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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  
    Laws of Minnesota 1993 

                        CHAPTER 192-S.F.No. 1620 
           An act relating to the organization and operation of 
          state government; appropriating money for the general 
          legislative, judicial, and administrative expenses of 
          state government; providing for the transfer of 
          certain money in the state treasury; fixing and 
          limiting the amount of fees, penalties, and other 
          costs to be collected in certain cases; transferring 
          certain duties and functions; amending Minnesota 
          Statutes 1992, sections 3.971, by adding a 
          subdivision; 8.15; 
          16A.011, subdivisions 5, 6, and 14; 16A.04, 
          subdivision 1; 16A.055, subdivision 1; 16A.06, 
          subdivision 4; 16A.065; 16A.10, subdivisions 1 and 2; 
          16A.105; 16A.11, subdivisions 1 and 3; 16A.129, by 
          adding a subdivision; 16A.15, subdivisions 1, 5, and 
          6; 16A.152, by adding subdivisions; 16A.1541; 16A.28; 
          16A.281; 16A.58; 16A.69, subdivision 2; 16A.72; 
          16B.24, subdivision 9; 16B.41; 16B.43, subdivision 1; 
          16B.92; 43A.045; 192.501, subdivision 2; 196.051, 
          subdivision 3; 196.054, subdivision 2; 198.16; 
          240A.02, subdivision 1; 240A.03, by adding a 
          subdivision; 270.063; 271.07; 309.501; 352.96, 
          subdivision 3; 354B.05; 356.24, subdivision 1; 
          357.021, subdivisions 1a and 2; 357.022; 357.08; 
          357.18, subdivision 3; 484.74, subdivision 1; 484.76, 
          subdivision 1; 508.82; 508A.82; 548.23; 548.30; 
          549.02; 593.48; and 609.101, subdivision 4; proposing 
          coding for new law in Minnesota Statutes, chapters 3; 
          11A; 13; 15; 15A; 16A; 197; and 609; proposing coding for 
          new law as Minnesota Statutes, chapter 491A; repealing 
          Minnesota Statutes 1992, sections 13.072; 16A.095, 
          subdivision 3; 16A.123; 16A.128; 16A.1281; 16A.35; 
          16A.45, subdivisions 2 and 3; 16A.80; 290A.24; and 
          309.502; Laws 1989, chapter 335. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [STATE GOVERNMENT APPROPRIATIONS.] 
    The sums shown in the columns marked "APPROPRIATIONS" are 
appropriated from the general fund, or another fund named, to 
the agencies and for the purposes specified in this act, to be 
available for the fiscal years indicated for each purpose.  The 
figures "1993," "1994," and "1995," where used in this act, mean 
that the appropriation or appropriations listed under them are 
available for the year ending June 30, 1993, June 30, 1994, or 
June 30, 1995, respectively.  

                            SUMMARY BY FUND 
                                                     BIENNIAL
           1993           1994          1995           TOTAL
General  $650,000  $  335,939,000 $  332,409,000 $  668,348,000
Environmental             206,000        206,000        412,000
Highway User            1,669,000      1,669,000      3,338,000
State Government 
Special Revenue         2,378,000      2,378,000      4,756,000 
Special Revenue         4,338,000      4,338,000      8,676,000
Trunk Highway           1,032,000      1,032,000      2,064,000 
Workers' Compensation   3,897,000      3,902,000      7,799,000 
Game and Fish             140,000        140,000        280,000 
TOTAL                 349,599,000    346,074,000    695,673,000 
                                           APPROPRIATIONS 
                                       Available for the Year 
                                           Ending June 30 
                                          1994         1995 
Sec. 2.  LEGISLATURE 
Subdivision 1.  Total  
Appropriation                         46,009,000     48,909,000
              Summary by Fund
General              45,977,000    48,877,000
Trunk Highway            32,000        32,000
 The amounts that may be spent from this 
appropriation for each program are 
specified in the following subdivisions.
Subd. 2.  Senate                      14,736,000     15,787,000
$1,275,000 of the carryforward balance 
of the appropriation to the senate for 
fiscal year 1993 is canceled to the 
general fund. 
Subd. 3.  House of Representatives    20,500,000     21,904,000
Funds previously appropriated to the 
house of representatives and carried 
forward into the biennium beginning 
July 1, 1993, may be used only as 
provided in this section.  The first 
$400,000 of any carryforward must be 
placed in a special account that may be 
used only for special sessions, interim 
activity, or other public hearing or 
outreach purposes and related 
activities.  Any additional funds may 
be used only for technology or 
telecommunication system improvements 
and related activities. 
Subd. 4.  Legislative 
Coordinating Commission                6,835,000      7,342,000
              Summary by Fund
General               6,803,000     7,237,000
Trunk Highway            32,000        32,000
(a) Legislative Reference Library 
      1994           1995
       903,000        874,000
(b) Revisor of Statutes 
     3,994,000      4,413,000
(c) Great Lakes Commission   
        40,000         40,000
(d) Legislative Commission on the 
Economic Status of Women 
       180,000        175,000
(e) Legislative Commission on 
Employee Relations 
       106,000        104,000
(f) Legislative Commission 
on Pensions and Retirement 
       504,000        524,000
(g) Legislative Commission on 
Planning and Fiscal Policy 
        57,000         56,000
The second 50 percent of the 
appropriation to the department of 
finance for the statewide systems 
project is available only if the 
commissioner of finance seeks and 
receives a recommendation from the 
legislative commission on planning and 
fiscal policy on the degree to which 
the project will improve legislative 
access to information on the systems.  
The recommendation is advisory only.  
Failure of the commission to make a 
recommendation within 30 days of the 
commissioner's request shall be 
considered a negative recommendation.  
The commissioner shall seek a 
recommendation no later than October 1, 
1993. 
The legislative commission on planning 
and fiscal policy shall appoint a 
working group to work with the 
department of finance to facilitate 
improved legislative access to 
executive branch budgeting and 
accounting information that is public 
data. 
(h) Legislative Commission to    
Review Administrative Rules 
       136,000        134,000
(i) Legislative Commission on    
Waste Management 
       179,000        177,000
(j) Legislative Water Commission 
        99,000         99,000
 The legislative water commission shall 
report to the legislature by March 1, 
1994, on water supply constraints in 
the area to be served by the Lewis and 
Clark rural water system.  The report 
shall include the commission's analysis 
of the environmental and public policy 
aspects of importing or exporting water 
from the state. 
(k) Mississippi River Parkway 
Commission 
        42,000         32,000
              Summary by Fund
General                  10,000  
Trunk Highway            32,000        32,000
$10,000 the first year is from the 
general fund to the Mississippi river 
parkway commission to study the 
feasibility of starting an annual 
"Mississippi river games" competition.  
The sports event would rotate between 
the Twin Cities, St. Louis, Memphis, 
and New Orleans.  The study shall 
consider possible events and potential 
sources of funding.  The study must 
include methods for ensuring that there 
will be an approximately equal number 
of participants of each gender in the 
games.  The commission shall report to 
the state government divisions of the 
house and senate by February 1, 1994. 
(l) Legislative Coordinating 
Commission - General Support 
       273,000        267,000
(m) Legislative Coordinating
Commission - Nongeneral Support
       463,000        516,000 
 $70,000 the first year and $72,000 the 
second year are reserved for 
unanticipated costs of agencies in this 
subdivision and subdivision 5.  The 
legislative coordinating commission may 
transfer necessary amounts from this 
appropriation to the appropriations of 
the agencies concerned, and the amounts 
transferred are appropriated to those 
agencies to be spent by them.  If the 
appropriation for either year is 
insufficient, the appropriation for the 
other year is available for it. 
 $95,000 the first year and $99,000 the 
second year are for the state 
contribution to the National Conference 
of State Legislatures. 
 $83,000 the first year and $87,000 the 
second year are for the state 
contribution to the Council of State 
Governments. 
 $182,000 the first year and $233,000 
the second year are for the 
subcommittee on geographic information 
systems. 
 $8,000 the first year and $8,000 the 
second year are for the regent 
candidate advisory council.  
 $25,000 the first year and $15,000 the 
second year are for the higher 
education board candidate advisory 
council. 
 Notwithstanding Laws 1991, chapter 356, 
article 9, section 8, the terms of the 
members of the initial higher education 
board shall expire as provided by this 
section.  Four of the members appointed 
by the governor shall have their terms 
expire in three years, one in five 
years, and one in seven years from July 
1, 1991.  One member appointed by each 
higher education system shall have a 
term expiring five years from July 1, 
1991, and one member appointed by each 
higher education system shall have a 
term expiring seven years from July 1, 
1991.  Members shall choose their terms 
by lot. 
 The legislative coordinating commission 
shall study the feasibility of 
coordinating television production and 
other public outreach facilities 
between the house of representatives 
and the senate.  
 The legislative coordinating commission 
shall study the feasibility of allowing 
senators whose offices are in the state 
office building and who are concerned 
about personal security to park in the 
state office building parking ramp. 
(n) General Reduction  
      (141,000)      (142,000) 
The legislative coordinating commission 
shall make a general reduction of 
$283,000 in either year of the biennium 
from the legislative commissions.  None 
of the reduction may be taken from the 
legislative auditor, the legislative 
audit commission, or the legislative 
commission on employee relations. 
Subd. 5.  Legislative Audit 
Commission                             3,938,000      3,949,000
 The amounts that may be spent from this 
appropriation for each activity are as 
follows:  
(a) Legislative Audit Commission 
        15,000         15,000
(b) Legislative Auditor 
     3,923,000      3,934,000
 $115,000 the first year and $115,000 
the second year is for review of agency 
performance reports. 
Subd. 6.  Compensation Council 
 The salary increases for legislators 
and constitutional officers recommended 
in 1989 by the compensation council to 
take effect January 6, 1992, must not 
take effect until January 2, 1995. 
 A compensation council shall be 
appointed by September 1, 1993, in the 
manner provided in Minnesota Statutes, 
section 15A.082, subdivision 2.  The 
compensation council, in consultation 
with outside compensation specialists, 
must evaluate and make recommendations 
to the senate committee on governmental 
operations and reform and the house 
committee on governmental operations 
and gambling on compensation levels, 
and procedures for periodically 
reviewing and adjusting compensation 
levels, for positions listed in 
Minnesota Statutes, sections 15A.081, 
subdivisions 1, 7, and 7b; and 15A.082, 
subdivision 1.  The report must include 
comparisons with other comparable 
positions in the public and private 
sector and consider the nonmonetary 
rewards of public service.  The 
compensation council expires upon 
submission of the recommendations 
required by Minnesota Statutes, section 
15A.082, subdivision 3. 
Sec. 3.  SUPREME COURT 
Subdivision 1.  Total 
Appropriation                      $  18,135,000  $  18,135,000
 The amounts that may be spent from this 
appropriation for each program are 
specified in the following subdivisions.
Subd. 2.  Supreme Court Operations 
     3,860,000      3,860,000
 $2,500 the first year and $2,500 the 
second year are for a contingent 
account for expenses necessary for the 
normal operation of the court for which 
no other reimbursement is provided. 
 $25,000 the first year and $25,000 the 
second year are to implement the racial 
bias task force recommendations. 
Subd. 3.  Civil Legal Services
     4,507,000      4,507,000
 $4,507,000 the first year and 
$4,507,000 the second year are for 
legal service to low-income clients and 
for family farm legal assistance under 
Minnesota Statutes, section 480.242.  
Any unencumbered balance remaining in 
the first year does not cancel but is 
available for the second year of the 
biennium.  A qualified legal services 
program, as defined in Minnesota 
Statutes, section 480.24, subdivision 
3, may provide legal services to 
persons eligible for family farm legal 
assistance under Minnesota Statutes, 
section 480.242. 
Subd. 4.  Family Law Legal
Services
       877,000        877,000
 $877,000 the first year and $877,000 
the second year are to improve the 
access of low-income clients to legal 
representation in family law matters 
and must be distributed under Minnesota 
Statutes, section 480.242, to the 
qualified legal services programs 
described in Minnesota Statutes, 
section 480.242, subdivision 2, 
paragraph (a).  Any unencumbered 
balance remaining in the first year 
does not cancel and is available for 
the second year of the biennium. 
Subd. 5.  State Court Administration 
     7,237,000      7,237,000
$75,000 of the appropriation in Laws 
1992, chapter 571, article 18, section 
8, is available until expended for the 
advisory task force on the juvenile 
justice system. 
Subd. 6.  Law Library Operations
     1,654,000      1,654,000
Sec. 4.  COURT OF APPEALS              5,700,000      5,700,000
Sec. 5.  DISTRICT COURTS              60,423,000     60,423,000
Sec. 6.  BOARD OF JUDICIAL  
STANDARDS                                177,000        177,000
Sec. 7.  TAX COURT                       518,000        515,000
Sec. 8.  GOVERNOR AND 
LIEUTENANT GOVERNOR                    3,470,000      3,471,000
This appropriation is to fund the 
offices of the governor and lieutenant 
governor.  
 $16,000 the first year and $16,000 the 
second year are for necessary expenses 
in the normal performance of the 
governor's duties for which no other 
reimbursement is provided. 
 $1,000 the first year and $1,000 the 
second year are for necessary expenses 
in the normal performance of the 
lieutenant governor's duties for which 
no other reimbursement is provided.  
 $95,000 the first year and $95,000 the 
second year are for membership dues of 
the National Governors Association. 
 $20,000 the first year is for the 
Council of Great Lakes Governors. 
 During the biennium any seminars or 
training sessions regarding federal 
issues for federal budgeting that are 
conducted by the Washington office 
shall be made available to legislators 
and legislative staff.  The Washington 
office shall notify the majority leader 
and the minority leader of the senate 
and the speaker and the minority leader 
of the house of representatives 
regarding the timing of the seminars. 
 By August 15 of each year, the 
commissioner of finance shall report to 
the chairs of the jobs, energy, and 
community development finance division 
of the senate and the state government 
division of the house of 
representatives those personnel costs 
incurred by the office of the governor 
and the lieutenant governor that were 
supported by appropriations to other 
agencies during the previous fiscal 
year.  The office of the governor shall 
inform the chairs of the divisions 
before initiating any interagency 
agreements. 
Sec. 9.  STATE AUDITOR                7,210,000      7,439,000
 $77,000 the first year and $77,000 the 
second year are for an account the 
auditor may bill for costs associated 
with conducting single audits of 
federal funds.  During the biennium, 
this account may be used only when no 
other billing mechanism is feasible. 
The total amount accumulated during the 
biennium ending June 30, 1993 for 
potential back pay of salary and 
benefits for an employee of the state 
auditor who was discharged from 
employment on April 15, 1991, but who 
is contesting the discharge, shall be 
carried forward by the office of the 
state auditor for use in the biennium 
ending June 30, 1995. 
 $45,000 each year is for annual 
compliance audits for Hennepin county. 
Sec. 10.  STATE TREASURER               2,461,000      2,473,000
$1,135,000 each year is for the 
treasurer to pay for banking services 
by fees rather than by compensating 
balances. 
Sec. 11.  ATTORNEY GENERAL 
Subdivision 1.  Total  
Appropriation                         22,641,000     22,470,000
              Summary by Fund
General              20,282,000    20,111,000
Special Revenue         178,000       178,000 
Environmental           115,000       115,000
State Government
Special Revenue       2,066,000     2,066,000
 The amounts that may be spent from this 
appropriation for each program are 
specified in the following subdivisions.
Subd. 2.  Government Services 
     5,087,000      5,087,000
              Summary by Fund
General               3,021,000     3,021,000
State Government
Special Revenue       2,066,000     2,066,000
Subd. 3.  Public and 
Human Resources
     4,840,000      4,358,000
              Summary by Fund
General               4,662,000     4,180,000
Special Revenue         178,000       178,000
 $500,000 the first year for the Mille 
Lacs treaty litigation is available for 
expenditure with the approval of the 
governor after consultation with the 
legislative advisory commission under 
Minnesota Statutes, section 3.30.  Any 
unencumbered balance remaining in the 
first year does not cancel, but is 
available for the second year. 
Subd. 4.  Law Enforcement 
     4,172,000      4,193,000
              Summary by Fund
General               4,057,000     4,078,000
Environmental           115,000       115,000
Subd. 5.  Legal Policy and 
Administration 
     2,846,000      2,846,000
Subd. 6.  Business Regulation 
     4,310,000      4,317,000
 $15,000 the first year and $15,000 the 
second year to the business regulation 
program of the attorney general to 
conduct, or contract for, data 
collection and analysis regarding 
gender equity in high school athletics. 
Subd. 7.  Solicitor General  
     2,138,000      2,138,000
 In order to increase the accountability 
of all parties and to simplify the 
current practices for paying for legal 
services, the attorney general shall 
establish a task force to review and 
make recommendations to the legislature 
regarding funding options to pay for 
all legal services provided to 
executive branch agencies.  In addition 
to attorney general staff, members of 
the task force shall include fiscal 
staff from both houses of the 
legislature, staff of the department of 
finance, and staff from small and large 
executive branch client agencies.  The 
ability to pay shall not be the only 
criteria used to allocate legal 
services.  The task force shall study 
funding options that insure the 
availability of legal services from the 
attorney general's office essential to 
meet program needs of all executive 
branch agencies.  The attorney general 
shall report the recommendations of the 
task force to the legislature by March 
1, 1994. 
Subd. 8.  General Reduction  
      (752,000)      (469,000)
The attorney general shall allocate the 
general reduction among the office's 
programs. 
Sec. 12.  INVESTMENT BOARD              2,013,000      2,031,000
 Any unencumbered balance remaining in 
the first year does not cancel but is 
available for the second year of the 
biennium. 
 $50,000 the first year and $50,000 the 
second year are to evaluate bids for 
deferred compensation options and to 
review periodically the performance of 
companies currently under contract.  
All these costs must be assessed 
against the companies that have been 
awarded contracts. 
Sec. 13.  ADMINISTRATIVE HEARINGS       3,797,000      3,802,000
 This appropriation is from the workers' 
compensation special compensation fund 
for considering workers' compensation 
claims. 
 $100,000 each year is for an internship 
program in which students at Minnesota 
law schools will serve as law clerks 
for judges in the workers' compensation 
division. 
 $180,000 each year is for additional 
clerical support for workers' 
compensation judges. 
Sec. 14.  OFFICE OF STRATEGIC 
AND LONG-RANGE PLANNING                3,576,000      3,596,000
 $844,000 the first year and $866,000 
the second year are for the land 
management information center. 
