1.1                          A bill for an act 
  1.2             relating to state departments; abolishing the 
  1.3             department of public safety, the higher education 
  1.4             coordinating board, the Minnesota racing commission, 
  1.5             the gambling control board, the state lottery board, 
  1.6             and the department of public service; transferring 
  1.7             certain responsibilities and personnel to other 
  1.8             agencies; creating new agencies; reducing certain 
  1.9             appropriations; amending Minnesota Statutes 1994, 
  1.10            sections 3.732, subdivision 1; 8.33; 10A.01, 
  1.11            subdivision 18; 10A.09, subdivision 1; 15.01; 15A.081, 
  1.12            subdivisions 1 and 7b; 16B.14; 16B.46; 16B.54, 
  1.13            subdivision 2; 43A.05, subdivision 4; 43A.34, 
  1.14            subdivision 4; 65B.28, subdivision 2; 116C.03, 
  1.15            subdivision 2; 126.663, subdivision 3; 126A.02, 
  1.16            subdivision 2; 135A.10, subdivision 1; 136A.01; 
  1.17            136A.03; 136A.08; 136A.101, subdivisions 2 and 3; 
  1.18            136A.15, subdivisions 3 and 4; 136A.16, subdivision 1; 
  1.19            136A.233, subdivision 2; 136A.62, subdivision 2; 
  1.20            136C.042, subdivision 1; 161.125, subdivision 3; 
  1.21            161.20, subdivision 4; 161.465; 168.011, by adding 
  1.22            subdivisions; 168.126, subdivision 3; 168.325; 
  1.23            169.751; 169.783, subdivision 1; 170.23; 170.24; 
  1.24            171.015; 216A.01; 216A.035; 216A.036; 216A.04; 
  1.25            216A.05, by adding a subdivision; 216A.07; 216A.085; 
  1.26            216A.095; 216B.02, subdivision 7, and by adding 
  1.27            subdivisions; 216B.16, subdivision 2; 216B.162, 
  1.28            subdivision 7; 216B.241, subdivisions 1 and 2; 
  1.29            216B.62; 216B.64; 216B.65; 216C.01, subdivisions 2, 3, 
  1.30            and by adding a subdivision; 216C.10; 216C.19, 
  1.31            subdivision 1; 216C.37, subdivision 1; 218.031, 
  1.32            subdivision 2; 237.02; 237.075, subdivision 2; 
  1.33            237.295; 237.30; 239.01; 239.05, subdivisions 6c, 7a, 
  1.34            and 8; 240.01, by adding subdivisions; 240.011; 
  1.35            240.03; 240.04; 240.05, subdivision 2; 240.06, 
  1.36            subdivisions 3, 7, and 8; 240.07, subdivision 2; 
  1.37            240.08; 240.09, subdivision 3a; 240.155; 240.16; 
  1.38            240.18, subdivision 2; 240.21; 240.24; 240.28; 270.73, 
  1.39            subdivision 1; 297B.01, subdivision 3; 297C.09; 
  1.40            297C.10, subdivision 1; 298.2214, subdivision 5; 
  1.41            299A.02; 299A.30; 299A.31, subdivision 1; 299A.331, 
  1.42            subdivision 1; 299A.38, subdivision 1; 299C.01; 
  1.43            299C.03; 299C.06; 299C.13; 299C.50; 299F.01; 299F.05, 
  1.44            subdivision 2; 299L.01; 299L.02, subdivisions 2, 3, 4, 
  1.45            and 5; 299L.03, subdivisions 1, 4, 5, and 7; 340A.201; 
  1.46            347.51, subdivision 2a; 349.12, subdivision 10, and by 
  2.1             adding subdivisions; 349.13; 349.151, subdivisions 2 
  2.2             and 8; 349.152, subdivision 1; 349.153; 349.155, 
  2.3             subdivision 4; 349.162, subdivisions 2 and 6; 349.163, 
  2.4             subdivision 6; 349.165, subdivision 2; 349.18, 
  2.5             subdivision 1; 349.19, subdivision 6; 349A.01, by 
  2.6             adding a subdivision; 349A.02, subdivisions 1 and 8; 
  2.7             349A.03, subdivision 2; 349A.04; 349A.05; 349A.06, 
  2.8             subdivision 2; 349A.08, subdivision 7; 349A.11; 
  2.9             349A.12, subdivision 4; 352B.01, subdivision 2; 
  2.10            360.0752, subdivision 7; 360.0753, subdivision 6; 
  2.11            611A.20, subdivision 2; 624.7151; 626.5531, 
  2.12            subdivision 2; 626.562, subdivision 1; and 634.16; 
  2.13            proposing coding for new law in Minnesota Statutes, 
  2.14            chapters 135A; 136A; 216C; and 349B; repealing 
  2.15            Minnesota Statutes 1994, sections 135A.052, 
  2.16            subdivisions 2 and 3; 135A.08; 135A.12, subdivision 5; 
  2.17            136A.02; 136A.04; 136A.041; 136A.043; 136A.85; 
  2.18            136A.86; 136A.87; 136A.88; 216A.06; 216B.02, 
  2.19            subdivision 8; 237.69, subdivision 3; 240.01, 
  2.20            subdivision 4; 240.02; 270B.12, subdivision 4; 
  2.21            299A.01; 349.12, subdivision 6; 349.151, subdivisions 
  2.22            1, 2, and 3a; 349.152, subdivision 4; 349A.01, 
  2.23            subdivision 2; and 349A.03, subdivision 1; Laws 1987, 
  2.24            chapter 315, section 4, subdivision 2; Laws 1990, 
  2.25            chapters 571, section 39; and 594, article 3, sections 
  2.26            6 and 7. 
  2.27  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.28                             ARTICLE 1
  2.29               DEPARTMENT OF PUBLIC SAFETY ABOLISHED 
  2.30     Section 1.  [DEPARTMENT OF PUBLIC SAFETY ABOLISHED; 
  2.31  RESPONSIBILITIES TRANSFERRED.] 
  2.32     Subdivision 1.  [DEPARTMENT ABOLISHED, RESPONSIBILITIES 
  2.33  TRANSFERRED.] The department of public safety is abolished.  The 
  2.34  responsibilities held by the department are transferred to a 
  2.35  receiving agency as designated in this act.  Except as otherwise 
  2.36  provided by this article, the responsibilities of the department 
  2.37  must be transferred pursuant to Minnesota Statutes, section 
  2.38  15.039.  For purposes of this article "responsibilities" 
  2.39  includes the powers, duties, rights, obligations, rules, court 
  2.40  actions, contracts, records, property of every description, 
  2.41  unexpended funds, personnel, and authority imposed by law, of 
  2.42  the department of public safety.  For the purposes of this 
  2.43  article, "receiving agency" has the meaning given to "new 
  2.44  agency" in Minnesota Statutes, section 15.039, subdivision 1. 
  2.45     Subd. 2.  [SPECIFIC POSITIONS ABOLISHED.] (a) The following 
  2.46  positions in the department of public safety are not transferred 
  2.47  to a receiving agency and are specifically abolished: 
  2.48     (1) commissioner; 
  3.1      (2) deputy commissioner; 
  3.2      (3) assistant commissioners; 
  3.3      (4) assistants to the commissioner; 
  3.4      (5) office of the commissioner (all positions); 
  3.5      (6) affirmative action officer; 
  3.6      (7) eight positions from fiscal and administrative 
  3.7   services; 
  3.8      (8) personnel, training, employee relations (all 
  3.9   positions); 
  3.10     (9) 12 positions from information systems management; 
  3.11     (10) public education and media relations (all positions); 
  3.12  and 
  3.13     (11) liquor control (the two unclassified positions of 
  3.14  director and deputy director and all positions not specifically 
  3.15  transferred to the department of commerce). 
  3.16     (b) After the day of enactment of this act, the department 
  3.17  of public safety shall not fill any position listed in paragraph 
  3.18  (a), clauses (7), (9), and (11), that is vacant or becomes 
  3.19  vacant.  This paragraph is effective the day following final 
  3.20  enactment. 
  3.21     (c) In determining the remaining positions listed in 
  3.22  paragraph (a), clauses (7), (9), and (11), that are to be 
  3.23  transferred to a receiving agency, the positions abolished under 
  3.24  that paragraph must first include the positions vacant on July 
  3.25  1, 1995.  Positions abolished under paragraph (a), clauses (7), 
  3.26  (9), and (11), that are occupied by employees must then be 
  3.27  determined first by any applicable law, then any applicable 
  3.28  collective bargaining agreement, and only then by determination 
  3.29  of the receiving agency. 
  3.30     Subd. 3.  [SPECIFIC RESPONSIBILITIES ABOLISHED, NOT 
  3.31  TRANSFERRED.] The responsibilities of the following offices of 
  3.32  the department are abolished and not transferred to a receiving 
  3.33  agency:  
  3.34     (1) office of affirmative action; 
  3.35     (2) office of personnel, training, employee relations; and 
  3.36     (3) office of public education and media relations.  
  3.37     Subd. 4.  [DEPARTMENT OF TRANSPORTATION.] The 
  4.1   responsibilities of the following units are transferred to the 
  4.2   department of transportation: 
  4.3      (1) traffic safety division; 
  4.4      (2) driver and vehicle services division; 
  4.5      (3) capitol complex security division; 
  4.6      (4) state patrol division; 
  4.7      (5) seven positions from the office of information systems 
  4.8   management; and 
  4.9      (6) 22 positions from the office of fiscal and 
  4.10  administrative services. 
  4.11     Subd. 5.  [OFFICE OF THE GOVERNOR.] The responsibilities of 
  4.12  the following units are transferred to the office of the 
  4.13  governor: 
  4.14     (1) office of drug policy; and 
  4.15     (2) office of violence prevention. 
  4.16     Subd. 6.  [DEPARTMENT OF CORRECTIONS.] The responsibilities 
  4.17  of the following units are transferred to the department of 
  4.18  corrections: 
  4.19     (1) crime victim and witness advisory council; 
  4.20     (2) crime victim ombudsman; and 
  4.21     (3) crime victims reparations board. 
  4.22     Subd. 7.  [POLLUTION CONTROL AGENCY.] The responsibilities 
  4.23  of the office of pipeline safety are transferred to the 
  4.24  pollution control agency. 
  4.25     Subd. 8.  [PUBLIC UTILITIES COMMISSION.] The 
  4.26  responsibilities of the following units are transferred to the 
  4.27  public utilities commission: 
  4.28     (1) emergency management division; and 
  4.29     (2) emergency response commission. 
  4.30     Subd. 9.  [DEPARTMENT OF EMPLOYEE RELATIONS.] The 
  4.31  responsibilities related to public safety officer's survivor 
  4.32  benefits in Minnesota Statutes, sections 299A.41 to 299A.47 are 
  4.33  transferred to the department of employee relations. 
  4.34     Subd. 10.  [DEPARTMENT OF COMMERCE.] The responsibilities 
  4.35  of the liquor control division are transferred to the department 
  4.36  of commerce.  Six positions from the liquor control licensing 
  5.1   activity and six positions from the liquor enforcement activity 
  5.2   of the liquor control division are transferred to the department 
  5.3   of commerce.  The person occupying the unclassified position of 
  5.4   secretary to the director on the effective date of this section, 
  5.5   may transfer to a classified position in the liquor control 
  5.6   licensing activity with the department of commerce and may 
  5.7   continue to occupy that position pursuant to the appropriate 
  5.8   personnel code and employment laws.  The 11 persons occupying on 
  5.9   the effective date of this section, the remaining 11 classified 
  5.10  positions to be transferred on July 1, 1995, may continue to 
  5.11  occupy those positions with the department of commerce pursuant 
  5.12  to the appropriate personnel code and employment laws. 
  5.13     Subd. 11.  [BUREAU OF CRIMINAL APPREHENSION.] All powers, 
  5.14  duties, and responsibilities formerly held by the commissioner 
  5.15  of public safety with respect to the bureau of criminal 
  5.16  apprehension are transferred to the superintendent of the bureau 
  5.17  of criminal apprehension.  The bureau is established as an 
  5.18  agency of the executive branch of state government pursuant to 
  5.19  section 34.  The responsibilities of the following units are 
  5.20  also transferred to the bureau:  
  5.21     (1) gambling enforcement division; 
  5.22     (2) the division of the state fire marshal; 
  5.23     (3) seven positions from the office of finance and 
  5.24  administrative services; 
  5.25     (4) 17 positions from the office of information systems 
  5.26  management; and 
  5.27     (5) the Minnesota advisory council on fire protection 
  5.28  systems. 
  5.29     Possession of the department's minicomputer system and 
  5.30  equipment is transferred to the bureau of criminal apprehension. 
  5.31  Computer applications supporting functions not transferred to 
  5.32  the bureau of criminal apprehension are transferred to the 
  5.33  applicable receiving agencies.  For programs not transferred to 
  5.34  the bureau of criminal apprehension, the commissioner of 
  5.35  transportation shall make the necessary arrangements for the 
  5.36  effective management of the department's information systems.  
  6.1   The commissioner of transportation may lease time and services 
  6.2   on the minicomputer system transferred to the bureau, and shall 
  6.3   compensate the superintendent of the bureau for the leased time 
  6.4   and services from funds appropriated to the commissioner for 
  6.5   driver and vehicle services. 
  6.6                        CONFORMING AMENDMENTS 
  6.7      Sec. 2.  Minnesota Statutes 1994, section 3.732, 
  6.8   subdivision 1, is amended to read: 
  6.9      Subdivision 1.  [DEFINITIONS.] As used in this section and 
  6.10  section 3.736 the terms defined in this section have the 
  6.11  meanings given them. 
  6.12     (1) "State" includes each of the departments, boards, 
  6.13  agencies, commissions, courts, and officers in the executive, 
  6.14  legislative, and judicial branches of the state of Minnesota and 
  6.15  includes but is not limited to the housing finance agency, the 
  6.16  higher education coordinating board, the higher education 
  6.17  facilities authority, the health technology advisory committee, 
  6.18  the armory building commission, the zoological board, the iron 
  6.19  range resources and rehabilitation board, the state agricultural 
  6.20  society, the University of Minnesota, state universities, 
  6.21  community colleges, state hospitals, and state penal 
  6.22  institutions.  It does not include a city, town, county, school 
  6.23  district, or other local governmental body corporate and politic.
  6.24     (2) "Employee of the state" means all present or former 
  6.25  officers, members, directors, or employees of the state, members 
  6.26  of the Minnesota national guard, members of a bomb disposal unit 
  6.27  approved by the ~~commissioner of public safety~~ superintendent of 
  6.28  the bureau of criminal apprehension and employed by a 
  6.29  municipality defined in section 466.01 when engaged in the 
  6.30  disposal or neutralization of bombs outside the jurisdiction of 
  6.31  the municipality but within the state, or persons acting on 
  6.32  behalf of the state in an official capacity, temporarily or 
  6.33  permanently, with or without compensation.  It does not include 
  6.34  either an independent contractor or members of the Minnesota 
  6.35  national guard while engaged in training or duty under United 
  6.36  States Code, title 10, or title 32, section 316, 502, 503, 504, 
  7.1   or 505, as amended through December 31, 1983.  Notwithstanding 
  7.2   sections 43A.02 and 611.263, for purposes of this section and 
  7.3   section 3.736 only, "employee of the state" includes a district 
  7.4   public defender or assistant district public defender in the 
  7.5   second or fourth judicial district and a member of the health 
  7.6   technology advisory committee. 
  7.7      (3) "Scope of office or employment" means that the employee 
  7.8   was acting on behalf of the state in the performance of duties 
  7.9   or tasks lawfully assigned by competent authority. 
  7.10     (4) "Judicial branch" has the meaning given in section 
  7.11  43A.02, subdivision 25. 
  7.12     Sec. 3.  Minnesota Statutes 1994, section 15.01, is amended 
  7.13  to read: 
  7.14     15.01 [DEPARTMENTS OF THE STATE.] 
  7.15     The following agencies are designated as the departments of 
  7.16  the state government:  the department of administration; the 
  7.17  department of agriculture; the department of commerce; the 
  7.18  department of corrections; the department of education; the 
  7.19  department of economic security; the department of trade and 
  7.20  economic development; the department of finance; the department 
  7.21  of health; the department of human rights; the department of 
  7.22  labor and industry; the department of military affairs; the 
  7.23  department of natural resources; the department of employee 
  7.24  relations; ~~the department of public safety;~~ the department of 
  7.25  public service; the department of human services; the department 
  7.26  of revenue; the department of transportation; the department of 
  7.27  veterans affairs; and their successor departments. 
  7.28     Sec. 4.  Minnesota Statutes 1994, section 15A.081, 
  7.29  subdivision 1, is amended to read: 
  7.30     Subdivision 1.  [SALARY RANGES.] The governor shall set the 
  7.31  salary rate within the ranges listed below for positions 
  7.32  specified in this subdivision, upon approval of the legislative 
  7.33  commission on employee relations and the legislature as provided 
  7.34  by section 3.855: 
  7.35                            Salary Range 
  7.36  $57,500-$78,500 
  8.1      Commissioner of finance; 
  8.2      Commissioner of education; 
  8.3      Commissioner of transportation; 
  8.4      Commissioner of human services; 
  8.5      Commissioner of revenue; 
  8.6      ~~Commissioner of public safety;~~ 
  8.7      Executive director, state board of investment; 
  8.8   $50,000-$67,500 
  8.9      Commissioner of administration; 
  8.10     Commissioner of agriculture; 
  8.11     Commissioner of commerce; 
  8.12     Commissioner of corrections; 
  8.13     Commissioner of economic security; 
  8.14     Commissioner of employee relations; 
  8.15     Commissioner of health; 
  8.16     Commissioner of labor and industry; 
  8.17     Commissioner of natural resources; 
  8.18     Commissioner of trade and economic development; 
  8.19     Chief administrative law judge; office of administrative 
  8.20     hearings; 
  8.21     Commissioner, pollution control agency; 
  8.22     Director, office of waste management; 
  8.23     Commissioner, housing finance agency; 
  8.24     Executive director, public employees retirement 
  8.25     association; 
  8.26     Executive director, teacher's retirement association; 
  8.27     Executive director, state retirement system; 
  8.28     Superintendent, bureau of criminal apprehension 
  8.29  $42,500-$60,000 
  8.30     Commissioner of human rights; 
  8.31     Commissioner, department of public service; 
  8.32     Commissioner of veterans affairs; 
  8.33     Commissioner, bureau of mediation services; 
  8.34     Commissioner, public utilities commission; 
  8.35     Member, transportation regulation board; 
  8.36     Ombudsman for corrections; 
  9.1      Ombudsman for mental health and retardation. 
  9.2      Sec. 5.  Minnesota Statutes 1994, section 16B.14, is 
  9.3   amended to read: 
  9.4      16B.14 [CERTAIN VEHICLES.] 
  9.5      Upon the written request of the ~~commissioner of public~~ 
  9.6   ~~safety~~ superintendent of the bureau of criminal apprehension, 
  9.7   motor vehicles for specific use by investigative and undercover 
  9.8   agents of the ~~department of public safety~~ bureau of criminal 
  9.9   apprehension must be purchased by the brand make and 
  9.10  model.  Upon the written request of the commissioner of 
  9.11  transportation, motor vehicles for specific use as specially 
  9.12  marked patrol vehicles pursuant to section 169.98 must be 
  9.13  purchased by the brand make and model.  All other provisions of 
  9.14  this chapter relating to competitive bidding apply to purchases 
  9.15  covered by this section.  
  9.16     Sec. 6.  Minnesota Statutes 1994, section 16B.46, is 
  9.17  amended to read: 
  9.18     16B.46 [TELECOMMUNICATION; POWERS.] 
  9.19     The commissioner shall supervise and control all state 
  9.20  telecommunication facilities including any transmission, 
  9.21  emission, or reception of signs, signals, writing, images, and 
  9.22  sounds or intelligence of any nature by wire, radio, optical, or 
  9.23  other electromagnetic systems.  Nothing in this section 
  9.24  modifies, amends, or abridges any powers and duties presently 
  9.25  vested in or imposed upon the commissioner of transportation ~~or~~ 
  9.26  ~~the commissioner of public safety~~, commissioner of commerce, or 
  9.27  superintendent of the bureau of criminal apprehension relating 
  9.28  to telecommunications facilities or the commissioner of 
  9.29  transportation relating only to radio air navigation facilities 
  9.30  or other air navigation facilities.  
  9.31     Sec. 7.  Minnesota Statutes 1994, section 16B.54, 
  9.32  subdivision 2, is amended to read: 
  9.33     Subd. 2.  [VEHICLES.] (a)  [ACQUISITION FROM AGENCY; 
  9.34  APPROPRIATION.] The commissioner may direct an agency to make a 
  9.35  transfer of a passenger motor vehicle or truck currently 
  9.36  assigned to it.  The transfer must be made to the commissioner 
 10.1   for use in the central motor pool.  The commissioner shall 
 10.2   reimburse an agency whose motor vehicles have been paid for with 
 10.3   funds dedicated by the constitution for a special purpose and 
 10.4   which are assigned to the central motor pool.  The amount of 
 10.5   reimbursement for a motor vehicle is its average wholesale price 
 10.6   as determined from the midwest edition of the National 
 10.7   Automobile Dealers Association official used car guide. 
 10.8      (b)  [PURCHASE.] To the extent that funds are available for 
 10.9   the purpose, the commissioner may purchase or otherwise acquire 
 10.10  additional passenger motor vehicles and trucks necessary for the 
 10.11  central motor pool.  The title to all motor vehicles assigned to 
 10.12  or purchased or acquired for the central motor pool is in the 
 10.13  name of the department of administration.  
 10.14     (c)  [TRANSFER AT AGENCY REQUEST.] On the request of an 
 10.15  agency, the commissioner may transfer to the central motor pool 
 10.16  any passenger motor vehicle or truck for the purpose of 
 10.17  disposing of it.  The department or agency transferring the 
 10.18  vehicle or truck must be paid for it from the motor pool 
 10.19  revolving account established by this section in an amount equal 
 10.20  to two-thirds of the average wholesale price of the vehicle or 
 10.21  truck as determined from the midwest edition of the National 
 10.22  Automobile Dealers Association official used car guide. 
 10.23     (d)  [VEHICLES; MARKING.] The commissioner shall provide 
 10.24  for the uniform marking of all motor vehicles.  Motor vehicle 
 10.25  colors must be selected from the regular color chart provided by 
 10.26  the manufacturer each year.  The commissioner may further 
 10.27  provide for the use of motor vehicles without marking by the 
 10.28  governor, the lieutenant governor, the ~~division~~ bureau of 
 10.29  criminal apprehension, division of liquor control~~, division of~~ 
 10.30  ~~gambling enforcement, arson investigators of the division of~~ 
 10.31  ~~fire marshal in the department of public safety~~ of the 
 10.32  department of commerce, financial institutions division of the 
 10.33  department of commerce, state lottery, criminal investigators of 
 10.34  the department of revenue, state-owned community service 
 10.35  facilities in the department of human services, the 
 10.36  investigative staff of the department of economic security, and 
 11.1   the office of the attorney general.  
 11.2      Sec. 8.  Minnesota Statutes 1994, section 43A.05, 
 11.3   subdivision 4, is amended to read: 
 11.4      Subd. 4.  [TIME OFF IN EMERGENCIES.] The commissioner shall 
 11.5   authorize appointing authorities to pay for time off in 
 11.6   emergencies.  The commissioner, after consultation with the 
 11.7   commissioner of ~~public safety~~ transportation, may excuse 
 11.8   employees from duty with full pay in the event of a natural or 
 11.9   other emergency, if continued operation would involve a threat 
 11.10  to the health or safety of individuals.  Absence with pay shall 
 11.11  not exceed 16 working hours at any one time unless the 
 11.12  commissioner authorizes a longer duration. 
 11.13     Sec. 9.  Minnesota Statutes 1994, section 43A.34, 
 11.14  subdivision 4, is amended to read: 
 11.15     Subd. 4.  [STATE PATROL, CONSERVATION AND CRIME BUREAU 
 11.16  OFFICERS EXEMPTED.] Notwithstanding any provision to the 
 11.17  contrary, (a) conservation officers and crime bureau officers 
 11.18  who were first employed on or after July 1, 1973, and who are 
 11.19  members of the state patrol retirement fund by reason of their 
 11.20  employment, and members of the Minnesota state patrol division 
 11.21  of the department of transportation and gambling 
 11.22  enforcement ~~divisions of the department of public~~ 
 11.23  ~~safety~~ division of the bureau of criminal apprehension who are 
 11.24  members of the state patrol retirement association by reason of 
 11.25  their employment, shall not continue employment after attaining 
 11.26  the age of 60 years, except for a fractional portion of one year 
 11.27  that will enable the employee to complete the employee's next 
 11.28  full year of allowable service as defined pursuant to section 
 11.29  352B.01, subdivision 3; and (b) conservation officers and crime 
 11.30  bureau officers who were first employed and are members of the 
 11.31  state patrol retirement fund by reason of their employment 
 11.32  before July 1, 1973, shall not continue employment after 
 11.33  attaining the age of 70 years.  
 11.34     Sec. 10.  Minnesota Statutes 1994, section 65B.28, 
 11.35  subdivision 2, is amended to read: 
 11.36     Subd. 2.  [ACCIDENT PREVENTION COURSE; RULES.] The 
 12.1   commissioner of ~~public safety~~ transportation shall adopt rules 
 12.2   establishing and regulating a motor vehicle accident prevention 
 12.3   course for persons 55 years old and older.  The rules must, at a 
 12.4   minimum, include provisions:  
 12.5      (1) establishing curriculum requirements; 
 12.6      (2) establishing the number of hours required for 
 12.7   successful completion of the course; and 
 12.8      (3) providing for the issuance of a course completion 
 12.9   certification and requiring its submission to an insured as 
 12.10  evidence of completion of the course. 
 12.11     Sec. 11.  Minnesota Statutes 1994, section 161.125, 
 12.12  subdivision 3, is amended to read: 
 12.13     Subd. 3.  [SOUND ABATEMENT MEASURES.] For the purpose of 
 12.14  this section, sound abatement measures include but are not 
 12.15  limited to the following: 
 12.16     (a) traffic management measures, including reduced speed 
 12.17  limits or exclusion and rerouting of excessively noisy vehicles; 
 12.18     (b) design and construction measures, including use of 
 12.19  sound absorbing road surface materials, landscaping and 
 12.20  planning, acquisition of buffer zones or noise insulation of 
 12.21  buildings on abutting property; 
 12.22     (c) enforcement of the motor vehicle source noise limits of 
 12.23  the pollution control agency and of the federal bureau of motor 
 12.24  carrier safety; and 
 12.25     (d) other measures designed for the purpose of reducing 
 12.26  motor vehicle source noise or reducing the effects of that 
 12.27  noise.  The ~~commissioner of public safety shall cooperate with~~ 
 12.28  ~~the~~ commissioner of transportation ~~in implementing any~~ may 
 12.29  implement sound abatement measures that include law enforcement 
 12.30  activities. 
 12.31     Sec. 12.  Minnesota Statutes 1994, section 161.20, 
 12.32  subdivision 4, is amended to read: 
 12.33     Subd. 4.  [DEBT COLLECTION.] The commissioner shall make 
 12.34  reasonable and businesslike efforts to collect money owed for 
 12.35  licenses, fines, penalties, and permit fees or arising from 
 12.36  damages to state-owned property or other causes related to the 
 13.1   activities of the department of transportation.  The 
 13.2   commissioner may contract for debt collection services for the 
 13.3   purpose of collecting a money judgment or legal indebtedness.  
 13.4   The commissioner may ~~enter into an agreement with the~~ 
 13.5   ~~commissioner of public safety to~~ use debt collection services 
 13.6   authorized by this subdivision when civil penalties relating to 
 13.7   the use of highways have been reduced to money judgment.  Money 
 13.8   received as full or partial payment shall be deposited to the 
 13.9   appropriate fund.  When money is collected through contracted 
 13.10  services, the commissioner may make payment for the service from 
 13.11  the money collected.  The amount necessary for payment of 
 13.12  contractual collection costs is appropriated from the fund in 
 13.13  which money so collected is deposited. 
 13.14     Sec. 13.  Minnesota Statutes 1994, section 161.465, is 
 13.15  amended to read: 
 13.16     161.465 [REIMBURSEMENT FOR FIRE SERVICES.] 
 13.17     Ordinary expenses incurred by a municipal or volunteer fire 
 13.18  department in extinguishing a grass fire within the right-of-way 
 13.19  of a trunk highway must be reimbursed upon certification to the 
 13.20  commissioner of transportation from the trunk highway fund.  In 
 13.21  addition, ordinary expenses incurred by a municipal or volunteer 
 13.22  fire department in extinguishing a fire outside the right-of-way 
 13.23  of any trunk highway if the fire originated within the 
 13.24  right-of-way, upon approval of a police officer ~~or an officer or~~ 
 13.25  , state trooper, employee of the ~~department of public safety~~ 
 13.26  state fire marshal, or arson investigator of the bureau of 
 13.27  criminal apprehension must, upon certification to the 
 13.28  commissioner of transportation by the proper official of the 
 13.29  municipality or fire department within 60 days after the 
 13.30  completion of the service, be reimbursed to the municipality or 
 13.31  fire department from funds in the trunk highway fund.  The 
 13.32  commissioner of transportation shall take action practicable to 
 13.33  secure reimbursement to the trunk highway fund of money expended 
 13.34  under this section from the person, firm, or corporation 
 13.35  responsible for the fire or danger of fire. 
 13.36     The provisions of this section shall not be construed to 
 14.1   admit state liability for damage or destruction to private 
 14.2   property or for injury to persons resulting from a fire 
 14.3   originating within a trunk highway right-of-way. 
 14.4      Sec. 14.  Minnesota Statutes 1994, section 168.011, is 
 14.5   amended by adding a subdivision to read: 
 14.6      Subd. 37.  [COMMISSIONER.] "Commissioner" means the 
 14.7   commissioner of transportation. 
 14.8      Sec. 15.  Minnesota Statutes 1994, section 168.011, is 
 14.9   amended by adding a subdivision to read: 
 14.10     Subd. 38.  [DEPARTMENT.] "Department" means the department 
 14.11  of transportation. 
 14.12     Sec. 16.  Minnesota Statutes 1994, section 168.126, 
 14.13  subdivision 3, is amended to read: 
 14.14     Subd. 3.  [ELIGIBILITY CRITERIA~~; COMMISSIONER OF PUBLIC~~ 
 14.15  ~~SAFETY~~.] The ~~commissioner of public safety, in cooperation with~~ 
 14.16  ~~the~~ commissioner of transportation~~,~~ shall establish criteria and 
 14.17  procedures governing applications for and issuance of plates 
 14.18  permitted by this section.  The criteria and procedures may 
 14.19  include:  
 14.20     (1) certification of vehicle use as a commuter van; 
 14.21     (2) provision for transfer of special license plates; and 
 14.22     (3) deposit of fees for the registration, sale, and 
 14.23  transfer of commuter vans.  
 14.24     The special plate must be designed to specifically identify 
 14.25  the vehicle as a commuter van.  
 14.26     Sec. 17.  Minnesota Statutes 1994, section 168.325, is 
 14.27  amended to read: 
 14.28     168.325 [DIVISION OF ~~MOTOR VEHICLES~~ DRIVER AND VEHICLE 
 14.29  SERVICES.] 
 14.30     Subdivision 1.  [CREATION.] A division in the department of 
 14.31  ~~public safety~~ transportation to be known as the division of 
 14.32  ~~motor vehicles~~ driver and vehicle services is ~~hereby~~ 
 14.33  ~~created~~ established, under the supervision and control of the 
 14.34  director.  The commissioner of transportation may place the 
 14.35  director's position in the unclassified service if the position 
 14.36  meets the criteria established in section 43A.08, subdivision 1a.
 15.1      Subd. 2.  [VEHICLE REGISTRATION RESPONSIBILITIES.] All the 
 15.2   functions, powers, and duties now vested in or imposed upon 
 15.3   the ~~secretary of state as~~ registrar of motor vehicles as 
 15.4   prescribed ~~in Minnesota Statutes 1967, chapter 168, or any other~~ 
 15.5   by law, relating to the registration of motor vehicles, the 
 15.6   issuance of motor vehicle licenses, the licensing of motor 
 15.7   vehicle dealers, and other related matters ~~therein contained~~ not 
 15.8   otherwise provided for in this section, are hereby transferred 
 15.9   to, vested in, and imposed upon the commissioner of ~~public~~ 
 15.10  ~~safety.  The duties of the secretary of state in relation~~ 
 15.11  ~~thereto as heretofore constituted are abolished~~ transportation.  
 15.12     ~~Subd. 4.  All the powers and duties now vested in or~~ 
 15.13  ~~imposed upon the secretary of state in the issuance of~~ 
 15.14  ~~chauffeurs' licenses and school bus drivers' licenses as~~ 
 15.15  ~~prescribed in Minnesota Statutes 1967, chapter 168, are hereby~~ 
 15.16  ~~transferred to, vested in, and imposed upon the commissioner of~~ 
 15.17  ~~public safety.  The duties of the secretary of state in~~ 
 15.18  ~~connection with the issuance of such licenses are hereby~~ 
 15.19  ~~abolished.~~  
 15.20     Sec. 18.  Minnesota Statutes 1994, section 169.751, is 
 15.21  amended to read: 
 15.22     169.751 [DEFINITIONS.] 
 15.23     For the purposes of sections 169.751 to 169.754 the 
 15.24  following words shall have the meaning ascribed to them in this 
 15.25  section: 
 15.26     (a) "First aid equipment" shall mean equipment for the 
 15.27  purpose of rendering first aid to sick or injured persons as 
 15.28  prescribed by the department ~~of public safety~~ for its state 
 15.29  patrol vehicles, such equipment to include materials for the 
 15.30  application of splints to fractures. 
 15.31     (b) "Patrol motor vehicles" shall mean the state patrol 
 15.32  motor vehicles used in law enforcement ~~of the department of~~ 
 15.33  ~~public safety~~, the county sheriffs, and the various city, town, 
 15.34  and other local police departments. 
 15.35     Sec. 19.  Minnesota Statutes 1994, section 169.783, 
 15.36  subdivision 1, is amended to read: 
 16.1      Subdivision 1.  [POSTCRASH INSPECTION.] A peace officer 
 16.2   responding to an accident involving a commercial motor vehicle 
 16.3   must immediately notify the state patrol if the accident results 
 16.4   in death, personal injury, or property damage to an apparent 
 16.5   extent of more than $4,400.  It is a misdemeanor for a person to 
 16.6   drive or cause to be driven a commercial motor vehicle after 
 16.7   such an accident unless the vehicle: (1) has been inspected by a 
 16.8   state trooper or other person authorized to conduct inspections 
 16.9   under section 169.781, subdivision 3, paragraph (a), who is an 
 16.10  employee of the department ~~of public safety or transportation~~, 
 16.11  and the person inspecting the vehicle has determined that the 
 16.12  vehicle may safely be operated; or (2) a waiver has been granted 
 16.13  under subdivision 2. 
 16.14     Sec. 20.  Minnesota Statutes 1994, section 170.23, is 
 16.15  amended to read: 
 16.16     170.23 [ABSTRACTS; FEE; ADMISSIBLE IN EVIDENCE.] 
 16.17     The commissioner of transportation shall upon request 
 16.18  furnish any person a certified abstract of the operating record 
 16.19  of any person subject to the provisions of this chapter, and, if 
 16.20  there shall be no record of any conviction of such person of 
 16.21  violating any law relating to the operation of a motor vehicle 
 16.22  or of any injury or damage caused by such person, the 
 16.23  commissioner shall so certify.  Such abstracts shall not be 
 16.24  admissible as evidence in any action for damages or criminal 
 16.25  proceedings arising out of a motor vehicle accident.  A fee of 
 16.26  $5 shall be paid for each such abstract.  The commissioner shall 
 16.27  permit a person to inquire into the operating record of any 
 16.28  person by means of the inquiring person's own computer 
 16.29  facilities for a fee to be determined by the commissioner of at 
 16.30  least $2 for each inquiry. The commissioner shall furnish an 
 16.31  abstract that is not certified for a fee to be determined by the 
 16.32  commissioner in an amount less than the fee for a certified 
 16.33  abstract but more than the fee for an inquiry by computer.  Fees 
 16.34  collected under this section must be paid into the state 
 16.35  treasury with 90 percent of the money credited to the trunk 
 16.36  highway fund and ten percent credited to the general fund. 
 17.1      Sec. 21.  Minnesota Statutes 1994, section 170.24, is 
 17.2   amended to read: 
 17.3      170.24 [SUSPENSION OF LICENSE FOR NEGLECT TO REPORT 
 17.4   ACCIDENT.] 
 17.5      The commissioner of transportation may suspend the license, 
 17.6   or any nonresident's operating privilege, of any person who 
 17.7   willfully fails, refuses or neglects to make report of a traffic 
 17.8   accident as required by the laws of this state.  
 17.9      Sec. 22.  Minnesota Statutes 1994, section 171.015, is 
 17.10  amended to read: 
 17.11     171.015 [~~DRIVER'S LICENSE~~ DRIVER AND VEHICLE SERVICES 
 17.12  DIVISION.] 
 17.13     ~~Subdivision 1.  [CREATED; DIRECTOR.] A division in the~~ 
 17.14  ~~department of public safety to be known as the driver's license~~ 
 17.15  ~~division is hereby created, under the supervision and control of~~ 
 17.16  ~~a director.  The commissioner may place the director's position~~ 
 17.17  ~~in the unclassified service if the position meets the criteria~~ 
 17.18  ~~established in section 43A.08, subdivision 1a.  The director~~ 
 17.19  ~~shall be assigned the duties and responsibilities prescribed in~~ 
 17.20  ~~this section.~~ 
 17.21     Subd. 2.  [POWERS AND DUTIES TRANSFERRED.] All the powers 
 17.22  and duties ~~now vested in or imposed upon the department of~~ 
 17.23  ~~transportation and the commissioner of transportation~~ in regard 
 17.24  to drivers' licensing, drivers' training, and safety 
 17.25  responsibility as prescribed by this chapter and chapters 169 
 17.26  and 170, are hereby transferred to, vested in, and imposed upon 
 17.27  the commissioner of ~~public safety~~ transportation, through the 
 17.28  department's division of driver and vehicle services.  ~~The~~ 
 17.29  ~~duties and responsibilities of the department of transportation~~ 
 17.30  ~~and the commissioner of transportation, in relation to such~~ 
 17.31  ~~matters as heretofore constituted, are hereby abolished.~~ 
 17.32     Subd. 3.  [LICENSING CHAUFFEURS AND SCHOOL BUS DRIVERS.] 
 17.33  The commissioner of ~~public safety, with the approval of the~~ 
 17.34  ~~governor,~~ transportation may transfer and assign to the ~~driver's~~ 
 17.35  ~~license~~ driver and vehicle services division duties and 
 17.36  responsibilities in relation to chauffeurs' licensing and school 
 18.1   bus drivers' licensing ~~as vested in and imposed upon the~~ 
 18.2   ~~division of motor vehicles~~. 
 18.3      ~~Subd. 5.  [POWERS AND DUTIES TRANSFERRED.] All the powers~~ 
 18.4   ~~and duties now vested in or imposed upon the department of~~ 
 18.5   ~~education and the department of transportation relating to~~ 
 18.6   ~~drivers' training as prescribed by section 171.04, are hereby~~ 
 18.7   ~~transferred to, vested in, and imposed upon the commissioner of~~ 
 18.8   ~~public safety.  The duties of the department of education and~~ 
 18.9   ~~the department of transportation with reference to such training~~ 
 18.10  ~~as heretofore constituted are hereby abolished.~~ 
 18.11     Subd. 6.  [FACILITIES FOR LICENSING ACTIVITIES.] The 
 18.12  commissioner of transportation shall provide space as required 
 18.13  for driver and chauffeur license activities at ~~such~~ locations 
 18.14  and under ~~such contractual~~ conditions as ~~may be determined with~~ 
 18.15  the commissioner ~~of public safety~~ may determine. 
 18.16     Sec. 23.  Minnesota Statutes 1994, section 216C.19, 
 18.17  subdivision 1, is amended to read: 
 18.18     Subdivision 1.  [ROADWAY LIGHTING; RULES.] After 
 18.19  consultation with the commissioner ~~and the commissioner of~~ 
 18.20  ~~public safety~~, the commissioner of transportation shall adopt 
 18.21  rules under chapter 14 establishing minimum energy efficiency 
 18.22  standards for street, highway, and parking lot lighting.  The 
 18.23  standards must be consistent with overall protection of the 
 18.24  public health, safety and welfare.  No new highway, street or 
 18.25  parking lot lighting may be installed in violation of these 
 18.26  rules.  Existing lighting equipment, excluding roadway sign 
 18.27  lighting, with lamps with initial efficiencies less than 70 
 18.28  lumens per watt must be replaced when worn out with light 
 18.29  sources using lamps with initial efficiencies of at least 70 
 18.30  lumens per watt. 
 18.31     Sec. 24.  Minnesota Statutes 1994, section 218.031, 
 18.32  subdivision 2, is amended to read: 
 18.33     Subd. 2.  [INFORMATION FURNISHED COMMISSIONER.] Every 
 18.34  common carrier shall furnish to the commissioner: 
 18.35     (1) All schedules of rates, fares and charges, every part 
 18.36  and classification thereof, together with minimum weights and 
 19.1   rules with respect thereto, and any and all amendments, 
 19.2   modifications or changes therein. 
 19.3      (2) All information duly required in blanks and forms 
 19.4   furnished by the commissioner. 
 19.5      (3) A copy of all annual reports and valuation data 
 19.6   furnished to the Interstate Commerce Commission not later than 
 19.7   June 30th, covering the preceding calendar year, together with 
 19.8   any additional information regarding valuation of its properties 
 19.9   requested by the commissioner. 
 19.10     (4) A report of accidents, wrecks and casualties occurring 
 19.11  in this state in such manner and form and at such times as 
 19.12  prescribed by the commissioner.  When received, all such reports 
 19.13  ~~administered by the department of public safety~~ shall be 
 19.14  ~~received and~~ administered in accordance with the provisions of 
 19.15  section 169.09, subdivision 13.  All other reports shall be open 
 19.16  to public inspection but shall not be admissible in evidence in 
 19.17  any suit or action for damages growing out of such accident, 
 19.18  wreck or casualty. 
 19.19     (5) All tariff agreements or arrangements with other 
 19.20  carriers. 
 19.21     (6) All joint schedules of rates, fares or classifications. 
 19.22     Sec. 25.  Minnesota Statutes 1994, section 270.73, 
 19.23  subdivision 1, is amended to read: 
 19.24     Subdivision 1.  [POSTING, NOTICE.] ~~Pursuant to the~~ 
 19.25  ~~authority to disclose under section 270B.12, subdivision 4,~~ The 
 19.26  commissioner shall, by the 15th of each month, submit to the 
 19.27  commissioner of ~~public safety~~ commerce a list of all taxpayers 
 19.28  who are required to withhold or collect the tax imposed by 
 19.29  section 290.92 or 297A.02, or local sales and use tax payable to 
 19.30  the commissioner of revenue, or a local option tax administered 
 19.31  and collected by the commissioner of revenue, and who are 30 
 19.32  days or more delinquent in either filing a tax return or paying 
 19.33  the tax. 
 19.34     The commissioner of revenue is under no obligation to list 
 19.35  a taxpayer whose business is inactive.  At least ten days before 
 19.36  notifying the commissioner of ~~public safety~~ commerce, the 
 20.1   commissioner of revenue shall notify the taxpayer of the 
 20.2   intended action. 
 20.3      The commissioner of ~~public safety~~ commerce shall post the 
 20.4   list in the same manner as provided in section 340A.318, 
 20.5   subdivision 3.  The list will prominently show the date of 
 20.6   posting.  If a taxpayer previously listed cures the delinquency 
 20.7   by filing all returns and paying all taxes, the commissioner 
 20.8   shall notify the commissioner of ~~public safety~~ commerce within 
 20.9   two business days that the delinquency was cured. 
 20.10     Sec. 26.  Minnesota Statutes 1994, section 297B.01, 
 20.11  subdivision 3, is amended to read: 
 20.12     Subd. 3.  [MOTOR VEHICLE REGISTRAR.] "Motor vehicle 
 20.13  registrar" shall mean the registrar of motor vehicles who is the 
 20.14  officer in charge of the ~~motor~~ driver and vehicle services 
 20.15  division, department of ~~public safety~~ transportation, of this 
 20.16  state and who shall act as the agent of the commissioner of 
 20.17  revenue in administering the provisions of this chapter.  
 20.18     Sec. 27.  Minnesota Statutes 1994, section 297C.09, is 
 20.19  amended to read: 
 20.20     297C.09 [IMPORTATION BY INDIVIDUALS.] 
 20.21     A person, other than a person under the age of 21 years, 
 20.22  entering Minnesota from another state may have in possession one 
 20.23  liter of intoxicating liquor or 288 ounces of malt liquor and a 
 20.24  person entering Minnesota from a foreign country may have in 
 20.25  possession four liters of intoxicating liquor or ten quarts (320 
 20.26  ounces) of malt liquor without the required payment of the 
 20.27  Minnesota excise tax.  A collector of commemorative bottles, 
 20.28  other than a person under the age of 21 years, entering 
 20.29  Minnesota from another state may have in possession 12 or fewer 
 20.30  commemorative bottles without the required payment of the 
 20.31  Minnesota excise tax.  A person entering Minnesota from another 
 20.32  state who imports or has in possession intoxicating liquor or 
 20.33  malt liquor in excess of the quantities provided for in this 
 20.34  section is guilty of a misdemeanor.  A person entering Minnesota 
 20.35  from a foreign country who imports or has in possession untaxed 
 20.36  intoxicating liquor or malt liquor in excess of the quantities 
 21.1   provided for in this section is guilty of a misdemeanor.  This 
 21.2   section does not apply to the consignments of alcoholic 
 21.3   beverages shipped into this state by holders of Minnesota import 
 21.4   licenses or Minnesota manufacturers and wholesalers when 
 21.5   licensed by the commissioner of ~~public safety~~ commerce or to 
 21.6   common carriers with licenses to sell intoxicating liquor in 
 21.7   more than one state.  A peace officer, the commissioner of 
 21.8   commerce, or their authorized agents, may seize untaxed liquor. 
 21.9      Sec. 28.  Minnesota Statutes 1994, section 297C.10, 
 21.10  subdivision 1, is amended to read: 
 21.11     Subdivision 1.  [ENFORCEMENT RESPONSIBILITY.] The 
 21.12  commissioners of ~~public safety~~ commerce and revenue shall 
 21.13  enforce and administer the provisions of this chapter. 
 21.14     Sec. 29.  Minnesota Statutes 1994, section 299A.02, is 
 21.15  amended to read: 
 21.16     299A.02 [COMMISSIONERS OF ~~PUBLIC SAFETY~~ COMMERCE AND 
 21.17  REVENUE; LIQUOR CONTROL FUNCTIONS.] 
 21.18     Subdivision 1.  [~~DIRECTOR OF DIVISION OF LIQUOR CONTROL~~ 
 21.19  CONFLICT OF INTEREST.] No employee of the department of ~~public~~ 
 21.20  ~~safety~~ commerce or the department of revenue having any 
 21.21  responsibility for the administration or enforcement of ~~Laws~~ 
 21.22  ~~1985, chapter 305, articles 2 to 11~~ this section and chapters 
 21.23  297C and 340A shall have a direct or indirect interest, except 
 21.24  through ownership or investment in pension or mutual funds, in 
 21.25  the manufacture, transportation or sale of intoxicating liquor 
 21.26  or any malt or vinous beverages, intoxicating, nonintoxicating, 
 21.27  or commercial or industrial alcohol.  The commissioner of ~~public~~ 
 21.28  ~~safety~~ commerce or the commissioner of revenue may remove an 
 21.29  employee in the unclassified civil service for any intentional 
 21.30  violation of any provision in ~~Laws 1985, chapter 305, articles 2~~ 
 21.31  ~~to 11~~ this section and chapters 297C and 340A.  Intentional 
 21.32  violation of the preceding sections by a classified employee of 
 21.33  one of the departments may be grounds for removal of that 
 21.34  employee pursuant to section 43A.33. 
 21.35     Subd. 2.  [GENERAL POWERS.] The commissioner of commerce 
 21.36  shall administer and enforce the provisions of ~~Laws 1985,~~ 
 22.1   ~~chapter 305, articles 2 to 11~~ this section and chapters 297C and 
 22.2   340A except for those provisions thereof for which 
 22.3   administration and enforcement are reserved to the commissioner 
 22.4   of revenue. 
 22.5      Subd. 3.  [REPORTS; RULES.] The commissioner shall have 
 22.6   power to require periodic factual reports from all licensed 
 22.7   importers, manufacturers, wholesalers and retailers of 
 22.8   intoxicating liquors and to make all reasonable rules to effect 
 22.9   the object of ~~Laws 1985, chapter 305, articles 2 to 11~~ this 
 22.10  section and chapters 297C and 340A.  The rules shall include 
 22.11  provisions for assuring the purity of intoxicating liquors and 
 22.12  the true statement of its contents and proper labeling thereof 
 22.13  with regard to all forms of sale.  No rule may require the use 
 22.14  of new containers in aging whiskey.  No rule may require 
 22.15  cordials or liqueurs to contain in excess of 2-1/2 percent by 
 22.16  weight of sugar or dextrose or both. 
 22.17     Subd. 4.  [SUBPOENAS.] In all matters relating to official 
 22.18  duties, the commissioner shall have the powers possessed by 
 22.19  courts of law to issue subpoenas and cause them to be served and 
 22.20  enforced.  All public officials, and their respective deputies 
 22.21  and employees, and all individuals, partnerships, firms, 
 22.22  corporations, incorporated and unincorporated associations, and 
 22.23  others who manufacture, transport, or sell intoxicating liquor, 
 22.24  or are connected therewith in any manner, shall at all times 
 22.25  attend and answer under oath the commissioner's lawful 
 22.26  inquiries, produce and exhibit such books, accounts, documents 
 22.27  and property as the commissioner may desire to inspect, and in 
 22.28  all things aid the commissioner in the performance of the 
 22.29  commissioner's duties. 
 22.30     Sec. 30.  Minnesota Statutes 1994, section 299A.30, is 
 22.31  amended to read: 
 22.32     299A.30 [OFFICE OF DRUG POLICY AND VIOLENCE PREVENTION.] 
 22.33     Subdivision 1.  [OFFICE; ~~ASSISTANT COMMISSIONER~~ DIRECTOR.] 
 22.34  The office of drug policy and violence prevention is ~~an office~~ 
 22.35  established in the ~~department of public safety~~ office of the 
 22.36  governor headed by ~~an assistant commissioner~~ a director 
 23.1   appointed by the ~~commissioner~~ governor to serve in the 
 23.2   unclassified service.  The ~~assistant commissioner~~ director may 
 23.3   appoint other employees.  The ~~assistant commissioner~~ director 
 23.4   shall coordinate the violence prevention activities and the 
 23.5   prevention and supply reduction activities of state and local 
 23.6   agencies and provide one professional staff member to assist on 
 23.7   a full-time basis the work of the chemical abuse prevention 
 23.8   resource council. 
 23.9      Subd. 2.  [DUTIES.] (a) The ~~assistant commissioner~~ director 
 23.10  shall: 
 23.11     (1) gather, develop, and make available throughout the 
 23.12  state information and educational materials on preventing and 
 23.13  reducing violence in the family and in the community, both 
 23.14  directly and by serving as a clearinghouse for information and 
 23.15  educational materials from schools, state and local agencies, 
 23.16  community service providers, and local organizations; 
 23.17     (2) foster collaboration among schools, state and local 
 23.18  agencies, community service providers, and local organizations 
 23.19  that assist in violence intervention or prevention; 
 23.20     (3) assist schools, state and local agencies, service 
 23.21  providers, and organizations, on request, with training and 
 23.22  other programs designed to educate individuals about violence 
 23.23  and reinforce values that contribute to ending violence; 
 23.24     (4) after consulting with all state agencies involved in 
 23.25  preventing or reducing violence within the family or community, 
 23.26  develop a statewide strategy for preventing and reducing 
 23.27  violence that encompasses the efforts of those agencies and 
 23.28  takes into account all money available for preventing or 
 23.29  reducing violence from any source; 
 23.30     (5) submit the strategy to the governor and the legislature 
 23.31  by January 15 of each calendar year, along with a summary of 
 23.32  activities occurring during the previous year to prevent or 
 23.33  reduce violence experienced by children, young people, and their 
 23.34  families; and 
 23.35     (6) assist appropriate professional and occupational 
 23.36  organizations, including organizations of law enforcement 
 24.1   officers, prosecutors, and educators, in developing and 
 24.2   operating informational and training programs to improve the 
 24.3   effectiveness of activities to prevent or reduce violence within 
 24.4   the family or community. 
 24.5      (b) The ~~assistant commissioner~~ director shall gather and 
 24.6   make available information on prevention and supply reduction 
 24.7   activities throughout the state, foster cooperation among 
 24.8   involved state and local agencies, and assist agencies and 
 24.9   public officials in training and other programs designed to 
 24.10  improve the effectiveness of prevention and supply reduction 
 24.11  activities. 
 24.12     (c) The ~~assistant commissioner~~ director shall coordinate 
 24.13  the distribution of funds received by the state of Minnesota 
 24.14  through the federal Anti-Drug Abuse Act.  The ~~assistant~~ 
 24.15  ~~commissioner~~ director shall recommend to the commissioner 
 24.16  recipients of grants under sections 299A.33 and 299A.34, after 
 24.17  consultation with the chemical abuse prevention resource council.
 24.18     (d) The ~~assistant commissioner~~ director shall: 
 24.19     (1) after consultation with all state agencies involved in 
 24.20  prevention or supply reduction activities, develop a state 
 24.21  chemical abuse and dependency strategy encompassing the efforts 
 24.22  of those agencies and taking into account all money available 
 24.23  for prevention and supply reduction activities, from any source; 
 24.24     (2) submit the strategy to the governor and the legislature 
 24.25  by January 15 of each year, along with a summary of prevention 
 24.26  and supply reduction activities during the preceding calendar 
 24.27  year; 
 24.28     (3) assist appropriate professional and occupational 
 24.29  organizations, including organizations of law enforcement 
 24.30  officers, prosecutors, and educators, in developing and 
 24.31  operating informational and training programs to improve the 
 24.32  effectiveness of prevention and supply reduction activities; 
 24.33     (4) provide information, including information on drug 
 24.34  trends, and assistance to state and local agencies, both 
 24.35  directly and by functioning as a clearinghouse for information 
 24.36  from other agencies; 
 25.1      (5) facilitate cooperation among drug program agencies; and 
 25.2      (6) in coordination with the chemical abuse prevention 
 25.3   resource council, review, approve, and coordinate the 
 25.4   administration of prevention, criminal justice, and treatment 
 25.5   grants. 
