Office of the Revisor of Statutes
Minnesota Session Laws - 1999, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 250-H.F.No. 878
An act relating to the organization and operation of
state government; appropriating money for the general
legislative and administrative expenses of state
government with certain conditions; modifying
provisions relating to state government operations;
amending Minnesota Statutes 1998, sections 3.3005, by
adding a subdivision; 3.17; 3C.12, subdivision 2;
8.15, subdivisions 1, 2, and 3; 12.31, subdivision 2;
12.37; 13.03, subdivision 2; 13.05, by adding a
subdivision; 13.073, by adding a subdivision; 14.131;
14.23; 15.50, subdivision 2; 16A.102, subdivision 1;
16A.103, subdivision 1; 16A.11, by adding a
subdivision; 16A.126, subdivision 3; 16A.129,
subdivision 3; 16A.45, subdivision 1; 16A.85,
subdivision 1; 16B.03; 16B.104; 16B.24, subdivision 5;
16B.31, subdivision 2; 16B.32, subdivision 2; 16B.415;
16B.42, subdivision 1; 16B.46; 16B.465; 16B.72;
16B.73; 16B.748; 16C.14, subdivision 1; 16D.04,
subdivision 2; 16E.01, subdivision 1; 16E.02; 16E.08;
18.54; 21.92; 43A.047; 43A.22; 43A.23, subdivisions 1
and 2; 43A.30, by adding a subdivision; 43A.31,
subdivision 2, and by adding a subdivision; 60A.964,
subdivision 1; 60A.972, subdivision 3; 97B.025;
103G.301, subdivision 2; 103I.525, subdivision 9;
103I.531, subdivision 9; 103I.535, subdivision 9;
103I.541, subdivision 5; 115B.49, subdivisions 2 and
4; 115B.491, subdivisions 2 and 3; 116.07, subdivision
4d; 116.12; 116C.834, subdivision 1; 128C.02, by
adding a subdivision; 138.17, subdivisions 7 and 8;
144.98, subdivision 3; 176.102, subdivision 14;
183.375, subdivision 5; 192.49, subdivision 3; 197.79,
subdivision 10; 202A.18, by adding a subdivision;
202A.20, subdivision 2; 204B.25, subdivision 2, and by
adding a subdivision; 204B.27, by adding a
subdivision; 204B.28, subdivision 1; 223.17,
subdivision 3; 239.101, subdivision 4; 240A.09;
297F.08, by adding a subdivision; 299M.04; 325K.03, by
adding a subdivision; 325K.04; 325K.05, subdivision 1;
325K.09, by adding a subdivision; 325K.10, subdivision
5; 325K.14, by adding a subdivision; 325K.15, by
adding a subdivision; 326.50; 326.86, subdivision 1;
and 349.163, subdivision 4; Laws 1993, chapter 192,
section 16; Laws 1994, chapter 643, section 69,
subdivision 1; Laws 1995, First Special Session
chapter 3, article 12, section 7, subdivision 1, as
amended; section 10; Laws 1997, chapter 202, article
2, section 61; and Laws 1998, chapter 366, section 2;
proposing coding for new law in Minnesota Statutes,
chapters 16A; 16B; 16C; 43A; 240A; and 325F; proposing
coding for new law as Minnesota Statutes, chapter
604B; repealing Minnesota Statutes 1998, sections
4A.08; 4A.09; 4A.10; 15.90; 15.91; 15.92; 16A.103,
subdivision 3; 16A.1285, subdivisions 4 and 5; 16E.11;
16E.12; 16E.13; 207A.01; 207A.02; 207A.03; 207A.04;
207A.06; 207A.07; 207A.08; 207A.09; and 207A.10; Laws
1991, chapter 235, article 5, section 3, as amended;
Minnesota Rules, part 8275.0045, subpart 2; and 1999
S.F. No. 2223, if enacted.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
APPROPRIATIONS
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 "1999," "2000," and "2001," where used in this act, mean
that the appropriation or appropriations listed under them are
available for the year ending June 30, 1999, June 30, 2000, or
June 30, 2001, respectively.
SUMMARY BY FUND
BIENNIAL
2000 2001 TOTAL
General $349,954,000 $308,497,000 $658,451,000
State
Government
Special Revenue 13,986,000 13,884,000 27,870,000
For 1999 - $465,000
Health Care Access 1,842,000 1,871,000 3,713,000
Environmental 236,000 242,000 478,000
Solid Waste Fund 660,000 670,000 1,330,000
Lottery Prize
Fund 110,000 -0- 110,000
Highway User
Tax Distribution 2,129,000 2,173,000 4,302,000
Trunk Highway 39,000 39,000 78,000
Workers'
Compensation 7,024,000 6,959,000 13,983,000
TOTAL $376,420,000 $334,854,000 $711,274,000
For 1999 - $465,000
APPROPRIATIONS
Available for the Year
Ending June 30
2000 2001
Sec. 2. LEGISLATURE
Subdivision 1. Total
Appropriation 58,340,000 63,117,000
Summary by Fund
General 58,151,000 62,928,000
Health Care Access 150,000 150,000
Trunk Highway 39,000 39,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Senate 19,138,000 20,523,000
$40,000 the first year is for senate
media services to produce a videotape
on the legislative process and to
distribute it, along with a teachers'
guide, to all secondary schools in the
state, and for senate information
services to construct and maintain a
Worldwide Web site to publicize and
promote the videotape.
Subd. 3. House of Representatives 25,361,000 27,670,000
Subd. 4. Legislative
Coordinating Commission 13,841,000 14,924,000
Summary by Fund
General 13,652,000 14,735,000
Health Care Access 150,000 150,000
Trunk Highway 39,000 39,000
$5,600,000 the first year and
$6,372,000 the second year are for the
office of the revisor of statutes.
$1,184,000 the first year and
$1,217,000 the second year are for the
legislative reference library.
$4,963,000 the first year and
$5,096,000 the second year are for the
office of the legislative auditor.
The legislative commission on pensions
and retirement shall study and report
to the legislature by January 15, 2000,
on the comparability of pension and
other postretirement benefits between
public sector and private sector
employees. When comparing the
benefits, the commission shall select
comparable job classifications and
salary ranges. The study must compare
pension portability, initial monthly
benefits, average annual benefit
increases, employer and employee
contribution rates, availability of
early retirement incentives,
administrative costs, and other factors
as necessary to compare benefits.
Sec. 3. GOVERNOR AND
LIEUTENANT GOVERNOR 4,052,000 4,171,000
This appropriation is to fund the
offices of the governor and lieutenant
governor.
$19,000 the first year and $19,000 the
second year are for necessary expenses
in the normal performance of the
governor's and lieutenant governor's
duties for which no other reimbursement
is provided.
By September 1 of each year, the
commissioner of finance shall report to
the chairs of the senate governmental
operations budget division and the
house state government finance division
any personnel costs incurred by the
office of the governor and 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.
Not later than September 30, 1999, the
governor, in consultation with the
commissioners of agriculture and trade
and economic development, shall prepare
and submit an application for federal
permits as may be needed to authorize
the growing of experimental and
demonstration plots of industrial
hemp. The governor shall also direct
the commissioner of agriculture, in
consultation with the commissioner of
public safety and other appropriate
commissioners, to establish standards
and forms for persons wishing to
register for growing experimental and
demonstration plots of industrial hemp.
Sec. 4. STATE AUDITOR 8,967,000 9,311,000
Sec. 5. STATE TREASURER 2,563,000 2,283,000
$1,030,000 the first year and
$1,061,000 the second year are for the
treasurer to pay for banking services
by fees rather than by compensating
balances.
$75,000 the first year is a one-time
appropriation for a project to maximize
the use of electronic payments and
electronic receipts for state
transactions. The state treasurer
shall report on the progress of this
project to the chairs of the
legislative committees responsible for
this budget item by January 15, 2000,
and 2001.
$278,000 the first year is to pay the
cost of clearing sales tax rebate
checks through commercial banks.
Sec. 6. ATTORNEY GENERAL 27,853,000 28,177,000
Summary by Fund
General 25,545,000 25,852,000
State Government
Special Revenue 1,713,000 1,717,000
Environmental 135,000 138,000
Solid Waste 460,000 470,000
$991,000 the first year and $912,000
the second year are one-time
appropriations to improve information
technology. The attorney general shall
report on the progress of this project
to the chairs of the legislative
committees responsible for this budget
item by January 15, 2000, and 2001.
The attorney general and commissioner
of finance shall continue to review the
funding mechanism for legal services.
By February 15, 2000, they shall submit
a joint report to the committees
responsible for funding the office of
the attorney general that details
further refinements to the legal
services funding mechanism.
The report should attempt to do the
following:
(1) identify criteria that
differentiate between a partner and a
pooled agency;
(2) clarify whose responsibility it is
to request funding for pooled
agencies: the attorney general, the
agency, or both;
(3) determine what process the billing
rate should follow before
implementation;
(4) establish a mechanism to ensure
that legal service resources are
allocated as intended by the
legislature and a process to address
situations where demand exceeds
resources;
(5) determine if partner agencies
should continue to have general fund
dollars set aside in the attorney
general's base; and
(6) determine what method is used to
ascertain how much funding for legal
services the attorney general has in
its base for each agency.
Sec. 7. SECRETARY OF STATE 11,844,000 6,160,000
$5,803,000 the first year is a one-time
appropriation to upgrade the office's
computer systems by converting stored
data to digital images, by bringing the
systems into compliance with year 2000
requirements, and by completing phase 2
of the office computer system upgrade
project. The secretary of state shall
report on the progress of this project
to the chairs of the legislative
committees responsible for this budget
item by January 15, 2000, and 2001.
Sec. 8. CAMPAIGN FINANCE AND
PUBLIC DISCLOSURE BOARD 712,000 707,000
Sec. 9. INVESTMENT BOARD 2,310,000 2,376,000
Sec. 10. ADMINISTRATIVE HEARINGS 7,064,000 6,859,000
Summary by Fund
General 400,000
Workers'
Compensation 6,664,000 6,859,000
The chief administrative law judge, in
cooperation with the state court
administrator, shall develop and
present to the legislature by January
15, 2000, a plan for funding the cost
of child support hearings out of
appropriations to the judicial branch
without increasing those appropriations.
The appropriation from the workers'
compensation special compensation fund
is for considering workers'
compensation claims.
Sec. 11. OFFICE OF STRATEGIC
AND LONG-RANGE PLANNING 6,891,000 4,417,000
$100,000 the first year is to integrate
the office's information technology and
is available until June 30, 2003. The
director shall report on the progress
of the unit to the chairs of the
legislative committees responsible for
this budget item by January 15, 2000,
2001, and 2002.
$1,600,000 the first year is for a
generic environmental impact statement
on animal agriculture.
$200,000 the first year is to perform
program evaluations of agencies in the
executive branch.
The program evaluation division will
report to the legislature by December
1, 2000, ways to reduce state
government expenditures by five to ten
percent.
$100,000 the first year is to provide
administrative support to
community-based planning efforts.
$150,000 the first year is for a grant
of $50,000 to the southwest regional
development commission for the
continuation of the pilot program and
two additional grants of $50,000 each
to regional development commissions or,
in regions not served by regional
development commissions, to regional
organizations selected by the director
of strategic and long-range planning,
to support planning work on behalf of
local units of government. The
planning work shall include, but need
not be limited to:
(1) development of local zoning
ordinances;
(2) land use plans;
(3) community or economic development
plans;
(4) transportation and transit plans;
(5) solid waste management plans;
(6) wastewater management plans;
(7) workforce development plans;
(8) housing development plans and/or
market analysis;
(9) rural health service plans;
(10) natural resources management
plans; or
(11) development of geographical
information systems database to serve a
region's needs, including hardware and
software purchases and related labor
costs.
$200,000 the first year is to prepare
the generic environmental impact
statement on urban development required
by section 108. Any unencumbered
balance remaining in the first year
does not cancel and is available for
the second year of the biennium.
$24,000 the first year is for the
southwest Minnesota wind monitoring
project.
Sec. 12. ADMINISTRATION
Subdivision 1. Total
Appropriation 50,288,000 36,692,000
For 1999 - $465,000
Summary by Fund
General 38,155,000 24,925,000
State Government
Special Revenue 11,873,000 11,767,000
For 1999 - $465,000
Workers'
Compensation 260,000 -0-
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Operations Management
4,007,000 4,155,000
Subd. 3. Office of Technology
5,499,000 2,707,000
The commissioner of administration
shall develop and submit to the chairs
of the senate governmental operations
budget division and the house state
government finance committee by January
15, 2000, a long-range plan identifying
the mission and goals of the office of
technology. The appropriation for the
second year is not available until the
plan has been approved by a law enacted
at the 2000 regular session.
Summary by Fund
General 5,071,000 2,707,000
State Government
Special Revenue 168,000 -0-
Workers'
Compensation 260,000 -0-
The amounts that may be spent from this
appropriation for each purpose are as
follows:
(a) Administrative Services
2,871,000 2,707,000
$468,000 the first year and $468,000
the second year are for ongoing costs
of the North Star II project under
Minnesota Statutes, section 16E.07.
$220,000 the first year is to continue
the intergovernmental information
systems advisory council for one more
year.* (The preceding text beginning
"$220,000 the first year" was vetoed by
the governor.)
(b) One-Stop Business Licensing
$500,000 the first year is a one-time
appropriation for the one-stop business
licensing system project under
Minnesota Statutes, section 16E.08.
The commissioner shall report on the
progress of this project to the chairs
of the legislative committees
responsible for this budget item by
January 15, 2000, and 2001. Before the
system is put into operation, the
security information technology project
of the commissioner of administration
shall perform a security audit of the
system and submit a report on the audit
to the chairs of the governmental
operations budget division of the
senate and the state government finance
committee of the house of
representatives.
(c) Small Agency Infrastructure
Summary by Fund
General 1,700,000 -0-
State Government
Special Revenue 168,000 -0-
Workers'
Compensation 260,000 -0-
This appropriation is for a one-time
transfer to eligible small agencies for
the small agency infrastructure
project. The commissioner of
administration shall determine
priorities for which projects should be
funded, except that $323,000 is for the
public utilities commission. An agency
whose strategic plan for information
technology was not approved before
April 1, 1999, may not receive money
from this appropriation. This
appropriation is available until June
30, 2003. The commissioner shall
report on the progress of this project
to the chairs of the legislative
committees responsible for this budget
item by January 15, 2000, 2001, and
2002.
Subd. 4. Intertechnologies Group
21,121,000 12,626,000
Summary by Fund
General 9,416,000 859,000
State Government
Special Revenue 11,705,000 11,767,000
For 1999 - $465,000
The appropriation from the special
revenue fund is for recurring costs of
911 emergency telephone service.
$2,075,000 the first year is a one-time
appropriation to create a directory
services infrastructure to support the
electronic delivery of government
services and is available until June
30, 2003. The commissioner shall
report on the progress of this project
to the chairs of the legislative
committees responsible for this budget
item by January 15, 2000, 2001, and
2002.
$340,000 the first year is a one-time
appropriation to conduct coordinated
security impact analysis and planning
in state agencies to support the
electronic delivery of government
services. The commissioner shall
report on the progress of this project
to the chairs of the legislative
committees responsible for this budget
item by January 15, 2000, and 2001.
$1,400,000 the first year is a one-time
appropriation to create the security
infrastructure for network-based
systems to enable the electronic
delivery of government services and is
available until June 30, 2003. The
commissioner shall report on the
progress of this project to the chairs
of the legislative committees
responsible for this budget item by
January 15, 2000, 2001, and 2002.
$350,000 the first year is for costs
related to the operation of the year
2000 project office.
$2,150,000 the first year is a one-time
appropriation to modify state business
systems to address year 2000 changes.
Up to $150,000 of this appropriation
may be allocated for year 2000 project
office costs. The appropriation is
available only upon approval of the
commissioner of finance after the
commissioner has determined that all
other money allocated for replacement
or enhancement of existing technology
for year 2000 compliance will be
expended. Notwithstanding Minnesota
Statutes, section 16A.285, after notice
to the commissioner of finance, any
unexpended balance of this
appropriation remaining after all year
2000 problems have been addressed may
be transferred and added to any of the
appropriations in this act for
information technology projects that
are available until June 30, 2003. A
transfer must be reported to the chairs
of the senate governmental operations
budget division and the house state
government finance committee.
$2,260,000 the first year is a one-time
appropriation to the department of
administration for the ongoing costs
incurred by the state agencies
participating in the state-county
collaboration project. For the
biennium beginning July 1, 2001, and
thereafter, the base appropriations
attributable to agencies other than the
department of administration must be
included in the budgets of those other
state agencies.
Subd. 5. Facilities Management
11,602,000 9,418,000
$5,447,000 the first year and
$5,460,000 the second year are for
office space costs of the legislature
and veterans organizations, for
ceremonial space, and for statutorily
free space.
$1,672,000 the first year is to
demolish the capitol square building
and restructure the site as a temporary
parking lot.
$520,000 the first year is to rebuild
and upgrade electronic security systems
in the capitol complex. The
commissioner shall report on the
progress of this project to the chairs
of the legislative committees
responsible for this budget item by
January 15, 2000.
The commissioner of administration
shall install on the automatically
operated landscape irrigation system in
the capitol area a device, commonly
known as a rain check, to prevent the
system from being activated when a
predetermined amount of precipitation
has accumulated.
$100,000 the first year is for grants
to places of public accommodation to
assist them in achieving compliance
with the bleacher safety requirements
of new Minnesota Statutes, section
16B.616. The commissioner shall give
highest priority to grant requests from
political subdivisions for whom the
cost of achieving compliance is the
greatest financial hardship. State
grants are available when the
commissioner has determined that
matching funds in an amount equal to
the grant have been committed. Any
unencumbered balance remaining in the
first year does not cancel and is
available for the second year of the
biennium.* (The preceding text
beginning "$100,000 the first year" was
vetoed by the governor.)
Subd. 6. Management Services
3,622,000 3,670,000
$250,000 the first year and $200,000
the second year are for the information
policy training program under Minnesota
Statutes, section 13.073.
$150,000 the first year and $150,000
the second year are for a one-time
transfer to the Minnesota historical
society for the information policy
training program under Minnesota
Statutes, sections 13.073 and 138.17,
subdivisions 7 and 8.
$192,000 the first year and $196,000
the second year are for the office of
the state archaeologist.
Subd. 7. Fiscal Agent
994,000 786,000
$72,000 the first year and $74,000 the
second year are for the developmental
disabilities council.
$660,000 the first year and $450,000
the second year are for the STAR
program.
$2,000 the first year and $2,000 the
second year are for the state
employees' band.
$260,000 the first year and $260,000
the second year are for a grant to the
Minnesota Children's Museum, of which
$100,000 the first year and $100,000
the second year are an appropriation
for administrative costs of Project
Greenstart.
Subd. 8. Public Broadcasting
3,443,000 3,330,000
$1,450,000 the first year and
$1,450,000 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.
$113,000 the first year is for grants
to noncommercial television stations to
assist with conversion to a digital
broadcast signal as mandated by the
federal government. In order to
qualify for a grant, a station must
meet the criteria established for
grants in Minnesota Statutes, section
129D.12, subdivision 2.* (The preceding
text beginning "$113,000 the first
year" was vetoed by the governor.)
$441,000 the first year and $441,000
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.
$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.
Of this appropriation, $30,000 the
first year and $30,000 the second year
are for station WTIP-FM in Grand
Marais, which need not meet the
requirements of Minnesota Statutes,
section 129D.14, until July 1, 2002.
$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.
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. 13. CAPITOL AREA ARCHITECTURAL
AND PLANNING BOARD 888,000 306,000
$586,000 the first year is to design
and construct a memorial to Hubert H.
Humphrey; to make a grant to the
National World War II Memorial Fund,
2300 Clarendon Boulevard, Suite 501,
Arlington, Virginia 22201, as a
contribution to a national World War II
memorial; and for the capitol area
architectural and planning board, in
cooperation with the Minnesota
historical society and the Philippine
study group of Minnesota, to install in
the capitol rotunda a plaque that
corrects inaccurate historical
information presented on the current
Spanish-American War commemorative
plaque.
Sec. 14. FINANCE
Subdivision 1. Total
Appropriation 24,448,000 17,925,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. State Financial Management
7,805,000 7,993,000
Subd. 3. Information and
Management Services
16,643,000 9,932,000
$100,000 the first year is for a grant
to the city of Mankato to complete the
Mankato area growth management and
planning study, phase 2. The
appropriation is available until June
30, 2002. The appropriation must be
matched by an in-kind donation of
$100,000 in administrative, technical,
and higher educational internship
support and supervision. The value of
the in-kind donations must be
determined by the commissioner of
finance.
