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SF 3134

Conference Committee Report - 86th Legislature (2009 - 2010) Posted on 12/26/2012 11:26pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to state government; appropriating money or making reductions to
certain state government programs or activities; changing provisions for expenses
of governor-elect, income earned by the permanent school fund, lease-purchase
agreements, general services, resource recovery, payment of aids and credits
to school districts, tax return preparers, and implied consent; imposing fees;
amending Minnesota Statutes 2008, sections 4.51; 11A.16, subdivision 5;
16B.04, subdivision 2; 16B.48, subdivision 2; 79.34, subdivision 1; 115A.15,
subdivision 6; 127A.46; 169A.52, subdivision 6; 169A.53; 169A.60, subdivision
10; Minnesota Statutes 2009 Supplement, sections 16A.82; 270C.145; 289A.08,
subdivision 16; Laws 2009, chapter 101, article 1, section 31; proposing coding
for new law in Minnesota Statutes, chapter 357.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

STATE GOVERNMENT APPROPRIATIONS

Section 1. new text begin SUMMARY OF APPROPRIATIONS.
new text end

new text begin The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
new text end

new text begin 2010
new text end
new text begin 2011
new text end
new text begin Total
new text end
new text begin General
new text end
new text begin $
new text end
new text begin (3,845,000)
new text end
new text begin $
new text end
new text begin 244,000
new text end
new text begin $
new text end
new text begin (3,601,000)
new text end
new text begin Health Care Access
new text end
new text begin $
new text end
new text begin (16,000)
new text end
new text begin $
new text end
new text begin (22,000)
new text end
new text begin $
new text end
new text begin (38,000)
new text end
new text begin Special Revenue
new text end
new text begin $
new text end
new text begin (70,000)
new text end
new text begin $
new text end
new text begin (117,000)
new text end
new text begin $
new text end
new text begin (187,000)
new text end
new text begin Lottery Prize Fund
new text end
new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin (50,000)
new text end
new text begin $
new text end
new text begin (50,000)
new text end
new text begin Total
new text end
new text begin $
new text end
new text begin (3,931,000)
new text end
new text begin $
new text end
new text begin 55,000
new text end
new text begin $
new text end
new text begin (3,876,000)
new text end

Sec. 2. new text beginAPPROPRIATIONS.new text end

new text begin The sums shown in the columns marked "APPROPRIATIONS" are added to or, if
shown in parentheses, subtracted from the appropriations in Laws 2009, chapter 101,
article 1, to the agencies and for the purposes specified in this article. The appropriations
are from the general fund, or another named fund, and are available for the fiscal years
indicated for each purpose. The figures "2010" and "2011" used in this article mean
that the addition to or subtraction from the appropriation listed under them is available
for the fiscal year ending June 30, 2010, or June 30, 2011, respectively. Supplemental
appropriations and reductions to appropriations for the fiscal year ending June 30, 2010,
are effective the day following final enactment.
new text end

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2010
new text end
new text begin 2011
new text end

Sec. 3. new text beginLEGISLATURE
new text end

new text begin $
new text end
new text begin (1,126,000)
new text end
new text begin $
new text end
new text begin (2,940,000)
new text end
new text begin Appropriations by Fund
new text end
new text begin 2010
new text end
new text begin 2011
new text end
new text begin General
new text end
new text begin (1,121,000)
new text end
new text begin (2,935,000)
new text end
new text begin Health Care Access
new text end
new text begin (5,000)
new text end
new text begin (5,000)
new text end

new text begin In fiscal year 2011, $536,000 is canceled
to the general fund from the accounts
established under Minnesota Statutes, section
16A.281.
new text end

Sec. 4. new text beginGOVERNOR AND LIEUTENANT
GOVERNOR
new text end

new text begin $
new text end
new text begin (64,000)
new text end
new text begin $
new text end
new text begin (146,000)
new text end

new text begin $10,000 in fiscal year 2010 and $32,000
in fiscal year 2011 are transferred from
the interagency agreements account in the
special revenue fund to the general fund.
These are onetime transfers.
new text end

Sec. 5. new text beginSTATE AUDITOR
new text end

new text begin $
new text end
new text begin (32,000)
new text end
new text begin $
new text end
new text begin (78,000)
new text end

Sec. 6. new text beginATTORNEY GENERAL
new text end

new text begin $
new text end
new text begin (436,000)
new text end
new text begin $
new text end
new text begin (954,000)
new text end

Sec. 7. new text beginSECRETARY OF STATE
new text end

new text begin $
new text end
new text begin (104,000)
new text end
new text begin $
new text end
new text begin (250,000)
new text end

Sec. 8. new text beginCAMPAIGN FINANCE AND PUBLIC
DISCLOSURE BOARD
new text end

new text begin $
new text end
new text begin (28,000)
new text end
new text begin $
new text end
new text begin (8,000)
new text end

new text begin The base budget for the Campaign Finance
and Public Disclosure Board is $726,000 in
fiscal year 2012 and $726,000 in fiscal year
2013.
new text end

Sec. 9. new text beginINVESTMENT BOARD
new text end

new text begin $
new text end
new text begin (2,000)
new text end
new text begin $
new text end
new text begin (5,000)
new text end

Sec. 10. new text beginOFFICE OF ENTERPRISE
TECHNOLOGY
new text end

new text begin $
new text end
new text begin (111,000)
new text end
new text begin $
new text end
new text begin (169,000)
new text end

new text begin These reductions are from the enterprise
planning and management program.
new text end

