.551, to the contrary, independent school district 240.32 No. 624, White Bear Lake, is obligated to pay the full required 240.33 service credit payment, including any amount attributable to the 240.34 teachers retirement association. If the school district does 240.35 not make payment of the service credit purchase amount by June 240.36 30, 2001, the executive director of the public employees 241.1 retirement association and the executive director of the 241.2 teachers retirement association shall notify the commissioner of 241.3 finance of the school district's failure. Following 241.4 notification, the commissioner of finance shall deduct the 241.5 required amount from any state aid otherwise payable to 241.6 independent school district No. 624, White Bear Lake, and shall 241.7 transfer the appropriate amounts to the public employees 241.8 retirement fund and the teachers retirement fund. 241.9 (d) The eligible person must provide the executive director 241.10 of the public employees retirement association with necessary 241.11 documentation of the applicability of this section and with any 241.12 other relevant information that the executive director may 241.13 require. 241.14 Sec. 4. [MINNEAPOLIS TEACHERS RETIREMENT FUND ASSOCIATION; 241.15 SERVICE CREDIT PURCHASE AUTHORIZATION.] 241.16 (a) Notwithstanding any provision of law to the contrary, 241.17 an eligible person described in paragraph (b) is authorized to 241.18 purchase allowable service credit under procedures specified in 241.19 Minnesota Statutes, section 356.55 or 356.551, whichever is in 241.20 effect, from the Minneapolis teachers retirement fund 241.21 association for the period described in paragraph (c). 241.22 (b) An eligible person is a person who: 241.23 (1) was born on July 21, 1941; 241.24 (2) initially was employed as a teacher by independent 241.25 school district No. 281, Robbinsdale, in December 1962; 241.26 (3) began employment as a teacher in special school 241.27 district No. 1, Minneapolis, in August 1985; 241.28 (4) currently is a special education teacher at the Webster 241.29 open school; and 241.30 (5) had no retirement contributions or social security 241.31 contributions withheld from compensation by special school 241.32 district No. 1, Minneapolis, for the 1985-1986 school year. 241.33 (c) The allowable service credit purchase period is the 241.34 1985-1986 school year. 241.35 (d) The eligible person must provide all relevant 241.36 documentation of the applicability of the requirements set forth 242.1 in paragraph (b) and any other applicable information that the 242.2 executive director of the Minneapolis teachers retirement fund 242.3 association may request. 242.4 (e) Allowable service credit for the purchase period must 242.5 be granted by the Minneapolis teachers retirement fund 242.6 association to the eligible person upon receipt of the payment 242.7 amounts. If the service credit purchase created additional 242.8 liabilities in the teachers retirement association, the 242.9 applicable portion of the full payment amounts shall be 242.10 transferred to that association. 242.11 (f) The prior service credit purchase authority expires on 242.12 July 1, 2001, or on the date of the termination of active 242.13 teaching service with special school district No. 1, 242.14 Minneapolis, by the eligible person, whichever occurs earlier. 242.15 Sec. 5. [PUBLIC EMPLOYEES RETIREMENT ASSOCIATION; PAYMENT 242.16 OF OMITTED SALARY DEDUCTIONS.] 242.17 Subdivision 1. [APPLICATION.] A person who was born on 242.18 February 1, 1961, who was employed by Lac Qui Parle county in 242.19 March 1989, June 1989, and July 1989, but who first had public 242.20 employees retirement association member contributions deducted 242.21 in August 1989, is entitled to purchase service credit from the 242.22 public employees retirement association for the service in 242.23 March, June, and July 1989. 242.24 Subd. 2. [PAYMENT.] (a) The purchase payment amount for 242.25 the service credit purchase authorized in subdivision 1 is 242.26 governed by Minnesota Statutes, section 356.55 or 356.551, 242.27 whichever is applicable. 242.28 (b) To purchase the allowable service credit, the eligible 242.29 person must pay an amount equal to the employee contribution 242.30 rate or rates in effect during the service credit purchase 242.31 period applied to the actual salary in effect during that 242.32 period, plus 8.5 percent compound annual interest from the date 242.33 the contributions should have been made until the date of actual 242.34 payment. 