Office of the Revisor of Statutes
Minnesota Session Laws - 1996, Regular Session
Key: (1) language to be deleted (2) new language
KEY: stricken = old language to be removed
underscored = new language to be added
CHAPTER 390-S.F.No. 2857
An act relating to the organization and operation of
state government; appropriating money for the general
administrative expenses of state government; amending
Minnesota Statutes 1994, sections 8.15, by adding a
subdivision; 16A.11, subdivision 1, and by adding a
subdivision; 16D.02, subdivision 2; 16D.03,
subdivisions 2 and 3; 16D.04, subdivision 2; 16D.09;
69.021, subdivision 4, and by adding subdivisions;
69.031, subdivisions 1 and 5; 144C.03, subdivision 2;
192.501, as amended; 363.071, subdivision 7; and
423A.02, by adding a subdivision; Minnesota Statutes
1995 Supplement, sections 16D.02, subdivision 8;
16D.04, subdivision 1; 16D.06, subdivision 2; 16D.08,
subdivision 2; 16D.11, subdivisions 1 and 7; 16D.12;
and 240A.08; Laws 1995, chapter 254, article 1,
section 11, subdivision 8; proposing coding for new
law in Minnesota Statutes, chapters 10; and 14;
repealing Minnesota Statutes 1995 Supplement, section
353.65, subdivision 7.
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 "1996" and "1997," where used in this act, mean that the
appropriation or appropriations listed under them are available
for the year ending June 30, 1996, or June 30, 1997,
respectively.
SUMMARY BY FUND
1996 1997 TOTAL
General $4,457,000 $5,049,000 $9,506,000
APPROPRIATIONS
Available for the Year
Ending June 30
1996 1997
Sec. 2. ATTORNEY GENERAL
An amount sufficient to reimburse the
general fund for legal costs
attributable to general fund
expenditures is appropriated for the
fiscal year ending June 30, 1997, from
all direct appropriated nongeneral
funds.
The budget request of the attorney
general for the 1998-1999 biennium must
include a consolidated listing that
shows on one page all the
appropriations that will be used to
support the attorney general's office
and the finance divisions from which
they will be requested.
Sec. 3. OFFICE OF STRATEGIC
AND LONG-RANGE PLANNING 50,000 -0-
The environmental quality board shall
assess: (1) the compatibility of metal
materials shredding projects with other
industrial uses, tourism, and other
nonindustrial uses of the Mississippi
river critical area, which has been
designated an area of critical concern
by section 116G.15; and (2) the
environmental and public health effects
of burning coal within or near
residential areas of large urban
centers. The board shall report its
findings, and any recommendations
developed pursuant to these
assessments, to the legislature by
January 1, 1997.* (The preceding
section was vetoed by the governor.)
Sec. 4. ADMINISTRATION -0- 1,250,000
$1,000,000 is for impact analysis and
staff for state information system
modifications relating to year 2000
date change requirements.
$134,000 of contributed capital is
transferred from the electronic
equipment rental fund to the
micrographics/records center fund in
fiscal year 1996.
$100,000 is for the Government
Information Access Council.
$150,000 is for grants for public
information television transmission of
legislative activities. This amount is
in addition to the appropriation in
Laws 1995, chapter 254, article 1,
section 11, subdivision 8.
Sec. 5. CAPITOL AREA
ARCHITECTURAL AND PLANNING BOARD 10,000 420,000
$250,000 in fiscal year 1997 is for
design and construction of the
Minnesota Women's Suffrage Memorial
Garden on the capitol grounds. The
last $50,000 of this appropriation is
available only upon demonstration of a
$50,000 match in nonstate funds.
$10,000 in fiscal year 1996 is for
treatment of the surface of the Roy
Wilkins memorial that must be performed
immediately to prevent deterioration of
the surface. Any amount of this
appropriation not spent in fiscal year
1996 may be carried forward and spent
in fiscal year 1997.
$170,000 in fiscal year 1997 is for
revision of the board's comprehensive
plan and zoning ordinance.
Sec. 6. FINANCE 4,397,000 2,103,000
This is a one-time appropriation for
critical statewide operating systems
and is added to the appropriation in
Laws 1995, chapter 254, article 1,
section 14, subdivision 6. The
commissioner of finance may transfer
portions of this appropriation to the
commissioner of administration and the
commissioner of employee relations.
By January 15, 1997, the sponsoring
agencies of the statewide systems
project shall report to the
legislature. The report must include
an accounting of money spent for
statewide operating systems, and
projections for future spending. The
report also must include strategies for
potential savings opportunities in
operation of the statewide systems.
The agencies must consider alternatives
to mainframe operations. The report
must describe efforts to: improve
operator proficiency, modify software
to achieve efficiencies, and educate
users concerning efficient use of the
systems.
The report must also include
recommendations for management of user
consumption of Intertech resources for
the statewide systems, including the
desirability of charge backs and fees
for services.
Sec. 7. REVENUE -0- 976,000
This appropriation is to increase the
department's audit presence in greater
Minnesota and to make changes to the
withholding system.
It is anticipated that these changes
will result in additional general fund
revenues of $1,950,000 in fiscal year
1997.
Sec. 8. HUMAN RIGHTS -0- 300,000
(a) This appropriation is for an
alternative dispute resolution program
and to reduce the backlog of open cases
under investigation by the department.
(b) $200,000 is available July 1, 1996.
The commissioner of human rights shall,
by May 15, 1996, submit to the chairs
of the senate finance committee and the
house of representatives ways and means
committee a plan to investigate and
process charges in accordance with the
priorities required by Minnesota
Statutes, section 363.06, subdivision
4, and to identify and dismiss within
six months of filing cases that should
be dismissed as not warranting the use
of department resources. The plan will
be implemented as provided below and
its effectiveness will be tested by its
application to cases filed after July
1, 1996, as provided in paragraphs (d)
and (e).
