1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to state government; codifying transfer of 1.3 planning office to Department of Administration; 1.4 authorizing forward pricing for energy purchases; 1.5 reinstating Small Business Procurement Advisory 1.6 Council; establishing a technology enterprise fund; 1.7 amending Minnesota Statutes 2002, sections 4A.03; 1.8 4A.04; 4A.05, subdivisions 1, 1a, 2; 4A.07, 1.9 subdivisions 2, 3, 4, 5; 16B.87, subdivision 1; 1.10 16C.17, subdivision 2; 116.182, subdivision 3a; 1.11 116C.03, subdivisions 4, 5; 116C.712, subdivisions 3, 1.12 5; 124D.23, subdivision 9; 299C.65, subdivision 2; 1.13 414.01, subdivisions 1, 16; 414.011, subdivision 11; 1.14 414.031, subdivision 4a; 414.12, subdivision 3; 1.15 572A.02, subdivisions 2, 5; Minnesota Statutes 2003 1.16 Supplement, sections 4.045; 4A.02; 14.3691, 1.17 subdivision 2; 15A.0815, subdivision 2; 16E.01, 1.18 subdivision 3; 40A.121, subdivision 1; 43A.08, 1.19 subdivision 1; 103F.211, subdivision 2; 116C.03, 1.20 subdivision 2; 145.9255, subdivision 1; 145.9266, 1.21 subdivision 6; 145.951; 245.697, subdivision 2a; 1.22 272.67, subdivision 1; 276A.09; 299A.293, subdivision 1.23 1; 365.46, subdivision 2; 379.05; 412.021, subdivision 1.24 1; 412.091; 469.334, subdivision 1; 473F.13, 1.25 subdivision 1; 473H.14; 477A.014, subdivision 4; 1.26 572A.015, subdivision 2; 572A.02, subdivision 6; 1.27 611A.78, subdivision 1; proposing coding for new law 1.28 in Minnesota Statutes, chapter 16C; repealing 1.29 Minnesota Statutes 2002, sections 4A.01; 394.232, 1.30 subdivisions 1, 3, 4, 5, 6, 7, 8; 414.01, subdivision 1.31 7a; 462.3535; 473.1455; 572A.01; 572A.03, subdivision 1.32 2; Minnesota Statutes 2003 Supplement, sections 1.33 119A.04, subdivision 3; 394.232, subdivision 2; 1.34 Minnesota Rules, part 4410.0200, subpart 1a. 1.35 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.36 ARTICLE 1 1.37 PLANNING OFFICE TRANSFER 1.38 Section 1. Minnesota Statutes 2003 Supplement, section 1.39 4.045, is amended to read: 1.40 4.045 [CHILDREN'S CABINET.] 2.1 The Children's Cabinet shall consist of the commissioners 2.2 of education, human services, economic security, public safety, 2.3 corrections, finance, health, administration, Housing Finance 2.4 Agency, and transportation, and the director of the Office of2.5Strategic and Long-Range Planning. The governor shall designate 2.6 one member to serve as cabinet chair. The chair is responsible 2.7 for ensuring that the duties of the Children's Cabinet are 2.8 performed. 2.9 Sec. 2. Minnesota Statutes 2003 Supplement, section 4A.02, 2.10 is amended to read: 2.11 4A.02 [STATE DEMOGRAPHER.] 2.12 (a) Thedirectorcommissioner of administration shall 2.13 appoint a state demographer. The demographer must be 2.14 professionally competent in demography and must possess 2.15 demonstrated ability based upon past performance. 2.16 (b) The demographer shall: 2.17 (1) continuously gather and develop demographic data 2.18 relevant to the state; 2.19 (2) design and test methods of research and data 2.20 collection; 2.21 (3) periodically prepare population projections for the 2.22 state and designated regions and periodically prepare 2.23 projections for each county or other political subdivision of 2.24 the state as necessary to carry out the purposes of this 2.25 section; 2.26 (4) review, comment on, and prepare analysis of population 2.27 estimates and projections made by state agencies, political 2.28 subdivisions, other states, federal agencies, or nongovernmental 2.29 persons, institutions, or commissions; 2.30 (5) serve as the state liaison with the United States 2.31 Bureau of the Census, coordinate state and federal demographic 2.32 activities to the fullest extent possible, and aid the 2.33 legislature in preparing a census data plan and form for each 2.34 decennial census; 2.35 (6) compile an annual study of population estimates on the 2.36 basis of county, regional, or other political or geographical 3.1 subdivisions as necessary to carry out the purposes of this 3.2 section and section 4A.03; 3.3 (7) by January 1 of each year, issue a report to the 3.4 legislature containing an analysis of the demographic 3.5 implications of the annual population study and population 3.6 projections; 3.7 (8) prepare maps for all counties in the state, all 3.8 municipalities with a population of 10,000 or more, and other 3.9 municipalities as needed for census purposes, according to scale 3.10 and detail recommended by the United States Bureau of the 3.11 Census, with the maps of cities showing precinct boundaries; 3.12 (9) prepare an estimate of population and of the number of 3.13 households for each governmental subdivision for which the 3.14 Metropolitan Council does not prepare an annual estimate, and 3.15 convey the estimates to the governing body of each political 3.16 subdivision by May 1 of each year; 3.17 (10) direct, under section 414.01, subdivision 14, and 3.18 certify population and household estimates of annexed or 3.19 detached areas of municipalities or towns after being notified 3.20 of the order or letter of approval by thedirectorcommissioner 3.21 of administration; 3.22 (11) prepare, for any purpose for which a population 3.23 estimate is required by law or needed to implement a law, a 3.24 population estimate of a municipality or town whose population 3.25 is affected by action under section 379.02 or 414.01, 3.26 subdivision 14; and 3.27 (12) prepare an estimate of average household size for each 3.28 statutory or home rule charter city with a population of 2,500 3.29 or more by May 1 of each year. 3.30 (c) A governing body may challenge an estimate made under 3.31 paragraph (b) by filing their specific objections in writing 3.32 with the state demographer by June 10. If the challenge does 3.33 not result in an acceptable estimate by June 24, the governing 3.34 body may have a special census conducted by the United States 3.35 Bureau of the Census. The political subdivision must notify the 3.36 state demographer by July 1 of its intent to have the special 4.1 census conducted. The political subdivision must bear all costs 4.2 of the special census. Results of the special census must be 4.3 received by the state demographer by the next April 15 to be 4.4 used in that year's May 1 estimate to the political subdivision 4.5 under paragraph (b). 4.6 Sec. 3. Minnesota Statutes 2002, section 4A.03, is amended 4.7 to read: 4.8 4A.03 [POPULATION ESTIMATES AND PROJECTIONS; SUBMISSION BY 4.9 STATE AGENCIES.] 4.10 Each state agency shall submit to thedirectorcommissioner 4.11 of administration for comment all population estimates and 4.12 projections prepared by it before: 4.13 (1) submitting the estimates and projections to the 4.14 legislature or the federal government to obtain approval of 4.15 grants; 4.16 (2) the issuance of bonds based upon those estimates and 4.17 projections; or 4.18 (3) releasing a plan based upon the estimates and 4.19 projections. 4.20 Sec. 4. Minnesota Statutes 2002, section 4A.04, is amended 4.21 to read: 4.22 4A.04 [COOPERATIVE CONTRACTS.] 4.23 (a) Thedirectorcommissioner of administration may apply 4.24 for, receive, and expend money from municipal, county, regional, 4.25 and other planning agencies; apply for, accept, and disburse 4.26 grants and other aids for planning purposes from the federal 4.27 government and from other public or private sources; and may 4.28 enter into contracts with agencies of the federal government, 4.29 local governmental units, the University of Minnesota, and other 4.30 educational institutions, and private persons as necessary to 4.31 perform thedirector'scommissioner's duties. Contracts made 4.32 pursuant to this section are not subject to the provisions of 4.33 chapter 16C, as they relate to competitive bidding. 4.34 (b) Thedirectorcommissioner may apply for, receive, and 4.35 expend money made available from federal sources or other 4.36 sources for the purposes of carrying out the duties and 5.1 responsibilities of thedirectorcommissioner relating to local 5.2 and urban affairs. 5.3 (c) All money received by thedirectorcommissioner 5.4 pursuant to this section shall be deposited in the state 5.5 treasury and is appropriated to thedirectorcommissioner for 5.6 the purposes for which the money has been received. The money 5.7 shall not cancel and is available until expended. 5.8 Sec. 5. Minnesota Statutes 2002, section 4A.05, 5.9 subdivision 1, is amended to read: 5.10 Subdivision 1. [PURPOSE.] The purpose of the Land 5.11 Management Information Center is to foster integration of 5.12 environmental information and provide services in computer 5.13 mapping and graphics, environmental analysis, and small systems 5.14 development. Thedirectorcommissioner of administration, 5.15 through the center, shall periodically study land use and 5.16 natural resources on the basis of county, regional, and other 5.17 political subdivisions. 5.18 Sec. 6. Minnesota Statutes 2002, section 4A.05, 5.19 subdivision 1a, is amended to read: 5.20 Subd. 1a. [STATEWIDE NITRATE DATABASE.] Thedirector5.21 commissioner of administration, through the center, shall 5.22 maintain a statewide nitrate database containing the data 5.23 described in section 103A.403. 5.24 Sec. 7. Minnesota Statutes 2002, section 4A.05, 5.25 subdivision 2, is amended to read: 5.26 Subd. 2. [FEES.] Thedirectorcommissioner of 5.27 administration shall set fees under section 16A.1285 reflecting 5.28 the actual costs of providing the center's information products 5.29 and services to clients. Fees collected must be deposited in 5.30 the state treasury and credited to the Land Management 5.31 Information Center revolving account. Money in the account is 5.32 appropriated to thedirectorcommissioner for operation of the 5.33 land management information system, including the cost of 5.34 services, supplies, materials, labor, and equipment, as well as 5.35 the portion of the general support costs and statewide indirect 5.36 costs of theofficedepartment that is attributable to the land 6.1 management information system. Thedirectorcommissioner may 6.2 require a state agency to make an advance payment to the 6.3 revolving fund sufficient to cover the agency's estimated 6.4 obligation for a period of 60 days or more. If the revolving 6.5 fund is abolished or liquidated, the total net profit from 6.6 operations must be distributed to the funds from which purchases 6.7 were made. The amount to be distributed to each fund must bear 6.8 to the net profit the same ratio as the total purchases from 6.9 each fund bear to the total purchases from all the funds during 6.10 a period of time that fairly reflects the amount of net profit 6.11 each fund is entitled to receive under this distribution. 6.12 Sec. 8. Minnesota Statutes 2002, section 4A.07, 6.13 subdivision 2, is amended to read: 6.14 Subd. 2. [PLANNING GUIDE.] TheOffice of Strategic and6.15Long-Range PlanningDepartment of Administration must develop 6.16 and publish a planning guide for local units of government to 6.17 plan for sustainable development, based on the principles of 6.18 sustainable development adopted by the Environmental Quality 6.19 Board with advice of the Governor's Round Table on Sustainable 6.20 Development. Theofficedepartment must make the planning guide 6.21 available to local units of government within the state. 6.22 Sec. 9. Minnesota Statutes 2002, section 4A.07, 6.23 subdivision 3, is amended to read: 6.24 Subd. 3. [MODEL ORDINANCE.] TheOffice of Strategic and6.25Long-Range PlanningDepartment of Administration, in 6.26 consultation with appropriate and affected parties, must prepare 6.27 a model ordinance to guide sustainable development. 6.28 Sec. 10. Minnesota Statutes 2002, section 4A.07, 6.29 subdivision 4, is amended to read: 6.30 Subd. 4. [SPECIFICITY AND DISTRIBUTION.] The model 6.31 ordinance must specify the technical and administrative 6.32 procedures to guide sustainable development. When adopted by a 6.33 local unit of government, the model ordinance is the minimum 6.34 regulation to guide sustainable development that may be 6.35 adopted. Upon completion, theOffice of Strategic and6.36Long-Range PlanningDepartment of Administration must notify 7.1 local units of government that the model ordinance is available, 7.2 and must distribute it to interested local units. 7.3 Sec. 11. Minnesota Statutes 2002, section 4A.07, 7.4 subdivision 5, is amended to read: 7.5 Subd. 5. [PERIODIC REVIEW.] At least once every five 7.6 years, theplanning officeDepartment of Administration must 7.7 review the model ordinance and its use with local units of 7.8 government to ensure its continued applicability and relevance. 7.9 Sec. 12. Minnesota Statutes 2003 Supplement, section 7.10 14.3691, subdivision 2, is amended to read: 7.11 Subd. 2. [SCHEDULE.] (a) Rules of the Administration 7.12 Department, Agriculture Department, Education Department, 7.13 Commerce Department, Corrections Department, Economic Security 7.14 Department, Employee Relations Department, and Health Department 7.15 will be reviewed before and during the legislative session in 7.16 2002. Policies and procedures of the Board of Trustees of the 7.17 Minnesota State Colleges and Universities that would be rules if 7.18 they were not exempt from chapter 14 will be reviewed before and 7.19 during the legislative session in 2002. 7.20 (b) Rules of the Environmental Assistance Office, Board of 7.21 Teaching, Housing Finance Agency, Human Rights Department, Human 7.22 Services Department, Labor and Industry Department, and 7.23 Mediation Services Bureau will be reviewed before and during the 7.24 legislative session in 2003. 7.25 (c) Rules of the Natural Resources Department, Pollution 7.26 Control Agency, Public Safety Department, Public Service 7.27 Department, and Revenue Department will be reviewed before and 7.28 during the legislative session in 2004. 7.29 (d) Rules of theState Planning Agency,Employment and 7.30 Economic Development Department, Transportation Department,and7.31 Veterans Affairs Department, and Department of Administration 7.32 rules associated with the former Office of Strategic and 7.33 Long-Range Planning will be reviewed before and during the 7.34 legislative session in 2005. 7.35 Sec. 13. Minnesota Statutes 2003 Supplement, section 7.36 15A.0815, subdivision 2, is amended to read: 8.1 Subd. 2. [GROUP I SALARY LIMITS.] The salaries for 8.2 positions in this subdivision may not exceed 95 percent of the 8.3 salary of the governor: 8.4 Commissioner of administration; 8.5 Commissioner of agriculture; 8.6 Commissioner of education; 8.7 Commissioner of commerce; 8.8 Commissioner of corrections; 8.9 Commissioner of economic security; 8.10 Commissioner of employee relations; 8.11 Commissioner of finance; 8.12 Commissioner of health; 8.13 Executive director, Higher Education Services Office; 8.14 Commissioner, Housing Finance Agency; 8.15 Commissioner of human rights; 8.16 Commissioner of human services; 8.17 Executive director, State Board of Investment; 8.18 Commissioner of labor and industry; 8.19 Commissioner of natural resources; 8.20Director of Office of Strategic and Long-Range Planning;8.21 Commissioner, Pollution Control Agency; 8.22 Commissioner of public safety; 8.23 Commissioner of revenue; 8.24 Commissioner of employment and economic development; 8.25 Commissioner of transportation; and 8.26 Commissioner of veterans affairs. 8.27 Sec. 14. Minnesota Statutes 2002, section 16B.87, 8.28 subdivision 1, is amended to read: 8.29 Subdivision 1. [COMMITTEE.] The Productivity Loan 8.30 Committee consists of the commissioners of administration, 8.31 finance, revenue, and employee relations, and the state planning8.32director. The commissioner of administration serves as chair of 8.33 the committee. The members serve without compensation or 8.34 reimbursement for expenses. 8.35 Sec. 15. Minnesota Statutes 2003 Supplement, section 8.36 40A.121, subdivision 1, is amended to read: 9.1 Subdivision 1. [ANNEXATION PROHIBITED.] Land within an 9.2 agricultural preserve that is within a township may not be 9.3 annexed to a municipality under chapter 414, unless thedirector9.4of the Office of Strategic and Long-Range Planningcommissioner 9.5 of administration finds that either: 9.6 (1) the owner or the county has initiated termination of 9.7 the zone under section 40A.11; 9.8 (2) because of size, tax base, population or other relevant 9.9 factors, the township would not be able to provide normal 9.10 governmental functions and services; or 9.11 (3) the zone would be completely surrounded by lands within 9.12 a municipality. 9.13 Sec. 16. Minnesota Statutes 2003 Supplement, section 9.14 43A.08, subdivision 1, is amended to read: 9.15 Subdivision 1. [UNCLASSIFIED POSITIONS.] Unclassified 9.16 positions are held by employees who are: 9.17 (1) chosen by election or appointed to fill an elective 9.18 office; 9.19 (2) heads of agencies required by law to be appointed by 9.20 the governor or other elective officers, and the executive or 9.21 administrative heads of departments, bureaus, divisions, and 9.22 institutions specifically established by law in the unclassified 9.23 service; 9.24 (3) deputy and assistant agency heads and one confidential 9.25 secretary in the agencies listed in subdivision 1aand in the9.26Office of Strategic and Long-Range Planning; 9.27 (4) the confidential secretary to each of the elective 9.28 officers of this state and, for the secretary of state and state 9.29 auditor, an additional deputy, clerk, or employee; 9.30 (5) intermittent help employed by the commissioner of 9.31 public safety to assist in the issuance of vehicle licenses; 9.32 (6) employees in the offices of the governor and of the 9.33 lieutenant governor and one confidential employee for the 9.34 governor in the Office of the Adjutant General; 9.35 (7) employees of the Washington, D.C., office of the state 9.36 of Minnesota; 10.1 (8) employees of the legislature and of legislative 10.2 committees or commissions; provided that employees of the 10.3 Legislative Audit Commission, except for the legislative 10.4 auditor, the deputy legislative auditors, and their confidential 10.5 secretaries, shall be employees in the classified service; 10.6 (9) presidents, vice-presidents, deans, other managers and 10.7 professionals in academic and academic support programs, 10.8 administrative or service faculty, teachers, research 10.9 assistants, and student employees eligible under terms of the 10.10 federal Economic Opportunity Act work study program in the 10.11 Perpich Center for Arts Education and the Minnesota State 10.12 Colleges and Universities, but not the custodial, clerical, or 10.13 maintenance employees, or any professional or managerial 10.14 employee performing duties in connection with the business 10.15 administration of these institutions; 10.16 (10) officers and enlisted persons in the National Guard; 10.17 (11) attorneys, legal assistants, and three confidential 10.18 employees appointed by the attorney general or employed with the 10.19 attorney general's authorization; 10.20 (12) judges and all employees of the judicial branch, 10.21 referees, receivers, jurors, and notaries public, except 10.22 referees and adjusters employed by the Department of Labor and 10.23 Industry; 10.24 (13) members of the State Patrol; provided that selection 10.25 and appointment of State Patrol troopers must be made in 10.26 accordance with applicable laws governing the classified 10.27 service; 10.28 (14) chaplains employed by the state; 10.29 (15) examination monitors and intermittent training 10.30 instructors employed by the Departments of Employee Relations 10.31 and Commerce and by professional examining boards and 10.32 intermittent staff employed by the technical colleges for the 10.33 administration of practical skills tests and for the staging of 10.34 instructional demonstrations; 10.35 (16) student workers; 10.36 (17) executive directors or executive secretaries appointed 11.1 by and reporting to any policy-making board or commission 11.2 established by statute; 11.3 (18) employees unclassified pursuant to other statutory 11.4 authority; 11.5 (19) intermittent help employed by the commissioner of 11.6 agriculture to perform duties relating to pesticides, 11.7 fertilizer, and seed regulation; 11.8 (20) the administrators and the deputy administrators at 11.9 the state academies for the deaf and the blind; and 11.10 (21) chief executive officers in the Department of Human 11.11 Services. 11.12 Sec. 17. Minnesota Statutes 2003 Supplement, section 11.13 103F.211, subdivision 2, is amended to read: 11.14 Subd. 2. [INTERGOVERNMENTAL ADVICE.] The state Departments 11.15 of Agriculture, Administration, Health, and Employment and 11.16 Economic Development; theState Planning andPollution Control 11.17AgenciesAgency; the Board of Water and Soil Resources; and the 11.18 Minnesota Historical Society shall provide information and 11.19 advice necessary to prepare or amend the standards and criteria. 11.20 Sec. 18. Minnesota Statutes 2002, section 116.182, 11.21 subdivision 3a, is amended to read: 11.22 Subd. 3a. [NOTIFICATION OF OTHER GOVERNMENT UNITS.] In 11.23 addition to other applicable statutes or rules that are required 11.24 to receive financial assistance consistent with this 11.25 subdivision, the commissioner may not approve or certify a 11.26 project to the Public Facilities Authority for wastewater 11.27 financial assistance unless the following requirements are met: 11.28 (1) prior to the initiation of the public facilities 11.29 planning process for a new wastewater treatment system, the 11.30 project proposer gives written notice to all municipalities 11.31 within ten miles of the proposed project service area, including 11.32 the county in which the project is located, theOffice of11.33Strategic and Long-Range PlanningDepartment of Administration, 11.34 and the Pollution Control Agency. The notice shall state the 11.35 proposer's intent to begin the facilities planning process and 11.36 provide a description of the need for the proposed project. The 12.1 notice also shall request a response within 30 days of the 12.2 notice date from all government units who wish to receive and 12.3 comment on the future facilities plan for the proposed project; 12.4 (2) during development of the facility plan's analysis of 12.5 service alternatives, the project proposer must request 12.6 information from all municipalities and sanitary districts which 12.7 have existing systems that have current capacity to meet the 12.8 proposer's needs or can be upgraded to meet those needs. At a 12.9 minimum, the proposer must notify in writing those 12.10 municipalities and sanitary districts whose corporate limits or 12.11 boundaries are within three miles of the proposed project's 12.12 service area; 12.13 (3) 60 days prior to the municipality's public hearing on 12.14 the facilities plan, a copy of the draft facilities plan and 12.15 notice of the public hearing on the facilities plan must be 12.16 given to the local government units who previously expressed 12.17 interest in the proposed project under clause (1); 12.18 (4) for a proposed project located or proposed to be 12.19 located outside the corporate limits of a city, the affected 12.20 county has certified to the agency that the proposed project is 12.21 consistent with the applicable county comprehensive plan and 12.22 zoning and subdivision regulations; and 12.23 (5) copies of the notifications required under clauses (1) 12.24 and (2), as well as the certification from the county and a 12.25 summary of the comments received, must be included by the 12.26 municipality in the submission of its facilities plan to the 12.27 Pollution Control Agency, along with other required items as 12.28 specified in the agency's rules. 12.29 This subdivision does not apply to the Western Lake 12.30 Superior Sanitary District or the Metropolitan Council. 12.31 Sec. 19. Minnesota Statutes 2003 Supplement, section 12.32 116C.03, subdivision 2, is amended to read: 12.33 Subd. 2. [MEMBERSHIP.] The members of the board are 12.34 thedirector of the Office of Strategic and Long-Range12.35Planningcommissioner of administration, the commissioner of 12.36 commerce, the commissioner of the Pollution Control Agency, the 13.1 commissioner of natural resources, the director of the Office of 13.2 Environmental Assistance, the commissioner of agriculture, the 13.3 commissioner of health, the commissioner of employment and 13.4 economic development, the commissioner of transportation, the 13.5 chair of the Board of Water and Soil Resources, and a 13.6 representative of the governor's office designated by the 13.7 governor. The governor shall appoint five members from the 13.8 general public to the board, subject to the advice and consent 13.9 of the senate. At least two of the five public members must 13.10 have knowledge of and be conversant in water management issues 13.11 in the state. Notwithstanding the provisions of section 15.06, 13.12 subdivision 6, members of the board may not delegate their 13.13 powers and responsibilities as board members to any other person. 13.14 Sec. 20. Minnesota Statutes 2002, section 116C.03, 13.15 subdivision 4, is amended to read: 13.16 Subd. 4. [SUPPORT.] Staff and consultant support for board 13.17 activities shall be provided by theOffice of Strategic and13.18Long-Range PlanningDepartment of Administration. This support 13.19 shall be provided based upon an annual budget and work program 13.20 developed by the board and certified to the commissioner by the 13.21 chair of the board. The board shall have the authority to 13.22 request and require staff support from all other agencies of 13.23 state government as needed for the execution of the 13.24 responsibilities of the board. 13.25 Sec. 21. Minnesota Statutes 2002, section 116C.03, 13.26 subdivision 5, is amended to read: 13.27 Subd. 5. [ADMINISTRATION.] The board shall contract with 13.28 theOffice of Strategic and Long-Range PlanningDepartment of 13.29 Administration for administrative services necessary to the 13.30 board's activities. The services shall include personnel, 13.31 budget, payroll and contract administration. 13.32 Sec. 22. Minnesota Statutes 2002, section 116C.712, 13.33 subdivision 3, is amended to read: 13.34 Subd. 3. [COUNCIL STAFF.] Staff support for council 13.35 activities must be provided by theOffice of Strategic and13.36Long-Range PlanningDepartment of Administration. State 14.1 departments and agencies must cooperate with the council in the 14.2 performance of its duties. Upon the request of the chair of the 14.3 council, the governor may, by order, require a state department 14.4 or agency to furnish assistance necessary to carry out the 14.5 council's functions under this chapter. 14.6 Sec. 23. Minnesota Statutes 2002, section 116C.712, 14.7 subdivision 5, is amended to read: 14.8 Subd. 5. [ASSESSMENT.] (a) A person, firm, corporation, or 14.9 association in the business of owning or operating a nuclear 14.10 fission electrical generating plant in this state shall pay an 14.11 assessment to cover the cost of: 14.12 (1) monitoring the federal high-level radioactive waste 14.13 program under the Nuclear Waste Policy Act, United States Code, 14.14 title 42, sections 10101 to 10226; 14.15 (2) advising the governor and the legislature on policy 14.16 issues relating to the federal high-level radioactive waste 14.17 disposal program; 14.18 (3) surveying existing literature and activity relating to 14.19 radioactive waste management, including storage, transportation, 14.20 and disposal, in the state; 14.21 (4) an advisory task force on low-level radioactive waste 14.22 deregulation, created by a law enacted in 1990 until July 1, 14.23 1996; and 14.24 (5) other general studies necessary to carry out the 14.25 purposes of this subdivision. 14.26 The assessment must not be more than the appropriation to 14.27 theOffice of Strategic and Long-Range PlanningDepartment of 14.28 Administration for these purposes. 14.29 (b) The office shall bill the owner or operator of the 14.30 plant for the assessment at least 30 days before the start of 14.31 each quarter. The assessment for the second quarter of each 14.32 fiscal year must be adjusted to compensate for the amount by 14.33 which actual expenditures by the office for the preceding year 14.34 were more or less than the estimated expenditures previously 14.35 assessed. The billing may be made as an addition to the 14.36 assessments made under section 116C.69. The owner or operator 15.1 of the plant must pay the assessment within 30 days after 15.2 receipt of the bill. The assessment must be deposited in the 15.3 state treasury and credited to the special revenue fund. 15.4 (c) The authority for this assessment terminates when the 15.5 Department of Energy eliminates Minnesota from further siting 15.6 consideration for high-level radioactive waste by starting 15.7 construction of a high-level radioactive waste disposal site in 15.8 another state. The assessment required for any quarter must be 15.9 reduced by the amount of federal grant money received by the 15.10Office of Strategic and Long-Range PlanningDepartment of 15.11 Administration for the purposes listed in this section. 15.12 (d) Thedirectorcommissioner ofthe Office of Strategic15.13and Long-Range Planningadministration must report annually by 15.14 July 1 to the environment and natural resources policy and 15.15 finance committees of the senate and house of representatives,15.16the Finance Division of the senate Committee on Environment and15.17Natural Resources, and the house of representatives Committee on15.18Environment and Natural Resources Financeon activities assessed 15.19 under paragraph (a). 15.20 Sec. 24. Minnesota Statutes 2002, section 124D.23, 15.21 subdivision 9, is amended to read: 15.22 Subd. 9. [RECEIPT OF FUNDS.] TheOffice of Strategic and15.23Long-Range PlanningDepartment of Administration may receive and 15.24 administer public and private funds for the purposes of Laws 15.25 1993, chapter 224. 15.26 Sec. 25. Minnesota Statutes 2003 Supplement, section 15.27 145.9255, subdivision 1, is amended to read: 15.28 Subdivision 1. [ESTABLISHMENT.] The commissioner of 15.29 health, in consultation witha representative from Minnesota15.30planningthe commissioner of administration, the commissioner of 15.31 human services, and the commissioner of education, shall develop 15.32 and implement the Minnesota education now and babies later (MN 15.33 ENABL) program, targeted to adolescents ages 12 to 14, with the 15.34 goal of reducing the incidence of adolescent pregnancy in the 15.35 state and promoting abstinence until marriage. The program must 15.36 provide a multifaceted, primary prevention, community health 16.1 promotion approach to educating and supporting adolescents in 16.2 the decision to postpone sexual involvement modeled after the 16.3 ENABL program in California. The commissioner of health shall 16.4 consult with the chief of the health education section of the 16.5 California Department of Health Services for general guidance in 16.6 developing and implementing the program. 16.7 Sec. 26. Minnesota Statutes 2003 Supplement, section 16.8 145.9266, subdivision 6, is amended to read: 16.9 Subd. 6. [FETAL ALCOHOL COORDINATING BOARD; DUTIES.] (a) 16.10 The Fetal Alcohol Coordinating Board consists of: 16.11 (1) the commissioners of administration, health, human 16.12 services, corrections, public safety, economic security, and 16.13 education; 16.14 (2)the director of the Office of Strategic and Long-Range16.15Planning;16.16(3)the chair of the Maternal and Child Health Advisory 16.17 Task Force established by section 145.881, or the chair's 16.18 designee; 16.19(4)(3) a representative of the University of Minnesota 16.20 Academic Health Center, appointed by the provost; 16.21(5)(4) five members from the general public appointed by 16.22 the governor, one of whom must be a family member of an 16.23 individual with fetal alcohol syndrome or fetal alcohol effect; 16.24 and 16.25(6)(5) one member from the judiciary appointed by the 16.26 chief justice of the Supreme Court. 16.27 Terms, compensation, removal, and filling of vacancies of 16.28 appointed members are governed by section 15.0575. The board 16.29 shall elect a chair from its membership to serve a one-year 16.30 term. The commissioner of health shall provide staff and 16.31 consultant support for the board. Support must be provided 16.32 based on an annual budget and work plan developed by the board. 16.33 The board shall contract with the Department of Health for 16.34 necessary administrative services. Administrative services 16.35 include personnel, budget, payroll, and contract 16.36 administration. The board shall adopt an annual budget and work 17.1 program. 17.2 (b) Board duties include: 17.3 (1) reviewing programs of state agencies that involve fetal 17.4 alcohol syndrome and coordinating those that are 17.5 interdepartmental in nature; 17.6 (2) providing an integrated and comprehensive approach to 17.7 fetal alcohol syndrome prevention and intervention strategies 17.8 both at a local and statewide level; 17.9 (3) approving on an annual basis the statewide public 17.10 awareness campaign as designed and implemented by the 17.11 commissioner of health under subdivision 1; 17.12 (4) reviewing fetal alcohol syndrome community grants 17.13 administered by the commissioner of health under subdivision 4; 17.14 and 17.15 (5) submitting a report to the governor on January 15 of 17.16 each odd-numbered year summarizing board operations, activities, 17.17 findings, and recommendations, and fetal alcohol syndrome 17.18 activities throughout the state. 17.19 (c) The board expires on January 1, 2001. 17.20 Sec. 27. Minnesota Statutes 2003 Supplement, section 17.21 145.951, is amended to read: 17.22 145.951 [CHILDREN HELPED IN LONG-TERM DEVELOPMENT; 17.23 IMPLEMENTATION PLAN.] 17.24 The commissioner of health, in consultation with the 17.25 commissioners of administration; education; corrections; public 17.26 safety; and human services, and with the directors ofthe Office17.27of Strategic and Long-Range Planning,the Council on Disability,17.28 and the councils and commission under sections 3.922 to 3.9226, 17.29 may develop an implementation plan for the establishment of a 17.30 statewide program to assist families in developing the full 17.31 potential of their children. The program must be designed to 17.32 strengthen the family, to reduce the risk of abuse to children, 17.33 and to promote the long-term development of children in their 17.34 home environments. The program must also be designed to use 17.35 volunteers to provide support to parents, and to link parents 17.36 with existing public health, education, and social services as 18.1 appropriate. 18.2 Sec. 28. Minnesota Statutes 2003 Supplement, section 18.3 245.697, subdivision 2a, is amended to read: 18.4 Subd. 2a. [SUBCOMMITTEE ON CHILDREN'S MENTAL HEALTH.] The 18.5 State Advisory Council on Mental Health (the "advisory council") 18.6 must have a Subcommittee on Children's Mental Health. The 18.7 subcommittee must make recommendations to the advisory council 18.8 on policies, laws, regulations, and services relating to 18.9 children's mental health. Members of the subcommittee must 18.10 include: 18.11 (1) the commissioners or designees of the commissioners of 18.12 the Departments of Administration, Human Services, Health, 18.13 Education,State Planning,and Corrections; 18.14 (2) the commissioner of commerce or a designee of the 18.15 commissioner who is knowledgeable about medical insurance 18.16 issues; 18.17 (3) at least one representative of an advocacy group for 18.18 children with emotional disturbances; 18.19 (4) providers of children's mental health services, 18.20 including at least one provider of services to preadolescent 18.21 children, one provider of services to adolescents, and one 18.22 hospital-based provider; 18.23 (5) parents of children who have emotional disturbances; 18.24 (6) a present or former consumer of adolescent mental 18.25 health services; 18.26 (7) educators currently working with emotionally disturbed 18.27 children; 18.28 (8) people knowledgeable about the needs of emotionally 18.29 disturbed children of minority races and cultures; 18.30 (9) people experienced in working with emotionally 18.31 disturbed children who have committed status offenses; 18.32 (10) members of the advisory council; 18.33 (11) one person from the local corrections department and 18.34 one representative of the Minnesota District Judges Association 18.35 Juvenile Committee; and 18.36 (12) county commissioners and social services agency 19.1 representatives. 19.2 The chair of the advisory council shall appoint 19.3 subcommittee members described in clauses (3) to (11) through 19.4 the process established in section 15.0597. The chair shall 19.5 appoint members to ensure a geographical balance on the 19.6 subcommittee. Terms, compensation, removal, and filling of 19.7 vacancies are governed by subdivision 1, except that terms of 19.8 subcommittee members who are also members of the advisory 19.9 council are coterminous with their terms on the advisory 19.10 council. The subcommittee shall meet at the call of the 19.11 subcommittee chair who is elected by the subcommittee from among 19.12 its members. The subcommittee expires with the expiration of 19.13 the advisory council. 19.14 Sec. 29. Minnesota Statutes 2003 Supplement, section 19.15 272.67, subdivision 1, is amended to read: 19.16 Subdivision 1. Any city however organized, except in those 19.17 counties situated in a metropolitan area as defined in Minnesota 19.18 Statutes 1961, Section 473.02, Subdivision 5, which contain 19.19 cities of the first class, may by ordinance adopted in the 19.20 manner provided in this section divide its area into an urban 19.21 service district and a rural service district, constituting 19.22 separate taxing districts for the purpose of all municipal 19.23 property taxes except those levied for the payment of bonds and 19.24 judgments and interest thereon. In proceedings for annexation, 19.25 incorporation, or consolidation being conducted pursuant to 19.26 chapter 414, thedirectorcommissioner ofthe Office of19.27Strategic and Long-Range Planningadministration may divide a 19.28 municipality into an urban service district and a rural service 19.29 district, such districts to be designated in accordance with the 19.30 criteria set out in subdivision 2. Thereafter, said urban 19.31 service district and rural service district may be changed in 19.32 the same manner that an ordinance or amendment is changed in 19.33 accordance with this section. 19.34 Sec. 30. Minnesota Statutes 2003 Supplement, section 19.35 276A.09, is amended to read: 19.36 276A.09 [CHANGE IN STATUS OF MUNICIPALITY.] 20.1 If a municipality is dissolved, is consolidated with all or 20.2 part of another municipality, annexes territory, has a portion 20.3 of its territory detached from it, or is newly incorporated, the 20.4 secretary of state shall immediately certify that fact to the 20.5 commissioner of revenue. The secretary of state shall also 20.6 certify to the commissioner of revenue the current population of 20.7 the new, enlarged, or successor municipality, if determined by 20.8 thedirectorcommissioner ofthe Office of Strategic and20.9Long-Range Planningadministration incident to consolidation, 20.10 annexation, or incorporation proceedings. The population so 20.11 certified shall govern for purposes of sections 276A.01 to 20.12 276A.09 until the state demographer files the first population 20.13 estimate as of a later date with the commissioner of revenue. 20.14 If an annexation of unincorporated land occurs without 20.15 proceedings before thedirectorcommissioner ofthe Office of20.16Strategic and Long-Range Planningadministration, the population 20.17 of the annexing municipality as previously determined shall 20.18 continue to govern for purposes of sections 276A.01 to 276A.09 20.19 until the state demographer files the first population estimate 20.20 as of a later date with the commissioner of revenue. 20.21 Sec. 31. Minnesota Statutes 2003 Supplement, section 20.22 299A.293, subdivision 1, is amended to read: 20.23 Subdivision 1. [ESTABLISHMENT; MEMBERSHIP.] A Chemical 20.24 Abuse and Violence Prevention Council consisting of 19 members 20.25 is established. The commissioners of administration, public 20.26 safety, education, health, corrections, and human services, the20.27director of the Office of Strategic and Long-Range Planning,and 20.28 the attorney general shall each appoint one member from among 20.29 their employees. The speaker of the house of representatives 20.30 and the Subcommittee on Committees of the senate shall each 20.31 appoint a legislative member. The governor shall appoint an 20.32 additional ten members who shall represent the demographic and 20.33 geographic composition of the state and, to the extent possible, 20.34 shall represent the following: public health; education 20.35 including preschool, elementary, and higher education; social 20.36 services; financial aid services; chemical dependency treatment; 21.1 law enforcement; prosecution; defense; the judiciary; 21.2 corrections; treatment research professionals; drug abuse 21.3 prevention professionals; the business sector; religious 21.4 leaders; representatives of racial and ethnic minority 21.5 communities; and other community representatives. The members 21.6 shall designate one of the governor's appointees as chair of the 21.7 council. Compensation and removal of members are governed by 21.8 section 15.059. 21.9 Sec. 32. Minnesota Statutes 2002, section 299C.65, 21.10 subdivision 2, is amended to read: 21.11 Subd. 2. [REPORT, TASK FORCE.] (a) The policy group shall 21.12 file an annual report with the governor, Supreme Court, and 21.13 chairs and ranking minority members of the senate and house 21.14 committees and divisions with jurisdiction over criminal justice 21.15 funding and policy by December 1 of each year. 21.16 (b) The report must make recommendations concerning any 21.17 legislative changes or appropriations that are needed to ensure 21.18 that the criminal justice information systems operate accurately 21.19 and efficiently. To assist them in developing their 21.20 recommendations, the policy group shall appoint a task force 21.21 consisting of its members or their designees and the following 21.22 additional members: 21.23 (1)the director of the Office of Strategic and Long-Range21.24Planning;21.25(2)two sheriffs recommended by the Minnesota Sheriffs 21.26 Association; 21.27(3)(2) two police chiefs recommended by the Minnesota 21.28 Chiefs of Police Association; 21.29(4)(3) two county attorneys recommended by the Minnesota 21.30 County Attorneys Association; 21.31(5)(4) two city attorneys recommended by the Minnesota 21.32 League of Cities; 21.33(6)(5) two public defenders appointed by the Board of 21.34 Public Defense; 21.35(7)(6) two district judges appointed by the Conference of 21.36 Chief Judges, one of whom is currently assigned to the juvenile 22.1 court; 22.2(8)(7) two community corrections administrators 22.3 recommended by the Minnesota Association of Counties, one of 22.4 whom represents a community corrections act county; 22.5(9)(8) two probation officers; 22.6(10)(9) four public members, one of whom has been a victim 22.7 of crime, and two who are representatives of the private 22.8 business community who have expertise in integrated information 22.9 systems; 22.10(11)(10) two court administrators; 22.11(12)(11) one member of the house of representatives 22.12 appointed by the speaker of the house; 22.13(13)(12) one member of the senate appointed by the 22.14 majority leader; 22.15(14)(13) the attorney general or a designee; 22.16(15)(14) the commissioner of administration or a designee; 22.17(16)(15) an individual recommended by the Minnesota League 22.18 of Cities; and 22.19(17)(16) an individual recommended by the Minnesota 22.20 Association of Counties. 22.21 In making these appointments, the appointing authority shall 22.22 select members with expertise in integrated data systems or best 22.23 practices. 22.24 (c) The commissioner of public safety may appoint 22.25 additional, nonvoting members to the task force as necessary 22.26 from time to time. 22.27 Sec. 33. Minnesota Statutes 2003 Supplement, section 22.28 365.46, subdivision 2, is amended to read: 22.29 Subd. 2. [COPIES.] The county auditor shall also send a 22.30 copy of the notice of the dissolution to: (1) the state 22.31 demographer, (2) the Land Management Information Center, (3) the 22.32director of the Office of Strategic and Long-Range Planning22.33 commissioner of administration, and (4) the commissioner of 22.34 transportation. 22.35 Sec. 34. Minnesota Statutes 2003 Supplement, section 22.36 379.05, is amended to read: 23.1 379.05 [AUDITOR TO ABSTRACT REPORT FOR AGENCIES, ENTER TOWN 23.2 RECORD.] 23.3 Each county auditor shall within 30 days after any such 23.4 town is organized transmit by mail to the commissioner of 23.5 revenue, the secretary of state, the state demographer, the Land 23.6 Management Information Center, thedirector of the Office of23.7Strategic and Long-Range Planningcommissioner of 23.8 administration, and the commissioner of transportation an 23.9 abstract of such report, giving the name and boundaries of such 23.10 town and record in a book kept for that purpose a full 23.11 description of each such town. 23.12 Sec. 35. Minnesota Statutes 2003 Supplement, section 23.13 412.021, subdivision 1, is amended to read: 23.14 Subdivision 1. [ELECTION.] Upon the filing of the 23.15 certificate with the secretary of state, if the vote is in favor 23.16 of incorporation, the judges of election appointed by the 23.17directorcommissioner ofthe Office of Strategic and Long-Range23.18Planningadministration or the county board as the case may be, 23.19 shall fix a day at least 15 and not more than 30 days thereafter 23.20 and a place for the holding of an election for officers. The 23.21 judges shall also fix the time, not less than three hours, 23.22 during which the polls shall remain open at the election and 23.23 shall post a notice setting forth the time and place of such 23.24 election in three public places in the city for at least ten 23.25 days preceding the election. 23.26 Sec. 36. Minnesota Statutes 2003 Supplement, section 23.27 412.091, is amended to read: 23.28 412.091 [DISSOLUTION.] 23.29 Whenever a number of voters equal to one-third of those 23.30 voting at the last preceding city election petition thedirector23.31 commissioner ofthe Office of Strategic and Long-Range Planning23.32 administration therefor, a special election shall be called to 23.33 vote upon the question of dissolving the city. Before the 23.34 election, thedirectorcommissioner shall designate a time and 23.35 place for a hearing in accordance with section 414.09. After 23.36 the hearing thedirectorcommissioner shall issue an order which 24.1 shall include a date for the election, a determination of what 24.2 town or towns the territory of the city shall belong to if the 24.3 voters favor dissolution, and other necessary provisions. The 24.4 ballots used at such election shall bear the printed words, "For 24.5 Dissolution" and "Against Dissolution," with a square before 24.6 each phrase in which the voter may express a preference by a 24.7 cross. If a majority of those voting on the question favor 24.8 dissolution, the clerk shall file a certificate of the result 24.9 with thedirectorcommissioner, the secretary of state and the 24.10 county auditor of the county in which the city is situated. Six 24.11 months after the date of such election, the city shall cease to 24.12 exist. Within such six months, the council shall audit all 24.13 claims against the city, settle with the treasurer, and other 24.14 city officers, and apply the assets of the city to the payment 24.15 of its debts. If any debts remain unpaid, other than bonds, the 24.16 city clerk shall file a schedule of such debts with the county 24.17 treasurer and the council shall levy a tax sufficient for their 24.18 payment, the proceeds of which, when collected, shall be paid by 24.19 the county treasurer to the creditors in proportion to their 24.20 several claims until all are discharged. The principal and 24.21 interest on outstanding bonds shall be paid when due by the 24.22 county treasurer from a tax annually spread by the county 24.23 auditor against property formerly included within the city until 24.24 the bonds are fully paid. All city property and all rights of 24.25 the city shall, upon dissolution, inure in the town or towns 24.26 designated as the legal successor to the city. If the city 24.27 territory goes to more than one town, surplus cash assets and 24.28 unsold city property shall be distributed as provided by the 24.29 order for the election. 24.30 Sec. 37. Minnesota Statutes 2002, section 414.01, 24.31 subdivision 1, is amended to read: 24.32 Subdivision 1. [A DUTY OFPLANNING DIRECTORCOMMISSIONER.] 24.33 Among the duties of thedirector of the Office of Strategic and24.34Long-Range Planningcommissioner is the duty to conduct 24.35 proceedings, make determinations, and issue orders for the 24.36 creation of a municipality, the combination of two or more 25.1 governmental units, or the alteration of a municipal boundary. 25.2 Sec. 38. Minnesota Statutes 2002, section 414.01, 25.3 subdivision 16, is amended to read: 25.4 Subd. 16. [COMPELLED MEETINGS; REPORT.] In any proceeding 25.5 under this chapter, thedirectorcommissioner or conductor of 25.6 the proceeding may at any time in the process require 25.7 representatives from the involved city, town, county, political 25.8 subdivision, or other governmental entity to meet together to 25.9 discuss resolution of issues raised by the petition or order 25.10 that confers jurisdiction on thedirectorcommissioner and other 25.11 issues of mutual concern. Thedirectorcommissioner or 25.12 conductor of the proceeding may require that the parties meet at 25.13 least three times during a 60-day period. The parties shall 25.14 designate a person to report to thedirectorcommissioner or 25.15 conductor of the proceeding on the results of the meetings 25.16 immediately after the last meeting. 25.17 Sec. 39. Minnesota Statutes 2002, section 414.011, 25.18 subdivision 11, is amended to read: 25.19 Subd. 11. [DIRECTORCOMMISSIONER.] "DirectorCommissioner" 25.20 means thedirectorcommissioner of theOffice of Strategic and25.21Long-Range PlanningDepartment of Administration. 25.22 Sec. 40. Minnesota Statutes 2002, section 414.031, 25.23 subdivision 4a, is amended to read: 25.24 Subd. 4a. [PROVIDING FOR ELECTION OF NEW MUNICIPAL 25.25 OFFICERS.] (a) Any annexation order under this section for 25.26 annexation by a single municipality of an entire township shall 25.27 include a provision for the election of new municipal officers 25.28 in accordance with section 414.09. Thedirector of the office25.29of strategic and long-range planning, or the director's25.30designee,commissioner may also order an election of new 25.31 municipal officers in accordance with section 414.09 as part of 25.32 any other annexation order under this section if thedirector or25.33the director's designeecommissioner determines that such an 25.34 election would be equitable. 25.35 (b) The expanded municipality shall be governed by the home 25.36 rule charter or statutory form which governs the annexing 26.1 municipality, except that any ward system for the election of 26.2 council members shall be inoperable. 26.3 (c) The ordinances of both the annexing municipality and 26.4 the township shall continue in effect within the former 26.5 boundaries until repealed by the governing body of the new 26.6 municipality. 26.7 (d) Notwithstanding any other provision of law to the 26.8 contrary, thedirector of the Office of Strategic and Long-Range26.9Planning, or the director's designee,commissioner may provide 26.10 for election of council members by wards, not less than three 26.11 nor more than seven in number, whose limits are prescribed in 26.12 thedirector'scommissioner's order, upon a finding that area 26.13 representation is required to accord proper representation in 26.14 the municipality because of uneven population density in 26.15 different parts thereof or the existence of agricultural lands 26.16 therein which are in the path of suburban development; but after 26.17 four years from the effective date of an annexation the council 26.18 of the municipality may by resolution adopted by a four-fifths 26.19 vote abolish the ward system and provide for the election of all 26.20 council members at large. 26.21 (e) Until the effective date of the annexation order, the 26.22 town board and other officers of the town shall continue to 26.23 exercise their powers and duties under the town laws in that 26.24 portion of the municipality that was formerly the town, and the 26.25 council and other officers of the annexing municipality shall 26.26 continue to exercise their powers and duties in that portion of 26.27 the expanded municipality that was formerly the municipality. 26.28 Thereafter the town board and the council of the annexing 26.29 municipality shall have no jurisdiction within the municipality, 26.30 and the new municipal council and other new officers shall act 26.31 in respect to any matters previously undertaken by the town 26.32 board of supervisors or municipal council within the limits of 26.33 the expanded municipality, including the making of any 26.34 improvement and the levying of any special assessments therefor 26.35 in the same manner and to the same effect as if such improvement 26.36 had been undertaken by the municipality. 27.1 (f) The new municipal council may continue or discontinue 27.2 any board that may have previously existed in the town or former 27.3 municipality. 27.4 Sec. 41. Minnesota Statutes 2002, section 414.12, 27.5 subdivision 3, is amended to read: 27.6 Subd. 3. [COST OF PROCEEDINGS.] (a) The parties to any 27.7 matter directed to alternative dispute resolution under 27.8 subdivision 1 or delegated to the Office of Administrative 27.9 Hearings under subdivision 2 must pay the costs of the 27.10 alternative dispute resolution process or hearing in the 27.11 proportions that they agree to. 27.12 (b) Notwithstanding section 14.53 or other law, theoffice27.13of strategic and long-range planningDepartment of 27.14 Administration is not liable for the costs. 27.15 (c) If the parties do not agree to a division of the costs 27.16 before the commencement of mediation, arbitration, or hearing, 27.17 the costs must be allocated on an equitable basis by the 27.18 mediator, arbitrator, or chief administrative law judge. 27.19 (d) The chief administrative law judge may contract with 27.20 the parties to a matter directed or delegated to the Office of 27.21 Administrative Hearings under subdivisions 1 and 2 for the 27.22 purpose of providing administrative law judges and reporters for 27.23 an administrative proceeding or alternative dispute resolution. 27.24 (e) The chief administrative law judge shall assess the 27.25 cost of services rendered as provided by section 14.53. 27.26 Sec. 42. Minnesota Statutes 2003 Supplement, section 27.27 469.334, subdivision 1, is amended to read: 27.28 Subdivision 1. [COMMISSIONER TO DESIGNATE.] (a) The 27.29 commissioner, in consultation with the commissioner of revenue 27.30 and thedirectorcommissioner ofthe Office of Strategic and27.31Long-Range Planningadministration, shall designate not more 27.32 than one biotechnology and health sciences industry zone. 27.33 Priority must be given to applicants with a development plan 27.34 that links a higher education/research institution with a 27.35 biotechnology and health sciences industry facility. 27.36 (b) The commissioner may consult with the applicant prior 28.1 to the designation of the zone. The commissioner may modify the 28.2 development plan, including the boundaries of the zone or 28.3 subzones, if in the commissioner's opinion a modified plan would 28.4 better meet the objectives of the biotechnology and health 28.5 sciences industry zone program. The commissioner shall notify 28.6 the applicant of the modifications and provide a statement of 28.7 the reasons for the modifications. 28.8 Sec. 43. Minnesota Statutes 2003 Supplement, section 28.9 473F.13, subdivision 1, is amended to read: 28.10 Subdivision 1. [CERTIFICATION OF CHANGE IN STATUS.] If a 28.11 municipality is dissolved, is consolidated with all or part of 28.12 another municipality, annexes territory, has a portion of its 28.13 territory detached from it, or is newly incorporated, the 28.14 secretary of state shall immediately certify that fact to the 28.15 commissioner of revenue. The secretary of state shall also 28.16 certify to the commissioner of revenue the current population of 28.17 the new, enlarged, or successor municipality, if determined by 28.18 thedirectorcommissioner ofthe Office of Strategic and28.19Long-Range Planningadministration incident to consolidation, 28.20 annexation, or incorporation proceedings. The population so 28.21 certified shall govern for purposes of sections 473F.01 to 28.22 473F.13 until the Metropolitan Council files its first 28.23 population estimate as of a later date with the commissioner of 28.24 revenue. If an annexation of unincorporated land occurs without 28.25 proceedings before thedirectorcommissioner, the population of 28.26 the annexing municipality as previously determined shall 28.27 continue to govern for purposes of sections 473F.01 to 473F.13 28.28 until the Metropolitan Council files its first population 28.29 estimate as of a later date with the commissioner of revenue. 28.30 Sec. 44. Minnesota Statutes 2003 Supplement, section 28.31 473H.14, is amended to read: 28.32 473H.14 [ANNEXATION PROCEEDINGS.] 28.33 Agricultural preserve land within a township shall not be 28.34 annexed to a municipality pursuant to chapter 414, without a 28.35 specific finding by thedirectorcommissioner ofthe Office of28.36Strategic and Long-Range Planningadministration that either (a) 29.1 the expiration period as provided for in section 473H.08 has 29.2 begun; (b) the township due to size, tax base, population or 29.3 other relevant factors would not be able to provide normal 29.4 governmental functions and services; or (c) the agricultural 29.5 preserve would be completely surrounded by lands within a 29.6 municipality. 29.7 This section shall not apply to annexation agreements 29.8 approved under proceedings authorized by chapter 414 prior to 29.9 creation of the preserve. 29.10 Sec. 45. Minnesota Statutes 2003 Supplement, section 29.11 477A.014, subdivision 4, is amended to read: 29.12 Subd. 4. [COSTS.] Thedirectorcommissioner ofthe Office29.13of Strategic and Long-Range Planningadministration shall 29.14 annually bill the commissioner of revenue for one-half of the 29.15 costs incurred by the state demographer in the preparation of 29.16 materials required by section 4A.02. The state auditor shall 29.17 bill the commissioner of revenue for the costs of best practices 29.18 reviews and the services provided by the Government Information 29.19 Division and the parts of the constitutional office that are 29.20 related to the government information function, not to exceed 29.21 $217,000 each fiscal year. The commissioner of administration 29.22 shall bill the commissioner of revenue for the costs of the 29.23 local government records program and the intergovernmental 29.24 information systems activity, not to exceed $205,800 each fiscal 29.25 year. The commissioner of employee relations shall bill the 29.26 commissioner of revenue for the costs of administering the local 29.27 government pay equity function, not to exceed $55,000 each 29.28 fiscal year. 29.29 Sec. 46. Minnesota Statutes 2003 Supplement, section 29.30 572A.015, subdivision 2, is amended to read: 29.31 Subd. 2. [MEDIATION.] Within ten days of receiving a 29.32 request for mediation that thedirectorcommissioner ofthe29.33Office of Strategic and Long-Range Planningadministration has 29.34 required under section 414.12, subdivision 1, the bureau shall 29.35 provide written notice of the request for mediation to the 29.36 parties and provide a list of neutrals experienced in land use 30.1 planning and local government issues obtained from the Supreme 30.2 Court, Bureau of Mediation Services, Minnesota State Bar 30.3 Association, Hennepin County Bar Association, Office of Dispute 30.4 Resolution, and others. Within 30 days thereafter, the affected 30.5 parties, shall select a mediator from the list of neutrals or 30.6 someone else acceptable to the parties and submit to mediation 30.7 for a period of 30 days facilitated by the bureau. If the 30.8 dispute remains unresolved after the close of the 30-day 30.9 mediation period, the bureau shall prepare a report of its 30.10 recommendations and transmit the report within 30 days to the 30.11 parties. Within 60 days after the date of issuance of the 30.12 mediator's report, the dispute shall be submitted to binding 30.13 arbitration as provided in this chapter. The mediator's report 30.14 submitted to the parties is informational only and is not 30.15 admissible in arbitration. 30.16 Sec. 47. Minnesota Statutes 2002, section 572A.02, 30.17 subdivision 2, is amended to read: 30.18 Subd. 2. [APPOINTMENT OF PANEL.] (a) The parties shall 30.19 each appoint one qualified arbitrator within 30 days of issuance 30.20 of the mediation report. If a party does not appoint an 30.21 arbitrator within 30 days, the Bureau of Mediation Services 30.22 shall appoint a qualified arbitrator from the list of neutrals 30.23 undersections 572A.01, subdivision 2, andsection 572A.015, 30.24 subdivision 2, or someone else for the party. The parties shall 30.25 notify the bureau prior to the close of the 30-day appointment 30.26 period of the name and address of their respective appointed 30.27 arbitrator. Each party is responsible for the fees and expenses 30.28 for the arbitrator it selects. 30.29 (b) After appointment of the two arbitrators to the 30.30 arbitration panel by the parties, or by the bureau should one or 30.31 both of the parties fail to act, the two appointed arbitrators 30.32 shall appoint a third arbitrator who must be learned in the law, 30.33 within 15 days of the close of the initial 30-day arbitrator 30.34 appointment period. If the arbitrators cannot agree on the 30.35 selection of the third arbitrator within 15 days, the 30.36 arbitrators shall jointly submit a request to the district court 31.1 of the county in which the disputed area is located in 31.2 accordance with the selection procedures established in section 31.3 572.10. Within 15 days of receipt of an application by the 31.4 district court, the district court shall select a neutral 31.5 arbitrator and notify the parties and the Bureau of Mediation 31.6 Services of the name and address of the selected arbitrator. 31.7 The fees and expenses of the third arbitrator shall be shared 31.8 equally by the parties. The third appointed arbitrator shall 31.9 act as chair of the arbitration panel and shall conduct the 31.10 proceedings. If the district court selects the third 31.11 arbitrator, the date required for first hearing the matter may 31.12 be extended an additional 15 days. 31.13 Sec. 48. Minnesota Statutes 2002, section 572A.02, 31.14 subdivision 5, is amended to read: 31.15 Subd. 5. [DECISION FACTORS.] In comprehensive planning 31.16 disputes, the arbitration panel shall considerthe goals stated31.17in section 4A.08 andthe following factors in making a 31.18 decision. In all other disputes brought under this section, the 31.19 arbitration panel shall consider the following factors in making 31.20 a decision: 31.21 (1) present population and number of households, past 31.22 population, and projected population growth of the subject area 31.23 and adjacent units of local government; 31.24 (2) quantity of land within the subject area and adjacent 31.25 units of local government; and natural terrain including 31.26 recognizable physical features, general topography, major 31.27 watersheds, soil conditions, and such natural features as 31.28 rivers, lakes, and major bluffs; 31.29 (3) degree of contiguity of the boundaries between the 31.30 municipality and the subject area; 31.31 (4) present pattern of physical development, planning, and 31.32 intended land uses in the subject area and the municipality 31.33 including residential, industrial, commercial, agricultural, and 31.34 institutional land uses and the impact of the proposed action on 31.35 those land uses; 31.36 (5) the present transportation network and potential 32.1 transportation issues, including proposed highway development; 32.2 (6) land use controls and planning presently being utilized 32.3 in the municipality and the subject area, including 32.4 comprehensive plans for development in the area and plans and 32.5 policies of the metropolitan council, and whether there are 32.6 inconsistencies between proposed development and existing land 32.7 use controls and the reasons therefore; 32.8 (7) existing levels of governmental services being provided 32.9 in the municipality and the subject area, including water and 32.10 sewer service, fire rating and protection, law enforcement, 32.11 street improvements and maintenance, administrative services, 32.12 and recreational facilities and the impact of the proposed 32.13 action on the delivery of said services; 32.14 (8) existing or potential environmental problems and 32.15 whether the proposed action is likely to improve or resolve 32.16 these problems; 32.17 (9) plans and programs by the municipality for providing 32.18 needed governmental services to the subject area; 32.19 (10) an analysis of the fiscal impact on the municipality, 32.20 the subject area, and adjacent units of local government, 32.21 including net tax capacity and the present bonded indebtedness, 32.22 and the local tax rates of the county, school district, and 32.23 township; 32.24 (11) relationship and effect of the proposed action on 32.25 affected and adjacent school districts and communities; 32.26 (12) adequacy of town government to deliver services to the 32.27 subject area; 32.28 (13) analysis of whether necessary governmental services 32.29 can best be provided through the proposed action or another type 32.30 of boundary adjustment; and 32.31 (14) if only a part of a township is annexed, the ability 32.32 of the remainder of the township to continue or the feasibility 32.33 of it being incorporated separately or being annexed to another 32.34 municipality. 32.35 Any party to the proceeding may present evidence and testimony 32.36 on any of the above factors at the hearing on the matter. 33.1 Sec. 49. Minnesota Statutes 2003 Supplement, section 33.2 572A.02, subdivision 6, is amended to read: 33.3 Subd. 6. [DECISION.] The arbitrators, after a hearing on 33.4 the matter, shall make a decision regarding the dispute within 33.5 60 days and transmit an order to the parties and theOffice of33.6Strategic and Long-Range PlanningDepartment of Administration. 33.7 Unless appealed by an aggrieved party within 30 days of receipt 33.8 of the arbitration panel's order by theofficedepartment, the 33.9officedepartment shall execute an order in accordance with the 33.10 arbitration panel's order and shall cause copies of the same to 33.11 be mailed to all parties entitled to mailed notice, the 33.12 secretary of state, the Department of Revenue, the state 33.13 demographer, individual property owners if initiated in that 33.14 manner, the affected county auditor, and any other party of 33.15 record. The affected county auditor shall record the order 33.16 against the affected property. 33.17 Sec. 50. Minnesota Statutes 2003 Supplement, section 33.18 611A.78, subdivision 1, is amended to read: 33.19 Subdivision 1. [MEMBERSHIP.] A crime victim services 33.20 roundtable is created and shall be convened by the commissioner 33.21 of administration or a designee. The roundtable membership 33.22 shall include representatives from the following: the 33.23 Departments of Health; Human Services; Corrections; and Public 33.24 Safety; the Supreme Court;the Minnesota Planning Agency;the 33.25 Office of the Attorney General; the Office of Crime Victim 33.26 Ombudsman; the County Attorneys Association; and the Office of 33.27 Dispute Resolution. The roundtable membership shall also 33.28 include one person representing the four councils designated in 33.29 sections 3.922, 3.9223, 3.9225, and 3.9226. 33.30 Sec. 51. [REVISOR'S INSTRUCTION.] 33.31 (a) The revisor of statutes shall change "director" or 33.32 "director's" to "commissioner" or "commissioner's," as 33.33 appropriate, in the following sections of Minnesota Statutes: 33.34 414.01; 414.012; 414.02; 414.031; 414.0325; 414.033; 414.0335; 33.35 414.051; 414.06; 414.061; 414.063; 414.067; 414.08; 414.09; and 33.36 414.12. 34.1 (b) The revisor of statutes shall recode Minnesota 34.2 Statutes, chapter 4A, into Minnesota Statutes, chapter 16B. 34.3 (c) The revisor of statutes shall make the following 34.4 changes, with appropriate grammatical corrections, in Minnesota 34.5 Rules: 34.6 (1) change "State Planning Agency" to "Department of 34.7 Administration" and "agency" to "department" in chapter 4310; 34.8 (2) change "State Planning Agency" to "Department of 34.9 Employment and Economic Development" and delete "pursuant to the 34.10 recommendation of the director of the planning division and" in 34.11 part 4350.3120; 34.12 (3) change "Minnesota Municipal Board" and "board" to 34.13 "Department of Administration" and "department" in chapter 6000; 34.14 (4) delete "State Planning Agency and the" in part 34.15 6100.7400, subpart 4; 34.16 (5) delete item D in part 6105.1080; 34.17 (6) delete "as mapped on the inventory of significant 34.18 resources by the State Planning Agency" in parts 7851.0340, 34.19 7853.0420, 7853.0610, 7855.0340, 7855.0440, 7855.0540, and 34.20 7855.0640; and 34.21 (7) delete "State Planning Agency" in parts 8106.0700, 34.22 9210.0160, and 9210.0360. 34.23 Sec. 52. [REPEALER.] 34.24 Minnesota Statutes 2002, sections 4A.01; 394.232, 34.25 subdivisions 1, 3, 4, 5, 6, 7, and 8; 414.01, subdivision 7a; 34.26 462.3535; 473.1455; 572A.01; and 572A.03, subdivision 2; and 34.27 Minnesota Statutes 2003 Supplement, sections 119A.04, 34.28 subdivision 3; and 394.232, subdivision 2; and Minnesota Rules, 34.29 part 4410.0200, subpart 1a, are repealed. 34.30 ARTICLE 2 34.31 GENERAL 34.32 Section 1. [16C.154] [ENERGY FORWARD PRICING MECHANISMS.] 34.33 Subdivision 1. [DEFINITIONS.] The following definitions 34.34 apply in this section: 34.35 (1) "energy" means natural gas, heating oil, propane, and 34.36 any other energy source except electricity used in state 35.1 facilities; and 35.2 (2) "forward pricing mechanism" means a contract or 35.3 financial instrument that obligates a state agency to buy or 35.4 sell a specified quantity of energy at a future date at a set 35.5 price. 35.6 Subd. 2. [AUTHORITY.] Notwithstanding any other law to the 35.7 contrary, the Department of Administration may use forward 35.8 pricing mechanisms for budget risk reduction. 35.9 Subd. 3. [CONDITIONS.] Forward pricing mechanism 35.10 transactions must be made only under the following conditions: 35.11 (1) the quantity of energy affected by the forward pricing 35.12 mechanism must not exceed the estimated energy use for the state 35.13 agency for the same period; and 35.14 (2) a separate account must be established for each state 35.15 agency using a forward pricing mechanism. 35.16 Subd. 4. [WRITTEN POLICIES AND PROCEDURES.] Before 35.17 exercising the authority under this section, the Department of 35.18 Administration must develop written policies and procedures 35.19 governing the use of forward pricing mechanisms. 35.20 [EFFECTIVE DATE.] This section is effective the day 35.21 following final enactment. 35.22 Sec. 2. Minnesota Statutes 2002, section 16C.17, 35.23 subdivision 2, is amended to read: 35.24 Subd. 2. [ADVISORY COUNCIL.] The Small Business 35.25 Procurement Advisory Council consists of 13 members appointed by 35.26 the commissioner of administration. A chair of the advisory 35.27 council shall be elected from among the members. The 35.28 appointments are subject to the appointments program provided by 35.29 section 15.0597. The terms, compensation, and removal of 35.30 members are as provided in section 15.059. Notwithstanding 35.31 section 15.059, the council expires June 30,20032006. 35.32 Sec. 3. Minnesota Statutes 2003 Supplement, section 35.33 16E.01, subdivision 3, is amended to read: 35.34 Subd. 3. [DUTIES.] (a) The office shall: 35.35 (1) coordinate the efficient and effective use of available 35.36 federal, state, local, and private resources to develop 36.1 statewide information and communications technology and its 36.2 infrastructure; 36.3 (2) review state agency and intergovernmental information 36.4 and communications systems development efforts involving state 36.5 or intergovernmental funding, including federal funding, provide 36.6 information to the legislature regarding projects reviewed, and 36.7 recommend projects for inclusion in the governor's budget under 36.8 section 16A.11; 36.9 (3) encourage cooperation and collaboration among state and 36.10 local governments in developing intergovernmental communication 36.11 and information systems, and define the structure and 36.12 responsibilities of the Information Policy Council; 36.13 (4) cooperate and collaborate with the legislative and 36.14 judicial branches in the development of information and 36.15 communications systems in those branches; 36.16 (5) continue the development of North Star, the state's 36.17 official comprehensive on-line service and information 36.18 initiative; 36.19 (6) promote and collaborate with the state's agencies in 36.20 the state's transition to an effectively competitive 36.21 telecommunications market; 36.22 (7) collaborate with entities carrying out education and 36.23 lifelong learning initiatives to assist Minnesotans in 36.24 developing technical literacy and obtaining access to ongoing 36.25 learning resources; 36.26 (8) promote and coordinate public information access and 36.27 network initiatives, consistent with chapter 13, to connect 36.28 Minnesota's citizens and communities to each other, to their 36.29 governments, and to the world; 36.30 (9) promote and coordinate electronic commerce initiatives 36.31 to ensure that Minnesota businesses and citizens can 36.32 successfully compete in the global economy; 36.33 (10) promote and coordinate the regular and periodic 36.34 reinvestment in the core information and communications 36.35 technology infrastructure so that state and local government 36.36 agencies can effectively and efficiently serve their customers; 37.1 (11) facilitate the cooperative development of standards 37.2 for information systems, electronic data practices and privacy, 37.3 and electronic commerce among international, national, state, 37.4 and local public and private organizations; and 37.5 (12) work with others to avoid unnecessary duplication of 37.6 existing services provided by other public and private 37.7 organizations while building on the existing governmental, 37.8 educational, business, health care, and economic development 37.9 infrastructures. 37.10 (b) The commissioner of administration in consultation with 37.11 the commissioner of finance may determine that it is 37.12 cost-effective for agencies to develop and use shared 37.13 information and communications technology systems for the 37.14 delivery of electronic government services. This determination 37.15 may be made if an agency proposes a new system that duplicates 37.16 an existing system, a system in development, or a system being 37.17 proposed by another agency. The commissioner of administration 37.18 shall establish reimbursement rates in cooperation with the 37.19 commissioner of finance to be billed to agencies and other 37.20 governmental entities sufficient to cover the actual 37.21 development, operating, maintenance, and administrative costs of 37.22 the shared systems. The methodology for billing may include the 37.23 use of the technology enterprise fund, interagency agreements, 37.24 or other means as allowed by law. 37.25 (c)(1) A technology enterprise fund is established. Money 37.26 deposited in the fund is appropriated to the commissioner of 37.27 administration for the purpose of funding technology projects 37.28 among government entities that promote cooperation, innovation, 37.29 and shared use of technology, technology standards, and 37.30 electronic government services. Savings generated by 37.31 information technology and communications projects or purchases, 37.32 including rebates, refunds, discounts, or other savings 37.33 generated from aggregated purchases of software, services, or 37.34 technology products, may be deposited in the fund upon agreement 37.35 by the commissioner of administration and the executive of the 37.36 government entity generating the funds. The commissioner of 38.1 administration may apply for and accept grants and contributions 38.2 from the federal government and other public or private sources 38.3 for deposit into the fund. The commissioner may use funds 38.4 deposited in the fund for the actual costs of administering the 38.5 fund. The transfer of funds between state agencies is subject 38.6 to approval of the commissioner of finance. The commissioner of 38.7 finance shall notify the chairs of the committees funding the 38.8 affected state agencies of the transfers. 38.9 (2) By February 1 each year the commissioner of 38.10 administration shall report to the chairs of the finance 38.11 committees in the senate and house of representatives with 38.12 jurisdiction over governmental operations on expenditures, 38.13 including actual administrative costs, and activities under this 38.14 section. 38.15 [EFFECTIVE DATE.] This section is effective the day 38.16 following final enactment.