Sec. 11. new text beginADMINISTRATIVE HEARINGS
new text end

new text begin $
new text end
new text begin (8,000)
new text end
new text begin $
new text end
new text begin 487,000
new text end

new text begin $495,000 in fiscal year 2011 is for the cost of
administrative reviews filed under Minnesota
Statutes, sections 169A.53, subdivision 3,
and 169A.60, subdivision 10. The general
fund base for the Office of Administrative
Hearings is $1,037,000 in fiscal year 2012
and $907,000 in fiscal year 2013.
new text end

Sec. 12. new text beginADMINISTRATION
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin (419,000)
new text end

new text begin (a) These reductions are from the government
and citizens services program. $8,000 of
the reductions in fiscal year 2011 is
from the transfer to the commissioner
of human services for a grant to the
Council of Developmental Disabilities. The
appropriation for this grant shall be included
in the base budget for the commissioner of
human services for the biennium beginning
July 1, 2011, and is reduced by $8,000 each
year of the biennium. The general fund
base budget for the government and citizens
services program is $8,936,000 in fiscal year
2012 and $8,936,000 in fiscal year 2013.
new text end

new text begin (b) $209,000 in fiscal year 2010 and $31,000
in fiscal year 2011 are transferred from the
central stores fund to the general fund. These
are onetime transfers.
new text end

new text begin (c) The balance in the commuter van program
account in the special revenue fund shall be
transferred to the general fund on or before
June 30, 2010. This is a onetime transfer.
new text end

new text begin (d) The balance in the archaeology burial
account of the special revenue fund shall be
transferred to the general fund on or before
June 30, 2010. This is a onetime transfer.
new text end

new text begin (e) $1,492 in fiscal year 2010 is transferred
from the utility rebates account in the special
revenue fund to the general fund. This is a
onetime transfer.
new text end

Sec. 13. new text beginCAPITOL AREA
ARCHITECTURAL AND PLANNING
BOARD
new text end

new text begin $
new text end
new text begin (6,000)
new text end
new text begin $
new text end
new text begin (11,000)
new text end

Sec. 14. new text beginMANAGEMENT AND BUDGET
new text end

new text begin $
new text end
new text begin (386,000)
new text end
new text begin $
new text end
new text begin (599,000)
new text end

new text begin (a) $300 in fiscal year 2010 and $300 in
fiscal year 2011 are transferred from the
combined charities administration account in
the special revenue fund to the general fund.
These are onetime transfers.
new text end

new text begin (b) $8,700 in fiscal year 2010 and $10,700
in fiscal year 2011 are transferred from the
information systems division account in the
special revenue fund to the general fund.
These are onetime transfers.
new text end

Sec. 15. new text beginREVENUE
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin (779,000)
new text end
new text begin $
new text end
new text begin 5,362,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2010
new text end
new text begin 2011
new text end
new text begin General
new text end
new text begin (768,000)
new text end
new text begin 5,379,000
new text end
new text begin Health Care Access
new text end
new text begin (11,000)
new text end
new text begin (17,000)
new text end

new text begin Subd. 2. new text end

new text begin Tax System Management
new text end

new text begin (779,000)
new text end
new text begin 3,492,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2010
new text end
new text begin 2011
new text end
new text begin General
new text end
new text begin (768,000)
new text end
new text begin 3,509,000
new text end
new text begin Health Care Access
new text end
new text begin (11,000)
new text end
new text begin (17,000)
new text end

new text begin (a) $4,857,000 is for additional activities
to identify and collect tax liabilities from
individuals and business that currently do not
pay all taxes owed. This initiative is expected
to result in new general fund revenues of
$13,065,000 for fiscal year 2011.
new text end

new text begin (b) The department must report to the chairs
of the house of representative Ways and
Means and senate Finance Committees by
March 15, 2011, and January 15, 2012, on
the following performance indicators:
new text end

new text begin (1) the number of corporations noncompliant
with the corporate tax system each year and
the percentage and dollar amounts of valid
tax liabilities collected;
new text end

new text begin (2) the number of businesses noncompliant
with the sales and use tax system and the
percentage and dollar amount of the valid tax
liabilities collected; and
new text end

new text begin (3) the number of individual noncompliant
cases resolved and the percentage and dollar
amount of valid tax liabilities collected.
new text end

new text begin (c) The reports must also identify base-level
expenditures and staff positions related to
compliance and audit activities, including
baseline information as of January 1, 2009.
The information must be provided at the
budget activity level.
new text end

new text begin Subd. 3. new text end

new text begin Debt Collection Management
new text end

new text begin -0-
new text end
new text begin 1,870,000
new text end

new text begin $1,870,000 is for additional activities to
identify and collect tax liabilities from
individuals and businesses that currently
do not pay all taxes owed. This initiative
is expected to result in new general fund
revenues of $13,800,000 for fiscal year 2011.
new text end

Sec. 16. new text beginGAMBLING CONTROL
new text end

new text begin $
new text end
new text begin (51,000)
new text end
new text begin $
new text end
new text begin (88,000)
new text end

new text begin $51,000 in fiscal year 2010 and $88,000
in fiscal year 2011 are transferred from
the lawful gambling account in the special
revenue fund to the general fund. These are
onetime transfers.
new text end