(c) The commissioner of human rights,
in consultation with representatives of
groups of people affected by the Human
Rights Act, shall submit to the
legislature by January 1, 1997 a plan
to eliminate the case backlog in the
department and a plan to process cases
in the future in a manner that complies
with statutory time deadlines.
(d) $100,000 is available January 1,
1997, so long as the department has
screened all cases pending within the
department in accordance with the plan
submitted, has dismissed, within six
months of the date of filing, at least
75 percent of cases filed after July 1,
1996 that were identified as not
warranting the use of department
resources by that screening, and has
reduced the average time for closing a
case to 13 months.
(e) If by February 1, 1997 the
commissioner has not screened every
charge filed on or after July 1, 1996,
and, within six months after it was
filed, either dismissed it or
classified it as a case that warrants
investigation to determine probable
cause or not probable cause, the
legislature intends not to include the
amount appropriated in this section in
the department's appropriation for the
1998-1999 biennium.
(f) Until June 30, 1997, the
commissioner of human rights shall
administer an alternative dispute
resolution program to resolve disputes
arising under the human rights act,
with a process to follow up with
parties willing to use alternative
dispute resolution, develop and
maintain a panel of mediators and
advisors and assign them to cases,
track progress of alternative dispute
resolution cases, and conduct
evaluations of the program.
Sec. 9. Minnesota Statutes 1994, section 8.15, is amended
by adding a subdivision to read:
Subd. 5. [REIMBURSEMENTS.] State agencies receiving legal
services from the attorney general for nongeneral funded
activities shall reimburse the full cost of those services to
the general fund based on periodic billings prepared by the
attorney general. Payment must be made to the attorney general
for deposit to the general fund as a nondedicated receipt. The
attorney general, in consultation with the commissioner of
finance, shall develop reimbursement policies and procedures
related to legal services.
Sec. 10. [10.55] [JUNETEENTH.]
June 19 is designated Juneteenth in recognition of the
historical pronouncement of the abolition of slavery on June 19,
1865, when the Emancipation Proclamation was said to have been
first publicly read in Texas. The governor may take any action
necessary to promote and encourage the observance of Juneteenth
and public schools may offer instruction and programs on the
occasion.
Sec. 11. [14.045] [AGENCIES; LIMITS ON PENALTIES.]
Subdivision 1. [LIMIT ON PENALTIES.] An agency may not,
under authority of rule, levy a total fine or penalty of more
than $700 for a single violation unless the agency has specific
statutory authority to levy a fine in excess of that amount.
Subd. 2. [CRIMINAL PENALTY.] An agency may not, by rule,
establish a criminal penalty unless the agency has specific
statutory authority to do so.
Subd. 3. [FACTORS.] (a) If a statute or rule gives an
agency discretion over the amount of a fine, the agency must
take the following factors into account in determining the
amount of the fine:
(1) the willfulness of the violation;
(2) the gravity of the violation, including damage to
humans, animals, and the natural resources of the state;
(3) the history of past violations;
(4) the number of violations;
(5) the economic benefit gained by the person by allowing
or committing the violation; and
(6) other factors that justice may require.
(b) For a violation after an initial violation, the
following factors must be considered in addition to the factors
in paragraph (a):
(1) similarity of previous violations to the current
violation to be penalized;
(2) time elapsed since the last violation;
(3) number of previous violations; and
(4) response of the person to the most recent previous
violation identified.
Subd. 4. [EFFECT ON OTHER LAW.] This section does not
affect the right of an agency to deny a permit, revoke a
license, or take similar action, other than the imposition of a
fine, even if the cost of the denial, revocation, or other
action to the affected party exceeds $700.
Subd. 5. [EFFECTIVE DATE.] Subdivisions 1, 2, and 4 apply
only to fines and penalties imposed under rules for which notice
of intent to adopt rules is published after the effective date
of this section.
Sec. 12. Minnesota Statutes 1994, section 16A.11,
subdivision 1, is amended to read:
Subdivision 1. [WHEN.] The governor shall submit a
three-part four-part budget to the legislature. Parts one and
two, the budget message and detailed operating budget, must be
submitted by the fourth Tuesday in January in each odd-numbered
year. Part three, the detailed recommendations as to capital
expenditure, must be submitted 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. Part four, the detailed
recommendations as to information technology expenditure, must
be submitted at the same time the governor submits the budget
message to the legislature.
Sec. 13. Minnesota Statutes 1994, section 16A.11, is
amended by adding a subdivision to read:
Subd. 3c. [PART FOUR; DETAILED INFORMATION TECHNOLOGY
BUDGET.] The detailed information technology budget must include
recommendations for information technology projects to be funded
during the next biennium and planning estimates for an
additional two biennia. It must be submitted with projects
ranked in order of importance among all projects as determined
by the governor.
Sec. 14. Minnesota Statutes 1994, section 16D.02,
subdivision 2, is amended to read:
Subd. 2. [COMMISSIONER.] "Commissioner" means the
commissioner of finance revenue.
Sec. 15. Minnesota Statutes 1995 Supplement, section
16D.02, subdivision 8, is amended to read:
Subd. 8. [ENTERPRISE.] "Enterprise" means the Minnesota
collection enterprise, a separate unit established by the
commissioner to carry out the provisions of this chapter,
pursuant to the commissioner's authority to contract with the
commissioner of revenue for collection services under section
16D.04, subdivision 1.