242.35 (c) Upon receipt of the payment by the eligible person as 242.36 specified under paragraph (b), the executive director of the 243.1 public employees retirement association shall notify the chief 243.2 administrative officer of Lac Qui Parle county of that fact. 243.3 Within 30 days of that notification, Lac Qui Parle county shall 243.4 pay to the public employees retirement association the balance 243.5 of the service credit purchase payment amount under Minnesota 243.6 Statutes, section 356.55 or 356.551, whichever is in effect, 243.7 that is not paid by the eligible person. 243.8 (d) If Lac Qui Parle county does not make the payments 243.9 required by paragraph (c) in a timely fashion, the executive 243.10 director of the public employees retirement association shall 243.11 notify the commissioner of finance, who shall then deduct the 243.12 required amounts from any state aid payable to the county, plus 243.13 interest at the rate of one percent per month or part of a month 243.14 that has elapsed since the date on which the eligible person 243.15 made payment under paragraph (b). 243.16 Subd. 3. [APPLICATION; DOCUMENTATION.] A person described 243.17 in subdivision 1 must apply to the executive director of the 243.18 public employees retirement association to make the purchase. 243.19 The application must be on a form provided by the executive 243.20 director and must include all necessary documentation of the 243.21 applicability of this section and any other relevant information 243.22 that the executive director may require. 243.23 Subd. 4. [LIMITATION.] Authority under this section 243.24 expires on July 1, 2002, or upon termination of service, 243.25 whichever is earlier. 243.26 Sec. 6. [PUBLIC EMPLOYEES RETIREMENT ASSOCIATION; PAYMENT 243.27 OF OMITTED SALARY DEDUCTION.] 243.28 Subdivision 1. [APPLICATION.] (a) An eligible person 243.29 described in paragraph (b) and an eligible person described in 243.30 paragraph (c) are authorized to purchase service credit in the 243.31 public employees retirement association general plan for the 243.32 period specified in paragraph (d). 243.33 (b) An eligible person is a person who: 243.34 (1) was born on February 11, 1948; 243.35 (2) is currently a member of the public employees 243.36 retirement association general plan; and 244.1 (3) is currently employed by the Minneapolis park board and 244.2 was first employed by that board on March 8, 1983. 244.3 (c) An eligible person is a person who: 244.4 (1) was born on August 12, 1936; 244.5 (2) is currently a member of the public employees 244.6 retirement association general plan; and 244.7 (3) is currently employed by the Minneapolis park board and 244.8 was first employed by that board on April 4, 1983. 244.9 (d) The service credit purchase period is any period of 244.10 previously uncredited service, unless properly excluded under 244.11 law, during which the eligible person in paragraph (b) or (c), 244.12 as applicable, was employed by the Minneapolis park board 244.13 following the date on which, under applicable requirements of 244.14 public employees retirement association law, the applicable 244.15 eligible person should have been reported for plan membership. 244.16 Subd. 2. [PAYMENT.] The purchase payment for the service 244.17 credit purchases authorized in subdivision 1 is governed by 244.18 Minnesota Statutes, section 356.55 or 356.551, whichever is 244.19 applicable. 244.20 Subd. 3. [DOCUMENTATION.] A person described in 244.21 subdivision 1 must apply to the executive director of the public 244.22 employees retirement association to make the purchase. The 244.23 application must be in writing and must include all necessary 244.24 documentation of the applicability of this section and any other 244.25 relevant information required by the executive director. 244.26 Subd. 4. [APPLICATION DATE.] Authority to purchase service 244.27 credit under this section terminates on January 1, 2002, or upon 244.28 termination of the applicable person from service. 244.29 Sec. 7. [PERA-COORDINATED RETIREMENT PLAN; SERVICE CREDIT 244.30 PURCHASE AUTHORIZED.] 244.31 (a) Notwithstanding any provision of law to the contrary, 244.32 an eligible person described in paragraph (b) is authorized to 244.33 purchase allowable service credit from the coordinated plan of 244.34 the public employees retirement system for the period described 244.35 in paragraph (c) by making a prior service credit purchase 244.36 payment required under Minnesota Statutes, section 356.55 or 245.1 356.551, whichever is applicable. Notwithstanding the authority 245.2 in these sections, neither the Minneapolis employees retirement 245.3 fund nor the city of Minneapolis is authorized to pay any 245.4 portion of the purchase payment amount. 