Sec. 17. new text beginRACING COMMISSION
new text end

new text begin $
new text end
new text begin (19,000)
new text end
new text begin $
new text end
new text begin (29,000)
new text end

new text begin $19,000 in fiscal year 2010 and $29,000 in
fiscal year 2011 are transferred from the
racing and card playing regulation accounts
in the special revenue fund to the general
fund. These are onetime transfers.
new text end

Sec. 18. new text beginAMATEUR SPORTS
new text end

new text begin $
new text end
new text begin (4,000)
new text end
new text begin $
new text end
new text begin (8,000)
new text end

Sec. 19. new text beginCOUNCIL ON BLACK
MINNESOTANS
new text end

new text begin $
new text end
new text begin (5,000)
new text end
new text begin $
new text end
new text begin (9,000)
new text end

Sec. 20. new text beginCOUNCIL ON CHICANO-LATINO
AFFAIRS
new text end

new text begin $
new text end
new text begin (6,000)
new text end
new text begin $
new text end
new text begin (9,000)
new text end

Sec. 21. new text beginCOUNCIL ON ASIAN-PACIFIC
MINNESOTANS
new text end

new text begin $
new text end
new text begin (5,000)
new text end
new text begin $
new text end
new text begin (8,000)
new text end

Sec. 22. new text beginINDIAN AFFAIRS COUNCIL
new text end

new text begin $
new text end
new text begin (9,000)
new text end
new text begin $
new text end
new text begin (14,000)
new text end

Sec. 23. new text beginGENERAL CONTINGENT
ACCOUNTS
new text end

new text begin $
new text end
new text begin (750,000)
new text end
new text begin $
new text end
new text begin -0-
new text end

new text begin This reduction is from the appropriation for
potential state matching requirements under
the American Reinvestment and Recovery
Act of 2009.
new text end

Sec. 24.

Laws 2009, chapter 101, article 1, section 31, is amended to read:


Sec. 31. PROBLEM GAMBLING APPROPRIATION.

$225,000 in fiscal year 2010 and deleted text begin$225,000deleted text end new text begin$175,000 new text endin fiscal year 2011 are
appropriated from the lottery prize fund to the Gambling Control Board for a grant to the
state affiliate recognized by the National Council on Problem Gambling. The affiliate
must provide services to increase public awareness of problem gambling, education
and training for individuals and organizations providing effective treatment services to
problem gamblers and their families, and research relating to problem gambling. These
services must be complimentary to and not duplicative of the services provided through
the problem gambling program administered by the commissioner of human services. Of
this appropriation, $50,000 in fiscal year 2010 deleted text beginand $50,000 in fiscal year 2011 aredeleted text end new text beginis
new text endcontingent on the contribution of nonstate matching funds. Matching funds may be either
cash or qualifying in-kind contributions. The commissioner of finance may disburse the
state portion of the matching funds in increments of $25,000 upon receipt of a commitment
for an equal amount of matching nonstate funds. These are onetime appropriations.

Sec. 25. new text beginADDITIONAL OPERATING BUDGET REDUCTIONS.
new text end

new text begin By July 30, 2010, the commissioner of management and budget shall allocate a
reduction of $9,000,000 per year to the operating budgets of executive branch state
agencies, as defined in Minnesota Statutes, section 16A.011, subdivision 12a. To the
extent possible, this reduction must be achieved through estimated savings in expenditures
for technology, space, or services. If expenditure reductions are achieved in dedicated
funds other than those established in the state constitution or protected by federal law,
the commissioner of management and budget may transfer the amount of the savings to
the general fund. Executive branch state agencies shall cooperate with the commissioner
of management and budget in developing and implementing these reductions. Any
amount of the reduction that cannot be achieved through savings in the expenditure types
described in this section must be allocated to executive state agency operating budgets
by the commissioner. Reductions in fiscal year 2011 shall cancel to the general fund
and future reductions shall be reflected as reductions in agency base budgets for fiscal
years 2012 and 2013. The commissioner of management and budget shall report to the
chairs and ranking minority members of the senate Finance Committee and the house
of representatives Ways and Means and Finance Committees regarding the amount of
reductions in spending by each agency under this section.
new text end

ARTICLE 2

STATE GOVERNMENT OPERATIONS

Section 1.

Minnesota Statutes 2008, section 4.51, is amended to read:


4.51 EXPENSES OF GOVERNOR-ELECT.

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

deleted text begin This section applies after a state general election
in which a person who is not the current governor is elected to take office as the next
governor. The commissioner of administration must request a transfer from the general
fund contingent account of an amount equal to 1.5 percent of the amount appropriated
for operation of the Office of the Governor and Lieutenant Governor for the current
fiscal year. This request is subject to the review and advice of the Legislative Advisory
Commission pursuant to section 3.30. If the transfer is approved, the commissioner of
administration must make this amount available to the governor-elect before he or she
takes office. The commissioner must provide office space for the governor-elect and for
any employees the governor-elect hires.
deleted text end new text begin (a) "Governor-elect" means the person who is
not currently governor and is the apparent successful candidate for the office of governor
following a general election.
new text end

new text begin (b) "Commissioner" means the commissioner of the Department of Management
and Budget.
new text end