Sec. 16. Minnesota Statutes 1994, section 16D.03,
subdivision 2, is amended to read:
Subd. 2. [STATE AGENCY REPORTS.] State agencies shall
report quarterly to the commissioner of finance the debts owed
to them. The commissioner of finance, in consultation with the
commissioners of revenue and human services, and the attorney
general, shall establish internal guidelines for the
recognition, tracking, reporting, and collection of debts owed
the state. The internal guidelines must include accounting
standards, performance measurements, and uniform reporting
requirements applicable to all state agencies. The commissioner
of finance shall require a state agency to recognize, track,
report, and attempt to collect debts according to the internal
guidelines.
Sec. 17. Minnesota Statutes 1994, section 16D.03,
subdivision 3, is amended to read:
Subd. 3. [REPORT OF THE COMMISSIONER.] By January 15 of
each year, the commissioner of finance shall report on the
management of debts owed the state, including performance
measurements and progress of the debt collection efforts
undertaken by state agencies and the commissioner. The report
must be made to the governor and the chairs of the committee on
finance of the senate and the committee on ways and means of the
house of representatives.
Sec. 18. Minnesota Statutes 1995 Supplement, section
16D.04, subdivision 1, is amended to read:
Subdivision 1. [DUTIES.] The commissioner shall provide
services to the state and its agencies to collect debts owed the
state. The commissioner is not a collection agency as defined
by section 332.31, subdivision 3, and is not licensed, bonded,
or regulated by the commissioner of commerce under sections
332.31 to 332.35 or 332.38 to 332.45. The commissioner is
subject to section 332.37, except clause (9) or (10). The
commissioner may contract with the commissioner of revenue for
collection services, and may delegate to the commissioner of
revenue any of the commissioner's duties and powers under this
chapter. Debts referred to the commissioner of revenue for
collection under this section or section 256.9792 may in turn be
referred by the commissioner of revenue to the enterprise. An
audited financial statement may not be required as a condition
of debt placement with a private agency if the private agency:
(1) has errors and omissions coverage under a professional
liability policy in an amount of at least $1,000,000; or (2) has
a fidelity bond to cover actions of its employees, in an amount
of at least $100,000. In cases of debts referred under section
256.9792, the provisions of this chapter and section 256.9792
apply to the extent they are not in conflict. If they are in
conflict, the provisions of section 256.9792 control. For
purposes of this chapter, the referring agency for such debts
remains the department of human services.
Sec. 19. Minnesota Statutes 1994, section 16D.04,
subdivision 2, is amended to read:
Subd. 2. [AGENCY PARTICIPATION.] A state agency may, at
its option, refer debts to the commissioner for collection. The
ultimate responsibility for the debt, including the reporting of
the debt to the commissioner of finance and the decision with
regard to the continuing collection and uncollectibility of the
debt, remains with the referring state agency.
Sec. 20. Minnesota Statutes 1995 Supplement, section
16D.06, subdivision 2, is amended to read:
Subd. 2. [DISCLOSURE OF DATA.] Data received, collected,
created, or maintained by the commissioner or the attorney
general to collect debts are classified as private data on
individuals under section 13.02, subdivision 12, or nonpublic
data under section 13.02, subdivision 9. The commissioner or
the attorney general may disclose not public data:
(1) under section 13.05;
(2) under court order;
(3) under a statute specifically authorizing access to the
not public data;
(4) to provide notices required or permitted by statute;
(5) to an agent of the commissioner or the attorney
general, including a law enforcement person, attorney, or
investigator acting for the commissioner or the attorney general
in the investigation or prosecution of a criminal or civil
proceeding relating to collection of a debt;
(6) to report names of debtors, amount of debt, date of
debt, and the agency to whom debt is owed to credit bureaus and
private collection agencies under contract with the
commissioner;
(7) when necessary to locate the debtor, locate the assets
of the debtor, or to enforce or implement the collection of a
debt; and
(8) to the commissioner of revenue for tax administration
purposes.
The commissioner and the attorney general may not disclose
data that is not public to a private collection agency or other
entity with whom the commissioner has contracted under section
16D.04, subdivision 4, unless disclosure is otherwise authorized
by law.
Sec. 21. Minnesota Statutes 1995 Supplement, section
16D.08, subdivision 2, is amended to read:
Subd. 2. [POWERS.] In addition to the collection remedies
available to private collection agencies in this state, the
commissioner, with legal assistance from the attorney general,
may utilize any statutory authority granted to a referring
agency for purposes of collecting debt owed to that referring
agency. The commissioner may also use delegate to the
enterprise the tax collection remedies of the commissioner of
revenue in sections 270.06, clauses (7) and (17), excluding the
power to subpoena witnesses; 270.66; 270.69, excluding
subdivisions 7 and 13; 270.70, excluding subdivision 14;
270.7001 to 270.72; and 290.92, subdivision 23, except that a
continuous wage levy under section 290.92, subdivision 23, is
only effective for 70 days, unless no competing wage
garnishments, executions, or levies are served within the 70-day
period, in which case a wage levy is continuous until a
competing garnishment, execution, or levy is served in the
second or a succeeding 70-day period, in which case a continuous
wage levy is effective for the remainder of that period. A
debtor who qualifies for cancellation of the collection penalty
under section 16D.11, subdivision 3, clause (1), can apply to
the commissioner for reduction or release of a continuous wage
levy, if the debtor establishes that the debtor needs all or a
portion of the wages being levied upon to pay for essential
living expenses, such as food, clothing, shelter, medical care,
or expenses necessary for maintaining employment. The
commissioner's determination not to reduce or release a
continuous wage levy is appealable to district court. The word
"tax" or "taxes" when used in the tax collection statutes listed
in this subdivision also means debts referred under this
chapter. For debts other than state taxes or child support,
before any of the tax collection remedies listed in this
subdivision can be used, except for the remedies in section
270.06, clauses (7) and (17), if the referring agency has not
already obtained a judgment or filed a lien, the commissioner
must first obtain a judgment against the debtor.