245.5 (b) An eligible person is a person who: 245.6 (1) is a current employee of the Minneapolis employees 245.7 retirement fund and is a current member of the coordinated plan 245.8 of the public employees retirement association and an inactive 245.9 member of the unclassified retirement plan of the Minnesota 245.10 state retirement system; 245.11 (2) was born on April 26, 1949; 245.12 (3) was employed as a full-time instructor temporary 245.13 classification on August 15, 1981, by the accounting department, 245.14 Carlson school of management, University of Minnesota; and 245.15 (4) was subsequently reappointed annually as a full-time 245.16 instructor temporary classification for an additional three 245.17 years and terminated employment on August 14, 1985. 245.18 (c) The allowable service credit purchase period is the 245.19 period described in paragraph (b), clauses (3) and (4). 245.20 (d) The eligible person must provide all relevant 245.21 documentation of the applicability of the requirements in 245.22 paragraph (b) and any other applicable information that the 245.23 executive director of the public employees retirement 245.24 association may request. 245.25 (e) Allowable service credit for the purchase period must 245.26 be granted by the coordinated plan of the public employees 245.27 retirement fund to the eligible person upon receipt of the prior 245.28 service credit purchase payment amount. 245.29 (f) The prior service credit purchase authority expires on 245.30 July 1, 2002, or on the date of termination of active service 245.31 covered by the public employees retirement association by the 245.32 eligible person, whichever occurs earlier. 245.33 Sec. 8. [PUBLIC EMPLOYEES POLICE AND FIRE PLAN; PURCHASE 245.34 OF PRIOR SERVICE CREDIT.] 245.35 Subdivision 1. [AUTHORIZATION.] A member of the public 245.36 employees retirement association police and fire plan who was 246.1 born on August 2, 1951, who was employed by the city of Brainerd 246.2 as a police officer before February 29, 1996, and who has at 246.3 least three years of allowable service credit with the public 246.4 employees retirement association police and fire fund is 246.5 entitled to purchase up to ten years of allowable service credit 246.6 for employment by the city of Brainerd as a full-time police 246.7 officer in a position that was not covered by the police and 246.8 fire fund but was covered by a local relief association governed 246.9 by Minnesota Statutes, section 69.77. This authorization 246.10 applies notwithstanding any contrary provision of Minnesota 246.11 Statutes, section 353A.10. To purchase service credit, an 246.12 eligible person must make payments required under Minnesota 246.13 Statutes, section 356.55 or 356.551, whichever is applicable. 246.14 This authorization applies only if the person is not entitled to 246.15 receive a current or deferred service pension or retirement 246.16 annuity or a current disability benefit from another Minnesota 246.17 public pension plan, including a local police relief 246.18 association, for that service. 246.19 Subd. 2. [APPLICATION AND DOCUMENTATION.] A person who 246.20 desires to purchase service credit under subdivision 1 must 246.21 apply in writing with the executive director of the public 246.22 employees retirement association to make the purchase. The 246.23 application must include all necessary documentation of the 246.24 person's qualifications to make the purchase, signed written 246.25 permission to allow the executive director to request and 246.26 receive necessary verification of applicable facts and 246.27 eligibility requirements, and any other relevant information 246.28 that the executive director may require. 246.29 Subd. 3. [SERVICE CREDIT GRANT.] Allowable service credit 246.30 for the purchase period must be granted by the public employees 246.31 retirement association to the purchasing person only upon 246.32 receipt of the purchase payment amount. Payment must be made 246.33 before the person's effective date of retirement. 246.34 Sec. 9. [PUBLIC EMPLOYEES RETIREMENT ASSOCIATION; PURCHASE 246.35 OF SERVICE FOR UNCREDITED SERVICE AS A MEMBER OF THE ST. PAUL 246.36 CITY COUNCIL.] 