Sec. 15.  ADMINISTRATION 
Subdivision 1.  Total 
Appropriation                         28,370,000     27,200,000
              Summary by Fund
General              24,148,000    22,978,000
Special Revenue       4,160,000     4,160,000
State Government 
Special Revenue          62,000        62,000 
Subd. 2.  Operations Management 
     4,823,000      4,645,000
Before purchasing and implementing 
electronic data interchange technology 
in the procurement process, the 
department must: (1) plan a 
reengineering of the process and 
develop a plan for implementing the 
reengineering; (2) develop policies and 
procedures on trading partner 
agreements for the project; (3) 
complete a life cycle analysis; and (4) 
develop a technology implementation 
plan.  All plans and policies in this 
paragraph must be approved by the 
information policy office before 
hardware or software for the project is 
purchased. 
The department shall assure that the 
EDI project is coordinated with the 
statewide systems project.  The 
department shall involve affected state 
agencies and others in project planning 
and implementation. 
Amounts appropriated for the EDI 
initiative may be spent in either year 
of the biennium. 
The department of human services shall 
transfer $33,000 each year to the 
department of administration to expand 
bulk purchasing of medical supplies for 
the medical assistance program. 
Subd. 3.  Intertechnologies Group
              Summary by Fund
General               3,528,000     2,372,000
Special Revenue       4,160,000     4,160,000
 The appropriation from the special 
revenue fund each year of $4,160,000 is 
for recurring costs of 911 emergency 
telephone service.  
$3,450,000 is appropriated as a loan 
from the general fund to the 
intertechnologies revolving fund for 
development of the STARS system.  This 
amount must be repaid before the end of 
the biennium.  Plans for expenditure of 
these funds must be approved by the 
information policy office before the 
funds are spent. 
 $2,000,000 must be transferred from the 
intertechnology revolving fund to the 
general fund. 
 Notwithstanding any other law to the 
contrary, the commissioner of 
administration may, with the approval 
of the commissioner of finance, make 
loans from an internal service or 
enterprise fund to another internal 
service or enterprise fund. 
Subd. 4.  Facilities Management 
     8,850,000      8,860,000
 $4,485,000 the first year and 
$4,484,000 the second year are for 
office space costs of the legislature 
and veterans organizations, for 
ceremonial space, and for statutorily 
free space. 
 $150,000 the first year is to pay the 
department's portion of the settlement 
in Sylvester Brothers, v. Burlington 
Northern, et al., for cleanup of the 
East Bethel landfill.  The unobligated 
balance of the appropriation in Laws 
1991, chapter 345, article 1, section 
17, subdivision 4, for agency 
relocation, consolidation, and 
colocation, is canceled to the general 
fund.  
 The decision of the department of 
administration to deposit a March 1992 
check from the Johns Manville Trust in 
the amount of $302,749 in the asbestos 
abatement account in the state building 
fund is ratified. 
Subd. 5.  Administrative Management 
              Summary by Fund
General               4,603,000     4,656,000
Special Revenue          62,000        62,000
 $2,000 the first year and $2,000 the 
second year are for the state 
employees' band. 
 A biennial appropriation of $124,000 to 
the commissioner of administration 
shall be used for processing and 
oversight of grants and allocations in 
the oil overcharge program.  This 
appropriation is from oil overcharge 
money, as defined in Minnesota 
Statutes, section 4.071, in the special 
revenue fund. 
 $1,271,000 the first year and 
$1,272,000 the second year are for 
matching grants for public television.  
 $600,000 the first year and $600,000 
the second year are for public 
television equipment needs.  Equipment 
grant allocations shall be made after 
considering the recommendations of the 
Minnesota public television 
association.  Special emphasis shall be 
given by public television grant 
recipients for children's programming 
such as the Sesame Street preschool 
educational program and extending Mr. 
Rogers Neighborhood to child care. 
 $300,000 the first year and $300,000 
the second year are for operational 
grants to public educational radio 
stations, which must be allocated after 
considering the recommendations of the 
Association of Minnesota Public 
Educational Radio Stations under 
Minnesota Statutes, section 129D.14. 
 $356,000 the first year and $331,000 
the second year are for equipment 
grants to public radio stations.  These 
grants must be allocated after 
considering the recommendations of the 
Association of Minnesota Public 
Educational Radio Stations and 
Minnesota Public Radio, Inc. 
 $25,000 the first year and $25,000 the 
second year are for grants to the Twin 
Cities regional cable channel. 
 If an appropriation for either year for 
grants to public television or radio 
stations is not sufficient, the 
appropriation for the other year is 
available for it. 
 $80,000 each year is for transfer to 
the bureau of mediation services for 
the office of dispute resolution. 
 All grants made by the System of 
Technology to Achieve Results (STAR) 
shall be distributed in a manner to 
ensure that grants are awarded 
throughout the state. 
Subd. 6.  Management Analysis
       535,000        609,000
 The management analysis division shall 
study the desirability of creating an 
independent information policy office.  
The division shall report its findings 
to the legislative commission on 
planning and fiscal policy by December 
1, 1993.  The commission shall make 
recommendations for any needed 
legislative changes to the house of 
representatives and senate governmental 
operations committees by February 1, 
1994. 
Subd. 7.  Information Policy Office
     1,809,000      1,836,000
 $181,000 the first year and $185,000 
the second year must be subtracted from 
the amount that would otherwise be 
payable to local government aid under 
Minnesota Statutes, chapter 477A, in 
order to fund the intergovernmental 
information systems advisory council. 
 $115,000 the first year and $90,000 the 
second year are for giving opinions 
under Minnesota Statutes, section 
13.072. 
Sec. 16.  CAPITOL AREA ARCHITECTURAL 
AND PLANNING BOARD                       326,000        334,000
 Any unencumbered balance of the 
appropriation for the first year does 
not cancel and is available for use in 
the second year. 
$75,000 the first year and $82,000 the 
second year are to create a memorial to 
Hubert H. Humphrey in the capitol 
area.  Of these amounts, up to $75,000 
may be used by the board to select an 
appropriate site for the memorial.  
$82,000 is available only as matched, 
one state dollar for three dollars, by 
contributions from nonstate sources.  
The board shall establish design 
requirements, choose the design, and 
oversee construction of the memorial.  
In establishing the memorial, the board 
may accept money from nonstate sources 
and contract with other private or 
public agencies.  The appropriation is 
available until expended. 
Sec. 17.  FINANCE 
Subdivision 1.  Total 
Appropriation                         24,527,000     16,662,000
 The amounts that may be spent from this 
appropriation for each program are 
specified in the following subdivisions.
Subd. 2.  Economic Analysis  
       289,000        300,000
Subd. 3.  Accounting Services  
    19,303,000     12,711,000
 $4,640,000 the first year and 
$3,869,000 the second year are to 
implement the accounts receivable 
project.  The commissioner of finance 
may transfer money to the commissioners 
of human services and revenue and the 
attorney general.  Any unencumbered 
balance remaining in the first year 
does not cancel but is available for 
the second year of the biennium. 
 $10,300,000 the first year and 
$4,700,000 the second year are for the 
statewide systems project.  If the 
appropriation for the statewide systems 
project in either year is insufficient, 
the appropriation for the other year is 
available.  The commissioner of finance 
shall report monthly during the 
biennium ending June 30, 1995, to the 
chairs of the senate finance committee 
and the house of representatives ways 
and means committee on the expenditure 
of this appropriation and the progress 
of the statewide systems project. 
 $285,000 is for transfer by August 1, 
1993, to the legislative commission on 
planning and fiscal policy for the 
purpose of improving legislative access 
to executive branch budgeting and 
accounting information.  None of the 
other money appropriated in this 
section for the statewide systems 
project may be spent until the transfer 
to the legislative commission on 
planning and fiscal policy has occurred.
The budgeting and accounting portions 
of the statewide systems project must 
be designed so that all public data in 
these systems are available to the 
legislature at the time the data are 
available to executive branch agencies. 
 The commissioner of finance, in 
consultation with affected agencies, 
shall reengineer work processes in 
preparation for the new state 
accounting, purchasing, and personnel 
systems. 
The commissioner shall develop a joint 
work plan with the department of 
administration to implement electronic 
data interchange.  The commissioner 
shall prepare plans for migrating to 
open systems, and shall develop plans 
for an automated interface with the 
local government financial system.  The 
commissioner must submit these plans to 
the information policy office for 
review and approval. 
Subd. 4.  Budget Analysis and
Operations
     2,089,000      2,147,000
By October 1, 1994, the commissioner of 
finance shall coordinate the 
preparation of a report which 
identifies the estimated direct and 
indirect budget savings anticipated 
from the enacted funding of investment 
initiatives within the fiscal year 
1994-1995 budget.  The report shall 
identify current and estimated future 
funding requirements as well as direct 
and indirect benefits by year covering 
the current and two future biennia.  
The commissioner shall subsequently 
report to the legislative commission on 
planning and fiscal policy by November 
1 of each year documented costs and 
savings compared to original estimates. 
Each agency shall retain responsibility 
for monitoring and documenting 
savings.  If actual savings and 
benefits vary from original estimates, 
the report must include agency plans to 
ensure ongoing savings. 
Subd. 5.  Cash and Debt Management
     1,544,000        126,000
 $1,422,000 the first year is for grants 
to the cities of Minneapolis and St. 
Paul for debt service payments due on 
bonds issued for metropolitan area 
parks. 
Subd. 6.  Management and 
Administrative Services
     1,302,000      1,378,000
Sec. 18.  EMPLOYEE RELATIONS 
Subdivision 1.  Total 
Appropriation                          8,059,000      7,932,000
 The amounts that may be spent from this 
appropriation for each program are 
specified in the following subdivisions.
Subd. 2.  Human Resources
Management
     6,439,000      6,424,000
 Thirty percent of the amount used each 
year to fund grants to the government 
training service is from the general 
fund.  Seventy percent of the amount 
used each year to fund grants to the 
government training service must be 
subtracted from the amount that would 
otherwise be payable to local 
government aid under Minnesota 
Statutes, chapter 477A.  
In order to maximize the delivery of 
services to the public, if layoffs of 
state employees as defined in Minnesota 
Statutes, chapter 43A, are necessary 
during the biennium ending June 30, 
1995, the agency shall make every 
effort to reduce at least the same 
percentage of management and 
supervisory personnel as line and 
support personnel. 
 State agencies must demonstrate that 
they cannot use available staff before 
hiring outside consultants or 
services.  As state agencies implement 
reductions in their operating budgets 
in the biennium ending June 30, 1995, 
agencies shall give priority to 
reducing spending on professional and 
technical contracts before laying off 
permanent employees.  Agencies must 
report on the specific manner in which 
this directive is implemented to the 
senate finance and house ways and means 
committees by February 1, 1994, and 
February 1, 1995.  Where outside 
consultants and services are necessary, 
agencies are encouraged to negotiate 
contracts that will involve permanent 
staff so as to upgrade and maximize 
training of state personnel.  Money 
spent on outside consultants must be 
reported by February 1, 1995, to the 
senate finance and house of 
representatives ways and means 
committees. 
 $375,000 the first year and $370,000 
the second year is to begin 
implementation of the human resource 
management project recommendations 
regarding performance management system 
training, retraining project grants, 
centralized recruitment and 
redeployment, communications, and 
policy development. 
 The commissioner shall seek to enhance 
the availability of the job-sharing 
program under Minnesota Statutes, 
sections 43A.40 to 43A.46 to the extent 
that:  (1) additional employees wish to 
participate in the program; and (2) use 
of the program is consistent with 
effective management of state agencies. 
Subd. 3.  Employee Insurance
     1,620,000      1,508,000
 $104,000 the first year and $104,000 
the second year from the general fund 
are for the right-to-know contracts 
administered through the employee 
insurance division. 
 Any refund to the state from the 
workers' compensation reinsurance 
association before July 1, 1995, is to 
be deposited in the general fund.  The 
portion of the refund that is not 
attributable to the general fund shall 
be paid to the proper fund by the 
commissioner of finance. 
 $1,416,000 the first year and 
$1,312,000 the second year from the 
general fund are for workers' 
compensation reinsurance premiums. 
 $100,000 each year is for a health 
promotion and disease prevention grant 
program for state agencies.  A state 
agency may apply to the commissioner of 
employee relations for a grant of up to 
$25,000.  In evaluating grant 
applications, the commissioner shall 
give highest priority to proposals that 
will maximize health care cost savings, 
maximize increased productivity, and 
minimize workers compensation claims.  
Each agency that receives a grant under 
this section must establish a committee 
that includes affected employees.  The 
committee must assist the agency in 
planning, implementing, and evaluating 
the programs implemented with grant 
funds.  The commissioner of employee 
relations must report to the 
legislature by January 15, 1996.  The 
report must evaluate the results of the 
grant program, including the effect of 
the program on health care costs, 
workers' compensation claims, and 
productivity. 
Sec. 19.  REVENUE 
Subdivision 1.  Total  
Appropriation                         73,531,000     74,087,000
              Summary by Fund
General              71,446,000    72,002,000
Environmental            91,000        91,000 
Highway User          1,669,000     1,669,000 
 The amounts that may be spent from this 
appropriation for each program are 
specified in the following subdivisions.
Subd. 2.  Income Tax System 
    36,208,000     36,643,000
 $3,100,000 each year is to improve 
direct services to taxpayers, expand 
individual and small business audit and 
nonfiler detection, and to provide 
ongoing development and support for new 
return filing and payment technologies. 
Subd. 3.  Withholding Tax System
     5,651,000      5,639,000
Subd. 4.  Sales and Use Tax System 
    25,519,000     25,637,000
              Summary by Fund
General              23,459,000    23,577,000
Environmental            91,000        91,000
Highway User          1,669,000     1,669,000
Local Government
Trust                   300,000       300,000
Subd. 5.  Property Tax System 
     6,128,000      6,143,000
 $55,000 the first year and $55,000 the 
second year must be subtracted from the 
total taconite production tax revenues 
distributed to local units of 
government.  These amounts shall be 
credited to the general fund and 
appropriated to the department of 
revenue for the costs and expenses 
incurred by the department in 
collecting and distributing taconite 
production tax revenues. 
Subd. 6.  Reporting 
The commissioner shall report quarterly 
to the chairs of the senate finance and 
tax committees and house of 
representatives ways and means and tax 
committees and to the commissioner of 
finance on all funds expended and 
corresponding revenues received in the 
audit and collection divisions. 
Sec. 20.  AMATEUR SPORTS 
COMMISSION                               451,000        451,000
 $15,000 each year is available for 
promotion of women's sports. 
Sec. 21.  COMMISSIONER OF
HUMAN RIGHTS                           3,211,000      3,171,000
For 1993 - $150,000
This appropriation is to pay workers' 
compensation claims. 
 Of this appropriation, $40,000 is for 
enhancement of information systems.  
Before purchasing hardware and 
software, the department shall develop 
an agencywide strategic information 
plan and submit the plan to the 
information policy office for review 
and approval.  The department shall use 
the plan to determine future system 
management needs, including 
administration, software project 
management, support staffing, and 
information asset security.  The 
department shall develop a project 
information system life cycle analysis 
to identify costs, benefits, and risks, 
and a comprehensive records retention 
schedule for paper and electronic 
records.  With the approval of the 
information policy office, the balance 
of the $40,000 appropriation not needed 
for analysis of information management 
functions, can be used by the 
department to purchase hardware and 
software.  
Sec. 22.  MILITARY AFFAIRS  
Subdivision 1.  Total 
Appropriation                          9,248,000     9,249,000
 The amounts that may be spent from this 
appropriation for each program are 
specified in the following subdivisions.
Subd. 2.  Maintenance of Training 
Facilities 
     5,361,000      5,362,000
 The appropriation for planning and 
remodeling grants for 12 armories 
scheduled to be sold or disposed of 
pursuant to Laws 1992, chapter 511, 
article 2, section 50, is available 
until June 30, 1995. 
Subd. 3.  General Support
     1,537,000      1,537,000
 $75,000 the first year and $75,000 the 
second year are for expenses of 
military forces ordered to active duty 
under Minnesota Statutes, chapter 192.  
If the appropriation for either year is 
insufficient, the appropriation for the 
other year is available for it.  
Subd. 4.  Enlistment Incentives
     2,350,000      2,350,000
 $1,530,750 the first year and 
$1,604,250 the second year are for the 
tuition reimbursement program. 
 $484,250 the first year and $410,750 
the second year are for the 
reenlistment bonus program. 
 Obligations for the reenlistment bonus 
program, suspended on December 31, 
1991, shall be paid from the amounts 
available within the entire enlistment 
incentives program. 
 If appropriations for either year of 
the biennium are insufficient, the 
appropriation from the other year is 
available.  The appropriations for 
enlistment incentives are available 
until expended. 
Sec. 23.  VETERANS AFFAIRS             3,103,000      3,119,000
 Of this appropriation, $310,000 is for 
grants to county veterans offices for 
training of county veterans service 
officers. 
 $1,048,000 the first year and 
$1,048,000 the second year are for 
emergency financial and medical needs 
of veterans.  For the biennium ending 
June 30, 1995, the commissioner shall 
limit financial assistance to veterans 
and dependents to six months, unless 
recipients have been certified as 
ineligible for other benefit programs.  
If the appropriation for either year is 
insufficient, the appropriation for the 
other year is available for it.  
 With the approval of the commissioner 
of finance, the commissioner of 
veterans affairs may transfer the 
unencumbered balance from the veterans 
relief program to other department 
programs during the fiscal year.  The 
commissioner of veterans affairs shall 
provide background information 
explaining why the unencumbered balance 
exists.  The amounts transferred must 
be identified to the chairs of the 
senate finance committee division on 
state government and the house 
governmental operations and gambling 
committee division on state government 
finance.  
$250,000 the first year and $250,000 
the second year are for a grant to the 
Vinland National Center. 
Sec. 24.  VETERANS OF FOREIGN 
WARS                                      31,000         31,000
 For carrying out the provisions of Laws 
1945, chapter 455. 
Sec. 25.  MILITARY ORDER OF 
THE PURPLE HEART                          10,000         10,000
Sec. 26.  DISABLED AMERICAN VETERANS      12,000         12,000
For carrying out the provisions of Laws 
1941, chapter 425. 
Sec. 27.  STATE-PAID INSURANCE 
SUPPLEMENT
Subdivision 1.  Appropriations         4,890,000      4,890,000
Except as limited by the direct 
appropriations in this section, the 
amounts necessary to pay increases in 
employer-paid insurance benefits during 
the biennium are appropriated to the 
commissioner of finance from the 
various funds in the state treasury 
from which salaries are paid.  In the 
case of salaries that are paid from one 
fund, but that fund is reimbursed by 
another fund, the amounts necessary to 
make those reimbursements are also 
appropriated.  