Sec. 22. Minnesota Statutes 1994, section 16D.09, is
amended to read:
16D.09 [UNCOLLECTIBLE DEBTS.]
When a debt is determined by a state agency to be
uncollectible, the debt may be written off by the state agency
from the state agency's financial accounting records and no
longer recognized as an account receivable for financial
reporting purposes. A debt is considered to be uncollectible
when (1) all reasonable collection efforts have been exhausted,
(2) the cost of further collection action will exceed the amount
recoverable, (3) the debt is legally without merit or cannot be
substantiated by evidence, (4) the debtor cannot be located, (5)
the available assets or income, current or anticipated, that may
be available for payment of the debt are insufficient, (6) the
debt has been discharged in bankruptcy, (7) the applicable
statute of limitations for collection of the debt has expired,
or (8) it is not in the public interest to pursue collection of
the debt. The determination of the uncollectibility of a debt
must be reported by the state agency along with the basis for
that decision as part of its quarterly reports to the
commissioner of finance. Determining that the debt is
uncollectible does not cancel the legal obligation of the debtor
to pay the debt.
Sec. 23. Minnesota Statutes 1995 Supplement, section
16D.11, subdivision 1, is amended to read:
Subdivision 1. [IMPOSITION.] As determined by the
commissioner of finance, a penalty shall be added to the debts
referred to the commissioner or private collection agency for
collection. The penalty is collectible by the commissioner or
private agency from the debtor at the same time and in the same
manner as the referred debt. The referring agency shall advise
the debtor of the penalty under this section and the debtor's
right to cancellation of the penalty under subdivision 3 at the
time the agency sends notice to the debtor under section
16D.07. If the commissioner or private agency collects an
amount less than the total due, the payment is applied
proportionally to the penalty and the underlying debt.
Penalties collected by the commissioner under this subdivision
or retained under subdivision 6 shall be deposited in the
general fund as nondedicated receipts. Penalties collected by
private agencies are appropriated to the referring agency to pay
the collection fees charged by the private agency. Penalty
collections in excess of collection agency fees must be
deposited in the general fund as nondedicated receipts.
Sec. 24. Minnesota Statutes 1995 Supplement, section
16D.11, subdivision 7, is amended to read:
Subd. 7. [ADJUSTMENT OF RATE.] By June 1 of each year, the
commissioner of finance shall determine the rate of the penalty
for debts referred to the enterprise during the next fiscal year.
The rate is a percentage of the debts in an amount that most
nearly equals the costs of the enterprise necessary to process
and collect referred debts under this chapter. In no event
shall the rate of the penalty when a debt is first referred
exceed three-fifths of the maximum penalty, and in no event
shall the rate of the maximum penalty exceed 25 percent of the
debt. Determination of the rate of the penalty under this
section is not rulemaking under chapter 14, and is not subject
to the fee setting requirements of section 16A.1285.
Sec. 25. Minnesota Statutes 1995 Supplement, section
16D.12, is amended to read:
16D.12 [PAYMENT OF COLLECTION AGENCY FEES.]
Unless otherwise expressly prohibited by law, a state
agency may pay for the services of a state the commissioner or a
private collection agency from the money collected. The portion
of the money collected which must be paid to the commissioner or
the collection agency as its collection fee is appropriated from
the fund to which the collected money is due.
Sec. 26. Minnesota Statutes 1994, section 69.021,
subdivision 4, is amended to read:
Subd. 4. [DETERMINATION OF QUALIFIED STATE AID RECIPIENTS;
CERTIFICATION TO COMMISSIONER OF REVENUE.] The commissioner
shall determine which municipalities and independent nonprofit
firefighting corporations are qualified to receive fire state
aid and which municipalities and counties are qualified to
receive state peace officer aid. The commissioner shall
determine qualification upon receipt of (1) the fire department
personnel and equipment certification or the police department
and qualified peace officers certificate, whichever is
applicable, required under section 69.011, (2) the financial
compliance report required under section 6.495, and (3) any
other relevant information which comes to the attention of the
commissioner. Upon completion of the determination, on or
before September October 1, the commissioner shall calculate
under subdivision 6 the amount of (a) state peace officer aid
which each county or municipality is to receive and (b) fire
state aid which each municipality or nonprofit firefighting
corporation is to receive. The commissioner shall certify to
the commissioner of finance the name of each county or
municipality, and the amount of state aid which each county or
municipality is to receive, in the case of state peace officer
aid; and the name of each municipality or independent nonprofit
firefighting corporation and the amount of state aid which each
municipality or independent nonprofit firefighting corporation
is to receive, in the case of fire state aid.
Sec. 27. Minnesota Statutes 1994, section 69.021, is
amended by adding a subdivision to read:
Subd. 10. [REDUCTION.] The commissioner of revenue shall
reduce the apportionment of police state aid under subdivisions
5, paragraph (b), 6, and 7, for eligible employer units by any
amount in excess of the employer's total prior calendar year
obligation under section 353.65, as certified by the executive
director of the public employees retirement association. The
total shall be deposited in a separate excess police state-aid
account in the general fund, administered and distributed as
provided in subdivision 11.
Sec. 28. Minnesota Statutes 1994, section 69.021, is
amended by adding a subdivision to read:
Subd. 11. [EXCESS POLICE STATE-AID HOLDING ACCOUNT.] (a)
An excess police state-aid holding account is established in the
general fund.
(b) Excess police state aid determined according to section
69.021, subdivision 10, must be deposited in the excess police
state-aid holding account.
(c) From the balance in the excess police state-aid holding
account, $1,000,000 must be transferred annually to the
ambulance service personnel longevity award and incentive
suspense account established by section 144C.03, subdivision 2.