new text begin Subd. 2. new text end

new text begin Transition expenses. new text end

new text begin In the fiscal year of a gubernatorial election and
subject to availability of funds, the commissioner shall transfer up to $162,000 from the
general contingent account in the general fund to the Department of Management and
Budget. This transfer is subject to the review and advice of the Legislative Advisory
Commission pursuant to section 3.30. In consultation with the governor-elect, the
commissioner shall use the transferred funds to pay expenses of the governor-elect
associated with preparing for the assumption of official duties as governor. The
commissioner may use the transferred funds for expenses necessary and prudent for
establishment of a transition office prior to the election and for dissolution of the office if
the incumbent governor is reelected or after the inauguration of a new governor. Expenses
of the governor-elect may include suitable office space and equipment, communications
and technology support, consulting services, compensation and travel costs, and other
reasonable expenses. Compensation rates for temporary employees hired to support the
governor-elect and rates paid for consulting services for the governor-elect shall be
determined by the governor-elect.
new text end

new text begin Subd. 3. new text end

new text begin Unused funds. new text end

new text begin No new obligations shall be incurred for expenses of
the governor-elect after the date of the inauguration. By March 31 of the year of the
inauguration, the commissioner shall return to the general contingent account any funds
transferred under this section that the commissioner determines are not needed to pay
expenses of the governor-elect.
new text end

Sec. 2.

Minnesota Statutes 2008, section 11A.16, subdivision 5, is amended to read:


Subd. 5.

Calculation of income.

As of the end of each fiscal year, the state
board shall calculate the investment income earned by the permanent school fund. The
investment income earned by the fund shall equal the amount of interest on debt securities
deleted text begin anddeleted text endnew text begin,new text end dividends on equity securitiesnew text begin, and interest earned on certified monthly earnings prior
to the transfer to the Department of Education
new text end. Gains and losses arising from the sale of
securities shall be apportioned as follows:

(a) If the sale of securities results in a net gain during a fiscal year, the gain shall
be apportioned in equal installments over the next ten fiscal years to offset net losses in
those years. If any portion of an installment is not needed to recover subsequent losses
identified in paragraph (b) it shall be added to the principal of the fund.

(b) If the sale of securities results in a net loss during a fiscal year, the net loss shall
be recovered first from the gains in paragraph (a) apportioned to that fiscal year. If these
gains are insufficient, any remaining net loss shall be recovered from interest and dividend
income in equal installments over the following ten fiscal years.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2009 Supplement, section 16A.82, is amended to read:


16A.82 TECHNOLOGY LEASE-PURCHASE APPROPRIATION.

deleted text begin $3,548,000 in fiscal year 2010; $3,546,000 in fiscal year 2011; and $10,054,000 in
each fiscal year 2012 through 2019
deleted text endnew text begin The following amounts new text end are appropriated from the
general fund to the commissioner to make payments under a lease-purchase agreement
as defined in section 16A.81 for replacement of the state's accounting and procurement
systems, provided that the state is not obligated to continue such appropriation of funds or
to make lease payments in any future fiscal year.

new text begin Fiscal year 2010
new text end
new text begin $ 2,828,038
new text end
new text begin Fiscal year 2011
new text end
new text begin $ 3,063,950
new text end
new text begin Fiscal year 2012
new text end
new text begin $ 8,967,850
new text end
new text begin Fiscal year 2013
new text end
new text begin $ 8,968,950
new text end
new text begin Fiscal year 2014
new text end
new text begin $ 8,970,850
new text end
new text begin Fiscal year 2015
new text end
new text begin $ 8,971,150
new text end
new text begin Fiscal year 2016
new text end
new text begin $ 8,966,450
new text end
new text begin Fiscal year 2017
new text end
new text begin $ 8,967,500
new text end
new text begin Fiscal year 2018
new text end
new text begin $ 8,970,750
new text end
new text begin Fiscal year 2019
new text end
new text begin $ 8,968,500
new text end

new text begin Of these appropriations, up to $2,000 per year may be used to pay the annual trustee
fees for the lease-purchase agreements authorized in this section and section 270C.145.
new text end
Any unexpended portions of this appropriation cancel to the general fund at the close of
each biennium. This section expires June 30, deleted text begin2020deleted text endnew text begin 2019new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2008, section 16B.04, subdivision 2, is amended to read:


Subd. 2.

Powers and duties, generally.

Subject to other provisions of this chapter,
the commissioner is authorized to:

(1) supervise, control, review, and approve all state contracts and purchasing;

(2) provide agencies with supplies and equipment and operate all central store or
supply rooms serving more than one agency;

(3) investigate and study the management and organization of agencies, and
reorganize them when necessary to ensure their effective and efficient operation;

(4) manage and control state property, real and personal;

(5) maintain and operate all state buildings, as described in section 16B.24,
subdivision 1
;

(6) supervise, control, review, and approve all capital improvements to state
buildings and the capitol building and grounds;

(7) provide central duplicating, printing, and mail facilities;

(8) oversee publication of official documents and provide for their sale;

(9) manage and operate parking facilities for state employees and a central motor
pool for travel on state business;

(10) provide rental space within the capitol complex for a private day care center for
children of state employees. The commissioner shall contract for services as provided
in this chapter; deleted text beginanddeleted text end

(11) settle state employee workers' compensation claimsdeleted text begin.deleted text endnew text begin; andnew text end

new text begin (12) operate a state recycling center.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 5.

Minnesota Statutes 2008, section 16B.48, subdivision 2, is amended to read:


Subd. 2.

Purpose of funds.

Money in the state treasury credited to the general
services revolving fund and money that is deposited in the fund is appropriated annually to
the commissioner for the following purposes:

(1) to operate a central store and equipment service;

(2) to operate the central mailing service, including purchasing postage and related
items and refunding postage deposits;

(3) to operate a documents service as prescribed by section 16B.51;

(4) to provide services for the maintenance, operation, and upkeep of buildings and
grounds managed by the commissioner of administration;

(5) to operate a materials handling service, including interagency mail and product
delivery, solid waste removal, courier service, equipment rental, and vehicle and
equipment maintenance;

(6) to provide analytical, statistical, and organizational development services to
state agencies, local units of government, metropolitan and regional agencies, and school
districts;

(7) to operate a records center and provide micrographics products and services; deleted text beginand
deleted text end

(8) to perform services for any other agency. Money may be expended for this
purpose only when directed by the governor. The agency receiving the services shall
reimburse the fund for their cost, and the commissioner shall make the appropriate
transfers when requested. The term "services" as used in this clause means compensation
paid officers and employees of the state government; supplies, materials, equipment,
and other articles and things used by or furnished to an agency; and utility services and
other services for the maintenance, operation, and upkeep of buildings and offices of
the state governmentdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (9) to operate a state recycling center.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 6.

Minnesota Statutes 2008, section 79.34, subdivision 1, is amended to read:


Subdivision 1.

Conditions requiring membership.

The nonprofit association
known as the Workers' Compensation Reinsurance Association may be incorporated under
chapter 317A with all the powers of a corporation formed under that chapter, except that
if the provisions of that chapter are inconsistent with sections 79.34 to 79.40, sections
79.34 to 79.40 govern. Each insurer as defined by section 79.01, subdivision 2, shall, as
a condition of its authority to transact workers' compensation insurance in this state, be
a member of the reinsurance association and is bound by the plan of operation of the
reinsurance association; provided, that all affiliated insurers within a holding company
system as defined in chapter 60D are considered a single entity for purposes of the exercise
of all rights and duties of membership in the reinsurance association. Each self-insurer
approved under section 176.181 and each political subdivision that self-insures shall, as a
condition of its authority to self-insure workers' compensation liability in this state, be a
member of the reinsurance association and is bound by its plan of operation; provided that:

(1) all affiliated companies within a holding company system, as determined by
the commissioner of labor and industry in a manner consistent with the standards and
definitions in chapter 60D, are considered a single entity for purposes of the exercise of all
rights and duties of membership in the reinsurance association; and

(2) all group self-insurers granted authority to self-insure pursuant to section
176.181 are considered single entities for purposes of the exercise of all the rights and
duties of membership in the reinsurance association. As a condition of its authority to
self-insure workers' compensation liability, and for losses incurred after December 31,
1983, the state is a member of the reinsurance association and is bound by its plan of
operation. The commissioner of deleted text beginmanagement and budgetdeleted text end new text beginadministration new text endrepresents
the state in the exercise of all the rights and duties of membership in the reinsurance
association. The amounts necessary to pay the state's premiums required for coverage by
the Workers' Compensation Reinsurance Association are appropriated from the general
fund to the commissioner of deleted text beginmanagement and budgetdeleted text endnew text begin administrationnew text end. The University
of Minnesota shall pay its portion of workers' compensation reinsurance premiums
directly to the Workers' Compensation Reinsurance Association. For the purposes of
this section, "state" means the administrative branch of state government, the legislative
branch, the judicial branch, the University of Minnesota, and any other entity whose
workers' compensation liability is paid from the state revolving fund. The commissioner
of management and budget may calculate, prorate, and charge a department or agency
the portion of premiums paid to the reinsurance association for employees who are
paid wholly or in part by federal funds, dedicated funds, or special revenue funds. The
reinsurance association is not a state agency. Actions of the reinsurance association and its
board of directors and actions of the commissioner of labor and industry with respect to
the reinsurance association are not subject to chapters 13 and 15. All property owned by
the association is exempt from taxation. The reinsurance association is not obligated to
make any payments or pay any assessments to any funds or pools established pursuant to
this chapter or chapter 176 or any other law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

Minnesota Statutes 2008, section 115A.15, subdivision 6, is amended to read:


Subd. 6.

Use of funds.

All deleted text beginfunds appropriated by the state for the resource recovery
program, all
deleted text end revenues resulting from the sale of recyclable and reusable commodities made
available for sale as a result of the resource recovery programdeleted text begin, and all reimbursements
to the commissioner of expenses incurred by the commissioner in developing and
administering resource recovery systems for state agencies, governmental units, and
nonprofit organizations must be deposited in the general fund. The commissioner shall
determine the waste disposal cost savings associated with recycling and reuse activities.
deleted text endnew text begin
will be used by the service provider to offset the cost of the recycling.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 8.

Minnesota Statutes 2008, section 127A.46, is amended to read:


127A.46 CHANGE IN PAYMENT OF AIDS AND CREDITS.

If the commissioner of management and budget determines that modifications in the
payment schedule would reduce the need for state short-term borrowing, the commissioner
deleted text begin shalldeleted text endnew text begin maynew text end modify payments to districts according to this section. The modifications must
begin no sooner than September 1 of each fiscal year, and must remain in effect until no
later than May 30 of that same fiscal year. In calculating the payment to a district pursuant
to section 127A.45, subdivision 3, the commissioner may subtract the sum specified in
that subdivision, plus an additional amount no greater than the following:

(1) the net cash balance in each of the district's operating funds on June 30 of the
preceding fiscal year; minus

(2) the product of $150 times the number of resident pupil units in the preceding
fiscal year; minus

(3) the amount of payments made by the county treasurer during the preceding fiscal
year, pursuant to section 276.11, which is considered revenue for the current school year.
However, no additional amount shall be subtracted if the total of the net unappropriated
fund balances in the district's four operating funds on June 30 of the preceding fiscal year,
is less than the product of $350 times the number of resident pupil units in the preceding
fiscal year. The net cash balance must include all cash and investments, less certificates of
indebtedness outstanding, and orders not paid for want of funds.

A district may appeal the payment schedule established by this section according to
the procedures established in section 127A.45, subdivision 4.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 9.

Minnesota Statutes 2009 Supplement, section 270C.145, is amended to read:


270C.145 TECHNOLOGY LEASE-PURCHASE APPROPRIATION.

deleted text begin $855,000 in fiscal year 2010; $853,000 in fiscal year 2011; and $2,519,000 in each
fiscal year 2012 through 2019 is
deleted text endnew text begin The following amounts arenew text end appropriated from the general
fund to the commissioner to make payments under a lease-purchase agreement as defined
in section 16A.81 for completing the purchase and development of an integrated tax
software package; provided that the state is not obligated to continue the appropriation of
funds or to make lease payments in any future fiscal year.

new text begin Fiscal year 2010
new text end
new text begin $ 670,213
new text end
new text begin Fiscal year 2011
new text end
new text begin $ 748,550
new text end
new text begin Fiscal year 2012
new text end
new text begin $ 2,250,150
new text end
new text begin Fiscal year 2013
new text end
new text begin $ 2,251,550
new text end
new text begin Fiscal year 2014
new text end
new text begin $ 2,250,350
new text end
new text begin Fiscal year 2015
new text end
new text begin $ 2,251,550
new text end
new text begin Fiscal year 2016
new text end
new text begin $ 2,249,950
new text end
new text begin Fiscal year 2017
new text end
new text begin $ 2,251,250
new text end
new text begin Fiscal year 2018
new text end
new text begin $ 2,249,000
new text end
new text begin Fiscal year 2019
new text end
new text begin $ 2,247,000
new text end

Any unexpended portions of this appropriation cancel to the general fund at the
close of each biennium. This section expires June 30, 2019.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10.

Minnesota Statutes 2009 Supplement, section 289A.08, subdivision 16,
is amended to read:


Subd. 16.

Tax refund or return preparers; electronic filing; paper filing fee
imposed.

(a) A "tax refund or return preparer," as defined in section 289A.60, subdivision
13
, paragraph (f), who deleted text beginprepareddeleted text end new text beginis a tax return preparer for purposes of section 6011(e)
of the Internal Revenue Code, and who reasonably expects to prepare
new text endmore than deleted text begin100deleted text end
new text begin ten new text endMinnesota individual income tax returns for the prior calendar year must file all
Minnesota individual income tax returns prepared for deleted text beginthe currentdeleted text end new text beginthat new text endcalendar year by
electronic means.

(b) Paragraph (a) does not apply to a return if the taxpayer has indicated on the return
that the taxpayer did not want the return filed by electronic means.

(c) For each return that is not filed electronically by a tax refund or return preparer
under this subdivision, including returns filed under paragraph (b), a paper filing fee
of $5 is imposed upon the preparer. The fee is collected from the preparer in the same
manner as income tax. The fee does not apply to returns that the commissioner requires
to be filed in paper form.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for tax returns filed after December
31, 2010.
new text end

ARTICLE 3

IMPLIED CONSENT PROVISIONS

Section 1.

Minnesota Statutes 2008, section 169A.52, subdivision 6, is amended to
read:


Subd. 6.

Notice of revocation or disqualification; review.

A revocation under
this section or a disqualification under section 171.165 (commercial driver's license
disqualification) becomes effective at the time the commissioner or a peace officer acting
on behalf of the commissioner notifies the person of the intention to revoke, disqualify, or
both, and of revocation or disqualification. The notice must advise the person of the right
to obtain deleted text beginadministrative and judicialdeleted text end new text beginreview by the commissioner and an administrative
hearing
new text endreview as provided in section 169A.53 (administrative deleted text beginand judicialdeleted text end review of
license revocation). If mailed, the notice and order of revocation or disqualification is
deemed received three days after mailing to the last known address of the person.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2011.
new text end

Sec. 2.

Minnesota Statutes 2008, section 169A.53, is amended to read:


169A.53 new text beginCOMMISSIONER REVIEW AND new text endADMINISTRATIVE deleted text beginAND
JUDICIAL
deleted text endnew text begin HEARINGnew text end REVIEW OF LICENSE REVOCATIONnew text begin; APPEALnew text end.

Subdivision 1.

deleted text beginAdministrativedeleted text endnew text begin Commissionernew text end review.

(a) At any time during a
period of revocation imposed under section 169A.52 (revocation of license for test failure
or refusal) or a period of disqualification imposed under section 171.165 (commercial
driver's license disqualification), a person may request in writing a review of the order
of revocation or disqualification by the commissioner, unless the person is entitled to
review under section 171.166 (review of disqualification). Upon receiving a request the
commissioner or the commissioner's designee shall review the order, the evidence upon
which the order was based, and any other material information brought to the attention
of the commissioner, and determine whether sufficient cause exists to sustain the order.
Within 15 days of receiving the request the commissioner shall report in writing the results
of the review. The review provided in this subdivision is not subject to the contested case
provisions of the Administrative Procedure Act in sections 14.001 to 14.69.

(b) The availability of administrative review for an order of revocation or
disqualification has no effect upon the availability of deleted text beginjudicialdeleted text endnew text begin an administrativenew text end reviewnew text begin
hearing
new text end under this section.

(c) Review under this subdivision must take place, if possible, at the same time as
any administrative review of the person's impoundment order under section 169A.60,
subdivision 9
.

Subd. 2.

Petition for deleted text beginjudicialdeleted text end new text beginadministrative new text endreviewnew text begin hearingnew text end.

(a) new text beginNotwithstanding
section 14.57 and other law to the contrary,
new text endwithin 30 days following receipt of a notice
and order of revocation or disqualification pursuant to section 169A.52 (revocation of
license for test failure or refusal), a person may petition the deleted text begincourtdeleted text endnew text begin Office of Administrative
Hearings
new text end for review. The petition must be filed with the deleted text begindistrict court administrator in the
county where the alleged offense occurred,
deleted text endnew text begin Office of Administrative Hearings,new text end together
with proof of service of a copy on the commissioner, and accompanied by the deleted text beginstandarddeleted text end
filing fee deleted text beginfor civil actionsdeleted text endnew text begin provided under section 357.081new text end. Responsive pleading is not
required of the commissioner, and deleted text begincourtdeleted text end fees must not be charged for the appearance of
the commissioner in the matter.

(b) The petition must:

(1) be captioned in the full name of the person making the petition as petitioner and
the commissioner as respondent;

(2) include the petitioner's date of birth, driver's license number, and date of the
offense; and

(3) state with specificity the grounds upon which the petitioner seeks rescission of
the order of revocation, disqualification, or denial.

(c) The filing of the petition does not stay the revocation, disqualification, or denial.
The deleted text beginreviewing courtdeleted text endnew text begin hearing officernew text end may order a stay of the balance of the revocation or
disqualification if the hearing has not been conducted within 60 days after filing of the
petition upon terms the deleted text begincourtdeleted text endnew text begin hearing officernew text end deems proper.

(d) deleted text beginJudicialdeleted text end Reviews must be conducted according to deleted text beginthe Rules of Civil Procedure,
except that
deleted text end new text begin sections 14.57 to 14.69 and Minnesota Rules, parts 1400.5010 to 1400.8401,
unless otherwise provided in this section.
new text end

new text begin (e) new text endPrehearing discovery is mandatory and is limited to:

(1) the notice of revocation;

(2) the test record or, in the case of blood or urine tests, the certificate of analysis;

(3) the peace officer's certificate and any accompanying documentation submitted by
the arresting officer to the commissioner; and

(4) disclosure of potential witnesses, including experts, and the basis of their
testimony.

Other types of discovery are available only upon order of the deleted text begincourtdeleted text endnew text begin administrative
law judge
new text end.

Subd. 3.

deleted text beginJudicialdeleted text endnew text begin Administrative reviewnew text end hearing; issues, order, appeal.

(a) deleted text beginA
judicial review hearing under this section must be before a district judge in any county in
the judicial district where the alleged offense occurred. The hearing is to the court and
may be conducted at the same time and in the same manner as hearings upon pretrial
motions in the criminal prosecution under section 169A.20 (driving while impaired), if
any.
deleted text end The hearing must be recorded. The commissioner shall appear and be represented by
the attorney general deleted text beginor through the prosecuting authority for the jurisdiction involveddeleted text end. The
hearing must be held at the earliest practicable date, and in any event no later than 60 days
following the filing of the petition for review. The deleted text beginjudicial district administratordeleted text end new text beginOffice of
Administrative Hearings
new text endshall establish procedures to ensure efficient compliance with
this subdivision. To accomplish this, the deleted text beginadministratordeleted text end new text beginOffice of Administrative Hearings
new text endmay, whenever possible, consolidate and transfer review hearings deleted text beginamong the locations
within the judicial district where terms of district court are held
deleted text endnew text begin and receive testimony and
argument by means of interactive television
new text end.

(b) The scope of the hearing is limited to the issues in clauses (1) to (10):

(1) Did the peace officer have probable cause to believe the person was driving,
operating, or in physical control of a motor vehicle or commercial motor vehicle in
violation of section 169A.20 (driving while impaired)?

(2) Was the person lawfully placed under arrest for violation of section 169A.20?

(3) Was the person involved in a motor vehicle accident or collision resulting in
property damage, personal injury, or death?

(4) Did the person refuse to take a screening test provided for by section 169A.41
(preliminary screening test)?

(5) If the screening test was administered, did the test indicate an alcohol
concentration of 0.08 or more?

(6) At the time of the request for the test, did the peace officer inform the person
of the person's rights and the consequences of taking or refusing the test as required by
section 169A.51, subdivision 2?

(7) Did the person refuse to permit the test?

(8) If a test was taken by a person driving, operating, or in physical control of a
motor vehicle, did the test results indicate at the time of testing:

(i) an alcohol concentration of 0.08 or more; or

(ii) the presence of a controlled substance listed in schedule I or II or its metabolite,
other than marijuana or tetrahydrocannabinols?

(9) If a test was taken by a person driving, operating, or in physical control of a
commercial motor vehicle, did the test results indicate an alcohol concentration of 0.04 or
more at the time of testing?

(10) Was the testing method used valid and reliable and were the test results
accurately evaluated?

(c) It is an affirmative defense for the petitioner to prove that, at the time of the
refusal, the petitioner's refusal to permit the test was based upon reasonable grounds.

(d) Certified or otherwise authenticated copies of laboratory or medical personnel
reports, records, documents, licenses, and certificates are admissible as substantive
evidence.

(e) The deleted text begincourtdeleted text endnew text begin hearing officernew text end shall order that the revocation or disqualification be
either rescinded or sustained and forward the order to the commissioner. The deleted text begincourtdeleted text endnew text begin hearing
officer
new text end shall file deleted text beginitsdeleted text endnew text begin thenew text end order within 14 days following the hearing. If the revocation or
disqualification is sustained, the deleted text begincourtdeleted text endnew text begin hearing officernew text end shall also forward the person's
driver's license or permit to the commissioner for further action by the commissioner if the
license or permit is not already in the commissioner's possession.

(f) Any party aggrieved by the decision of the deleted text beginreviewing courtdeleted text endnew text begin hearing officernew text end may
appeal the decision as provided in deleted text beginthe Rules of Appellate Proceduredeleted text endnew text begin chapter 14new text end.

(g) The deleted text begincivildeleted text endnew text begin administrative reviewnew text end hearing under this section shall not give rise to
an estoppel on any issues arising from the same set of circumstances in any criminal
prosecution.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2011.
new text end

Sec. 3.

Minnesota Statutes 2008, section 169A.60, subdivision 10, is amended to read:


Subd. 10.

Petition for deleted text beginjudicialdeleted text endnew text begin administrative new text end reviewnew text begin hearing; appealnew text end.

(a)
new text begin Notwithstanding section 14.57 and other law to the contrary, new text endwithin 30 days following
receipt of a notice and order of impoundment under this section, a person may petition
the deleted text begincourtdeleted text endnew text begin Office of Administrative Hearingsnew text end for review. The petition must include proof
of service of a copy of the petition on the commissioner. The petition must include the
petitioner's date of birth, driver's license number, and date of the plate impoundment
violation, as well as the name of the violator and the law enforcement agency that issued
the plate impoundment order. The petition must state with specificity the grounds upon
which the petitioner seeks rescission of the order for impoundment. The petition may be
combined with any petition filed under section 169A.53 (administrative deleted text beginand judicialdeleted text end
review of license revocation).

(b) Except as otherwise provided in this section, the deleted text beginjudicialdeleted text endnew text begin administrativenew text end review
deleted text begin anddeleted text end hearing deleted text beginaredeleted text endnew text begin isnew text end governed by section 169A.53 and must take place at the same time as
any deleted text beginjudicial reviewdeleted text endnew text begin administrative review hearingnew text end of the person's license revocation under
section 169A.53. The filing of the petition does not stay the impoundment order. The
deleted text begin reviewing courtdeleted text endnew text begin hearing officernew text end may order a stay of the balance of the impoundment period
if the hearing has not been conducted within 60 days after filing of the petition upon terms
the deleted text begincourtdeleted text endnew text begin hearing officernew text end deems proper. The deleted text begincourtdeleted text endnew text begin hearing officernew text end shall order either that the
impoundment be rescinded or sustained, and forward the order to the commissioner. The
deleted text begin courtdeleted text endnew text begin hearing officernew text end shall file its order within 14 days following the hearing.

(c) In addition to the issues described in section 169A.53, subdivision 3 (deleted text beginjudicialdeleted text end
new text begin administrative new text endreview of license revocation), the scope of a hearing under this subdivision
is limited to:

(1) if the impoundment is based on a plate impoundment violation described in
subdivision 1, paragraph (d), clause (3) or (4), whether the peace officer had probable
cause to believe the violator committed the plate impoundment violation and whether the
evidence demonstrates that the plate impoundment violation occurred; and

(2) for all other cases, whether the peace officer had probable cause to believe the
violator committed the plate impoundment violation.

(d) In a hearing under this subdivision, the following records are admissible in
evidence:

(1) certified copies of the violator's driving record; and

(2) certified copies of vehicle registration records bearing the violator's name.

new text begin (e) Any party aggrieved by the decision of the hearing officer may appeal the
decision as provided in chapter 14.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2011.
new text end

Sec. 4.

new text begin [357.081] OFFICE OF ADMINISTRATIVE HEARINGS; FEE.
new text end

new text begin The Office of Administrative Hearings shall charge and collect a filing fee of $310
from a person filing a petition for an administrative review of a driver's license revocation
under section 169A.53, vehicle impoundment under section 169A.60, or combined review.
Notwithstanding section 14.54, the Office of Administrative Hearings shall transmit the
fees monthly to the commissioner of management and budget for deposit in the state
treasury and credit to the general fund.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end

Sec. 5. new text beginRULEMAKING AUTHORITY.
new text end

new text begin The Office of Administrative Hearings shall adopt rules under Minnesota Statutes,
chapter 14, to implement sections 1 to 4. The rules must include, at a minimum, the
procedure for hearings in regional offices, and the use of teleconferencing and highly
qualified hearing officers. The Office of Administrative Hearings may adopt the initial set
of these rules as exempt rules under Minnesota Statutes, section 14.386. These rules are
permanent and effective upon publication in the state register until further amended or
repealed by the Office of Administrative Hearings.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall prepare a bill for introduction in the 2011 regular
legislative session making any technical and conforming changes to Minnesota Statutes
made necessary by sections 1 to 5.
new text end