              Summary by Fund
General               3,750,000     3,750,000
Game and Fish           140,000       140,000
Trunk Highway         1,000,000     1,000,000
Subd. 2.  Increases Covered
The state-paid insurance benefit 
increases covered by this section are 
those paid to classified and 
unclassified employees and officers in 
the executive, judicial, and 
legislative branches of state 
government, and to employees of the 
Minnesota historical society, state 
university system, and community 
college system who are paid from state 
appropriations.  The increases must be 
authorized by current law, be 
authorized by appropriate resolutions 
for employees of the legislature, or 
result from collective bargaining 
agreements and changes in employer-paid 
insurance benefits associated with 
those agreements which are given 
interim approval by the legislative 
commission on employee relations under 
Minnesota Statutes, sections 3.855 and 
43A.18, or 179A.22, subdivision 4. 
By January 1, 1994, the commissioner of 
employee relations must estimate any 
increases covered by this section and 
certify the amount necessary for each 
agency.  During the biennium, the 
commissioner of finance shall transfer 
the necessary amounts to the proper 
accounts and shall promptly notify the 
house of representatives ways and means 
committee and the senate finance 
committee of the amount transferred to 
each appropriation account.  If the 
appropriated amounts are insufficient, 
the commissioner of finance shall 
proportionally allocate available 
funding among agencies.  Any 
appropriation balance remaining the 
first year does not cancel, but is 
available for the second year. 
Sec. 28.  GENERAL CONTINGENT 
ACCOUNTS                                 550,000        550,000
              Summary by Fund
General                 200,000       200,000
Special Revenue         250,000       250,000
Workers' Compensation   100,000       100,000
 The appropriations in this section must 
be spent with the approval of the 
governor after consultation with the 
legislative advisory commission under 
Minnesota Statutes, section 3.30. 
 If an appropriation in this section for 
either year is insufficient, the 
appropriation for the other year is 
available for it. 
 The special revenue appropriation is 
available to be transferred to the 
attorney general when the costs to 
provide legal services to the health 
boards exceed the biennial 
appropriation to the attorney general 
from the special revenue fund.  The 
boards receiving the additional 
services shall set their fees to cover 
the costs. 
Sec. 29.  TORT CLAIMS                    300,000        300,000
 To be spent by the commissioner of 
finance.  
 If the appropriation for either year is 
insufficient, the appropriation for the 
other year is available for it.  
Sec. 30.  MINNESOTA STATE   
RETIREMENT SYSTEM                      2,200,000      2,200,000
 The amounts estimated to be needed for 
each program are as follows: 
(a) Legislators 
     2,000,000      2,000,000
 Under Minnesota Statutes, sections 
3A.03, subdivision 2; 3A.04, 
subdivisions 3 and 4; and 3A.11. 
(b) Constitutional Officers 
       200,000        200,000
 Under Minnesota Statutes, sections 
352C.031, subdivision 5; 352C.04, 
subdivision 3; and 352C.09, subdivision 
2. 
 If an appropriation in this section for 
either year is insufficient, the 
appropriation for the other year is 
available for it. 
Sec. 31.  MINNEAPOLIS EMPLOYEES 
RETIREMENT FUND                       11,005,000     11,005,000
 $10,455,000 the first year and 
$10,455,000 the second year are to the 
commissioner of finance for payment to 
the Minneapolis employees retirement 
fund under Minnesota Statutes, section 
422A.101, subdivision 3.  Payment must 
be made in four equal installments, 
March 15, July 15, September 15, and 
November 15, each year.  
 $550,000 the first year and $550,000 
the second year are to the commissioner 
of finance for payment to the 
Minneapolis employees retirement fund 
for the supplemental benefit for 
pre-1973 retirees under Minnesota 
Statutes, section 356.865. 
Sec. 32.  POLICE AND FIRE   
AMORTIZATION AID                       3,970,000      6,055,000
 $3,417,000 the first year and 
$5,055,000 the second year are to the 
commissioner of revenue for state aid 
to amortize the unfunded liability of 
local police and salaried firefighters' 
relief associations, under Minnesota 
Statutes, section 423A.02.  The 
reduction of $2,085,000 the first year 
from amounts otherwise payable as 
amortization aid and supplemental 
amortization aid is due to excess 
investment earnings by the Minneapolis 
police and fire relief associations and 
reduces the aid apportionment otherwise 
payable to the city of Minneapolis on 
July 15, August 31, September 15, and 
November 15, 1993. 
 $553,000 the first year and $1,000,000 
the second year are to the commissioner 
of revenue for supplemental state aid 
to amortize the unfunded liability of 
local police and salaried firefighters' 
relief associations under Minnesota 
Statutes, section 423A.02, subdivision 
1a. 
    Sec. 33.  [BASE CUT TRANSFERS.] 
    For any agency assigned base cuts in this act, the 
proportion of agency base cuts for pass-through grants compared 
to total agency base cuts may not exceed the proportion of 
dollars appropriated for pass-through grants in the agency 
compared to total dollars appropriated to that agency. 
    Sec. 34.  [3.196] [AUDITS.] 
    The house of representatives and the senate shall each 
contract with the state auditor or a certified public accountant 
to perform an audit at least biennially. 
    Sec. 35.  Minnesota Statutes 1992, section 3.971, is 
amended by adding a subdivision to read: 
    Subd. 3.  The legislative auditor, on a biennial schedule, 
shall review agency performance reports to review and comment on 
the appropriateness, validity, and reliability of the outcome 
measures and data collection efforts.  The legislative auditor 
shall report the findings to agencies, the governor, the speaker 
of the house of representatives, and the president of the senate.
    Sec. 36.  Minnesota Statutes 1992, section 8.15, is amended 
to read: 
    8.15 [ATTORNEY GENERAL COSTS.] 
    The attorney general in consultation with the commissioner 
of finance shall assess executive branch agencies a fee for 
legal services rendered to them, except that the attorney 
general may not assess the department of human rights for legal 
representation on behalf of complaining parties who have filed a 
charge of discrimination with the department.  The assessment 
against appropriations from other than the general fund must be 
the full cost of providing the services.  The assessment against 
appropriations supported by fees must be included in the fee 
calculation.  The assessment against appropriations from the 
general fund not supported by fees must be one-half of the cost 
of providing the services.  An amount equal to the general fund 
receipts in the even-numbered year of the biennium is 
appropriated to the attorney general for each year of the 
succeeding biennium.  All other receipts from assessments must 
be deposited in the state treasury and credited to the general 
fund. 
    The attorney general in consultation with the commissioner 
of finance shall assess political subdivisions fees to cover 
half the cost of legal services rendered to them; except that 
the attorney general may not assess a county any fee for legal 
services rendered in connection with a psychopathic personality 
commitment proceeding under section 526.10 for which the 
attorney general assumes responsibility under section 8.01. 
    Sec. 37.  [11A.075] [DISCLOSURE OF EXPENSE REIMBURSEMENT.] 
    (a) A member or employee of the state board must annually 
disclose expenses paid for or reimbursed by:  (1) each 
investment advisor, consultant, or outside money manager under 
contract to the state board; (2) each investment advisor, 
consultant, or outside money manager that has bid on a contract 
offered by the state board during that year; and (3) each 
business, including officers or employees of the business, in 
which the state board has invested money under the board's 
control during the annual reporting period.  The disclosure 
requirement of this paragraph does not apply to expenses or 
reimbursements from an investment advisor, consultant, money 
manager or business if the board member or employee received 
less than $50 during the annual reporting period from that 
person or entity. 
    (b) For purposes of this section, expenses include payments 
or reimbursements for meals, entertainment, transportation, 
lodging, and seminars. 
    (c) The disclosure required by this section must be filed 
with the ethical practices board by April 15 each year.  Each 
disclosure report must cover the previous calendar year.  The 
statement must be on a form provided by the ethical practices 
board.  An individual who fails to file the form required by 
this section or who files false information, is subject to 
penalties specified in sections 10A.09 and 10A.10. 
    Sec. 38.  [13.072] [OPINIONS BY THE COMMISSIONER.] 
    Subdivision 1.  [OPINION; WHEN REQUIRED.] (a) Upon request 
of a state agency, statewide system, or political subdivision, 
the commissioner may give a written opinion on any question 
relating to public access to government data, rights of subjects 
of data, or classification of data under this chapter or other 
Minnesota statutes governing government data practices.  Upon 
request of any person who disagrees with a determination 
regarding data practices made by a state agency, statewide 
system, or political subdivision, the commissioner may give a 
written opinion regarding the person's rights as a subject of 
government data or right to have access to government data.  If 
the commissioner determines that no opinion will be issued, the 
commissioner shall give the state agency, statewide system, 
political subdivision, or person requesting the opinion notice 
of the decision not to issue the opinion within five days of 
receipt of the request.  If this notice is not given, the 
commissioner shall issue an opinion within 20 days of receipt of 
the request.  For good cause and upon written notice to the 
person requesting the opinion, the commissioner may extend this 
deadline for one additional 30-day period.  The notice must 
state the reason for extending the deadline.  The state agency, 
statewide system, or political subdivision must be provided a 
reasonable opportunity to explain the reasons for its decision 
regarding the data.  The commissioner or the state agency, 
statewide system, or political subdivision may choose to give 
notice to the subject of the data concerning the dispute 
regarding the data. 
    (b) This section does not apply to a question involving the 
exercise of a discretionary power specifically granted by 
statute to a responsible authority to withhold or grant access 
to government data in a manner different than the data's general 
statutory classification. 
    (c) A written opinion issued by the attorney general shall 
take precedence over an opinion issued by the commissioner under 
this section. 
    Subd. 2.  [EFFECT.] Opinions issued by the commissioner 
under this section are not binding on the state agency, 
statewide system, or political subdivision whose data is the 
subject of the opinion, but must be given deference by a court 
in a proceeding involving the data.  The commissioner shall 
arrange for public dissemination of opinions issued under this 
section.  This section does not preclude a person from bringing 
any other action under this chapter or other law in addition to 
or instead of requesting a written opinion.  A state agency, 
statewide system, political subdivision, or person that acts in 
conformity with a written opinion of the commissioner is not 
liable for compensatory or exemplary damages or awards of 
attorneys fees in actions under section 13.08 or for a penalty 
under section 13.09. 
    Subd. 3.  [FEE.] A state agency, statewide system, or 
political subdivision that requests an opinion must pay a fee of 
$200 for each request. 
    Sec. 39.  [15.90] [PURPOSE.] 
    The purposes of sections 15.90 to 15.92 are: 
    (1) to generate information so that the legislature can 
determine the extent to which state programs are successful; 
    (2) to develop clear goals and priorities for state 
programs; 
    (3) to strengthen accountability to Minnesotans by 
providing a record of state government's performance in 
providing effective and efficient services; and 
    (4) to create appropriate incentives and systems that will 
allow and encourage the best work by state employees. 
    Sec. 40.  [15.91] [PERFORMANCE REPORTING FOR AGENCIES OF 
STATE GOVERNMENT.] 
    Subdivision 1.  [DEFINITION.] For purposes of sections 
15.90 to 15.92, "agency" means a department or agency, as 
designated in section 15.01. 
    Subd. 2.  [PERFORMANCE REPORTS.] (a) Each agency shall 
develop a performance report for its operations.  The report 
shall include each of the following items or an explanation of 
why an item does not apply to the agency: 
    (1) a statement of the mission, goals, and objectives of 
the agency including those set forth in statute; 
    (2) measures and goals of the output and outcome of the 
agency; 
    (3) identification of priority and other service 
populations, or other service measures, under current law and 
how those populations are expected to change within the period 
of the report; 
    (4) plans for how outcome information can be used as an 
incentive for improving state programs and program outcomes; 
    (5) requests for statutory flexibility needed to reach 
outcome goals; 
    (6) explanation of outcome information that could be 
available with new data collection systems; and 
    (7) other information that may be required. 
The goals required under clause (1):  (i) must be simple 
declarative statements of intent; (ii) should carry benchmarks 
for accomplishment; and (iii) should be specific enough so 
citizens can measure progress year to year. 
    (b) Each agency shall issue a draft report by November 1, 
1993, a first annual report by September 1, 1994, and annual 
updated reports no later than September 1 of each year beginning 
in 1995.  A report must cover a period of four years previous 
and two years in the future from the date that it is required to 
be issued, including previous forecasts versus actual measures. 
    (c) Each agency shall send a copy of each report issued to 
the governor, the speaker of the house of representatives, the 
president of the senate, the legislative commission on planning 
and fiscal policy, the legislative auditor, the commissioner of 
finance, and two copies to the legislative reference library. 
    (d) The legislative auditor shall review the drafts and 
give comments to agencies and the legislature before September 
1, 1994, and shall review and give comments on annual reports on 
a rotating biennial schedule. 
    (e) State agency reports shall be compiled as required in 
this paragraph.  The commissioner of finance, in consultation 
with the commissioner of administration, the legislative 
commission on planning and fiscal policy, and the finance 
committees and divisions of the house of representatives and 
senate, shall: 
    (1) develop forms and instructions for the use of the 
agencies in the preparation of their reports; 
    (2) work with individual agencies to determine acceptable 
measures of workload, output, and outcome for use in reports; 
and 
    (3) request any needed additional information concerning 
any agency report submitted. 
    Each agency shall include citizens, agency clients, 
consumer and advocacy groups, worker participation committees, 
managers, elected officials, and contractors in its planning. 
    Sec. 41.  [15.92] [WORKER PARTICIPATION COMMITTEES.] 
    (a) In the development of outcome measures and incentive 
programs, each agency shall create a committee including 
representatives of employees and employers.  The committee must 
be given adequate time to perform the functions prescribed in 
paragraph (b).  Each exclusive representative of employees shall 
select a committee member from each of its bargaining units in 
each affected agency.  The head of each agency shall select an 
employee member from each unit of employees not represented by 
an exclusive representative.  The agency head shall also appoint 
one or more committee members to represent the agency.  The 
number of members appointed by the agency head, however, may not 
exceed the total number of members representing bargaining units.
    (b) A committee established under paragraph (a) shall: 
    (1) identify other employer and employee issues related to 
improving the delivery of the agency's program and services; 
    (2) identify barriers to the effective and efficient 
delivery of services; 
    (3) participate in the development of the agency's outcome 
measures and incentive programs; and 
    (4) meet as desired for the purpose of developing solutions 
to problems shared by employees and employer within the agency. 
    Sec. 42.  [15A.086] [LIMITS ON BONUS PAYMENTS.] 
     Notwithstanding any 
 law to the contrary, an employee of the state lottery or of a 
public corporation or nonprofit corporation created by law may 
not receive bonus payments in any year that exceed ten percent 
of the employee's base salary for that year.  For purposes of 
this section, bonus payments include any combination of merit 
pay, achievement awards, or any other cash payments in addition 
to base salary, other than severance pay or overtime or holiday 
pay.  Groups covered by this section include, but are not 
limited to, the Workers' Compensation Reinsurance Association, 
the Minnesota Insurance Guaranty Association, the Fair plan, the 
Joint Underwriters Association, the Minnesota Joint Underwriters 
Association, the Life and Health Guaranty Association, the 
Minnesota Comprehensive Health Association, the Minnesota State 
High School League, Minnesota Technology, Inc., Agricultural 
Utilization Research Institute, Minnesota Project Outreach 
Corporation, State Fund Mutual Insurance Company, the World 
Trade Center Corporation, and the State Agricultural Society.  
This section does not give any entity authority to grant a bonus 
not otherwise authorized by law.  
    Sec. 43.  Minnesota Statutes 1992, section 16A.011, 
subdivision 5, is amended to read: 
    Subd. 5.  [APPROPRIATIONS WAYS AND MEANS COMMITTEE.] 
"Appropriations Ways and means committee" means the 
appropriations chief fiscal committee of the house of 
representatives.  
    Sec. 44.  Minnesota Statutes 1992, section 16A.011, 
subdivision 6, is amended to read: 
    Subd. 6.  [BIENNIUM.] "Biennium" means a period of two 
consecutive fiscal years beginning in an odd-numbered calendar 
year and ending in the next odd-numbered calendar year.  On July 
1, 1984, the current biennium is the 1983-1985 biennium.  
    Sec. 45.  Minnesota Statutes 1992, section 16A.011, 
subdivision 14, is amended to read: 
    Subd. 14.  [FISCAL YEAR.] "Fiscal year" means the period 
beginning at midnight between June 30 and July 1 and ending 12 
months later.  On July 1, 1984, the current fiscal year is 1985. 
    Sec. 46.  Minnesota Statutes 1992, section 16A.04, 
subdivision 1, is amended to read: 
    Subdivision 1.  [TO PREPARE, CONSULT, SUPERVISE.] The 
commissioner shall prepare the biennial budget with four-year 
projections on of revenues and expenditures for both the 
biennial budget period and the biennium following the biennial 
budget period.  The governor shall supervise the preparation 
unless there is a governor-elect, who then shall provide the 
supervision. 
    Sec. 47.  Minnesota Statutes 1992, section 16A.055, 
subdivision 1, is amended to read: 
    Subdivision 1.  [LIST.] The commissioner shall:  
    (1) receive and record all money paid into the state 
treasury and safely keep it until lawfully paid out; 
    (2) manage the state's financial affairs; 
    (3) keep the state's general account books according to 
generally accepted government accounting principles; 
    (4) keep expenditure and revenue accounts according to 
generally accepted government accounting principles; 
    (5) develop, provide instructions for, prescribe, and 
manage a state uniform accounting system; 
    (6) provide to the state the expertise to ensure that all 
state funds are accounted for under generally accepted 
government accounting principles; and 
    (7) coordinate the development of, and develop maintain 
standards for, internal auditing in state agencies and, in 
cooperation with the commissioner of administration, report to 
the legislature and the governor by December 31, 1990 of 
even-numbered years, on progress made. 
    Sec. 48.  Minnesota Statutes 1992, section 16A.06, 
subdivision 4, is amended to read: 
    Subd. 4.  [OBJECTIVES REPORTING AGENCY PERFORMANCE.] The 
commissioner from time to time shall require each executive 
agency to write objectives on the department's form for its 
authorized activities and functions.  The objectives must be 
specific as to amount and time so that their performance can be 
measured.  The objectives must cover the current and the next 
biennium.  Executive agencies shall prepare performance-based 
budget plans according to schedules, forms, and standards as 
established by the commissioner.  The commissioner may also 
require other periodic reports of agency performance.  
    Sec. 49.  Minnesota Statutes 1992, section 16A.065, is 
amended to read: 
    16A.065 [PREPAY SOFTWARE, SUBSCRIPTIONS, UNITED STATES 
DOCUMENTS.] 
    Despite Notwithstanding section 16A.41, subdivision 1, the 
commissioner may allow an agency to make advance deposits or 
payments for software or software maintenance services for 
state-owned or leased electronic data processing equipment, for 
sole source maintenance agreements where it is not cost 
effective cost-effective to pay in arrears, for exhibit booth 
space rental when required by the renter to guarantee the 
availability of space, for registration fees where advance 
payment is required or advance payment discount is provided, and 
for newspaper, magazine, and other subscription fees customarily 
paid for in advance.  The commissioner may also allow advance 
deposits by any department with the Library of Congress and 
federal Supervisor of Documents for items to be purchased from 
those federal agencies. 
    Sec. 50.  Minnesota Statutes 1992, section 16A.10, 
subdivision 1, is amended to read: 
    Subdivision 1.  [BY MAY 1 AND SEPTEMBER 1 BUDGET 
FORMAT.] In each even-numbered calendar year the commissioner 
shall prepare the budget forms and instructions for all 
agencies, subject to the approval of the governor.  The 
commissioner shall consult with request and receive advisory 
recommendations from the chairs of the senate finance committee 
and house of representatives appropriations ways and means 
committee, as well as their respective division chairs, before 
adopting a format for the biennial budget document.  By May 1 
June 15, the commissioner shall send the proposed budget forms 
to the appropriations and finance committees.  The committees 
have until June 1 July 15 to give the commissioner their 
advisory recommendations on possible improvements.  By September 
1, the commissioner shall send each agency enough forms to make 
its budget estimates.  To facilitate this consultation, the 
commissioner shall establish a working group consisting of 
executive branch staff and designees of the chairs of the senate 
finance and house of representatives ways and means committees.  
The commissioner must involve this group in all stages of 
development of budget forms and instructions.  The forms budget 
format must show actual expenditures and receipts for the two 
most recent fiscal years, estimated expenditures and receipts 
for the current fiscal year, and estimates for each fiscal year 
of the next biennium, and an estimated appropriation balance at 
the end of the current fiscal year.  Estimated expenditures must 
be classified by funds and character of expenditures and may be 
subclassified by programs and activities.  Agency revenue 
estimates must show how the estimates were made and what factors 
were used.  Receipts must be classified by funds, programs, and 
activities.  Expenditure and revenue estimates must be based on 
the law in existence at the time the estimates are prepared.  
    Sec. 51.  Minnesota Statutes 1992, section 16A.10, 
subdivision 2, is amended to read: 
    Subd. 2.  [BY OCTOBER 1 15 AND NOVEMBER 15 30.] By 
October 1 15 of each even-numbered year, an agency must file the 
following with the commissioner:  
    (1) its budget and departmental earnings estimates for the 
most recent and current fiscal years; 
    (2) its upcoming biennial budget and departmental earnings 
estimates; 
    (3) a comprehensive and integrated statement of agency 
missions and outcome and performance measures; and 
    (4) a concise explanation of any requests for increased 
appropriations, expansion planned changes in the level of 
services, or new activities; 
    (3) a statement of work done during the current biennium 
and proposed for the next biennium; and 
    (4) a list of each employee's name, title, and salary.  
    The commissioner shall prepare and file the budget 
estimates for an agency failing to file them.  By November 15 
30, the commissioner shall send the final budget format, 
departmental earnings report, agency budget plans or requests 
for the next biennium, and copies of the filed material to 
the appropriations ways and means and finance committees, except 
that the commissioner shall not be required to transmit 
information that identifies executive branch budget decision 
items.  At this time, a list of each employee's name, title, and 
salary must be available to the legislature, either on paper or 
through electronic retrieval. 
    Sec. 52.  Minnesota Statutes 1992, section 16A.105, is 
amended to read: 
    16A.105 [DEBT CAPACITY FORECAST.] 
    By January 14 December 1 of each odd-numbered even-numbered 
year the governor shall submit to the legislature a debt 
capacity forecast.  The debt capacity forecast must include 
statements of the indebtedness of the state for bonds, notes, 
and other forms of long-term indebtedness that are not accounted 
for in proprietary or fiduciary funds, including general 
obligation bonds, moral obligation bonds, revenue bonds, loans, 
grants payable, and capital leases.  The forecast must show the 
actual amount of the debt service for at least the past two 
completed fiscal years, and the estimated amount for the current 
fiscal year and the next six fiscal years, the debt authorized 
and unissued, the condition of the sinking funds, and the 
borrowing capacity for the next six fiscal years. 
    Sec. 53.  Minnesota Statutes 1992, section 16A.11, 
subdivision 1, is amended to read: 
    Subdivision 1.  [WHEN.] The governor shall submit a 
three-part budget to the legislature.  Parts one and two, the 
budget message and detailed operating budget, must be submitted 
by the fourth Monday Tuesday in January in each odd-numbered 
year.  Part three, the detailed recommendations as to capital 
expenditure, need not be must be submitted until June 15 as 
follows:  agency capital budget requests by June 15 of each 
odd-numbered year; preliminary governor's recommendations by 
September 1 of each odd-numbered year; and final recommendations 
by February 1 of each even-numbered year. 
    Sec. 54.  Minnesota Statutes 1992, section 16A.11, 
subdivision 3, is amended to read: 
    Subd. 3.  [PART TWO:  DETAILED BUDGET.] Part two of the 
budget, the detailed budget estimates both of expenditures and 
revenues, shall contain any statements on the financial plan 
which the governor believes desirable or which may be required 
by the legislature.  Part of the budget must be prepared using 
performance-based budgeting concepts.  In this subdivision, 
"performance-based budgeting" means a budget system that 
identifies agency outcomes and results and provides 
comprehensive information regarding actual and proposed changes 
in funding and outcomes.  The detailed estimates shall include 
the budget request plan of each agency arranged in tabular form 
so it may readily be compared with the governor's budget for 
each agency.  They shall also include, as part of each agency's 
organization chart, a summary of the personnel employed by the 
agency, showing the complement approved by the legislature 
full-time equivalent positions for the current biennium, 
additional complement positions authorized through the governor 
or the commissioner, positions transferred into or out of the 
agency, additional part-time and seasonal positions and the 
number of full-time equivalent employees of all kinds employed 
by the agency on June 30 of the last complete fiscal year.  The 
summary of the number of employees must list employees by 
employment status, including but not limited to full-time 
unlimited, part-time unlimited, full-time or part-time seasonal, 
intermittent, full-time or part-time temporary, full-time or 
part-time emergency, and other.  The summary of personnel shall 
also be shown for each functional division of the agency, and 
for each fund and type of appropriation.  
    Any increase in complement with the exception of federal 
positions, approved by the commissioner of finance as temporary 
positions, shall be reflected in the governor's budget 
recommendations to the legislature as change request items.  
These positions are not permanent positions until the 
legislature has approved the change request items.  
    Sec. 55.  [16A.122] [WORK FORCE PLANNING AND REPORTING.] 
    Subdivision 1.  [AGENCY AUTHORIZED WORK FORCE.] Within any 
limits imposed by law, state agencies may establish full-time, 
part-time, or seasonal positions as necessary to carry out 
assigned responsibilities and missions except that actual levels 
of employment are limited by availability of appropriated 
funding for salaries and benefits. 
    Subd. 2.  [TRANSFERS FROM GRANTS PROHIBITED.] Unless 
otherwise provided by law, an agency must not use grant or 
flow-through funds for salaries or other operating purposes. 
    Subd. 3.  [WORK FORCE REPORTING.] The commissioner shall 
prepare quarterly work force reports as required for accurate 
reporting of state employment levels, whether for internal 
analysis or for nationwide comparisons of public employment 
levels.  The reports shall express total employment in terms of 
full-time equivalent positions; shall indicate changes from 
previous reporting periods; and shall take into account all 
positions, including full-time, part-time, temporary, and other 
employees.  In this subdivision, a full-time equivalent position 
means 2,080 working hours per year; except that the number of 
work hours may vary, depending upon the exact number of working 
days in any given year.  Independent contractors are not to be 
included within the definition of a full-time equivalent 
position. 
    Subd. 4.  [BUDGET REPORTING.] For purposes of budgetary 
reporting, position counts must be expressed as full-time 
equivalents as stipulated in subdivision 3.  Estimated positions 
must be based on actual funding in the year indicated.  The 
biennial budget document submitted to the legislature by the 
governor shall indicate full-time equivalent base level 
positions, the number of projected positions, and the number of 
positions for each of the two years before the base year.  The 
governor's budget recommendations shall clearly specify any 
proposed changes in full-time equivalent positions.  All fiscal 
notes and any other budgetary items submitted to the legislature 
shall specify relevant changes, both in full-time equivalent 
positions and accompanying changes in salary dollars. 
    Sec. 56.  [16A.1285] [DEPARTMENTAL EARNINGS.] 
    Subdivision 1.  [DEFINITIONS.] In this section, 
"departmental earnings" means any charge for goods and services 
and any regulatory, licensure, or other similar charges levied 
by any state agency and paid by individuals, businesses, or 
other nonstate entities.  This definition must not be construed 
to include general taxes collected by a state agency or charges 
for services provided by one state agency to another state 
agency. 
    Subd. 2.  [POLICY.] Unless otherwise provided by law, 
specific charges falling within definitions stipulated in 
subdivision 1 must be set in the manner prescribed in this 
subdivision provided that:  (1) agencies, when setting, 
adjusting, or authorizing any charge for goods or services that 
are of direct, immediate, and primary benefit to an individual, 
business, or other nonstate entity, shall set the charges at a 
level that neither significantly over recovers nor under 
recovers costs, including overhead costs, involved in providing 
the services; or (2) that agencies, when setting, adjusting, or 
establishing regulatory, licensure, or other charges that are 
levied, in whole or in part, in the public interest shall 
recover, but are not limited to, the costs involved in 
performance and administration of the functions involved. 
    Subd. 3.  [DUTIES OF THE COMMISSIONER OF FINANCE.] The 
commissioner of finance shall classify, monitor, analyze, and 
report all departmental earnings that fall within the definition 
established in subdivision 1.  Specifically, the commissioner 
shall: 
    (1) establish and maintain a classification system that 
clearly defines and distinguishes categories and types of 
departmental earnings and takes into account the purpose of the 
various earnings types and the extent to which various earnings 
types serve a public or private interest; 
    (2) prepare a biennial report that documents collection 
costs, purposes, and yields of all departmental earnings, the 
report to be submitted to the legislature on or before November 
30 of each even-numbered year and to include estimated data for 
the year in which the report is prepared, actual data for the 
two years immediately before, and estimates for the two years 
immediately following; and 
    (3) prepare and maintain a detailed directory of all 
departmental earnings. 
    Subd. 4.  [RULEMAKING.] (a) Unless otherwise exempted or 
unless specifically set by law, all charges for goods and 
services, licenses, and regulation must be established or 
adjusted as provided in chapter 14; except that agencies may 
establish or adjust individual charges when:  
    (1) charges for goods and services are provided for the 
direct and primary use of a private individual, business, or 
other similar entity; 
    (2) charges are nonrecurring; 
    (3) charges would produce insignificant revenues; 
    (4) charges are billed within or between state agencies; or 
    (5) charges are for admissions to or for use of public 
facilities operated by the state, if the charges are set 
according to prevailing market conditions to recover operating 
costs. 
    (b) In addition to the exceptions in paragraph (a), 
agencies may adjust charges, with the approval of the 
commissioner of finance, if the proposed adjustments are within 
consumer price level (CPI) ranges stipulated by the commissioner 
of finance, if the adjustments do not change the type or purpose 
of the item being adjusted. 
    (c) Any departmental earnings changes or adjustments 
authorized by the commissioner of finance must be reported to 
the chairs of the senate committee on finance and the house ways 
and means committee before August 1 of each year. 
    Subd. 5.  [PROCEDURE.] The commissioner of finance shall 
review and comment on all departmental charges submitted for 
approval under chapter 14.  The commissioner's comments and 
recommendations must be included in the statement of need and 
reasonableness and must address any fiscal and policy concerns 
raised during the review process.  
    Sec. 57.  Minnesota Statutes 1992, section 16A.129, is 
amended by adding a subdivision to read: 
    Subd. 3.  [CASH ADVANCES.] When the operations of any 
nongeneral fund account would be impeded by projected cash 
deficiencies resulting from delays in the receipt of grants, 
dedicated income, or other similar receivables, and when the 
deficiencies would be corrected within the budget period 
involved, the commissioner of finance may transfer general fund 
cash reserves into the accounts as necessary to meet cash 
demands.  The cash flow transfers must be returned to the 
general fund as soon as sufficient cash balances are available 
in the account to which the transfer was made.  Any interest 
earned on general fund cash flow transfers accrues to the 
general fund and not to the accounts or funds to which the 
transfer was made. 
    Sec. 58.  Minnesota Statutes 1992, section 16A.15, 
subdivision 1, is amended to read: 
    Subdivision 1.  [REDUCTION.] (a) If the commissioner 
determines that probable receipts for the general fund will be 
less than anticipated, and that the amount available for the 
remainder of the biennium will be less than needed, the 
commissioner shall, with the approval of the governor, and after 
consulting the legislative advisory commission, reduce the 
amount in the budget reserve and cash flow reserve account 
established in subdivision 6 as needed to balance expenditures 
with revenue.  
    (b) An additional deficit shall, with the approval of the 
governor, and after consulting the legislative advisory 
commission, be made up by reducing unexpended allotments of any 
prior appropriation or transfer.  Notwithstanding any other law 
to the contrary, the commissioner is empowered to defer or 
suspend prior statutorily created obligations which would 
prevent effecting such reductions.  
    (c) If the commissioner determines that probable receipts 
for any other fund, appropriation, or item will be less than 
anticipated, and that the amount available for the remainder of 
the term of the appropriation or for any allotment period will 
be less than needed, the commissioner shall notify the agency 
concerned and then reduce the amount allotted or to be allotted 
so as to prevent a deficit. 
    (d) In reducing allotments, the commissioner may consider 
other sources of revenue available to recipients of state 
appropriations and may apply allotment reductions based on all 
sources of revenue available.  
    (e) In like manner, the commissioner shall reduce 
allotments to an agency by the amount of any saving that can be 
made over previous spending plans through a reduction in prices 
or other cause. 
    Sec. 59.  Minnesota Statutes 1992, section 16A.15, 
subdivision 5, is amended to read: 
    Subd. 5.  [NOTICE TO COMMITTEES.] The commissioner shall 
notify the committees on finance and taxes and tax laws of the 
senate and the committees on appropriations ways and means and 
taxes of the house of representatives of a reduction in an 
allotment under subdivision 1 this section.  The notice must be 
in writing and delivered within 15 days of the commissioner's 
act.  The notice must specify:  
    (1) the amount of the reduction in the allotment; 
    (2) the agency and programs affected; 
    (3) the amount of any payment withheld; and 
    (4) any additional information the commissioner determines 
is appropriate.  
    Sec. 60.  Minnesota Statutes 1992, section 16A.15, 
subdivision 6, is amended to read: 
    Subd. 6.  [BUDGET RESERVE AND CASH FLOW RESERVE ACCOUNT 
ESTABLISHED.] A budget reserve and cash flow reserve account is 
created in the general fund in the state treasury.  The 
commissioner of finance shall, as authorized from time to time 
by law, restrict part or all of the budgetary balance before 
reserves in the general fund for use as may be necessary to fund 
the budget reserve and cash flow reserve account as provided by 
law from time to time.  The commissioner of finance shall 
transfer from the budget and cash flow reserve account the 
amount necessary to bring the total amount, including any 
existing balance in the account on July 1, 1992, to 
$240,000,000.  The amounts restricted shall remain in the 
account until drawn down under subdivision 1 or increased under 
section 16A.1541. 
    Sec. 61.  Minnesota Statutes 1992, section 16A.152, is 
amended by adding a subdivision to read: 
    Subd. 3.  [USE.] The use of the budget reserve should be 
governed by principles based on the full economic cycle rather 
than the budget cycle.  The budget reserve may be used when a 
negative budgetary balance is projected and when objective 
measures, such as reduced growth in total wages, retail sales, 
or employment, reflect downturns in the state's economy.  
    Sec. 62.  Minnesota Statutes 1992, section 16A.152, is 
amended by adding a subdivision to read: 
    Subd. 5.  [RESTORATION.] The restoration of the budget 
reserve should be governed by principles based on the full 
economic cycle rather than the budget cycle.  Restoration of the 
budget reserve should occur when objective measures, such as 
increased growth in total wages, retail sales, or employment, 
reflect upturns in the state's economy.  The budget reserve 
should be restored before new or increased spending commitments 
are made. 
    Sec. 63.  Minnesota Statutes 1992, section 16A.1541, is 
amended to read: 
    16A.1541 [ADDITIONAL REVENUES; PRIORITY.] 
    If on the basis of a forecast of general fund revenues and 
expenditures the commissioner of finance determines that there 
will be a positive unrestricted budgetary general fund balance 
at the close of the biennium, the commissioner of finance must 
allocate money to the budget reserve and cash flow reserve 
account until the total amount in the account equals five 
percent of total general fund appropriations for the current 
biennium as established by the most recent legislative session.  
Beginning in November 1990, forecast unrestricted budgetary 
general fund balances are first appropriated to restore the 
budget reserve and cash flow reserve account to $550,000,000 and 
then to reduce the property tax levy recognition percent under 
section 121.904, subdivision 4a, to 27 percent before money is 
allocated to the budget reserve and cash flow reserve account 
under the preceding sentence.  
    The amounts necessary to meet the requirements of this 
section are appropriated from the general fund. 
    Sec. 64.  Minnesota Statutes 1992, section 16A.28, is 
amended to read: 
    16A.28 [TREATMENT OF UNUSED APPROPRIATIONS.] 
    Subdivision 1.  [CARRYFORWARD.] Agencies may carry forward 
unexpended and unencumbered nongrant operating balances from the 
first year of a biennium into the second year of the biennium. 
    Subd. 2.  [USE OF CARRYFORWARD.] No money shall be carried 
forward without the approval of the commissioner of finance.  
    Subd. 3.  [LAPSE.] Except as specifically provided for in 
appropriation acts, a part of an appropriation subject to this 
section Any portion of any appropriation not carried forward and 
remaining unexpended and unencumbered at the close of a fiscal 
year lapses.  The commissioner shall see that the remainder is 
returned to the fund from which it was originally appropriated.  
Any appropriation amounts not carried forward and remaining 
unexpended and unencumbered at the close of a biennium lapse to 
the fund from which the appropriation was made. 
    Subd. 2 4.  [REINSTATEMENT; FINAL LAPSE.] The commissioner 
may reinstate a lapsed appropriation within three months of the 
lapse.  A reinstated appropriation lapses again no later than 
three months after it first lapsed.  A payment under a 
reinstated appropriation may be made only under section 16A.15, 
subdivision 3.  
    Subd. 3 5.  [PERMANENT IMPROVEMENTS.] An appropriation for 
permanent improvements, including the acquisition of real 
property does not lapse until the purposes of the appropriation 
are determined by the commissioner, after consultation with the 
affected agencies, to be accomplished or abandoned.  
    Subd. 4 6.  [CANCELED SEPTEMBER 1.] On September 1 all 
allotments and encumbrances for the last fiscal year shall be 
canceled unless an agency head certifies to the commissioner 
that there is an encumbrance for services rendered or goods 
ordered in the last fiscal year, or certifies that funding will 
be carried forward under subdivision 1.  The commissioner may:  
reinstate the part of the cancellation needed to meet the 
certified encumbrance or charge the certified encumbrance 
against the current year's appropriation. 
    Subd. 5 7.  [EXCEPTIONS.] Except as otherwise expressly 
provided by law, subdivisions 1 to 4 6 apply to every 
appropriation of a stated sum for a specified purpose or 
purposes heretofore or hereafter made, but do not, unless 
expressly provided by law, apply to any fund or balance of a 
fund derived wholly or partly from special taxes, fees, 
earnings, fines, federal grants, or other sources that are by 
law appropriated for special purposes by standing, continuing, 
or revolving appropriations. 
    Sec. 65.  Minnesota Statutes 1992, section 16A.281, is 
amended to read: 
    16A.281 [APPROPRIATIONS TO LEGISLATURE EXEMPT.] 
    Except as provided in this section, section 16A.28 does not 
apply applies to appropriations made to the legislature, the 
senate, the house of representatives or its committees or 
commissions.  An appropriation made to the legislature, the 
senate, the house of representatives, or a legislative 
commission or committee other than a standing committee, if not 
spent during the first year, may be spent during the second year 
of a biennium.  An unexpended balance not carried forward and 
remaining unexpended and unencumbered at the end of a biennium 
lapses and shall be returned to the fund from which 
appropriated.  Balances may be carried forward into the next 
biennium and credited to special accounts to be used only as 
follows:  (1) for nonrecurring expenditures on investments that 
enhance efficiency or improve effectiveness; (2) to pay expenses 
associated with special sessions, interim activities, public 
hearings, or other public outreach efforts and related 
activities; and (3) to pay severance costs of involuntary 
terminations.  The approval of the commissioner of finance under 
section 16A.28, subdivision 2, does not apply to the 
legislature.  An appropriation made to the legislature, the 
senate, the house of representatives, or a standing committee 
for all or part of a biennium may be spent in either year of the 
biennium or the year before or after the biennium. 
    Sec. 66.  [16A.285] [ALLOWED APPROPRIATION TRANSFERS.] 
    An agency may transfer state agency operational money 
between programs within the same fund if:  (1) the agency first 
notifies the commissioner as to the type and intent of the 
transfer; and (2) the transfer is consistent with legislative 
intent.  If an amount is specified for an item within an 
activity, that amount must not be transferred or used for any 
other purpose. 
    The commissioner shall report the transfers to the chairs 
of the senate finance and house of representatives ways and 
means committees. 
    Sec. 67.  Minnesota Statutes 1992, section 16A.58, is 
amended to read: 
    16A.58 [COMMISSIONER CUSTODIAN OF PAYMENT DOCUMENTS.] 
    The commissioner or the head of a state agency designated 
by the commissioner is the custodian of original documents on 
which money has been or may be paid out of or received in the 
state treasury.  
    Sec. 68.  Minnesota Statutes 1992, section 16A.69, 
subdivision 2, is amended to read: 
    Subd. 2.  [TRANSFER BETWEEN ACCOUNTS.] Upon the awarding of 
final contracts for the completion of a project for construction 
or other permanent improvement, or upon the abandonment of the 
project, the agency to whom the appropriation was made may 
transfer the unencumbered balance in the project account to 
another project enumerated in the same section of that 
appropriation act.  The transfer must be made only to cover bids 
for the other project that were higher than was estimated when 
the appropriation for the other project was made and not to 
cover an expansion of the other project.  The money transferred 
under this section is appropriated for the purposes for which 
transferred.  For transfers by the state board of technical 
colleges, the total cost of both projects and the required local 
share for both projects are adjusted accordingly.  The agency 
proposing a transfer shall report to the chair of the senate 
finance committee and the chair of the house appropriations of 
representatives ways and means committee before the transfer is 
made under this subdivision. 
    Sec. 69.  Minnesota Statutes 1992, section 16A.72, is 
amended to read: 
    16A.72 [INCOME CREDITED TO GENERAL FUND; EXCEPTIONS.] 
    All income, including fees or receipts of any nature, shall 
be credited to the general fund, except:  
    (1) federal aid; 
    (2) contributions, or reimbursements received for any 
account of any division or department for which an appropriation 
is made by law; 
    (3) income to the University of Minnesota; 
    (4) income to revolving funds now established in 
institutions under the control of the commissioners of 
corrections or human services; 
    (5) investment earnings resulting from the master lease 
program, except that the amount credited to another fund or 
account may not exceed the amount of the additional expense 
incurred by that fund or account through participation in the 
master lease program; 
    (6) receipts from the operation of patients' and inmates' 
stores and vending machines, which shall be deposited in the 
social welfare fund in each institution for the benefit of the 
patients and inmates; 
    (7) money received in payment for services of inmate labor 
employed in the industries carried on in the state correctional 
facilities which receipts shall be credited to the current 
expense fund of those facilities; 
    (8) as provided in sections 16B.57 and 85.22; or 
    (9) as otherwise provided by law; and 
    (10) income to the Minnesota historical society. 
    Sec. 70.  Minnesota Statutes 1992, section 16B.24, 
subdivision 9, is amended to read: 
    Subd. 9.  [SMOKING IN STATE BUILDINGS.] (a) To protect the 
public health, comfort, and environment and to protect the 
nonsmoker's right to a smoke-free environment, smoking in all 
buildings managed or leased by the commissioner under 
subdivisions 1 and 6 is prohibited except in veterans homes 
where smoking areas have been designated under a policy adopted 
in accordance with paragraph (b). 
    (b) Except as provided in paragraph (c), each state agency 
shall adopt a smoking policy for the space it occupies.  Before 
placing a policy in effect, the agency shall submit the policy 
and a plan for implementing it to the commissioner of employee 
relations.  The policy must: 
    (1) prohibit smoking entirely; or 
    (2) A veterans home may permit smoking only in designated 
areas, providing that existing physical barriers and ventilation 
systems can be used to prevent the presence of smoke in adjacent 
nonsmoking areas. 
    (c) An agency need not adopt a new policy governing an area 
in which smoking is prohibited under a policy in effect on 
January 1, 1989. 
    No employee complaining of a smoke-induced discomfort 
violation of this subdivision to a lessor, lessee, manager, or 
supervisor may be subjected to any disciplinary action as a 
result of making the complaint. 
    Sec. 71.  Minnesota Statutes 1992, section 16B.41, as 
amended by Laws 1993, chapter 4, section 12, is amended to read: 
    16B.41 [STATE INFORMATION SYSTEMS MANAGEMENT POLICY 
OFFICE.] 
    Subdivision 1.  [ESTABLISHMENT AND PURPOSE.] An office of 
information systems management is created.  The information 
policy office shall develop and establish a policy and standards 
for state agencies to follow for the development, purchase, and 
training for information systems.  The purpose of the office is 
to develop, promote, and coordinate a state technology, 
architecture, standards and guidelines, information needs 
analysis techniques, contracts for the purchase of equipment and 
services, and training of state agency personnel on these issues.
    Subd. 2.  [RESPONSIBILITIES.] The office has the following 
duties: 
    (a) The office must develop and establish a state 
information architecture to ensure that further state agency 
development and purchase of information systems equipment and 
software is directed in such a manner that individual agency 
information systems complement and do not needlessly duplicate 
or needlessly conflict with the systems of other agencies.  In 
those instances where state agencies have need for the same or 
similar computer data, the commissioner shall ensure that the 
most efficient and cost-effective method of producing and 
storing data for or sharing data between those agencies is 
used.  The development of this information architecture must 
include the establishment of standards and guidelines to be 
followed by state agencies.  The commissioner of administration 
must establish interim standards and guidelines by August 1, 
1987.  The office must establish permanent standards and 
guidelines by July 1, 1988.  On January 1, 1988, and every six 
months thereafter, any state agency that has purchased 
information systems equipment or software in the past six 
months, or that is contemplating purchasing this equipment or 
software in the next six months, must report to the office and 
to the chairs of the house ways and means committee and the 
senate finance committee on how the purchases or proposed 
purchases comply with the applicable standards and guidelines.  
    (b) The office shall assist state agencies in the planning 
and management of information systems so that an individual 
information system reflects and supports the state agency's and 
the state's mission, requirements, and functions.  
    (c) The office must review and approve all agency requests 
for legislative appropriations for the development or purchase 
of information systems equipment or software.  Requests may not 
be included in the governor's budget submitted to the 
legislature, unless the office has approved the request. 
    (d) Each biennium the office must rank in order of priority 
rate agency requests for new appropriations for development or 
purchase of information systems equipment or software based on 
established information management criteria.  The office must 
submit this ranking rating to the legislature at the same time, 
or no later than 14 days after, the governor submits the budget 
message to the legislature.  The governor must provide 
information necessary to rate agency requests to the office. 
    (e) The office must define, review, and approve major 
purchases of information systems equipment to (1) ensure that 
the equipment follows the standards and guidelines of the state 
information architecture; (2) ensure that the equipment is 
consistent with the information management principles adopted by 
the information policy council; (3) evaluate whether or not the 
agency's proposed purchase reflects a cost-effective policy 
regarding volume purchasing; and (4) ensure the equipment is 
consistent with other systems in other state agencies so that 
data can be shared among agencies, unless the office determines 
that the agency purchasing the equipment has special needs 
justifying the inconsistency.  The commissioner of finance may 
not allot funds appropriated for major purchases of information 
systems equipment until the office reviews and approves the 
proposed purchase.  A public institution of higher education 
must not purchase interconnective computer technology without 
the prior approval of the office.  
     (f) The office shall review the operation of information 
systems by state agencies and provide advice and assistance so 
that these systems are operated efficiently and continually meet 
the standards and guidelines established by the office.  These 
standards and guidelines shall emphasize uniformity that 
encourages information interchange, open systems environments, 
and portability of information whenever practicable and 
consistent with an agency's authority and the Minnesota 
government data practices act.  The office, in consultation with 
the intergovernmental information systems advisory council and 
the legislative reference library, shall adopt specific 
standards and guidelines to be met by each state agency within a 
time period fixed by the office in regard to the following: 
    (1) establishment of methodologies and systems directed at 
reducing and ultimately eliminating redundant storage of data 
and encouraging greater use of central databases; 
    (2) establishment of data retention schedules, disaster 
recovery plans and systems, security systems, and procedural 
safeguards concerning privacy of data; 
    (3) establishment of pricing policies and incentives that 
encourage electronic transfer of information in electronic 
forms, while giving due consideration to the value and cost of 
providing the information in those forms.  These pricing 
policies may include preferential prices for information 
requested by a public entity for a public purpose; and 
    (4) establishment of information sales systems that utilize 
licensing and royalty agreements to the greatest extent 
possible, together with procedures for agency denial of requests 
for licenses or royalty agreements by commercial users or 
resellers of the information.  Section 3.751 does not apply to 
these licensing and royalty agreements and the agreements must 
include provisions that section 3.751 does not apply and that 
the state is immune from liability under the agreement. 
    If an agency needs additional funds to comply with the 
requirements of this paragraph, the agency must first obtain 
approval of the proposal by the office as required by paragraph 
(c) before submitting it to the legislature. 
    (g) The office must conduct a comprehensive review at least 
every three years of the information systems investments that 
have been made by state agencies and higher education 
institutions.  The review must include recommendations on any 
information systems applications that could be provided in a 
more cost beneficial manner by an outside source.  The office 
must report the results of its review to the legislature and the 
governor.  
    (h) The office shall recommend to the legislature any 
statutory changes that are necessary or desirable to accomplish 
the duties described in this subdivision. 
    (i) The office must report to the legislature by January 15 
each year on progress in implementing paragraph (f), clauses (1) 
to (4). 
    Subd. 3.  [STAFF.] The office shall function as a division 
of the department of administration.  The commissioner of 
administration shall appoint an interim office director and 
other interim staff and provide the necessary administrative 
support to the office.  The employees and director shall serve 
in the unclassified service through June 30, 1988.  On July 1, 
1988, the employee positions established by this section, except 
the position of director, shall be placed in the classified 
service.  The position of director shall remain in the 
unclassified service. 
    Subd. 4.  [ADVISORY TASK FORCE.] The commissioner must 
appoint a state information systems advisory task force to help 
develop and coordinate a state information architecture that is 
consistent with the information management direction developed 
by the information policy council, and make recommendations to 
the commissioner concerning the progress, direction, and needs 
of the state's information systems.  The task force must include 
representatives of state agencies, the supreme court, higher 
education systems, librarians, local government, and private 
industry.  The task force must also have two members of the 
house of representatives appointed by the speaker of the house 
and two members of the senate appointed by the senate committee 
on committees.  No more than one member from the house of 
representatives and one from the senate shall be chosen from the 
same political party.  The terms, compensation, and removal of 
nonlegislative members are as provided in section 15.059, but 
the task force does not expire until June 30, 1993. 
    Subd. 5.  [COMPUTER IMPACT STATEMENT.] When a statutory 
change affects reporting and data collection requirements for 
local units of government, the state agency most responsible for 
the data collected and reported by the local units of government 
must file a computer impact statement with the office within 60 
days of the final enactment of the statutory change.  The 
statement must indicate the anticipated data processing costs 
associated with the change. 
    Sec. 72.  Minnesota Statutes 1992, section 16B.43, 
subdivision 1, is amended to read: 
    Subdivision 1.  [APPLICATION.] The authority of the 
commissioner under sections 16B.40 to 16B.42, 16B.44, and 16B.45 
does not apply applies to ESV-IS, but applies and to SDE-IS and 
computer-related services provided to the department of 
education by the department of administration's information 
services bureau.  For purposes of this section, "ESV-IS" and 
"SDE-IS" have the meanings given them in section 121.93.  
    Sec. 73.  Minnesota Statutes 1992, section 16B.92, is 
amended to read: 
    16B.92 [LAND MANAGEMENT INFORMATION CENTER.] 
    Subdivision 1.  [PURPOSE.] The purpose of the land 
management information center is to foster integration of 
environmental information and provide services in computer 
mapping and graphics, environmental analysis, and small systems 
development.  The commissioner director, through the center, 
shall periodically study land use and natural resources on the 
basis of county, regional, and other political subdivisions. 
    Subd. 1a.  [STATEWIDE NITRATE DATA BASE.] The 
commissioner director, through the center, shall maintain a 
statewide nitrate data base containing the data described in 
section 103A.403. 
    Subd. 2.  [FEES.] The commissioner director shall set fees 
under section 16A.128, subdivision 2, reflecting the actual 
costs of providing the center's information products and 
services to clients.  Fees collected must be deposited in the 
state treasury and credited to the land management information 
center revolving account.  Money in the account is appropriated 
to the commissioner director for operation of the land 
management information system, including the cost of services, 
supplies, materials, labor, and equipment, as well as the 
portion of the general support costs and statewide indirect 
costs of the department office that is attributable to the land 
management information system.  The commissioner director may 
require a state agency to make an advance payment to the 
revolving fund sufficient to cover the agency's estimated 
obligation for a period of 60 days or more.  If the revolving 
fund is abolished or liquidated, the total net profit from 
operations must be distributed to the funds from which purchases 
were made.  The amount to be distributed to each fund must bear 
to the net profit the same ratio as the total purchases from 
each fund bear to the total purchases from all the funds during 
a period of time that fairly reflects the amount of net profit 
each fund is entitled to receive under this distribution. 
    Sec. 74.  [TRANSFER OF LAND MANAGEMENT INFORMATION CENTER.] 
    Subdivision 1.  [TRANSFER.] The land management information 
center is transferred from the department of administration to 
the office of strategic and long-range planning, under Minnesota 
Statutes, section 15.039.  
     Subd. 2.  [REVISOR INSTRUCTION.] In the next edition of 
Minnesota Statutes, the revisor of statutes shall codify 
Minnesota Statutes, section 16B.92 in chapter 4A. 
    Sec. 75.  Minnesota Statutes 1992, section 43A.045, is 
amended to read: 
    43A.045 [RESTRUCTURING.] 
    (a) It is the policy of the state of Minnesota that any 
restructuring of executive branch agencies be accomplished while 
ensuring must include efforts to ensure that fair and equitable 
arrangements are carried out to protect the interests of 
executive branch employees, and while facilitating to provide 
the best possible service to the public.  The commissioner shall 
make an effort to train and retrain existing employees for a 
changing work environment.  Where restructuring may involve a 
loss of existing positions and employment, the commissioner 
shall assist affected employees in finding suitable employment. 
    For (b) Options available to employees whose positions will 
be eliminated by implementation of a restructuring plan, options 
presented to employees must include but not be limited to, at a 
minimum, job and training opportunities necessary to qualify for 
another job in the same, an equal, or a lower classification 
within their current department or a similar job in another 
state agency. 
    (c) Implementation of this section, as well as procedures 
for notifying employees affected by restructuring plans, must be 
negotiated into collective bargaining agreements under chapter 
179A.  Nothing in this section shall be construed as diminishing 
any rights defined in collective bargaining agreements under 
this chapter or chapter 179A. 
    Sec. 76.  Minnesota Statutes 1992, section 192.501, 
subdivision 2, is amended to read: 
    Subd. 2.  [TUITION REIMBURSEMENT.] (a) The adjutant general 
shall establish a program providing tuition reimbursement for 
members of the Minnesota national guard in accordance with this 
section.  An active member of the Minnesota national guard 
serving satisfactorily, as defined by the adjutant general, 
shall be reimbursed for tuition paid to a post-secondary 
education institution as defined by section 136A.15, subdivision 
5, upon proof of satisfactory completion of course work. 
    (b) In the case of tuition paid to a public institution 
located in Minnesota, including any vocational or technical 
school, tuition is limited to an amount equal to 50 percent of 
the cost of tuition at that public institution, except as 
provided in this section.  In the case of tuition paid to a 
Minnesota private institution or vocational or technical school 
or a public or private institution or vocational or technical 
school not located in Minnesota, reimbursement is limited to 50 
percent of the cost of tuition for lower division programs in 
the college of liberal arts at the twin cities campus of the 
University of Minnesota in the most recent academic year, except 
as provided in this section. 
    (c) If a member of the Minnesota national guard is killed 
in the line of state active duty service or federally funded 
state active service as defined in section 190.05, subdivision 
5b, the state shall reimburse 100 percent of the cost of tuition 
for post-secondary courses satisfactorily completed by any 
surviving spouse and any surviving dependents who are 21 23 
years old or younger.  Reimbursement for surviving spouses and 
dependents is limited in amount and duration as is reimbursement 
for the national guard member. 
    (d) The amount of tuition reimbursement for each eligible 
individual shall be determined by the adjutant general according 
to rules formulated within 30 days of June 4, 1989.  Tuition 
reimbursement received under this section shall not be 
considered by the Minnesota higher education coordinating board 
or by any other state board, commission, or entity in 
determining a person's eligibility for a scholarship or 
grant-in-aid under sections 136A.095 to 136A.132. 
    Sec. 77.  Minnesota Statutes 1992, section 196.051, 
subdivision 3, is amended to read: 
    Subd. 3.  [FUNDS.] The commissioner may commingle the funds 
of persons who are under the commissioner's guardianship 
pursuant to authority granted by section 196.051.  The 
commissioner shall keep complete and accurate accounts showing 
each transaction that occurs with respect to the funds of each 
person under the commissioner's guardianship.  Money in a 
guardianship fund is appropriated to the commissioner to carry 
out the guardianship. 
    Sec. 78.  Minnesota Statutes 1992, section 196.054, 
subdivision 2, is amended to read: 
    Subd. 2.  [APPROPRIATION.] There is a veterans affairs 
resources fund in the state treasury.  All money received by the 
department pursuant to subdivision 1 must be deposited in the 
state treasury and credited to the veterans affairs resources 
fund.  The commissioner may only use Money from the veterans 
affairs resources fund is appropriated to the commissioner for 
operation, maintenance, repair of facilities, associated legal 
fees, and other related expenses used under subdivision 1. 
    Sec. 79.  [197.608] [VETERANS SERVICE OFFICE GRANT 
PROGRAM.] 
    Subdivision 1.  [GRANT PROGRAM.] A veterans service office 
grant program is established to be administered by the 
commissioner of veterans affairs consisting of grants to 
counties to enable them to enhance the effectiveness of their 
veterans service offices. 
    Subd. 2.  [RULE DEVELOPMENT.] The commissioner of veterans 
affairs shall consult with the Minnesota association of county 
veterans service officers in formulating rules to implement the 
grant program. 
    Subd. 3.  [ELIGIBILITY.] To be eligible for a grant under 
this program, a county must: 
    (1) employ a county veterans service officer as authorized 
by sections 197.60 and 197.606, who is certified to serve in 
this position by the commissioner of veterans affairs; 
    (2) submit a written plan for the proposed expenditures to 
enhance the functioning of the county veterans service office in 
accordance with the program rules; and 
     (3) apply for the grant according to procedures to be 
established for this program by the commissioner and receive 
written approval from the commissioner for the grant in advance 
of making the proposed expenditures. 
    Subd. 4.  [GRANT APPLICATION.] (a) A grant application must 
be submitted to the department of veterans affairs according to 
procedures to be established by the commissioner.  The grant 
application must include a specific description of the plan for 
enhancing the operation of the county veterans service office. 
    (b) The commissioner shall approve a grant application only 
if it meets the criteria for eligibility as established and 
announced by the commissioner and there are sufficient funds 
remaining in the grant program to cover the amount of the 
grant.  The commissioner may request modification of a plan.  If 
the commissioner rejects a grant application, written reasons 
for the rejection must be provided to the applicant county and 
the county may modify the application and resubmit it. 
     Subd. 5.  [QUALIFYING USES.] The commissioner of veterans 
affairs shall determine whether the plan specified in the grant 
application will enable the applicant county to enhance the 
effectiveness of its county veterans office. 
     Notwithstanding subdivision 3, clause (1), a county may 
apply for and use a grant for the training and education 
required by the commissioner for a newly employed county 
veterans service officer's certificate, or for the continuing 
education of other staff. 
     Subd. 6.  [GRANT AMOUNT.] The amount of each grant must be 
determined by the commissioner of veterans affairs, and may not 
exceed the lesser of: 
    (1) the amount specified in the grant application to be 
expended on the plan for enhancing the effectiveness of the 
county veterans service office; or 
    (2) the county's share of the total funds available under 
the program, determined in the following manner: 
    (i) if the county's veteran population is less than 1,000, 
the county's grant share shall be $2,000; 
    (ii) if the county's veteran population is 1,000 or more 
but less than 3,000, the county's grant share shall be $4,000; 
    (iii) if the county's veteran population is 3,000 or more 
but less than 10,000, the county's grant share shall be $6,000; 
or 
    (iv) if the county's veteran population is 10,000 or more, 
the county's grant share shall be $8,000. 
    In any year, only one-half of the counties in each of the 
four veteran population categories (i) to (iv) shall be awarded 
grants.  Grants shall be awarded on a first-come first-served 
basis to counties submitting applications which meet the 
commissioner's criteria as established in the rules.  Any county 
not receiving a grant in any given year shall receive priority 
consideration for a grant the following year.  
    In any year, after a period of time to be determined by the 
commissioner, any amounts remaining from undistributed county 
grant shares may be reallocated to the other counties which have 
submitted qualifying application. 
    The veteran population of each county shall be determined 
by the figure supplied by the United States Department of 
Veterans Affairs, as adopted by the commissioner. 
    Sec. 80.  [197.609] [EDUCATION PROGRAM.] 
    Subdivision 1.  [ESTABLISHMENT AND ADMINISTRATION.] An 
education program for county veterans service officers is 
established to be administered by the commissioner of veterans 
affairs. 
    Subd. 2.  [ELIGIBILITY.] To be eligible for the program in 
this section, a person must currently be employed as a county 
veterans service officer as authorized by sections 197.60 to 
197.606, and be certified to serve in that position by the 
commissioner of veterans affairs or be serving a probationary 
period as authorized by section 197.60, subdivision 2. 
    Subd. 3.  [PROGRAM CONTENT.] The program in this section 
must include but is not limited to informing county veteran 
service officers of the federal, state, and private benefits and 
services available to veterans, training them in procedures for 
applying for these benefits, updating them on the changes in 
these benefits and the eligibility criteria and application 
procedures, informing them of judicial and regulatory decisions 
involving veterans programs, training them in the legal 
procedures for appealing decisions disallowing benefits to 
veterans, and providing education, information, and training for 
any other aspects of the veteran service officer position. 
    Sec. 81.  Minnesota Statutes 1992, section 198.16, is 
amended to read: 
    198.16 [DONATIONS; GENERAL PURPOSES.] 
    The board is authorized to accept on behalf of the state 
any gift, grant, bequest, or devise made for the purposes of 
this chapter, and administer the same as directed by the donor.  
All proceeds therefrom including money derived from the sale of 
any real or personal property shall be deposited in the state 
treasury and credited to the Minnesota veterans home endowment, 
bequest, and devises fund.  Said fund shall consist of two 
accounts, one of which shall include any trusts prescribed by 
the donor, the other shall include any currently expendable 
proceeds.  Money in the fund is appropriated to the board for 
the purposes for which it was received.  Disbursements from this 
fund shall be made in the manner provided for the issuance of 
other state warrants. 
    Whenever the board shall deem it advisable, in accordance 
with law, to sell or otherwise dispose of any real or personal 
property thus acquired, the commissioner of administration upon 
the request of the board shall sell or otherwise dispose of said 
property in the manner provided by law for the sale or 
disposition of other state property by the commissioner of 
administration.  
    Sec. 82.  Minnesota Statutes 1992, section 240A.02, 
subdivision 1, is amended to read: 
    Subdivision 1.  [MEMBERSHIP; COMPENSATION; CHAIR.] (a) The 
Minnesota amateur sports commission consists of nine 12 voting 
members, four of whom must be experienced in promoting amateur 
sports,.  Nine of the voting members shall be appointed by the 
governor to three-year terms.  Two legislators, one from each 
house appointed according to its rules, shall be nonvoting 
members.  Compensation and removal of members and the filling of 
membership vacancies are as provided in section 15.0575.  A 
member may be reappointed.  The governor shall appoint the chair 
of the commission after consideration of the commission's 
recommendation. 
    (b) The governor, speaker of the house of representatives, 
and senate majority leader shall each appoint one additional 
voting member to the commission to a two-year term.  The purpose 
of adding three members to the commission is to ensure gender 
balance in commission membership.  Compensation, removal, and 
filling of vacancies of members appointed under this paragraph 
are as provided in section 15.0575.  A member appointed under 
this paragraph may be reappointed. 
    Sec. 83.  Minnesota Statutes 1992, section 240A.03, is 
amended by adding a subdivision to read: 
    Subd. 15.  [ADVERTISING.] The commission may accept paid 
advertising in its publications.  Funds received from 
advertising are annually appropriated to the commission for its 
publications.  The commission must annually report the amount of 
funds received under this subdivision to the chair of the house 
of representatives ways and means and senate finance committees. 
    Sec. 84.  Minnesota Statutes 1992, section 270.063, is 
amended to read: 
    270.063 [COLLECTION OF DELINQUENT TAXES; COSTS.] 
    For the purpose of collecting delinquent state tax 
liabilities, there is appropriated to the commissioner of 
revenue an amount representing the cost of collection by 
contract with collection agencies, revenue departments of other 
states, or attorneys to enable the commissioner to reimburse 
these agencies, departments, or attorneys for this service, or 
provide for the operating costs of collection activities of the 
department of revenue.  The commissioner shall report quarterly 
on the status of this program to the chair of the house tax and 
appropriation committees and senate tax and finance committees.  
    Notwithstanding section 16A.15, subdivision 3, the 
commissioner of revenue may authorize the prepayment of 
sheriff's fees, attorney fees, fees charged by revenue 
departments of other states, or court costs to be incurred in 
connection with the collection of delinquent tax liabilities 
owed to the commissioner of revenue. 
    Sec. 85.  Minnesota Statutes 1992, section 271.07, is 
amended to read: 
    271.07 [STENOGRAPHIC REPORT; TRANSCRIPT.] 
    Except in the small claims division, the tax court shall 
provide for a verbatim stenographic report of all proceedings 
had before it upon appeals, as required by the laws relating to 
proceedings in district court.  The cost of the stenographic 
record shall be paid by the party taking the appeal.  The cost 
is a taxable cost under section 271.09. 
    Sec. 86.  Minnesota Statutes 1992, section 309.501, is 
amended to read: 
    309.501 [REGISTERED COMBINED CHARITABLE ORGANIZATIONS.] 
    Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
the following terms have the meanings given them.  
    (b) "Registered combined charitable organization" means an 
a federated funding organization: 
    (1) which is tax exempt under section 501(c)3 of the 
Internal Revenue Code of 1986, as amended through December 31, 
1990 1992 (hereinafter "Internal Revenue Code"), and to which 
contributions are deductible under section 170 of the Internal 
Revenue Code; 
    (2) which exists for purposes other than solely 
fundraising; 
    (3) which secures funds for distribution to ten 14 or 
more charitable affiliated agencies in a single, annual 
consolidated effort; 
    (3) (4) which is governed by a local, independent, 
voluntary board of directors which represents the broad 
interests of the public and 90 percent of the directors of the 
governing board live or work in the community or surrounding 
area; 
    (4) (5) which distributes at least 70 percent of its total 
campaign income and revenue to its affiliated agencies and to 
the designated agencies it supports and expends no more than 30 
percent of its total income and revenue for management and 
general costs and fund raising costs; 
    (5) (6) which distributes at least 70 percent of its total 
campaign income and revenue to affiliated agencies and 
designated agencies that are incorporated in Minnesota or 
headquartered in the service area in which the state employee 
combined charitable campaign takes place; 
    (7) and each designated or affiliated agency supported by 
the recipient institution devotes substantially all of its 
activities directly to providing health, welfare, social, or 
other human services to individuals; 
    (6) (8) and each designated or affiliated agency supported 
by the recipient institution with funds contributed by state 
employees through the combined charitable campaign provides all 
or substantially all of its health, welfare, social, or other 
human services, in the community and surrounding area in which 
the recipient institution's fund drive state employee combined 
charitable campaign takes place; 
    (7) (9) and each charitable agency is affiliated with no 
more than one registered combined charitable organization within 
the registered combined charitable organization's service area 
in the state's employee combined charitable campaign; and 
    (10) which has been registered with the commissioner of 
commerce employee relations in accordance with this section.  
    (c) "Affiliated agency" means a charitable agency that is 
represented by a federation and has an ongoing relationship with 
that federation which involves a review and monitoring process 
to insure financial, managerial, and programmatic responsibility.
    (d) "Charitable agency" means a governmental agency or an 
organization (1) which is tax exempt under section 501(c)3 of 
the Internal Revenue Code; (2) to which contributions are 
deductible under section 170 of the Internal Revenue Code; and 
(3) which is in compliance with the provisions of this chapter. 
    (e) "State employees combined charitable campaign" means 
the annual state campaign whereby a state employee may designate 
that the employee's contribution to a registered combined 
charitable organization may be deducted from the pay of the 
employee for each pay period. 
    Subd. 2.  [DESIGNATED CONTRIBUTIONS.] A registered combined 
charitable organization may offer a state officer or employee 
the option of designating in writing that the amount deducted in 
section 16A.134, be designated to any charitable agency, whether 
or not the charitable agency receives funds from the single, 
annual consolidated effort.  A registered combined charitable 
organization which offers this option shall provide a list of 
charitable agencies receiving funds and the amount each 
charitable agency receives in the annual report required 
pursuant to section 309.53.  
    Subd. 3.  [REGISTRATION.] An (a) In order to participate in 
the state employee combined charitable campaign, a federated 
funding organization may shall apply to the commissioner 
of commerce employee relations as a registered combined 
charitable organization on or before June 1, 1993, and in 1994 
and thereafter on or before March 1 in order to be eligible to 
participate in the campaign for that year. 
    An (b) A federated funding organization which applies to 
the commissioner of employee relations shall provide the 
commissioner with all information the commissioner deems 
necessary to identify the charitable and tax exempt status of 
the organization and its compliance with the provisions of this 
chapter including, but not limited to the following: 
    (1) a copy of the organization's most recently filed annual 
report required by section 309.53, which shall also be filed 
with the attorney general; 
    (2) assurance of tax exempt status for the federated 
funding organization and each of the charitable agencies 
identified by the federated funding organization as an 
affiliated agency; 
    (3) assurance of proper registration with the attorney 
general of Minnesota to solicit contributions in the state of 
Minnesota for the federated funding organization and each of the 
charitable agencies identified by the federated funding 
organization as an affiliated agency.  A copy of the 
registration letter must be available upon request; 
    (4) an affidavit signed by a duly constituted officer of 
the federated funding organization attesting to the fact that 
the federated funding organization and its affiliated agencies 
are in compliance with each of the provisions of this section; 
    (5) a list of the board of directors for the federated 
funding organization which identifies the address for each 
director; and 
    (6) a fee of $100, or ten percent of the funds raised from 
state employees in the previous campaign, whichever is less.  
    (c) A registered combined charitable organization shall 
disclose in its solicitation and its annual report filed under 
section 309.53:  
    (a) (1) gross dollars received in contributions in the 
prior year; 
    (b) (2) names of, business addresses, and amount of money 
distributed to each affiliated charitable agency by the 
registered combined charitable organization; 
    (c) (3) percentage of gross dollars contributed which was 
directly received by the charitable agencies; and 
    (d) (4) projected percentage of the contribution to be 
received by the charitable agencies in the year for which the 
solicitation is being made.  
    If participating charitable agencies are required to pay 
any fees to the combined charitable organization, it shall also 
be disclosed in the solicitation and annual report.  In the 
annual report the combined charitable organization shall include 
a list of charitable agencies to which donors specifically 
designated funds, and the amount designated to each agency.  
Notwithstanding section 309.53, subdivision 1a, each charitable 
agency shall file the report required in section 309.53.  The 
commissioner shall consult with the attorney general to 
determine if the combined charitable organization and its 
charitable agencies are in compliance with this chapter.  
    (d) The commissioner shall register or not register the 
application of an organization within 60 days.  No organization 
may apply to the commissioner more than once in a 12-month 
period calendar year.  An organization whose application is 
denied has ten calendar days after receiving notice of the 
denial to appeal the decision or file an amended application 
correcting the deficiency.  The commissioner shall register or 
not register the organization within ten calendar days of the 
submission of the appeal.  If the organization fails to correct 
the deficiency and registration is denied a second time, the 
organization may appeal within five calendar days after being 
notified by the commissioner or the commissioner's designee that 
the deficiency has not been cured and the organization is not 
registered.  A hearing shall be scheduled by the commissioner of 
employee relations and shall be held within 15 calendar days 
after receiving notice of the appeal.  The provisions of chapter 
14 do not apply to the hearing.  The hearing shall be conducted 
in a manner considered appropriate by the commissioner.  The 
commissioner's determination following the hearing shall be made 
within five calendar days after the hearing has been completed.  
Registered combined charitable organizations shall file the 
report required in section 309.53.  The commissioner shall 
notify the commissioner of finance in writing of the decision to 
register an organization under this section by July 15. 
    (e) An organization whose application as a registered 
combined charitable organization is denied shall not be eligible 
to participate in the state employee combined charitable 
campaign for that year.  Only organizations that are approved 
may participate in the state employee combined charitable 
campaign for the year of approval and only contributions 
authorized during the campaign may be deducted from an 
employee's pay pursuant to section 16A.134. 
    Subd. 4.  [COMPLIANCE WAIVER.] This subdivision applies 
only to the 1993 state employee combined charitable organization 
fund drive.  A registered combined charitable organization that 
participated in the 1992 state employee's combined charitable 
organization's fund drive but that would not be qualified to 
participate in future fund drives because it will not satisfy 
the standards of this section, may certify to the commissioner 
of employee relations those provisions of subdivision 1 that it 
fails to meet and the extent of the inability to meet the 
specified standards, and may request a waiver of compliance.  
The commissioner shall issue a waiver to the registered combined 
charitable organization unless the provisions of subdivision 1 
that the registered combined charitable organization fails to 
meet is subdivision 1, paragraph (b), clause (1) or (5). 
    To be entitled to a waiver, an organization must apply to 
the commissioner by the registration dates specified in 
subdivision 3. 
    Sec. 87.  Minnesota Statutes 1992, section 352.96, 
subdivision 3, is amended to read: 
    Subd. 3.  [EXECUTIVE DIRECTOR TO ADMINISTER SECTION.] This 
section must be administered by the executive director of the 
system under subdivision 4.  Fiduciary activities of the 
deferred compensation plan must be undertaken in a manner 
consistent with chapter 356A.  If the state board of investment 
so elects, it may solicit bids for options under subdivision 2, 
clauses (2) and (3).  The state board of investment may retain 
consulting services to assist it in soliciting and evaluating 
bids and in the periodic review of companies offering options 
under subdivision 2, clause (3).  The periodic review must occur 
at least every two years.  The state board of investment may 
annually establish a budget for its costs in the soliciting, 
evaluating, and periodic review processes.  The state board of 
investment may charge a proportional share of all costs related 
to the periodic review to each company currently under contract 
and may charge a proportional share of all costs related to 
soliciting and evaluating bids to each company selected by the 
state board.  All contracts must be approved before execution by 
the state board of investment.  Contracts must provide that all 
options in subdivision 2 must:  be presented in an unbiased 
manner and in a manner that conforms to rules adopted by the 
executive director, be reported on a periodic basis to all 
employees participating in the deferred compensation program, 
and not be the subject of unreasonable solicitation of state 
employees to participate in the program.  The contract may not 
call for any person to jeopardize the tax-deferred status of 
money invested by state employees under this section.  All costs 
or fees in relation to the options provided under subdivision 2, 
clause (3), must be paid by the underwriting companies 
ultimately selected by the state board of investment. 
    Sec. 88.  Minnesota Statutes 1992, section 354B.05, is 
amended to read: 
    354B.05 [ADMINISTRATION.] 
    Subdivision 1.  [GOVERNING BOARDS.] The state university 
board shall administer the plan for persons in covered 
employment under section 354B.01, subdivisions 2, 4, and 5.  The 
community college board shall administer the plan for persons in 
covered employment under section 354B.01, subdivision 3.  
    Subd. 2.  [PURCHASE OF CONTRACTS.] The state university 
board and the community college board shall arrange for the 
purchase of annuity contracts, fixed, variable, or a combination 
of fixed and variable, or custodial accounts from financial 
institutions selected by the state board of investment under 
subdivision 3, to provide retirement and death benefits to 
members of the plan.  The contracts or accounts must be 
purchased with contributions under section 354B.04 or money or 
assets otherwise provided by law or by authority of the state 
university board or community college board and acceptable by 
the financial institutions from which the contracts or accounts 
are purchased. 
    Subd. 3.  [SELECTION OF FINANCIAL INSTITUTIONS.] The 
supplemental investment fund administered by the state board of 
investment is one of the investment options for the plan.  The 
state university board and the community college board shall of 
investment may select no more than two other financial 
institutions to provide annuity contracts or custodial accounts 
products.  Each board may at its discretion change a selection 
of an institution.  Investment programs offered by the 
institutions must meet the requirements of section 401(a) or 
403(b) of the Internal Revenue Code of 1986, as amended.  In 
making their selections, the boards board shall consider at 
least these criteria: 
    (1) the experience and ability of the financial institution 
to provide retirement and death benefits suited to the needs of 
the covered employees; 
    (2) the relationship of the benefits to their cost; and 
    (3) the financial strength and stability of the institution.
    The state board of investment must periodically review at 
least every three years each financial institution selected by 
the state board of investment.  The state board of investment 
may retain consulting services to assist in the periodic review, 
may establish a budget for its costs in the periodic review 
process, and may charge a proportional share of those costs to 
each financial institution selected by the state board of 
investment.  All contracts must be approved by the state board 
of investment before execution by the state university board and 
the community college board.  The state board of investment 
shall also establish policies and procedures under section 
11A.04, clause (2), to carry out this subdivision. 
    The chancellor of the state university system and the 
chancellor of the state community college system shall redeem 
all shares in the accounts of the Minnesota supplemental 
investment fund held on behalf of personnel in the supplemental 
plan who elect an investment option other than the supplemental 
investment fund, except that shares in the fixed interest 
account must not be redeemed until the expiration dates for the 
guaranteed investment contracts.  The chancellors shall transfer 
the cash realized to the financial institutions selected by the 
state university board and the community college board under 
section 354B.05.  
    Subd. 4.  [BENEFITS OWNED BY MEMBERS.] The retirement and 
death benefits provided by the annuity contracts or custodial 
accounts are owned by the trust and must be paid in accordance 
with the provisions of the plan document. 
    Sec. 89.  [REVIEW BY STATE BOARD OF INVESTMENT.] 
    The state board of investment shall be responsible for 
periodic review of each financial institution under the 
provisions of section 88 as of the effective date of this 
section.  Initial reviews must be with those financial 
institutions under contract with the state university board and 
community college board on the effective date of this section.  
As provided in section 88, the state board of investment may 
retain consulting services, establish a budget for its costs, 
and charge a proportional share of those costs to those 
financial institutions. 
    Sec. 90.  Minnesota Statutes 1992, section 356.24, 
subdivision 1, is amended to read: 
    Subdivision 1.  [RESTRICTION; EXCEPTIONS.] (a) It is 
unlawful for a school district or other governmental subdivision 
or state agency to levy taxes for, or contribute public funds to 
a supplemental pension or deferred compensation plan that is 
established, maintained, and operated in addition to a primary 
pension program for the benefit of the governmental subdivision 
employees other than: 
    (1) to a supplemental pension plan that was established, 
maintained, and operated before May 6, 1971; 
    (2) to a plan that provides solely for group health, 
hospital, disability, or death benefits, to the individual 
retirement account plan established by sections 354B.01 to 
354B.04; 
     (3) to a plan that provides solely for severance pay under 
section 465.72 to a retiring or terminating employee; 
     (4) for employees other than personnel employed by the 
state university board or the community college board and 
covered by section 354B.07, subdivision 1, to: 
     (i) the state of Minnesota deferred compensation plan under 
section 352.96; or 
     (ii) payment of the applicable portion of the premium on a 
tax sheltered annuity contract qualified under section 403(b) of 
the federal Internal Revenue Code, purchased from a qualified 
insurance company; if provided for in a personnel policy or in 
the collective bargaining agreement of the public employer with 
the exclusive representative of public employees in an 
appropriate unit, in an amount matching employee contributions 
on a dollar for dollar basis, but not to exceed an employer 
contribution of $2,000 a year per employee; or 
     (5) for personnel employed by the state university board or 
the community college board and covered by section 354B.07, 
subdivision 1, to the supplemental retirement plan under 
sections 354B.07 to 354B.09, if provided for in a personnel 
policy or in the collective bargaining agreement of the public 
employer with the exclusive representative of the covered 
employees in an appropriate unit, in an amount matching employee 
contributions on a dollar for dollar basis, but not to exceed an 
employer contribution of $2,000 a year for each employee.  
     (b) A qualified insurance company is a company that: 
     (1) meets the definition in section 60A.02, subdivision 4; 
     (2) is licensed to engage in life insurance or annuity 
business in the state; 
     (3) is determined by the commissioner of commerce to have a 
rating within the top two rating categories by a recognized 
national rating agency or organization that regularly rates 
insurance companies; and 
     (4) is determined by the state board of investment to be 
among the ten applicant insurance companies with competitive 
options and investment returns on annuity products.  The state 
board of investment determination must be made on or before 
January 1, 1993, and must be reviewed periodically.  The state 
board of investment shall may retain actuarial services to 
assist it in this determination and in its periodic review.  The 
state board of investment shall may annually establish a budget 
for its costs in the any determination process and shall and 
periodic review processes.  The state board of investment may 
charge a proportional share of that budget all costs related to 
the periodic review to those companies currently under contract 
and may charge a proportional share of all costs related to 
soliciting and evaluating bids in a determination process to 
each insurance company selected by the state board of 
investment.  All contracts must be approved before execution by 
the state board of investment.  The state board of investment 
shall establish policies and procedures under section 11A.04, 
clause (2), to carry out this paragraph. 
    (c) A personnel policy for unrepresented employees or a 
collective bargaining agreement may establish limits on the 
number of vendors under paragraph (b), clause (4), that it will 
utilize and conditions under which the vendors may contact 
employees both during working hours and after working hours. 
    Sec. 91.  Minnesota Statutes 1992, section 357.021, 
subdivision 1a, is amended to read: 
    Subd. 1a.  (a) Every person, including the state of 
Minnesota and all bodies politic and corporate, who shall 
transact any business in the district court, shall pay to the 
court administrator of said court the sundry fees prescribed in 
subdivision 2.  Except as provided in paragraph (d), the court 
administrator shall transmit the fees monthly to the state 
treasurer for deposit in the state treasury and credit to the 
general fund.  
    (b) In a county which has a screener-collector position, 
fees paid by a county pursuant to this subdivision shall be 
transmitted monthly to the county treasurer, who shall apply the 
fees first to reimburse the county for the amount of the salary 
paid for the screener-collector position.  The balance of the 
fees collected shall then be forwarded to the state treasurer 
for deposit in the state treasury and credited to the general 
fund.  In a county in the eighth judicial district which has a 
screener-collector position, the fees paid by a county shall be 
transmitted monthly to the state treasurer for deposit in the 
state treasury and credited to the general fund.  A 
screener-collector position for purposes of this paragraph is an 
employee whose function is to increase the collection of fines 
and to review the incomes of potential clients of the public 
defender, in order to verify eligibility for that service. 
    (c) No fee is required under this section from the public 
authority or the party the public authority represents in an 
action for: 
    (1) child support enforcement or modification, medical 
assistance enforcement, or establishment of parentage in the 
district court, or child or medical support enforcement 
conducted by an administrative law judge in an administrative 
hearing under section 518.551, subdivision 10; 
    (2) civil commitment under chapter 253B; 
    (3) the appointment of a public conservator or public 
guardian or any other action under chapters 252A and 525; 
    (4) wrongfully obtaining public assistance under section 
256.98 or 256D.07, or recovery of overpayments of public 
assistance; 
    (5) court relief under chapter 260; 
    (6) forfeiture of property under sections 609.531 to 
609.5317; 
    (7) recovery of amounts issued by political subdivisions or 
public institutions under sections 246.52, 252.27, 256.045, 
256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, and 
260.251, or other sections referring to other forms of public 
assistance; or 
    (8) restitution under section 611A.04. 
    (d) The fees collected for child support modifications 
under subdivision 2, clause (13), must be transmitted to the 
county treasurer for deposit in the county general fund.  The 
fees must be used by the county to pay for child support 
enforcement efforts by county attorneys. 
    Sec. 92.  Minnesota Statutes 1992, section 357.021, 
subdivision 2, is amended to read: 
    Subd. 2.  [FEE AMOUNTS.] The fees to be charged and 
collected by the court administrator shall be as follows: 
    (1) In every civil action or proceeding in said court, the 
plaintiff, petitioner, or other moving party shall pay, when the 
first paper is filed for that party in said action, a fee of 
$110 $122. 
    The defendant or other adverse or intervening party, or any 
one or more of several defendants or other adverse or 
intervening parties appearing separately from the others, shall 
pay, when the first paper is filed for that party in said 
action, a fee of $110 $122. 
    The party requesting a trial by jury shall pay $30 $75. 
    The fees above stated shall be the full trial fee 
chargeable to said parties irrespective of whether trial be to 
the court alone, to the court and jury, or disposed of without 
trial, and shall include the entry of judgment in the action, 
but does not include copies or certified copies of any papers so 
filed or proceedings under chapter 103E, except the provisions 
therein as to appeals. 
    (2) Certified copy of any instrument from a civil or 
criminal proceeding, $5, plus 25 cents per page after the first 
page, and $3.50, plus 25 cents per page after the first page for 
an uncertified copy. 
    (3) Issuing a subpoena, $3 for each name. 
    (4) Issuing an execution and filing the return thereof; 
issuing a writ of attachment, injunction, habeas corpus, 
mandamus, quo warranto, certiorari, or other writs not 
specifically mentioned, $10. 
     (5) Issuing a transcript of judgment, or for filing and 
docketing a transcript of judgment from another court, $7.50. 
     (6) Filing and entering a satisfaction of judgment, partial 
satisfaction, or assignment of judgment, $5. 
     (7) Certificate as to existence or nonexistence of 
judgments docketed, $5 for each name certified to. 
     (8) Filing and indexing trade name; or recording basic 
science certificate; or recording certificate of physicians, 
osteopaths, chiropractors, veterinarians, or optometrists, $5. 
     (9) For the filing of each partial, final, or annual 
account in all trusteeships, $10. 
     (10) For the deposit of a will, $5. 
     (11) For recording notary commission, $25, of which, 
notwithstanding subdivision 1a, paragraph (b), $20 must be 
forwarded to the state treasurer to be deposited in the state 
treasury and credited to the general fund. 
     (12) When a defendant pleads guilty to or is sentenced for 
a petty misdemeanor other than a parking violation, the 
defendant shall pay a fee of $5. 
     (13) Filing a motion or response to a motion for 
modification of child support, a fee fixed by rule or order of 
the supreme court.  
    (14) All other services required by law for which no fee is 
provided, such fee as compares favorably with those herein 
provided, or such as may be fixed by rule or order of the court. 
    The fees in clauses (3) and (4) need not be paid by a 
public authority or the party the public authority represents.  
    Sec. 93.  Minnesota Statutes 1992, section 357.022, is 
amended to read: 
    357.022 [CONCILIATION COURT FEE.] 
    The court administrator in every county shall charge and 
collect a filing fee of $13 $15 where the amount demanded is 
less than $2,000 and $25 where the amount demanded is $2,000 or 
more from every plaintiff and from every defendant when the 
first paper for that party is filed in any conciliation court 
action.  The court administrator shall transmit the fees monthly 
to the state treasurer for deposit in the state treasury and 
credit to the general fund. 
    Sec. 94.  Minnesota Statutes 1992, section 357.08, is 
amended to read: 
    357.08 [PAID BY APPELLANT IN APPEAL.] 
    There shall be paid to the clerk of the appellate courts by 
the appellant, or moving party or person requiring the service, 
in all cases of appeal, certiorari, habeas corpus, mandamus, 
injunction, prohibition, or other original proceeding, when 
initially filed with the clerk of the appellate courts, the sum 
of $200 $250 to the clerk of the appellate courts.  An 
additional filing fee of $100 shall be required for a petition 
for accelerated review by the supreme court.  A filing fee 
of $200 $250 shall be paid to the clerk of the appellate courts 
upon the filing of a petition for review from a decision of the 
court of appeals.  A filing fee of $200 $250 shall be paid to 
the clerk of the appellate courts upon the filing of a petition 
for permission to appeal.  A filing fee of $100 shall be paid to 
the clerk of the appellate courts upon the filing by a 
respondent of a notice of review.  The clerk shall transmit the 
fees to the state treasurer for deposit in the state treasury 
and credit to the general fund.  
    The clerk shall not file any paper, issue any writ or 
certificate, or perform any service enumerated herein, until the 
payment has been made for it.  The clerk shall pay the sum into 
the state treasury as provided for by section 15A.01.  
    The charges provided for shall not apply to disbarment 
proceedings, nor to an action or proceeding by the state taken 
solely in the public interest, where the state is the appellant 
or moving party, nor to copies of the opinions of the court 
furnished by the clerk to the parties before judgment, or 
furnished to the district judge whose decision is under review, 
or to such law library associations in counties having a 
population exceeding 50,000, as the court may direct. 
    Sec. 95.  Minnesota Statutes 1992, section 357.18, 
subdivision 3, is amended to read: 
    Subd. 3.  [SURCHARGE.] In addition to the fees imposed in 
subdivision 1, a $2 $4.50 surcharge shall be collected:  on each 
fee charged under subdivision 1, clauses (1) and (6), and for 
each abstract certificate under subdivision 1, clause (4).  
Forty Fifty cents of each surcharge shall be retained by the 
county to cover its administrative costs and $1.60 $4 shall be 
paid to the state treasury and credited to the general fund. 
    Sec. 96.  Minnesota Statutes 1992, section 484.74, 
subdivision 1, is amended to read: 
    Subdivision 1.  [AUTHORIZATION.] Except for good cause 
shown, in litigation involving an amount in excess 
of $50,000 $7,500 in controversy, the presiding judge may shall, 
by order, direct the parties to enter nonbinding alternative 
dispute resolution.  Alternatives may include private trials, 
neutral expert fact-finding, mediation, minitrials, and other 
forms of alternative dispute resolution.  The guidelines for the 
various alternatives must be established by the presiding judge 
and must emphasize early and inexpensive exchange of information 
and case evaluation in order to facilitate settlement. 
    Sec. 97.  Minnesota Statutes 1992, section 484.76, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GENERAL.] The supreme court shall 
establish a statewide alternative dispute resolution program for 
the resolution of civil cases filed with the courts.  The 
supreme court shall adopt rules governing practice, procedure, 
and jurisdiction for alternative dispute resolution programs 
established under this section.  The rules shall require the use 
of nonbinding alternative dispute resolution processes in all 
civil cases, except for good cause shown by the presiding judge, 
and must provide an equitable means for the payment of fees and 
expenses for the use of alternative dispute resolution processes.
    Sec. 98.  [491A.03] [JUDGES; REFEREES.] 
    The judges of district court shall serve as judges of 
conciliation court.  A majority of the judges of the district 
may appoint one or more suitable persons to act as referees in 
conciliation court; a majority of the judges of the district 
shall establish qualifications for the office, specify the 
duties and length of service of referees, and fix their 
compensation not to exceed an amount per day determined by the 
chief judge of the judicial district. 
    Sec. 99.  Minnesota Statutes 1992, section 508.82, is 
amended to read: 
    508.82 [REGISTRAR'S FEES.] 
    The fees to be paid to the registrar shall be as follows: 
    (1) of the fees provided herein, five percent of the fees 
collected under clauses (3), (4), (10), (12), (13), (14), (16), 
(17), and (18), for filing or memorializing shall be paid to the 
state treasurer and credited to the general fund; plus 
a $2 $4.50 surcharge shall be charged and collected in addition 
to the total fees charged for each transaction under clauses (2) 
to (5), (10), (12), (14), and (18), with 40 50 cents of this 
surcharge to be retained by the county to cover its 
administrative costs and $1.60 $4 to be paid to the state 
treasury and credited to the general fund; 
    (2) for registering each original certificate of title, and 
issuing a duplicate of it, $30; 
    (3) for registering each instrument transferring the fee 
simple title for which a new certificate of title is issued and 
for the issuance and registration of the new certificate of 
title, $30; 
    (4) for the entry of each memorial on a certificate and 
endorsements upon duplicate certificates, $15; 
    (5) for issuing each residue certificate, $20; 
    (6) for exchange certificates, $10 for each certificate 
canceled and $10 for each new certificate issued; 
    (7) for each certificate showing condition of the register, 
$10; 
    (8) for any certified copy of any instrument or writing on 
file in the registrar's office, the same fees allowed by law to 
county recorders for like services; 
    (9) for a noncertified copy of any instrument or writing on 
file in the office of the registrar of titles, or any specified 
page or part of it, an amount as determined by the county board 
for each page or fraction of a page specified.  If computer or 
microfilm printers are used to reproduce the instrument or 
writing, a like amount per image; 
     (10) for filing two copies of any plat in the office of the 
registrar, $30; 
     (11) for any other service under this chapter, such fee as 
the court shall determine; 
     (12) for issuing a duplicate certificate of title pursuant 
to the directive of the examiner of titles in counties in which 
the compensation of the examiner is paid in the same manner as 
the compensation of other county employees, $50, plus $10 to 
memorialize; 
     (13) for issuing a duplicate certificate of title pursuant 
to the directive of the examiner of titles in counties in which 
the compensation of the examiner is not paid by the county or 
pursuant to an order of the court, $10; 
     (14) for filing a condominium plat or an amendment to it in 
accordance with chapter 515, $30; 
    (15) for a copy of a condominium plat filed pursuant to 
chapters 515 and 515A, the fee shall be $1 for each page of the 
condominium plat with a minimum fee of $10; 
    (16) for filing a condominium declaration and plat or an 
amendment to it in accordance with chapter 515A, $10 for each 
certificate upon which the document is registered and $30 for 
the filing of the condominium plat or an amendment thereto; 
    (17) for the filing of a certified copy of a plat of the 
survey pursuant to section 508.23 or 508.671, $10; 
    (18) for filing a registered land survey in triplicate in 
accordance with section 508.47, subdivision 4, $30; 
    (19) for furnishing a certified copy of a registered land 
survey in accordance with section 508.47, subdivision 4, $10. 
    Sec. 100.  Minnesota Statutes 1992, section 508A.82, is 
amended to read: 
    508A.82 [REGISTRAR'S FEES.] 
    The fees to be paid to the registrar shall be as follows:  
    (1) of the fees provided herein, five percent of the fees 
collected under clauses (3), (4), (10), (12), (13), (14), (16), 
and (18), for filing or memorializing shall be paid to the state 
treasurer and credited to the general fund; plus a $2 $4.50 
surcharge shall be charged and collected in addition to the 
total fees charged for each transaction under clauses (2) to 
(5), (10), (12), (14), and (18), with 40 50 cents of this 
surcharge to be retained by the county to cover its 
administrative costs and $1.60 $4 to be paid to the state 
treasury and credited to the general fund; 
    (2) for registering each original CPT, and issuing a 
duplicate of it, $30; 
    (3) for registering each instrument transferring the fee 
simple title for which a new CPT is issued and for the issuance 
and registration of the new CPT, $30; 
    (4) for the entry of each memorial on a certificate and 
endorsements upon duplicate CPTs, $15; 
    (5) for issuing each residue CPT, $20; 
    (6) for exchange CPTs, $10 for each CPT canceled and $10 
for each new CPT issued; 
    (7) for each certificate showing condition of the register, 
$10; 
    (8) for any certified copy of any instrument or writing on 
file in the registrar's office, the same fees allowed by law to 
county recorders for like services; 
     (9) for a noncertified copy of any instrument or writing on 
file in the office of the registrar of titles, or any specified 
page or part of it, an amount as determined by the county board 
for each page or fraction of a page specified.  If computer or 
microfilm printers are used to reproduce the instrument or 
writing, a like amount per image; 
     (10) for filing two copies of any plat in the office of the 
registrar, $30; 
     (11) for any other service under sections 508A.01 to 
508A.85, the fee the court shall determine; 
     (12) for issuing a duplicate CPT pursuant to the directive 
of the examiner of titles in counties in which the compensation 
of the examiner is paid in the same manner as the compensation 
of other county employees, $50, plus $10 to memorialize; 
     (13) for issuing a duplicate CPT pursuant to the directive 
of the examiner of titles in counties in which the compensation 
of the examiner is not paid by the county or pursuant to an 
order of the court, $10; 
     (14) for filing a condominium plat or an amendment to it in 
accordance with chapter 515, $30; 
     (15) for a copy of a condominium plat filed pursuant to 
chapters 515 and 515A, the fee shall be $1 for each page of the 
plat with a minimum fee of $10; 
    (16) for filing a condominium declaration and condominium 
plat or an amendment to it in accordance with chapter 515A, $10 
for each certificate upon which the document is registered and 
$30 for the filing of the condominium plat or an amendment to 
it; 
    (17) in counties in which the compensation of the examiner 
of titles is paid in the same manner as the compensation of 
other county employees, for each parcel of land contained in the 
application for a CPT, as the number of parcels is determined by 
the examiner, a fee which is reasonable and which reflects the 
actual cost to the county, established by the board of county 
commissioners of the county in which the land is located; 
    (18) for filing a registered land survey in triplicate in 
accordance with section 508A.47, subdivision 4, $30; 
    (19) for furnishing a certified copy of a registered land 
survey in accordance with section 508A.47, subdivision 4, $10. 
    Sec. 101.  Minnesota Statutes 1992, section 548.23, is 
amended to read: 
    548.23 [PLEA OF CONFESSION.] 
    Judgment in the cases mentioned in section 548.22 may also 
be entered in the district court in the manner therein provided, 
and with like effect, upon filing with the court administrator a 
plea of confession signed by an attorney of such court, together 
with an instrument signed by the debtor authorizing such 
confession; but such instrument must be distinct from that 
containing the bond, contract, or other evidence of the demand 
for which judgment is confessed.  Any person filing a plea of 
confession and an instrument under this section shall pay the 
same fee as provided for filing a civil action in district 
court; except that if the amount of the judgment confessed is 
not greater than the jurisdictional limit of the conciliation 
court, the fee shall be in the amount of the filing fee for an 
action in conciliation court.  
    Sec. 102.  Minnesota Statutes 1992, section 548.30, is 
amended to read: 
    548.30 [FEES.] 
    Any person filing a foreign judgment shall pay to the court 
administrator the same fee as provided for filing a civil action 
in district court, except that if the amount of the judgment is 
not greater than the jurisdictional limit of the conciliation 
court, the fee shall be in the amount of the filing fee for an 
action in conciliation court.  Fees for docketing, transcription 
or other enforcement proceedings shall be as provided for 
judgments of any district court of this state. 
    Sec. 103.  Minnesota Statutes 1992, section 549.02, is 
amended to read: 
    549.02 [COSTS IN DISTRICT COURTS.] 
    Subdivision 1.  [DISTRICT COURT.] In actions commenced in 
the district court, costs shall be allowed as follows: 
    To plaintiff:  (1) Upon a judgment in the plaintiff's favor 
of $100 or more in an action for the recovery of money only, 
$100 $200.  (2) In all other actions, including an action by a 
public employee for wrongfully denied or withheld employment 
benefits or rights, except as otherwise specially 
provided, $100 $200. 
    To defendant:  Upon discontinuance or dismissal or when 
judgment is rendered in the defendant's favor on the merits, 
$100 $200. 
    To the prevailing party:  $5.50 for the cost of filing a 
satisfaction of the judgment. 
    This section does not apply to actions removed to district 
court from conciliation court. 
    Subd. 2.  [ON APPEAL.] Upon a judgment on the merits on 
appeal to the court of appeals or supreme court, additional 
costs in the amount of $300 shall be allowed to the prevailing 
party. 
    Sec. 104.  Minnesota Statutes 1992, section 593.48, is 
amended to read: 
    593.48 [COMPENSATION OF JURORS AND TRAVEL REIMBURSEMENT.] 
    A juror shall be reimbursed for round-trip travel between 
the juror's residence and the place of holding court and 
compensated for required attendance at sessions of court and may 
be reimbursed for additional day care expenses incurred as a 
result of jury duty at a rate rates determined by the supreme 
court, and shall be compensated at a rate of $15 for each day of 
required attendance at sessions of the court.  Except in the 
eighth judicial district where the state shall pay directly, the 
compensation and reimbursement shall be paid out of the county 
treasury upon receipt of authorization to pay from the jury 
commissioner.  These jury costs shall be reimbursed monthly by 
the supreme court upon submission of an invoice by the county 
treasurer.  A monthly report of payments to jurors shall be sent 
to the jury commissioner within two weeks of the end of the 
month in the form required by the jury commissioner. 
    Sec. 105.  Minnesota Statutes 1992, section 609.101, 
subdivision 4, is amended to read: 
    Subd. 4.  [MINIMUM FINES; OTHER CRIMES.] Notwithstanding 
any other law: 
    (1) when a court sentences a person convicted of a felony 
that is not listed in subdivision 2 or 3, it must impose a fine 
of not less than 20 percent of the maximum fine authorized by 
law nor more than the maximum fine authorized by law; and 
    (2) when a court sentences a person convicted of a gross 
misdemeanor or misdemeanor that is not listed in subdivision 2, 
it must impose a fine of not less than 20 percent of the maximum 
fine authorized by law nor more than the maximum fine authorized 
by law. 
    The court may not waive payment of the minimum fine or 
authorize payment of it in installments unless the court makes 
written findings on the record that the convicted person is 
indigent or that the fine would create undue hardship for the 
convicted person or that person's immediate family. 
    The minimum fine required by this subdivision is in 
addition to the surcharge or assessment required by subdivision 
1 and is in addition to any term of imprisonment or restitution 
imposed or ordered by the court. 
    Sec. 106.  [609.103] [PAYMENT BY CREDIT CARD.] 
    The court may permit the defendant to pay any fine, 
assessment, surcharge, attorney reimbursement obligation, or 
restitution obligation by credit card.  The discount fees 
assessed by the credit card company shall be borne by the 
county, except in the eighth judicial district where the cost 
shall be borne by the state. 
    Sec. 107.  Laws 1989, chapter 335, article 3, section 44, 
as amended by Laws 1990, chapter 604, article 9, section 13, and 
Laws 1991, chapter 345, article 3, section 27, is amended to 
read: 
    Sec. 44.  [APPLICATION.] 
    Sections 45 to 54, except the parts of section 54, that by 
their terms have broader application, apply only in the eighth 
judicial district for the period from January 1, 1990, to 
December 31, 1993 1999. 
    Those parts of section 54, having broader application, 
apply statewide for the period from July 1, 1989, to December 
31, 1993 1999. 
    Sec. 108.  [EARLY RETIREMENT INCENTIVES.] 
    Subdivision 1.  [EMPLOYER PARTICIPATION.] The early 
retirement incentives provided in this section may be offered to 
eligible employees by any public employer, as defined in 
Minnesota Statutes, section 179A.03, subdivision 15.  The 
incentives must be offered to eligible employees of all state 
agencies if the commissioner of employee relations and the 
commissioner of finance certify that layoffs in any of the 
agencies would occur without the incentives.  
    The incentives in this section do not apply to a teacher, 
as defined in Minnesota Statutes, section 354.05, subdivision 2, 
or 354A.011, subdivision 27, employed by a local school board.  
    Subd. 2.  [ELIGIBILITY.] A person employed by a public 
employer offering the incentive is eligible to receive the 
incentive if the person: 
    (1) has at least 25 years of combined service credit in any 
Minnesota public pension plans governed by Minnesota Statutes, 
section 356.30, subdivision 3, or for purposes of the incentive 
in subdivision 3, paragraph (b) only, is at least 65 years old 
and has at least one year of combined service credit in these 
pension plans; 
    (2) upon retirement is immediately eligible for a 
retirement annuity from a defined benefit plan, if the person is 
a member of a defined benefit plan; 
    (3) is at least 55 years of age; and 
    (4) retires on or after May 17, 1993, and before January 
31, 1994.  
    Subd. 3.  [INCENTIVE.] (a) A person may not choose both the 
incentive in paragraph (b) and the incentive in paragraph (c).  
An employer that is required to or chooses to offer the 
incentive must offer each employee eligible for both incentives 
a choice between the incentive in paragraph (b) or the incentive 
in paragraph (c), except that employers whose employees are 
covered under Minnesota Statutes, sections 353.29 and 353.30, 
need not offer both incentives. 
    (b) For a person covered by a retirement plan established 
in Minnesota Statutes, section 352.115, 352.116, 353.29 or 
353.30, or chapter 354 or 422A, who selects the incentive under 
this paragraph, the multiplier percentage used to calculate the 
retirement annuity must be increased for each year of service 
credit up to 30 years.  The amount of the increase is:  (i) .25 
for each year of service credit calculated under Minnesota 
Statutes, section 352.115, 352.116, 353.29, or 353.30, or 
chapter 422A; and (ii) .10 for each year of service credit 
calculated under Minnesota Statutes, chapter 354 or 354A.  If a 
person has more than 30 years of service credit, the increased 
multiplier applies only to the first 30 years.  
    (c) For a person who selects the incentive under this 
paragraph, the employer must pay for hospital, medical, and 
dental insurance, under conditions and limitations specified in 
this section.  A person is eligible for this employer-paid 
insurance only if the person: 
    (1) is eligible for employer-paid insurance under a 
collective bargaining agreement or personnel plan in effect on 
the day before the effective date of this section; 
    (2) has at least as many months of service with the current 
employer as the number of months younger than age 65 the person 
is at the time of retirement; and 
    (3) is less than age 65. 
    (d) An employer that offers incentives under this section 
may not exclude eligible employees. 
    Subd. 4.  [LIMITS ON REHIRING.] During the biennium ending 
June 30, 1995: 
    (1) an executive branch state agency may not hire a 
replacement for a person who retires under this subdivision 
except for (i) correctional guards and persons who provide 
direct patient care in state institutions; (ii) other positions 
listed in a position-specific written directive issued by the 
governor, or by the employing constitutional officer for 
positions in a constitutional office; or (iii) in the case of 
the state universities and community colleges, after review by 
the presidents, the governing boards decide on a case-by-case 
basis which positions must be replaced to provide for continuity 
of service on the campuses; and 
    (2) another public employer may not hire a replacement for 
a person who retires under this subdivision, except under 
position-specific action of the governing body. 
    Subd. 5.  [CONDITIONS.] For purposes of this section, a 
person retires when the person terminates active employment and 
applies for retirement benefits.  An employee who retires under 
this section using the rule of 90 must not be included in the 
calculations required by Minnesota Statutes, section 356.85. 
    Subd. 6.  [CONDITIONS; INSURANCE COVERAGE.] A retired 
employee is eligible for single and dependent insurance 
coverages and employer payments to which the person was entitled 
immediately before retirement, subject to any changes in 
coverage and employer and employee payments through collective 
bargaining or personnel plans, for employees in positions 
equivalent to the position from which the employee retired.  The 
retired employee is not eligible for employer-paid life 
insurance.  Eligibility ceases when the retired employee attains 
the age of 65, or when the person chooses not to receive the 
retirement benefits for which the person has applied, or when 
the person is eligible for employer-paid health insurance from a 
new employer.  Coverages must be coordinated with relevant 
health insurance benefits provided through the federally 
sponsored Medicare program.  
    Subd. 7.  [APPLICATION OF OTHER LAWS.] Unilateral 
implementation of this section by a public employer is not an 
unfair labor practice for purposes of Minnesota Statutes, 
chapter 179A.  The requirement in this section for an employer 
to pay health insurance costs for certain retired employees is 
not subject to the limits in Minnesota Statutes, section 
179A.20, subdivision 2a.  
    Sec. 109.  [TRANSFER.] 
    The responsibilities of the commissioner of administration 
for the office of dispute resolution are transferred under 
Minnesota Statutes, section 15.039, to the commissioner of 
mediation services.  
    Sec. 110.  [REPEALER.] 
    (a) Minnesota Statutes 1992, section 309.502, is repealed.  
    (b) Minnesota Statutes 1992, sections 16A.095, subdivision 
3; 16A.123; 16A.128; 16A.1281; 16A.35; 16A.45, subdivisions 2 
and 3; 16A.80; and 290A.24, are repealed. 
    (c) Minnesota Statutes 1992, section 13.072, is repealed 
effective August 1, 1995. 
    Sec. 111.  [REVISOR INSTRUCTION.] 
    In the next edition of Minnesota Statutes, the revisor of 
statutes shall renumber sections 16A.15, subdivision 1, as 
16A.152, subdivision 4; 16A.15, subdivision 5, as 16A.152, 
subdivision 6; 16A.15, subdivision 6, as 16A.152, subdivision 1; 
16A.15, subdivision 7, as 16A.152, subdivision 7; 16A.1541 as 
16A.152, subdivision 2.  The revisor shall also conform 
cross-references to the renumbered provisions. 
    Sec. 112.  [EFFECTIVE DATE.] 
    (a) Section 34 is effective the day after final enactment 
and requires an audit for fiscal year 1993. 
    (b) Section 42 is effective the day following final 
enactment.  Section 42 does not apply if prohibited by contract, 
but the appointing authority must amend the contract as soon as 
possible to comply with section 42. 
    (c) Section 76 is effective retroactively to January 1, 
1993.  
    (d) Sections 86, 87, 88, 89, 90, 108, and 110, paragraph 
(a), are effective on the day following final enactment.  
    (e) Section 65 is effective June 30, 1995, and applies to 
appropriations to the legislature, the senate, the house of 
representatives, or a legislative commission or committee that 
are unexpended and unencumbered on June 30, 1995. 
    Presented to the governor May 11, 1993 
    Signed by the governor May 14, 1993, 1:30 p.m.