(d) If a police officer stress reduction program is created
by law and money is appropriated for that program, an amount
equal to that appropriation must be transferred from the balance
in the excess police state-aid holding account.
(e) On October 1, 1997, and annually on each October 1,
one-half of the balance of the excess police state-aid holding
account remaining after deductions under paragraphs (c) and (d)
is appropriated for additional amortization aid under section
423A.02, subdivision 1b.
(f) The remaining balance in the excess police state-aid
holding account, after the deductions under paragraphs (c), (d),
and (e), cancels to the general fund.
Sec. 29. Minnesota Statutes 1994, section 69.031,
subdivision 1, is amended to read:
Subdivision 1. [COMMISSIONER OF FINANCE'S WARRANT.] The
commissioner of finance shall issue to the county, municipality,
or independent nonprofit firefighting corporation certified to
the commissioner of finance by the commissioner a warrant for an
amount equal to the amount certified to by the commissioner
pursuant to section 69.021. The amount due and not paid
by September October 1 accrues interest at the rate of one
percent for each month or part of a month the amount remains
unpaid, beginning the preceding July 1.
Sec. 30. Minnesota Statutes 1994, section 69.031,
subdivision 5, is amended to read:
Subd. 5. [DEPOSIT OF STATE AID.] (1) The municipal
treasurer, on receiving the fire state aid, shall within 30 days
after receipt transmit it to the treasurer of the duly
incorporated firefighters' relief association if there is one
organized and the association has filed a financial report with
the municipality; but if there is no relief association
organized, or if any association dissolve, be removed, or has
heretofore dissolved, or has been removed as trustees of state
aid, then the treasurer of the municipality shall keep the money
in the municipal treasury as provided for in section 424A.08 and
shall be disbursed only for the purposes and in the manner set
forth in that section.
(2) The municipal treasurer, upon receipt of the police
state aid, shall disburse the police state aid in the following
manner:
(a) For a municipality in which a local police relief
association exists and all peace officers are members of the
association, the total state aid shall be transmitted to the
treasurer of the relief association within 30 days of the date
of receipt, and the treasurer of the relief association shall
immediately deposit the total state aid in the special fund of
the relief association;
(b) For a municipality in which police retirement coverage
is provided by the public employees police and fire fund and all
peace officers are members of the fund, the total state aid
shall be applied toward the municipality's employer contribution
to the public employees police and fire fund pursuant to section
353.65, subdivision 3, and any state aid in excess of the amount
required to meet the employer's contribution pursuant to section
353.65, subdivision 3, shall be deposited in the excess
contributions holding account of the public employees retirement
association; or
(c) For a municipality other than a city of the first class
with a population of more than 300,000 in which both a police
relief association exists and police retirement coverage is
provided in part by the public employees police and fire fund,
the municipality may elect at its option to transmit the total
state aid to the treasurer of the relief association as provided
in clause (a), to use the total state aid to apply toward the
municipality's employer contribution to the public employees
police and fire fund subject to all the provisions set forth in
clause (b), or to allot the total state aid proportionately to
be transmitted to the police relief association as provided in
this subdivision and to apply toward the municipality's employer
contribution to the public employees police and fire fund
subject to the provisions of clause (b) on the basis of the
respective number of active full-time peace officers, as defined
in section 69.011, subdivision 1, clause (g).
For a city of the first class with a population of more
than 300,000, in addition, the city may elect to allot the
appropriate portion of the total police state aid to apply
toward the employer contribution of the city to the public
employees police and fire fund based on the covered salary of
police officers covered by the fund each payroll period and to
transmit the balance to the police relief association.
(3) The county treasurer, upon receipt of the police state
aid for the county, shall apply the total state aid toward the
county's employer contribution to the public employees police
and fire fund pursuant to section 353.65, subdivision 3, and any
state aid in excess of the amount required to meet the
employer's contribution pursuant to section 353.65, subdivision
3, shall be deposited in the excess contributions holding
account of the public employees retirement association.
(4) The designated metropolitan airports commission
official, upon receipt of the police state aid for the
metropolitan airports commission, shall apply the total police
state aid toward the commission's employer contribution to the
Minneapolis employees retirement fund under section 422A.101,
subdivision 2a.
Sec. 31. Minnesota Statutes 1994, section 144C.03,
subdivision 2, is amended to read:
Subd. 2. [TRUST ACCOUNT.] (a) There is established in the
general fund an ambulance service personnel longevity award and
incentive trust account and an ambulance service personnel
longevity award and incentive suspense account.
(b) The trust account must be credited with:
(1) general fund appropriations for that purpose;
(2) transfers from the ambulance service personnel
longevity award and incentive suspense account; and
(3) investment earnings on those accumulated proceeds. The
assets and income of the trust account must be held and managed
by the commissioner of finance and the state board of investment
for the benefit of the state of Minnesota and its general
creditors.
(c) The suspense account must be credited with transfers
from the excess contributions police state-aid holding account
established in section 353.65, subdivision 7 69.021, subdivision
11, any per-year-of-service allocation under section 144C.07,
subdivision 2, paragraph (c), that was not made for an
individual, and investment earnings on those accumulated
proceeds. The suspense account must be managed by the
commissioner of finance and the state board of investment. From
the suspense account to the trust account there must be
transferred to the ambulance service personnel longevity award
and incentive trust account, as the suspense account balance
permits, the following amounts:
(1) an amount equal to any general fund appropriation to
the ambulance service personnel longevity award and incentive
trust account for that fiscal year; and
(2) an amount equal to the percentage of the remaining
balance in the account after the deduction of the amount under
clause (1), as specified for the applicable fiscal year:
Fiscal year Percentage
1995 20
1996 40
1997 50
1998 60
1999 70
2000 80
2001 90
2002 and thereafter 100
Sec. 32. Minnesota Statutes 1994, section 192.501, as
amended by Laws 1995, chapter 186, section 48, is amended to
read:
192.501 [FINANCIAL INCENTIVES FOR NATIONAL GUARD MEMBERS.]