The city shall serve as fiscal agent to
complete the study under the 1997
regional planning joint powers
agreement among the cities of Mankato,
North Mankato, and Eagle Lake; the
counties of Nicollet and Blue Earth;
and the towns of Mankato, South Bend,
Lime, Decoria, and Belgrade, without
limitation on the rights of the parties
to that agreement to add or remove
members. The study is intended as an
alternative to community-based
planning. The study is intended to
develop information and analysis to
provide guidance on such issues as:
(1) the development of joint planning
agreements to implement a unified
growth management strategy;
(2) joint service ventures, such as
planning or zoning administration in
urban fringe areas;
(3) orderly growth and annexation
agreements between cities and
townships;
(4) feedlot regulations in urban fringe
areas and future growth corridors;
(5) service strategies for unsewered
subdivisions;
(6) other joint ventures for city,
county, and township service delivery
in fringe areas;
(7) feasibility of a rural township
taxing district; and
(8) alternatives to the current
community-based planning legislation
that would add flexibility and improve
the planning process.
The city of Mankato shall report the
results of the study to the legislature
by January 15, 2002.
$6,839,000 the first year is a one-time
appropriation to upgrade the human
resources and payroll system and is
available until June 30, 2003. The
commissioner shall report on the
progress of this project to the chairs
of the legislative committees
responsible for this budget item by
January 15, 2000, 2001, and 2002.
The commissioner of finance shall work
with the commissioners of employee
relations and administration and shall
develop as part of the human resource
and payroll systems upgrade, and submit
to the chairs of the senate
governmental operations budget division
and the house state government finance
committee by January 15, 2000, a
long-range plan for the statewide
business systems: human resources,
payroll, accounting, and procurement.
The plan must detail each system's
original development costs, its
expected life cycle, the estimated cost
of upgrading software to newer versions
during its life cycle, its operating
costs to date, and the factors that are
expected to drive future operating
costs within the departments of
finance, administration, and employee
relations. The plan must also include
an evaluation of and recommendations on
whether, for the statewide business
systems, the state should use software
that is developed and maintained in
house; proprietary software, either
modified or unmodified; a private
vendor; or a particular combination of
these options.
The commissioner of finance, in
consultation with senate and house
fiscal staff and the commissioner of
administration, shall develop
recommendations for inclusion in the
governor's fiscal year 2002-2003 budget
document on the presentation of
internal service funds. The
commissioner of finance shall submit
the recommendations to the chairs of
the senate governmental operations
budget division and the house state
government finance committee by January
15, 2000.
Sec. 15. EMPLOYEE RELATIONS
Subdivision 1. Total
Appropriation 10,530,000 10,398,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Employee Insurance
2,755,000 2,446,000
$310,000 the first year is to prepare
to implement an optional,
participant-paid, long-term care
insurance program to be available to
state employees and their spouses and
parents, as provided in new Minnesota
Statutes, section 43A.318.
$2,375,000 the first year and
$2,376,000 the second year are for
transfer to the state employees
insurance fund to self-insure all
medical coverage provided through the
state employees group insurance
program, including the University of
Minnesota.
During the biennium ending June 30,
2001, the amount necessary to pay
premiums for coverage by the workers'
compensation reinsurance association
under Minnesota Statutes, section
79.34, is appropriated from the general
fund to the commissioner.
Subd. 3. Human Resources
Management
7,775,000 7,952,000
$123,000 the first year and $115,000
the second year are for a grant to the
government training service, of which
$48,000 the first year and $40,000 the
second year are a one-time
appropriation for information
technology and $25,000 the first year
and $25,000 the second year are a
one-time appropriation to conduct
conferences.
Subd. 4. Technology Budget Book
The department shall prepare a separate
budget book for the biennium beginning
July 1, 2001, containing all of the
administration's technology
initiatives. The book must also
include a complete inventory of
state-owned and leased technology,
along with a projected replacement
schedule. The inventory must include
information on how the technology fits
into the state's master plan.
Sec. 16. REVENUE
Subdivision 1. Total
Appropriation 99,988,000 89,515,000
Summary by Fund
General 95,866,000 85,317,000
Health Care Access 1,692,000 1,721,000
Highway User
Tax Distribution 2,129,000 2,173,000
Environmental 101,000 104,000
Solid Waste 200,000 200,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Tax System Management
97,942,000 87,477,000
Summary by Fund
General 93,380,000 82,760,000
Health Care Access 1,692,000 1,721,000
Highway User
Tax Distribution 2,129,000 2,173,000
Environmental 101,000 104,000
Solid Waste 200,000 200,000
$12,000,000 the first year is a
one-time appropriation for the income
tax reengineering initiative and is
available until June 30, 2003, if the
carryforward from one biennium to the
next is approved by the commissioner of
finance after receiving the
recommendation of the chairs of the
funding committees overseeing the
department and in accordance with the
department's technology plan approved
by the commissioner of administration.
Failure or refusal to make a
recommendation promptly is deemed a
negative recommendation. The
commissioner of revenue shall report on
the progress of this project to the
chairs of the legislative committees
responsible for this budget item by
January 15, 2000, 2001, and 2002.
$400,000 the first year is a one-time
appropriation to administer the farm
relief program enacted by the 1999
legislature.
Subd. 3. Accounts Receivable Management
2,486,000 2,557,000
Subd. 4. Other Provisions
The building located in the capitol
complex at 600 North Robert Street, St.
Paul, is designated and named the
Harold E. Stassen building.
Sec. 17. MILITARY AFFAIRS
Subdivision 1. Total
Appropriation 10,896,000 11,041,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Maintenance of Training
Facilities
6,777,000 6,869,000
$1,325,000 the first year and
$1,325,000 the second year are
appropriated for asset preservation and
facility repair. This appropriation
may be transferred between programs, to
the extent it is used for the same
purpose. The adjutant general may use
other available funding for this
purpose, to the extent it is not
inconsistent with any other law.
Subd. 3. General Support
1,690,000 1,742,000
$35,000 the first year and $35,000 the
second year are a one-time
appropriation to assist in the
operation and staffing of the Minnesota
national guard youth camp at Camp
Ripley. This appropriation is
available only as matched, dollar for
dollar, by money from nonstate sources.
Subd. 4. Enlistment Incentives
2,354,000 2,355,000
Obligations for the reenlistment bonus
program, suspended on December 31,
1991, shall be paid from the amounts
available within the 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.
Subd. 5. Emergency Services
75,000 75,000
These appropriations 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.
Sec. 18. VETERANS AFFAIRS 5,885,000 4,369,000
$1,544,000 the first year and
$1,544,000 the second year are for
emergency financial and medical needs
of veterans. If the appropriation for
either year is insufficient, the
appropriation for the other year is
available for it.
$12,000 the first year and $13,000 the
second year are one-time funding to
provide grants to local veterans'
organizations that provide
transportation services for veterans to
veterans administration medical
facilities.
The commissioner of veterans affairs,
in cooperation with the board of
directors of the Minnesota veterans
homes and the United States Veterans
Administration, shall study the
feasibility and desirability of
supplementing the missions of the
veterans homes and the Veterans
Administration hospitals in Minnesota
by entering into agreements with health
care providers throughout the state to
provide free or reduced-cost
comprehensive health care to veterans
close to their places of residence as a
supplement to private health
insurance. The commissioner shall
report the results of the study and any
recommendations to the legislature by
January 15, 2000.
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.
Before the transfer, the commissioner
of veterans affairs shall explain why
the unencumbered balance exists. The
amounts transferred must be identified
to the chairs of the senate
governmental operations budget
committee and the house state
government finance committee.
$275,000 the first year and $275,000
the second year are for a grant to the
Vinland National Center.
$1,485,000 the first year is to make
bonus payments authorized under
Minnesota Statutes, section 197.79.
The appropriation may not be used for
administrative purposes. The
appropriation does not expire until the
commissioner acts on all applications
submitted under Minnesota Statutes,
section 197.79.
$105,000 the first year is to
administer the bonus program
established under Minnesota Statutes,
section 197.79. The appropriation does
not expire until the commissioner acts
on all the applications submitted under
Minnesota Statutes, section 197.79.
$233,000 the first year and $235,000
the second year are for grants to
county veterans offices for training of
county veterans service officers.
Sec. 19. VETERANS OF FOREIGN
WARS 41,000 41,000
For carrying out the provisions of Laws
1945, chapter 455.
Sec. 20. MILITARY ORDER OF
THE PURPLE HEART 20,000 20,000
Sec. 21. DISABLED AMERICAN VETERANS 13,000 13,000
For carrying out the provisions of Laws
1941, chapter 425.
Sec. 22. GAMBLING CONTROL 2,183,000 2,241,000
Sec. 23. RACING COMMISSION 390,000 402,000
Sec. 24. STATE LOTTERY 110,000
This appropriation is from the lottery
prize fund to the commissioner of human
services for a grant to Project
Turnabout in Granite Falls to provide
compulsive gambling treatment and
education. The appropriation is
available until June 30, 2001, and must
not become part of the base
appropriation.
The director of the state lottery shall
reimburse the general fund $150,000 the
first year and $150,000 the second year
for lottery-related costs incurred by
the department of public safety.
Sec. 25. AMATEUR SPORTS
COMMISSION 6,619,000 639,000
$4,000,000 the first year is for grants
for ice centers under Minnesota
Statutes, section 240A.09, as amended
by this act. The prohibition in
Minnesota Statutes, section 240A.09, on
grants to colleges and universities
does not apply to the project at the
University of Minnesota-Duluth for
which a grant application was pending
on the effective date of the
amendment. Up to $1,000,000 of this
amount may be used for renovation
grants for existing ice arenas,
including renovation of bleachers to
meet code requirements. Any
unencumbered balance remaining in the
first year does not cancel and is
available for the second year of the
biennium.* (The preceding text
beginning "$4,000,000 the first year"
was vetoed by the governor.)
$2,000,000 the first year is for grants
for amateur athletic facilities and
programs under section 91 and to
prepare the plan for soccer facilities
required by this section. $200,000 may
be used for special events or programs
and $30,000 may be used for the soccer
plan. Any unencumbered balance
remaining in the first year does not
cancel and is available for the second
year of the biennium.* (The preceding
text beginning "$2,000,000 the first
year" was vetoed by the governor.)
The commission shall develop a plan to
stimulate the development of new
facilities primarily for soccer
throughout the state and to make grants
to assist with the development of these
facilities. The plan shall include an
assessment of needs, development and
financing alternatives, geographic and
demographic considerations, management
and use policies, and standards for the
design and construction of soccer
fields. Before adopting the plan, the
commission shall hold public meetings
in at least three locations throughout
the state to receive comment. The plan
must cover a 20-year development period.
Sec. 26. BOARD OF THE ARTS
Subdivision 1. Total Appropriation 13,064,000 13,094,000
Any unencumbered balance remaining in
this section the first year does not
cancel but is available for the second
year of the biennium.
Subd. 2. Operations and Services
989,000 1,019,000
Subd. 3. Grants Program
8,540,000 8,540,000
Subd. 4. Regional Arts Councils
3,535,000 3,535,000
Sec. 27. MINNESOTA HUMANITIES
COMMISSION 1,397,000 1,409,000
Any unencumbered balance remaining in
the first year does not cancel but is
available for the second year of the
biennium.
$500,000 the first year and $500,000
the second year are a one-time
appropriation for the
Motheread/Fatheread program.* (The
preceding text beginning "$500,000 the
first year" was vetoed by the governor.)
Sec. 28. GENERAL CONTINGENT
ACCOUNTS 600,000 600,000
Summary by Fund
General 100,000 100,000
State Government
Special Revenue 400,000 400,000
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 and for
transfer to the health boards if
required for unforeseen expenditures of
an emergency nature. The boards
receiving the additional services or
supplemental appropriations shall set
their fees to cover the costs.
Sec. 29. TORT CLAIMS 275,000 275,000
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 3,998,000 4,014,000
The amounts estimated to be needed for
each program are as follows:
(a) Legislators
3,800,000 3,800,000
Under Minnesota Statutes, sections
3A.03, subdivision 2; 3A.04,
subdivisions 3 and 4; and 3A.11.
(b) Constitutional Officers
198,000 214,000
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 6,442,000 6,442,000
$5,892,000 the first year and
$5,892,000 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 6,295,000 6,303,000
$4,925,000 the first year and
$4,925,000 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.
$1,000,000 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.
$370,000 the first year and $378,000
the second year are to the commissioner
of revenue to pay reimbursements to
relief associations for firefighter
supplemental benefits paid under
Minnesota Statutes, section 424A.10.
Sec. 33. BOARD OF GOVERNMENT
INNOVATION AND COOPERATION 1,014,000 1,018,000
Sec. 34. [STATEWIDE SYSTEMS ACCOUNT.]
Subdivision 1. [CONTINUATION.] 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 of finance
may bill up to $7,520,000 in fiscal year 2000 and $7,520,000 in
fiscal year 2001 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 years 2000 and 2001.
Sec. 35. Minnesota Statutes 1998, section 3.3005, is
amended by adding a subdivision to read:
Subd. 3a. [CHANGE IN PURPOSE.] If a request to spend
federal money is included in a governor's budget request and
approved according to subdivision 2a, but the purpose for which
the money is to be used changes from the time of the request and
approval, the amount may be allotted for expenditure after a
revised request is submitted according to subdivision 2 or the
requirements of subdivision 5 are met.
Sec. 36. Minnesota Statutes 1998, section 3.17, is amended
to read:
3.17 [JOURNALS.]
A journal of the daily proceedings in each house shall be
printed and laid before each member at the beginning of the next
day's session. After it has been publicly read and corrected, a
copy, kept by the secretary and chief clerk, respectively, and a
transcript as approved shall be certified by the secretary or
clerk to the printer, who shall print the corrected permanent
journal. Executive messages, addresses, reports,
communications, and voluminous documents other than amendments
to the constitution or to bills and resolutions and the protests
of members submitted under the constitution, article 4, section
11, shall be omitted from the journals, unless otherwise ordered
by vote. Before distributing journals and other publications to
members, legislative staff, and others, each house shall notify
prospective recipients of the cost of the publications and the
availability of the same information on the Internet.
Sec. 37. Minnesota Statutes 1998, section 3C.12,
subdivision 2, is amended to read:
Subd. 2. [FREE DISTRIBUTION.] The revisor shall distribute
without charge copies of each edition of Minnesota Statutes,
supplements to Minnesota Statutes, and Laws of Minnesota to the
persons or bodies listed in this subdivision. Before
distributing the copies, the revisor shall ask inform these
persons or bodies of the cost of the publication and the
availability of statutes and session laws on the Internet, and
shall ask whether their work requires the full number of copies
authorized by this subdivision. Unless a smaller number is
needed, the revisor shall distribute:
(a) 30 copies to the supreme court;
(b) 30 copies to the court of appeals;
(c) one copy to each judge of a district court;
(d) one copy to the court administrator of each district
court for use in each courtroom of the district court;
(e) one copy to each judge, district attorney, clerk of
court of the United States, and deputy clerk of each division of
the United States district court in Minnesota;
(f) 100 copies to the office of the attorney general;
(g) ten copies each to the governor's office, the
departments of agriculture, commerce, corrections, children,
families, and learning, finance, health, transportation, labor
and industry, economic security, natural resources, public
safety, public service, human services, revenue, and the
pollution control agency;
(h) two copies each to the lieutenant governor and the
state treasurer;
(i) 20 copies each to the department of administration,
state auditor, and legislative auditor;
(j) one copy each to other state departments, agencies,
boards, and commissions not specifically named in this
subdivision;
(k) one copy to each member of the legislature;
(l) 150 copies for the use of the senate and 200 copies for
the use of the house of representatives;
(m) 50 copies to the revisor of statutes from which the
revisor shall send the appropriate number to the Library of
Congress for copyright and depository purposes;
(n) four copies to the secretary of the senate;
(o) four copies to the chief clerk of the house of
representatives;
(p) 100 copies to the state law library;
(q) 100 copies to the law school of the University of
Minnesota;
(r) five copies each to the Minnesota historical society
and the secretary of state;
(s) one copy each to the public library of the largest
municipality of each county if the library is not otherwise
eligible to receive a free copy under this section or section
15.18; and
(t) one copy to each county library maintained pursuant to
chapter 134, except in counties containing cities of the first
class. If a county has not established a county library
pursuant to chapter 134, the copy shall be provided to any
public library in the county.
Sec. 38. Minnesota Statutes 1998, section 8.15,
subdivision 1, is amended to read:
Subdivision 1. [FEE SCHEDULES.] The attorney general in
consultation with the commissioner of finance shall develop a
fee schedule to be used by the attorney general in developing
the agreements authorized in subdivision 3. The attorney
general must submit a billing rate for the next biennium to the
commissioner of finance by August 1 of each even-numbered year.
The attorney general may not assess a county any fee for
legal services rendered in connection with a commitment
proceeding under section 253B.185 for which the attorney general
assumes responsibility under section 8.01.
Sec. 39. Minnesota Statutes 1998, section 8.15,
subdivision 2, is amended to read:
Subd. 2. [BIENNIAL BUDGET REQUEST.] (a) The attorney
general in consultation with the commissioner of finance shall
designate which agencies will have their legal service requests
included in the budget request of the attorney general.
(b) All other agencies, in consultation with the attorney
general and the commissioner of finance, shall include a request
for legal services in their biennial budget requests.
(c) The budget request of the attorney general must include
a consolidated listing that shows on one page all the
appropriations that will be used to support the office of the
attorney general and the finance division from which they will
be requested.
Sec. 40. Minnesota Statutes 1998, section 8.15,
subdivision 3, is amended to read:
Subd. 3. [AGREEMENTS.] (a) To facilitate the delivery of
legal services, the attorney general may:
(1) enter into agreements with executive branch agencies,
political subdivisions, or quasi-state agencies to provide legal
services for the benefit of the citizens of Minnesota; and
(2) in addition to funds otherwise appropriated by the
legislature, accept and spend funds received under any agreement
authorized in clause (1) for the purpose set forth in clause
(1), subject to a report of receipts to the chairs of the senate
finance committee and the house ways and means committee by
October 15 each year.
(b) When entering into an agreement for legal services, the
attorney general must notify the committees responsible for
funding the office of the attorney general. When the attorney
general enters into an agreement with a state agency, the
attorney general must also notify the committees responsible for
funding that agency.
Funds received under this subdivision must be deposited in
the general fund and are appropriated to the attorney general
for the purposes set forth in this subdivision.
Sec. 41. Minnesota Statutes 1998, section 13.03,
subdivision 2, is amended to read:
Subd. 2. [PROCEDURES.] (a) The responsible authority in
every state agency, political subdivision, and statewide system
shall establish procedures, consistent with this chapter, to
insure that requests for government data are received and
complied with in an appropriate and prompt manner.
(b) The responsible authority shall prepare public access
procedures in written form and update them no later than August
1 of each year as necessary to reflect any changes in personnel
or circumstances that might affect public access to government
data. The responsible authority shall make copies of the
written public access procedures easily available to the public
by distributing free copies of the procedures to the public or
by posting a copy of the procedures in a conspicuous place
within the government entity that is easily accessible to the
public.
(c) Full convenience and comprehensive accessibility shall
be allowed to researchers including historians, genealogists and
other scholars to carry out extensive research and complete
copying of all records containing government data except as
otherwise expressly provided by law.
A responsible authority may designate one or more designees.
Sec. 42. Minnesota Statutes 1998, section 13.05, is
amended by adding a subdivision to read:
Subd. 11. [PRIVATIZATION.] (a) If a government entity
enters into a contract with a private person to perform any of
its functions, the government entity shall include in the
contract terms that make it clear that all of the data created,
collected, received, stored, used, maintained, or disseminated
by the private person in performing those functions is subject
to the requirements of this chapter and that the private person
must comply with those requirements as if it were a government
entity. The remedies in section 13.08 apply to the private
person under this subdivision.
(b) This subdivision does not create a duty on the part of
the private person to provide access to public data to the
public if the public data are available from the government
entity, except as required by the terms of the contract.
Sec. 43. Minnesota Statutes 1998, section 13.073, is
amended by adding a subdivision to read:
Subd. 6. [PREPARATION OF MODEL POLICIES AND
PROCEDURES.] The commissioner shall, in consultation with
affected government entities, prepare model policies and
procedures to assist government entities in complying with the
requirements of this chapter that relate to public access to
government data and rights of subjects of data. Upon completion
of a model for a governmental level, the commissioner shall
offer that model for formal adoption by that level of government.
Government entities may adopt or reject the model offered by the
commissioner. A government entity that adopts the
commissioner's model shall notify the commissioner in a form
prescribed by the commissioner.