 25.6      Sec. 31.  Minnesota Statutes 1994, section 299A.31, 
 25.7   subdivision 1, is amended to read: 
 25.8      Subdivision 1.  [ESTABLISHMENT; MEMBERSHIP.] A chemical 
 25.9   abuse and violence prevention council consisting of 19 members 
 25.10  is established.  The commissioners of ~~public safety~~ 
 25.11  transportation, education, health, corrections, and human 
 25.12  services, the director of the office of strategic and long-range 
 25.13  planning, the superintendent of the bureau of criminal 
 25.14  apprehension, and the attorney general shall each appoint one 
 25.15  member from among their employees.  The speaker of the house of 
 25.16  representatives and the subcommittee on committees of the senate 
 25.17  shall each appoint a legislative member.  The governor shall 
 25.18  appoint an additional ten members who shall represent the 
 25.19  demographic and geographic composition of the state and, to the 
 25.20  extent possible, shall represent the following:  public health; 
 25.21  education including preschool, elementary, and higher education; 
 25.22  social services; financial aid services; chemical dependency 
 25.23  treatment; law enforcement; prosecution; defense; the judiciary; 
 25.24  corrections; treatment research professionals; drug abuse 
 25.25  prevention professionals; the business sector; religious 
 25.26  leaders; representatives of racial and ethnic minority 
 25.27  communities; and other community representatives.  The members 
 25.28  shall designate one of the governor's appointees as chair of the 
 25.29  council.  Compensation and removal of members are governed by 
 25.30  section 15.059.  
 25.31     Sec. 32.  Minnesota Statutes 1994, section 299A.331, 
 25.32  subdivision 1, is amended to read: 
 25.33     Subdivision 1.  [MEMBERSHIP.] The advisory council on drug 
 25.34  abuse resistance education consists of: 
 25.35     (1) the attorney general who shall serve as chair; 
 25.36     (2) the ~~commissioner of public safety~~ superintendent of the 
 26.1   bureau of criminal apprehension; 
 26.2      (3) the commissioner of education; 
 26.3      (4) three representatives of law enforcement appointed by 
 26.4   the ~~commissioner of public safety~~ governor; 
 26.5      (5) three representatives of education appointed by the 
 26.6   commissioner of education; 
 26.7      (6) a representative of the DARE officers association 
 26.8   appointed by the peace officer standards and training board from 
 26.9   among recommendations of the association; and 
 26.10     (7) seven citizens appointed by the attorney general. 
 26.11     Sec. 33.  Minnesota Statutes 1994, section 299A.38, 
 26.12  subdivision 1, is amended to read: 
 26.13     Subdivision 1.  [DEFINITIONS.] As used in this section: 
 26.14     (a) ~~"Commissioner" means the commissioner of public safety.~~ 
 26.15     ~~(b)~~ "Peace officer" means a person who is licensed under 
 26.16  section 626.84, subdivision 1, paragraph (c). 
 26.17     (b) "Superintendent" means the superintendent of the bureau 
 26.18  of criminal apprehension. 
 26.19     (c) "Vest" means bullet-resistant soft body armor that is 
 26.20  flexible, concealable, and custom fitted to the peace officer to 
 26.21  provide ballistic and trauma protection. 
 26.22     Sec. 34.  Minnesota Statutes 1994, section 299C.01, is 
 26.23  amended to read: 
 26.24     299C.01 [~~CRIMINAL~~ BUREAU OF CRIMINAL APPREHENSION.] 
 26.25     Subdivision 1.  [POWERS TRANSFERRED TO ~~COMMISSIONER~~ 
 26.26  SUPERINTENDENT.] All the powers and duties ~~now~~ formally vested 
 26.27  in or imposed upon the commissioner of public safety before the 
 26.28  effective date of this article, relating to the bureau of 
 26.29  criminal apprehension or the superintendent of the bureau of 
 26.30  criminal apprehension as prescribed by ~~chapter 626, or any other~~ 
 26.31  law, are hereby transferred to, vested in, and imposed upon 
 26.32  the ~~commissioner of public safety~~ superintendent of the bureau 
 26.33  of criminal apprehension.  The bureau of criminal apprehension 
 26.34  and the office of the superintendent of the bureau of criminal 
 26.35  apprehension as heretofore constituted as a division of the 
 26.36  department of public safety are abolished and the bureau is 
 27.1   created as an independent agency in the executive branch of 
 27.2   state government. 
 27.3      Subd. 2.  [DIVISION OF DEPARTMENT OF PUBLIC SAFETY.] ~~A~~ 
 27.4   ~~division in the department of public safety to be known as~~ The 
 27.5   bureau of criminal apprehension is hereby created, under the 
 27.6   supervision and control of the superintendent of criminal 
 27.7   apprehension, who shall be appointed by the ~~commissioner~~ 
 27.8   governor, with the advice and consent of the senate, and serve 
 27.9   ~~at the commissioner's pleasure in the unclassified service of~~ 
 27.10  ~~the state civil service, to whom~~ a term coterminous with the 
 27.11  term of the governor under whom appointed.  The position of 
 27.12  deputy superintendent, or similar position, is not authorized.  
 27.13  Except when contrary to this subdivision, the provisions of 
 27.14  section 15.06 apply to the position of superintendent of the 
 27.15  bureau of criminal apprehension.  The superintendent shall be 
 27.16  assigned the duties and responsibilities described in 
 27.17  this ~~section~~ chapter and chapters 299F and 299L.  
 27.18     Subd. 4.  [DUTIES GENERALLY.] The ~~division of the~~ bureau of 
 27.19  criminal apprehension shall perform such functions and duties as 
 27.20  relate to statewide and nationwide crime information systems as 
 27.21  the ~~commissioner~~ superintendent may direct.  
 27.22     Sec. 35.  Minnesota Statutes 1994, section 299C.03, is 
 27.23  amended to read: 
 27.24     299C.03 [SUPERINTENDENT; RULES.] 
 27.25     The superintendent, ~~with the approval of the commissioner~~ 
 27.26  ~~of public safety,~~ from time to time, shall make such rules and 
 27.27  adopt such measures as the superintendent deems necessary, 
 27.28  within the provisions and limitations of sections 299C.03 to 
 27.29  299C.08, 299C.10, 299C.11, 299C.17, 299C.18, and 299C.21, and 
 27.30  chapters 299F and 299L, to secure the efficient operation of the 
 27.31  bureau.  The bureau shall cooperate with the respective 
 27.32  sheriffs, constables, marshals, police, and other peace officers 
 27.33  of the state in the detection of crime and the apprehension of 
 27.34  criminals throughout the state, and shall have the power to 
 27.35  conduct such investigations as the superintendent~~, with the~~ 
 27.36  ~~approval of the commissioner of public safety,~~ may deem 
 28.1   necessary to secure evidence which may be essential to the 
 28.2   apprehension and conviction of alleged violators of the criminal 
 28.3   laws of the state.  The various members of the bureau shall have 
 28.4   and may exercise throughout the state the same powers of arrest 
 28.5   possessed by a sheriff, but they shall not be employed to render 
 28.6   police service in connection with strikes and other industrial 
 28.7   disputes.  
 28.8      Sec. 36.  Minnesota Statutes 1994, section 299C.06, is 
 28.9   amended to read: 
 28.10     299C.06 [DIVISION POWERS AND DUTIES; LOCAL OFFICERS TO 
 28.11  COOPERATE.] 
 28.12     It shall be the duty of all sheriffs, chiefs of police, 
 28.13  city marshals, constables, prison wardens, superintendents of 
 28.14  insane hospitals, reformatories and correctional schools, 
 28.15  probation and parole officers, school attendance officers, 
 28.16  coroners, county attorneys, court clerks, ~~the commissioner of~~ 
 28.17  ~~public safety,~~ the commissioner of transportation, and the state 
 28.18  fire marshal to furnish to the division statistics and 
 28.19  information regarding the number of crimes reported and 
 28.20  discovered, arrests made, complaints, informations, and 
 28.21  indictments, filed and the disposition made of same, pleas, 
 28.22  convictions, acquittals, probations granted or denied, receipts, 
 28.23  transfers, and discharges to and from prisons, reformatories, 
 28.24  correctional schools, and other institutions, paroles granted 
 28.25  and revoked, commutation of sentences and pardons granted and 
 28.26  rescinded, and all other data useful in determining the cause 
 28.27  and amount of crime in this state and to form a basis for the 
 28.28  study of crime, police methods, court procedure, and penal 
 28.29  problems. Such statistics and information shall be furnished 
 28.30  upon the request of the division and upon such forms as may be 
 28.31  prescribed and furnished by it.  The division shall have the 
 28.32  power to inspect and prescribe the form and substance of the 
 28.33  records kept by those officials from which the information is so 
 28.34  furnished. 
 28.35     Sec. 37.  Minnesota Statutes 1994, section 299C.13, is 
 28.36  amended to read: 
 29.1      299C.13 [INFORMATION FURNISHED TO PEACE OFFICERS.] 
 29.2      Upon receipt of information data as to any arrested person, 
 29.3   the bureau shall immediately ascertain whether the person 
 29.4   arrested has a criminal record or is a fugitive from justice, 
 29.5   and shall at once inform the arresting officer of the facts 
 29.6   ascertained.  Upon application by any sheriff, chief of police, 
 29.7   or other peace officer in the state, or by an officer of the 
 29.8   United States or by an officer of another state, territory, or 
 29.9   government duly authorized to receive the same and effecting 
 29.10  reciprocal interchange of similar information with the ~~division~~ 
 29.11  bureau, it shall be the duty of the bureau to furnish all 
 29.12  information in its possession pertaining to the identification 
 29.13  of any person.  If the bureau has a sealed record on the 
 29.14  arrested person, it shall notify the requesting peace officer of 
 29.15  that fact and of the right to seek a court order to open the 
 29.16  record for purposes of law enforcement.  
 29.17     Sec. 38.  Minnesota Statutes 1994, section 299C.50, is 
 29.18  amended to read: 
 29.19     299C.50 [TRANSFER OF FUNCTIONS.] 
 29.20     The ~~commissioner of public safety~~ superintendent of the 
 29.21  bureau of criminal apprehension shall perform all duties in 
 29.22  respect to the state's criminal justice information system ~~which~~ 
 29.23  ~~were transferred from the commissioner of finance and the~~ 
 29.24  ~~governor's commission on crime prevention and control by~~ 
 29.25  ~~executive order of the governor; provided, that a transfer shall~~ 
 29.26  ~~not occur if the state is informed by a federal agency that the~~ 
 29.27  ~~transfer will result in the loss of federal moneys to which the~~ 
 29.28  ~~state would otherwise be entitled pursuant to the Omnibus Crime~~ 
 29.29  ~~Control and Safe Streets Act of 1968, Public Law Number 90-351,~~ 
 29.30  ~~as amended by the Juvenile Justice and Delinquency Prevention~~ 
 29.31  ~~Act of 1974, Public Law Number 93-415, and the Crime Control Act~~ 
 29.32  ~~of 1976, Public Law Number 94-503~~. 
 29.33     Sec. 39.  Minnesota Statutes 1994, section 299F.01, is 
 29.34  amended to read: 
 29.35     299F.01 [FIRE MARSHAL.] 
 29.36     Subdivision 1.  [~~COMMISSIONER'S~~ POWERS AND DUTIES 
 30.1   TRANSFERRED.] All the powers and duties ~~now~~ formerly vested in 
 30.2   or imposed upon the commissioner of ~~commerce as ex officio state~~ 
 30.3   ~~fire marshal as prescribed in Minnesota Statutes, chapters 73,~~ 
 30.4   ~~74, 75, 76, and any other law~~ public safety before the effective 
 30.5   date of this article, are hereby transferred to, vested in, and 
 30.6   imposed upon the ~~commissioner of public safety~~ superintendent of 
 30.7   the bureau of criminal apprehension.  The duties and 
 30.8   responsibilities of the commissioner of ~~commerce as ex~~ 
 30.9   ~~officio~~ public safety related to the division of the state fire 
 30.10  marshal as heretofore constituted are abolished.  
 30.11     Subd. 2.  [DIVISION CREATED; STATE FIRE MARSHAL.] A 
 30.12  division in the ~~department of public safety~~ bureau of criminal 
 30.13  apprehension to be known as the division of fire marshal is 
 30.14  hereby created, under the supervision and control of the state 
 30.15  fire marshal, to whom shall be assigned the duties and 
 30.16  responsibilities described in this section.  The commissioner 
 30.17  may place the fire marshal's position in the unclassified 
 30.18  service if the position meets the criteria of section 43A.08, 
 30.19  subdivision 1a.  
 30.20     Subd. 3.  [INCUMBENT; TRANSITIONAL PROVISION.] ~~Upon the~~ 
 30.21  ~~effective date of this act~~ On July 1, 1995, the individual 
 30.22  occupying the position of ~~assistant commissioner,~~ state fire 
 30.23  marshal ~~division~~ on that date, shall retain such position for a 
 30.24  period of at least 12 months, or until removed for cause.  
 30.25     Sec. 40.  Minnesota Statutes 1994, section 299F.05, 
 30.26  subdivision 2, is amended to read: 
 30.27     Subd. 2.  [INFORMATION SYSTEMS.] The state fire marshal and 
 30.28  the superintendent of the bureau of criminal apprehension shall 
 30.29  maintain a record of arrests, charges filed, and final 
 30.30  disposition of all fires reported and investigated under 
 30.31  sections 299F.04 and 299F.05.  For this purpose a single 
 30.32  reporting system shall be implemented by the ~~department of~~ 
 30.33  ~~public safety utilizing the systems operated by the fire marshal~~ 
 30.34  ~~and the~~ bureau.  The system shall be operated in such a way as 
 30.35  to minimize duplication and discrepancies in reported figures. 
 30.36     Sec. 41.  Minnesota Statutes 1994, section 299L.01, 
 31.1   subdivision 1, is amended to read: 
 31.2      Subdivision 1.  [DEFINITIONS.] (a) For the purposes of this 
 31.3   chapter, the terms defined in this subdivision have the meanings 
 31.4   given them. 
 31.5      (b) "Division" means the division of gambling enforcement.  
 31.6      (c) ~~"Commissioner" means the commissioner of public safety.~~ 
 31.7      ~~(d)~~ "Director" means the director of gambling enforcement.  
 31.8      ~~(e)~~ (d) "Manufacturer" means a person who assembles from 
 31.9   raw materials or subparts a gambling device for sale or use in 
 31.10  Minnesota. 
 31.11     ~~(f)~~ (e) "Distributor" means a person who sells, offers to 
 31.12  sell, or otherwise provides a gambling device to a person in 
 31.13  Minnesota. 
 31.14     ~~(g)~~ (f) "Used gambling device" means a gambling device five 
 31.15  or more years old from the date of manufacture. 
 31.16     Sec. 42.  Minnesota Statutes 1994, section 340A.201, is 
 31.17  amended to read: 
 31.18     340A.201 [LIQUOR CONTROL AUTHORITY.] 
 31.19     Effective July 1, 1995, the commissioner of ~~public safety~~ 
 31.20  commerce is the successor to the commissioner of ~~liquor control~~ 
 31.21  public safety with respect to the powers and duties related to 
 31.22  liquor regulation vested in the latter as of ~~February 6, 1976,~~ 
 31.23  ~~except for those powers and duties transferred to the~~ 
 31.24  ~~commissioner of revenue~~ June 30, 1995.  Any proceeding, court 
 31.25  action, prosecution, or other business undertaken or commenced 
 31.26  as of ~~February 6, 1976~~ June 30, 1995, by the commissioner 
 31.27  of ~~liquor control~~ public safety is assigned to and may be 
 31.28  completed by the ~~commissioners of public safety and revenue as~~ 
 31.29  ~~appropriate and may be completed by them~~ commissioner of 
 31.30  commerce. 
 31.31     Sec. 43.  Minnesota Statutes 1994, section 347.51, 
 31.32  subdivision 2a, is amended to read: 
 31.33     Subd. 2a.  [WARNING SYMBOL.] If a county issues a 
 31.34  certificate of registration to the owner of a dangerous dog 
 31.35  pursuant to subdivision 2, the county must provide, for posting 
 31.36  on the owner's property, a copy of a warning symbol to inform 
 32.1   children that there is a dangerous dog on the property.  The 
 32.2   design of the warning symbol must be uniform and specified by 
 32.3   the commissioner of ~~public safety~~ health, after consultation 
 32.4   with animal control professionals.  The design specification 
 32.5   process is exempt from rulemaking under chapter 14 and is exempt 
 32.6   from section 14.38.  The commissioner shall provide the number 
 32.7   of copies of the warning symbol requested by each county and 
 32.8   shall charge the county the actual cost of the warning symbols 
 32.9   received.  The county may charge the registrant a reasonable fee 
 32.10  to cover its administrative costs and the cost of the warning 
 32.11  symbol.  
 32.12     Sec. 44.  Minnesota Statutes 1994, section 349.151, 
 32.13  subdivision 2, is amended to read: 
 32.14     Subd. 2.  [MEMBERSHIP.] (a) On and after July 1, 1991, the 
 32.15  board consists of seven members, as follows:  (1) those members 
 32.16  appointed by the governor before July 1, 1991, whose terms 
 32.17  expire June 30, 1992, June 30, 1993, and June 30, 1994; (2) one 
 32.18  member appointed by the governor for a term expiring June 30, 
 32.19  1994; (3) one member appointed by the ~~commissioner of public~~ 
 32.20  ~~safety~~ governor for a term expiring June 30, 1995; and (4) one 
 32.21  member appointed by the attorney general for a term expiring 
 32.22  June 30, 1995. 
 32.23     (b) All appointments under this subdivision are with the 
 32.24  advice and consent of the senate. 
 32.25     (c) After expiration of the initial terms, appointments are 
 32.26  for four years. 
 32.27     (d) The board shall select one of its members to serve as 
 32.28  chair.  No more than three members appointed by the governor 
 32.29  under this subdivision may belong to the same political party. 
 32.30     Sec. 45.  Minnesota Statutes 1994, section 352B.01, 
 32.31  subdivision 2, is amended to read: 
 32.32     Subd. 2.  [MEMBER.] "Member" means: 
 32.33     (a) persons referred to and employed after June 30, 1943, 
 32.34  under Laws 1929, chapter 355, as amended or supplemented, 
 32.35  currently employed by the state, whose salaries or compensation 
 32.36  is paid out of state funds; 
 33.1      (b) a conservation officer employed under section 97A.201, 
 33.2   currently employed by the state, whose salary or compensation is 
 33.3   paid out of state funds; 
 33.4      (c) a crime bureau officer who was employed by the crime 
 33.5   bureau and was a member of the highway patrolmen's retirement 
 33.6   fund on July 1, 1978, whether or not that person has the power 
 33.7   of arrest by warrant after that date, or who is employed as 
 33.8   police personnel, with powers of arrest by warrant under section 
 33.9   299C.04, and who is currently employed by the state, and whose 
 33.10  salary or compensation is paid out of state funds; 
 33.11     (d) a person who is employed by the state in the department 
 33.12  of public safety or a successor state agency in a data 
 33.13  processing management position with salary or compensation paid 
 33.14  from state funds, who was a crime bureau officer covered by the 
 33.15  state patrol retirement plan on August 15, 1987, and who was 
 33.16  initially hired in the data processing management position 
 33.17  within the department during September 1987, or January 1988, 
 33.18  with membership continuing for the duration of the person's 
 33.19  employment in that position, whether or not the person has the 
 33.20  power of arrest by warrant after August 15, 1987; and 
 33.21     (e) ~~public safety~~ employees of the bureau of criminal 
 33.22  apprehension defined as peace officers in section 626.84, 
 33.23  subdivision 1, paragraph (c), and employed with the division of 
 33.24  gambling enforcement under section 299L.01.  
 33.25     Sec. 46.  Minnesota Statutes 1994, section 360.0752, 
 33.26  subdivision 7, is amended to read: 
 33.27     Subd. 7.  [PRELIMINARY SCREENING TEST.] When a peace 
 33.28  officer has reason to believe that a person may be violating or 
 33.29  has violated subdivision 2, the officer may require the person 
 33.30  to provide a sample of the person's breath for a preliminary 
 33.31  screening test using a device approved by the commissioner of 
 33.32  ~~public safety or the commissioner of~~ transportation for this 
 33.33  purpose.  The results of this preliminary screening test shall 
 33.34  be used for the purpose of deciding whether to require the tests 
 33.35  authorized in section 360.0753, but shall not be used in any 
 33.36  court action except to prove that a test was properly required 
 34.1   of a person pursuant to section 360.0753.  Following the 
 34.2   screening test, additional tests may be required of the person 
 34.3   pursuant to the provisions of section 360.0753.  
 34.4      A person who refuses to furnish a sample of the person's 
 34.5   breath is subject to the provisions of section 360.0753 unless, 
 34.6   in compliance with section 360.0753, the person submits to a 
 34.7   blood, breath, or urine test to determine the presence of 
 34.8   alcohol or a controlled substance.  
 34.9      Sec. 47.  Minnesota Statutes 1994, section 360.0753, 
 34.10  subdivision 6, is amended to read: 
 34.11     Subd. 6.  [MANNER OF MAKING TEST; ADDITIONAL TESTS.] Only a 
 34.12  physician, medical technician, physician's trained mobile 
 34.13  intensive care paramedic, registered nurse, medical 
 34.14  technologist, or laboratory assistant acting at the request of a 
 34.15  peace officer may withdraw blood for the purpose of determining 
 34.16  the presence of alcohol or controlled substance.  This 
 34.17  limitation does not apply to the taking of a breath or urine 
 34.18  sample.  The person tested has the right to have someone of the 
 34.19  person's own choosing administer a chemical test or tests in 
 34.20  addition to any administered at the direction of a peace 
 34.21  officer; provided, that the additional test sample on behalf of 
 34.22  the person is obtained at the place where the person is in 
 34.23  custody, after the test administered at the direction of a peace 
 34.24  officer, and at no expense to the state.  The failure or 
 34.25  inability to obtain an additional test or tests by a person 
 34.26  shall not preclude the admission in evidence of the test taken 
 34.27  at the direction of a peace officer unless the additional test 
 34.28  was prevented or denied by the peace officer.  The physician, 
 34.29  medical technician, physician's trained mobile intensive care 
 34.30  paramedic, medical technologist, laboratory assistant, or 
 34.31  registered nurse drawing blood at the request of a peace officer 
 34.32  for the purpose of determining alcohol concentration shall in no 
 34.33  manner be liable in any civil or criminal action except for 
 34.34  negligence in drawing the blood.  The person administering a 
 34.35  breath test shall be fully trained in the administration of 
 34.36  breath tests pursuant to training given by the commissioner of 
 35.1   ~~public safety or the commissioner of~~ transportation or the 
 35.2   superintendent of the bureau of criminal apprehension.  
 35.3      Sec. 48.  Minnesota Statutes 1994, section 611A.20, 
 35.4   subdivision 2, is amended to read: 
 35.5      Subd. 2.  [CONTENTS OF NOTICE.] The ~~commissioners of public~~ 
 35.6   ~~safety and~~ commissioner of corrections, in consultation with 
 35.7   sexual assault victim advocates and health care professionals, 
 35.8   shall develop the notice required by subdivision 1.  The notice 
 35.9   must inform the victim of: 
 35.10     (1) the risk of contracting sexually transmitted diseases 
 35.11  as a result of a sexual assault; 
 35.12     (2) the symptoms of sexually transmitted diseases; 
 35.13     (3) recommendations for periodic testing for the diseases, 
 35.14  where appropriate; 
 35.15     (4) locations where confidential testing is done and the 
 35.16  extent of the confidentiality provided; 
 35.17     (5) information necessary to make an informed decision 
 35.18  whether to request a test of the offender under section 611A.19; 
 35.19  and 
 35.20     (6) other medically relevant information. 
 35.21     Sec. 49.  Minnesota Statutes 1994, section 624.7151, is 
 35.22  amended to read: 
 35.23     624.7151 [STANDARDIZED FORMS.] 
 35.24     ~~By December 1, 1992, the commissioner of public safety~~ The 
 35.25  superintendent of the bureau of criminal apprehension shall 
 35.26  adopt statewide standards governing the form and contents, as 
 35.27  required by sections 624.7131 to 624.714, of every application 
 35.28  for a pistol transferee permit, pistol transferee permit, report 
 35.29  of transfer of a pistol, application for a permit to carry a 
 35.30  pistol, and permit to carry a pistol that is granted or renewed 
 35.31  on or after January 1, 1993.  The adoption of these standards is 
 35.32  not subject to the rulemaking provisions of chapter 14. 
 35.33     Every application for a pistol transferee permit, pistol 
 35.34  transferee permit, report of transfer of a pistol, application 
 35.35  for a permit to carry a pistol, and permit to carry a pistol 
 35.36  that is received, granted, or renewed by a police chief or 
 36.1   county sheriff on or after January 1, 1993, must meet the 
 36.2   statewide standards adopted by the ~~commissioner of public safety~~ 
 36.3   superintendent.  Notwithstanding the previous sentence, neither 
 36.4   failure ~~of the department of public safety~~ to adopt standards 
 36.5   nor failure of the police chief or county sheriff to meet them 
 36.6   shall delay the timely processing of applications nor invalidate 
 36.7   permits issued on other forms meeting the requirements of 
 36.8   sections 624.7131 to 624.714. 
 36.9      Sec. 50.  Minnesota Statutes 1994, section 626.5531, 
 36.10  subdivision 2, is amended to read: 
 36.11     Subd. 2.  [USE OF INFORMATION COLLECTED.] The head of a 
 36.12  local law enforcement agency or state law enforcement department 
 36.13  that employs peace officers licensed under section 626.843 must 
 36.14  file a monthly report describing crimes reported under this 
 36.15  section with the ~~department of public safety,~~ bureau of criminal 
 36.16  apprehension.  The ~~commissioner of public safety~~ superintendent 
 36.17  of the bureau of criminal apprehension must summarize and 
 36.18  analyze the information received and file an annual report with 
 36.19  the department of human rights and the legislature.  The 
 36.20  ~~commissioner~~ superintendent may include information in the 
 36.21  annual report concerning any additional criminal activity 
 36.22  motivated by bias that is not covered by this section. 
 36.23     Sec. 51.  Minnesota Statutes 1994, section 626.562, 
 36.24  subdivision 1, is amended to read: 
 36.25     Subdivision 1.  [ESTABLISHMENT OF TELEPHONE LINE.] The 
 36.26  commissioner of ~~public safety~~ human services shall contract for 
 36.27  at least one statewide toll-free 24-hour telephone line for the 
 36.28  purpose of providing consultative and training services for 
 36.29  physicians, therapists, child protection workers, and other 
 36.30  professionals involved in child protection.  Services provided 
 36.31  must include emergency and longer term consultation on 
 36.32  individual child protection cases. 
 36.33     Sec. 52.  Minnesota Statutes 1994, section 634.16, is 
 36.34  amended to read: 
 36.35     634.16 [ADMISSION INTO EVIDENCE OF RESULTS OF INFRARED 
 36.36  BREATH-TESTS.] 
 37.1      In any civil or criminal hearing or trial, the results of 
 37.2   an infrared breath-test, when performed by a person who has been 
 37.3   fully trained in the use of an infrared breath-testing 
 37.4   instrument, as defined in section 169.01, subdivision 68, 
 37.5   pursuant to training given or approved by the ~~commissioner of~~ 
 37.6   ~~public safety~~ superintendent of the bureau of criminal 
 37.7   apprehension or the ~~commissioner's~~ superintendent's acting 
 37.8   agent, are admissible in evidence without antecedent expert 
 37.9   testimony that an infrared breath-testing instrument provides a 
 37.10  trustworthy and reliable measure of the alcohol in the breath. 
 37.11     Sec. 53.  [WORKER PARTICIPATION.] 
 37.12     Subdivision 1.  [RESTRUCTURING PROVISIONS.] The 
 37.13  restructuring of agencies required by this article shall be 
 37.14  conducted under Minnesota Statutes, section 43A.045.  
 37.15     Subd. 2.  [WORKER PARTICIPATION COMMITTEES.] (a) Before the 
 37.16  restructuring of executive branch agencies under this article, a 
 37.17  committee including representatives of employees and employers 
 37.18  within each affected agency must be established and be given 
 37.19  adequate time to perform the functions prescribed by paragraph 
 37.20  (b).  Each exclusive representative of employees shall select a 
 37.21  committee member from each of its bargaining units in each 
 37.22  affected agency.  The head of each agency shall select an 
 37.23  employee member from each unit of employees not represented by 
 37.24  an exclusive representative.  The agency head shall also appoint 
 37.25  one or more committee members to represent the agency.  The 
 37.26  number of members appointed by the agency head, however, may not 
 37.27  exceed the total number of members representing bargaining units.
 37.28     (b) A committee established under paragraph (a) shall:  
 37.29     (1) identify tasks related to agency reorganization and 
 37.30  adopt plans for addressing those tasks; 
 37.31     (2) identify other employer and employee issues related to 
 37.32  reorganization and adopt plans for addressing those issues; 
 37.33     (3) adopt plans for implementing this article, including 
 37.34  detailed plans for providing retraining for affected employees; 
 37.35  and 
 37.36     (4) guide the implementation of the reorganization. 
 38.1      Sec. 54.  [REPEALER.] 
 38.2      Minnesota Statutes 1994, sections 270B.12, subdivision 4; 
 38.3   and 299A.01, are repealed. 
 38.4      Laws 1987, chapter 315, section 4, subdivision 2, is 
 38.5   repealed.  Laws 1990, chapters 571, section 39; and 594, article 
 38.6   3, sections 6 and 7, are repealed. 
 38.7      Sec. 55.  [INSTRUCTION TO REVISOR.] 
 38.8      Subdivision 1.  [DEPARTMENT OF CORRECTIONS.] (a) In 
 38.9   Minnesota Statutes 1995 Supplement, the revisor of statutes 
 38.10  shall change the terms "commissioner of public safety" (or 
 38.11  "commissioner" when referring to the commissioner of public 
 38.12  safety), "department of public safety" (or "department" when 
 38.13  referring to the department of public safety), or similar terms 
 38.14  to "commissioner of corrections" (or "commissioner" when 
 38.15  referring to commissioner of corrections), "department of 
 38.16  corrections" (or "department" when referring to the department 
 38.17  of corrections), or similar terms, as appropriate and consistent 
 38.18  with this article, where they appear in Minnesota Statutes 1994, 
 38.19  sections 611A.55; 611A.56; 611A.71; 611A.74; 611A.75; and 
 38.20  611A.76.  
 38.21     (b) The revisor of statutes shall make similar conforming 
 38.22  corrections to Minnesota Rules.  
 38.23     Subd. 2.  [DEPARTMENT OF EMPLOYEE RELATIONS.] (a) In 
 38.24  Minnesota Statutes 1995 Supplement, the revisor of statutes 
 38.25  shall change the terms "commissioner of public safety" (or 
 38.26  "commissioner" when referring to the commissioner of public 
 38.27  safety), "department of public safety" (or "department" when 
 38.28  referring to the department of public safety), or similar terms 
 38.29  to "commissioner of employee relations" (or "commissioner" when 
 38.30  referring to commissioner of employee relations), "department of 
 38.31  employee relations" (or "department" when referring to the 
 38.32  department of employee relations), or similar terms, as 
 38.33  appropriate and consistent with this article, where they appear 
 38.34  in Minnesota Statutes 1994, sections 299A.41 to 299A.47, as 
 38.35  renumbered by this subdivision. 
 38.36     (b) In Minnesota Statutes 1995 Supplement, the revisor of 
 39.1   statutes shall renumber each section of Minnesota Statutes 
 39.2   specified in column A with the number set forth in column B.  
 39.3   The revisor shall also make necessary cross-reference changes 
 39.4   consistent with the renumbering.  
 39.5                 Column A          Column B
 39.6                 299A.41           176B.011
 39.7                 299A.42           176B.06
 39.8                 299A.43           176B.07
 39.9                 299A.44           176B.08
 39.10                299A.45           176B.09
 39.11                299A.46           176B.10
 39.12                299A.47           176B.11
 39.13     (c) The revisor of statutes shall make similar conforming 
 39.14  corrections to Minnesota Rules.  
 39.15     Subd. 3.  [BUREAU OF CRIMINAL APPREHENSION.] (a) In 
 39.16  Minnesota Statutes 1995 Supplement, the revisor of statutes 
 39.17  shall change the terms "commissioner of public safety" (or 
 39.18  "commissioner" when referring to the commissioner of public 
 39.19  safety), "department of public safety" (or "department" when 
 39.20  referring to the department of public safety), or similar terms 
 39.21  to "superintendent of the bureau of criminal apprehension" (or 
 39.22  "superintendent" when referring to the superintendent of the 
 39.23  bureau of criminal apprehension), "bureau of criminal 
 39.24  apprehension" (or "bureau" when referring to the bureau of 
 39.25  criminal apprehension), or similar terms, as appropriate and 
 39.26  consistent with this article, where they appear in Minnesota 
 39.27  Statutes 1994, sections 10A.01, subdivision 18; 123.75; 123.751; 
 39.28  144.653; 144A.10; 144B.10; 169.123, subdivision 3; 176.192; 
 39.29  214.04, subdivision 1; 242.31; 243.166; 270.062; 299A.28; 
 39.30  299A.33; 299A.34; 299A.35; 299A.38; 299C.065; 299C.17; 299C.23; 
 39.31  299C.46; 299C.48; 299C.49; 299C.52; 299C.53; 299C.54; 299C.55; 
 39.32  299F.011; 299F.19; 299F.362; 299F.46; 299F.73; 299F.75; 299F.78; 
 39.33  299L.02, subdivision 2; 299L.03; 299L.07; 299M.01 to 299M.12; 
 39.34  325F.04; 349.162; 349.163; 349.19; 471.471; 477A.0121; 604.09; 
 39.35  611A.02, subdivision 2; 611A.0311; 611A.07; 624.7131; 624.714; 
 39.36  624.7161; 626.553; 626.5532; and 634.15.  
 40.1      (b) The revisor of statutes shall make similar conforming 
 40.2   corrections to Minnesota Rules.  
 40.3      Subd. 4.  [OFFICE OF THE GOVERNOR.] (a) In Minnesota 
 40.4   Statutes 1995 Supplement, the revisor of statutes shall change 
 40.5   the terms "commissioner of public safety" (or "commissioner" 
 40.6   when referring to the commissioner of public safety), 
 40.7   "department of public safety" (or "department" when referring to 
 40.8   the department of public safety), or similar terms to "governor" 
 40.9   or "office of the governor," or similar terms, as appropriate 
 40.10  and consistent with this article, where they appear in Minnesota 
 40.11  Statutes 1994, section 326.33. 
 40.12     (b) The revisor of statutes shall make similar conforming 
 40.13  corrections to Minnesota Rules.  
 40.14     Subd. 5.  [DEPARTMENT OF COMMERCE.] (a) In Minnesota 
 40.15  Statutes 1995 Supplement, the revisor of statutes shall change 
 40.16  the terms "commissioner of public safety" (or "commissioner" 
 40.17  when referring to the commissioner of public safety), 
 40.18  "department of public safety" (or "department" when referring to 
 40.19  the department of public safety), or similar terms to 
 40.20  "commissioner of commerce" (or "commissioner" when referring to 
 40.21  commissioner of commerce), "department of commerce" (or 
 40.22  "department" when referring to the department of commerce), or 
 40.23  similar terms, as appropriate and consistent with this article, 
 40.24  where they appear in Minnesota Statutes 1994, sections 85.34; 
 40.25  297C.03; 297C.10, subdivision 2; 297C.12; 297C.13, subdivision 
 40.26  1; 340A.101; 340A.301 to 340A.909; 383C.28; and 383C.29. 
 40.27     (b) In Minnesota Statutes 1995 Supplement, the revisor of 
 40.28  statutes shall renumber Minnesota Statutes, section 299A.02, as 
 40.29  340A.2011 and make necessary cross-reference changes consistent 
 40.30  with the renumbering.  
 40.31     (c) The revisor of statutes shall make similar conforming 
 40.32  corrections to Minnesota Rules.  
 40.33     Subd. 6.  [PUBLIC UTILITIES COMMISSION.] (a) In Minnesota 
 40.34  Statutes 1995 Supplement, the revisor of statutes shall change 
 40.35  the terms "commissioner of public safety" (or "commissioner" 
 40.36  when referring to the commissioner of public safety), 
 41.1   "department of public safety" (or "department" when referring to 
 41.2   the department of public safety), or similar terms to "public 
 41.3   utilities commission" or "commission" or similar terms, as 
 41.4   appropriate and consistent with this article, where they appear 
 41.5   in Minnesota Statutes 1994, sections 12.01 to 12.46; 115E.01 to 
 41.6   115E.09; 136C.70; 216D.01; 221.034; 299A.49 to 299A.52; 299F.092 
 41.7   to 299F.098; and 299K.02 to 299K.07.  
 41.8      (b) The revisor of statutes shall make similar conforming 
 41.9   corrections to Minnesota Rules.  
 41.10     Subd. 7.  [POLLUTION CONTROL AGENCY.] (a) In Minnesota 
 41.11  Statutes 1995 Supplement, the revisor of statutes shall change 
 41.12  the terms "commissioner of public safety" (or "commissioner" 
 41.13  when referring to the commissioner of public safety), 
 41.14  "department of public safety" (or "department" when referring to 
 41.15  the department of public safety), or similar terms to 
 41.16  "commissioner of pollution control agency" (or "commissioner" 
 41.17  when referring to commissioner of pollution control agency), 
 41.18  "department of pollution control agency" (or "department" when 
 41.19  referring to the department of pollution control agency), or 
 41.20  similar terms, as appropriate and consistent with this article, 
 41.21  where they appear in Minnesota Statutes 1994, sections 299F.56; 
 41.22  and 299J.01 to 299J.18. 
 41.23     (b) The revisor of statutes shall make similar conforming 
 41.24  corrections to Minnesota Rules.  
 41.25     Subd. 8.  [DEPARTMENT OF TRANSPORTATION.] (a) In Minnesota 
 41.26  Statutes 1995 Supplement, the revisor of statutes shall change 
 41.27  the terms "commissioner of public safety" (or "commissioner" 
 41.28  when referring to the commissioner of public safety), 
 41.29  "department of public safety" (or "department" when referring to 
 41.30  the department of public safety), or similar terms to 
 41.31  "commissioner of transportation" (or "commissioner" when 
 41.32  referring to commissioner of transportation), "department of 
 41.33  transportation" (or "department" when referring to the 
 41.34  department of transportation), or similar terms, as appropriate 
 41.35  and consistent with this article, where they appear in Minnesota 
 41.36  Statutes 1994, sections 13.69; 13.99, subdivisions 54 to 57; 
 42.1   14.50 (editorial note); 16B.48; 48.512; 65B.02; 65B.13; 84.82; 
 42.2   84.86; 84.87; 84.872; 84.88; 84.91; 84.922; 84.924; 84.925; 
 42.3   84.9256; 84.928; 86B.005; 86B.331; 86B.335; 86B.401; 86B.415; 
 42.4   86B.820; 97B.065; 116.60; 116C.731; 126.112; 126.115; 126.15; 
 42.5   145.927; 152.18; 161.041; 161.242; 168.012 to 168.125; 168.126, 
 42.6   subdivisions 1 and 2; 168.127 to 168.321; 168.33 to 168.846; 
 42.7   168C.01 to 168C.13; 169.01 to 169.122; 169.123, subdivisions 4, 
 42.8   5, 5a, 5b, 5c, 6, and 8; 169.125 to 169.75; 169.752 to 169.782; 
 42.9   169.79 to 169.99; 170.55; 171.01; 171.02 to 171.27; 171.30 to 
 42.10  171.56; 201.022; 201.161; 221.031; 221.034; 260.151; 260.161; 
 42.11  260.185; 260.191; 260.193; 260.195; 296.026; 296.17; 296.171; 
 42.12  297A.211; 299A.12; 299A.13; 299A.14; 299A.16; 299A.18; 299D.01 
 42.13  to 299D.09; 299E.01; 299E.02; 325F.662; 325F.665; 373.041; 
 42.14  373.35; 480.23; 593.37; 609.135; 609.324; 609.531; 609.5314; 
 42.15  626.88; and 631.40.  
 42.16     (b) The revisor of statutes shall make similar conforming 
 42.17  corrections to Minnesota Rules.  
 42.18     Sec. 56.  [EFFECTIVE DATE.] 
 42.19     Except for section 1, subdivision 2, paragraph (b), this 
 42.20  article takes effect July 1, 1995. 
 42.21                             ARTICLE 2
 42.22              HIGHER EDUCATION ADMINISTRATORS COUNCIL 
 42.23     Section 1.  Minnesota Statutes 1994, section 15A.081, 
 42.24  subdivision 7b, is amended to read: 
 42.25     Subd. 7b.  [HIGHER EDUCATION OFFICERS.] The higher 
 42.26  education board, state university board, the state board for 
 42.27  community colleges, the state board of technical colleges, and 
 42.28  the higher education ~~coordinating board~~ administrators council 
 42.29  shall set the salary rates for, respectively, the chancellor of 
 42.30  the higher education system, the chancellor of the state 
 42.31  universities, the chancellor of the community colleges, the 
 42.32  chancellor of ~~vocational~~ technical ~~education~~ colleges, and 
 42.33  the ~~executive~~ director of the higher education ~~coordinating~~ 
 42.34  ~~board~~ services office.  The respective board shall submit the 
 42.35  proposed salary increase to the legislative commission on 
 42.36  employee relations for approval, modification, or rejection in 
 43.1   the manner provided in section 3.855.  Salary rates for the 
 43.2   positions specified in this subdivision may not exceed 95 
 43.3   percent of the salary of the governor under section 15A.082, 
 43.4   subdivision 3.  In deciding whether to recommend a salary 
 43.5   increase, the governing board or council shall consider the 
 43.6   performance of the chancellor or director, including the 
 43.7   chancellor's or director's progress toward attaining affirmative 
 43.8   action goals. 
 43.9      Sec. 2.  Minnesota Statutes 1994, section 126.663, 
 43.10  subdivision 3, is amended to read: 
 43.11     Subd. 3.  [MODEL LEARNER OUTCOMES.] The department shall 
 43.12  develop and maintain model learner outcomes in state board 
 43.13  identified subject areas, including career vocational learner 
 43.14  outcomes.  The department shall make learner outcomes available 
 43.15  upon request by a district.  Learner outcomes shall be for 
 43.16  pupils in early childhood through grade 12.  The department 
 43.17  shall consult with each of the public post-secondary systems ~~and~~ 
 43.18  ~~with the higher education coordinating board~~ in developing model 
 43.19  learner outcomes appropriate for entry into post-secondary 
 43.20  institutions.  Learner outcomes shall include thinking and 
 43.21  problem solving skills. 
 43.22     Sec. 3.  Minnesota Statutes 1994, section 126A.02, 
 43.23  subdivision 2, is amended to read: 
 43.24     Subd. 2.  [BOARD MEMBERS.] A 17-member board shall advise 
 43.25  the director.  The board is made up of the commissioners of the 
 43.26  department of natural resources; the pollution control agency; 
 43.27  the department of agriculture; the department of education; the 
 43.28  director of the office of strategic and long-range planning; the 
 43.29  chair of the board of water and soil resources; ~~the executive~~ 
 43.30  ~~director of the higher education coordinating board;~~ the 
 43.31  executive secretary of the board of teaching; the director of 
 43.32  the extension service; and eight citizen members representing 
 43.33  diverse interests appointed by the governor.  The governor shall 
 43.34  appoint one citizen member from each congressional district.  
 43.35  The citizen members are subject to section 15.0575.  Two of the 
 43.36  citizen members appointed by the governor must be licensed 
 44.1   teachers currently teaching in the K-12 system.  The governor 
 44.2   shall annually designate a member to serve as chair for the next 
 44.3   year. 
 44.4      Sec. 4.  [135A.047] [HIGHER EDUCATION ADMINISTRATORS 
 44.5   COUNCIL.] 
 44.6      Subdivision 1.  [ESTABLISHED.] A higher education 
 44.7   administrators council is established.  The council is composed 
 44.8   of the president of the University of Minnesota, the chancellor 
 44.9   of the higher education board, the vice-chancellor of state 
 44.10  universities, the vice-chancellor of community colleges, the 
 44.11  vice-chancellor of technical colleges, the president of the 
 44.12  private college council, and a representative from the Minnesota 
 44.13  association of private post-secondary schools.  The commissioner 
 44.14  of education and the commissioner of finance shall serve as ex 
 44.15  officio, nonvoting members. 
 44.16     Subd. 2.  [DUTIES.] The higher education administrators 
 44.17  council shall: 
 44.18     (1) coordinate higher education services and programs 
 44.19  throughout the state; 
 44.20     (2) engage in short- and long-term planning for higher 
 44.21  education needs in the state; 
 44.22     (3) review and make recommendations related to existing 
 44.23  programs and proposals for new programs on the basis of state 
 44.24  need, duplication, cost, institutional resource capacity, and 
 44.25  relation to system and campus mission; 
 44.26     (4) review and make recommendations related to proposals 
 44.27  for new large-scale sites and centers on the basis of need and 
 44.28  cost; 
 44.29     (5) coordinate credit transfer and resolve related issues 
 44.30  and problems; 
 44.31     (6) provide information and assistance to high schools and 
 44.32  other organizations to help students prepare and plan for 
 44.33  college; 
 44.34     (7) negotiate reciprocity agreements with neighboring 
 44.35  states and provinces, as provided in section 136A.08; 
 44.36     (8) appoint the director of the higher education services 
 45.1   office, as provided in section 136A.01; 
 45.2      (9) appoint a research director, as provided in subdivision 
 45.3   3, and communications personnel, as necessary, to carry out the 
 45.4   provisions of clauses (6) and (11); 
 45.5      (10) consult with the student advisory council, established 
 45.6   in section 136A.011, whenever necessary but at least quarterly; 
 45.7   and 
 45.8      (11) communicate with and make recommendations to the 
 45.9   governor and the legislature regarding issues and needs in 
 45.10  higher education. 
 45.11     Subd. 3.  [RESEARCH.] The higher education administrators 
 45.12  council shall employ research staff to provide research services 
 45.13  to the council and, as necessary, to the executive and 
 45.14  legislative branches, related to issues, conditions, planning, 
 45.15  and needs in higher education.  The research staff hired by the 
 45.16  higher education administrators council are deemed to be, for 
 45.17  administrative purposes, University of Minnesota employees.  The 
 45.18  research staff shall maintain, and provide analysis of, 
 45.19  statewide information on students and programs.  The higher 
 45.20  education administrators council shall ensure cooperation and 
 45.21  assistance of campus and system level offices in the collection 
 45.22  and analysis of data. 
 45.23     Sec. 5.  Minnesota Statutes 1994, section 135A.10, 
 45.24  subdivision 1, is amended to read: 
 45.25     Subdivision 1.  [POLICY AND PROCEDURES TO AWARD CREDIT.] 
 45.26  The board of regents of the University of Minnesota, the state 
 45.27  university board, and the state board for community colleges 
 45.28  shall each develop a clear and uniform policy for its system for 
 45.29  awarding post-secondary credit toward a degree for a student who 
 45.30  earns an acceptable score on an advanced placement program 
 45.31  examination.  Each policy must include procedures to inform 
 45.32  students and prospective students about credit award and 
 45.33  procedures to assure implementation on each campus.  ~~The higher~~ 
 45.34  ~~education coordinating board shall assist in developing the~~ 
 45.35  ~~policy.~~ 
 45.36     Sec. 6.  Minnesota Statutes 1994, section 136A.01, is 
 46.1   amended to read: 
 46.2      136A.01 [HIGHER EDUCATION SERVICES OFFICE.] 
 46.3      Subdivision 1.  [CREATION.] ~~A coordinating board~~ An office 
 46.4   for higher education in the state of Minnesota, to be known as 
 46.5   the Minnesota higher education ~~coordinating board~~ services 
 46.6   office, is ~~hereby~~ created. 
 46.7      Subd. 2.  [RESPONSIBILITIES.] The higher education services 
 46.8   office is responsible for: 
 46.9      (1) necessary state level administration of financial aid 
 46.10  programs, including accounting, auditing, and disbursing state 
 46.11  and federal financial aid funds; 
 46.12     (2) approval, registration, licensing, and financial aid 
 46.13  eligibility of private collegiate and career schools, under 
 46.14  sections 136A.61 to 136A.71 and chapter 141; 
 46.15     (3) administration of the telecommunications council under 
 46.16  Laws 1993, First Special Session chapter 2, article 5, section 
 46.17  2; 
 46.18     (4) assisting campuses to provide delivery of financial aid 
 46.19  funds at the campus level; 
 46.20     (5) obtaining reports from private post-secondary 
 46.21  institutions receiving state funds on their use of the funds; 
 46.22     (6) prescribing policies, procedures, and rules under 
 46.23  chapter 14 necessary to administer the programs under its 
 46.24  supervision; and 
 46.25     (7) consulting with the higher education administrators 
 46.26  council and, as necessary, with the governor and the legislature.
 46.27     Sec. 7.  [136A.011] [ADVISORY GROUPS.] 
 46.28     Subdivision 1.  [APPOINTMENT.] The director of the higher 
 46.29  education services office may appoint advisory task forces as 
 46.30  necessary to assist in the administration of the higher 
 46.31  education services office responsibilities.  The task forces 
 46.32  expiration and the terms, compensation, and removal of members 
 46.33  are as provided in section 15.059. 
 46.34     Subd. 2.  [STUDENT ADVISORY COUNCIL.] A student advisory 
 46.35  council to the higher education services office is established.  
 46.36  The members of the council shall include the chair of the 
 47.1   University of Minnesota student senate, the state chair of the 
 47.2   Minnesota state university student association, the president of 
 47.3   the Minnesota community college student association, the 
 47.4   president of the Minnesota vocational technical student 
 47.5   association, the president of the Minnesota association of 
 47.6   private college students, and a student who is enrolled in a 
 47.7   private vocational school, to be appointed by the Minnesota 
 47.8   association of private post-secondary schools.  A member may be 
 47.9   represented by a designee.  The council shall select one of its 
 47.10  members to serve as chair. 
 47.11     The director of the higher education services office shall 
 47.12  inform the student advisory council of all matters under 
 47.13  consideration and shall refer all proposals to the council 
 47.14  before taking action or sending the proposals to the governor or 
 47.15  the legislature.  The student advisory council shall report to 
 47.16  the director of the higher education services office quarterly 
 47.17  and at other times that the council considers desirable.  The 
 47.18  council shall determine its meeting times, but the council shall 
 47.19  also meet with the director of the services office within 30 
 47.20  days after the director's request for a council meeting. 
 47.21     The advisory council shall: 
 47.22     (1) bring to the attention of the higher education services 
 47.23  office any matter that the council believes needs the attention 
 47.24  of the office; 
 47.25     (2) make recommendations to the higher education services 
 47.26  office as the council finds appropriate; 
 47.27     (3) appoint student members to the higher education 
 47.28  services office advisory groups as provided in subdivision 3; 
 47.29  and 
 47.30     (4) provide any reasonable assistance to the office. 
 47.31     Subd. 3.  [STUDENT REPRESENTATION.] If requested by the 
 47.32  student advisory council, the director must place at least one 
 47.33  student from an affected educational system on any group created 
 47.34  under subdivision 1.  The student member or members shall be 
 47.35  appointed by the student advisory council. 
 47.36     Sec. 8.  Minnesota Statutes 1994, section 136A.03, is 
 48.1   amended to read: 
 48.2      136A.03 [EXECUTIVE OFFICERS; EMPLOYEES.] 
 48.3      ~~The higher education coordinating board may appoint an~~ 
 48.4   ~~executive secretary or director as its principal executive~~ 
 48.5   ~~officer, and such other officers and employees as it may deem~~ 
 48.6   ~~necessary to carry out its duties.~~  The ~~executive secretary or~~ 
 48.7   director shall possess ~~such~~ the powers and perform ~~such~~ the 
 48.8   duties as ~~are delegated~~ prescribed by the ~~board~~ higher education 
 48.9   administrators council and shall serve in the unclassified 
 48.10  service of the state civil service.  The salary of the ~~executive~~ 
 48.11  director shall be established ~~pursuant~~ according to section 
 48.12  15A.081, subdivision 1.  The ~~executive~~ director shall be a 
 48.13  person qualified by training ~~and ability~~ or experience in the 
 48.14  field of higher education or in ~~educational~~ financial aid 
 48.15  administration.  The ~~board~~ director may ~~also~~ appoint other 
 48.16  ~~officers and~~ professional employees who shall serve in the 
 48.17  unclassified service of the state civil service ~~and fix the~~ 
 48.18  ~~salaries thereof which shall be commensurate with salaries in~~ 
 48.19  ~~the classified service~~.  All other employees shall be in the 
 48.20  classified civil service.  
 48.21     An officer or professional employee in the unclassified 
 48.22  service as provided in this section is a person who has studied 
 48.23  higher education, financial aid, or a related field at the 
 48.24  graduate level or has similar experience and who is qualified 
 48.25  for a career in some aspect of higher education and for 
 48.26  activities in keeping with the planning and administrative 
 48.27  responsibilities of the ~~board~~ office and who is appointed to 
 48.28  assume responsibility for administration of educational programs 
 48.29  or research in matters of higher education. 
 48.30     Sec. 9.  Minnesota Statutes 1994, section 136A.08, is 
 48.31  amended to read: 
 48.32     136A.08 [RECIPROCAL AGREEMENTS RELATING TO NONRESIDENT 
 48.33  TUITION WITH OTHER STATES OR PROVINCES.] 
 48.34     Subdivision 1.  [DEFINITIONS.] For the purposes of this 
 48.35  section, the terms "province" and "provincial" mean the Canadian 
 48.36  province of Manitoba. 
 49.1      Subd. 2.  [AUTHORIZATION.] The ~~Minnesota~~ higher education 
 49.2   ~~coordinating board~~ administrators council, in consultation with 
 49.3   the commissioner of finance and each affected public 
 49.4   post-secondary board, may enter into agreements, on subjects 
 49.5   that include remission of nonresident tuition for designated 
 49.6   categories of students at public post-secondary institutions, 
 49.7   with appropriate state or provincial agencies and public 
 49.8   post-secondary institutions in other states or provinces.  The 
 49.9   agreements shall be for the purpose of the mutual improvement of 
 49.10  educational advantages for residents of this state and other 
 49.11  states or provinces with whom agreements are made.  The higher 
 49.12  education services office shall administer any agreement entered 
 49.13  into by the council. 
 49.14     Subd. 3.  [WISCONSIN.] A higher education reciprocity 
 49.15  agreement with the state of Wisconsin may include provision for 
 49.16  the transfer of funds between Minnesota and Wisconsin provided 
 49.17  that an income tax reciprocity agreement between Minnesota and 
 49.18  Wisconsin is in effect for the period of time included under the 
 49.19  higher education reciprocity agreement.  If this provision is 
 49.20  included, the amount of funds to be transferred shall be 
 49.21  determined according to a formula which is mutually acceptable 
 49.22  to the ~~board~~ council and a duly designated agency representing 
 49.23  Wisconsin.  The formula shall recognize differences in tuition 
 49.24  rates between the two states and the number of students 
 49.25  attending institutions in each state under the agreement.  Any 
 49.26  payments to Minnesota by Wisconsin shall be deposited by the 
 49.27  ~~board~~ higher education services office in the general fund of 
 49.28  the state treasury.  The amount required for the payments shall 
 49.29  be certified by the ~~executive~~ director of the higher 
 49.30  education ~~coordinating board~~ services office to the commissioner 
 49.31  of finance annually. 
 49.32     Subd. 4.  [NORTH DAKOTA; SOUTH DAKOTA.] A reciprocity 
 49.33  agreement with North Dakota may include provision for the 
 49.34  transfer of funds between Minnesota and North Dakota.  If 
 49.35  provision for transfer of funds between the two states is 
 49.36  included, the amount of funds to be transferred shall be 
 50.1   determined according to a formula which is mutually acceptable 
 50.2   to the ~~board~~ council and a duly designated agency representing 
 50.3   North Dakota.  In adopting a formula, the ~~board~~ council shall 
 50.4   consider tuition rates in the two states and the number of 
 50.5   students attending institutions in each state under the 
 50.6   agreement.  Any payment to Minnesota by North Dakota shall be 
 50.7   deposited by the ~~board~~ higher education services office in the 
 50.8   general fund.  The amount required for the payments shall be 
 50.9   certified by the ~~executive~~ director of the ~~higher education~~ 
 50.10  ~~coordinating board~~ services office to the commissioner of 
 50.11  finance annually.  All provisions in this subdivision pertaining 
 50.12  to North Dakota shall also be applied to South Dakota, and all 
 50.13  authority and conditions granted for higher education 
 50.14  reciprocity with North Dakota are also granted for higher 
 50.15  education reciprocity with South Dakota. 
 50.16     Subd. 5.  [FINANCIAL AID.] The ~~board~~ council may enter into 
 50.17  an agreement, with a state or province with which it has 
 50.18  negotiated a reciprocity agreement for tuition, to permit 
 50.19  students to receive student aid awards from the student's state 
 50.20  or province of residence for attending an eligible institution 
 50.21  in the other state or province. 
 50.22     Subd. 6.  [APPROVAL.] An agreement made by the ~~board~~ 
 50.23  council under this section is not valid as to a particular 
 50.24  institution without the approval of that institution's state or 
 50.25  provincial governing board.  A valid agreement under this 
 50.26  subdivision that incurs additional financial liability to the 
 50.27  state or to any of the Minnesota public post-secondary boards, 
 50.28  beyond enrollment funding adjustments, must be submitted to the 
 50.29  commissioner of finance and to the chairs of the higher 
 50.30  education finance divisions of the senate and house for review.  
 50.31  The agreement remains valid unless it is disapproved in law. 
 50.32     Sec. 10.  Minnesota Statutes 1994, section 136A.101, 
 50.33  subdivision 2, is amended to read: 
 50.34     Subd. 2.  ~~"Board"~~ "Office" means the Minnesota higher 
 50.35  education ~~coordinating board~~ services office. 
 50.36     Sec. 11.  Minnesota Statutes 1994, section 136A.101, 
 51.1   subdivision 3, is amended to read: 
 51.2      Subd. 3.  "Director" means the ~~executive~~ director of the 
 51.3   Minnesota higher education ~~coordinating board~~ services office. 
 51.4      Sec. 12.  Minnesota Statutes 1994, section 136A.15, 
 51.5   subdivision 3, is amended to read: 
 51.6      Subd. 3.  ~~"Board"~~ "Office" means the Minnesota higher 
 51.7   education ~~coordinating board~~ services office. 
 51.8      Sec. 13.  Minnesota Statutes 1994, section 136A.15, 
 51.9   subdivision 4, is amended to read: 
 51.10     Subd. 4.  "Director" means the ~~executive~~ director of the 
 51.11  Minnesota higher education ~~coordinating board~~ services office. 
 51.12     Sec. 14.  Minnesota Statutes 1994, section 136A.16, 
 51.13  subdivision 1, is amended to read: 
 51.14     Subdivision 1.  Notwithstanding chapter 16B, the Minnesota 
 51.15  higher education ~~coordinating board~~ services office is 
 51.16  designated as the administrative agency for carrying out the 
 51.17  purposes and terms of sections 136A.15 to 136A.1702.  The ~~board~~ 
 51.18  office may establish one or more loan programs. 
 51.19     Sec. 15.  Minnesota Statutes 1994, section 136A.233, 
 51.20  subdivision 2, is amended to read: 
 51.21     Subd. 2.  [DEFINITIONS.] For purposes of sections 136A.231 
 51.22  to 136A.233, the words defined in this subdivision have the 
 51.23  meanings ascribed to them. 
 51.24     (a) "Eligible student" means a Minnesota resident enrolled 
 51.25  or intending to enroll at least half time in a degree, diploma, 
 51.26  or certificate program in a Minnesota post-secondary institution.
 51.27     (b) "Minnesota resident" means a student who meets the 
 51.28  conditions in section 136A.101, subdivision 8. 
 51.29     (c) "Financial need" means the need for financial 
 51.30  assistance in order to attend a post-secondary institution as 
 51.31  determined by a post-secondary institution according to 
 51.32  guidelines established by the higher education ~~coordinating~~ 
 51.33  ~~board~~ services office. 
 51.34     (d) "Eligible employer" means any eligible post-secondary 
 51.35  institution and any nonprofit, nonsectarian agency or state 
 51.36  institution located in the state of Minnesota, including state 
 52.1   hospitals, and also includes a handicapped person or a person 
 52.2   over 65 who employs a student to provide personal services in or 
 52.3   about the residence of the handicapped person or the person over 
 52.4   65. 
 52.5      (e) "Eligible post-secondary institution" means any 
 52.6   post-secondary institution eligible for participation in the 
 52.7   Minnesota state grant program as specified in section 136A.101, 
 52.8   subdivision 4. 
 52.9      (f) "Independent student" has the meaning given it in the 
 52.10  Higher Education Act of 1965, United States Code, title 20, 
 52.11  section 1070a-6, and applicable regulations. 
 52.12     (g) "Half-time" for undergraduates has the meaning given in 
 52.13  section 136A.101, subdivision 7b, and for graduate students is 
 52.14  defined by the institution. 
 52.15     Sec. 16.  Minnesota Statutes 1994, section 136A.62, 
 52.16  subdivision 2, is amended to read: 
 52.17     Subd. 2.  [~~BOARD~~ OFFICE.] ~~"Board"~~ "Office" means the 
 52.18  Minnesota higher education ~~coordinating board~~ services office. 
 52.19     Sec. 17.  Minnesota Statutes 1994, section 136C.042, 
 52.20  subdivision 1, is amended to read: 
 52.21     Subdivision 1.  [BOARD APPROVAL.] The state board may 
 52.22  approve, disapprove, or modify a plan for awarding associate 
 52.23  degrees at a technical college.  The plan shall include 
 52.24  cooperation with a collegiate institution unless cooperation is 
 52.25  not practicable.  All associate degree plans approved by the 
 52.26  state board shall be presented to the higher education 
 52.27  ~~coordinating board~~ administrators council for review and 
 52.28  recommendation ~~pursuant to section 136A.04, subdivision 1,~~ 
 52.29  ~~clause (d) and~~ in accordance with the provisions of this section.
 52.30     Sec. 18.  Minnesota Statutes 1994, section 298.2214, 
 52.31  subdivision 5, is amended to read: 
 52.32     Subd. 5.  [~~HECB AND~~ SYSTEM APPROVAL.] A program may not be 
 52.33  offered under a contract executed according to this section 
 52.34  unless it is approved by ~~the higher education coordinating board~~ 
 52.35  ~~and~~ the board of the system offering the program.  
 52.36     Sec. 19.  [TRANSFER.] 
 53.1      On July 1, 1995, the higher education coordinating board is 
 53.2   abolished and the duties and responsibilities of the board 
 53.3   related to financial aid, private institution registration and 
 53.4   private career school licensing, and telecommunications council 
 53.5   functions are transferred to the higher education services 
 53.6   office as provided in Minnesota Statutes, section 15.039.  The 
 53.7   transfer includes all classified and unclassified employees of 
 53.8   the administrative services and financial aid divisions, two 
 53.9   unclassified employees and one classified employee in the policy 
 53.10  and program planning division with direct responsibility for 
 53.11  private institution registration or private career school 
 53.12  licensing, and two unclassified employees and one classified 
 53.13  employee in the information management division.  The director 
 53.14  of the administrative services division shall serve as acting 
 53.15  director of the higher education services office until a 
 53.16  permanent director is appointed.  All positions in the higher 
 53.17  education coordinating board that are not transferred to the 
 53.18  higher education services office under this section are 
 53.19  abolished. 
 53.20     All material and property that does not relate directly to 
 53.21  financial aid, private institution registration or private 
 53.22  career school licensing, or telecommunications council functions 
 53.23  shall be transferred to the higher education administrators 
 53.24  council as provided in Minnesota Statutes, section 15.039, 
 53.25  subdivision 5. 
 53.26     By January 15, 1996, the director of the higher education 
 53.27  services office, in consultation with the department of finance, 
 53.28  shall provide recommendations to the higher education 
 53.29  administrators council and the education committees of the 
 53.30  legislature on appropriate further changes in complement and 
 53.31  appropriation. 
 53.32     Sec. 20.  [FINANCIAL AID DELIVERY TASK FORCE.] 
 53.33     By July 15, 1995, the higher education administrators 
 53.34  council shall establish a task force to plan and begin 
 53.35  implementing improvements in the delivery of financial aid 
 53.36  services and funds.  The task force shall determine ways to 
 54.1   maximize the financial aid delivery at the campus level while 
 54.2   maintaining data collection, auditing, and other necessary 
 54.3   functions at the state level.  The task force shall include 
 54.4   system and campus representatives from each of the public 
 54.5   post-secondary systems, representatives of the private 
 54.6   collegiate and private vocational sectors, a representative of 
 54.7   the higher education services office, and representatives of the 
 54.8   student advisory council.  The task force shall present its 
 54.9   findings and recommendations to the director of the higher 
 54.10  education services office by December 1, 1995, and to the 
 54.11  education committees of the legislature by January 15, 1996. 
 54.12     Sec. 21.  [INSTRUCTIONS TO REVISOR.] 
 54.13     Subdivision 1.  [RENUMBERING.] In the next edition of 
 54.14  Minnesota Statutes, the revisor of statutes shall renumber each 
 54.15  section specified in column A with the number set forth in 
 54.16  column B.  The revisor shall make necessary cross-reference 
 54.17  changes consistent with the renumbering. 
 54.18            Column A                 Column B
 54.19            136A.08                  135A.19
 54.20            136A.80                  135A.51
 54.21            136A.81                  135A.52
 54.22     Subd. 2.  [NAME CHANGE.] The revisor of statutes is 
 54.23  directed to change the term "higher education coordinating 
 54.24  board," and similar terms, to "higher education services 
 54.25  office," or similar terms.  The change must be made in the next 
 54.26  edition of Minnesota Statutes. 
 54.27     Sec. 22.  [REPEALER.] 
 54.28     Minnesota Statutes 1994, sections 135A.052, subdivisions 2 
 54.29  and 3; 135A.08; 135A.12, subdivision 5; 136A.02; 136A.04; 
 54.30  136A.041; 136A.043; 136A.85; 136A.86; 136A.87; and 136A.88, are 
 54.31  repealed. 
 54.32                             ARTICLE 3 
 54.33                              GAMBLING 
 54.34     Section 1.  [RACING COMMISSION, GAMBLING CONTROL BOARD, AND 
 54.35  LOTTERY BOARD ABOLISHED; RESPONSIBILITIES TRANSFERRED.] 
 54.36     (a) The Minnesota racing commission, the gambling control 
 55.1   board, and the state lottery board are abolished.  Except as 
 55.2   otherwise provided in this act, the responsibilities of the 
 55.3   commission and the boards are transferred under Minnesota 
 55.4   Statutes, section 15.039, to the department of gambling, 
 55.5   established in article 4. 
 55.6      (b) The division of gambling enforcement is transferred 
 55.7   from the department of public safety to the department of 
 55.8   gambling, established in article 4.  Minnesota Statutes, section 
 55.9   15.039, applies to this transfer. 
 55.10                             ARTICLE 4
 55.11                       DEPARTMENT OF GAMBLING
 55.12     Section 1.  [349B.02] [DEPARTMENT OF GAMBLING.] 
 55.13     Subdivision 1.  [EXECUTIVE AGENCY.] The department of 
 55.14  gambling is an agency in the executive branch of state 
 55.15  government under the supervision and control of a commissioner 
 55.16  appointed by the governor with the advice and consent of the 
 55.17  senate. 
 55.18     Subd. 2.  [STRUCTURE.] The department consists of the 
 55.19  pari-mutuel racing division, the gambling control division, and 
 55.20  the gambling enforcement division. 
 55.21     Subd. 3.  [POWERS AND DUTIES.] The powers and duties of the 
 55.22  commissioner are as specified in chapters 240, 299L, 349, and 
 55.23  349A, as well as other powers and duties imposed by law. 
 55.24     Sec. 2.  [APPROPRIATION REDUCTION.] 
 55.25     The appropriation for the department of gambling for the 
 55.26  biennium beginning July 1, 1995, must be reduced by $....... in 
 55.27  the first year and $....... in the second year from the combined 
 55.28  appropriation for the previous biennium for the commission, 
 55.29  boards, and division abolished or transferred by article 3. 
 55.30     Sec. 3.  [REPEALER.] 
 55.31     Minnesota Statutes 1994, sections 240.02; 349.151, 
 55.32  subdivisions 1, 2, and 3a; and 349A.03, subdivision 1, are 
 55.33  repealed. 
 55.34                             ARTICLE 5
 55.35                       CONFORMING AMENDMENTS
 55.36     Section 1.  Minnesota Statutes 1994, section 10A.01, 
 56.1   subdivision 18, is amended to read: 
 56.2      Subd. 18.  "Public official" means any: 
 56.3      (a) member of the legislature; 
 56.4      (b) constitutional officer in the executive branch and the 
 56.5   officer's chief administrative deputy; 
 56.6      (c) member, chief administrative officer or deputy chief 
 56.7   administrative officer of a state board or commission which has 
 56.8   at least one of the following powers:  (i) the power to adopt, 
 56.9   amend or repeal rules, or (ii) the power to adjudicate contested 
 56.10  cases or appeals; 
 56.11     (d) commissioner, deputy commissioner, or assistant 
 56.12  commissioner of any state department as designated pursuant to 
 56.13  section 15.01; 
 56.14     (e) individual employed in the executive branch who is 
 56.15  authorized to adopt, amend or repeal rules or adjudicate 
 56.16  contested cases; 
 56.17     (f) executive director of the state board of investment; 
 56.18     (g) executive director of the Indian affairs intertribal 
 56.19  board; 
 56.20     (h) commissioner of the iron range resources and 
 56.21  rehabilitation board; 
 56.22     (i) commissioner of mediation services; 
 56.23     (j) deputy of any official listed in clauses (e) to (i); 
 56.24     (k) judge of the workers' compensation court of appeals; 
 56.25     (l) administrative law judge or compensation judge in the 
 56.26  state office of administrative hearings or referee in the 
 56.27  department of economic security; 
 56.28     (m) solicitor general or deputy, assistant or special 
 56.29  assistant attorney general; 
 56.30     (n) individual employed by the legislature as secretary of 
 56.31  the senate, legislative auditor, chief clerk of the house, 
 56.32  revisor of statutes, or researcher, legislative analyst, or 
 56.33  attorney in the office of senate counsel and research or house 
 56.34  research; 
 56.35     (o) member, regional administrator, division director, 
 56.36  general counsel, or operations manager of the metropolitan 
 57.1   council; 
 57.2      (p) ~~the director of the racing commission, the director of~~ 
 57.3   ~~the gambling control board,~~ the director of the state lottery, 
 57.4   and the deputy director of the state lottery; 
 57.5      (q) ~~director~~ directors of the ~~division of~~ pari-mutuel 
 57.6   racing, gambling control, and gambling enforcement divisions in 
 57.7   the department of ~~public safety~~ gambling; 
 57.8      (r) member or executive director of the higher education 
 57.9   facilities authority; 
 57.10     (s) member of the board of directors or president of the 
 57.11  Minnesota world trade center corporation; or 
 57.12     (t) member or chief administrator of a metropolitan agency. 
 57.13     Sec. 2.  Minnesota Statutes 1994, section 10A.09, 
 57.14  subdivision 1, is amended to read: 
 57.15     Subdivision 1.  [TIME FOR FILING.] Except for a candidate 
 57.16  for elective office in the judicial branch, an individual shall 
 57.17  file a statement of economic interest with the board: 
 57.18     (1) within 60 days of accepting employment as a public 
 57.19  official or a local official in a metropolitan governmental 
 57.20  unit; 
 57.21     (2) within 14 days after filing an affidavit of candidacy 
 57.22  or petition to appear on the ballot for an elective public 
 57.23  office or an elective local office in a metropolitan 
 57.24  governmental unit; 
 57.25     (3) in the case of a public official requiring the advice 
 57.26  and consent of the senate, within 14 days after undertaking the 
 57.27  duties of office; or 
 57.28     (4) in the case of ~~members of the Minnesota racing~~ 
 57.29  ~~commission,~~ the director of the ~~Minnesota~~ pari-mutuel racing 
 57.30  ~~commission, chief of security, medical officer, inspector of~~ 
 57.31  ~~pari-mutuels~~ division of the department of gambling, and 
 57.32  stewards employed or approved by the ~~commission~~ commissioner of 
 57.33  gambling or persons who fulfill those duties under contract, 
 57.34  within 60 days of accepting or assuming duties. 
 57.35     Sec. 3.  Minnesota Statutes 1994, section 15.01, is amended 
 57.36  to read: 
 58.1      15.01 [DEPARTMENTS OF THE STATE.] 
 58.2      The following agencies are designated as the departments of 
 58.3   the state government:  the department of administration; the 
 58.4   department of agriculture; the department of commerce; the 
 58.5   department of corrections; the department of education; the 
 58.6   department of economic security; the department of trade and 
 58.7   economic development; the department of finance; the department 
 58.8   of health; the department of human rights; the department of 
 58.9   gambling; the department of labor and industry; the department 
 58.10  of military affairs; the department of natural resources; the 
 58.11  department of employee relations; the department of public 
 58.12  safety; the department of public service; the department of 
 58.13  human services; the department of revenue; the department of 
 58.14  transportation; the department of veterans affairs; and their 
 58.15  successor departments. 
 58.16     Sec. 4.  Minnesota Statutes 1994, section 15A.081, 
 58.17  subdivision 1, is amended to read: 
 58.18     Subdivision 1.  [SALARY RANGES.] The governor shall set the 
 58.19  salary rate within the ranges listed below for positions 
 58.20  specified in this subdivision, upon approval of the legislative 
 58.21  commission on employee relations and the legislature as provided 
 58.22  by section 3.855: 
 58.23                            Salary Range 
 58.24  $57,500-$78,500 
 58.25     Commissioner of finance; 
 58.26     Commissioner of education; 
 58.27     Commissioner of transportation; 
 58.28     Commissioner of human services; 
 58.29     Commissioner of revenue; 
 58.30     Commissioner of public safety; 
 58.31     Commissioner of gambling; 
 58.32     Executive director, state board of investment; 
 58.33  $50,000-$67,500 
 58.34     Commissioner of administration; 
 58.35     Commissioner of agriculture; 
 58.36     Commissioner of commerce; 
 59.1      Commissioner of corrections; 
 59.2      Commissioner of economic security; 
 59.3      Commissioner of employee relations; 
 59.4      Commissioner of health; 
 59.5      Commissioner of labor and industry; 
 59.6      Commissioner of natural resources; 
 59.7      Commissioner of trade and economic development; 
 59.8      Chief administrative law judge; office of administrative 
 59.9      hearings; 
 59.10     Commissioner, pollution control agency; 
 59.11     Director, office of waste management; 
 59.12     Commissioner, housing finance agency; 
 59.13     Executive director, public employees retirement 
 59.14     association; 
 59.15     Executive director, teacher's retirement association; 
 59.16     Executive director, state retirement system; 
 59.17  $42,500-$60,000 
 59.18     Commissioner of human rights; 
 59.19     Commissioner, department of public service; 
 59.20     Commissioner of veterans affairs; 
 59.21     Commissioner, bureau of mediation services; 
 59.22     Commissioner, public utilities commission; 
 59.23     Member, transportation regulation board; 
 59.24     Ombudsman for corrections; 
 59.25     Ombudsman for mental health and retardation. 
 59.26     Sec. 5.  Minnesota Statutes 1994, section 16B.54, 
 59.27  subdivision 2, is amended to read: 
 59.28     Subd. 2.  [VEHICLES.] (a)  [ACQUISITION FROM AGENCY; 
 59.29  APPROPRIATION.] The commissioner may direct an agency to make a 
 59.30  transfer of a passenger motor vehicle or truck currently 
 59.31  assigned to it.  The transfer must be made to the commissioner 
 59.32  for use in the central motor pool.  The commissioner shall 
 59.33  reimburse an agency whose motor vehicles have been paid for with 
 59.34  funds dedicated by the constitution for a special purpose and 
 59.35  which are assigned to the central motor pool.  The amount of 
 59.36  reimbursement for a motor vehicle is its average wholesale price 
 60.1   as determined from the midwest edition of the National 
 60.2   Automobile Dealers Association official used car guide. 
 60.3      (b)  [PURCHASE.] To the extent that funds are available for 
 60.4   the purpose, the commissioner may purchase or otherwise acquire 
 60.5   additional passenger motor vehicles and trucks necessary for the 
 60.6   central motor pool.  The title to all motor vehicles assigned to 
 60.7   or purchased or acquired for the central motor pool is in the 
 60.8   name of the department of administration.  
 60.9      (c)  [TRANSFER AT AGENCY REQUEST.] On the request of an 
 60.10  agency, the commissioner may transfer to the central motor pool 
 60.11  any passenger motor vehicle or truck for the purpose of 
 60.12  disposing of it.  The department or agency transferring the 
 60.13  vehicle or truck must be paid for it from the motor pool 
 60.14  revolving account established by this section in an amount equal 
 60.15  to two-thirds of the average wholesale price of the vehicle or 
 60.16  truck as determined from the midwest edition of the National 
 60.17  Automobile Dealers Association official used car guide. 
 60.18     (d)  [VEHICLES; MARKING.] The commissioner shall provide 
 60.19  for the uniform marking of all motor vehicles.  Motor vehicle 
 60.20  colors must be selected from the regular color chart provided by 
 60.21  the manufacturer each year.  The commissioner may further 
 60.22  provide for the use of motor vehicles without marking by the 
 60.23  governor, the lieutenant governor, the division of criminal 
 60.24  apprehension, division of liquor control, ~~division of gambling~~ 
 60.25  ~~enforcement,~~ arson investigators of the division of fire marshal 
 60.26  in the department of public safety, financial institutions 
 60.27  division of the department of commerce, state lottery, criminal 
 60.28  investigators of the department of revenue, state-owned 
 60.29  community service facilities in the department of human 
 60.30  services, the investigative staff of the department of economic 
 60.31  security, the pari-mutuel racing division, gambling control 
 60.32  division, and gambling enforcement division in the department of 
 60.33  gambling, and the office of the attorney general.  
 60.34     Sec. 6.  Minnesota Statutes 1994, section 240.01, is 
 60.35  amended by adding a subdivision to read: 
 60.36     Subd. 4a.  [COMMISSIONER.] "Commissioner" means the 
 61.1   commissioner of the department of gambling. 
 61.2      Sec. 7.  Minnesota Statutes 1994, section 240.01, is 
 61.3   amended by adding a subdivision to read: 
 61.4      Subd. 4b.  [DIVISION.] "Division" means the pari-mutuel 
 61.5   racing division of the department of gambling. 
 61.6      Sec. 8.  Minnesota Statutes 1994, section 240.011, is 
 61.7   amended to read: 
 61.8      240.011 [APPOINTMENT OF DIRECTOR.] 
 61.9      The ~~governor~~ commissioner shall appoint the director of the 
 61.10  ~~Minnesota~~ pari-mutuel racing ~~commission~~ division, who serves in 
 61.11  the ~~unclassified~~ classified service ~~at the governor's pleasure~~.  
 61.12  The director must be a person qualified by experience in the 
 61.13  administration and regulation of pari-mutuel racing to discharge 
 61.14  the duties of the director.  ~~The governor must select a director~~ 
 61.15  ~~from a list of one or more names submitted by the Minnesota~~ 
 61.16  ~~racing commission.~~  
 61.17     Sec. 9.  Minnesota Statutes 1994, section 240.03, is 
 61.18  amended to read: 
 61.19     240.03 [~~COMMISSION~~ POWERS AND DUTIES OF THE COMMISSIONER.] 
 61.20     The ~~commission~~ commissioner has the following powers and 
 61.21  duties:  
 61.22     (1) to regulate horse racing in Minnesota to ensure that it 
 61.23  is conducted in the public interest; 
 61.24     (2) to issue licenses as provided in this chapter; 
 61.25     (3) to enforce all laws and rules governing horse racing; 
 61.26     (4) to collect and distribute all taxes provided for in 
 61.27  this chapter; 
 61.28     (5) to conduct necessary investigations and inquiries and 
 61.29  compel the submission of information, documents, and records ~~it~~ 
 61.30  the commissioner deems necessary to carry out ~~its~~ the duties 
 61.31  under this chapter; 
 61.32     (6) to supervise the conduct of pari-mutuel betting on 
 61.33  horse racing; 
 61.34     (7) to employ and supervise personnel under this chapter; 
 61.35     (8) to determine the number of racing days to be held in 
 61.36  the state and at each licensed racetrack; and 
 62.1      (9) to take all necessary steps to ensure the integrity of 
 62.2   racing in Minnesota.  
 62.3      Sec. 10.  Minnesota Statutes 1994, section 240.04, is 
 62.4   amended to read: 
 62.5      240.04 [EMPLOYEES.] 
 62.6      Subdivision 1.  [DIRECTOR; DUTIES.] The director shall 
 62.7   perform the following duties:  
 62.8      (a) ~~take and preserve records of all proceedings before the~~ 
 62.9   ~~commission, maintain its books, documents, and records, and make~~ 
 62.10  ~~them available for public inspection as the commission directs;~~ 
 62.11     ~~(b)~~ if so designated by the ~~commission~~ commissioner, act as 
 62.12  a hearing officer in hearings which need not be conducted under 
 62.13  the administrative procedure act to conduct hearings, receive 
 62.14  testimony and exhibits, and certify the record of proceedings to 
 62.15  the ~~commission~~ commissioner; 
 62.16     (c) act as the ~~commission's~~ pari-mutuel racing division's 
 62.17  chief personnel officer and supervise the employment, conduct, 
 62.18  duties, and discipline of ~~commission~~ division employees; and 
 62.19     (d) perform other duties as directed by the ~~commission~~ 
 62.20  commissioner.  
 62.21     ~~Subd. 1a.  [DEPUTY DIRECTOR.] The commission may appoint a~~ 
 62.22  ~~deputy director who serves in the unclassified service at the~~ 
 62.23  ~~commission's pleasure.~~ 
 62.24     ~~Subd. 2.  [DIRECTOR OF PARI-MUTUELS.] The commission may~~ 
 62.25  ~~employ a director of pari-mutuels who serves in the unclassified~~ 
 62.26  ~~service at the commission's pleasure.  The director of~~ 
 62.27  ~~pari-mutuels shall perform the following duties:~~  
 62.28     ~~(a) supervise all forms of pari-mutuel betting on horse~~ 
 62.29  ~~racing in the state;~~ 
 62.30     ~~(b) inspect all machinery;~~ 
 62.31     ~~(c) make reports on pari-mutuel betting as the commission~~ 
 62.32  ~~directs;~~ 
 62.33     ~~(d) subject to commission approval, appoint assistants to~~ 
 62.34  ~~perform duties the commission designates; and~~ 
 62.35     ~~(e) perform other duties as directed by the commission.~~  
 62.36     ~~If no director of pari-mutuels is appointed the duties of~~ 
 63.1   ~~that office are assigned to the executive director.  The~~ 
 63.2   ~~commission may contract with outside services or personnel to~~ 
 63.3   ~~assist the executive director in the performance of these duties.~~
 63.4      ~~Subd. 3.  [DIRECTOR OF RACING SECURITY.] The commission may~~ 
 63.5   ~~appoint a director of racing security to serve in the~~ 
 63.6   ~~unclassified service at the commission's pleasure.  The director~~ 
 63.7   ~~of racing security shall enforce all laws and commission rules~~ 
 63.8   ~~relating to the security and integrity of racing.  The director~~ 
 63.9   ~~of racing security and all other persons designated by the~~ 
 63.10  ~~commission as security officers have free and open access to all~~ 
 63.11  ~~areas of all facilities the commission licenses and may search~~ 
 63.12  ~~without a search warrant any part of a licensed racetrack and~~ 
 63.13  ~~the person of any licensee of the commission on the premises.~~  
 63.14  ~~The director of racing security may order a licensee to take, at~~ 
 63.15  ~~the licensee's expense, security measures necessary to protect~~ 
 63.16  ~~the integrity of racing, but the order may be appealed to the~~ 
 63.17  ~~commission.  Nothing in this chapter prohibits law enforcement~~ 
 63.18  ~~authorities and agents from entering, in the performance of~~ 
 63.19  ~~their duties, a premises licensed under Laws 1983, chapter 214.~~  
 63.20     ~~If no director of racing security is appointed the duties~~ 
 63.21  ~~of that office are assigned to the executive director.  The~~ 
 63.22  ~~commission may contract with outside services or personnel to~~ 
 63.23  ~~assist the executive director in the performance of these duties.~~
 63.24     ~~Subd. 4.  [VETERINARIAN.] The commission may appoint a~~ 
 63.25  ~~veterinarian who must be a doctor of veterinary medicine and who~~ 
 63.26  ~~serves at its pleasure in the unclassified service.  The~~ 
 63.27  ~~veterinarian shall, while employed by the commission, perform~~ 
 63.28  ~~the following duties:~~  
 63.29     ~~(a) supervise the formulation, administration, and~~ 
 63.30  ~~evaluation of all medical tests the commission's rules require~~ 
 63.31  ~~or authorize;~~ 
 63.32     ~~(b) advise the commission on all aspects of veterinary~~ 
 63.33  ~~medicine relating to its powers and duties; and~~ 
 63.34     ~~(c) supervise all personnel involved in medical testing,~~ 
 63.35  ~~subject to the supervision of the executive director.~~  
 63.36     ~~If no veterinarian is appointed, the duties of that office~~ 
 64.1   ~~may be assigned to the executive director.  The commission may~~ 
 64.2   ~~contract with outside personnel to assist the executive director~~ 
 64.3   ~~in the performance of these duties.~~  
 64.4      ~~The commission may require that a licensee reimburse it for~~ 
 64.5   ~~the costs of services provided by assistant veterinarians.~~ 
 64.6      Subd. ~~5.~~ 2.  [OTHER EMPLOYEES.] Subject to applicable laws, 
 64.7   the ~~commission~~ commissioner shall employ and assign duties to 
 64.8   other officers, employees, and agents as ~~it deems~~ necessary to 
 64.9   discharge ~~its~~ the division's functions.  
 64.10     Subd. ~~6.~~ 3.  [COMPENSATION.] The compensation of all 
 64.11  ~~commission~~ employees shall be as provided in chapter 43A.  
 64.12     Subd. ~~7.~~ 4.  [ASSISTANCE.] The ~~commission~~ commissioner and 
 64.13  director may request assistance from any department or agency of 
 64.14  the state in fulfilling its duties, and shall make appropriate 
 64.15  reimbursement for all such assistance.  
 64.16     Sec. 11.  Minnesota Statutes 1994, section 240.05, 
 64.17  subdivision 2, is amended to read: 
 64.18     Subd. 2.  [FORMS.] All application forms for licenses must 
 64.19  contain a statement to the effect that by accepting a license 
 64.20  from the ~~commission~~ commissioner a licensee consents to having 
 64.21  property or person subject to inspection at any time by ~~the~~ 
 64.22  ~~director of racing security or by~~ security officers designated 
 64.23  by the ~~commission~~ commissioner.  
 64.24     Sec. 12.  Minnesota Statutes 1994, section 240.06, 
 64.25  subdivision 3, is amended to read: 
 64.26     Subd. 3.  [INVESTIGATION.] Before granting a class A 
 64.27  license the ~~commission~~ commissioner shall conduct, or request 
 64.28  the ~~division of~~ gambling enforcement division to conduct, a 
 64.29  comprehensive background and financial investigation of the 
 64.30  applicant and sources of financing.  The ~~commission~~ commissioner 
 64.31  may charge an applicant an investigation fee to cover the cost 
 64.32  of the investigation~~, and shall from this fee reimburse the~~ 
 64.33  ~~division of gambling enforcement for its share of the cost of~~ 
 64.34  ~~the investigation~~.  The ~~commission~~ commissioner has access to 
 64.35  all criminal history data compiled by the ~~division of~~ gambling 
 64.36  enforcement division on class A licensees and applicants.  
 65.1      Sec. 13.  Minnesota Statutes 1994, section 240.06, 
 65.2   subdivision 7, is amended to read: 
 65.3      Subd. 7.  [LICENSE SUSPENSION AND REVOCATION.] The 
 65.4   ~~commission~~ commissioner: 
 65.5      (1) may revoke a class A license for (i) a violation of 
 65.6   law, order, or rule which in the ~~commission's~~ commissioner's 
 65.7   opinion adversely affects the integrity of horse racing in 
 65.8   Minnesota, or for an intentional false statement made in a 
 65.9   license application, or (ii) a willful failure to pay any money 
 65.10  required to be paid by ~~Laws 1983, chapter 214, and~~ this chapter; 
 65.11     (2) may revoke a class A license for failure to perform 
 65.12  material covenants or representations made in a license 
 65.13  application; and 
 65.14     (3) shall revoke a class A license if live racing has not 
 65.15  been conducted on at least 50 racing days assigned by the 
 65.16  ~~commission~~ commissioner during any period of 12 consecutive 
 65.17  months, unless the ~~commission~~ commissioner authorizes a shorter 
 65.18  period because of circumstances beyond the licensee's control. 
 65.19     The ~~commission~~ commissioner may suspend a class A license 
 65.20  for up to one year for a violation of law, order, or rule which 
 65.21  in the ~~commission's~~ commissioner's opinion adversely affects the 
 65.22  integrity of horse racing in Minnesota, and may suspend a class 
 65.23  A license indefinitely if it determines that the licensee has as 
 65.24  an officer, director, shareholder, or other person with a 
 65.25  direct, indirect, or beneficial interest a person who is in the 
 65.26  ~~commission's~~ commissioner's opinion inimical to the integrity of 
 65.27  horse racing in Minnesota or who cannot be certified under 
 65.28  subdivision 1, clause (d).  
 65.29     A license revocation or suspension under this subdivision 
 65.30  is a contested case under sections 14.57 to 14.69 of the 
 65.31  Administrative Procedure Act, and is in addition to criminal 
 65.32  penalties imposed for a violation of law or rule.  
 65.33     Sec. 14.  Minnesota Statutes 1994, section 240.06, 
 65.34  subdivision 8, is amended to read: 
 65.35     Subd. 8.  [WORK AREAS.] A class A licensee must provide at 
 65.36  no cost to the ~~commission~~ commissioner suitable work areas for 
 66.1   ~~commission~~ division members, officers, employees, and agents, 
 66.2   including agents of the ~~division of~~ gambling enforcement 
 66.3   division, who are directed or requested by the ~~commission~~ 
 66.4   commissioner to supervise and control racing at the licensed 
 66.5   racetrack.  
 66.6      Sec. 15.  Minnesota Statutes 1994, section 240.07, 
 66.7   subdivision 2, is amended to read: 
 66.8      Subd. 2.  [HEARINGS; INVESTIGATIONS.] Before granting an 
 66.9   initial class B license the ~~commission~~ commissioner shall hold 
 66.10  at least one public hearing on the license.  Comprehensive 
 66.11  investigations must be conducted and their costs paid in the 
 66.12  manner prescribed by section 240.06, subdivision 3.  
 66.13  The ~~commission~~ commissioner has access to all criminal history 
 66.14  data compiled by the ~~division of~~ gambling enforcement division 
 66.15  on class B licensees and applicants.  
 66.16     Sec. 16.  Minnesota Statutes 1994, section 240.08, is 
 66.17  amended to read: 
 66.18     240.08 [OCCUPATION LICENSES.] 
 66.19     Subdivision 1.  [AUTHORITY.] The ~~commission~~ commissioner 
 66.20  may issue class C occupational licenses to persons who wish to 
 66.21  be employed in horse racing where pari-mutuel betting is 
 66.22  conducted as:  
 66.23     (a) horse owners or lessees; 
 66.24     (b) jockeys or drivers; 
 66.25     (c) exercise riders; 
 66.26     (d) grooms; 
 66.27     (e) trainers and their assistants; 
 66.28     (f) pari-mutuel personnel; 
 66.29     (g) security officers; 
 66.30     (h) other occupations the ~~commission~~ commissioner by rule 
 66.31  determines require licensing to ensure the integrity of horse 
 66.32  racing in Minnesota.  
 66.33     Subd. 2.  [APPLICATION.] An application for a class C 
 66.34  license must be on a form the ~~commission~~ commissioner prescribes 
 66.35  and must be accompanied by an affidavit of qualification that 
 66.36  the applicant: 
 67.1      (a) is not in default in the payment of an obligation or 
 67.2   debt to the state under ~~Laws 1983, chapter 214~~ this chapter; 
 67.3      (b) has never been convicted of a felony in a state or 
 67.4   federal court and does not have a state or federal felony charge 
 67.5   pending; 
 67.6      (c) is not and never has been connected with or engaged in 
 67.7   an illegal business; 
 67.8      (d) has never been found guilty of fraud or 
 67.9   misrepresentation in connection with racing or breeding; 
 67.10     (e) has never been found guilty of a violation of law or 
 67.11  rule relating to horse racing, pari-mutuel betting or any other 
 67.12  form of gambling which is a serious violation as defined ~~by the~~ 
 67.13  ~~commission's rules~~ in rule; and 
 67.14     (f) has never knowingly violated a rule or order of the 
 67.15  ~~commission~~ commissioner or a law of Minnesota relating to racing.
 67.16     The application must also contain an irrevocable consent 
 67.17  statement, to be signed by the applicant, which states that 
 67.18  suits and actions relating to the subject matter of the 
 67.19  application or acts or omissions arising from it may be 
 67.20  commenced against the applicant in any court of competent 
 67.21  jurisdiction in this state by the service on the secretary of 
 67.22  state of any summons, process, or pleading authorized by the 
 67.23  laws of this state.  If any summons, process, or pleading is 
 67.24  served upon the secretary of state, it must be by duplicate 
 67.25  copies.  One copy must be retained in the office of the 
 67.26  secretary of state and the other copy must be forwarded 
 67.27  immediately by certified mail to the address of the applicant, 
 67.28  as shown by the records of the ~~commission~~ commissioner.  
 67.29     Subd. 3.  [INVESTIGATIONS.] The ~~commission~~ commissioner 
 67.30  shall investigate each applicant for a class C license to the 
 67.31  extent it deems necessary, and may request the assistance of ~~and~~ 
 67.32  ~~may reimburse~~ the ~~division of~~ gambling enforcement division in 
 67.33  investigating applicants.  The ~~commission~~ commissioner may by 
 67.34  rule require that an applicant be fingerprinted or furnish the 
 67.35  applicant's fingerprints.  Investigations must be conducted and 
 67.36  their costs paid in the manner prescribed by section 240.06, 
 68.1   subdivision 3.  The ~~commission~~ commissioner may cooperate with 
 68.2   national and international organizations and agencies in 
 68.3   conducting investigations.  The ~~commission~~ commissioner may by 
 68.4   rule provide for examining the qualifications of an applicant 
 68.5   for the license being applied for.  The ~~commission~~ commissioner 
 68.6   has access to all criminal history data compiled by the ~~division~~ 
 68.7   ~~of~~ gambling enforcement division on class C applicants and 
 68.8   licensees.  
 68.9      Subd. 4.  [LICENSE ISSUANCE AND RENEWAL.] If the ~~commission~~ 
 68.10  commissioner determines that the applicant is qualified for the 
 68.11  occupation for which licensing is sought and will not adversely 
 68.12  affect the public health, welfare, and safety or the integrity 
 68.13  of racing in Minnesota, it may issue a class C license to the 
 68.14  applicant.  If it makes a similar finding for a renewal of a 
 68.15  class C license it may renew the license.  Class C licenses are 
 68.16  effective for one year.  
 68.17     Subd. 5.  [REVOCATION AND SUSPENSION.] The ~~commission~~ 
 68.18  commissioner may revoke a class C license for a violation of law 
 68.19  or rule which in the ~~commission's~~ commissioner's opinion 
 68.20  adversely affects the integrity of horse racing in Minnesota, or 
 68.21  for an intentional false statement made in a license application.
 68.22     The ~~commission~~ commissioner may suspend a class C license 
 68.23  for up to one year for a violation of law, order or rule.  
 68.24     The ~~commission~~ commissioner may delegate to its designated 
 68.25  agents the authority to impose suspensions of class C licenses, 
 68.26  and the suspension may be appealed to the ~~commission~~ 
 68.27  commissioner according to its rules.  
 68.28     A license revocation or suspension for more than 90 days is 
 68.29  a contested case under sections 14.57 to 14.69 of the 
 68.30  administrative procedure act and is in addition to criminal 
 68.31  penalties imposed for a violation of law or rule.  The 
 68.32  ~~commission~~ commissioner may summarily suspend a license for more 
 68.33  than 90 days prior to a contested case hearing where it is 
 68.34  necessary to ensure the integrity of racing.  A contested case 
 68.35  hearing must be held within 20 days of the summary suspension 
 68.36  and the administrative law judge's report must be issued within 
 69.1   20 days from the close of the hearing record.  In all cases 
 69.2   involving summary suspension the ~~commission~~ commissioner must 
 69.3   issue its final decision within 30 days from receipt of the 
 69.4   report of the administrative law judge and subsequent exceptions 
 69.5   and argument under section 14.61. 
 69.6      Sec. 17.  Minnesota Statutes 1994, section 240.09, 
 69.7   subdivision 3a, is amended to read: 
 69.8      Subd. 3a.  [INVESTIGATION.] Before granting a class D 
 69.9   license the director shall conduct, or request the ~~division of~~ 
 69.10  gambling enforcement division to conduct, a comprehensive 
 69.11  background and financial investigation of the applicant and the 
 69.12  sources of financing.  The director may charge an applicant an 
 69.13  investigation fee to cover the cost of the investigation~~, and~~ 
 69.14  ~~shall from this fee reimburse the division of gambling~~ 
 69.15  ~~enforcement for its share of the cost of the investigation~~.  The 
 69.16  director has access to all criminal history data compiled by the 
 69.17  ~~division of~~ gambling enforcement division on class A licensees 
 69.18  and applicants.  
 69.19     Sec. 18.  Minnesota Statutes 1994, section 240.155, is 
 69.20  amended to read: 
 69.21     240.155 [REIMBURSEMENT ACCOUNTS AND PROCEDURES.] 
 69.22     Subdivision 1.  [REIMBURSEMENT ACCOUNT CREDIT.] Money 
 69.23  received by the ~~commission~~ commissioner as reimbursement for the 
 69.24  costs of services provided by assistant veterinarians and 
 69.25  stewards must be deposited in the state treasury and credited to 
 69.26  a pari-mutuel racing ~~commission~~ division reimbursement account, 
 69.27  except as provided under subdivision 2.  Receipts are 
 69.28  appropriated to the ~~commission~~ commissioner to pay the costs of 
 69.29  providing the services. 
 69.30     Subd. 2.  [GENERAL FUND CREDIT.] Money received by the 
 69.31  ~~commission~~ commissioner as reimbursement for the compensation of 
 69.32  a steward who is an employee of the ~~commission~~ division for 
 69.33  which a general fund appropriation has been made must be 
 69.34  credited to the general fund. 
 69.35     Sec. 19.  Minnesota Statutes 1994, section 240.16, is 
 69.36  amended to read: 
 70.1      240.16 [STEWARDS.] 
 70.2      Subdivision 1.  [POWERS AND DUTIES.] All horse races run at 
 70.3   a licensed racetrack must be presided over by a board of three 
 70.4   stewards, who must be appointees of the ~~commission~~ commissioner 
 70.5   or persons approved by ~~it~~ the commissioner.  The ~~commission~~ 
 70.6   commissioner shall designate one steward as chair.  At least two 
 70.7   stewards for all races either shall be employees of 
 70.8   the ~~commission~~ division who shall serve in the unclassified 
 70.9   service, or shall be under contract with the ~~commission~~ division 
 70.10  to serve as stewards.  The ~~commission~~ commissioner may delegate 
 70.11  the following duties and powers to a board of stewards:  
 70.12     (a) to ensure that races are run in accordance with the 
 70.13  ~~commission's~~ commissioner's rules; 
 70.14     (b) to supervise the conduct of racing to ensure the 
 70.15  integrity of the sport; 
 70.16     (c) to settle disputes arising from the running of horse 
 70.17  races, and to certify official results; 
 70.18     (d) to impose on licensees, for violation of law or 
 70.19  ~~commission~~ rules, fines not exceeding $2,000 and license 
 70.20  suspensions not exceeding 90 days; 
 70.21     (e) to recommend to the ~~commission~~ commissioner where 
 70.22  warranted penalties in excess of those in clause (d); 
 70.23     (f) to otherwise enforce the laws and rules of racing; and 
 70.24     (g) to perform other duties and have other powers assigned 
 70.25  by the ~~commission~~ commissioner.  
 70.26     Subd. 1a.  [SIMULCAST.] All simulcasts are subject to the 
 70.27  regulation of the ~~commission~~ commissioner.  The ~~commission~~ 
 70.28  commissioner may assign an official to preside over these 
 70.29  activities and, if so assigned, the official has the powers and 
 70.30  duties provided by rule. 
 70.31     Subd. 2.  [APPEALS; HEARINGS.] A ruling of a board of 
 70.32  stewards may be appealed to the ~~commission~~ commissioner or be 
 70.33  reviewed ~~by it~~ on ~~its~~ the commissioner's own initiative.  ~~The~~ 
 70.34  ~~commission may provide for appeals to be heard by less than a~~ 
 70.35  ~~quorum of the commission.~~  A hearing on a penalty imposed by a 
 70.36  board of stewards must be granted on request.  
 71.1      Subd. 3.  [PROCEDURAL POWERS.] A board of stewards has the 
 71.2   authority to administer oaths, issue subpoenas, order the 
 71.3   production of documents and other evidence, and regulate the 
 71.4   course of hearings before it, according to the 
 71.5   ~~commission's~~ commissioner's rules.  Hearings held by a board of 
 71.6   stewards are not subject to the provisions of the Administrative 
 71.7   Procedure Act except those provisions which the ~~commission~~ 
 71.8   commissioner by rule makes applicable.  
 71.9      Subd. 4.  [RULES.] In addition to rules under subdivision 
 71.10  3, the ~~commission~~ commissioner may promulgate rules governing 
 71.11  the qualifications, appointment, approval, authority, removal, 
 71.12  and compensation of stewards.  
 71.13     Subd. 5.  [COSTS.] The ~~commission~~ commissioner may require 
 71.14  that a licensee reimburse it for the costs of providing a 
 71.15  state-paid steward or stewards to supervise racing at the 
 71.16  licensee's racetrack.  
 71.17     Subd. 6.  [COMPENSATION.] The total compensation of 
 71.18  stewards who are employees of the ~~commission~~ division must be 
 71.19  commensurate with the compensation of stewards who are not 
 71.20  ~~commission~~ division employees.  
 71.21     Sec. 20.  Minnesota Statutes 1994, section 240.18, 
 71.22  subdivision 2, is amended to read: 
 71.23     Subd. 2.  [THOROUGHBRED AND QUARTERHORSE CATEGORIES.] (a) 
 71.24  With respect to available money apportioned in the thoroughbred 
 71.25  and quarterhorse categories, 20 percent must be expended as 
 71.26  follows: 
 71.27     (1) at least one-half in the form of grants, contracts, or 
 71.28  expenditures for equine research and related education at the 
 71.29  University of Minnesota school of veterinary medicine; and 
 71.30     (2) the balance in the form of grants, contracts, or 
 71.31  expenditures for one or more of the following: 
 71.32     (i) additional equine research and related education; 
 71.33     (ii) substance abuse programs for licensed personnel at 
 71.34  racetracks in this state; and 
 71.35     (iii) promotion and public information regarding industry 
 71.36  and ~~commission~~ division activities; racehorse breeding, 
 72.1   ownership, and management; and development and expansion of 
 72.2   economic benefits from racing. 
 72.3      (b) As a condition of a grant, contract, or expenditure 
 72.4   under paragraph (a), the ~~commission~~ commissioner shall require 
 72.5   an annual report from the recipient on the use of the funds to 
 72.6   the ~~commission~~ commissioner, the chair of the house of 
 72.7   representatives committee on general legislation, veterans 
 72.8   affairs, and gaming, and the chair of the senate committee on 
 72.9   gaming regulation. 
 72.10     (c) The ~~commission~~ commissioner shall include in ~~its~~ an 
 72.11  annual report a summary of each grant, contract, or expenditure 
 72.12  under paragraph (a), clause (2), and a description of how 
 72.13  the ~~commission~~ division has coordinated activities among 
 72.14  recipients to ensure the most efficient and effective use of 
 72.15  funds. 
 72.16     (d) After deducting the amount for paragraph (a), the 
 72.17  balance of the available proceeds in each category may be 
 72.18  expended by the ~~commission~~ commissioner to:  
 72.19     (1) supplement purses for races held exclusively for 
 72.20  Minnesota-bred or Minnesota-foaled horses, and supplement purses 
 72.21  for Minnesota-bred or Minnesota-foaled horses racing in 
 72.22  nonrestricted races in that category; 
 72.23     (2) pay breeders' or owners' awards to the breeders or 
 72.24  owners of Minnesota-bred horses in that category which win money 
 72.25  at licensed racetracks in the state; and 
 72.26     (3) provide other financial incentives to encourage the 
 72.27  horse breeding industry in Minnesota. 
 72.28     Sec. 21.  Minnesota Statutes 1994, section 240.21, is 
 72.29  amended to read: 
 72.30     240.21 [RIGHT OF INSPECTION.] 
 72.31     The ~~commission~~ commissioner and ~~its~~ the commissioner's 
 72.32  representatives, including representatives of the ~~division of~~ 
 72.33  gambling enforcement division, have the right to inspect the 
 72.34  licensed premises of a licensee and to examine the licensee's 
 72.35  books and other records at any time without a search warrant.  
 72.36     Sec. 22.  Minnesota Statutes 1994, section 240.24, is 
 73.1   amended to read: 
 73.2      240.24 [MEDICATION.] 
 73.3      Subdivision 1.  [RULES.] The ~~commission~~ commissioner shall 
 73.4   make and enforce rules governing medication and medical testing 
 73.5   for horses running at licensed racetracks.  The rules must 
 73.6   provide that no medication, as the ~~commission~~ commissioner 
 73.7   defines that term by rule, may be administered to a horse within 
 73.8   48 hours of a race it runs at a licensed racetrack.  The rules 
 73.9   must also provide that no horse participating in a race shall 
 73.10  carry in its body any substance foreign to the natural horse.  
 73.11  The ~~commission~~ commissioner shall by rule establish the 
 73.12  qualifications for laboratories used by it as testing 
 73.13  laboratories to enforce its rules under this section.  
 73.14     Subd. 2.  [EXCEPTION.] Notwithstanding subdivision 1, 
 73.15  the ~~commission~~ commissioner by rule shall allow the use of:  (1) 
 73.16  topical external applications that do not contain anesthetics or 
 73.17  steroids; (2) food additives; (3) Furosemide or other pulmonary 
 73.18  hemostatic agents if the agents are administered under the 
 73.19  visual supervision of the veterinarian or a designee of the 
 73.20  veterinarian employed by the ~~commission~~ commissioner; and (4) 
 73.21  nonsteroidal anti-inflammatory drugs, provided that the test 
 73.22  sample does not contain more than three micrograms of the 
 73.23  substance or metabolites thereof per milliliter of blood 
 73.24  plasma.  For purposes of this clause, "test sample" means any 
 73.25  bodily substance including blood, urine, saliva, or other 
 73.26  substance as directed by the ~~commission~~ commissioner, taken from 
 73.27  a horse under the supervision of ~~the commission~~ a veterinarian 
 73.28  and in such manner as prescribed by the ~~commission~~ commissioner 
 73.29  for the purpose of analysis. 
 73.30     ~~The commission shall adopt emergency rules to implement the~~ 
 73.31  ~~provisions of this subdivision.~~ 
 73.32     Subd. 3.  [FEES.] The ~~commission~~ commissioner shall 
 73.33  establish by rule a fee or schedule of fees to recover the costs 
 73.34  of medical testing of horses running at racetracks licensed by 
 73.35  the ~~commission~~ commissioner.  Fees charged for the testing of 
 73.36  horses shall cover the cost of the medical testing laboratory.  
 74.1   Fee receipts shall be deposited in the state treasury and 
 74.2   credited to the general fund. 
 74.3      Sec. 23.  Minnesota Statutes 1994, section 240.28, is 
 74.4   amended to read: 
 74.5      240.28 [CONFLICT OF INTEREST.] 
 74.6      Subdivision 1.  [FINANCIAL INTEREST.] No person may ~~serve~~ 
 74.7   ~~on or~~ be employed by the ~~commission~~ division who has an interest 
 74.8   in any corporation, association, or partnership which holds a 
 74.9   license from the ~~commission~~ commissioner or which holds a 
 74.10  contract to supply goods or services to a licensee or at a 
 74.11  licensed racetrack, including concessions contracts.  No ~~member~~ 
 74.12  ~~or~~ employee of the ~~commission~~ division may own, wholly or in 
 74.13  part, or have an interest in a horse which races at a licensed 
 74.14  racetrack in Minnesota.  No ~~member or~~ employee of the ~~commission~~ 
 74.15  division may have a financial interest in or be employed in a 
 74.16  profession or business which conflicts with the performance of 
 74.17  duties as ~~a member or~~ an employee. 
 74.18     Subd. 2.  [BETTING.] No ~~member or~~ employee of the 
 74.19  ~~commission~~ division may bet or cause a bet to be made on a race 
 74.20  at a licensed racetrack while ~~serving on or~~ being employed by 
 74.21  the ~~commission~~ division.  No person appointed or approved by the 
 74.22  director as a steward may bet or cause a bet to be made at a 
 74.23  licensed racetrack during a racing meeting at which the person 
 74.24  is serving as a steward.  The ~~commission~~ commissioner shall by 
 74.25  rule prescribe such restrictions on betting by its licensees as 
 74.26  it deems necessary to protect the integrity of racing.  
 74.27     Subd. 3.  [VIOLATION.] A violation of subdivisions 1 and 2 
 74.28  is grounds for ~~removal from the commission or~~ termination of 
 74.29  employment.  A bet made directly or indirectly by a licensee in 
 74.30  violation of a rule made by the ~~commission~~ commissioner under 
 74.31  subdivision 2 is grounds for suspension or revocation of the 
 74.32  license. 
 74.33     Sec. 24.  Minnesota Statutes 1994, section 299L.01, is 
 74.34  amended to read: 
 74.35     299L.01 [~~DIVISION OF~~ GAMBLING ENFORCEMENT DIVISION.] 
 74.36     Subdivision 1.  [DEFINITIONS.] (a) For the purposes of this 
 75.1   chapter, the terms defined in this subdivision have the meanings 
 75.2   given them. 
 75.3      (b) "Division" means the ~~division of~~ gambling enforcement 
 75.4   division of the department of gambling.  
 75.5      (c) "Commissioner" means the commissioner of ~~public~~ 
 75.6   ~~safety~~ gambling. 
 75.7      (d) "Director" means the director of the gambling 
 75.8   enforcement division.  
 75.9      (e) "Manufacturer" means a person who assembles from raw 
 75.10  materials or subparts a gambling device for sale or use in 
 75.11  Minnesota. 
 75.12     (f) "Distributor" means a person who sells, offers to sell, 
 75.13  or otherwise provides a gambling device to a person in Minnesota.
 75.14     (g) "Used gambling device" means a gambling device five or 
 75.15  more years old from the date of manufacture. 
 75.16     Subd. 2.  [ESTABLISHED.] The ~~division of~~ gambling 
 75.17  enforcement division is a division in the department of ~~public~~ 
 75.18  ~~safety~~ gambling under the control and supervision of a director, 
 75.19  appointed by the commissioner and serving ~~at the commissioner's~~ 
 75.20  ~~pleasure~~ in the ~~unclassified~~ classified service.  The director 
 75.21  must be a person who is licensed or eligible to be licensed as a 
 75.22  peace officer under sections 626.84 to 626.863. 
 75.23     Subd. 3.  [EMPLOYEES.] The director shall employ in the 
 75.24  division ~~of gambling enforcement~~ personnel, in the classified 
 75.25  service, necessary to carry out the duties under this chapter.  
 75.26  The director shall request the bureau of criminal apprehension 
 75.27  to perform background checks on persons who are finalists for 
 75.28  employment with the division but may employ personnel pending 
 75.29  completion of the background check. 
 75.30     Subd. 4.  [CONFLICT OF INTEREST.] (a) The director and any 
 75.31  person employed by the division may not have a direct or 
 75.32  indirect financial interest in: 
 75.33     (1) a class A or B licensee of the racing commission; 
 75.34     (2) a lottery retailer under contract with the state 
 75.35  lottery; 
 75.36     (3) a person who is under a lottery procurement contract 
 76.1   with the state lottery; 
 76.2      (4) a bingo hall, manufacturer, or distributor licensed 
 76.3   under chapter 349; or 
 76.4      (5) a manufacturer or distributor licensed under this 
 76.5   chapter. 
 76.6      (b) The director or an employee of the division ~~of gambling~~ 
 76.7   ~~enforcement~~ may not participate in the conducting of lawful 
 76.8   gambling under chapter 349. 
 76.9      Sec. 25.  Minnesota Statutes 1994, section 299L.02, 
 76.10  subdivision 2, is amended to read: 
 76.11     Subd. 2.  [GAMBLING.] The director shall:  
 76.12     (1) conduct background investigations of applicants for 
 76.13  licensing as a manufacturer or distributor of gambling equipment 
 76.14  or as a bingo hall under chapter 349; and 
 76.15     (2) when requested by the director of gambling 
 76.16  control division, or when the director believes it to be 
 76.17  reasonable and necessary, inspect the premises of a licensee 
 76.18  under chapter 349 to determine compliance with law and with the 
 76.19  rules of the ~~board~~ commissioner, or to conduct an audit of the 
 76.20  accounts, books, records, or other documents required to be kept 
 76.21  by the licensee. 
 76.22     The director may charge applicants under clause (1) a 
 76.23  reasonable fee to cover the costs of the investigation. 
 76.24     Sec. 26.  Minnesota Statutes 1994, section 299L.02, 
 76.25  subdivision 3, is amended to read: 
 76.26     Subd. 3.  [HORSE RACING INVESTIGATIONS.] (a) The director 
 76.27  shall conduct background investigations as provided by law on 
 76.28  all applicants for licenses issued ~~by the Minnesota racing~~ 
 76.29  ~~commission~~ under chapter 240.  
 76.30     (b) The director shall, upon request of the director of the 
 76.31  racing ~~commission~~ division, or when the director believes it to 
 76.32  be reasonable and necessary, investigate the activities of a 
 76.33  licensee ~~of the Minnesota racing commission~~ under chapter 240 to 
 76.34  determine the licensee's compliance with law and with rules of 
 76.35  the ~~commission~~ commissioner. 
 76.36     Sec. 27.  Minnesota Statutes 1994, section 299L.02, 
 77.1   subdivision 4, is amended to read: 
 77.2      Subd. 4.  [OTHER GAMBLING.] The director ~~of gambling~~ 
 77.3   ~~enforcement~~ shall cooperate with all state and local agencies in 
 77.4   the detection and apprehension of unlawful gambling. 
 77.5      Sec. 28.  Minnesota Statutes 1994, section 299L.02, 
 77.6   subdivision 5, is amended to read: 
 77.7      Subd. 5.  [BACKGROUND CHECKS.] In any background check 
 77.8   required to be conducted by the division ~~of gambling enforcement~~ 
 77.9   under this chapter, chapter 240, 349, 349A, or section 3.9221, 
 77.10  the director may, or shall when required by law, require that 
 77.11  fingerprints be taken and the director may forward the 
 77.12  fingerprints to the Federal Bureau of Investigation for the 
 77.13  conducting of a national criminal history check.  The director 
 77.14  may charge a fee for fingerprint recording and investigation 
 77.15  under section 3.9221. 
 77.16     Sec. 29.  Minnesota Statutes 1994, section 299L.03, 
 77.17  subdivision 1, is amended to read: 
 77.18     Subdivision 1.  [INSPECTIONS; ACCESS.] In conducting any 
 77.19  inspection authorized under this chapter or chapter 240, 349, or 
 77.20  349A, the employees of the division ~~of gambling enforcement~~ have 
 77.21  free and open access to all parts of the regulated business 
 77.22  premises, and may conduct the inspection at any reasonable time 
 77.23  without notice and without a search warrant.  For purposes of 
 77.24  this subdivision, "regulated business premises" means premises 
 77.25  where: 
 77.26     (1) lawful gambling is conducted by an organization 
 77.27  licensed under chapter 349 or by an organization exempt from 
 77.28  licensing under section 349.166; 
 77.29     (2) gambling equipment is manufactured, sold, distributed, 
 77.30  or serviced by a manufacturer or distributor licensed under 
 77.31  chapter 349; 
 77.32     (3) records required to be maintained under chapter 240, 
 77.33  297E, 349, or 349A are prepared or retained; 
 77.34     (4) lottery tickets are sold by a lottery retailer under 
 77.35  chapter 340A; 
 77.36     (5) races are conducted by a person licensed under chapter 
 78.1   240; or 
 78.2      (6) gambling devices are manufactured or distributed, 
 78.3   including places of storage under section 299L.07. 
 78.4      Sec. 30.  Minnesota Statutes 1994, section 299L.03, 
 78.5   subdivision 4, is amended to read: 
 78.6      Subd. 4.  [ACCESS TO CRIMINAL HISTORY.] The director has 
 78.7   access to all criminal history data compiled by the bureau of 
 78.8   criminal apprehension on any person licensed or under contract 
 78.9   with the state lottery, pari-mutuel racing ~~commission~~ division, 
 78.10  or the gambling control ~~board~~ division, or any applicant for 
 78.11  licensing or a person who has submitted a bid on a lottery 
 78.12  contractor or any employee and finalist for employment with the 
 78.13  state lottery. 
 78.14     Sec. 31.  Minnesota Statutes 1994, section 299L.03, 
 78.15  subdivision 5, is amended to read: 
 78.16     Subd. 5.  [ARREST POWERS.] The director may designate 
 78.17  certain employees within the division ~~of gambling enforcement~~ 
 78.18  who are authorized to arrest or investigate any person who is 
 78.19  suspected of violating any provision of chapter 240, 349, or 
 78.20  349A, or is suspected of committing any crime involving 
 78.21  gambling, and to conduct searches and seizures to enforce any of 
 78.22  those laws.  Any employee authorized by this subdivision to make 
 78.23  an arrest must be licensed under sections 626.84 to 626.863.  
 78.24     Sec. 32.  Minnesota Statutes 1994, section 299L.03, 
 78.25  subdivision 7, is amended to read: 
 78.26     Subd. 7.  [OTHER POWERS.] Nothing in this chapter limits 
 78.27  the authority of the division ~~of gambling enforcement~~ to 
 78.28  exercise any other power specified under chapter 240, 349, or 
 78.29  349A.  
 78.30     Sec. 33.  Minnesota Statutes 1994, section 349.12, is 
 78.31  amended by adding a subdivision to read: 
 78.32     Subd. 8a.  [COMMISSIONER.] "Commissioner" is the 
 78.33  commissioner of the department of gambling. 
 78.34     Sec. 34.  Minnesota Statutes 1994, section 349.12, 
 78.35  subdivision 10, is amended to read: 
 78.36     Subd. 10.  [DIRECTOR.] "Director" is the director of the 
 79.1   gambling control ~~board~~ division.  
 79.2      Sec. 35.  Minnesota Statutes 1994, section 349.12, is 
 79.3   amended by adding a subdivision to read: 
 79.4      Subd. 12.  [DIVISION.] "Division" is the gambling control 
 79.5   division of the department of gambling. 
 79.6      Sec. 36.  Minnesota Statutes 1994, section 349.13, is 
 79.7   amended to read: 
 79.8      349.13 [LAWFUL GAMBLING.] 
 79.9      Lawful gambling is not a lottery or gambling within the 
 79.10  meaning of sections 609.75 to 609.76 if it is conducted under 
 79.11  this chapter.  A pull-tab dispensing device permitted by ~~board~~ 
 79.12  rule is not a gambling device within the meaning of sections 
 79.13  609.75 to 609.76 and chapter 299L. 
 79.14     Sec. 37.  Minnesota Statutes 1994, section 349.151, 
 79.15  subdivision 8, is amended to read: 
 79.16     Subd. 8.  [CRIMINAL HISTORY.] The ~~board~~ commissioner may 
 79.17  request the director of the gambling enforcement division to 
 79.18  assist in investigating the background of an applicant for a 
 79.19  license under this chapter, and the director of the gambling 
 79.20  enforcement division may bill the license applicant for the cost 
 79.21  thereof.  The ~~board~~ commissioner has access to all criminal 
 79.22  history data compiled by the ~~division of~~ gambling 
 79.23  enforcement division on licensees and applicants. 
 79.24     Sec. 38.  Minnesota Statutes 1994, section 349.152, 
 79.25  subdivision 1, is amended to read: 
 79.26     Subdivision 1.  [APPOINTED.] The ~~governor~~ commissioner 
 79.27  shall appoint~~, with the advice and consent of the senate,~~ a 
 79.28  director ~~from a list of one or more persons submitted by the~~ 
 79.29  ~~board.  The director~~ who serves in the ~~unclassified~~ classified 
 79.30  service ~~at the pleasure of the governor~~.  
 79.31     Sec. 39.  Minnesota Statutes 1994, section 349.153, is 
 79.32  amended to read: 
 79.33     349.153 [CONFLICT OF INTEREST.] 
 79.34     (a) A person may not ~~serve on the board,~~ be the director, 
 79.35  or be an employee of the ~~board~~ division who has an interest in 
 79.36  any corporation, association, limited liability company, or 
 80.1   partnership that is licensed by the ~~board~~ commissioner as a 
 80.2   distributor, manufacturer, or a bingo hall under section 349.164.
 80.3      (b) ~~A member of the board,~~ The director, or an employee of 
 80.4   the ~~board~~ division may not accept employment with, receive 
 80.5   compensation directly or indirectly from, or enter into a 
 80.6   contractual relationship with an organization that conducts 
 80.7   lawful gambling, a distributor, a bingo hall or a manufacturer 
 80.8   while employed with ~~or a member of~~ the ~~board~~ division or within 
 80.9   one year after terminating employment with or leaving the ~~board~~ 
 80.10  division. 
 80.11     (c) A distributor, bingo hall, manufacturer, or 
 80.12  organization licensed to conduct lawful gambling may not hire a 
 80.13  former employee~~,~~ or director~~, or member~~ of the ~~gambling control~~ 
 80.14  ~~board~~ division for one year after the employee~~,~~ or director~~,~~ 
 80.15  ~~or member~~ has terminated employment with or left the ~~gambling~~ 
 80.16  ~~control board~~ division.  
 80.17     Sec. 40.  Minnesota Statutes 1994, section 349.155, 
 80.18  subdivision 4, is amended to read: 
 80.19     Subd. 4.  [LICENSE REVOCATION, SUSPENSION, DENIAL; 
 80.20  CENSURE.] The ~~board~~ commissioner may by order (i) deny, suspend, 
 80.21  revoke, or refuse to renew a license or premises permit, or (ii) 
 80.22  censure a licensee or applicant, if ~~it~~ the commissioner finds 
 80.23  that the order is in the public interest and that the applicant 
 80.24  or licensee, or a director, officer, partner, governor, person 
 80.25  in a supervisory or management position of the applicant or 
 80.26  licensee, an employee eligible to make sales on behalf of the 
 80.27  applicant or licensee, or direct or indirect holder of more than 
 80.28  a five percent financial interest in the applicant or licensee: 
 80.29     (1) has violated or failed to comply with any provision of 
 80.30  this chapter or chapter 297E or 299L, or any rule adopted or 
 80.31  order issued thereunder; 
 80.32     (2) has filed an application for a license that is 
 80.33  incomplete in any material respect, or contains a statement 
 80.34  that, in light of the circumstances under which it was made, is 
 80.35  false, misleading, fraudulent, or a misrepresentation; 
 80.36     (3) has made a false statement in a document or report 
 81.1   required to be submitted to the ~~board~~ commissioner or the 
 81.2   commissioner of revenue, or has made a false statement to 
 81.3   the ~~board~~ commissioner, the compliance review group, or the 
 81.4   director; 
 81.5      (4) has been convicted of a crime in another jurisdiction 
 81.6   that would be a felony if committed in Minnesota; 
 81.7      (5) is permanently or temporarily enjoined by any gambling 
 81.8   regulatory agency from engaging in or continuing any conduct or 
 81.9   practice involving any aspect of gambling; 
 81.10     (6) has had a gambling-related license revoked or 
 81.11  suspended, or has paid or been required to pay a monetary 
 81.12  penalty of $2,500 or more, by a gambling regulator in another 
 81.13  state or jurisdiction; 
 81.14     (7) has been the subject of any of the following actions by 
 81.15  the director of the gambling enforcement division or 
 81.16  commissioner ~~of public safety~~:  (i) had a license under chapter 
 81.17  299L denied, suspended, or revoked, (ii) been censured, 
 81.18  reprimanded, has paid or been required to pay a monetary penalty 
 81.19  or fine, or (iii) has been the subject of any other discipline 
 81.20  by the director or commissioner; or 
 81.21     (8) has engaged in conduct that is contrary to the public 
 81.22  health, welfare, or safety, or to the integrity of gambling; or 
 81.23     (9) based on past activities or criminal record poses a 
 81.24  threat to the public interest or to the effective regulation and 
 81.25  control of gambling, or creates or enhances the dangers of 
 81.26  unsuitable, unfair, or illegal practices, methods, and 
 81.27  activities in the conduct of gambling or the carrying on of the 
 81.28  business and financial arrangements incidental to the conduct of 
 81.29  gambling. 
 81.30     Sec. 41.  Minnesota Statutes 1994, section 349.162, 
 81.31  subdivision 2, is amended to read: 
 81.32     Subd. 2.  [RECORDS REQUIRED.] A distributor must maintain a 
 81.33  record of all gambling equipment which it sells to 
 81.34  organizations.  The record must include:  
 81.35     (1) the identity of the person from whom the distributor 
 81.36  purchased the equipment; 
 82.1      (2) the registration number of the equipment; 
 82.2      (3) the name, address, and license or exempt permit number 
 82.3   of the organization to which the sale was made; 
 82.4      (4) the date of the sale; 
 82.5      (5) the name of the person who ordered the equipment; 
 82.6      (6) the name of the person who received the equipment; 
 82.7      (7) the type of equipment; 
 82.8      (8) the serial number of the equipment; 
 82.9      (9) the name, form number, or other identifying information 
 82.10  for each game; and 
 82.11     (10) in the case of bingo hard cards or paper sheets sold 
 82.12  on and after January 1, 1991, the individual number of each card 
 82.13  or sheet. 
 82.14     The invoice for each sale must be retained for at least 
 82.15  3-1/2 years after the sale is completed and a copy of each 
 82.16  invoice is to be delivered to the ~~board~~ commissioner in the 
 82.17  manner and time prescribed by the ~~board~~ commissioner.  For 
 82.18  purposes of this section, a sale is completed when the gambling 
 82.19  equipment is physically delivered to the purchaser.  
 82.20     Each distributor must report monthly to the ~~board~~ 
 82.21  commissioner, in a form the ~~board~~ commissioner prescribes, its 
 82.22  sales of each type of gambling equipment.  Employees of 
 82.23  the ~~board~~ division and the ~~division of~~ gambling 
 82.24  enforcement division may inspect the business premises, books, 
 82.25  records, and other documents of a distributor at any reasonable 
 82.26  time without notice and without a search warrant.  
 82.27     The ~~board~~ commissioner may require that a distributor 
 82.28  submit the monthly report and invoices required in this 
 82.29  subdivision via magnetic media or electronic data transfer. 
 82.30     Sec. 42.  Minnesota Statutes 1994, section 349.162, 
 82.31  subdivision 6, is amended to read: 
 82.32     Subd. 6.  [REMOVAL OF EQUIPMENT FROM INVENTORY.] Authorized 
 82.33  employees of the ~~board~~ division, the ~~division of~~ gambling 
 82.34  enforcement ~~of the department of public safety~~ division, and the 
 82.35  commissioner of revenue may remove gambling equipment from the 
 82.36  inventories of distributors and organizations and test that 
 83.1   equipment to determine its compliance with all applicable laws 
 83.2   and rules.  A distributor or organization may return to the 
 83.3   manufacturer thereof any gambling equipment which is determined 
 83.4   to be in violation of law or rule.  The cost to an organization 
 83.5   of gambling equipment removed from inventory under this 
 83.6   paragraph and found to be in compliance with all applicable law 
 83.7   and rules is an allowable expense under section 349.15. 
 83.8      Sec. 43.  Minnesota Statutes 1994, section 349.163, 
 83.9   subdivision 6, is amended to read: 
 83.10     Subd. 6.  [SAMPLES OF GAMBLING EQUIPMENT.] The ~~board~~ 
 83.11  commissioner shall require each licensed manufacturer to submit 
 83.12  to the ~~board~~ commissioner one or more samples of each item of 
 83.13  gambling equipment the manufacturer manufactures for use or 
 83.14  resale in this state.  The ~~board~~ commissioner shall inspect and 
 83.15  test all the equipment it deems necessary to determine the 
 83.16  equipment's compliance with law and board rules.  Samples 
 83.17  required under this subdivision must be approved by the ~~board~~ 
 83.18  commissioner before the equipment being sampled is shipped into 
 83.19  or sold for use or resale in this state.  The ~~board~~ commissioner 
 83.20  may request the assistance of the ~~commissioner of public safety~~ 
 83.21  ~~and the~~ director of the state lottery ~~board~~ in performing the 
 83.22  tests.  
 83.23     Sec. 44.  Minnesota Statutes 1994, section 349.165, 
 83.24  subdivision 2, is amended to read: 
 83.25     Subd. 2.  [CONTENTS OF APPLICATION.] An application for a 
 83.26  premises permit must contain: 
 83.27     (1) the name and address of the applying organization and 
 83.28  of the organization's gambling manager; 
 83.29     (2) a description of the site for which the permit is 
 83.30  sought, including its address and, where applicable, its 
 83.31  placement within another premises or establishment; 
 83.32     (3) if the site is leased, the name and address of the 
 83.33  lessor and information about the lease the board requires, 
 83.34  including all rents and other charges for the use of the site; 
 83.35  and 
 83.36     (4) other information the ~~board~~ commissioner deems 
 84.1   necessary to carry out ~~its~~ the purposes of this chapter. 
 84.2      An organization holding a premises permit must notify the 
 84.3   ~~board~~ commissioner in writing within ten days whenever any 
 84.4   material change is made in the above information. 
 84.5      Sec. 45.  Minnesota Statutes 1994, section 349.18, 
 84.6   subdivision 1, is amended to read: 
 84.7      Subdivision 1.  [LEASE OR OWNERSHIP REQUIRED.] (a) An 
 84.8   organization may conduct lawful gambling only on premises it 
 84.9   owns or leases.  Leases must be on a form prescribed by the 
 84.10  ~~board~~ commissioner.  Except for leases entered into before the 
 84.11  effective date of this section, the term of the lease may not 
 84.12  begin before the effective date of the premises permit and must 
 84.13  expire on the same day that the premises permit expires.  Copies 
 84.14  of all leases must be made available to employees of the ~~board~~ 
 84.15  division and the ~~division of~~ gambling enforcement division on 
 84.16  request.  A lease may not provide for payments determined 
 84.17  directly or indirectly by the receipts or profits from lawful 
 84.18  gambling.  The ~~board~~ commissioner may prescribe by rule limits 
 84.19  on the amount of rent which an organization may pay to a lessor 
 84.20  for premises leased for lawful gambling provided that no rule of 
 84.21  the ~~board~~ commissioner may prescribe a limit of less than $1,000 
 84.22  per month on rent paid for premises used for lawful gambling 
 84.23  other than bingo.  Any rule adopted by the ~~board~~ commissioner 
 84.24  limiting the amount of rent to be paid may only be effective for 
 84.25  leases entered into, or renewed, after the effective date of the 
 84.26  rule. 
 84.27     (b) No person, distributor, manufacturer, lessor, or 
 84.28  organization other than the licensed organization leasing the 
 84.29  space may conduct any activity on the leased premises during 
 84.30  times when lawful gambling is being conducted on the premises. 
 84.31     (c) At a site where the leased premises consists of an area 
 84.32  on or behind a bar at which alcoholic beverages are sold and 
 84.33  employees of the lessor are employed by the organization as 
 84.34  pull-tab sellers at the site, pull-tabs and tipboard tickets may 
 84.35  be sold and redeemed by those employees at any place on or 
 84.36  behind the bar, but the tipboards and receptacles for pull-tabs 
 85.1   and cash drawers for lawful gambling receipts must be maintained 
 85.2   only within the leased premises. 
 85.3      (d)  Employees of a lessor may participate in lawful 
 85.4   gambling on the premises provided (1) if pull-tabs or tipboards 
 85.5   are sold, the organization voluntarily posts, or is required to 
 85.6   post, the major prizes as specified in section 349.172; and (2) 
 85.7   any employee of the lessor participating in lawful gambling is 
 85.8   not a gambling employee for the organization conducting lawful 
 85.9   gambling on the premises. 
 85.10     Sec. 46.  Minnesota Statutes 1994, section 349.19, 
 85.11  subdivision 6, is amended to read: 
 85.12     Subd. 6.  [PRESERVATION OF RECORDS.] Records required to be 
 85.13  kept by this section must be preserved by a licensed 
 85.14  organization for at least 3-1/2 years and may be inspected by 
 85.15  the commissioner of revenue~~, the board,~~ or the commissioner ~~of~~ 
 85.16  ~~public safety~~ at any reasonable time without notice or a search 
 85.17  warrant. 
 85.18     Sec. 47.  Minnesota Statutes 1994, section 349A.01, is 
 85.19  amended by adding a subdivision to read: 
 85.20     Subd. 2a.  [COMMISSIONER.] "Commissioner" is the 
 85.21  commissioner of the department of gambling. 
 85.22     Sec. 48.  Minnesota Statutes 1994, section 349A.02, 
 85.23  subdivision 1, is amended to read: 
 85.24     Subdivision 1.  [DIRECTOR.] A state lottery is established 
 85.25  under the supervision and control of the director of the state 
 85.26  lottery appointed by the governor with the advice and consent of 
 85.27  the senate.  ~~The governor shall appoint the director from a list~~ 
 85.28  ~~of at least three persons recommended to the governor by the~~ 
 85.29  ~~board.~~  The director must be qualified by experience and 
 85.30  training to supervise the lottery.  The director serves in the 
 85.31  unclassified service.  The annual salary rate authorized for the 
 85.32  director is equal to 80 percent of the salary rate prescribed 
 85.33  for the governor as of the effective date of Laws 1993, chapter 
 85.34  146. 
 85.35     Sec. 49.  Minnesota Statutes 1994, section 349A.02, 
 85.36  subdivision 8, is amended to read: 
 86.1      Subd. 8.  [ATTORNEY GENERAL.] The attorney general is the 
 86.2   attorney for the ~~board~~ commissioner.  
 86.3      Sec. 50.  Minnesota Statutes 1994, section 349A.03, 
 86.4   subdivision 2, is amended to read: 
 86.5      Subd. 2.  [~~BOARD~~ COMMISSIONER DUTIES.] The ~~board~~ 
 86.6   commissioner has the following duties: 
 86.7      (1) to advise the director on all aspects of the lottery; 
 86.8      (2) to review and comment on rules and game procedures 
 86.9   adopted by the director; 
 86.10     (3) review and comment on lottery procurement contracts; 
 86.11     (4) review and comment on agreements between the director 
 86.12  and one or more other lotteries relating to a joint lottery; and 
 86.13     (5) to review and comment on advertising promulgated by the 
 86.14  director at least quarterly to ensure that all advertising is 
 86.15  consistent with the dignity of the state and with section 
 86.16  349A.09.  
 86.17     Sec. 51.  Minnesota Statutes 1994, section 349A.04, is 
 86.18  amended to read: 
 86.19     349A.04 [LOTTERY GAME PROCEDURES.] 
 86.20     The director may adopt game procedures governing the 
 86.21  following elements of the lottery: 
 86.22     (1) lottery games; 
 86.23     (2) ticket prices; 
 86.24     (3) number and size of prizes; 
 86.25     (4) methods of selecting winning tickets; and 
 86.26     (5) frequency and method of drawings. 
 86.27     The adoption of lottery game procedures is not subject to 
 86.28  chapter 14.  Before adopting a lottery game procedure, the 
 86.29  director shall submit the procedure to the ~~board~~ commissioner 
 86.30  for ~~its~~ review and comment. 
 86.31     Sec. 52.  Minnesota Statutes 1994, section 349A.05, is 
 86.32  amended to read: 
 86.33     349A.05 [RULES.] 
 86.34     The director may adopt rules, including emergency rules, 
 86.35  under chapter 14 governing the following elements of the lottery:
 86.36     (1) the number and types of lottery retailers' locations; 
 87.1      (2) qualifications of lottery retailers and application 
 87.2   procedures for lottery retailer contracts; 
 87.3      (3) investigation of lottery retailer applicants; 
 87.4      (4) appeal procedures for denial, suspension, or 
 87.5   cancellation of lottery retailer contracts; 
 87.6      (5) compensation of lottery retailers; 
 87.7      (6) accounting for and deposit of lottery revenues by 
 87.8   lottery retailers; 
 87.9      (7) procedures for issuing lottery procurement contracts 
 87.10  and for the investigation of bidders on those contracts; 
 87.11     (8) payment of prizes; 
 87.12     (9) procedures needed to ensure the integrity and security 
 87.13  of the lottery; and 
 87.14     (10) other rules the director considers necessary for the 
 87.15  efficient operation and administration of the lottery.  
 87.16     Before adopting a rule the director shall submit the rule 
 87.17  to the ~~board~~ commissioner for ~~its~~ review and comment.  
 87.18     Sec. 53.  Minnesota Statutes 1994, section 349A.06, 
 87.19  subdivision 2, is amended to read: 
 87.20     Subd. 2.  [QUALIFICATIONS.] (a) The director may not 
 87.21  contract with a retailer who: 
 87.22     (1) is under the age of 18; 
 87.23     (2) is in business solely as a seller of lottery tickets; 
 87.24     (3) owes $500 or more in delinquent taxes as defined in 
 87.25  section 270.72; 
 87.26     (4) has been convicted within the previous five years of a 
 87.27  felony or gross misdemeanor, any crime involving fraud or 
 87.28  misrepresentation, or a gambling-related offense; 
 87.29     (5) is a member of the immediate family, residing in the 
 87.30  same household, as the director~~, board member,~~ or any employee 
 87.31  of the lottery; 
 87.32     (6) in the director's judgment does not have the financial 
 87.33  stability or responsibility to act as a lottery retailer, or 
 87.34  whose contracting as a lottery retailer would adversely affect 
 87.35  the public health, welfare, and safety, or endanger the security 
 87.36  and integrity of the lottery; or 
 88.1      (7) is a currency exchange, as defined in section 53A.01. 
 88.2      A contract entered into before August 1, 1990, which 
 88.3   violates clause (7) may continue in effect until its expiration 
 88.4   but may not be renewed. 
 88.5      (b) An organization, firm, partnership, or corporation that 
 88.6   has a stockholder who owns more than five percent of the 
 88.7   business or the stock of the corporation, an officer, or 
 88.8   director, that does not meet the requirements of paragraph (a), 
 88.9   clause (4), is not eligible to be a lottery retailer under this 
 88.10  section. 
 88.11     (c) The restrictions under paragraph (a), clause (4), do 
 88.12  not apply to an organization, partnership, or corporation if the 
 88.13  director determines that the organization, partnership, or firm 
 88.14  has terminated its relationship with the individual whose 
 88.15  actions directly contributed to the disqualification under this 
 88.16  subdivision. 
 88.17     Sec. 54.  Minnesota Statutes 1994, section 349A.08, 
 88.18  subdivision 7, is amended to read: 
 88.19     Subd. 7.  [PAYMENTS PROHIBITED.] (a) No prize may be paid 
 88.20  to ~~a member of the board~~ the commissioner, the director or an 
 88.21  employee of the lottery, or a member of their families residing 
 88.22  in the same household of the ~~member~~ commissioner, director, or 
 88.23  employee.  No prize may be paid to an officer or employee of a 
 88.24  vendor which at the time the game or drawing was being conducted 
 88.25  was involved with providing goods or services to the lottery 
 88.26  under a lottery procurement contract. 
 88.27     (b) No prize may be paid for a stolen, altered, or 
 88.28  fraudulent ticket. 
 88.29     Sec. 55.  Minnesota Statutes 1994, section 349A.11, is 
 88.30  amended to read: 
 88.31     349A.11 [CONFLICT OF INTEREST.] 
 88.32     (a) The director, ~~a board member~~ the commissioner, an 
 88.33  employee of the lottery, a member of the immediate family of the 
 88.34  director, ~~board member~~ commissioner, or employee residing in the 
 88.35  same household may not: 
 88.36     (1) purchase a lottery ticket; 
 89.1      (2) have any personal pecuniary interest in any vendor 
 89.2   holding a lottery procurement contract, or in any lottery 
 89.3   retailer; or 
 89.4      (3) receive any gift, gratuity, or other thing of value, 
 89.5   excluding food or beverage, from any lottery vendor or lottery 
 89.6   retailer, or person applying to be a retailer or vendor, in 
 89.7   excess of $100 in any calendar year.  
 89.8      (b) A violation of paragraph (a), clause (1), is a 
 89.9   misdemeanor.  A violation of paragraph (a), clause (2), is a 
 89.10  gross misdemeanor.  A violation of paragraph (a), clause (3), is 
 89.11  a misdemeanor unless the gift, gratuity, or other item of value 
 89.12  received has a value in excess of $500, in which case a 
 89.13  violation is a gross misdemeanor.  
 89.14     (c) The director or an unclassified employee of the lottery 
 89.15  may not, within one year of terminating employment with the 
 89.16  lottery, accept employment with, act as an agent or attorney 
 89.17  for, or otherwise represent any person, corporation, or entity 
 89.18  that had any lottery procurement contract or bid for a lottery 
 89.19  procurement contract with the lottery within a period of two 
 89.20  years prior to the termination of their employment.  A violation 
 89.21  of this paragraph is a misdemeanor.  
 89.22     Sec. 56.  Minnesota Statutes 1994, section 349A.12, 
 89.23  subdivision 4, is amended to read: 
 89.24     Subd. 4.  [LOTTERY RETAILERS AND VENDORS.] A person who is 
 89.25  a lottery retailer, or is applying to be a lottery retailer, a 
 89.26  person applying for a contract with the director, or a person 
 89.27  under contract with the director to supply goods or services to 
 89.28  lottery may not pay, give, or make any economic opportunity, 
 89.29  gift, loan, gratuity, special discount, favor, hospitality, or 
 89.30  service, excluding food or beverage, having an aggregate value 
 89.31  of over $100 in any calendar year to the director, ~~board member~~ 
 89.32  commissioner, employee of the lottery, or to a member of the 
 89.33  immediate family residing in the same household as that person. 
 89.34     Sec. 57.  [DIVISION DIRECTORS.] 
 89.35     The directors of the Minnesota racing commission, gambling 
 89.36  control board, and division of gambling enforcement of the 
 90.1   department of public safety on the effective date of this 
 90.2   article continue in the positions of directors of those 
 90.3   divisions in the department of gambling in the classified 
 90.4   service. 
 90.5      Sec. 58.  [REVISOR INSTRUCTION.] 
 90.6      (a) The revisor of statutes shall make the following 
 90.7   changes in Minnesota Statutes, as well as similar changes 
 90.8   elsewhere in Minnesota Statutes and Minnesota Rules to conform 
 90.9   to the legislative intent as expressed in this article: 
 90.10     (1) "commission," "commission's," or similar terms in 
 90.11  Minnesota Statutes, sections 240.05, subdivisions 1 and 3; 
 90.12  240.06, subdivisions 1, 2, and 4 to 6; and 240.18, when 
 90.13  referring to the Minnesota racing commission to "commissioner," 
 90.14  "commissioner's," or similar terms; 
 90.15     (2) "board," "board's," or similar terms in Minnesota 
 90.16  Statutes, sections 349.12, subdivision 3; and 349.163, 
 90.17  subdivision 4, when referring to the gambling control board to 
 90.18  "division," "division's," or similar terms; and 
 90.19     (3) "board," "board's," or similar terms when referring to 
 90.20  the gambling control board to "commissioner," "commissioner's," 
 90.21  or similar terms in sections 349.12, subdivisions 3a, 4, and 25; 
 90.22  349.15, subdivisions 2, 4, 4a, 4b, 5, 7, and 9 to 13; 349.152, 
 90.23  subdivisions 2 and 3; 349.154; 349.155, subdivisions 1, 2, 3, 
 90.24  and 5 to 8; 349.16; 349.161, subdivisions 2 and 8; 349.162, 
 90.25  subdivisions 1 and 5; 349.163, subdivisions 1, 5, 6a, and 7; 
 90.26  349.164, subdivision 2; 349.1641; 349.165, subdivisions 1 and 3; 
 90.27  349.166; 349.167; 349.168; 349.169; 349.17; 349.172; 349.18, 
 90.28  subdivisions 1a and 2; 349.19, subdivisions 1 to 5 and 7 to 11; 
 90.29  349.191; and 349.211, subdivision 3. 
 90.30     (b) The revisor of statutes shall recodify Minnesota 
 90.31  Statutes, chapters 240 and 299L and Minnesota Statutes, sections 
 90.32  349.11 to 349.23 as part of Minnesota Statutes, chapter 349B. 
 90.33     Sec. 59.  [REPEALER.] 
 90.34     Minnesota Statutes 1994, sections 240.01, subdivision 4; 
 90.35  349.12, subdivision 6; 349.152, subdivision 4; and 349A.01, 
 90.36  subdivision 2, are repealed. 
 91.1      Sec. 60.  [EFFECTIVE DATE.] 
 91.2      This article is effective July 1, 1995. 
 91.3                              ARTICLE 6
 91.4                       PUBLIC SERVICE ABOLISHED
 91.5      Section 1.  [DEPARTMENT OF PUBLIC SERVICE ABOLISHED; 
 91.6   RESPONSIBILITIES TRANSFERRED.] 
 91.7      Subdivision 1.  [DEPARTMENT ABOLISHED; RESPONSIBILITIES 
 91.8   TRANSFERRED.] The department of public service is abolished.  
 91.9   The responsibilities held by the department are transferred to a 
 91.10  receiving agency as designated in this article.  Except as 
 91.11  otherwise provided by this article, the responsibilities of the 
 91.12  department must be transferred under Minnesota Statutes, section 
 91.13  15.039.  For the purposes of this article, "responsibilities" 
 91.14  means the powers, duties, rights, obligations, rules, court 
 91.15  actions, contracts, records, property of every description, 
 91.16  unexpended funds, personnel, and authority imposed by law of the 
 91.17  department of public service.  For the purposes of this article, 
 91.18  "receiving agency" has the meaning given it in Minnesota 
 91.19  Statutes, section 15.039, subdivision 1. 
 91.20     Subd. 2.  [SPECIFIC POSITIONS ABOLISHED.] The following 
 91.21  positions in the department of public service are not 
 91.22  transferred to a receiving agency and are specifically abolished:
 91.23     (1) commissioner; 
 91.24     (2) deputy commissioner; 
 91.25     (3) assistant commissioner; and 
 91.26     (4) executive assistant. 
 91.27     Subd. 3.  [ATTORNEY GENERAL.] The responsibility for 
 91.28  intervention as a party in all public utility and 
 91.29  telecommunications matters before the public utilities 
 91.30  commission is transferred to the utility consumers division of 
 91.31  the attorney general's office. 
 91.32     Subd. 4.  [PUBLIC UTILITIES COMMISSION.] (a) The following 
 91.33  responsibilities are transferred to the public utilities 
 91.34  commission: 
 91.35     (1) the intervention office that represents the interests 
 91.36  of Minnesota residents, businesses, and governments before 
 92.1   bodies and agencies outside the state that make, interpret, or 
 92.2   implement national and international energy policy; 
 92.3      (2) enforcement of Minnesota Statutes, chapters 216A, 216B, 
 92.4   216C, and 237 and orders of the public utilities commission 
 92.5   under those chapters; 
 92.6      (3) conservation improvement; and 
 92.7      (4) all other responsibilities related to energy 
 92.8   production, transportation, transmission, consumption, 
 92.9   conservation, and efficiency. 
 92.10     (b) The positions and personnel of the department of public 
 92.11  service related to the responsibilities listed in paragraph (a) 
 92.12  are transferred to the public utilities commission. 
 92.13     Subd. 5.  [DEPARTMENT OF AGRICULTURE.] The division of 
 92.14  weights and measures is transferred to the department of 
 92.15  agriculture. 
 92.16     Subd. 6.  [RULES.] All rules adopted by the department of 
 92.17  public service before the effective date of this article become 
 92.18  rules of the agency to which the appropriate rulemaking 
 92.19  authority is transferred by this article. 
 92.20                             ARTICLE 7
 92.21                       CONFORMING AMENDMENTS
 92.22     Section 1.  Minnesota Statutes 1994, section 8.33, is 
 92.23  amended to read: 
 92.24     8.33 [REPRESENTATION OF CONSUMER AND SMALL BUSINESS 
 92.25  INTEREST IN PUBLIC UTILITY MATTERS.] 
 92.26     Subdivision 1.  [DEFINITIONS.] For the purposes of this 
 92.27  section, the following terms have the meanings given them: 
 92.28     (1) "Public utility" means a publicly or privately owned 
 92.29  entity engaged in supplying utility services to residential 
 92.30  utility consumers in this state or to another public utility for 
 92.31  ultimate distribution to residential utility consumers in this 
 92.32  state and whose rates or charges are subject to approval by the 
 92.33  public utilities commission or an agency of the federal 
 92.34  government.  No municipal or cooperative utility shall be 
 92.35  considered a "public utility" for the purposes of this clause. 
 92.36     (2) "~~Residential and small business~~ Utility consumer" or 
 93.1   "consumer" means a person ~~or small business~~, firm, association, 
 93.2   partnership, or corporation that uses utility services at ~~the~~ 
 93.3   ~~person's~~ a residence or business location in this state and who 
 93.4   is billed by or pays a public utility for these services. 
 93.5      (3) "Small business" has the meaning given it in section 
 93.6   645.445. 
 93.7      ~~(3)~~ (4) "Utility services" means electricity, natural gas, 
 93.8   or telephone services distributed to residential utility 
 93.9   consumers by a public utility. 
 93.10     A utility consumers division is established in the office 
 93.11  of the attorney general to carry out the duties assigned to the 
 93.12  attorney general under this section. 
 93.13     Subd. 2.  [DIVISION ESTABLISHED; DUTIES.] (a) A utility 
 93.14  consumers division is established in the office of the attorney 
 93.15  general to carry out the duties assigned to the attorney general 
 93.16  under this section. 
 93.17     (b) The attorney general is responsible for representing 
 93.18  and furthering the interests of ~~residential and small business~~ 
 93.19  utility consumers, other than utility consumers who represent 
 93.20  their own interests, through participation in matters before the 
 93.21  public utilities commission involving utility rates and adequacy 
 93.22  of utility services to ~~residential or small business~~ utility 
 93.23  consumers.  The attorney general shall expend a reasonable 
 93.24  portion of effort among all three kinds of utility services and 
 93.25  shall identify and promote the needs of each class 
 93.26  of ~~residential and small business~~ consumers with respect to each 
 93.27  of the utility services. 
 93.28     Subd. 3.  [RIGHT OF INTERVENTION.] Subject to the 
 93.29  limitations of subdivision 2, the attorney general may intervene 
 93.30  as of right or participate as an interested party in matters 
 93.31  pending before the public utilities commission which affect the 
 93.32  distribution by a public utility of utility services to 
 93.33  ~~residential or small business~~ utility consumers.  When 
 93.34  intervening in gas or electric hearings, the attorney general 
 93.35  shall prepare and defend testimony designed to encourage energy 
 93.36  conservation improvements as defined in section 216B.241.  The 
 94.1   right of the attorney general to participate or intervene does 
 94.2   not affect the obligation of the public utilities commission to 
 94.3   protect the public interest. 
 94.4      Subd. 4.  [NOTICE; PROCEDURES.] The public utilities 
 94.5   commission shall give reasonable notice to the attorney general 
 94.6   of any matter scheduled to come before the commission affecting 
 94.7   a public utility's rates or adequacy of services to ~~residential~~ 
 94.8   ~~or small business~~ utility consumers.  Rules of the commission 
 94.9   governing procedures before the commission apply to the attorney 
 94.10  general and the attorney general's employees or 
 94.11  representatives.  The attorney general has the same rights and 
 94.12  privileges accorded other intervenors or participants in matters 
 94.13  pending before the commission. 
 94.14     Subd. 5.  [APPEALS.] The attorney general has an interest 
 94.15  sufficient to maintain, intervene as of right in, or otherwise 
 94.16  participate in any civil action in the courts of this state for 
 94.17  the review or enforcement of any public utilities commission 
 94.18  action which affects a public utility's rates or adequacy of 
 94.19  service to ~~residential or small business~~ utility consumers. 
 94.20     Subd. 6.  [INTERVENTION IN FEDERAL PROCEEDINGS.] The 
 94.21  attorney general and the public utilities commission shall 
 94.22  jointly represent and further the interests of ~~residential and~~ 
 94.23  ~~small business~~ utility consumers through participation as an 
 94.24  intervenor or interested party in federal proceedings relating 
 94.25  to the regulation of:  (a) wholesale rates for energy delivered 
 94.26  through interstate facilities; or (b) fuel used in generation of 
 94.27  electricity or the manufacture of gas.  The attorney general may 
 94.28  maintain, intervene in, or otherwise participate in civil 
 94.29  actions relating to the federal proceedings. 
 94.30     Subd. 7.  [ADDITIONAL POWERS.] The power granted by this 
 94.31  section is in addition to powers otherwise provided by law to 
 94.32  the attorney general. 
 94.33     Sec. 2.  Minnesota Statutes 1994, section 15.01, is amended 
 94.34  to read: 
 94.35     15.01 [DEPARTMENTS OF THE STATE.] 
 94.36     The following agencies are designated as the departments of 
 95.1   the state government:  the department of administration; the 
 95.2   department of agriculture; the department of commerce; the 
 95.3   department of corrections; the department of education; the 
 95.4   department of economic security; the department of trade and 
 95.5   economic development; the department of finance; the department 
 95.6   of health; the department of human rights; the department of 
 95.7   labor and industry; the department of military affairs; the 
 95.8   department of natural resources; the department of employee 
 95.9   relations; the department of public safety; ~~the department of~~ 
 95.10  ~~public service;~~ the department of human services; the department 
 95.11  of revenue; the department of transportation; the department of 
 95.12  veterans affairs; and their successor departments. 
 95.13     Sec. 3.  Minnesota Statutes 1994, section 116C.03, 
 95.14  subdivision 2, is amended to read: 
 95.15     Subd. 2.  [MEMBERSHIP.] The members of the board are the 
 95.16  director of the office of strategic and long-range planning, the 
 95.17  ~~commissioner of public service~~ director of the division of 
 95.18  energy in the public utilities commission, the commissioner of 
 95.19  the pollution control agency, the commissioner of natural 
 95.20  resources, the director of the office of environmental 
 95.21  assistance, the commissioner of agriculture, the commissioner of 
 95.22  health, the commissioner of transportation, the chair of the 
 95.23  board of water and soil resources, and a representative of the 
 95.24  governor's office designated by the governor.  The governor 
 95.25  shall appoint five members from the general public to the board, 
 95.26  subject to the advice and consent of the senate.  At least two 
 95.27  of the five public members must have knowledge of and be 
 95.28  conversant in water management issues in the state.  
 95.29  Notwithstanding the provisions of section 15.06, subdivision 6, 
 95.30  members of the board may not delegate their powers and 
 95.31  responsibilities as board members to any other person. 
 95.32     Sec. 4.  Minnesota Statutes 1994, section 216A.01, is 
 95.33  amended to read: 
 95.34     216A.01 [ESTABLISHMENT OF DEPARTMENT AND COMMISSION.] 
 95.35     There ~~are~~ is hereby created and established the ~~department~~ 
 95.36  ~~of public service, and the~~ public utilities commission.  The 
 96.1   ~~department of public service~~ utility consumers division of the 
 96.2   attorney general's office shall have and possess all of the 
 96.3   rights and powers and perform all of the duties vested in it by 
 96.4   this chapter.  The public utilities commission shall have and 
 96.5   possess all of the rights and powers and perform all of the 
 96.6   duties vested in it by this chapter, and those formerly vested 
 96.7   by law in the railroad and warehouse commission. 
 96.8      Sec. 5.  Minnesota Statutes 1994, section 216A.035, is 
 96.9   amended to read: 
 96.10     216A.035 [CONFLICT OF INTEREST.] 
 96.11     (a) No person, while a member of the public utilities 
 96.12  commission, while acting as executive ~~secretary~~ director of the 
 96.13  commission, or while employed in a professional capacity by the 
 96.14  commission, shall receive any income, other than dividends or 
 96.15  other earnings from a mutual fund or trust if these earnings do 
 96.16  not constitute a significant portion of the person's income, 
 96.17  directly or indirectly from any public utility or other 
 96.18  organization subject to regulation by the commission. 
 96.19     (b) No person is eligible to be appointed as a member of 
 96.20  the commission if the person has been employed with an entity, 
 96.21  or an affiliated company of an entity, that is subject to rate 
 96.22  regulation by the commission within one year from the date when 
 96.23  the person's term on the commission will begin. 
 96.24     (c) No person who is an employee of the ~~public service~~ 
 96.25  ~~department~~ utility consumers division of the attorney general's 
 96.26  office shall participate in any manner in any decision or action 
 96.27  of the commission where that person has a direct or indirect 
 96.28  financial interest.  Each commissioner or employee of the ~~public~~ 
 96.29  ~~service department~~ utility consumers division who is in the 
 96.30  general professional, supervisory, or technical units 
 96.31  established in section 179A.10 or who is a professional, 
 96.32  supervisory, or technical employee defined as confidential in 
 96.33  section 179A.03, subdivision 4, or who is a management 
 96.34  classification employee and whose duties are related to public 
 96.35  utilities or transportation regulation shall report to the 
 96.36  ethical practices board annually before April 15 any interest in 
 97.1   an industry or business regulated by the commission.  Each 
 97.2   commissioner shall file a statement of economic interest as 
 97.3   required by section 10A.09 with the ethical practices board and 
 97.4   the public utilities commission before taking office.  The 
 97.5   statement of economic interest must state any interest that the 
 97.6   commissioner has in an industry or business regulated by the 
 97.7   commission. 
 97.8      (d) A professional employee of the commission or department 
 97.9   must immediately disclose to the commission or to the 
 97.10  commissioner of the department, respectively, any communication, 
 97.11  direct or indirect, with a person who is a party to a pending 
 97.12  proceeding before the commission regarding future benefits, 
 97.13  compensation, or employment to be received from that person. 
 97.14     Sec. 6.  Minnesota Statutes 1994, section 216A.036, is 
 97.15  amended to read: 
 97.16     216A.036 [EMPLOYMENT RESTRICTIONS.] 
 97.17     (a) A person who serves as ~~(1)~~ a ~~commissioner~~ member of the 
 97.18  public utilities commission~~, (2) commissioner of the department~~ 
 97.19  ~~of public service, or (3) deputy commissioner of the department,~~ 
 97.20  shall not, while employed with or within one year after leaving 
 97.21  the commission, ~~or department,~~ accept employment with, receive 
 97.22  compensation directly or indirectly from, or enter into a 
 97.23  contractual relationship with an entity, or an affiliated 
 97.24  company of an entity, that is subject to rate regulation by the 
 97.25  commission. 
 97.26     (b) An entity or an affiliated company of an entity that is 
 97.27  subject to rate regulation by the commission, or a person acting 
 97.28  on behalf of the entity, shall not negotiate or offer to employ 
 97.29  or compensate a commissioner of the public utilities commission~~,~~ 
 97.30  ~~the commissioner of public service, or the deputy commissioner,~~ 
 97.31  while the person is ~~so employed~~ a member of the commission or 
 97.32  within one year after the person leaves ~~that employment~~ the 
 97.33  commission. 
 97.34     (c) For the purposes of this section, "affiliated company" 
 97.35  means a company that controls, is controlled by, or is under 
 97.36  common control with an entity subject to rate regulation by the 
 98.1   commission. 
 98.2      (d) A person who violates this section is subject to a 
 98.3   civil penalty not to exceed $10,000 for each violation.  The 
 98.4   attorney general may bring an action in district court to 
 98.5   collect the penalties provided in this section. 
 98.6      Sec. 7.  Minnesota Statutes 1994, section 216A.04, is 
 98.7   amended to read: 
 98.8      216A.04 [EXECUTIVE ~~SECRETARY~~ DIRECTOR; EMPLOYEES.] 
 98.9      Subdivision 1.  [SELECTION OF EXECUTIVE ~~SECRETARY~~ 
 98.10  DIRECTOR.] The commission shall appoint an executive ~~secretary~~ 
 98.11  director, not a member, who shall be in the unclassified service 
 98.12  of the state and shall serve at the pleasure of the commission.  
 98.13  The executive ~~secretary~~ director shall take, subscribe and file 
 98.14  an oath similar to that required of the commissioners, and shall 
 98.15  be subject to the same disqualifications as commissioners. 
 98.16     Subd. 1a.  [POWERS AND DUTIES OF EXECUTIVE ~~SECRETARY~~ 
 98.17  DIRECTOR.] The executive ~~secretary~~ director shall:  
 98.18     (1) cause to be kept full and correct records of all 
 98.19  transactions and proceedings of the commission; 
 98.20     (2) appoint, subject to chapter 43A and the approval of the 
 98.21  commission, the director of the energy division and all other 
 98.22  classified employees of the commission and supervise and direct 
 98.23  their activities; 
 98.24     (3) have custody of the seal of the commission; 
 98.25     (4) serve as the administrative officer of the commission 
 98.26  with responsibility for personnel, budget and other 
 98.27  administrative details related to the work of the commission or 
 98.28  as required by state law; 
 98.29     (5) prepare orders, reports, and other materials as 
 98.30  assigned by the commission and recommend to the commission such 
 98.31  measures as may be appropriate to achieve the objectives of the 
 98.32  commission; 
 98.33     (6) advise the commission of its financial position and 
 98.34  recommend a budget for its approval; and 
 98.35     (7) perform other duties as the commission directs.  
 98.36     Subd. 2.  [ACTING ~~SECRETARY~~ EXECUTIVE DIRECTOR.] The 
 99.1   commission may designate any responsible employee to serve as 
 99.2   acting ~~secretary~~ director in the absence of the ~~secretary~~ 
 99.3   director.  
 99.4      Subd. 3.  [OFFICERS AND EMPLOYEES.] The commission may 
 99.5   establish other positions in the unclassified service if the 
 99.6   positions meet the criteria of section 43A.08, subdivision 1a, 
 99.7   clauses (a) to (g).  The commission may employ other persons as 
 99.8   may be necessary to carry out its functions. 
 99.9      Hearing reporters may provide transcripts of proceedings 
 99.10  before the commission to persons requesting transcripts who pay 
 99.11  a reasonable charge therefor to the reporter.  The amount of the 
 99.12  charge shall be fixed by the commission and retained by the 
 99.13  reporter, any other law to the contrary notwithstanding. 
 99.14     Sec. 8.  Minnesota Statutes 1994, section 216A.05, is 
 99.15  amended by adding a subdivision to read: 
 99.16     Subd. 1a.  [ADMINISTRATIVE FUNCTIONS.] The commission shall 
 99.17  delegate to the executive director, to the greatest extent 
 99.18  practicable, performance of any administrative functions 
 99.19  assigned to the commission by the legislature. 
 99.20     Sec. 9.  Minnesota Statutes 1994, section 216A.07, is 
 99.21  amended to read: 
 99.22     216A.07 [~~COMMISSIONER~~ EXECUTIVE DIRECTOR; POWERS AND 
 99.23  DUTIES.] 
 99.24     Subdivision 1.  [ADMINISTRATIVE DUTIES.] The ~~commissioner~~ 
 99.25  ~~shall be the executive and administrative head of the public~~ 
 99.26  ~~service department and shall have and possess~~ executive director 
 99.27  of the commission has and possesses all the rights and powers 
 99.28  and shall perform all the duties relating to the 
 99.29  administrative ~~function of the department as~~ functions set forth 
 99.30  in this chapter and chapters 216B and 237.  The ~~commissioner~~ 
 99.31  executive director may: 
 99.32     (1) prepare all forms or blanks for the purpose of 
 99.33  obtaining information which the commissioner may deem necessary 
 99.34  or useful in the proper exercise of the authority and duties of 
 99.35  the commissioner in connection with regulated businesses; 
 99.36     (2) prescribe the time and manner within which forms or