Subdivision 1. [REENLISTMENT BONUS.] (a) The adjutant
general shall establish a program providing a reenlistment bonus
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 paid $250 per year for reenlisting in the Minnesota
national guard.
(b) A member must reenlist in the Minnesota national guard
for a minimum of three years.
(c) A member is eligible for subsequent reenlistment
bonuses to the extent that total years of bonus eligibility are
limited to 12 years.
(d) Bonus payments shall be paid in the month prior to the
anniversary of a member's current reenlistment.
(e) A member electing to receive tuition assistance under
subdivision 2, shall forfeit the reenlistment bonus for the
years that the tuition assistance is provided.
Subd. 1a. [ENLISTMENT BONUS PROGRAM.] (a) The adjutant
general may establish within the limitations of this subdivision
a program to provide enlistment bonuses to eligible prospects
who become members of the Minnesota national guard.
(b) Eligibility for the bonus is limited to a candidate who:
(1) has expertise, qualifications, or potential for
military service deemed by the adjutant general as sufficiently
important to the readiness of the national guard or a unit of
the national guard to warrant the payment of a bonus in an
amount to generally encourage the candidate's enlistment in the
national guard;
(2) joins the national guard as an enlisted member, as
defined in section 190.05, subdivision 6; and
(3) serves satisfactorily during the period of, and
completes, the person's initial entry training, if applicable.
The adjutant general may, within the limitations of this
paragraph and other applicable laws, determine additional
eligibility criteria for the bonus, and must specify all of the
criteria in regulations and publish changes as necessary.
(c) The enlistment bonus payments must be made on a
schedule that is determined and published in department
regulations by the adjutant general.
(d) If a member fails to complete a term of enlistment for
which a bonus was paid, the adjutant general may seek to recoup
a prorated amount of the bonus as determined by the adjutant
general.
Subd. 1b. [REENLISTMENT BONUS PROGRAM.] (a) The adjutant
general may establish a program to provide a reenlistment bonus
to eligible members of the Minnesota national guard who extend
their enlistment in the national guard within the limitations of
this subdivision.
(b) Eligibility for the bonus is limited to an enlisted
member of the national guard, as defined in section 190.05,
subdivision 6, who:
(1) is serving satisfactorily as determined by the adjutant
general;
(2) has 12 or fewer years of service creditable for
retirement; and
(3) has military training and expertise deemed by the
adjutant general as sufficiently important to the readiness of
the national guard or a unit of the national guard to warrant
the payment of a bonus in an amount to generally encourage the
member's reenlistment in the national guard.
The adjutant general may, within the limitations of this
paragraph and other applicable laws, determine additional
eligibility criteria for the bonus, and must specify all of the
criteria in regulations and publish changes as necessary.
(c) The reenlistment bonus payments must be made on a
schedule that is determined and published in department
regulations by the adjutant general.
(d) If a member fails to complete a term of reenlistment
for which a bonus was paid, the adjutant general may seek to
recoup a prorated amount of the bonus as determined by the
adjutant general.
Subd. 2. [TUITION AND TEXTBOOK REIMBURSEMENT GRANT
PROGRAM.] (a) The adjutant general shall establish a
program providing to provide tuition and textbook reimbursement
for grants to eligible 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 within the limitations of this subdivision.
(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 Eligibility is
limited to a member of the national guard who:
(1) is serving satisfactorily as defined by the adjutant
general;
(2) is attending a post-secondary educational institution,
as defined by section 136A.15, subdivision 6, including a
vocational or technical school operated or regulated by this
state or another state or province; and
(3) provides proof of satisfactory completion of
coursework, as defined by the adjutant general.
In addition, if a member of the Minnesota national guard is
killed in the line of state active service or federally funded
state active service, as defined in section 190.05, subdivisions
5a and 5b, the member's surviving spouse, and any surviving
dependent who has not yet reached 24 years of age, shall be
eligible for a tuition and textbook reimbursement grant.
The adjutant general may, within the limitations of this
paragraph and other applicable laws, determine additional
eligibility criteria for the grant, and must specify the
criteria in department regulations and publish changes as
necessary.
(c) The amount of a tuition and textbook reimbursement
grant must be specified on a schedule as determined and
published in department regulations by the adjutant general, but
is limited to 50 a maximum of an amount equal to 75 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 service or federally funded state
active service as defined in section 190.05, subdivision 5b, the
state shall reimburse that in the case of a survivor as defined
in paragraph (b), the amount of the tuition and textbook
reimbursement grant for coursework satisfactorily completed by
the person shall be limited to 100 percent of the cost of
tuition for post-secondary courses satisfactorily completed by
any surviving spouse and any surviving dependents who are 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 at a Minnesota public educational
institution.
Paragraph (b) notwithstanding, a person is no longer
eligible for a grant under this subdivision once the person has
received grants under this subdivision for the equivalent of 208
quarter credits or 144 semester credits of coursework.
(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 and
textbook reimbursement grants received under this section
subdivision shall not be considered by the Minnesota higher
education services office 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.1311.
(e) If a member fails to complete a term of enlistment
during which a tuition and textbook reimbursement grant was
paid, the adjutant general may seek to recoup a prorated amount
as determined by the adjutant general.