Sec. 44. Minnesota Statutes 1998, section 15.50,
subdivision 2, is amended to read:
Subd. 2. [CAPITOL AREA PLAN.] (a) The board shall prepare,
prescribe, and from time to time, after a public hearing, amend
a comprehensive use plan for the capitol area, called the area
in this subdivision, which consists of that portion of the city
of Saint Paul comprehended within the following boundaries:
Beginning at the point of intersection of the center line of the
Arch-Pennsylvania freeway and the center line of Marion Street,
thence southerly along the center line of Marion Street extended
to a point 50 feet south of the south line of Concordia Avenue,
thence southeasterly along a line extending 50 feet from the
south line of Concordia Avenue to a point 125 feet from the west
line of John Ireland Boulevard, thence southwesterly along a
line extending 125 feet from the west line of John Ireland
Boulevard to the south line of Dayton Avenue, thence
northeasterly from the south line of Dayton Avenue to the west
line of John Ireland Boulevard, thence northeasterly to the
center line of the intersection of Old Kellogg Boulevard and
Summit Avenue, thence northeasterly along the center line of
Summit Avenue to the center line of the new West Kellogg
Boulevard, thence southerly along the east line of the new West
Kellogg Boulevard, to the center line of West Seventh Street,
thence northeasterly along the center line of West Seventh
Street to the center line of the Fifth Street ramp, thence
northwesterly along the center line of the Fifth Street ramp to
the east line of the right-of-way of Interstate Highway 35-E,
thence northeasterly along the east line of the right-of-way of
Interstate Highway 35-E to the south line of the right-of-way of
Interstate Highway 94, thence easterly along the south line of
the right-of-way of Interstate Highway 94 to the west line of
St. Peter Street, thence southerly to the south line of Exchange
Street, thence easterly along the south line of Exchange Street
to the west line of Cedar Street, thence northerly along the
west line of Cedar Street to the center line of Tenth Street,
thence northeasterly along the center line of Tenth Street to
the center line of Minnesota Street, thence northwesterly along
the center line of Minnesota Street to the center line of
Eleventh Street, thence northeasterly along the center line of
Eleventh Street to the center line of Jackson Street, thence
northwesterly along the center line of Jackson Street to the
center line of the Arch-Pennsylvania freeway extended, thence
westerly along the center line of the Arch-Pennsylvania freeway
extended and Marion Street to the point of origin. If
construction of the labor interpretive center does not commence
prior to December 31, 2000, at the site recommended by the
board, the boundaries of the capitol area revert to their
configuration as of 1992.
Under the comprehensive plan, or a portion of it, the board
may regulate, by means of zoning rules adopted under the
Administrative Procedure Act, the kind, character, height, and
location, of buildings and other structures constructed or used,
the size of yards and open spaces, the percentage of lots that
may be occupied, and the uses of land, buildings and other
structures, within the area. To protect and enhance the
dignity, beauty, and architectural integrity of the capitol
area, the board is further empowered to include in its zoning
rules design review procedures and standards with respect to any
proposed construction activities in the capitol area
significantly affecting the dignity, beauty, and architectural
integrity of the area. No person may undertake these
construction activities as defined in the board's rules in the
capitol area without first submitting construction plans to the
board, obtaining a zoning permit from the board, and receiving a
written certification from the board specifying that the person
has complied with all design review procedures and standards.
Violation of the zoning rules is a misdemeanor. The board may,
at its option, proceed to abate any violation by injunction.
The board and the city of Saint Paul shall cooperate in assuring
that the area adjacent to the capitol area is developed in a
manner that is in keeping with the purpose of the board and the
provisions of the comprehensive plan.
(b) The commissioner of administration shall act as a
consultant to the board with regard to the physical structural
needs of the state. The commissioner shall make studies and
report the results to the board when it requests reports for its
planning purpose.
(c) No public building, street, parking lot, or monument,
or other construction may be built or altered on any public
lands within the area unless the plans for the project conform
to the comprehensive use plan as specified in paragraph (d) and
to the requirement for competitive plans as specified in
paragraph (e). No alteration substantially changing the
external appearance of any existing public building approved in
the comprehensive plan or the exterior or interior design of any
proposed new public building the plans for which were secured by
competition under paragraph (e) may be made without the prior
consent of the board. The commissioner of administration shall
consult with the board regarding internal changes having the
effect of substantially altering the architecture of the
interior of any proposed building.
(d) The comprehensive plan must show the existing land uses
and recommend future uses including: areas for public taking
and use; zoning for private land and criteria for development of
public land, including building areas, open spaces, monuments,
and other memorials; vehicular and pedestrian circulation;
utilities systems; vehicular storage; elements of landscape
architecture. No substantial alteration or improvement may be
made to public lands or buildings in the area without the
written approval of the board.
(e) The board shall secure by competitions plans for any
new public building. Plans for any comprehensive plan,
landscaping scheme, street plan, or property acquisition that
may be proposed, or for any proposed alteration of any existing
public building, landscaping scheme or street plan may be
secured by a similar competition. A competition must be
conducted under rules prescribed by the board and may be of any
type which meets the competition standards of the American
Institute of Architects. Designs selected become the property
of the state of Minnesota, and the board may award one or more
premiums in each competition and may pay the costs and fees that
may be required for its conduct. At the option of the board,
plans for projects estimated to cost less than $1,000,000 may be
approved without competition provided the plans have been
considered by the advisory committee described in paragraph
(h). Plans for projects estimated to cost less than $400,000
and for construction of streets need not be considered by the
advisory committee if in conformity with the comprehensive plan.
(f) Notwithstanding paragraph (e), an architectural
competition is not required for the design of any light rail
transit station and alignment within the capitol area. The
board and its advisory committee shall select a preliminary
design for any transit station in the capitol area. Each stage
of any station's design through working drawings must be
reviewed by the board's advisory committee and approved by the
board to ensure that the station's design is compatible with the
comprehensive plan for the capitol area and the board's design
criteria. The guideway and track design of any light rail
transit alignment within the capitol area must also be reviewed
by the board's advisory committee and approved by the board.
(g) Of the amount available for the light rail transit
design, adequate funds must be available to the board for design
framework studies and review of preliminary plans for light rail
transit alignment and stations in the capitol area.
(h) The board may not adopt any plan under paragraph (e)
unless it first receives the comments and criticism of an
advisory committee of three persons, each of whom is either an
architect or a planner, who have been selected and appointed as
follows: one by the board of the arts, one by the board, and
one by the Minnesota Society of the American Institute of
Architects. Members of the committee may not be contestants
under paragraph (e). The comments and criticism must be a
matter of public information. The committee shall advise the
board on all architectural and planning matters. For that
purpose, the committee must be kept currently informed
concerning, and have access to, all data, including all plans,
studies, reports and proposals, relating to the area as the data
are developed or in the process of preparation, whether by the
commissioner of administration, the commissioner of trade and
economic development, the metropolitan council, the city of
Saint Paul, or by any architect, planner, agency or
organization, public or private, retained by the board or not
retained and engaged in any work or planning relating to the
area, and a copy of any data prepared by any public employee or
agency must be filed with the board promptly upon completion.
The board may employ stenographic or technical help that
may be reasonable to assist the committee to perform its duties.
When so directed by the board, the committee may serve as,
and any member or members of the committee may serve on, the
jury or as professional advisor for any architectural
competition, and the board shall select the architectural
advisor and jurors for any competition with the advice of the
committee.
The city of Saint Paul shall advise the board.
(i) The comprehensive plan for the area must be developed
and maintained in close cooperation with the commissioner of
trade and economic development, the planning department and the
council for the city of Saint Paul, and the board of the arts,
and no plan or amendment of a plan may be effective without 90
days' notice to the planning department of the city of Saint
Paul and the board of the arts and without a public hearing with
opportunity for public testimony.
(j) The board and the commissioner of administration,
jointly, shall prepare, prescribe, and from time to time revise
standards and policies governing the repair, alteration,
furnishing, appearance, and cleanliness of the public and
ceremonial areas of the state capitol building. The board shall
consult with and receive advice from the director of the
Minnesota state historical society regarding the historic
fidelity of plans for the capitol building. The standards and
policies developed under this paragraph are binding upon the
commissioner of administration. The provisions of chapter 14,
including section 14.386, do not apply to this paragraph.
(k) The board in consultation with the commissioner of
administration shall prepare and submit to the legislature and
the governor no later than October 1 of each even-numbered year
a report on the status of implementation of the comprehensive
plan together with a program for capital improvements and site
development, and the commissioner of administration shall
provide the necessary cost estimates for the program. The board
shall report any changes to the comprehensive plan adopted by
the board to the committee on governmental operations and
gambling of the house of representatives and the committee on
governmental operations and reform of the senate and upon
request shall provide testimony concerning the changes. The
board shall also provide testimony to the legislature on
proposals for memorials in the capitol area as to their
compatibility with the standards, policies, and objectives of
the comprehensive plan.
(l) The state shall, by the attorney general upon the
recommendation of the board and within appropriations available
for that purpose, acquire by gift, purchase, or eminent domain
proceedings any real property situated in the area described in
this section, and it may also acquire an interest less than a
fee simple interest in the property, if it finds that the
property is needed for future expansion or beautification of the
area.
(m) The board is the successor of the state veterans
service building commission, and as such may adopt rules and may
reenact the rules adopted by its predecessor under Laws 1945,
chapter 315, and amendments to it.
(n) The board shall meet at the call of the chair and at
such other times as it may prescribe.
(o) The commissioner of administration shall assign
quarters in the state veterans service building to (1) the
department of veterans affairs, of which a part that the
commissioner of administration and commissioner of veterans
affairs may mutually determine must be on the first floor above
the ground, and (2) the American Legion, Veterans of Foreign
Wars, Disabled American Veterans, Military Order of the Purple
Heart, United Spanish War Veterans, and Veterans of World War I,
and their auxiliaries, incorporated, or when incorporated, under
the laws of the state, and (3) as space becomes available, to
other state departments and agencies as the commissioner may
deem desirable.
Sec. 45. Minnesota Statutes 1998, section 16A.102,
subdivision 1, is amended to read:
Subdivision 1. [GOVERNOR'S RECOMMENDATION.] By the
fourth Monday Tuesday in January of each odd-numbered year, the
governor shall submit to the legislature a recommended revenue
target for the next two bienniums. The recommended revenue
target must specify:
(1) the maximum share of Minnesota personal income to be
collected in taxes and other revenues to pay for state and local
government services;
(2) the division of the share between state and local
government revenues; and
(3) the mix and rates of income, sales, and other state and
local taxes including property taxes and other revenues.
The recommendations must be based on the November forecast
prepared under section 16A.103.
Sec. 46. Minnesota Statutes 1998, section 16A.103,
subdivision 1, is amended to read:
Subdivision 1. [STATE REVENUE AND EXPENDITURES.] In
February and November each year, the commissioner shall prepare
a forecast of state revenue and expenditures. The November
forecast must be delivered to the legislature and governor no
later than the end of the first week of December. The February
forecast must be delivered to the legislature and governor by
the end of February. Forecasts must be delivered to the
legislature and governor on the same day. If requested by the
legislative commission on planning and fiscal policy, delivery
to the legislature must include a presentation to the
commission. The forecast must assume the continuation of
current laws and reasonable estimates of projected growth in the
national and state economies and affected populations. Revenue
must be estimated for all sources provided for in current law.
Expenditures must be estimated for all obligations imposed by
law and those projected to occur as a result of inflation and
variables outside the control of the legislature. In
determining the rate of inflation, the application of inflation,
the amount of state bonding as it affects debt service, and the
other variables to be included in the expenditure part of the
forecast, the commissioner must consult with the chair of the
senate state government finance committee, the chair of the
house committee on ways and means, and house and senate fiscal
staff. In addition, the commissioner shall forecast Minnesota
personal income for each of the years covered by the forecast
and include these estimates in the forecast documents. A
forecast prepared during the first fiscal year of a biennium
must cover that biennium and the next biennium. A forecast
prepared during the second fiscal year of a biennium must cover
that biennium and the next two bienniums.
Sec. 47. Minnesota Statutes 1998, section 16A.11, is
amended by adding a subdivision to read:
Subd. 7. [FEES.] The detailed operating budget for each
executive branch agency must include proposals for any new fees
or any increases in existing fees. For purposes of this
section, "fees" has the meaning given in section 16A.1283, but
excludes charges listed in paragraph (b) of that section.
Sec. 48. Minnesota Statutes 1998, section 16A.126,
subdivision 3, is amended to read:
Subd. 3. [REPAYMENT SCHEDULES.] The commissioner shall
make schedules for repayment to the general fund of the
transferred money. A schedule to repay money used to buy
equipment may extend over the equipment's useful life.
Otherwise, a schedule may not extend beyond five years. The
repayment must include interest at a rate comparable to the rate
earned by the state on invested treasurer's cash, as determined
monthly by the commissioner. An amount necessary to pay the
interest is appropriated from the revolving fund to which the
transfer was made.
Sec. 49. [16A.1283] [LEGISLATIVE APPROVAL REQUIRED.]
(a) Notwithstanding any law to the contrary, an executive
branch state agency may not impose a new fee or increase an
existing fee unless the new fee or increase is approved by law.
For purposes of this section, a fee is any charge for goods,
services, regulation, or licensure, and, notwithstanding
paragraph (b), clause (3), includes charges for admission to or
for use of public facilities owned by the state.
(b) This section does not apply to:
(1) charges billed within or between state agencies, or
billed to federal agencies;
(2) the Minnesota state colleges and universities system;
or
(3) charges for goods and services provided for the direct
and primary use of a private individual, business, or other
entity.
(c) An executive branch agency may reduce a fee that was
set by rule before the effective date of this section without
legislative approval. Chapter 14 does not apply to fee
reductions under this paragraph.
Sec. 50. Minnesota Statutes 1998, section 16A.129,
subdivision 3, is amended 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 use general fund cash
reserves to meet cash demands. If funds are transferred from
the general fund to meet cash flow needs, 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. The fund to which general fund cash was
advanced must pay interest on the cash advance at a rate
comparable to the rate earned by the state on invested
treasurer's cash, as determined monthly by the commissioner. An
amount necessary to pay the interest is appropriated from the
nongeneral fund to which the cash advance 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. The commissioner may advance general fund
cash reserves to nongeneral fund accounts where the receipts
from other governmental units cannot be collected within the
budget period.
Sec. 51. Minnesota Statutes 1998, section 16A.45,
subdivision 1, is amended to read:
Subdivision 1. [CANCEL; CREDIT.] Once each fiscal year the
commissioner and the treasurer shall cancel upon their books all
outstanding unpaid commissioner's warrants, except warrants
issued for federal assistance programs, that have been issued
and delivered for more than six months prior to that date and
credit to the general fund the respective amounts of the
canceled warrants on or before June 30 of the preceding year and
credit state amounts subject to section 345.43 and federal
amounts to the appropriate account in the federal fund. These
warrants are presumed abandoned under section 345.38 and are
subject to the provisions of sections 345.31 to 345.60. The
commissioner and the treasurer shall cancel upon their books all
outstanding unpaid commissioner's warrants issued for federal
assistance programs that have been issued and delivered for more
than the period of time set pursuant to the federal program and
credit to the general fund and the appropriate account in the
federal fund, the amount of the canceled warrants.
Sec. 52. Minnesota Statutes 1998, section 16A.85,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORIZATION.] The commissioner of
administration may determine, in conjunction with the
commissioner of finance, the personal property needs of the
various state departments, agencies, boards, commissions and the
legislature of the kinds of property identified in this
subdivision that may be economically funded through a master
lease program and request the commissioner of finance to execute
a master lease. The master lease may be used only to finance
the following kinds of purchases:
(a) The master lease may be used to finance purchases by
the commissioner of administration with money from an internal
services fund.
(b) The master lease may be used to refinance a purchase of
equipment already purchased under a lease-purchase agreement.
(c) The master lease may be used to finance purchases of
large equipment with a capital value of more than $100,000 and a
useful life of more than ten years.
(d) The legislature may specifically authorize a particular
purchase to be financed using the master lease. The legislature
anticipates that this authorization will be given only to
finance the purchase of major pieces of equipment with a capital
value of more than $10,000.
The commissioner of finance may authorize the sale and
issuance of certificates of participation relative to a master
lease in an amount sufficient to fund these personal property
needs. The term of the certificates must be less than the
expected useful life of the equipment whose purchase is financed
by the certificates. The commissioner of administration may use
the proceeds from the master lease or the sale of the
certificates of participation to acquire the personal property
through the appropriate procurement procedure in chapter 16C.
Money appropriated for the lease or acquisition of this personal
property is appropriated to the commissioner of finance to make
master lease payments.
Sec. 53. Minnesota Statutes 1998, section 16B.03, is
amended to read:
16B.03 [APPOINTMENTS.]
The commissioner is authorized to appoint staff, including
a deputy commissioner two deputy commissioners, in accordance
with chapter 43A.
Sec. 54. Minnesota Statutes 1998, section 16B.104, is
amended to read:
16B.104 [PROCUREMENT REQUIREMENTS.]
(a) The commissioner, in consultation with the office of
technology, shall develop nonvisual technology access
standards. The standards must be included in all contracts for
the procurement of information technology by, or for the use of,
agencies, political subdivisions, and the Minnesota state
colleges and universities. The University of Minnesota is
encouraged to consider similar standards.
(b) The nonvisual access standards must include the
following minimum specifications:
(1) that effective, interactive control and use of the
technology including the operating system, applications
programs, prompts, and format of the data presented, are readily
achievable by nonvisual means;
(2) that the nonvisual access technology must be compatible
with information technology used by other individuals with whom
the blind or visually impaired individual must interact;
(3) that nonvisual access technology must be integrated
into networks used to share communications among employees,
program participants, and the public; and
(4) that the nonvisual access technology must have the
capability of providing equivalent access by nonvisual means to
telecommunications or other interconnected network services used
by persons who are not blind or visually impaired.
(c) Nothing in this section requires the installation of
software or peripheral devices used for nonvisual access when
the information technology is being used by individuals who are
not blind or visually impaired.
Sec. 55. Minnesota Statutes 1998, section 16B.24,
subdivision 5, is amended to read:
Subd. 5. [RENTING OUT STATE PROPERTY.] (a) [AUTHORITY.]
The commissioner may rent out state property, real or personal,
that is not needed for public use, if the rental is not
otherwise provided for or prohibited by law. The property may
not be rented out for more than five years at a time without the
approval of the state executive council and may never be rented
out for more than 25 years. A rental agreement may provide that
the state will reimburse a tenant for a portion of capital
improvements that the tenant makes to state real property if the
state does not permit the tenant to renew the lease at the end
of the rental agreement.
(b) [RESTRICTIONS.] Paragraph (a) does not apply to state
trust fund lands, other state lands under the jurisdiction of
the department of natural resources, lands forfeited for
delinquent taxes, lands acquired under section 298.22, or lands
acquired under section 41.56 which are under the jurisdiction of
the department of agriculture.
(c) [FORT SNELLING CHAPEL; RENTAL.] The Fort Snelling
Chapel, located within the boundaries of Fort Snelling State
Park, is available for use only on payment of a rental fee. The
commissioner shall establish rental fees for both public and
private use. The rental fee for private use by an organization
or individual must reflect the reasonable value of equivalent
rental space. Rental fees collected under this section must be
deposited in the general fund.
(d) [RENTAL OF LIVING ACCOMMODATIONS.] The commissioner
shall establish rental rates for all living accommodations
provided by the state for its employees. Money collected as
rent by state agencies pursuant to this paragraph must be
deposited in the state treasury and credited to the general fund.
(e) [LEASE OF SPACE IN CERTAIN STATE BUILDINGS TO STATE
AGENCIES.] The commissioner may lease portions of the
state-owned buildings in the capitol complex, the capitol square
building, the health building, the Duluth government center, and
the building at 1246 University Avenue, St. Paul, Minnesota, to
state agencies and the court administrator on behalf of the
judicial branch of state government and charge rent on the basis
of space occupied. Notwithstanding any law to the contrary, all
money collected as rent pursuant to the terms of this section
shall be deposited in the state treasury. Money collected as
rent to recover the depreciation and bond interest costs of a
building funded from the state bond proceeds fund shall be
credited to the general fund. Money collected as rent to
recover the depreciation costs of a building funded from the
state bond proceeds fund and money collected as rent to recover
capital expenditures from capital asset preservation and
replacement appropriations and statewide building access
appropriations shall be credited to a segregated account in a
special revenue fund. Money in the account is appropriated to
the commissioner to be expended for asset preservation projects
as determined by the commissioner. Money collected as rent to
recover the depreciation and interest costs of a building built
with other state dedicated funds shall be credited to the
dedicated fund which funded the original acquisition or
construction. All other money received shall be credited to the
general services revolving fund.
Sec. 56. Minnesota Statutes 1998, section 16B.31,
subdivision 2, is amended to read:
Subd. 2. [APPROPRIATIONS.] Plans must be paid for out of
money appropriated for the purpose of improving or constructing
the building. No part of the balance may be expended until the
commissioner has secured suitable plans and specifications,
prepared by a competent architect or engineer, and accompanied
by a detailed statement of the cost, quality, and description of
all material and labor required for the completion of the work.
No plan may be adopted, and no improvement made or building
constructed by the commissioner or any other agency to whom an
appropriation is made for a capital improvement, that
contemplates the expenditure for its completion of more money
than the appropriation for it, unless otherwise provided in this
section or the act making the appropriation. The
commissioner or other agency may not direct or permit any
expenditure beyond that appropriated, and any agent of the
commissioner violating this provision is guilty of a gross
misdemeanor.
Sec. 57. Minnesota Statutes 1998, section 16B.32,
subdivision 2, is amended to read:
Subd. 2. [ENERGY CONSERVATION GOALS; EFFICIENCY PROGRAM.]
(a) The commissioner of administration in consultation with the
department of public service, in cooperation with one or more
public utilities or comprehensive energy services providers, may
conduct a shared-savings program involving energy conservation
expenditures on state-owned buildings. The public utility or
energy services provider shall contract with appropriate state
agencies to implement energy efficiency improvements in the
selected buildings. A contract must require the public utility
or energy services provider to include all energy efficiency
improvements in selected buildings that are calculated to
achieve a cost payback within ten years. The contract must
require that the public utility or energy services provider be
repaid solely from energy cost savings and only to the extent of
energy cost savings. Repayments must be interest-free. The
goal of the program in this paragraph is to demonstrate that
through effective energy conservation the total energy
consumption per square foot of state-owned and wholly
state-leased buildings could be reduced by at least 25 percent
from consumption in the base year of 1990. All agencies
participating in the program must report to the commissioner of
administration their monthly energy usage, building schedules,
inventory of energy-consuming equipment, and other information
as needed by the commissioner to manage and evaluate the program.
(b) The commissioner may exclude from the program of
paragraph (a) a building in which energy conservation measures
are carried out. "Energy conservation measures" means measures
that are applied to a state building that improve energy
efficiency and have a simple return of investment in ten years
or within the remaining period of a lease, whichever time is
shorter, and involves energy conservation, conservation
facilities, renewable energy sources, improvements in operations
and maintenance efficiencies, or retrofit activities.
(c) This subdivision expires January 1, 2001.
Sec. 58. Minnesota Statutes 1998, section 16B.415, is
amended to read:
16B.415 [OPERATION OF INFORMATION SYSTEMS.]
The commissioner, through a division of technology
management, is responsible for ongoing operations of state
agency information technology activities. These include records
management, activities relating to the Government Data Practices
Act, arranging for operation of the state information
infrastructure, and activities necessary to make state
information systems year 2000 compliant.
Sec. 59. Minnesota Statutes 1998, section 16B.42,
subdivision 1, is amended to read:
Subdivision 1. [COMPOSITION.] The intergovernmental
information systems advisory council is composed of (1) two
members from each of the following groups: counties outside of
the seven-county metropolitan area, cities of the second and
third class outside the metropolitan area, cities of the second
and third class within the metropolitan area, and cities of the
fourth class; (2) one member from each of the following groups:
the metropolitan council, an outstate regional body, counties
within the metropolitan area, cities of the first class, school
districts in the metropolitan area, school districts outside the
metropolitan area, and public libraries; (3) one member each
appointed by the state departments of children, families, and
learning, human services, revenue, and economic security, the
office of strategic and long-range planning, office of
technology, administration, and the legislative auditor; (4) one
member from the office of the state auditor, appointed by the
auditor; (5) one member appointed by each of the following
organizations: League of Minnesota Cities, Association of
Minnesota Counties, Minnesota Association of Township Officers,
and Minnesota Association of School Administrators; and (6) one
member of the house of representatives appointed by the speaker
and one member of the senate appointed by the subcommittee on
committees of the committee on rules and administration. The
legislative members appointed under clause (6) are nonvoting
members. The commissioner of administration shall appoint
members under clauses (1) and (2). The terms, compensation, and
removal of the appointed members of the advisory council are as
provided in section 15.059, but the council does not expire
until June 30, 1999 2000.
Sec. 60. Minnesota Statutes 1998, section 16B.46, is
amended to read:
16B.46 [TELECOMMUNICATION; POWERS.]
The commissioner shall supervise and control all state
telecommunication facilities and services, including any
transmission, emission, or reception of signs, signals, writing,
images, and sounds or intelligence of any nature by wire, radio,
optical, or other electromagnetic systems. Nothing in this
section or section 16B.465 modifies, amends, or abridges any
powers and duties presently vested in or imposed upon the
commissioner of transportation or the commissioner of public
safety relating to telecommunications facilities or the
commissioner of transportation relating only to radio air
navigation facilities or other air navigation facilities.
Sec. 61. Minnesota Statutes 1998, section 16B.465, is
amended to read:
16B.465 [STATE INFORMATION INFRASTRUCTURE.]
Subdivision 1. [POLICY.] (a) The state through its
departments and agencies shall seek ways to meet its
telecommunications needs in a manner that will help to promote
investment and growth of the private sector information
infrastructure throughout the state.
(b) The commissioner shall ensure that telecommunications
services are acquired in a manner that:
(1) promotes the availability of technologies with
statewide high-speed or advanced telecommunications capability
for both public and private customers in a reasonable and timely
fashion;
(2) enables the cost-effective provision of
telecommunications services to the entities identified in this
section;
(3) uses standards-based open, interoperable networks to
the extent practicable;
(4) promotes fair and open competition in the delivery of
telecommunications services;
(5) allows effective state information infrastructure
network management, responsiveness, and fault protection;
(6) provides networkwide security and confidentiality as
appropriate for promoting public safety, health, and welfare;
and
(7) meets performance standards that are reasonable and
necessary.
(c) The state may purchase, own, or lease customer premises
equipment. Customer premises equipment consists of terminal and
associated equipment and inside wire located at an end user's
premises and connected with communication channels at the point
established in a building or a complex to separate customer
equipment from the network. Customer premises equipment also
includes, but is not limited to, communications devices eligible
for distribution to communications impaired persons under
section 237.51, subdivision 1.
(d) This section does not prohibit the commissioner or
other governmental entity from owning, leasing, operating, and
staffing a network operation center that allows the commissioner
to test, troubleshoot, and maintain network operations.
Subd. 1a. [CREATION.] Except as provided in subdivision 4,
the commissioner, through the state information
infrastructure provides, shall arrange for the provision of
voice, data, video, and other telecommunications transmission
services to state agencies;. The state information
infrastructure may also serve educational institutions,
including public schools as defined in section 120A.05,
subdivisions 9, 11, 13, and 17, nonpublic, church or religious
organization schools that provide instruction in compliance with
sections 120A.22, 120A.24, and 124A.41, and private colleges;
public corporations; and state political subdivisions. It is
not a telephone company for purposes of chapter 237. It The
commissioner may purchase, own, or lease any telecommunications
network facilities or equipment after first seeking bids or
proposals and having determined that the private sector cannot,
will not, or is unable to provide these services, facilities, or
equipment as bid or proposed in a reasonable or timely fashion
consistent with policy set forth in this section. The
commissioner shall not resell or sublease any services or
facilities to nonpublic entities except it may to serve private
schools and colleges. The commissioner has the responsibility
for planning, development, and operations of the state
information infrastructure in order to provide cost-effective
telecommunications transmission services to state information
infrastructure users consistent with the policy set forth in
this section.
Subd. 3. [DUTIES.] (a) The commissioner, after
consultation with the office of technology, shall:
(1) provide arrange for voice, data, video, and other
telecommunications transmission services to the state and to
political subdivisions through an account in the
intertechnologies revolving fund;
(2) manage vendor relationships, network function, and
capacity planning in order to be responsive to the needs of the
state information infrastructure users;
(3) set rates and fees for services;
(4) approve contracts for services, facilities, or
equipment relating to the system;
(5) in consultation with the office of technology, develop
the a system plan, including plans for the phasing of its
implementation and maintenance of the initial system, and the
annual program and fiscal plans for the system; and
(6) in consultation with the office of technology,
commissioner of children, families, and learning in regard to
schools, assist state agencies, political subdivisions of the
state, and higher education institutions, including private
colleges and public and private schools, to identify their
telecommunication needs, and develop a plan for interconnection
of the network with private colleges and public and private
schools in the state plans for interoperability of the network
consistent with the policies in subdivision 1, paragraphs (a)
and (b). When requested, the commissioner may also assist in
identifying, purchasing, or leasing their customer premises
equipment.
(b) The commissioner may purchase, own, or lease any
telecommunications network facilities or equipment after first
seeking bids or proposals and having determined that the private
sector cannot, will not, or is unable to provide these services,
facilities, or equipment as bid or proposed in a reasonable and
timely fashion consistent with the policy set forth in this
section.
Subd. 4. [PROGRAM PARTICIPATION.] (a) The commissioner may
require the participation of state agencies, the state board of
education, and the board of trustees of the Minnesota state
colleges and universities and may request the participation of
the board of regents of the University of Minnesota, in the
planning and implementation of the network to provide
interconnective technologies. The board of trustees of the
Minnesota state colleges and universities may opt out of
participation as a subscriber on the network, in whole or in
part, if the board is able to secure telecommunications services
from another source that ensures it will achieve the policy
objectives set forth in subdivision 1 of this section.
Subd. 4a. [ALTERNATIVE AGGREGATION.] The commissioner may,
but is not required to, approve community-based aggregation of
demand for telecommunications services for state agencies,
including Minnesota state colleges and universities. To be
considered a community-based aggregation project:
(1) the project must aggregate telecommunications demands
of state agencies with that of the private sector in a community
or a group of communities in a geographic region to the extent
permitted by law; and
(2) the aggregation must result in telecommunications
infrastructure improvements that ensure the policy set forth in
subdivision 1, paragraphs (a) and (b).
Subd. 4b. [RATES.] (a) The commissioner shall establish
reimbursement rates in cooperation with the commissioner of
finance to be billed to participating agencies and educational
institutions sufficient to cover the operating, maintenance, and
administrative costs of the system.
(b) Except as otherwise provided in subdivision 4, a direct
appropriation made to an educational institution for usage costs
associated with the state information infrastructure must only
be used by the educational institution for payment of usage
costs of the network as billed by the commissioner of
administration.
Subd. 6. [APPROPRIATION.] Money appropriated for the state
information infrastructure and fees for telecommunications
services must be deposited in an account in the
intertechnologies fund. Money in the account is appropriated
annually to the commissioner to operate telecommunications
services carry out the purposes of this section.
Subd. 7. [EXEMPTION.] The system is exempt from the
five-year limitation on contracts set by sections 16C.05,
subdivision 2, paragraph (a), clause (5), 16C.08, subdivision 3,
clause (7), and 16C.09, clause (6).
Sec. 62. [16B.616] [BLEACHER SAFETY.]
Subdivision 1. [DEFINITIONS.] (a) For purposes of this
section, the following terms have the meanings given.
(b) "Place of public accommodation" means a public or
privately owned sports or entertainment arena, gymnasium,
auditorium, stadium, hall, special event center in a public
park, or other facility for public assembly.
(c) "Bleacher" refers to any tiered or stepped seating
facility, whether temporary or permanent, used in a place of
public accommodation for the seating of its occupants.
Subd. 2. [APPLICATION.] All places of public accommodation
must comply with the provisions of this section.
Subd. 3. [SAFETY REQUIREMENTS.] In places of public
accommodation using bleacher seating, all bleachers or bleacher
open spaces over 30 inches above grade or the floor below, must
conform to the following safety requirements:
(1) the open space between bleacher footboards, seats, and
guardrails must not exceed four inches, unless approved safety
nets are installed;
(2) bleachers must have vertical perimeter guardrails with
no more than four-inch rail spacing between vertical rails or
other approved guardrails that address climbability and are
designed to prevent accidents; and
(3) the state building official shall determine whether the
safety nets and guardrail climbability meet the requirements of
the alternate design section of the State Building Code. All
new bleachers manufactured, installed, sold, or distributed
after January 1, 2001, must comply with the State Building Code
in effect and clauses (1), (2), and (3).
Subd. 4. [ENFORCEMENT.] (a) A statutory or home rule
charter city that is not covered by the code because of action
taken under section 16B.72 or 16B.73 is responsible for
enforcement in the city of the code's requirements for bleacher
safety. In all other areas where the code does not apply
because of action taken under section 16B.72 or 16B.73, the
county is responsible for enforcement of those requirements.
(b) Municipalities that have not adopted the code may
enforce the code requirements for bleacher safety by either
entering into a joint powers agreement for enforcement with
another municipality that has adopted the code or contracting
for enforcement with a qualified and certified building official
or state licensed design professional to enforce the code.
(c) Municipalities, school districts, organizations,
individuals, and other persons operating or owning places of
public accommodation with bleachers shall provide a signed
certification of compliance to the commissioner by January 1,
2001. The certification shall be prepared by a qualified and
certified building official or state licensed design
professional and shall certify that the bleachers have been
inspected and are in compliance with the requirements of this
section and are structurally sound.
Subd. 5. [NONCOMPLYING BLEACHERS PROHIBITED.] The
commissioner, in addition to other remedies provided for
violations of this chapter, shall forbid use of bleachers not in
compliance with this section.
Subd. 6. [PERIODIC INSPECTIONS.] Bleacher footboards and
guardrails must be reinspected at least every five years and a
structural inspection must be made at least every ten years.
Inspections may be completed in the same manner as provided in
subdivision 4. This section does not preclude a municipal
authority from establishing additional reinspections under the
State Building Code.
Sec. 63. Minnesota Statutes 1998, section 16B.72, is
amended to read:
16B.72 [REFERENDA ON STATE BUILDING CODE IN NONMETROPOLITAN
COUNTIES.]
Notwithstanding any other provision of law to the contrary,
a county that is not a metropolitan county as defined by section
473.121, subdivision 4, may provide, by a vote of the majority
of its electors residing outside of municipalities that have
adopted the State Building Code before January 1, 1977, that no
part of the State Building Code except the building requirements
for handicapped persons, the requirements for bleacher safety,
and the requirements for elevator safety applies within its
jurisdiction.
The county board may submit to the voters at a regular or
special election the question of adopting the building code.
The county board shall submit the question to the voters if it
receives a petition for the question signed by a number of
voters equal to at least five percent of those voting in the
last general election. The question on the ballot must be
stated substantially as follows:
"Shall the State Building Code be adopted in ..........
County?"
If the majority of the votes cast on the proposition is in
the negative, the State Building Code does not apply in the
subject county, outside home rule charter or statutory cities or
towns that adopted the building code before January 1, 1977,
except the building requirements for handicapped persons, the
requirements for bleacher safety, and the requirements for
elevator safety do apply.
Nothing in this section precludes a municipality or town
that has not adopted the State Building Code from adopting and
enforcing by ordinance or other legal means the State Building
Code within its jurisdiction.
Sec. 64. Minnesota Statutes 1998, section 16B.73, is
amended to read:
16B.73 [STATE BUILDING CODE IN MUNICIPALITIES UNDER 2,500;
LOCAL OPTION.]
The governing body of a municipality whose population is
less than 2,500 may provide that the State Building Code, except
the requirements for handicapped persons, the requirements for
bleacher safety, and the requirements for elevator safety, will
not apply within the jurisdiction of the municipality, if the
municipality is located in whole or in part within a county
exempted from its application under section 16B.72. If more
than one municipality has jurisdiction over an area, the State
Building Code continues to apply unless all municipalities
having jurisdiction over the area have provided that the State
Building Code, except the requirements for handicapped persons,
the requirements for bleacher safety, and the requirements for
elevator safety, does not apply within their respective
jurisdictions. Nothing in this section precludes a municipality
or town from adopting and enforcing by ordinance or other legal
means the State Building Code within its jurisdiction.
Sec. 65. [16C.065] [COST-BENEFIT ANALYSIS.]
(a) The commissioner or an agency official to whom the
commissioner has delegated duties under section 16C.03,
subdivision 16, may not approve a contract or purchase of goods
or services in an amount greater than $5,000,000 unless a
cost-benefit analysis has been completed and shows a positive
benefit to the public. The management analysis division must
perform or direct the performance of the analysis. A
cost-benefit analysis must be performed for a project if an
aggregation of contracts or purchases for a project exceeds
$5,000,000.
(b) All cost-benefit analysis documents under this section,
including preliminary drafts and notes, are public data.
(c) If a cost-benefit analysis does not show a positive
benefit to the public, the governor may approve a contract or
purchase of goods or services if a cost-effectiveness study had
been done that shows the proposed project is the most effective
way to provide a necessary public good.
(d) This section applies to contracts for goods or services
that are expected to have a useful life of more than three
years. This section does not apply for purchase of goods or
services for response to a natural disaster if an emergency has
been declared by the governor.
Sec. 66. Minnesota Statutes 1998, section 16C.14,
subdivision 1, is amended to read:
Subdivision 1. [CONTRACT CONDITIONS.] The commissioner may
contract to purchase by installment payments capital or other
equipment or services intended to improve the energy efficiency
of a state building or facility if:
(1) the term of the contract does not exceed ten years,
with not more than a ten-year payback beginning at the
completion of the project;
(2) the entire cost of the contract is a percentage of the
resultant savings in energy costs only. "Savings in energy cost"
means a comparison of energy cost and energy usage under the
precontract conditions, including reasonable projections of
energy cost and usage if no change is made to the precontract
conditions, against energy cost and usage with the changes made
under the contract. If it is impractical to directly measure
energy cost and/or energy usage, reasonable engineering
estimates may be substituted for measured results;
(3) the contract for purchase must be completed using a
solicitation;
(4) the commissioner has determined that the contract
vendor is a responsible vendor;
(5) the contract vendor can finance or obtain financing for
the performance of the contract without state assistance or
guarantee; and
(6) the state may unilaterally cancel the agreement if the
legislature fails to appropriate funds to continue the contract
or if the contractor at any time during the term of the contract
fails to perform its contractual obligations, including failure
to deliver or install equipment or materials, failure to replace
faulty equipment or materials in a timely fashion, and failure
to maintain the equipment as agreed in the contract.
Sec. 67. Minnesota Statutes 1998, section 16D.04,
subdivision 2, is amended to read:
Subd. 2. [AGENCY PARTICIPATION.] (a) 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.
(b) When a debt owed to a state agency becomes 121 days
past due, the state agency must refer the debt to the
commissioner for collection. This requirement does not apply if
there is a dispute over the amount or validity of the debt, if
the debt is the subject of legal action or administrative
proceedings, or the agency determines that the debtor is
adhering to acceptable payment arrangements. The commissioner,
in consultation with the commissioner of finance, may provide
that certain types of debt need not be referred to the
commissioner for collection under this paragraph. Methods and
procedures for referral must follow internal guidelines prepared
by the commissioner of finance.
Sec. 68. Minnesota Statutes 1998, section 16E.01,
subdivision 1, is amended to read:
Subdivision 1. [PURPOSE.] The office of technology,
referred to in this chapter as the "office," is an agency in the
executive branch managed by an executive director appointed by
the governor under the supervision of the commissioner of
administration. The office shall provide leadership and
direction for information and communications technology policy
in Minnesota. The office shall coordinate strategic investments
in information and communications technology to encourage the
development of a technically literate society and to ensure
sufficient access to and efficient delivery of government
services.
Sec. 69. Minnesota Statutes 1998, section 16E.02, is
amended to read:
16E.02 [OFFICE OF TECHNOLOGY STRUCTURE AND PERSONNEL.]
Subdivision 1. [OFFICE MANAGEMENT AND STRUCTURE.] The
executive director commissioner of administration is the state's
chief information officer and technology advisor to the
governor. The salary of the executive director may not exceed
85 percent of the governor's salary. The executive director may
employ a deputy director, assistant directors, and other
employees that the executive director may consider necessary.
The executive director and the deputy and assistant directors
and one confidential secretary serve in the unclassified
service. The staff of the office must include individuals
knowledgeable in information and communications technology. The
executive director may appoint other personnel as necessary to
operate the office of technology in accordance with chapter 43A.
Subd. 2. [INTERGOVERNMENTAL PARTICIPATION.] The executive
director commissioner of administration or the director's
commissioner's designee shall serve as a member of the Minnesota
education telecommunications council, the geographic information
systems council, the library planning task force, or their
respective successor organizations, and as a member of Minnesota
Technology, Inc., the Minnesota health data institute as a
nonvoting member, and the Minnesota world trade center
corporation.
Sec. 70. Minnesota Statutes 1998, section 16E.08, is
amended to read:
16E.08 [BUSINESS LICENSE INFORMATION.]
The office shall coordinate the design, establishment,
implementation, and maintenance of an electronic system to allow
the public to retrieve by computer information prepared by the
department of trade and economic development bureau of business
licenses on licenses and their requirements. The office shall
establish the format and standards for retrieval consistent with
state information and data interchange policies. The system
must also be designed to allow the public to apply for and
obtain business licenses and permits on line. The office shall
integrate the system with the North Star online information
system. The office shall work in collaboration with the
department of trade and economic development bureau of business
licenses. The bureau is responsible for creating and operating
the system.
Sec. 71. Minnesota Statutes 1998, section 43A.047, is
amended to read:
43A.047 [CONTRACTED SERVICES.]
(a) Executive agencies, including the Minnesota state
colleges and universities system, must demonstrate that they
cannot use available staff before hiring outside consultants or
services. If use of consultants is necessary, agencies are
encouraged to negotiate contracts that will involve permanent
staff, so as to upgrade and maximize training of state employees.
(b) If agencies reduce operating budgets, agencies must
give priority to reducing spending on professional and technical
service contracts before laying off permanent employees.
(c) Agencies must report to the senate finance and house
ways and means committees commissioner of administration by
August November 1 each year on implementation of this section
during the previous fiscal year. The reports must include
amounts spent on professional and technical service contracts
during the previous fiscal year. The commissioner shall compile
the reports into a uniform format and forward them to the chairs
of the senate finance and house ways and means committees by
November 15.
Sec. 72. Minnesota Statutes 1998, section 43A.22, is
amended to read:
43A.22 [BENEFITS; INTENT.]
(a) It is the intent of the state to provide eligible
employees and other eligible persons with life insurance and
hospital, medical, and dental benefits coverage through provider
organizations, hereafter referred to as "carriers," authorized
to do business in the state.
(b) The commissioner may self-insure any hospital and
medical plan offered under sections 43A.22 to 43A.31 to promote
reasonably stable and predictable premiums for hospital and
medical benefits paid by the state and its employees and to
promote affordable, ongoing relationships between employees and
dependents and their medical providers. The commissioner shall
consult with the commissioners of commerce and health and human
services regarding the development and reporting of quality of
care measures.
Sec. 73. Minnesota Statutes 1998, section 43A.23,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] The commissioner is authorized
to request bids from carriers or to negotiate with carriers and
to enter into contracts with carriers which in the judgment of
the commissioner are best qualified to underwrite and service
the benefit plans. Contracts entered into with carriers are not
subject to the requirements of sections 16C.16 to 16C.19. The
commissioner may negotiate premium rates and coverage provisions
with all carriers licensed under chapters 62A, 62C, and 62D.
The commissioner may also negotiate reasonable restrictions to
be applied to all carriers under chapters 62A, 62C, and 62D.
Contracts to underwrite the benefit plans must be bid or
negotiated separately from contracts to service the benefit
plans, which may be awarded only on the basis of competitive
bids. The commissioner shall consider the cost of the plans,
conversion options relating to the contracts, service
capabilities, character, financial position, and reputation of
the carriers, and any other factors which the commissioner deems
appropriate. Each benefit contract must be for a uniform term
of at least one year, but may be made automatically renewable
from term to term in the absence of notice of termination by
either party. The commissioner shall, to the extent feasible,
make hospital and medical benefits available from at least one
carrier licensed to do business pursuant to each of chapters
62A, 62C, and 62D. The commissioner need not provide health
maintenance organization services to an employee who resides in
an area which is not served by a licensed health maintenance
organization. The commissioner may refuse to allow a health
maintenance organization to continue as a carrier. The
commissioner may elect not to offer all three types of carriers
if there are no bids or no acceptable bids by that type of
carrier or if the offering of additional carriers would result
in substantial additional administrative costs. A carrier
licensed under chapter 62A is exempt from the tax imposed by
section 60A.15 on premiums paid to it by the state.
All self-insured hospital and medical service products must
comply with coverage mandates, data reporting, and consumer
protection requirements applicable to the licensed carrier
administering the product, had the product been insured,
including chapters 62J, 62M, and 62Q. Any self-insured products
that limit coverage to a network of providers or provide
different levels of coverage between network and nonnetwork
providers shall comply with section 62D.123 and geographic
access standards for health maintenance organizations adopted by
the commissioner of health in rule under chapter 62D.
Sec. 74. Minnesota Statutes 1998, section 43A.23,
subdivision 2, is amended to read:
Subd. 2. [CONTRACT TO CONTAIN STATEMENT OF BENEFITS.] (a)
Each contract under sections 43A.22 to 43A.30 shall contain a
detailed statement of benefits offered and shall include any
maximums, limitations, exclusions, and other definitions of
benefits the commissioner deems necessary or desirable. Each
hospital and medical benefits contract shall provide benefits at
least equal to those required by section 62E.06, subdivision 2.
(b) All summaries of benefits describing the hospital and
medical service benefits offered to state employees must comply
with laws and rules for content and clarity applicable to the
licensed carrier administering the product. Referral procedures
must be clearly described. The commissioners of commerce and
health, as appropriate, shall review the summaries of benefits,
whether written or electronic, and advise the commissioner of
employee relations on any changes needed to ensure compliance.
Sec. 75. Minnesota Statutes 1998, section 43A.30, is
amended by adding a subdivision to read:
Subd. 6. [CONTINGENCY RESERVE.] The commissioner shall
maintain a contingency reserve within the employee insurance
trust fund. The reserve must be used to increase the controls
over medical plan provisions and insurance costs for the state's
employee populations. The reserve consists of appropriations
from the general fund, receipts from billings to agencies, and
credited investment gains and losses attributable to balances in
the account. The state board of investment shall invest the
assets of the account according to section 11A.24.
Sec. 76. Minnesota Statutes 1998, section 43A.31,
subdivision 2, is amended to read:
Subd. 2. [COMMISSIONER REPORTS.] The commissioner shall
transmit a report each biennium to the legislative commission on
employee relations concerning the operation of sections 43A.22
to 43A.30, including a study of local and statewide market
trends regarding provider concentration, costs, and other
factors as they may relate to the state's health benefits
purchasing strategy. The commissioner shall consult with the
commissioners of commerce and health in the conduct of this
study. The commissioner shall also report the number, type, and
disposition of complaints relating to the insurance programs
offered by the commissioner.
Sec. 77. Minnesota Statutes 1998, section 43A.31, is
amended by adding a subdivision to read:
Subd. 5. [CUSTOMER ASSISTANCE.] The commissioner shall
employ staff for the purposes of assisting state employees and
their dependents in:
(1) understanding their benefits and coverage levels;
(2) obtaining information and responses to questions
regarding issues of coverage, benefits, and service from
carriers and providers; and
(3) making use of all grievance, appeals, and complaint
resolution processes provided by law or contract.
Sec. 78. [43A.318] [PUBLIC EMPLOYEES GROUP LONG-TERM CARE
INSURANCE PROGRAM.]
Subdivision 1. [DEFINITIONS.] (a) [SCOPE.] For the
purposes of this section, the terms defined have the meaning
given them.
(b) [ADVISORY COMMITTEE; COMMITTEE.] "Advisory committee"
or "committee" means the committee created under subdivision 3.
(c) [COMMITTEE MEMBER; MEMBER.] "Committee member" or
"member" means a person serving on the advisory committee
created under subdivision 3.
(d) [ELIGIBLE PERSON.] "Eligible person" means:
(1) an active member of a public pension plan of the state;
(2) an employee or elected official of the state who is not
eligible for participation in a public employee pension plan of
the state; or
(3) a spouse or parent of a person described in clause (1)
or (2), regardless of the enrollment status in the program of
the person described in clause (1) or (2).
(e) [PROGRAM.] "Program" means the statewide public
employees long-term care insurance program created under
subdivision 2.
(f) [PUBLIC EMPLOYEE PENSION PLAN.] "Public employee
pension plan" means any Minnesota public pension plan or fund
that provides pension or retirement coverage for state employees.
(g) [QUALIFIED VENDOR.] "Qualified vendor" means an entity
licensed or authorized to underwrite, provide, or administer
group long-term care insurance benefits in this state.
Subd. 2. [PROGRAM CREATION; GENERAL PROVISIONS.] (a) The
commissioner may administer a program to make long-term care
coverage available to eligible persons. The commissioner may
determine the program's funding arrangements, request bids from
qualified vendors, and negotiate and enter into contracts with
qualified vendors. Contracts are not subject to the
requirements of section 16C.16 or 16C.19. Contracts must be for
a uniform term of at least one year, but may be made
automatically renewable from term to term in the absence of
notice of termination by either party. The program may not be
self-insured until the commissioner has completed an actuarial
study of the program and reported the results of the study to
the legislature and self-insurance has been specifically
authorized by law.
(b) The program may provide coverage for home, community,
and institutional long-term care and any other benefits as
determined by the commissioner. Coverage is optional. The
enrolled eligible person must pay the full cost of the coverage.
(c) The commissioner shall promote activities that attempt
to raise awareness of the need for long-term care insurance
among residents of the state and encourage the increased
prevalence of long-term care coverage. These activities must
include the sharing of knowledge gained in the development of
the program.
(d) The commissioner may employ and contract with persons
and other entities to perform the duties under this section and
may determine their duties and compensation consistent with this
chapter.
(e) The benefits provided under this section are not terms
and conditions of employment as defined under section 179A.03,
subdivision 19, and are not subject to collective bargaining.
(f) The commissioner shall establish underwriting criteria
for entry of all eligible persons into the program. Eligible
persons who would be immediately eligible for benefits may not
enroll.
(g) Eligible persons who meet underwriting criteria may
enroll in the program upon hiring and at other times established
by the commissioner.
(h) An eligible person enrolled in the program may continue
to participate in the program even if an event, such as
termination of employment, changes the person's employment
status.
(i) Participating public employee pension plans and public
employers may provide automatic pension or payroll deduction for
payment of long-term care insurance premiums to qualified
vendors contracted with under this section.
(j) The premium charged to program enrollees must include
an administrative fee to cover all program expenses incurred in
addition to the cost of coverage. All fees collected are
appropriated to the commissioner for the purpose of
administrating the program.
Subd. 3. [ADVISORY COMMITTEE.] (a) The committee consists
of:
(1) the executive directors or designees of the Minnesota
state retirement system, the public employees retirement
association, and the teachers retirement association;
(2) one member of the investment advisory committee of the
state board of investment provided under section 11A.08
appointed by the board;
(3) one staff member of the department of human services
appointed by the commissioner of human services;
(4) one staff member of the department of commerce
appointed by the commissioner of commerce;
(5) one member of the medical community with clinical
knowledge of long-term care appointed by the commissioner of
employee relations; and
(6) six members representing the interests of eligible
persons, including exclusive representatives of employees as
defined by section 179A.03, subdivision 8, and unrepresented
employees appointed by the commissioner of employee relations.
(b) Appointment to and removal from the committee must be
in the manner provided in section 15.059.
(c) The members of the committee described in paragraph
(a), clauses (1) to (5), serve without term limits. The terms
of members described in paragraph (a), clause (6), are governed
by section 15.059, subdivision 2.
(d) Members serve without compensation, but are eligible
for reimbursement of expenses in the same manner and amount as
authorized under section 43A.18, subdivision 2.
(e) The committee shall advise the commissioner on program
issues, including, but not limited to, benefits, coverage,
funding, eligibility, enrollment, underwriting, and marketing.
Subd. 4. [LONG-TERM CARE INSURANCE TRUST FUND.] (a) The
long-term care insurance trust fund in the state treasury
consists of deposits of the premiums received from persons
enrolled in the program. All money in the fund is appropriated
to the commissioner to pay premiums, claims, refunds,
administrative costs, and other related service costs. The
commissioner shall reserve an amount of money sufficient to
cover the actuarially estimated costs of claims incurred but
unpaid. The trust fund must be used solely for the purpose of
the program.
(b) The state board of investment shall invest the money in
the fund according to section 11A.24. Investment income and
losses attributable to the fund must be credited to or deducted
from the fund.
Subd. 5. [PRIVATE SOURCES.] This section does not prohibit
or limit individuals or local governments from purchasing
long-term care insurance through other private sources.
Sec. 79. Minnesota Statutes 1998, section 128C.02, is
amended by adding a subdivision to read:
Subd. 3a. [PARTICIPATION IN EXHIBITIONS.] Minnesota
amateur sports commission exhibitions in which high school
students participate individually or as members of a team do not
qualify as games, contests, or other extracurricular activities
for state high school league purposes under this chapter.
Sec. 80. Minnesota Statutes 1998, section 138.17,
subdivision 7, is amended to read:
Subd. 7. [RECORDS MANAGEMENT PROGRAM.] A records
management program for the application of efficient and
economical management methods to the creation, utilization,
maintenance, retention, preservation, and disposal of official
records shall be administered by the commissioner of
administration with assistance from the director of the
historical society. The state records center which stores and
services state records not in state archives shall be
administered by the commissioner of administration. The
commissioner of administration is empowered to (1) establish
standards, procedures, and techniques for effective management
of government records, (2) make continuing surveys of paper work
operations, and (3) recommend improvements in current records
management practices including the use of space, equipment, and
supplies employed in creating, maintaining, preserving and
disposing of government records. It shall be the duty of the
head of each state agency and the governing body of each county,
municipality, and other subdivision of government to cooperate
with the commissioner in conducting surveys and to establish and
maintain an active, continuing program for the economical and
efficient management of the records of each agency, county,
municipality, or other subdivision of government. When
requested by the commissioner, public officials shall assist in
the preparation of an inclusive inventory of records in their
custody, to which shall be attached a schedule, approved by the
head of the governmental unit or agency having custody of the
records and the commissioner, establishing a time period for the
retention or disposal of each series of records. When the
schedule is unanimously approved by the records disposition
panel, the head of the governmental unit or agency having
custody of the records may dispose of the type of records listed
in the schedule at a time and in a manner prescribed in the
schedule for particular records which were created after the
approval. A list of records disposed of pursuant to this
subdivision shall be forwarded to the commissioner and the
archivist by the head of the governmental unit or agency. The
archivist shall maintain a list of all records destroyed.
Sec. 81. Minnesota Statutes 1998, section 138.17,
subdivision 8, is amended to read:
Subd. 8. [EMERGENCY RECORDS PRESERVATION.] In light of the
danger of nuclear or natural disaster, the commissioner of
administration, with the assistance of the director of the
historical society, shall establish and maintain a program for
the selection and preservation of public records considered
essential to the operation of government and to the protection
of the rights and interests of persons, and shall make or cause
to be made preservation duplicates or designate as preservation
duplicates existing copies of such essential public records.
Preservation duplicates shall be durable, accurate, complete,
and clear, and such duplicates reproduced by photographic or
other process which accurately reproduces and forms a durable
medium for so reproducing the original shall have the same force
and effect for all purposes as the original record whether the
original record is in existence or not. A transcript,
exemplification, or certified copy of such preservation
duplicate shall be deemed for all purposes to be a transcript,
exemplification, or certified copy of the original record. Such
preservation duplicates shall be preserved in the place and
manner of safekeeping prescribed by the commissioner.
Every county, municipality, or other subdivision of
government may institute a program for the preservation of
necessary documents essential to the continuity of government.
Such a program shall first be submitted to the commissioner for
approval or disapproval and no such program shall be instituted
until such approval is obtained.
Sec. 82. Minnesota Statutes 1998, section 192.49,
subdivision 3, is amended to read:
Subd. 3. [ALLOWANCES FOR MILITARY EXPENSE.] (a) Allowances
for the necessary military expenses of all organizations, units,
or detachments of the military forces, including clerk hire,
office supplies, postage, and other actual outlay, shall may be
paid by the adjutant general out of the funds appropriated for
the maintenance of the military forces, such. These allowances
annually may not to exceed:
(1) for the state headquarters and for the division
headquarters when located in this state $2,000 $2,500 each;
(2) $3,000 a year for the commanding general of troops;
(3) for any other organization commanded by a general
officer $1,000 plus $100 for each immediately and directly
subordinate organization or unit $2,200;
(4) for any brigade, group, battalion, squadron, or
equivalent organization $200 $500 plus $100 for each immediately
and directly subordinate organization or unit; and $300
(5) $600 for incidental expenses of each company, battery,
or detachment; and at the time of the annual encampment or
maneuvers, for each division or camp headquarters mess $200; for
each officers' mess of a regiment, group, or higher headquarters
$200; and for the officers' mess of each battalion or equivalent
headquarters $100.
(b) Allowances authorized under this section shall be
expended and accounted for as prescribed by the
commander-in-chief in orders or rules adjutant general.
Sec. 83. Minnesota Statutes 1998, section 197.79,
subdivision 10, is amended to read:
Subd. 10. [DEADLINE FOR APPLICATIONS.] The application
period for the bonus program established in this section shall
be November 1, 1997, to June 30, 1999 2001. The department may
not receive or accept new applications after June 30, 1999 2001.
Sec. 84. Minnesota Statutes 1998, section 202A.18, is
amended by adding a subdivision to read:
Subd. 2a. [PREFERENCE BALLOT.] Prior to the opening of
nominations for the election of permanent offices and delegates,
a ballot must be distributed to permit caucus participants to
indicate their preference for the offices of president of the
United States or governor. The results of preference voting
must be reported to the secretary of state immediately upon
conclusion of the voting, in the manner provided by the
secretary of state. The secretary of state shall provide the
appropriate forms to the party for reporting the results.
Sec. 85. Minnesota Statutes 1998, section 202A.20,
subdivision 2, is amended to read:
Subd. 2. [REPORTING CAUCUS RESULTS.] The secretary of
state may provide a method for the timely reporting of caucus
results to the public shall promptly report to the public the
results of preference balloting at the precinct caucuses.
Sec. 86. Minnesota Statutes 1998, section 204B.25,
subdivision 2, is amended to read:
Subd. 2. [RULES OF SECRETARY OF STATE.] The secretary of
state shall adopt rules establishing a program programs for the
training of county auditors, local election officials, and
election judges by county auditors as required by this section.
Sec. 87. Minnesota Statutes 1998, section 204B.25, is
amended by adding a subdivision to read:
Subd. 4. [TRAINING FOR LOCAL ELECTION OFFICIALS.] At least
once every two years, the county auditor shall conduct training
sessions for the municipal and school district clerks in the
county. The training sessions must be conducted in the manner
provided by the secretary of state. No local election official
may administer an election without receiving training from the
county auditor.
Sec. 88. Minnesota Statutes 1998, section 204B.27, is
amended by adding a subdivision to read:
Subd. 10. [TRAINING FOR COUNTY AUDITORS; TRAINING
MATERIALS.] The secretary of state shall develop a training
program in election administration for county auditors and shall
certify each county auditor who successfully completes the
training program. The secretary of state shall provide each
county auditor with materials for use in training local election
officials and election judges.
Sec. 89. Minnesota Statutes 1998, section 204B.28,
subdivision 1, is amended to read:
Subdivision 1. [TRAINING PROGRAM FOR MEETING WITH ELECTION
OFFICIALS.] At least 12 weeks before each state primary
regularly scheduled general election, each county auditor shall
conduct a training program for meeting with local election
officials to review the procedures for the election. The county
auditor may require the municipal clerks and the chairs of the
election boards in the county to meet for this training program
before the election at a time and place set by the county
auditor. The training program shall include instruction in
election procedures and the duties of municipal clerks and
election judges. The chairs of the election boards shall be
compensated by the municipalities for the incidental expenses
incurred by them to attend a training program attend this
meeting.
Sec. 90. Minnesota Statutes 1998, section 240A.09, is
amended to read:
240A.09 [PLAN DEVELOPMENT; CRITERIA.]
The Minnesota amateur sports commission shall develop a
plan to promote the development of proposals for new statewide
public ice facilities including proposals for ice centers and
matching grants based on the criteria in this section.
(a) For ice center proposals, the commission will give
priority to proposals that come from more than one local
government unit. Institutions of higher education are not
eligible to receive a grant.
(b) In the metropolitan area as defined in section 473.121,
subdivision 2, the commission is encouraged to give priority to
the following proposals:
(1) proposals for construction of two or more ice sheets in
a single new facility;
(2) proposals for construction of an additional sheet of
ice at an existing ice center;
(3) proposals for construction of a new, single sheet of
ice as part of a sports complex with multiple sports facilities;
and
(4) proposals for construction of a new, single sheet of
ice that will be expanded to a two-sheet facility in the future.
(c) The commission shall administer a site selection
process for the ice centers. The commission shall invite
proposals from cities or counties or consortia of cities. A
proposal for an ice center must include matching contributions
including in-kind contributions of land, access roadways and
access roadway improvements, and necessary utility services,
landscaping, and parking.
(d) Proposals for ice centers and matching grants must
provide for meeting the demand for ice time for female groups by
offering up to 50 percent of prime ice time, as needed, to
female groups. For purposes of this section, prime ice time
means the hours of 4:00 p.m. to 10:00 p.m. Monday to Friday and
9:00 a.m. to 8:00 p.m. on Saturdays and Sundays.
(e) The location for all proposed facilities must be in
areas of maximum demonstrated interest and must maximize
accessibility to an arterial highway.
(f) To the extent possible, all proposed facilities must be
dispersed equitably, must be located to maximize potential for
full utilization and profitable operation, and must accommodate
noncompetitive family and community skating for all ages.
(g) The commission may also use the funds money to upgrade
current facilities, purchase girls' ice time, or conduct amateur
women's hockey and other ice sport tournaments.
(h) To the extent possible, 50 percent of all grants must
be awarded to communities in greater Minnesota.
(i) To the extent possible, technical assistance shall be
provided to Minnesota communities by the commission on ice arena
planning, design, and operation, including the marketing of ice
time.
(j) A grant for new facilities may not exceed $250,000.
(k) The commission may use funds make grants for
rehabilitation and renovation grants. A rehabilitation or
renovation grant may not exceed $100,000. Priority must be
given to grant applications for indoor air quality improvements,
including zero emission ice resurfacing equipment.
(k) (l) Grant funds money may be used for ice centers
designed for sports other than hockey.
(m) Grant money may be used to upgrade existing facilities
to comply with the bleacher safety requirements of section
16B.616.
Sec. 91. [240A.12] [GRANTS FOR ATHLETIC FACILITIES AND
PROGRAMS.]
Subdivision 1. [GRANTS.] The commission may make matching
grants to political subdivisions of the state:
(1) to acquire and better public land and buildings and
other public improvements of a capital nature to be used for
community facilities and related infrastructure primarily for
amateur athletics;
(2) to renovate existing facilities used primarily for
amateur athletics;
(3) to support recreational programs for children and
adolescents; and
(4) to support special events involving amateur athletics.
Subd. 2. [GEOGRAPHIC DISPERSAL.] To the extent possible,
over time, the commission shall disperse grants equally among
the state's congressional districts and award one-half of all
grants to communities or institutions outside the metropolitan
area as defined in section 473.121, subdivision 2.
Subd. 3. [MAXIMUM GRANTS AND MATCHING CONTRIBUTIONS.] Each
grant under this section must be matched by recipient
communities or institutions in accordance with this
subdivision. A matching contribution may include an in-kind
contribution of land, access roadways and access roadway
improvements, and necessary utility services, landscaping, and
parking. A grant for new facilities may not exceed $100,000 and
must be matched by the recipient at a rate of four times the
amount of the grant. A grant for renovation of existing
facilities may not exceed $50,000 and must be matched equally by
the recipient. A grant for recreational programs may not exceed
$20,000 and must be matched equally by the recipient. A grant
for a special event or program may not exceed $100,000 and must
be matched equally by the recipient.
Sec. 92. Minnesota Statutes 1998, section 297F.08, is
amended by adding a subdivision to read:
Subd. 8a. [REVOLVING ACCOUNT.] A heat-applied cigarette
tax stamp revolving account is created. The commissioner shall
use the amounts in this fund to purchase heat-applied stamps for
resale. The commissioner shall charge distributors for the tax
value of the stamps they receive along with the commissioner's
cost to purchase the stamps and ship them to the distributor.
The stamp purchase and shipping costs recovered must be credited
to the revolving account and are appropriated to the
commissioner for the further purchases and shipping costs. The
revolving account is initially funded by a $40,000 transfer from
the department of revenue.
Sec. 93. [325F.015] [UNSAFE BLEACHERS.]
A person shall not manufacture, sell, distribute, or
install bleachers within this state that do not comply with
section 16B.616. For purposes of this section, "person" means
an individual, public or private entity, however organized, or a
unit of state or local government.
Sec. 94. Minnesota Statutes 1998, section 325K.03, is
amended by adding a subdivision to read:
Subd. 4. [CERTIFICATION PRACTICE STATEMENT.] The secretary
in the role of licensed certification authority may adopt and
amend a certification practice statement without using the
provisions of chapter 14.
Sec. 95. Minnesota Statutes 1998, section 325K.04, is
amended to read:
325K.04 [FEES.]
(a) The secretary may adopt rules establishing shall set
reasonable fees for all services rendered under this chapter, in
amounts sufficient to compensate for the costs of all
services provided by the secretary under this chapter. All fees
recovered by the secretary must be deposited in the state
general fund. Until July 1, 2001, the fees need not be set by
rule.
(b) The digital signature account is created in the special
revenue fund. All fees recovered by the secretary must be
deposited in the digital signature account. Money in the
digital signature account is appropriated to the secretary to
pay the costs of all services provided by the secretary.
Sec. 96. Minnesota Statutes 1998, section 325K.05,
subdivision 1, is amended to read:
Subdivision 1. [LICENSE CONDITIONS.] To obtain or retain a
license, a certification authority must:
(1) be the subscriber of a certificate published in a
recognized repository;
(2) employ as operative personnel only persons who have not
been convicted within the past 15 years of a felony or a crime
involving fraud, false statement, or deception;
(3) employ as operative personnel only persons who have
demonstrated knowledge and proficiency in following the
requirements of this chapter;
(4) file with the secretary a suitable guaranty, unless the
certification authority is a department, office, or official of
a federal, state, city, or county governmental entity that is
self-insured;
(5) use a trustworthy system, including a secure means for
limiting access to its private key;
(6) present proof to the secretary of having working
capital reasonably sufficient, according to rules adopted by the
secretary, to enable the applicant to conduct business as a
certification authority;
(7) register its business organization with the secretary,
unless the applicant is a governmental entity or is otherwise
prohibited from registering; and
(8) require a potential subscriber to appear in person
before the certification authority, or an agent of the
certification authority, to prove the subscriber's identity
before a certificate is issued to the subscriber; and
(9) comply with all further licensing requirements
established by rule by the secretary.
The secretary may, by rule, establish standards by which the
in-person registration required in clause (8) may be waived.
Sec. 97. Minnesota Statutes 1998, section 325K.09, is
amended by adding a subdivision to read:
Subd. 3. [ACCEPTANCE.] A recipient who accepts a digital
signature when the certificate was issued by a licensed
certification authority becomes a party to and accepts all of
the terms and conditions of the licensed certification
authority's certification practice statement.
Sec. 98. Minnesota Statutes 1998, section 325K.10,
subdivision 5, is amended to read:
Subd. 5. [ORDER OF SUSPENSION OR REVOCATION.] The
secretary may order the licensed certification authority to
suspend or revoke a certificate that the certification authority
issued if, after giving any required notice and opportunity for
the certification authority and subscriber to be heard in
accordance with the Administrative Procedure Act, chapter 14,
the secretary determines that:
(1) the certificate was issued without substantial
compliance with this section; and
(2) the noncompliance poses a significant risk to persons
reasonably relying on the certificate.
Upon determining that an emergency requires an immediate
remedy, and in accordance with the Administrative Procedure Act,
chapter 14, the secretary may issue an order suspending a
certificate for a period not to exceed 48 96 hours.
Sec. 99. Minnesota Statutes 1998, section 325K.14, is
amended by adding a subdivision to read:
Subd. 9. [ADMINISTRATIVE PROCEDURES.] For purposes of this
section, the provisions of chapter 14 do not apply when the
secretary acts as a licensed certification authority for
governmental entities.
Sec. 100. Minnesota Statutes 1998, section 325K.15, is
amended by adding a subdivision to read:
Subd. 8. [ADMINISTRATIVE PROCEDURES.] For purposes of this
section, the provisions of chapter 14 do not apply when the
secretary acts as a licensed certification authority for
governmental entities.
Sec. 101. Minnesota Statutes 1998, section 349.163,
subdivision 4, is amended to read:
Subd. 4. [INSPECTION OF MANUFACTURERS.] Employees of the
board and the division of alcohol and gambling enforcement may
inspect the books, records, inventory, and business premises of
a licensed manufacturer without notice during the normal
business hours of the manufacturer. The board may charge a
manufacturer for the actual cost of conducting scheduled or
unscheduled inspections of the manufacturer's facilities, where
the amount charged to the manufacturer for such inspections in
any year does not exceed $7,500. The board shall deposit in a
separate account in the state treasury all money received as
reimbursement for the costs of inspections. Until July 1, 1999,
Money in the account is appropriated to the board to pay the
costs of the inspections.
Sec. 102. Laws 1993, chapter 192, section 16, is amended
to read:
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. 103. Laws 1994, chapter 643, section 69, subdivision
1, is amended to read:
Subdivision 1. [TASK FORCE MEMBERSHIP.] An 18-member A
19-member planning task force for library and information
services shall be established and shall be composed of: three
representatives appointed by the chancellor of the higher
education board, one of whom may be serving on the MINITEX
advisory committee; two representatives appointed by the
president of the University of Minnesota, one of whom may be
serving on the MINITEX advisory committee; one representative
appointed by the president of the Minnesota private college
council; the director of MINITEX; one representative appointed
by the commissioner of finance; one representative appointed by
the commissioner of administration; one representative appointed
by the executive director of the Minnesota higher education
coordinating board; the director of the office of library
development and services; five representatives of public
libraries appointed by the director of library development and
services; two representatives of elementary and secondary
schools appointed by the commissioner of education; and one
representative appointed by the governor. The executive
director of the Minnesota higher education coordinating board
shall confer with the other appointing authorities to ensure
that at least one-half of the task force members are employed in
occupations unrelated to library science. The executive
director of the Minnesota higher education coordinating board
shall convene the first meeting of the task force.
Sec. 104. Laws 1995, First Special Session chapter 3,
article 12, section 7, subdivision 1, as amended by Laws 1997,
First Special Session chapter 4, article 9, section 2, and Laws
1998, chapter 270, section 4, is amended to read:
Subdivision 1. [STATE COUNCIL MEMBERSHIP.] The membership
of the Minnesota education telecommunications council
established in Laws 1993, First Special Session chapter 2, is
expanded to include representatives of elementary and secondary
education. The membership shall consist of three
representatives from the University of Minnesota; three
representatives of the board of trustees for Minnesota state
colleges and universities; one representative of the higher
education services offices; one representative appointed by the
private college council; eight representatives selected by the
commissioner of children, families, and learning, at least one
of which must come from each of the six higher education
telecommunication regions; the director commissioner of the
office of technology administration; two members each from the
senate and the house of representatives selected by the
subcommittee on committees of the committee on rules and
administration of the senate and the speaker of the house, one
member from each body must be a member of the minority party;
and three representatives of libraries, one representing
regional public libraries, one representing multitype libraries,
and one representing community libraries, selected by the
governor. The council shall:
(1) develop a statewide vision and plans for the use of
distance learning technologies and provide leadership in
implementing the use of such technologies;
(2) recommend to the commissioner and the legislature by
December 15, 1996, a plan for long-term governance and a
proposed structure for statewide and regional
telecommunications;
(3) recommend educational policy relating to
telecommunications;
(4) determine priorities for use;
(5) oversee coordination of networks for post-secondary
campuses, K-12 education, and regional and community libraries;
(6) review application for telecommunications access grants
under Minnesota Statutes, section 124C.74, and recommend to the
department grants for funding;
(7) determine priorities for grant funding proposals; and
(8) work with the office of technology to ensure
consistency of the operation of the learning network with
standards of an open system architecture.
The council shall consult with representatives of the
telecommunication industry in implementing this section.
Sec. 105. Laws 1995, First Special Session chapter 3,
article 12, section 10, is amended to read:
Sec. 10. [ELECTRONIC COST REDUCTION.]
The commissioner of education shall identify methods to
reduce the costs of Internet access for school districts. The
commissioner shall work in conjunction with MNet the state
information infrastructure, the department of administration,
and the telecommunication industry to provide Internet access
and long distance phone service at a favorable group rate.
Sec. 106. Laws 1997, chapter 202, article 2, section 61,
is amended to read:
Sec. 61. [VOLUNTARY UNPAID LEAVE OF ABSENCE.]
Appointing authorities in state government shall encourage
may allow each employee to take an unpaid leave of absence for
up to 160 hours during the period ending June 30, 1999 2001.
Each appointing authority approving such a leave shall allow the
employee to continue accruing vacation and sick leave, be
eligible for paid holidays and insurance benefits, accrue
seniority, and accrue service credit in state retirement plans
permitting service credits for authorized leaves of absence as
if the employee had actually been employed during the time of
the leave. If the leave of absence is for one full pay period
or longer, any holiday pay shall be included in the first
payroll warrant after return from the leave of absence. The
appointing authority shall attempt to grant requests for unpaid
leaves of absence consistent with the need to continue efficient
operation of the agency. However, each appointing authority
shall retain discretion to grant or refuse to grant requests for
leaves of absence and to schedule and cancel leaves, subject to
applicable provisions of collective bargaining agreements and
compensation plans.
Sec. 107. Laws 1998, chapter 366, section 2, is amended to
read:
Sec. 2. LEGISLATURE 25,000
This appropriation is to the
legislative coordinating commission for
a grant to the Council of State
Governments to organize and fund a
series of meetings between members of
the Minnesota legislature and members
of the Manitoba and Ontario
parliaments. Approximately Up to six
members of each body may attend the
meetings. Meetings may involve all
three bodies or the legislature and one
of the parliaments. The meetings shall
be at the capital cities of the state
or of the provinces. This
appropriation is available until June
30, 2000.
Sec. 108. [URBAN DEVELOPMENT ENVIRONMENTAL STEERING
COMMITTEE.]
Subdivision 1. [COMMITTEE; DEFINITION.] (a) The
environmental quality board shall establish an urban development
environmental steering committee consisting of representatives
of developers, environmental interests, agricultural landowners,
and other stakeholders. The urban development environmental
steering committee shall advise the environmental quality board
on the scope and content of the generic environmental impact
statement required in subdivision 2.
(b) Compensation of members and reimbursement of their
expenses is governed by Minnesota Statutes, section 15.059. The
committee expires upon completion of the generic environmental
impact statement required in subdivision 2 and presentation of
the report to the legislature.
(c) For the purposes of this section, "urban development"
means development in:
(1) cities with more than 15,000 population; and
(2) areas with densities greater than 200 people per square
mile in proximity to cities with more than 15,000 population.
Subd. 2. [GENERIC ENVIRONMENTAL IMPACT STATEMENT.] A
generic environmental impact statement must be prepared under
the direction of the environmental quality board to examine the
long-term effects of urban development, past, present, and
future, upon the economy, environment, and way of life of the
residents of this state. The study may address:
(1) the overall dimension of urban development in this
state, including the past and current trends of settlement and
population growth, the types and location of urban development,
and the relationship of past and current development patterns to
existing land use policies;
(2) environmental quality issues associated with urban
development such as the effects of urban development on air,
groundwater, surface water, and land, including the impact of
urban development on the loss of agricultural land in urbanizing
areas;
(3) economic issues such as the comparative economic impact
of alternative means of urban development, including the
economic efficiency of the alternatives;
(4) social issues such as the comparative social impact of
alternative means of urban development; and
(5) the roles of various units of government in regulating
various aspects of land use decisions.
Sec. 109. [STATE TRAVEL OFFICE.]
Subdivision 1. [STUDY.] The commissioner of administration
shall study the feasibility and potential advantages of
establishing a state travel office in the executive branch to
manage and oversee arrangements for air and surface travel by
state employees and officials. In conducting the study, the
commissioner shall consider travel procedures currently used by
the state in comparison with those used by the federal
government, other states, and private businesses.
Subd. 2. [ISSUES.] The study required by subdivision 1
must address, at a minimum:
(1) the relative merits of central versus decentralized
management and oversight of travel;
(2) current procedures used by the legislative, judicial,
and executive branches of the state as well as the Minnesota
state colleges and universities and the University of Minnesota;
(3) statutory and other authority necessary to manage and
oversee state travel;
(4) the relative merits of state operation of travel
services versus the provision of travel services by travel
agencies under contract;
(5) the use of one travel agency versus several preferred
agencies;
(6) the criteria used in selecting the preferred agencies;
(7) managing frequent-flier miles versus other options; and
(8) the use of Internet-based travel authorization and
booking versus traditional methods.
Subd. 3. [REPORT.] The commissioner shall report to the
legislature on the conclusions of the study by January 15,
2000. The report must include recommendations for any
legislation that might be necessary to implement the report's
conclusions.
Sec. 110. [BUDGET PRINCIPLES; BUDGET REVIEW.]
Subdivision 1. [PRINCIPLES.] The legislative commission on
planning and fiscal policy shall establish principles and
standards related to budgeting that simplify the process,
minimize the number of state funds and special accounts, and are
consistent with generally accepted accounting principles. The
principles must define when it is appropriate to create special
or dedicated funds and accounts, when it is appropriate to
create open appropriations from the general fund and open
appropriations of dedicated receipts, and the appropriate level
of budgetary reserves.
Subd. 2. [REVIEW OF PAST BUDGET ACTIONS.] With the
assistance of the commissioner of finance and staff of the house
and senate, the commission shall:
(1) review the biennial budget instructions issued by the
commissioner of finance for the 2000-2001 biennial budget,
specifically instructions on how to establish the budget base,
the inflation factors used, how to calculate caseload
adjustments, and related program requirements;
(2) review all statutory open and standing appropriations
and identify any that are inconsistent with the commission's
principles;
(3) review all reserve accounts and the level of reserves
and identify any that are inconsistent with the commission's
principles; and
(4) review other related issues as deemed appropriate by
the commission.
Subd. 3. [PROCESS TO REVIEW FUTURE BUDGET ACTIONS.] The
commission, in consultation with the commissioner of finance,
shall develop and recommend to the legislature a process whereby
a bill that affects the budget may be reviewed to determine
whether the appropriations and accounts it creates are
consistent with the principles adopted by the commission. The
commission shall consider how this review should be coordinated
or integrated with the process for creating fiscal notes and
whether the review should be done by staff of the executive
branch or by staff of the legislative branch.
Subd. 4. [REPORT.] The commission shall report the
principles and standards it has established, the results of its
review of past budget actions, and its recommended process for
reviewing future budget actions to the legislature and the
governor by December 1, 1999.
Sec. 111. [LOAN REPAYMENT.]
The loan made by the Minneapolis community development
agency to the Minneapolis park and recreation board in 1986 to
acquire property for the central riverfront regional park must
not be repaid by any funds from the state of Minnesota or funds
of political subdivisions of the state, including the
metropolitan council.
Sec. 112. [EMPLOYEE ASSISTANCE PROGRAM; TRANSFER.]
Responsibility for the state employee assistance program
under Minnesota Statutes, section 16B.39, subdivision 2, is
transferred from the commissioner of administration to the
commissioner of employee relations under Minnesota Statutes,
section 15.039.
Sec. 113. [OFFICE OF TECHNOLOGY; TRANSFER.]
In accordance with Minnesota Statutes, sections 15.039 and
43A.045, the responsibilities of the executive director of the
office of technology under Minnesota Statutes, chapter 16E, and
otherwise, are transferred to the commissioner of administration.
Sec. 114. [INSTRUCTION TO REVISOR.]
(a) The revisor of statutes shall renumber Minnesota
Statutes, section 256.482, subdivision 5a, as Minnesota
Statutes, section 16B.055, subdivision 2, and renumber the
existing text of Minnesota Statutes, section 16B.055, as
subdivision 1.
(b) In the next edition of Minnesota Statutes, the revisor
of statutes shall change the term "executive director of the
office of technology" to "commissioner of administration" and
the term "executive director," wherever it refers to the
executive director of the office of technology, to
"commissioner."
(c) The revisor of statutes shall renumber Minnesota
Statutes, section 16B.39, subdivision 2, in chapter 43A.
Sec. 115. [REPEALER.]
(a) Minnesota Rules, part 8275.0045, subpart 2, is repealed.
(b) Minnesota Statutes 1998, sections 15.90; 15.91; 15.92;
16A.103, subdivision 3; 16E.11; 16E.12; and 16E.13, are repealed.
(c) Laws 1991, chapter 235, article 5, section 3, as
amended by Laws 1995, chapter 254, article 1, section 91, is
repealed.
(d) Minnesota Statutes 1998, section 16A.1285, subdivisions
4 and 5, are repealed.
(e) Minnesota Statutes 1998, sections 207A.01; 207A.02;
207A.03; 207A.04; 207A.06; 207A.07; 207A.08; 207A.09; and
207A.10, are repealed.
(f) S.F. No. 2223 of the 1999 regular session, if enacted,
is repealed.
(g) Minnesota Statutes 1998, sections 4A.08; 4A.09; and
4A.10, are repealed.
Sec. 116. [EFFECTIVE DATE.]
(a) Section 41 is effective January 1, 2001. Section 43 is
effective July 1, 2000, with respect to preparation of the model
policies and procedures by the commissioner of administration,
and January 1, 2001, with respect to the other provisions of
section 43.
(b) Sections 62 to 64 and 93 are effective January 1, 2001.
(c) Sections 94 to 100 are effective the day following
final enactment.
(d) Sections 47, 49, 55, and 115, paragraphs (d) and (g),
are effective July 1, 2001.
(e) Section 61 is effective the day following final
enactment and applies only to contracts executed on or after
that date.
(f) The commissioner of employee relations may not
implement the long-term care insurance plan under section 78
until April 1, 2000.
ARTICLE 2
YEAR 2000
Section 1. Minnesota Statutes 1998, section 12.31,
subdivision 2, is amended to read:
Subd. 2. [DECLARATION OF PEACETIME EMERGENCY.] The
governor may declare a peacetime emergency. A peacetime
declaration of emergency may be declared only when an act of
nature, a technological failure or malfunction, a terrorist
incident, an industrial accident, a hazardous materials
accident, or a civil disturbance endangers life and property and
local government resources are inadequate to handle the
situation. It must not be continued for more than five days
unless extended by resolution of the executive council up to 30
days. An order, or proclamation declaring, continuing, or
terminating an emergency must be given prompt and general
publicity and filed with the secretary of state.
Sec. 2. Minnesota Statutes 1998, section 12.37, is amended
to read:
12.37 [POLITICAL SUBDIVISIONS, AUTHORITY TO ENTER INTO
CONTRACTS.]
During an emergency or disaster, each political
subdivision, notwithstanding any statutory or charter provision
to the contrary, and through its governing body acting within or
without the corporate limits of the political subdivision, may:
(1) enter into contracts and incur obligations necessary to
combat the disaster by protecting the health and safety of
persons and property and by providing emergency assistance to
the victims of the disaster; and
(2) exercise the powers vested by this subdivision in the
light of the exigencies of the disaster without compliance with
time-consuming procedures and formalities prescribed by law
pertaining to:
(i) the performance of public work;
(ii) entering into contracts;
(iii) incurring of obligations;
(iv) employment of temporary workers;
(v) rental of equipment;
(vi) purchase of supplies and materials;
(vii) limitations upon tax levies; and
(viii) the appropriation and expenditure of public funds,
for example, but not limited to, publication of ordinances and
resolutions, publication of calls for bids, provisions of civil
service laws and rules, provisions relating to low bids, and
requirements for budgets.
The failure or malfunction of public infrastructure or
systems critical to the delivery of municipal services due to
year 2000 problems with computers and electronically controlled
devices shall constitute an emergency for the purposes of this
section.
Sec. 3. [604B.04] [YEAR 2000 ACTIVITIES; IMMUNITY.]
Subdivision 1. [DEFINITIONS.] For the purpose of this
section, the terms defined in this section have the meanings
given them.
Subd. 2. [ASSOCIATION.] "Association" means a trade,
professional, governmental, or similar organization the members
of which are individuals, enterprises, or governmental units
engaged in similar lines of business, services, or activity.
Subd. 3. [STATE AGENCY.] "State agency" means the
University of Minnesota, Minnesota state colleges and
universities, and the departments, boards, agencies, and
commissions in the executive, judicial, and legislative branches.
Subd. 4. [YEAR 2000 SOLUTION INFORMATION.] "Year 2000
solution information" means information related to solutions
that address the inability of computer systems, software, or
electronically controlled devices to recognize certain dates in
1999 and after December 31, 1999. That inability may cause
disruptions in electronic communications or the functioning of
electronically controlled equipment resulting or reasonably
anticipated to result from erroneous data that is or may be
supplied by electronic devices.
Subd. 5. [ASSOCIATION AND RELATED IMMUNITY.] No cause of
action may be maintained against an association for damages or
harm resulting from the collection of year 2000 solution
information or the publication of that information or against
any person or entity for providing year 2000 solution
information to the association.
Subd. 6. [STATE AGENCY IMMUNITY.] No cause of action may
be maintained against a state agency for damages or harm
resulting from the collection of year 2000 solution information
or the publication of that information.
Subd. 7. [GOVERNMENTAL UNIT IMMUNITY.] No cause of action
may be maintained against a governmental unit as defined in
section 462.384, subdivision 2, including governmental units
acting jointly under section 471.59, for damages or harm
resulting from the collection, publication, or dissemination of
year 2000 solution information to other governmental units or to
the metropolitan council or agencies.
Subd. 8. [EXCEPTION.] Subdivisions 5 to 7 do not apply if
the party against whom the claim is brought knew in fact that
the year 2000 solution information provided was materially false.
Subd. 9. [NO IMPLIED CAUSE OF ACTION CREATED.] No
liability on the part of any person or any public or private
entity is implied or created by this section by the absence of a
grant of immunity under this section.
Sec. 4. [EMERGENCIES.]
(a) The governor may declare an emergency under this
section for purposes of Minnesota Statutes, sections 12.31,
12.36, and 12.37. The governor may declare an emergency under
authority of this section only to the extent that actual or
potential failure of computers or electronically controlled
devices creates an actual or imminent serious threat to the
health or safety of persons or an actual or imminent threat of
catastrophic loss to property or the environment.
(b) A declaration for purposes of Minnesota Statutes,
section 12.31, must be made according to procedures in that
section.
(c) The governor may declare an emergency under this
section for purposes of Minnesota Statutes, section 12.36 or
12.37, without declaring a peacetime emergency under Minnesota
Statutes, section 12.31. A declaration for purposes of
Minnesota Statutes, section 12.36 or 12.37, may specify that it
applies to all or certain units of state or local government,
must specify the time period for which it applies, and must be
filed with the secretary of state.
(d) This section is in addition to and does not limit
authority granted to the governor or local government officials
by Minnesota Statutes, chapter 12, or other law.
(e) After April 1, 2000, the governor may not use this
section as authority to declare an emergency.
(f) If an emergency is declared under authority of this
section, a unit of state or local government may omit compliance
with the procedures and law listed in Minnesota Statutes,
sections 12.36, paragraph (a), clause (2), and 12.37, clause
(2), only to the extent necessary to protect health and safety
of persons or avoid catastrophic loss to property or the
environment. A unit of state or local government must report to
the year 2000 project office in the department of administration
on omitting compliance with procedures and laws. The report
must be filed within 30 days of the action that did not comply
with the customary laws.
Sec. 5. [YEAR 2000 PROBLEM REPORTS.]
All electric utilities, as defined in Minnesota Statutes,
section 216B.38, subdivision 5, and telephone companies, as
defined in Minnesota Statutes, section 237.01, subdivisions 2
and 3, must file status reports on year 2000 problems with the
public utilities commission and the department of public
service, with a copy to the division of emergency management of
the department of public safety, on July 1 and October 1, 1999.
The status report must include a statement of the percentage of
the assessment phase that has been completed to date, the
percentage of the remediation phase that has been completed to
date, and the percentage of the testing of corrective actions
phase that has been completed to date. The foregoing questions,
along with others deemed appropriate, must be included in a Y2K
status report form that must be provided by the department of
public safety, division of emergency management. If a report
indicates that all year 2000 problems have been remediated, an
entity need not file a subsequent report unless there has been a
change.
Sec. 6. [YEAR 2000 PROBLEM EXEMPTION FROM UNIFORM
MUNICIPAL CONTRACTING LAW.]
Subdivision 1. [MUNICIPAL CONTRACTS.] Minnesota Statutes,
section 471.345, does not apply to the purchase or rental of
supplies, materials, and equipment nor to the construction,
alteration, repair, and maintenance of real or personal property
if the governing body of a municipality determines that there is
an urgency due to the actual or potential failure or malfunction
of public infrastructure or systems critical to the delivery of
municipal services due to year 2000 problems with computers and
electronically controlled devices.
Subd. 2. [SPECIAL PROCEDURE.] A contract exempted from
Minnesota Statutes, section 471.345, by subdivision 1 may, at
the discretion of the municipality, be made by direct
negotiation by obtaining two or more quotations or in the open
market. All quotations shall be kept on file for a period of at
least one year after receipt.
Subd. 3. [APPLICABILITY OF OTHER LAWS.] This section
supersedes any inconsistent law.
Subd. 4. [REPORTS.] A municipality must report to the year
2000 project office in the department of administration on each
instance in which it omitted compliance with the uniform
municipal contracting law under authority of this section.
Subd. 5. [EXPIRATION.] This section applies only to a
contract entered into or goods or services purchased before
April 1, 2000.
Sec. 7. [YEAR 2000 PROBLEM; LOCAL GOVERNMENT DEBT.]
Subdivision 1. [SCOPE.] For the purpose of this section,
the terms defined in subdivisions 2 to 4 have the meanings given
them.
Subd. 2. [YEAR 2000 PROBLEM.] "Year 2000 problem" means
disruptions in electronic communications or the functioning of
electronically controlled equipment resulting or reasonably
anticipated to result from erroneous data that is or may be
supplied by electronic devices in 1999 or on or after January 1,
2000.
Subd. 3. [POLITICAL SUBDIVISION.] "Political subdivision"
means a home rule charter city, a statutory city, a school
district, a county, a town, the metropolitan council, or any
local governmental entity authorized by general or special law
or charter to own and operate electronically controlled
equipment.
Subd. 4. [YEAR 2000 PROBLEM REMEDIATION COST.] "Year 2000
problem remediation cost" means a cost or expense of any nature
incurred by a political subdivision in planning for and taking
remedial or preventive action to prepare for or correct the year
2000 problem.
Subd. 5. [AUTHORITY.] Any law or charter provision
authorizing a political subdivision to borrow money and incur
debt is deemed to include the authority to borrow money and
incur that debt for year 2000 problem remediation.
Debt incurred for year 2000 problem remediation is not
subject to debt limits and notwithstanding any contrary
provision of law or charter provision, need not be approved by
the voters of a political subdivision. A political subdivision
not otherwise authorized to borrow money and incur debt may,
with approval of the appropriate governmental subdivision with
taxing authority, incur debt for year 2000 problem remediation
in the same manner and subject to the same limitations as
statutory cities. A debt may not be incurred until the year
2000 project office in the department of administration
certifies to the commissioner of revenue that the proposed use
of the debt is related only to remediation of a year 2000
problem.
Subd. 6. [SUNSET.] The authority to incur debt under this
section expires December 31, 2000, provided that debt incurred
under this section need not be repaid until December 31, 2005.
Subd. 7. [INTERPRETATION.] This section is to be construed
liberally to achieve its purpose.
Sec. 8. [DEPARTMENT OF HEALTH; YEAR 2000 ACTIVITY.]
Subdivision 1. [DEPARTMENT OF HEALTH SURVEY.] The
department of health must, by July 30, 1999, survey all
hospitals, nursing homes, nontransient noncommunity water
systems operated by a public entity, and community water supply
systems for year 2000 problems and solutions related to their
operations. The department, upon request, must disseminate
information about those year 2000 problems and proposed
solutions to hospitals, nursing homes, and water supply system
operators in a prompt and reasonable manner.
Subd. 2. [STATUS REPORTS.] All hospitals, nursing homes,
nontransient noncommunity water systems operated by a public
entity, and community water supply systems must file status
reports on year 2000 problems with the department of health,
with a copy to the division of emergency management of the
department of public safety, on July 1 and October 1, 1999. The
status report must include a statement of the percentage of the
assessment phase that has been completed to date, the percentage
of the remediation phase that has been completed to date, and
the percentage of the testing of corrective actions phase that
has been completed to date. The foregoing questions, along with
others deemed appropriate, must be included in a Y2K status
report form that must be provided by the department of public
safety, division of emergency management. If there has been no
change since the previous report, the report may indicate only
that no change has occurred.
Sec. 9. [DEPARTMENT OF HUMAN SERVICES; YEAR 2000
ACTIVITY.]
If year 2000 computer problems create a failure or
malfunction in the infrastructure or systems used by the
department of human services for payment to health care
providers under state government programs or counties, the
commissioner of human services shall continue to pay all health
care providers paid under state government programs or counties
by manual warrant or other measures within the statutorily
required time period.
Sec. 10. [STATUS REPORTS.]
(a) The recipients of the status reports required by
sections 5 and 8, subdivision 2, including the division of
emergency management, shall consult with those required to file
those reports concerning the form of the report.
(b) All reports provided under sections 5 and 8 shall be
considered Year 2000 Readiness Disclosures.
Sec. 11. [USE OF STATUS REPORTS AS EVIDENCE PROHIBITED.]
The status reports required by sections 5 and 8,
subdivision 2, may not be used as evidence in any action seeking
damages or other relief because of a year 2000 problem.
Sec. 12. [YEAR 2000 LOAN FUND.]
(a) $20,000,000 is appropriated from the general fund in
fiscal year 2000 to the commissioner of finance to capitalize a
fund, to be used to make loans to school districts; counties;
joint powers boards; home rule charter and statutory cities; and
towns to meet the costs they incur in addressing year 2000
problems.
(b) A loan may not be made until the year 2000 project
office of the department of administration certifies to the
commissioner of finance that:
(1) the proposed use of the loan is related only to
remediation of a year 2000 problem;
(2) the unit of local government has insufficient resources
available to address year 2000 problems; and
(3) the loan would be used to remediate problems that are
likely to affect public health and safety or cause catastrophic
loss to property or the environment.
(c) The local units of government that received the loans
must repay them by June 30, 2001. Interest is payable on the
loan at the rate earned by the state on invested treasurer's
cash, as determined monthly by the commissioner of finance.
Repayments must be deposited in the general fund.
(d) A unit of local government receiving a loan under this
section must report to the year 2000 project office in the
department of administration within 60 days of receiving the
loan. The report must state how the loan was used in accordance
with the criteria of paragraph (b).
(e) This appropriation cancels April 1, 2000.
Any canceled money must be deposited in the general fund.
Sec. 13. [COMMISSIONER REVIEW.]
The commissioner of administration, through staff of the
Y2K project office, is responsible for reviewing use of
emergency authority and emergency funds under this act and shall
review reports from state agencies and political subdivisions
under sections 4, 5, 6, and 12. If the commissioner determines
that funds obtained under section 12 were not used in a manner
consistent with the requirements of section 12, paragraph (b),
the political subdivision must pay interest on the loan at the
rate of 12 percent, compounded annually from the time the loan
was received.
Sec. 14. [EFFECTIVE DATE.]
Section 3 is effective the day following final enactment
and does not affect or apply to any lawsuit pending on the
effective date. Sections 1, 2, and 4 to 13 are effective the
day following final enactment.
ARTICLE 3
CONFORMING CHANGES
Section 1. Minnesota Statutes 1998, section 14.131, is
amended to read:
14.131 [STATEMENT OF NEED AND REASONABLENESS.]
Before the agency orders the publication of a rulemaking
notice required by section 14.14, subdivision 1a, the agency
must prepare, review, and make available for public review a
statement of the need for and reasonableness of the rule. The
statement of need and reasonableness must be prepared under
rules adopted by the chief administrative law judge and must
include the following to the extent the agency, through
reasonable effort, can ascertain this information:
(1) a description of the classes of persons who probably
will be affected by the proposed rule, including classes that
will bear the costs of the proposed rule and classes that will
benefit from the proposed rule;
(2) the probable costs to the agency and to any other
agency of the implementation and enforcement of the proposed
rule and any anticipated effect on state revenues;
(3) a determination of whether there are less costly
methods or less intrusive methods for achieving the purpose of
the proposed rule;
(4) a description of any alternative methods for achieving
the purpose of the proposed rule that were seriously considered
by the agency and the reasons why they were rejected in favor of
the proposed rule;
(5) the probable costs of complying with the proposed rule;
and
(6) an assessment of any differences between the proposed
rule and existing federal regulations and a specific analysis of
the need for and reasonableness of each difference.
For rules setting, adjusting, or establishing regulatory,
licensure, or other charges for goods and services, the
statement of need and reasonableness must include the comments
and recommendations of the commissioner of finance and must
address any fiscal and policy concerns raised during the review
process, as required by section 16A.1285.
The statement must describe how the agency, in developing
the rules, considered and implemented the legislative policy
supporting performance-based regulatory systems set forth in
section 14.002.
The statement must also describe the agency's efforts to
provide additional notification to persons or classes of persons
who may be affected by the proposed rule or must explain why
these efforts were not made.
The agency must send a copy of the statement of need and
reasonableness to the legislative reference library when it
becomes available for public review.
Sec. 2. Minnesota Statutes 1998, section 14.23, is amended
to read:
14.23 [STATEMENT OF NEED AND REASONABLENESS.]
Before the date of the section 14.22 notice, the agency
shall prepare a statement of need and reasonableness, which must
be available to the public. The statement of need and
reasonableness must include the analysis required in section
14.131 and the comments and recommendations of the commissioner
of finance, and must address any fiscal and policy concerns
raised during the review process, as required by section
16A.1285. The statement must also describe the agency's efforts
to provide additional notification to persons or classes of
persons who may be affected by the proposed rules or must
explain why these efforts were not made. For at least 30 days
following the notice, the agency shall afford the public an
opportunity to request a public hearing and to submit data and
views on the proposed rule in writing.
The agency shall send a copy of the statement of need and
reasonableness to the legislative reference library when it
becomes available to the public.
Sec. 3. Minnesota Statutes 1998, section 16B.748, is
amended to read:
16B.748 [RULES.]
The commissioner may adopt rules for the following purposes:
(1) to set a fee under section 16A.1285 for processing a
construction or installation permit or elevator contractor
license application;
(2) to set a fee under section 16A.1285 to cover the cost
of elevator inspections;
(3) to establish minimum qualifications for elevator
inspectors that must include possession of a current elevator
constructor electrician's license issued by the state board of
electricity and proof of successful completion of the national
elevator industry education program examination or equivalent
experience;
(4) (2) to establish criteria for the qualifications of
elevator contractors;
(5) (3) to establish elevator standards under sections
16B.61, subdivisions 1 and 2, and 16B.64;
(6) (4) to establish procedures for appeals of decisions of
the commissioner under chapter 14 and procedures allowing the
commissioner, before issuing a decision, to seek advice from the
elevator trade, building owners or managers, and others
knowledgeable in the installation, construction, and repair of
elevators; and
(7) (5) to establish requirements for the registration of
all elevators.
Sec. 4. Minnesota Statutes 1998, section 18.54, is amended
to read:
18.54 [LOCAL SALES AND MISCELLANEOUS.]
Subdivision 1. [SERVICES AND FEES.] The commissioner may
make small lot inspections or perform other necessary services
for which another charge is not specified. For these services
the commissioner shall set a fee plus expenses that will recover
the cost of performing this service, as provided in section
16A.1285. The commissioner may set an additional acreage fee
for inspection of seed production fields for exporters in order
to meet domestic and foreign plant quarantine requirements.
Subd. 2. [VIRUS DISEASE-FREE CERTIFICATION.] The
commissioner shall have the authority to provide special
services such as virus disease-free certification and other
similar programs. Participation by nursery stock growers shall
be voluntary. Plants offered for sale as certified virus-free
must be grown according to certain procedures in a manner
defined by the commissioner for the purpose of eliminating
viruses and other injurious disease or insect pests. The
commissioner shall collect reasonable fees from participating
nursery stock growers for services and materials that are
necessary to conduct this type of work, as provided in section
16A.1285.
Sec. 5. Minnesota Statutes 1998, section 21.92, is amended
to read:
21.92 [SEED INSPECTION FUND.]
There is established in the state treasury an account known
as the seed inspection fund. Fees and penalties collected by
the commissioner under sections 21.80 to 21.92 and interest
attributable to money in the account shall be deposited into
this account. The rates at which the fees are charged may be
adjusted pursuant to section 16A.1285.
Sec. 6. Minnesota Statutes 1998, section 60A.964,
subdivision 1, is amended to read:
Subdivision 1. [AMOUNT.] The licensing fee for a viatical
settlement provider license is $750 for initial licensure and
$250 for each annual renewal. The commissioner may adjust the
fees as provided under section 16A.1285 to recover the costs of
administration and enforcement. The fees must be limited to the
cost of license administration and enforcement and must be
deposited in the state treasury, credited to a special account,
and appropriated to the commissioner.
Sec. 7. Minnesota Statutes 1998, section 60A.972,
subdivision 3, is amended to read:
Subd. 3. [FEES.] The licensing fee for a viatical
settlement broker is $750 for initial licensure and $250 for
each annual renewal. Failure to pay the renewal fee within the
time required by the commissioner results in an automatic
revocation of the license. The commissioner may adjust the fees
as provided under section 16A.1285 to recover the costs of
administration and enforcement. The fees must be limited to the
cost of license administration and enforcement and must be
deposited in the state treasury, credited to a special account,
and appropriated to the commissioner.
Sec. 8. Minnesota Statutes 1998, section 97B.025, is
amended to read:
97B.025 [ADVANCED HUNTER EDUCATION.]
The commissioner may establish advanced education courses
for hunters and trappers. The commissioner, with the approval
of the commissioner of finance, may impose a fee not to exceed
$10 for each person attending an advanced education course. The
commissioner shall establish the fee under section 16A.1285.
Sec. 9. Minnesota Statutes 1998, section 103G.301,
subdivision 2, is amended to read:
Subd. 2. [PERMIT APPLICATION FEES.] (a) An application for
a permit authorized under this chapter, and each request to
amend or transfer an existing permit, must be accompanied by a
permit application fee to defray the costs of receiving,
recording, and processing the application or request to amend or
transfer.
(b) The application fee for a permit to appropriate water,
a permit to construct or repair a dam that is subject to dam
safety inspection, a state general permit, or to apply for the
state water bank program is $75. The application fee for a
permit to work in public waters or to divert waters for mining
must be at least $75, but not more than $500, in accordance with
a schedule of fees adopted under section 16A.1285.
Sec. 10. Minnesota Statutes 1998, section 103I.525,
subdivision 9, is amended to read:
Subd. 9. [INCOMPLETE OR LATE RENEWAL.] If a licensee fails
to submit all information required for renewal in subdivision 8
or submits the application and information after the required
renewal date:
(1) the licensee must include an additional late fee set by
the commissioner under section 16A.1285; and
(2) the licensee may not conduct activities authorized by
the well contractor's license until the renewal application,
renewal application fee, late fee, and all other information
required in subdivision 8 are submitted.
Sec. 11. Minnesota Statutes 1998, section 103I.531,
subdivision 9, is amended to read:
Subd. 9. [INCOMPLETE OR LATE RENEWAL.] If a licensee fails
to submit all information required for renewal in subdivision 8
or submits the application and information after the required
renewal date:
(1) the licensee must include an additional late fee set by
the commissioner under section 16A.1285; and
(2) the licensee may not conduct activities authorized by
the limited well contractor's license until the renewal
application, renewal application fee, and late fee, and all
other information required in subdivision 8 are submitted.
Sec. 12. Minnesota Statutes 1998, section 103I.535,
subdivision 9, is amended to read:
Subd. 9. [INCOMPLETE OR LATE RENEWAL.] If a licensee fails
to submit all information required for renewal in subdivision 8
or submits the application and information after the required
renewal date:
(1) the licensee must include an additional late fee set by
the commissioner under section 16A.1285; and
(2) the licensee may not conduct activities authorized by
the elevator shaft contractor's license until the renewal
application, renewal application fee, and late fee, and all
other information required in subdivision 8 are submitted.
Sec. 13. Minnesota Statutes 1998, section 103I.541,
subdivision 5, is amended to read:
Subd. 5. [INCOMPLETE OR LATE RENEWAL.] If a registered
person submits a renewal application after the required renewal
date:
(1) the registered person must include an additional late
fee set by the commissioner under section 16A.1285; and
(2) the registered person may not conduct activities
authorized by the monitoring well contractor's registration
until the renewal application, renewal application fee, late
fee, and all other information required in subdivision 4 are
submitted.
Sec. 14. Minnesota Statutes 1998, section 115B.49,
subdivision 2, is amended to read:
Subd. 2. [REVENUE SOURCES.] Revenue from the following
sources must be deposited in the state treasury and credited to
the account:
(1) the proceeds of the fees imposed by subdivision 4;
(2) interest attributable to investment of money in the
account;
(3) penalties and interest collected under subdivision 4,
paragraph (d) (c); and
(4) money received by the commissioner for deposit in the
account in the form of gifts, grants, and appropriations.
Sec. 15. Minnesota Statutes 1998, section 115B.49,
subdivision 4, is amended to read:
Subd. 4. [REGISTRATION; FEES.] (a) The owner or operator
of a drycleaning facility shall register on or before July 1 of
each year with the commissioner of revenue in a manner
prescribed by the commissioner of revenue and pay a registration
fee for the facility. The amount of the fee is:
(1) $500, for facilities with a full-time equivalence of
fewer than five;
(2) $1,000, for facilities with a full-time equivalence of
five to ten; and
(3) $1,500, for facilities with a full-time equivalence of
more than ten.
(b) A person who sells drycleaning solvents for use by
drycleaning facilities in the state shall collect and remit to
the commissioner of revenue in a manner prescribed by the
commissioner of revenue, on or before the 20th day of the month
following the month in which the sales of drycleaning solvents
are made, a fee of:
(1) $3.50 for each gallon of perchloroethylene sold for use
by drycleaning facilities in the state; and
(2) 70 cents for each gallon of hydrocarbon-based
drycleaning solvent sold for use by drycleaning facilities in
the state.
(c) The commissioner shall, after a public hearing but
notwithstanding section 16A.1285, subdivision 4, annually adjust
the fees in this subdivision as necessary to maintain annual
income of at least:
(1) $600,000 beginning July 1, 1997;
(2) $700,000 beginning July 1, 1998; and
(3) $800,000 beginning July 1, 1999.
Any adjustment under this paragraph must be prorated among all
the fees in this subdivision. After adjustment under this
paragraph, the fees in this subdivision must not be greater than
two times their original amount. The commissioner shall notify
the commissioner of revenue of an adjustment under this
paragraph no later than March 1 of the year in which the
adjustment is to become effective. The adjustment is effective
for sales of drycleaning solvents made, and annual registration
fees due, beginning on July 1 of the same year.
(d) To enforce this subdivision, the commissioner of
revenue may examine documents, assess and collect fees, conduct
investigations, issue subpoenas, grant extensions to file
returns and pay fees, impose penalties and interest on the
annual registration fee under paragraph (a) and the monthly fee
under paragraph (b), abate penalties and interest, and
administer appeals, in the manner provided in chapters 270 and
289A. The penalties and interest imposed on taxes under chapter
297A apply to the fees imposed under this subdivision.
Disclosure of data collected by the commissioner of revenue
under this subdivision is governed by chapter 270B.
Sec. 16. Minnesota Statutes 1998, section 115B.491,
subdivision 2, is amended to read:
Subd. 2. [RETURN REQUIRED.] On or before the 20th of each
calendar month, every drycleaning facility that has purchased
drycleaning solvents for use in this state during the preceding
calendar month, upon which the fee imposed by section 115B.49,
subdivision 4, paragraph (b), has not been paid to the seller of
the drycleaning solvents, shall file a return with the
commissioner of revenue showing the quantity of solvents
purchased and a computation of the fee under section 115B.49,
subdivision 4, paragraph (d) (c). The fee must accompany the
return. The return must be made upon a form furnished and
prescribed by the commissioner of revenue and must contain such
other information as the commissioner of revenue may require.
Sec. 17. Minnesota Statutes 1998, section 115B.491,
subdivision 3, is amended to read:
Subd. 3. [APPLICABILITY.] All of the provisions of section
115B.49, subdivision 4, paragraph (d) (c), apply to this section.
Sec. 18. Minnesota Statutes 1998, section 116.07,
subdivision 4d, is amended to read:
Subd. 4d. [PERMIT FEES.] (a) The agency may collect permit
fees in amounts not greater than those necessary to cover the
reasonable costs of reviewing and acting upon applications for
agency permits and implementing and enforcing the conditions of
the permits pursuant to agency rules. Permit fees shall not
include the costs of litigation. The agency shall adopt rules
under section 16A.1285 establishing a system for charging permit
fees collected under this subdivision. The fee schedule must
reflect reasonable and routine permitting, implementation, and
enforcement costs. The agency may impose an additional
enforcement fee to be collected for a period of up to two years
to cover the reasonable costs of implementing and enforcing the
conditions of a permit under the rules of the agency. Any money
collected under this paragraph shall be deposited in the
environmental fund.
(b) Notwithstanding paragraph (a), and section 16A.1285,
subdivision 2, the agency shall collect an annual fee from the
owner or operator of all stationary sources, emission
facilities, emissions units, air contaminant treatment
facilities, treatment facilities, potential air contaminant
storage facilities, or storage facilities subject to the
requirement to obtain a permit under subchapter V of the federal
Clean Air Act, United States Code, title 42, section 7401 et
seq., or section 116.081. The annual fee shall be used to pay
for all direct and indirect reasonable costs, including attorney
general costs, required to develop and administer the permit
program requirements of subchapter V of the federal Clean Air
Act, United States Code, title 42, section 7401 et seq., and
sections of this chapter and the rules adopted under this
chapter related to air contamination and noise. Those costs
include the reasonable costs of reviewing and acting upon an
application for a permit; implementing and enforcing statutes,
rules, and the terms and conditions of a permit; emissions,
ambient, and deposition monitoring; preparing generally
applicable regulations; responding to federal guidance;
modeling, analyses, and demonstrations; preparing inventories
and tracking emissions; and providing information to the public
about these activities.
(c) The agency shall adopt fee rules in accordance with the
procedures in section 16A.1285, subdivision 5, set fees that:
(1) will result in the collection, in the aggregate, from
the sources listed in paragraph (b), of an amount not less than
$25 per ton of each volatile organic compound; pollutant
regulated under United States Code, title 42, section 7411 or
7412 (section 111 or 112 of the federal Clean Air Act); and each
pollutant, except carbon monoxide, for which a national primary
ambient air quality standard has been promulgated;
(2) may result in the collection, in the aggregate, from
the sources listed in paragraph (b), of an amount not less than
$25 per ton of each pollutant not listed in clause (1) that is
regulated under this chapter or air quality rules adopted under
this chapter; and
(3) shall collect, in the aggregate, from the sources
listed in paragraph (b), the amount needed to match grant funds
received by the state under United States Code, title 42,
section 7405 (section 105 of the federal Clean Air Act).
The agency must not include in the calculation of the aggregate
amount to be collected under clauses (1) and (2) any amount in
excess of 4,000 tons per year of each air pollutant from a
source. The increase in air permit fees to match federal grant
funds shall be a surcharge on existing fees. The commissioner
may not collect the surcharge after the grant funds become
unavailable. In addition, the commissioner shall use nonfee
funds to the extent practical to match the grant funds so that
the fee surcharge is minimized.
(d) To cover the reasonable costs described in paragraph
(b), the agency shall provide in the rules promulgated under
paragraph (c) for an increase in the fee collected in each year
by the percentage, if any, by which the Consumer Price Index for
the most recent calendar year ending before the beginning of the
year the fee is collected exceeds the Consumer Price Index for
the calendar year 1989. For purposes of this paragraph the
Consumer Price Index for any calendar year is the average of the
Consumer Price Index for all-urban consumers published by the
United States Department of Labor, as of the close of the
12-month period ending on August 31 of each calendar year. The
revision of the Consumer Price Index that is most consistent
with the Consumer Price Index for calendar year 1989 shall be
used.
(e) Any money collected under paragraphs (b) to (d) must be
deposited in an air quality account in the environmental fund
and must be used solely for the activities listed in paragraph
(b).
(f) Persons who wish to construct or expand an air emission
facility may offer to reimburse the agency for the costs of
staff overtime or consultant services needed to expedite permit
review. The reimbursement shall be in addition to fees imposed
by paragraphs (a) to (d). When the agency determines that it
needs additional resources to review the permit application in
an expedited manner, and that expediting the review would not
disrupt air permitting program priorities, the agency may accept
the reimbursement. Reimbursements accepted by the agency are
appropriated to the agency for the purpose of reviewing the
permit application. Reimbursement by a permit applicant shall
precede and not be contingent upon issuance of a permit and
shall not affect the agency's decision on whether to issue or
deny a permit, what conditions are included in a permit, or the
application of state and federal statutes and rules governing
permit determinations.
Sec. 19. Minnesota Statutes 1998, section 116.12, is
amended to read:
116.12 [HAZARDOUS WASTE ADMINISTRATION FEES.]
Subdivision 1. [FEE SCHEDULES.] The agency shall establish
the fees provided in subdivisions 2 and 3 in the manner provided
in section 16A.1285 to cover expenditures of amounts
appropriated from the environmental fund to the agency for
permitting, monitoring, inspection, and enforcement expenses of
the hazardous waste activities of the agency.
Subd. 2. [HAZARDOUS WASTE GENERATOR FEE.] (a) Each
generator of hazardous waste shall pay a fee on the hazardous
waste generated by that generator. The agency shall adopt rules
in accordance with chapter 14 establishing a system for charging
fees to generators. The rules must include the basis for
determining the amount of fees, and procedures and deadlines for
payment of fees. The agency shall base the amount of fees on
the quantity of hazardous waste generated and may charge a
minimum fee for each generator not exempted by the agency. In
adopting the fee rules, the agency shall consider:
(1) reducing the fees for generators using environmentally
beneficial hazardous waste management methods, including
recycling;
(2) the agency resources allocated to regulating the
various sizes or types of generators;
(3) adjusting fees for sizes or types of generators that
would bear a disproportionate share of the fees to be collected;
and
(4) whether implementing clauses (1) to (3) would require
excessive staff time compared to staff time available for
providing technical assistance to generators or would make the
fee system difficult for generators to understand.
(b) The agency may exempt generators of very small
quantities of hazardous wastes otherwise subject to the fee if
it finds that the cost of administering a fee on those
generators is excessive relative to the proceeds of the fee.
(c) The agency shall reduce fees charged to generators in
counties which also charge generator fees to reflect a lesser
level of activity by the agency in those counties. The fees
charged by the agency in those counties shall be collected by
the counties in the manner in which and at the same time as
those counties collect their generator fees. Counties shall
remit to the agency the amount of the fees charged by the agency
by the last day of the month following the month in which they
were collected. If a county does not collect or remit generator
fees due to the agency, the agency may collect fees from
generators in that county according to rules adopted under
paragraph (a).
(d) The agency may not impose a volume-based fee under this
subdivision on material that is reused at the facility where the
material is generated in a manner that the facility owner or
operator can demonstrate does not increase the toxicity of, or
the level of hazardous substances or pollutants or contaminants
in, products that leave the facility. The agency may impose a
flat annual fee on a facility that generates the type of
material described in the preceding sentence, provided that the
fee reflects the reasonable and necessary costs of inspections
of the facility.
Subd. 3. [FACILITY FEES.] The agency shall charge
hazardous waste facility fees including, but not limited to, an
original permit fee, a reissuance fee, a major modification fee,
and an annual facility fee for any hazardous waste facility
regulated by the agency. The agency shall adopt rules in
accordance with chapter 14 establishing a system for charging
hazardous waste facility fees. The agency may exempt facilities
otherwise subject to the fee if regulatory oversight of those
facilities is minimal. The agency may include reasonable and
necessary costs of any environmental review required under
chapter 116D in the original permit fee for any hazardous waste
facility.
Sec. 20. Minnesota Statutes 1998, section 116C.834,
subdivision 1, is amended to read:
Subdivision 1. [COSTS.] All costs incurred by the state to
carry out its responsibilities under the compact and under
sections 116C.833 to 116C.843 shall be paid by generators of
low-level radioactive waste in this state through fees assessed
by the pollution control agency. The agency shall assess the
fees in the manner provided in section 16A.1285. Fees may be
reasonably assessed on the basis of volume or degree of hazard
of the waste produced by a generator. Costs for which fees may
be assessed include, but are not limited to:
(1) the state contribution required to join the compact;
(2) the expenses of the Commission member and state agency
costs incurred to support the work of the Interstate Commission;
and
(3) regulatory costs.
Sec. 21. Minnesota Statutes 1998, section 144.98,
subdivision 3, is amended to read:
Subd. 3. [FEES.] (a) An application for certification
under subdivision 1 must be accompanied by the biennial fee
specified in this subdivision. The fees are for:
(1) base certification fee, $500; and
(2) test category certification fees:
Test Category Certification Fee
Bacteriology $200
Inorganic chemistry, fewer than four constituents $100
Inorganic chemistry, four or more constituents $300
Chemistry metals, fewer than four constituents $200
Chemistry metals, four or more constituents $500
Volatile organic compounds $600
Other organic compounds $600
(b) The total biennial certification fee is the base fee
plus the applicable test category fees. The biennial
certification fee for a contract laboratory is 1.5 times the
total certification fee.
(c) Laboratories located outside of this state that require
an on-site survey will be assessed an additional $1,200 fee.
(d) The commissioner of health may adjust fees under
section 16A.1285 without rulemaking. Fees must be set so that
the total fees support the laboratory certification program.
Direct costs of the certification service include program
administration, inspections, the agency's general support costs,
and attorney general costs attributable to the fee function.
Sec. 22. Minnesota Statutes 1998, section 176.102,
subdivision 14, is amended to read:
Subd. 14. [FEES.] The commissioner shall impose fees under
section 16A.1285 sufficient to cover the cost of approving and
monitoring qualified rehabilitation consultants, consultant
firms, and vendors of rehabilitation services. These fees are
payable to the special compensation fund.
Sec. 23. Minnesota Statutes 1998, section 183.375,
subdivision 5, is amended to read:
Subd. 5. [FEES.] All fees collected by the division of
boiler inspection shall be paid into the state treasury in the
manner provided by law for fees received by other state
departments and credited to the general fund. When fees are to
be set by the commissioner, they shall be set pursuant to
section 16A.1285.
Sec. 24. Minnesota Statutes 1998, section 223.17,
subdivision 3, is amended to read:
Subd. 3. [GRAIN BUYERS AND STORAGE FUND; FEES.] The
commissioner shall set the fees for inspections under sections
223.15 to 223.22 at levels necessary to pay the expenses of
administering and enforcing sections 223.15 to 223.22. These
fees may be adjusted pursuant to the provisions of section
16A.1285.
The fee for any license issued or renewed after June 30,
1997, shall be set according to the following schedule:
(a) $100 plus $50 for each additional location for grain
buyers whose gross annual purchases are less than $100,000;
(b) $200 plus $50 for each additional location for grain
buyers whose gross annual purchases are at least $100,000, but
not more than $750,000;
(c) $300 plus $100 for each additional location for grain
buyers whose gross annual purchases are more than $750,000 but
not more than $1,500,000;
(d) $400 plus $100 for each additional location for grain
buyers whose gross annual purchases are more than $1,500,000 but
not more than $3,000,000; and
(e) $500 plus $100 for each additional location for grain
buyers whose gross annual purchases are more than $3,000,000.
There is created in the state treasury the grain buyers and
storage fund. Money collected pursuant to sections 223.15 to
223.19 shall be paid into the state treasury and credited to the
grain buyers and storage fund and is appropriated to the
commissioner for the administration and enforcement of sections
223.15 to 223.22.
Sec. 25. Minnesota Statutes 1998, section 239.101,
subdivision 4, is amended to read:
Subd. 4. [SETTING WEIGHTS AND MEASURES FEES.] The
department shall review its schedule of inspection fees at the
end of each six months. When a review indicates that the
schedule of inspection fees should be adjusted, the commissioner
shall fix the fees by rule, in accordance with section 16A.1285,
to ensure that the fees charged are sufficient to recover all
costs connected with the inspections.
Sec. 26. Minnesota Statutes 1998, section 299M.04, is
amended to read:
299M.04 [RULES; FEES; ORDERS; PENALTIES.]
The commissioner shall adopt permanent rules for operation
of the council; regulation by municipalities; permit, filing,
inspection, certificate, and license fees; qualifications,
examination, and licensing of fire protection contractors;
certification of journeyman sprinkler fitters; registration of
apprentices; and the administration and enforcement of this
chapter. Fees must be set under section 16A.1285. Permit fees
must be a percentage of the total cost of the fire protection
work.
The commissioner may issue a cease and desist order to
cease an activity considered an immediate risk to public health
or public safety. The commissioner shall adopt permanent rules
governing when an order may be issued; how long the order is
effective; notice requirements; and other procedures and
requirements necessary to implement, administer, and enforce the
provisions of this chapter.
The commissioner, in place of or in addition to licensing
sanctions allowed under this chapter, may impose a civil penalty
not greater than $1,000 for each violation of this chapter or
rule adopted under this chapter, for each day of violation. The
commissioner shall adopt permanent rules governing and
establishing procedures for implementation, administration, and
enforcement of this paragraph.
Sec. 27. Minnesota Statutes 1998, section 326.50, is
amended to read:
326.50 [APPLICATION; FEES.]
Application for an individual contracting pipefitter
competency or an individual journeyman pipefitter competency
license shall be made to the department of labor and industry,
with fees. The applicant shall be licensed only after passing
an examination by the department of labor and industry. Fees
and conditions for renewal of an individual contracting
pipefitter competency or an individual journeyman pipefitter
competency license shall be determined by the department by rule
under chapter 14 and section 16A.1285.
Sec. 28. Minnesota Statutes 1998, section 326.86,
subdivision 1, is amended to read:
Subdivision 1. [LICENSING FEE.] The licensing fee for
persons licensed pursuant to sections 326.83 to 326.991 is $75
per year. The commissioner may adjust the fees under section
16A.1285 to recover the costs of administration and
enforcement. The fees must be limited to the cost of license
administration and enforcement and must be deposited in the
state treasury and credited to the general fund.
Sec. 29. [EFFECTIVE DATE.]
This article is effective July 1, 2001.
Presented to the governor May 24, 1999
Signed by the governor May 25, 1999, 3:50 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes