Minnesota Legislature
SF 2860
as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
Current Version - as introduced
1.1 A bill for an act 1.2 relating to state government; modifying appropriations 1.3 for the general legislative and administrative 1.4 expenses of state government; modifying provisions 1.5 relating to state and local government operations; 1.6 appropriating money; amending Minnesota Statutes 2000, 1.7 sections 15.0591, subdivision 2; 16A.40; 16B.61, 1.8 subdivision 1a; 16A.671, subdivision 3; 16B.70, 1.9 subdivision 1; 124D.385, subdivision 2; 256.9753, 1.10 subdivision 3; 403.04, by adding a subdivision; 1.11 403.11, subdivision 3; Minnesota Statutes 2001 1.12 Supplement, sections 16B.62, subdivision 1; 16B.65, 1.13 subdivisions 1, 5a; 16E.09, subdivision 1; 327A.01, 1.14 subdivision 2; 403.11, subdivision 1; Laws 1998, 1.15 chapter 404, section 23, subdivision 6; repealing 1.16 Minnesota Statutes 2000, sections 138.17, subdivision 1.17 8; 403.08, subdivisions 1, 2; Minnesota Statutes 2001 1.18 Supplement, sections 4.50; 138.17, subdivision 7. 1.19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.20 Section 1. [STATE GOVERNMENT APPROPRIATIONS AND REDUCTIONS.] 1.21 The dollar amounts in the columns under "APPROPRIATION 1.22 CHANGE" are added to or, if shown in parentheses, are subtracted 1.23 from the appropriations in Laws 2001, First Special Session 1.24 chapter 10, or other law to the specified agencies. The 1.25 appropriations are from the general fund or other named fund and 1.26 are available for the fiscal years indicated for each purpose. 1.27 The figure "2002" or "2003" means that the addition to or 1.28 subtraction from the appropriations listed under the figure are 1.29 for the fiscal year ending June 30, 2002, or June 30, 2003, 1.30 respectively. 1.31 SUMMARY BY FUND 1.32 2002 2003 2.1 General $(12,059,000) $(39,172,000) 2.2 State Government 2.3 Special Revenue -0- 2,382,000 2.4 APPROPRIATION CHANGE 2.5 2002 2003 2.6 Sec. 2. LEGISLATURE 2.7 Subdivision 1. Total 2.8 Appropriation Reductions -0- (15,929,000) 2.9 Subd. 2. Senate 2.10 -0- (2,292,000) 2.11 Subd. 3. Senate Carryforward 2.12 -0- (1,401,000) 2.13 The amount above of onetime 2.14 appropriations available to the Senate 2.15 pursuant to Minnesota Statutes, section 2.16 16A.281, is canceled to the general 2.17 fund effective July 1, 2002. 2.18 Subd. 4. House of Representatives 2.19 -0- (3,032,000) 2.20 Subd. 5. House of Representatives 2.21 Carryforward 2.22 -0- (4,508,000) 2.23 The amount above of onetime 2.24 appropriations available to the House 2.25 of Representatives pursuant to 2.26 Minnesota Statutes, section 16A.281, is 2.27 canceled to the general fund effective 2.28 July 1, 2002. 2.29 Subd. 6. Legislative Coordinating Commission 2.30 -0- (1,539,000) 2.31 $547,000 is a reduction for the office 2.32 of the legislative auditor. 2.33 Subd. 7. Legislative Coordinating 2.34 Commission Carryforward 2.35 -0- (3,157,000) 2.36 The amount above of onetime 2.37 appropriations available to the 2.38 Legislative Coordinating Commission and 2.39 associated legislative committees and 2.40 offices pursuant to Minnesota Statutes, 2.41 section 16A.281, is canceled to the 2.42 general fund effective July 1, 2002. 2.43 Sec. 3. SECRETARY OF STATE (371,000) (746,000) 2.44 Sec. 4. GOVERNOR'S OFFICE (460,000) (471,000) 2.45 Sec. 5. STATE AUDITOR (503,000) (1,030,000) 2.46 Sec. 6. STATE TREASURER (118,000) (233,000) 3.1 Sec. 7. ATTORNEY GENERAL (1,342,000) (2,741,000) 3.2 Sec. 8. BOARD OF GOVERNMENT 3.3 INNOVATION AND COOPERATION (275,000) (275,000) 3.4 Sec. 9. OFFICE OF STRATEGIC AND 3.5 LONG-RANGE PLANNING (600,000) (360,000) 3.6 $500,000 of the appropriation reduction 3.7 the first year is to eliminate onetime 3.8 grants to regional development 3.9 commissions. $100,000 of the reduction 3.10 the first year is to eliminate a 3.11 onetime grant to support subregional 3.12 comprehensive planning by the N.M. 3.13 I-35W Corridor Coalition. These grants 3.14 were authorized by Laws 2001, First 3.15 Special Session chapter 10, article 1, 3.16 section 11. Annual base funding is 3.17 reduced by $400,000 beginning July 1, 3.18 2003. 3.19 Sec. 10. ADMINISTRATION 3.20 Subdivision 1. Total Appropriations 3.21 Changes 3.22 General (2,144,000) (892,000) 3.23 State Government Special Revenue -0- 2,382,000 3.24 Subd. 2. Operations Management 3.25 -0- (310,000) 3.26 Subd. 3. Office of Technology 3.27 -0- (60,000) 3.28 Subd. 4. Intertechnologies Group 3.29 General Fund 3.30 (200,000) (378,000) 3.31 State Government Special Revenue 3.32 -0- 2,382,000 3.33 $2,382,000 in fiscal year 2003 is from 3.34 the 911 fund under Minnesota Statutes, 3.35 section 403.11, for costs associated 3.36 with 911 emergency telephone service 3.37 and wireless-enhanced 911. The base for 3.38 this program shall be increased by 3.39 $4,179,000 in fiscal year 2004 and 3.40 $6,054,000 in fiscal year 2005. 3.41 Subd. 5. Facilities Management 3.42 $2,000,000 of the balance in the State 3.43 Building Code account in the state 3.44 government special revenue fund is 3.45 canceled to the general fund. 3.46 Subd. 6. Management Services 3.47 -0- (100,000) 3.48 Subd. 7. Fiscal Agent 4.1 (1,900,000) -0- 4.2 This appropriation is onetime funding 4.3 for the voting equipment grant account 4.4 created under Minnesota Statutes, 4.5 section 204B.48. 4.6 Subd. 8. Public Broadcasting 4.7 (44,000) (44,000) 4.8 The amount above reduces appropriations 4.9 for grants and contracts with the 4.10 Senate and House of Representatives for 4.11 public information television, 4.12 Internet, Intranet, and other 4.13 transmission of legislative activities. 4.14 Annual base funding for matching grants 4.15 for public television is reduced by 4.16 $205,000 beginning July 1, 2003. 4.17 Base funding for grants to the Twin 4.18 Cities regional cable channel is zero 4.19 beginning July 1, 2003. 4.20 Base funding for equipment grants to 4.21 Minnesota Public Radio, Inc. is zero 4.22 beginning July 1, 2003. 4.23 Sec. 11. FINANCE 4.24 Subdivision 1. Total Appropriation 4.25 Reductions (1,773,000) (2,227,000) 4.26 Subd. 2. Carryforward 4.27 (660,000) (440,000) 4.28 Subd. 3. State Financial Management 4.29 (203,500) (418,000) 4.30 Subd. 4. Information and Management Services 4.31 (909,500) (1,369,000) 4.32 Sec. 12. EMPLOYEE RELATIONS (660,000) (870,000) 4.33 $25,000 of the appropriation reduction 4.34 the second year is to eliminate the 4.35 grant to the government training 4.36 service. 4.37 Sec. 13. REVENUE 4.38 Subdivision 1. Total Appropriation 4.39 Reduction (3,143,000) (7,335,000) 4.40 Subd. 2. Tax System Management 4.41 (3,018,000) (7,210,000) 4.42 $3,013,000 of the second year reduction 4.43 is permanent. 4.44 Subd. 3. Accounts Receivable Management 4.45 (125,000) (125,000) 4.46 $120,000 of the second year reduction 5.1 is permanent. 5.2 Sec. 14. AMATEUR SPORTS COMMISSION (30,000) (30,000) 5.3 Sec. 15. MINNESOTA HUMANITIES COMMISSION -0- (250,000) 5.4 Sec. 16. BOARD OF THE ARTS 5.5 Subdivision 1. Total Appropriation 5.6 Reductions -0- (915,000) 5.7 Subd. 2. Operations and Services 5.8 -0- (105,000) 5.9 Subd. 3. Grants Programs 5.10 -0- (457,000) 5.11 Subd. 4. Regional Arts Councils 5.12 -0- (353,000) 5.13 Sec. 17. MILITARY AFFAIRS (452,000) (2,252,000) 5.14 Annual base funding for the department 5.15 of military affairs is reduced by 5.16 $1,402,000 beginning July 1, 2003. 5.17 Sec. 18. VETERANS AFFAIRS -0- (653,000) 5.18 Annual base funding for the department 5.19 of veterans affairs is reduced by 5.20 $417,000 beginning July 1, 2003, and 5.21 $418,000 beginning July 1, 2004. 5.22 Sec. 19. MINNESOTA STATE 5.23 RETIREMENT SYSTEM -0- (2,004,000) 5.24 $2,004,000 of the appropriation 5.25 reduction the second year is to 5.26 eliminate the open appropriation for 5.27 judges not participating in the 5.28 postretirement fund, effective July 1, 5.29 2002. 5.30 Sec. 20. POLICE AND FIRE 5.31 AMORTIZATION AID 5.32 Amortization state aid is eliminated, 5.33 effective July 1, 2003. 5.34 Supplemental amortization state aid is 5.35 eliminated, effective July 1, 2003. 5.36 Sec. 21. FIRST-CLASS CITIES TEACHERS 5.37 RETIREMENT FUND ASSOCIATES 5.38 Aid amount to Duluth is eliminated, 5.39 effective July 1, 2003. 5.40 Aid amount to St. Paul is $878,000 5.41 effective July 1, 2003. 5.42 Aid amount to Minneapolis is 5.43 $14,694,000 effective July 1, 2003. 5.44 Sec. 22. Minnesota Statutes 2000, section 15.0591, 5.45 subdivision 2, is amended to read: 6.1 Subd. 2. [BODIES AFFECTED.] A member meeting the 6.2 qualifications in subdivision 1 must be appointed to the 6.3 following boards, commissions, advisory councils, task forces, 6.4 or committees: 6.5 (1) advisory council on battered women and domestic abuse; 6.6 (2) advisory task force on the use of state facilities; 6.7 (3) alcohol and other drug abuse advisory council; 6.8 (4) board of examiners for nursing home administrators; 6.9 (5) board on aging; 6.10 (6) chiropractic examiners board; 6.11 (7) consumer advisory council on vocational rehabilitation; 6.12 (8) council on disability; 6.13 (9) council on affairs of Chicano/Latino people; 6.14 (10) council on Black Minnesotans; 6.15 (11) dentistry board; 6.16 (12) department of economic security advisory council; 6.17 (13) higher education services office; 6.18 (14) housing finance agency; 6.19 (15) Indian advisory council on chemical dependency; 6.20 (16) medical practice board; 6.21 (17) medical policy directional task force on mental 6.22 health; 6.23 (18) Minnesota employment and economic development task 6.24 force; 6.25 (19)Minnesota office of citizenship and volunteer services6.26advisory committee;6.27(20)Minnesota state arts board; 6.28(21)(20) nursing board; 6.29(22)(21) optometry board; 6.30(23)(22) pharmacy board; 6.31(24)(23) board of physical therapy; 6.32(25)(24) podiatry board; 6.33(26)(25) psychology board; 6.34(27)(26) veterans advisory committee. 6.35 Sec. 23. Minnesota Statutes 2000, section 16A.40, is 6.36 amended to read: 7.1 16A.40 [WARRANTS AND ELECTRONIC FUND TRANSFERS.] 7.2 Money must not be paid out of the state treasury except 7.3 upon the warrant of the commissioner or an electronic fund 7.4 transfer approved by the commissioner. Warrants must be drawn 7.5 on printed blanks that are in numerical order. The commissioner 7.6 shall enter, in numerical order in a warrant register, the 7.7 number, amount, date, and payee for every warrant issued. 7.8 Payees receiving more than ten payments or $10,000 per year 7.9 must supply the commissioner with their bank routing information 7.10 to enable the payments to be made through an electronic fund 7.11 transfer. 7.12 Sec. 24. Minnesota Statutes 2000, section 16B.61, 7.13 subdivision 1a, is amended to read: 7.14 Subd. 1a. [ADMINISTRATION BY COMMISSIONER.] The 7.15 commissioner shall administer and enforce the State Building 7.16 Code as a municipality with respect to public buildings and 7.17 state licensed facilities in the state. The commissioner shall 7.18 establish appropriate permit, plan review, and inspection fees 7.19 for public buildings and state licensed facilities. Fees and 7.20 surcharges for public buildings and state licensed facilities 7.21 must be remitted to the commissioner, who shall deposit them in 7.22 the state treasury for credit to the special revenue fund. 7.23 Municipalities other than the state havinga contractualan 7.24 agreement with the commissioner for code administration and 7.25 enforcement service for public buildings and state licensed 7.26 facilities shall charge their customary fees, including 7.27 surcharge, to be paid directly to thecontractualjurisdiction 7.28 by the applicant seeking authorization to construct a public 7.29 building or a state licensed facility. The commissioner shall 7.30contractsign an agreement with a municipality other than the 7.31 state for plan review, code administration, and code enforcement 7.32 service for public buildings and state licensed facilities in 7.33 thecontractualjurisdiction if the building officials of the 7.34 municipality meet the requirements of section 16B.65 and wish to 7.35 provide those services and if the commissioner determines that 7.36 the municipality has enough adequately trained and qualified 8.1 building inspectors to provide those services for the 8.2 construction project. 8.3 Administration and enforcement in a municipality under this 8.4 section must apply any optional provisions of the State Building 8.5 Code adopted by the municipality. A municipality adopting any 8.6 optional code provision shall notify the state building official 8.7 within 30 days of its adoption. 8.8 The commissioner shall administer and enforce the 8.9 provisions of the code relating to elevators statewide, except 8.10 as provided for under section 16B.747, subdivision 3. 8.11 The commissioner may direct the state building official to 8.12 assist communities affected by a natural disaster with building 8.13 evaluation and other code-related activities through the use of 8.14 staff and coordination of building inspection volunteers. 8.15 Sec. 25. Minnesota Statutes 2000, section 16A.671, 8.16 subdivision 3, is amended to read: 8.17 Subd. 3. [DEFINITIONS.] As used in this section, the terms 8.18 defined in this subdivision have the meanings given them: 8.19 (a) "General fund" means all cash and investments from time 8.20 to time received and held in the treasury, except proceeds of 8.21 state bonds and amounts received and held in special or 8.22 dedicated funds created by the constitution, or by or pursuant 8.23 to federal laws or regulations, or by bond or trust instruments, 8.24 pension contracts, or other agreements of the state or its 8.25 agencies with private persons, entered into under state 8.26 law. Notwithstanding section 144.395, subdivision 1, if maximum 8.27 current cash flow requirement estimates exceed estimated 8.28 resources in the general fund, the tobacco use prevention and 8.29 local public health endowment shall be considered a part of the 8.30 general fund, for the purposes of this section. If this occurs, 8.31 the commissioner shall notify the state board of investment. 8.32 (b) "Maximum current cash flow requirement" means the 8.33 commissioner's written estimate of the largest of the amounts by 8.34 which, on a particular designated date in each month of the term 8.35 for which certificates are to be issued, the sum of (1) the 8.36 warrants then outstanding against the general fund plus (2) 9.1 those that must be drawn on the fund before the same date in the 9.2 following month, in payment of claims due for expenditure under 9.3 all appropriations and allotments, will exceed the amount of 9.4 cash or cash equivalent assets held in the general fund on the 9.5 first of these dates, excluding the proceeds of the certificates 9.6 to be issued. 9.7 Sec. 26. Minnesota Statutes 2001 Supplement, section 9.8 16B.62, subdivision 1, is amended to read: 9.9 Subdivision 1. [MUNICIPAL ENFORCEMENT.] The State Building 9.10 Code applies statewide and supersedes the building code of any 9.11 municipality. A municipality must not by ordinance or through 9.12 development agreement require building code provisions 9.13 regulating components or systems of any residential structure 9.14 that are different from any provision of the State Building 9.15 Code. A municipality may, with the approval of the state 9.16 building official, adopt an ordinance that is more restrictive 9.17 than the State Building Code where geological conditions warrant 9.18 a more restrictive ordinance. A municipality may appeal the 9.19 disapproval of a more restrictive ordinance to the 9.20 commissioner. An appeal under this subdivision is subject to 9.21 the schedule, fee, procedures, cost provisions, and appeal 9.22 rights set out in section 16B.67. The State Building Code does 9.23 not apply to agricultural buildings except with respect to state 9.24 inspections required or rulemaking authorized by sections 9.25 103F.141, 216C.19, subdivision 8, and 326.244. All 9.26 municipalities shall adopt and enforce the State Building Code 9.27 with respect to new construction within their respective 9.28 jurisdictions. 9.29 If a city has adopted or is enforcing the State Building 9.30 Code on June 3, 1977, or determines by ordinance after that date 9.31 to undertake enforcement, it shall enforce the code within the 9.32 city. A city may by ordinance extend the enforcement of the 9.33 code, including all code-related rules, laws, and ordinances, to 9.34 contiguous unincorporated territory not more than two miles 9.35 distant from its corporate limits in any direction. Where two 9.36 or more noncontiguous cities which have elected to enforce the 10.1 code have boundaries less than four miles apart, each is 10.2 authorized to enforce the code on its side of a line equidistant 10.3 between them. Once enforcement authority is extended 10.4 extraterritorially by ordinance, the authority may continue to 10.5 be exercised in the designated territory even though another 10.6 city less than four miles distant later elects to enforce the 10.7 code. After the extension, the city may enforce the code in the 10.8 designated area to the same extent as if the property were 10.9 situated within its corporate limits. 10.10 A city which, on June 3, 1977, had not adopted the code may 10.11 not commence enforcement of the code within or outside of its 10.12 jurisdiction until it has provided written notice to the 10.13 commissioner, the county auditor, and the town clerk of each 10.14 town in which it intends to enforce the code. A public hearing 10.15 on the proposed enforcement must be held not less than 30 days 10.16 after the notice has been provided. Enforcement of the code by 10.17 the city outside of its jurisdiction commences on the first day 10.18 of January in the year following the notice and hearing. 10.19 Municipalities may provide for the issuance of permits, 10.20 inspection, and enforcement within their jurisdictions by means 10.21 which are convenient, and lawful, including by means of 10.22 contracts with other municipalities pursuant to section 471.59, 10.23 and with qualified individuals. The other municipalities or 10.24 qualified individuals may be reimbursed by retention or 10.25 remission of some or all of the building permit fee collected or 10.26 by other means. In areas of the state where inspection and 10.27 enforcement is unavailable from qualified employees of 10.28 municipalities, the commissioner shall train and designate 10.29 individuals available to carry out inspection and enforcement on 10.30 a fee basis. Nothing in this section prohibits a municipality 10.31 from adopting ordinances relating to zoning, subdivision, or 10.32 planning unless the ordinance conflicts with a provision of the 10.33 State Building Code that regulates components or systems of any 10.34 residential structure. 10.35 Sec. 27. Minnesota Statutes 2001 Supplement, section 10.36 16B.65, subdivision 1, is amended to read: 11.1 Subdivision 1. [DESIGNATION.] By January 1, 2002, each 11.2 municipality shall designate a building official to administer 11.3 the code. A municipality may designate no more than one 11.4 building official responsible for code administration defined by 11.5 each certification category established in rule. Two or more 11.6 municipalities may combine in the designation of a building 11.7 official for the purpose of administering the provisions of the 11.8 code within their communities. In those municipalities for 11.9 which no building officials have been designated, the state 11.10 building official may use whichever state employees are 11.11 necessary to perform the duties of the building official until 11.12 the municipality makes a temporary or permanent designation. 11.13 All costs incurred by virtue of these services rendered by state 11.14 employees must be borne by the involved municipality and 11.15 receipts arising from these services must be paid into the state 11.16 treasury and credited to thegeneralspecial revenue fund. 11.17 Sec. 28. Minnesota Statutes 2001 Supplement, section 11.18 16B.65, subdivision 5a, is amended to read: 11.19 Subd. 5a. [ADMINISTRATIVE ACTION AND PENALTIES.] The 11.20 commissioner shall, by rule, establish a graduated schedule of 11.21 administrative actions for violations of sections 16B.59 to 11.22 16B.75 and rules adopted under those sections. The schedule 11.23 must be based on and reflect the culpability, frequency, and 11.24 severity of the violator's actions. The commissioner may impose 11.25 a penalty from the schedule on a certification holder for a 11.26 violation of sections 16B.59 to 16B.75 and rules adopted under 11.27 those sections. The penalty is in addition to any criminal 11.28 penalty imposed for the same violation. Administrative monetary 11.29 penalties imposed by the commissioner must be paid to the 11.30generalspecial revenue fund. 11.31 Sec. 29. Minnesota Statutes 2000, section 16B.70, 11.32 subdivision 1, is amended to read: 11.33 Subdivision 1. [COMPUTATION.] (a) To defray the costs of 11.34 administering sections 16B.59 to 16B.75, a surcharge is imposed 11.35 on all permits issued by municipalities in connection with the 11.36 construction of or addition or alteration to buildings and 12.1 equipment or appurtenances after June 30, 1971, as follows: 12.2 All construction permits must be based on valuation, except 12.3 permits for plumbing, mechanical, electrical, or other building 12.4 service systems or other permits as designated by rule, which 12.5 may be based on valuation or on a fixed fee. If the fee for the 12.6 permit issued is fixed in amount the surcharge is equivalent to 12.7 one-half mill (.0005) of the fee or 50 cents, whichever amount 12.8 is greater. For all other permits, the surcharge is as follows: 12.9 (1) if the valuation of the structure, addition, or 12.10 alteration is $1,000,000 or less, the surcharge is equivalent to 12.11 one-half mill (.0005) of the valuation of the structure, 12.12 addition, or alteration; 12.13 (2) if the valuation is greater than $1,000,000, the 12.14 surcharge is $500 plus two-fifths mill (.0004) of the value 12.15 between $1,000,000 and $2,000,000; 12.16 (3) if the valuation is greater than $2,000,000, the 12.17 surcharge is $900 plus three-tenths mill (.0003) of the value 12.18 between $2,000,000 and $3,000,000; 12.19 (4) if the valuation is greater than $3,000,000, the 12.20 surcharge is $1,200 plus one-fifth mill (.0002) of the value 12.21 between $3,000,000 and $4,000,000; 12.22 (5) if the valuation is greater than $4,000,000, the 12.23 surcharge is $1,400 plus one-tenth mill (.0001) of the value 12.24 between $4,000,000 and $5,000,000; and 12.25 (6) if the valuation exceeds $5,000,000, the surcharge is 12.26 $1,500 plus one-twentieth mill (.00005) of the value that 12.27 exceeds $5,000,000. 12.28 (b) With the approval of the commissioner of finance, the 12.29 commissioner of administration may adjust the fee schedule up to 12.30 20 percent below the fee schedule in paragraph (a). These 12.31 changes require a 30-day notice to all municipalities submitting 12.32 surcharge fees to the state. 12.33 Sec. 30. Minnesota Statutes 2001 Supplement, section 12.34 16E.09, subdivision 1, is amended to read: 12.35 Subdivision 1. [FUND ESTABLISHED.] A technology enterprise 12.36 fund is established. Money deposited in the fund is 13.1 appropriated to the commissioner of administration for the 13.2 purpose of funding technology projects among government entities 13.3 that promote cooperation, innovation, and shared use of 13.4 technology and technology standards, and electronic government 13.5 services. Savings generated by information technology and 13.6 communications projects or purchases, including rebates, 13.7 refunds, discounts, or other savings generated from aggregated 13.8 purchases of software, services, or technology products, may be 13.9 deposited in the fund upon agreement by the commissioner of 13.10 administration and the executive of the government entity 13.11 generating the funds. The commissioner of administration may 13.12 apply for and accept grants, contributions, or other gifts from 13.13 the federal government and other public or private sources for 13.14 deposit into the fund. The transfer of funds between state 13.15 agencies is subject to the approval of the commissioner of 13.16 finance. The commissioner of finance shall notify the chairs of 13.17 the committees funding the affected state agencies of the 13.18 transfers. Funds are available until June 30, 2005. 13.19 Sec. 31. Minnesota Statutes 2000, section 124D.385, 13.20 subdivision 2, is amended to read: 13.21 Subd. 2. [MEMBERSHIP.] (a) The commission consists of 18 13.22 voting members. Voting members shall include the commissioner 13.23 of children, families, and learning, a representative of the 13.24 children's cabinet elected by the members of the children's 13.25 cabinet, and the executive director of the higher education 13.26 services office. 13.27 (b) The governor shall appoint 15 additional voting 13.28 members. Eight of the voting members appointed by the governor 13.29 shall include a representative of public or nonprofit 13.30 organizations experienced in youth employment and training, 13.31 organizations promoting adult service and volunteerism, 13.32 community-based service agencies or organizations, local public 13.33 or private sector labor unions, local governments, business, a 13.34 national service program, and Indian tribes. The remaining 13.35 seven voting members appointed by the governor shall include an 13.36 individual with expertise in the educational, training, and 14.1 development needs of youth, particularly disadvantaged youth; a 14.2 youth or young adult who is a participant in a higher 14.3 education-based service-learning program; a disabled individual 14.4 representing persons with disabilities; a youth who is 14.5 out-of-school or disadvantaged; an educator of primary or 14.6 secondary students; an educator from a higher education 14.7 institution; and an individual between the ages of 16 and 25 who 14.8 is a participant or supervisor in a youth service program. 14.9 (c) The governor shall appoint up to five ex officio 14.10 nonvoting members from among the following agencies or 14.11 organizations: the departments of economic security, natural 14.12 resources, human services, health, corrections, agriculture, 14.13 public safety, finance, and labor and industry,the Minnesota14.14office of citizenship and volunteer services,the housing 14.15 finance agency, and Minnesota Technology, Inc. A representative 14.16 of the corporation for national and community service shall also 14.17 serve as an ex officio nonvoting member. 14.18 (d) Voting and ex officio nonvoting members may appoint 14.19 designees to act on their behalf. The number of voting members 14.20 who are state employees shall not exceed 25 percent. 14.21 (e) The governor shall ensure that, to the extent possible, 14.22 the membership of the commission is balanced according to 14.23 geography, race, ethnicity, age, and gender. The speaker of the 14.24 house and the majority leader of the senate shall each appoint 14.25 two legislators to be nonvoting members of the commission. 14.26 Sec. 32. Minnesota Statutes 2000, section 256.9753, 14.27 subdivision 3, is amended to read: 14.28 Subd. 3. [EXPENDITURES.] The board shall consult with 14.29 theoffice of citizenship and volunteer servicescommissioner of 14.30 human services, prior to expending money available for the 14.31 retired senior volunteer programs. Expenditures shall be made 14.32 (1) to strengthen and expand existing retired senior volunteer 14.33 programs, and (2) to encourage the development of new programs 14.34 in areas in the state where these programs do not exist. Grants 14.35 shall be made consistent with applicable federal guidelines. 14.36 Sec. 33. Minnesota Statutes 2001 Supplement, section 15.1 327A.01, subdivision 2, is amended to read: 15.2 Subd. 2. [BUILDING STANDARDS.] "Building standards" 15.3 means materials and installation standards of the State Building 15.4 Code, adopted by the commissioner of administration pursuant to 15.5 sections 16B.59 to 16B.75, that is in effect at the time of the 15.6 construction or remodeling. 15.7 Sec. 34. Minnesota Statutes 2000, section 403.04, is 15.8 amended by adding a subdivision to read: 15.9 Subd. 3. [REQUIREMENT FOR UTILITY PROVIDING TELEPHONE 15.10 SERVICE.] By December 15, 2002, if a public utility provides 15.11 telephone service within a 911 service area and chooses to 15.12 provide service to nonsubscribers, then it must allow access to 15.13 911 service and must update automatic location identification 15.14 records accordingly. 15.15 Sec. 35. Minnesota Statutes 2001 Supplement, section 15.16 403.11, subdivision 1, is amended to read: 15.17 Subdivision 1. [EMERGENCY TELEPHONE SERVICE FEE.] (a) Each 15.18 customer of a telephone company or communications carrier that 15.19 provides service capable of originating a 911 emergency 15.20 telephone call is assessed a fee to cover the costs of ongoing 15.21 maintenance and related improvements for trunking and central 15.22 office switching equipment for minimum 911 emergency telephone 15.23 service, plus administrative and staffing costs of the 15.24 department of administration related to managing the 911 15.25 emergency telephone service program. Recurring charges by a 15.26 public utility providing telephone service for updating the 15.27 information required by section 403.07, subdivision 3, must be 15.28 paid by the commissioner of administration if the utility is 15.29 included in an approved 911 plan and the charges have been 15.30 certified and approved under subdivision 3. The commissioner of 15.31 administration shall transfer an amount equal to two cents a 15.32 month from the fee assessed under this section on cellular and 15.33 other nonwire access services to the commissioner of public 15.34 safety for the purpose of offsetting the costs, including 15.35 administrative and staffing costs, incurred by the state patrol 15.36 division of the department of public safety in handling 911 16.1 emergency calls made from cellular phones. Money remaining in 16.2 the 911 emergency telephone service account after all other 16.3 obligations are paid must not cancel and is carried forward to 16.4 subsequent years and may be appropriated from time to time to 16.5 the commissioner of administration to provide financial 16.6 assistance to counties for the improvement of local emergency 16.7 telephone services. The improvements may include providing 16.8 access to minimum 911 service for telephone service subscribers 16.9 currently without access and upgrading existing 911 service to 16.10 include automatic number identification, local location 16.11 identification, automatic location identification, and other 16.12 improvements specified in revised county 911 plans approved by 16.13 the department. 16.14 (b) The feeis 27may not be less than eight cents nor more 16.15 than 35 cents a month for each customer access line or other 16.16 basic access service, including trunk equivalents as designated 16.17 by the public utilities commission for access charge purposes 16.18 and including cellular and other nonwire access services. The 16.19 fee must be the same for all customers. 16.20 (c) The fee must be collected by each company or carrier 16.21 providing service subject to the fee. Fees are payable to and 16.22 must be submitted to the commissioner of administration monthly 16.23 before the 25th of each month following the month of collection, 16.24 except that fees may be submitted quarterly if less than $250 a 16.25 month is due, or annually if less than $25 a month is due. 16.26 Receipts must be deposited in the state treasury and credited to 16.27 a 911 emergency telephone service account in the special revenue 16.28 fund. The money in the account may only be used for 911 16.29 telephone services as provided in paragraph (a). 16.30 (d) With the approval of the commissioner of finance, the 16.31 commissioner of administration shall establish the amount of the 16.32 fee within the limits specified and inform the companies and 16.33 carriers of the amount to be collected. The commissioner shall 16.34 provide companies and carriers a minimum of 45 days' notice of 16.35 each fee change. 16.36 (e) This subdivision does not apply to customers of a 17.1 telecommunications carrier as defined in section 237.01, 17.2 subdivision 6. 17.3 Sec. 36. Minnesota Statutes 2000, section 403.11, 17.4 subdivision 3, is amended to read: 17.5 Subd. 3. [METHOD OF PAYMENT; CERTIFICATION.] A public 17.6 utility incurring reimbursable costs under subdivision 1 or 2 17.7 shall certify those costs to the commissioner of 17.8 administration. The certificationshallmust be in a form as 17.9 prescribed by the commissioner after consultation with the 17.10 public utilities commission. If the commissioner and the 17.11 commission approve the certified costs as timely, appropriate, 17.12 and accurate, the commissioner shall pay the certified costs 17.13 from money appropriated for that purpose within 90 days 17.14 following receipt by the commissioner of the certified 17.15 costs. For purposes of this subdivision, a certification 17.16 submitted to the commissioner of administration within two years 17.17 of commencing a new or additional eligible 911 service is 17.18 considered a timely certification. The commissioner of 17.19 administration shall estimate the amount required to reimburse 17.20 public utilities for the state's obligations under subdivisions 17.21 1 and 2 and the governor shall include the estimated amount in 17.22 the biennial budget request. 17.23 Sec. 37. Laws 1998, chapter 404, section 23, subdivision 17.24 6, is amended to read: 17.25 Subd. 6. St. Paul RiverCentre 17.26 Arena 65,000,000 17.27 This appropriation is from the general 17.28 fund to the commissioner of finance for 17.29 a loan to the city of St. Paul to 17.30 demolish the existing St. Paul 17.31 RiverCentre Arena and to design, 17.32 construct, furnish, and equip a new 17.33 arena. This appropriation is not 17.34 available until the lessee to whom the 17.35 city has leased the arena has agreed to 17.36 make rental or other payments to the 17.37 city under the terms set forth in this 17.38 subdivision. The loan is repayable 17.39 solely from and secured by the payments 17.40 made to the city by the lessee. The 17.41 loan is not a public debt and the full 17.42 faith, credit, and taxing powers of the 17.43 city are not pledged for its repayment. 17.44 (a) $48,000,000 of the loan must be 17.45 repaid to the commissioner, without 18.1 interest, within 20 years from the date 18.2 of substantial completion of the arena 18.3 in accordance with the following 18.4 schedule: 18.5 (1) no repayments are due in the first 18.6 two years from the date of substantial 18.7 completion; 18.8 (2) in each of the years three to five, 18.9 the lessee must pay $1,250,000; 18.10 (3) in each of the years six to ten, 18.11 the lessee must pay $1,500,000; 18.12 (4) in each of the years 11 to 13, the 18.13 lessee must pay $2,000,000; 18.14 (5) in year 14, the lessee must pay 18.15 $3,000,000; 18.16 (6) in year 15, the lessee must pay 18.17 $4,000,000; and 18.18 (7) in each of the years 16 to 20, the 18.19 lessee must pay $4,750,000. 18.20 (b) The commissioner must deposit the 18.21 repayments in the state treasury and 18.22 credit them to theyouth activities18.23account, which is hereby created in the18.24special revenue fund. Money in the18.25youth activities account is available18.26for expenditure as appropriated by18.27lawgeneral fund. 18.28 (c) The loan may not be made until the 18.29 commissioner has entered into an 18.30 agreement with the city of St. Paul 18.31 identifying the rental or other 18.32 payments that will be made and 18.33 establishing the dates on and the 18.34 amounts in which the payments will be 18.35 made to the city and by the city to the 18.36 commissioner. The payments may include 18.37 operating revenues and additional 18.38 payments to be made by the lessee under 18.39 agreements to be negotiated between the 18.40 commissioner, the city, and the 18.41 lessee. Those agreements may include, 18.42 but are not limited to, an agreement 18.43 whereby the lessee pledges to provide 18.44 each year a letter of credit sufficient 18.45 to guarantee the payment of the amount 18.46 due for the next succeeding year; an 18.47 agreement whereby the lessee agrees to 18.48 maintain a net worth, certified each 18.49 year by a financial institution or 18.50 accounting firm satisfactory to the 18.51 commissioner, that is greater than the 18.52 balance due under the payment schedule 18.53 in paragraph (a); and any other 18.54 agreements the commissioner may deem 18.55 necessary to ensure that the payments 18.56 are made as scheduled. 18.57 (d) The agreements must provide that 18.58 the failure of the lessee to make a 18.59 payment due to the city under the 18.60 agreement is an event of default under 18.61 the lease between the city and the 19.1 lessee and that the state is entitled 19.2 to enforce the remedies of the lessor 19.3 under the lease in the event of 19.4 default. Those remedies must include, 19.5 but need not be limited to, the 19.6 obligation of the lessee to pay the 19.7 balance due for the remainder of the 19.8 payment schedule in the event the 19.9 lessee ceases to operate a National 19.10 Hockey League team in the arena. 19.11 (e) By January 1, 1999, the 19.12 commissioner shall report to the chair 19.13 of the senate committee on state 19.14 government finance and the chair of the 19.15 house committee on ways and means the 19.16 terms of an agreement between the 19.17 lessee and the amateur sports 19.18 commission whereby the lessee agrees to 19.19 make the facilities of the arena 19.20 available to the commission on terms 19.21 satisfactory to the commission for 19.22 amateur sports activities consistent 19.23 with the purposes of Minnesota 19.24 Statutes, chapter 240A, each year 19.25 during the time the loan is 19.26 outstanding. The amateur sports 19.27 commission must negotiate in good faith 19.28 and may be required to pay no more than 19.29 actual out-of-pocket expenses for the 19.30 time it uses the arena. The agreement 19.31 may not become effective before 19.32 February 1, 1999. During any calendar 19.33 year after 1999 that an agreement under 19.34 this paragraph is not in effect and a 19.35 payment is due under the schedule, the 19.36 lessee must pay to the commissioner a 19.37 penalty of $750,000 for that year. If 19.38 the amateur sports commission has not 19.39 negotiated in good faith, no penalty is 19.40 due. 19.41 Sec. 38. [TRANSITIONAL PERIOD FOR REIMBURSEMENT OF OLD 19.42 COSTS.] 19.43 (a) A public utility incurring reimbursable costs under 19.44 Minnesota Statutes, section 403.11, subdivision 1 or 2, at any 19.45 time before the effective date of sections 35 and 36, may 19.46 certify those costs for payment to the commissioner of 19.47 administration according to Minnesota Statutes 2000, section 19.48 403.11, subdivision 3, for a period of 90 days after the 19.49 effective date of sections 35 and 36. During this period, the 19.50 commissioner of administration shall reimburse the public 19.51 utility for approved, certified costs without regard to section 19.52 36. 19.53 (b) This section supersedes any contrary provision in 19.54 section 35 or 36 but expires 91 days after the effective date of 19.55 sections 35 and 36. 20.1 Sec. 39. [INSTRUCTION TO THE REVISOR.] 20.2 (a) The revisor of statutes shall change the term "State 20.3 Building Code" to "Minnesota State Construction Code" wherever 20.4 it appears in Minnesota Statutes and Minnesota Rules. 20.5 (b) The revisor shall change "building code" to 20.6 "construction code" wherever it is appropriate in Minnesota 20.7 Statutes and Minnesota Rules to reflect the terminology change 20.8 in paragraph (a). 20.9 Sec. 40. [REPEALER.] 20.10 Minnesota Statutes 2000, sections 138.17, subdivision 8, 20.11 and 403.08, subdivisions 1 and 2, and Minnesota Statutes 2001 20.12 Supplement, sections 4.50 and 138.17, subdivision 7, are 20.13 repealed. 20.14 Sec. 41. [EFFECTIVE DATE.] 20.15 This act is effective the day following final enactment.