Subd. 3. [RECORDKEEPING; RECRUITMENT AND RETENTION; FISCAL
MANAGEMENT REPORTING.] The department of military affairs
shall adjutant general must keep an accurate record of the
recipients of the reenlistment bonus and tuition reimbursement
programs. The department shall report to the legislature on the
effectiveness of the reenlistment bonus and tuition
reimbursement programs in retaining and recruiting members for
the Minnesota National Guard. The report to the legislature
shall be made by January 1 of each year. The report shall
include a review of the effect that the reenlistment bonus and
tuition reimbursement programs have on the enlistment and
reenlistment of national guard members. The report shall
include an accurate record of the effect that both the tuition
reimbursement program and the reenlistment bonus program have on
the recruitment and retention of members by and benefits paid
under this section, and must report this information in the
agency performance report, including information regarding the
rank, unit location, race, and sex gender.
By January 16 of each year, the adjutant general must
provide copies of the regulations developed under this section
to the chairs of the house and senate policy committees
responsible for the national guard.
The department of military affairs shall make a specific
effort to recruit and retain reenlist women and members of
minority groups into the national guard through the use of the
tuition reimbursement and reenlistment bonus financial
incentives authorized by the programs in this section.
Sec. 33. Minnesota Statutes 1995 Supplement, section
240A.08, is amended to read:
240A.08 [APPROPRIATION.]
(a) $750,000 is appropriated annually from the general fund
to the Minnesota amateur sports commission for the purpose of
entering into long-term leases, use, or other agreements with
the metropolitan sports facilities commission for the conduct of
amateur sports activities at the basketball and hockey arena,
consistent with the purposes set forth in this chapter,
including (1) stimulating and promoting amateur sports, (2)
promoting physical fitness by promoting participation in sports,
(3) promoting the development of recreational amateur sport
opportunities and activities, and (4) promoting local, regional,
national, and international amateur sport competitions and
events. The amateur sports commission shall determine what
constitutes amateur sports activities as provided in this
chapter as of March 1, 1995. The metropolitan sports facilities
commission may allocate at least 25 but no more than 50 dates a
year for the conduct of amateur sports activities at the
basketball and hockey arena by the amateur sports commission.
At least 12 of the dates must be on a Friday, Saturday, or
Sunday. The amateur sports commission may sell a date at the
arena to another group for any purpose. Revenue from sale of
these dates is appropriated to the amateur sports commission for
purposes listed in section 240A.04. If any amateur sports
activities conducted by the amateur sports commission at the
basketball and hockey arena are restricted to participants of
one gender, an equal number of activities on comparable days of
the week must be conducted for participants of the other gender,
but not necessarily in the same year. The legislature reserves
the right to repeal or amend this appropriation, and does not
intend this appropriation to create public debt.
(b) The amateur sports commission shall not transmit to the
operator of the basketball and hockey arena payment of any
event-related costs or expenses, including, but not limited to,
personnel, labor, services, equipment, utilities, or supplies
attributable to the events unless and until the operator has
demonstrated, to the satisfaction of the amateur sports
commission, the basis for each specific cost or expense and the
means by which the costs and expenses were determined.
(c) The amateur sports commission may use any ticket system
as may be in place from time to time at the basketball and
hockey arena, provided that any royalty or rebate fees or
charges or surcharges on tickets received by the operator of the
arena from third parties must be credited against event-related
costs or expenses.
(d) In the establishment of event-related costs to be
imposed upon the amateur sports commission, the operator of the
basketball and hockey arena shall provide the amateur sports
commission with the maximum discount that the operator has
supplied to any other sponsor of a similar amateur sports event
in the arena within the 180-day period immediately preceding
the date of the amateur sports commission event.
(e) The amateur sports commission must report by August 1
each year to the chairs of the house and senate state government
finance divisions on compliance with this section and on the
total value of dates and ancillary services, and revenue derived
from resale of dates, during the previous state fiscal year.
(f) The attorney general, on behalf of the amateur sports
commission, must pursue collection of monetary damages from the
operator of the arena if the operator fails to comply with the
requirements of this section.
(g) The books, records, documents, accounting procedures,
and practices of the metropolitan sports facilities commission,
the Minneapolis community development agency, and any
corporation with which the Minnesota amateur sports commission
may contract for use of the basketball and hockey arena are
available for review by the Minnesota amateur sports commission,
the legislative auditor, and the chairs of the state government
finance divisions of the senate and the house of
representatives, subject to chapter 13 and section 473.598,
subdivision 4.
Sec. 34. Minnesota Statutes 1994, section 363.071,
subdivision 7, is amended to read:
Subd. 7. [LITIGATION AND HEARING COSTS.] The
administrative law judge shall order a respondent who is
determined to have engaged in an unfair discriminatory practice
to reimburse the department and the attorney general for all
appropriate litigation and hearing costs expended in preparing
for and conducting the hearing, unless payment of the costs
would impose a financial hardship on the respondent.
Appropriate costs include but are not limited to the costs of
services rendered by the attorney general, private attorneys if
engaged by the department, administrative law judges, court
reporters, and expert witnesses as well as the costs of
transcripts and other necessary supplies and materials.
Money reimbursed to the department of human rights under
this subdivision must be paid into the state treasury and
credited to a special revenue account. Money in that account is
appropriated to the commissioner of human rights to the extent
the reimbursements were made to cover the department's costs and
are available for the department's activities in enforcing the
Minnesota human rights act.