247.1 Subdivision 1. [APPLICABILITY.] This section applies to a 247.2 person: 247.3 (1) who was born September 10, 1938; 247.4 (2) who began service as a member of the St. Paul city 247.5 council in 1970; 247.6 (3) who was eligible for membership in the public employees 247.7 retirement association for the period from July 1, 1974, to 247.8 March 31, 1975; 247.9 (4) for whom no employer contributions were paid and no 247.10 employee contributions deducted by the city of St. Paul for the 247.11 period described in clause (3); and 247.12 (5) who retired September 1, 2000, and is currently 247.13 receiving retirement annuities from the St. Paul teachers 247.14 retirement fund association, the public employees retirement 247.15 association general plan, and the Minnesota state retirement 247.16 system general plan. 247.17 Subd. 2. [PURCHASE OF SERVICE.] (a) A person described in 247.18 subdivision 1 may purchase service credit under Minnesota 247.19 Statutes, section 356.55, in the public employees retirement 247.20 association general plan for the period described in subdivision 247.21 1, clause (3). 247.22 (b) To purchase the allowable service credit, the eligible 247.23 person must pay an amount equal to the employee contribution 247.24 rate or rates in effect during the service credit purchase 247.25 period applied to the actual salary in effect during that 247.26 period, plus 8.5 percent compound annual interest from the date 247.27 the contributions should have been made until the date of actual 247.28 payment. 247.29 (c) Upon receipt of the payment under paragraph (b) by the 247.30 eligible person, the executive director of the public employees 247.31 retirement association shall notify the chief administrative 247.32 officer of the city of St. Paul of that fact. Within 30 days of 247.33 that notification, the city of St. Paul shall pay to the public 247.34 employees retirement association the balance of the service 247.35 credit purchase payment amount under Minnesota Statutes, section 247.36 356.55, that is not paid by the eligible person. 248.1 (d) If the city of St. Paul does not make the payments 248.2 required by paragraph (c) in a timely fashion, the executive 248.3 director of the public employees retirement association shall 248.4 notify the commissioner of finance, who shall then deduct the 248.5 required amounts from any state aid payable to the city, plus 248.6 interest at the rate of one percent per month or part of a month 248.7 that has elapsed since the date on which the eligible person 248.8 made payment under paragraph (b). 248.9 Subd. 3. [APPLICATION; DOCUMENTATION.] A person described 248.10 in subdivision 1 must apply to the executive director of the 248.11 public employees retirement association to make the purchase. 248.12 The application must be on a form provided by the executive 248.13 director and must include all necessary documentation of the 248.14 applicability of this section and any other relevant information 248.15 that the executive director may require. 248.16 Subd. 4. [LIMITATION.] Authority under this section 248.17 expires on July 1, 2001. 248.18 Subd. 5. [BENEFIT REVISION DATE.] The annuity of the 248.19 eligible individual under subdivision 1 is to be revised on the 248.20 first day of the month following the month in which the full 248.21 purchase price determined under subdivision 2 is received by the 248.22 public employees retirement association. 248.23 Subd. 6. [LUMP-SUM PAYMENT.] The public employees 248.24 retirement association shall also pay the person described in 248.25 subdivision 1 a lump-sum amount equal to the difference between 248.26 the annuity received from the association from September 1, 248.27 2000, to the date of payment for the service credit and the 248.28 amount the person would have received with the additional 248.29 service credit purchased under this section. 248.30 Sec. 10. [PUBLIC EMPLOYEES POLICE AND FIRE PLAN; PURCHASE 248.31 OF SERVICE CREDIT FOR EMPLOYEE ERRONEOUSLY ENROLLED IN 248.32 PERA-GENERAL.] 248.33 (a) Notwithstanding any provision of law to the contrary, 248.34 an eligible person described in paragraph (b) is authorized to 248.35 elect to transfer past service credit for the period May 5, 248.36 1983, to August 29, 1987, in the general employee retirement 249.1 plan of the public employees retirement association to the 249.2 public employees police and fire retirement plan. The transfer 249.3 includes the transfer of assets provided for in paragraph (c). 249.4 The transfer occurs following the receipt by the executive 249.5 director of the public employees retirement association of the 249.6 payment amounts specified in paragraphs (d) and (e). 249.7 (b) An eligible person is a person who: 249.8 (1) was born on October 23, 1956; 249.9 (2) was hired as a part-time town constable by White Bear 249.10 township from May 5, 1983, to August 29, 1987; and 249.11 (3) was covered by the general employees retirement plan of 249.12 the public employees retirement association rather than the 249.13 public employees police and fire retirement plan for this public 249.14 safety employer service. 249.15 (c) Assets equal to 86.31 percent of the actuarial accrued 249.16 liability of the general employees retirement plan of the public 249.17 employees retirement association determined with respect to the 249.18 eligible person by the actuary retained by the legislative 249.19 commission on pensions and retirement in accordance with 249.20 Minnesota Statutes, section 356.215, must be transferred from 249.21 the general employees retirement fund to the public employees 249.22 police and fire retirement fund. The expense of the legislative 249.23 commission on pensions and retirement related to these 249.24 calculations must be reimbursed by the public employees police 249.25 and fire fund. The transfer of assets must be made within 30 249.26 days of the date on which the eligible employee elects to 249.27 transfer past service credit to the public employees police and 249.28 fire retirement plan. 249.29 (d) To obtain the service credit transfer under this 249.30 section, the eligible person must pay to the public employees 249.31 police and fire retirement plan the difference between the 249.32 member contribution rate of the general employees retirement 249.33 plan of the public employees retirement association and the 249.34 member contribution rate of the public employees police and fire 249.35 retirement plan for the period May 5, 1983, to August 29, 1987, 249.36 applied to the eligible person's average salary for that period, 250.1 plus 8.5 percent compound annual interest on the total from July 250.2 1, 1985, to the date of payment. Authority for the eligible 250.3 person to make the payment under this paragraph expires on July 250.4 1, 2002. 250.5 (e) If the eligible person makes the required payment under 250.6 paragraph (d) in a timely manner, the executive director of the 250.7 public employees retirement association shall notify the 250.8 clerk-treasurer of White Bear township of that fact. Within 30 250.9 days of that notification, White Bear township shall pay to the 250.10 public employees police and fire fund: (1) the balance of the 250.11 payment amount calculated under Minnesota Statutes, section 250.12 356.55 or 356.551, whichever is in effect, that exceeds the 250.13 total of the amount transferred under paragraph (c) and the 250.14 amount paid by the eligible person under paragraph (d); and (2) 250.15 the cost associated with the actuarial calculation under 250.16 paragraph (c). If White Bear township does not make the payment 250.17 required by the paragraph in a timely fashion, the executive 250.18 director of the public employees retirement association shall 250.19 notify the commissioner of finance of that fact, who shall then 250.20 deduct the required amount from any subsequent state aid or 250.21 other state payments to the township, plus interest at the rate 250.22 of one percent per month or a part of a month that has elapsed 250.23 since the date on which the eligible person made payment under 250.24 paragraph (d). 250.25 (f) The eligible person must elect to make the service 250.26 credit transfer on a form prescribed by the executive director 250.27 of the public employees retirement association. The eligible 250.28 person must supply all necessary documentation of the 250.29 applicability of this section and any other relevant information 250.30 that the executive director may require. 250.31 (g) Authority under this section expires on July 1, 2002, 250.32 or upon the retirement of the eligible person from the general 250.33 employees retirement plan of the public employees retirement 250.34 association or from the public employees police and fire 250.35 retirement plan, whichever is earlier. 250.36 Sec. 11. [EFFECTIVE DATE.] 251.1 (a) Sections 1 to 10 are effective the day following final 251.2 enactment. 251.3 (b) Section 8 is repealed effective May 16, 2002.