Sec. 35. Minnesota Statutes 1994, section 423A.02, is
amended by adding a subdivision to read:
Subd. 1b. [ADDITIONAL AMORTIZATION STATE AID.] Annually,
on October 1, the commissioner of revenue shall allocate the
additional amortization state aid transferred under section
69.021, subdivision 11, to:
(1) all police or salaried firefighter relief associations
governed by and in full compliance with the requirements of
section 69.77, that had an unfunded actuarial accrued liability
in the actuarial valuation prepared under sections 356.215 and
356.216 as of the preceding December 31; and
(2) all local police or salaried firefighter consolidation
accounts governed by chapter 353A that are certified by the
executive director of the public employees retirement
association as having for the current fiscal year an additional
municipal contribution amount under section 353A.09, subdivision
5, paragraph (b), and that have implemented section 353A.083,
subdivision 1, if the effective date of the consolidation
preceded May 24, 1993, and that have implemented section
353A.083, subdivision 2, if the effective date of the
consolidation preceded June 1, 1995.
The commissioner shall allocate the state aid on the basis
of the proportional share of the relief association or
consolidation account of the total unfunded actuarial accrued
liability of all recipient relief associations and consolidation
accounts as of December 31, 1993, for relief associations, and
as of June 30, 1994, for consolidation accounts.
Sec. 36. Laws 1995, chapter 254, article 1, section 11,
subdivision 8, is amended to read:
Subd. 8. Public Broadcasting
3,054,000 3,054,000
$1,450,000 the first year and
$1,450,000 the second year are for
matching grants for public television.
Public television grant recipients
shall give special emphasis to
children's programming. In addition,
public television grant recipients
shall promote program and outreach
initiatives that attempt to reduce
youth violence in our communities.
$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.
$320,000 the first year and $320,000
the second year are for community
service 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.
$494,000 the first year and $494,000
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.
$15,000 each year is for a grant to the
association of Minnesota public
education radio stations for station
KMOJ. This money may be used for
equipment.
$150,000 the first year and $150,000
the second year are for grants for
public information television
transmission of legislative
activities. At least one-half must go
for programming to be broadcast in
rural Minnesota.
$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.
Sec. 37. [ADDITIONAL MUNICIPAL CERTIFICATION TO ACCOMPANY
1996 POLICE STATE AID APPLICATION FORM.]
In addition to the information required to be provided by
municipalities and counties in order to receive police state aid
under Minnesota Statutes, sections 69.011 to 69.051, every
potential recipient of the 1996 allocation of police state aid
must certify the following information as a condition of receipt
of police state aid in 1996:
(1) the number of licensed police officers employed by the
municipality or county with public employees police and fire
plan pension coverage during calendar year 1995;
(2) the covered payroll of the employees described in
clause (1) for calendar year 1995;
(3) the amount of employer contributions to the public
employees police and fire plan made by the municipality or
county regarding the employees described in clause (1) for
calendar year 1995;
(4) the number of firefighters employed by the municipality
or county with public employees police and fire plan pension
coverage during calendar year 1995;
(5) the annual covered payroll of the employees described
in clause (4) for calendar year 1995; and
(6) the amount of employer contributions to the public
employees police and fire plan made by the municipality or
county regarding the employees described in clause (4) for
calendar year 1995.
Sec. 38. [REPORT ON CERTAIN POLICE STATE-AID REIMBURSEMENT
PRACTICES.]
(a) Using the information reported under section 37, the
commissioner of revenue and the executive director of the public
employees retirement association jointly shall report, by
November 1, 1996, to the chair of the legislative commission on
pensions and retirement on the number of salaried firefighters
for whom the employer contribution to the public employees
police and fire plan was reimbursed in 1995 in the police
state-aid program, the employing units involved, and the amount
of 1995 police state aid involved for each employing unit.
(b) With the benefit of the reported information provided
under paragraph (a), the legislative commission on pensions and
retirement shall study the issue of the use of police state aid
to fund the employer contribution to the public employees police
and fire fund for local government firefighters and shall, by
March 1, 1997, report the results of its study and any
recommendations in the form of proposed legislation to the chair
of the committee on governmental operations of the house of
representatives, the chair of the committee on ways and means of
the house of representatives, the chair of the committee on
governmental operations and veterans of the senate, and the
chair of the committee on finance of the senate.
Sec. 39. [STATEWIDE SYSTEMS ACCOUNT.]
Subdivision 1. [CREATION.] The statewide systems account
is a separate account in the general fund. All money resulting
from billings for statewide systems services must be deposited
in the account. For the purposes of this section, statewide
systems includes the state accounting system, payroll system,
human resources system, procurement system, and related
information access systems.
Subd. 2. [BILLING PROCEDURES.] The commissioner may bill
up to $6,400,000 in fiscal year 1997 for statewide systems
services provided to state agencies, judicial branch agencies,
the University of Minnesota, the Minnesota state colleges and
universities, and other entities. Billing must be based only on
usage of services relating to statewide systems provided by the
intertechnologies division. Each agency shall transfer from
agency operating appropriations to the statewide systems account
the amount billed by the commissioner. Billing policies and
procedures related to statewide systems services must be
developed by the commissioner of finance in consultation with
the commissioners of employee relations and administration, the
University of Minnesota, and the Minnesota state colleges and
universities.
Subd. 3. [APPROPRIATION.] Money transferred into the
account is appropriated to the commissioner of finance to pay
for statewide systems services during fiscal year 1997.
Sec. 40. [STATE-OWNED PASSENGER VEHICLE STUDY.]
The commissioner of administration shall study and make
recommendations to the chairs of the house and senate
governmental operations committees by January 15, 1997,
regarding strategies to achieve better management control of
state-owned passenger vehicles. The study and recommendations
shall specifically address opportunities for further
consolidating the state's passenger vehicle fleets.
Sec. 41. [REPEALER.]
Minnesota Statutes 1995 Supplement, section 353.65,
subdivision 7, is repealed.
Sec. 42. [EFFECTIVE DATE.]
This act is effective the day following final enactment,
except that sections 2, 9, 11, 26 to 32, and 41 are effective
July 1, 1996.
Presented to the governor March 23, 1996
Signed by the governor March 27, 1996, 10:58 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes