1.1                          A bill for an act 
  1.2             relating to the organization and operation of state 
  1.3             government; appropriating money for the general 
  1.4             administration expenses of state government; imposing 
  1.5             certain duties, authority, and limitations on 
  1.6             agencies; making fund transfers; amending Minnesota 
  1.7             Statutes 1994, sections 8.15, by adding a subdivision; 
  1.8             16A.11, subdivision 1, and by adding a subdivision; 
  1.9             16D.03, subdivision 2; 16D.04, as amended; 16D.05; 
  1.10            16D.07; 16D.08, as amended; 16D.10; 69.021, 
  1.11            subdivision 4, and by adding subdivisions; 69.031, 
  1.12            subdivisions 1 and 5; 116G.151; 144C.03, subdivision 
  1.13            2; 192.501, as amended; 363.071, subdivision 7; and 
  1.14            423A.02, by adding a subdivision; Minnesota Statutes 
  1.15            1995 Supplement, sections 16D.02, subdivision 8; 
  1.16            16D.06; 16D.11, subdivisions 1, 2, 4, 5, and 6; 
  1.17            16D.12; 16D.14; 16D.16; and 240A.08; Laws 1995, 
  1.18            chapter 254, article 1, section 11, subdivision 8; 
  1.19            proposing coding for new law in Minnesota Statutes, 
  1.20            chapters 3; 10; 14; 16B; 116G; and 363; repealing 
  1.21            Minnesota Statutes 1995 Supplement, section 353.65, 
  1.22            subdivision 7. 
  1.23  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.24  Section 1.  [STATE GOVERNMENT APPROPRIATIONS.] 
  1.25     The sums shown in the columns marked "APPROPRIATIONS" are 
  1.26  appropriated from the general fund, or another named fund, to 
  1.27  the agencies and for the purposes specified in this act, to be 
  1.28  available for the fiscal years indicated for each purpose.  
  1.29                          SUMMARY BY FUND
  1.30                            1996          1997           TOTAL
  1.31  General Fund       $    4,407,000 $    3,431,000 $    7,838,000
  1.33                                             APPROPRIATIONS 
  1.34                                         Available for the Year 
  1.35                                             Ending June 30 
  2.1                                             1996         1997 
  2.2   Sec. 2.  OFFICE OF STRATEGIC 
  2.3   AND LONG-RANGE PLANNING                  -0-            500,000 
  2.4   This appropriation is for planning and 
  2.5   construction of a worker retraining 
  2.6   center located at the St. Paul Ford 
  2.7   plant.  This appropriation requires 
  2.8   that the project be coordinated with 
  2.9   MNSCU higher education institutions and 
  2.10  that the Ford company and the United 
  2.11  Auto Workers union provide furnishings, 
  2.12  robotics equipment, and an operating 
  2.13  budget.  This appropriation is from 
  2.14  money available in the general fund as 
  2.15  a result of the Ramsey county district 
  2.16  court decision invalidating an 
  2.17  attempted line-item veto by the 
  2.18  governor. 
  2.19  Sec. 3.  ADMINISTRATION                  -0-          1,350,000 
  2.20  $1,000,000 is for impact analysis and 
  2.21  staff for state information system 
  2.22  modifications relating to year 2000 
  2.23  date change requirements. 
  2.24  $134,000 of contributed capital is 
  2.25  transferred from the electronic 
  2.26  equipment rental fund to the 
  2.27  micrographics/records center fund in 
  2.28  fiscal year 1996. 
  2.29  $100,000 is for the Government 
  2.30  Information Access Council.  This 
  2.31  appropriation is from money available 
  2.32  in the general fund as a result of the 
  2.33  Ramsey county district court decision 
  2.34  invalidating an attempted line-item 
  2.35  veto by the governor. 
  2.36  $250,000 is appropriated to the 
  2.37  commissioner of administration for 
  2.38  purposes of administering a 
  2.39  prescription drug contract program.  
  2.40  This appropriation is from money 
  2.41  available in the general fund as a 
  2.42  result of the Ramsey county district 
  2.43  court decision invalidating an 
  2.44  attempted line-item veto by the 
  2.45  governor. 
  2.46  Sec. 4.  CAPITOL AREA 
  2.47  ARCHITECTURAL AND PLANNING BOARD          10,000        430,000
  2.48  $250,000 is for design and construction 
  2.49  of the Minnesota Women's Suffrage 
  2.50  Memorial Garden on the capitol 
  2.51  grounds.  The last $50,000 of this 
  2.52  appropriation is available only upon 
  2.53  demonstration of a $50,000 match in 
  2.54  nonstate funds. 
  2.55  $10,000 in fiscal year 1996 is for 
  2.56  treatment of the surface of the Roy 
  2.57  Wilkins memorial that must be performed 
  2.58  immediately to prevent deterioration of 
  2.59  the surface.  Any amount of this 
  2.60  appropriation not spent in fiscal year 
  2.61  1996 may be carried forward and spent 
  3.1   in fiscal year 1997. 
  3.2   $180,000 in fiscal year 1997 is for 
  3.3   revision of the board's comprehensive 
  3.4   plan and zoning ordinance. 
  3.5   Sec. 5.  FINANCE                       4,397,000        -0-     
  3.6   $4,397,000 is for statewide operating 
  3.7   systems.  This appropriation is 
  3.8   available until June 30, 1997. 
  3.9   By January 15, 1997, the sponsoring 
  3.10  agencies of the statewide systems 
  3.11  project shall report to the 
  3.12  legislature.  The report must include 
  3.13  an accounting of money spent for 
  3.14  statewide operating systems, and 
  3.15  projections for future spending.  The 
  3.16  report also must include strategies for 
  3.17  potential savings opportunities in 
  3.18  operation of the statewide systems.  
  3.19  The agencies must consider alternatives 
  3.20  to mainframe operations.  The report 
  3.21  must describe efforts to:  improve 
  3.22  operator proficiency, modify software 
  3.23  to achieve efficiencies, and educate 
  3.24  users concerning efficient use of the 
  3.25  systems. 
  3.26  The report must also include 
  3.27  recommendations for management of user 
  3.28  consumption of Intertech resources for 
  3.29  the statewide systems, including the 
  3.30  desirability of charge backs and fees 
  3.31  for services. 
  3.32  Sec. 6.  REVENUE                         -0-            976,000
  3.33  This appropriation is to increase the 
  3.34  department's audit presence in greater 
  3.35  Minnesota and to make changes to the 
  3.36  withholding system. 
  3.37  It is anticipated that these changes 
  3.38  will result in additional general fund 
  3.39  revenues of $1,950,000 in fiscal year 
  3.40  1997. 
  3.41  The commissioner of finance shall 
  3.42  certify the amount of additional 
  3.43  general fund revenue generated as a 
  3.44  result of this increased activity.  The 
  3.45  amount certified in excess of $976,000 
  3.46  is appropriated to the commissioner of 
  3.47  finance in fiscal year 1997 for 
  3.48  purposes of operation of the statewide 
  3.49  systems.  This appropriation is 
  3.50  available until expended. 
  3.51  Sec. 7.  HUMAN RIGHTS                    -0-            175,000
  3.52  $100,000 is for additional enforcement 
  3.53  and case processing staff. 
  3.54  The commissioner of human rights shall 
  3.55  report to the legislature by January 
  3.56  15, 1997.  The report must contain a 
  3.57  plan for making probable cause 
  3.58  determinations as expeditiously as 
  3.59  possible, and for using the minimum 
  4.1   possible amount of department resources 
  4.2   on those cases in which no probable 
  4.3   cause is found.  The report also must 
  4.4   contain a plan to eliminate the case 
  4.5   backlog in the department, and a plan 
  4.6   to process future cases in a manner 
  4.7   that complies with statutory time 
  4.8   deadlines. 
  4.9   $75,000 is for an alternative dispute 
  4.10  resolution program. 
  4.11     Sec. 8.  [3.154] [FAILURE TO CARRY OUT LAW.] 
  4.12     (a) A standing committee of the house of representatives or 
  4.13  the senate or a finance division of a standing committee may, by 
  4.14  a majority vote of all of its members, determine that an 
  4.15  executive branch agency intentionally has failed to implement a 
  4.16  law in the manner required by the legislature.  Before making 
  4.17  such a determination, the committee or division must notify the 
  4.18  agency of the law that is the subject of the alleged violation 
  4.19  and must allow agency representatives to testify before the 
  4.20  committee. 
  4.21     (b) Upon a determination of intentional failure to 
  4.22  implement a law under paragraph (a), the commissioner of finance 
  4.23  must reduce the direct appropriated operating budget of the 
  4.24  agency, or the division of the agency responsible for the 
  4.25  failure to implement the law, by ten percent for the fiscal year 
  4.26  in which the determination under paragraph (a) occurred.  
  4.27  However, the appropriation reduction required by this paragraph 
  4.28  need not take place if the governor issues an executive order 
  4.29  citing the law in issue and explaining why the governor believes 
  4.30  the agency has not intentionally failed to implement the law. 
  4.31     Sec. 9.  [3.3055] [INFORMATION SYSTEM REVIEW.] 
  4.32     The legislature shall establish an ongoing structure and 
  4.33  process for legislative review of state agency development and 
  4.34  acquisition of information systems, including: 
  4.35     (1) evaluation of plans for state agency information 
  4.36  systems projects before the projects become formal budget 
  4.37  recommendations; 
  4.38     (2) evaluation of state agency information systems projects 
  4.39  that are included in the governor's budget recommendations; and 
  4.40     (3) oversight of the executive branch's implementation of 
  5.1   state agency information systems projects that the legislature 
  5.2   funds.  
  5.3      State agencies must submit information concerning these 
  5.4   systems to the legislature at the time and in the manner 
  5.5   requested by legislative committees or commissions. 
  5.6      Sec. 10.  Minnesota Statutes 1994, section 8.15, is amended 
  5.7   by adding a subdivision to read: 
  5.8      Subd. 5.  [REIMBURSEMENTS.] State agencies receiving legal 
  5.9   services from the attorney general for nongeneral funded 
  5.10  activities shall reimburse the full cost of those services to 
  5.11  the general fund based on periodic billings prepared by the 
  5.12  attorney general.  Payment must be made to the attorney general 
  5.13  for deposit to the general fund as a nondedicated receipt.  The 
  5.14  attorney general, in consultation with the commissioner of 
  5.15  finance, shall develop reimbursement policies and procedures 
  5.16  related to legal services.  
  5.17     Sec. 11.  [10.55] [JUNETEENTH.] 
  5.18     June 19 is designated Juneteenth in recognition of the 
  5.19  historical pronouncement of the abolition of slavery on June 19, 
  5.20  1865, when the Emancipation Proclamation was said to have been 
  5.21  first publicly read in Texas.  The governor may take any action 
  5.22  necessary to promote and encourage the observance of Juneteenth 
  5.23  and public schools may offer instruction and programs on the 
  5.24  occasion. 
  5.25     Sec. 12.  [14.045] [AGENCIES; LIMITS ON PENALTIES.] 
  5.26     Subdivision 1.  [LIMIT ON PENALTIES.] An agency may not, 
  5.27  under authority of rule, levy a total fine or penalty of more 
  5.28  than $700 for a single violation unless the agency has specific 
  5.29  statutory authority to levy a fine in excess of that amount. 
  5.30     Subd. 2.  [CRIMINAL PENALTY.] An agency may not, by rule, 
  5.31  establish a criminal penalty unless the agency has specific 
  5.32  statutory authority to do so. 
  5.33     Subd. 3.  [FACTORS.] (a) If a statute or rule gives an 
  5.34  agency discretion over the amount of a fine, the agency must 
  5.35  take the following factors into account in determining the 
  5.36  amount of the fine: 
  6.1      (1) the willfulness of the violation; 
  6.2      (2) the gravity of the violation, including damage to 
  6.3   humans, animals, and the natural resources of the state; 
  6.4      (3) the history of past violations; 
  6.5      (4) the number of violations; 
  6.6      (5) the economic benefit gained by the person by allowing 
  6.7   or committing the violation; and 
  6.8      (6) other factors that justice may require. 
  6.9      (b) For a violation after an initial violation, the 
  6.10  following factors must be considered in addition to the factors 
  6.11  in paragraph (a): 
  6.12     (1) similarity of previous violations to the current 
  6.13  violation to be penalized; 
  6.14     (2) time elapsed since the last violation; 
  6.15     (3) number of previous violations; and 
  6.16     (4) response of the person to the most recent previous 
  6.17  violation identified. 
  6.18     Subd. 4.  [EFFECT ON OTHER LAW.] This section does not 
  6.19  affect the right of an agency to deny a permit, revoke a 
  6.20  license, or take similar action, other than the imposition of a 
  6.21  fine, even if the cost of the denial, revocation, or other 
  6.22  action to the affected party exceeds $700. 
  6.23     Subd. 5.  [EFFECTIVE DATE.] This section applies only to 
  6.24  fines and penalties imposed under rules for which notice of 
  6.25  intent to adopt rules is published after the effective date of 
  6.26  this section. 
  6.27     Sec. 13.  Minnesota Statutes 1994, section 16A.11, 
  6.28  subdivision 1, is amended to read: 
  6.29     Subdivision 1.  [WHEN.] The governor shall submit a 
  6.30  ~~three-part~~ four-part budget to the legislature.  Parts one and 
  6.31  two, the budget message and detailed operating budget, must be 
  6.32  submitted by the fourth Tuesday in January in each odd-numbered 
  6.33  year.  Part three, the detailed recommendations as to capital 
  6.34  expenditure, must be submitted as follows:  agency capital 
  6.35  budget requests by June 15 of each odd-numbered year; 
  6.36  preliminary governor's recommendations by September 1 of each 
  7.1   odd-numbered year; and final recommendations by February 1 of 
  7.2   each even-numbered year.  Part four, the detailed 
  7.3   recommendations as to information technology expenditure, must 
  7.4   be submitted at the same time the governor submits the budget 
  7.5   message to the legislature. 
  7.6      Sec. 14.  Minnesota Statutes 1994, section 16A.11, is 
  7.7   amended by adding a subdivision to read: 
  7.8      Subd. 3b.  [PART FOUR; DETAILED INFORMATION TECHNOLOGY 
  7.9   BUDGET.] The detailed information technology budget must include 
  7.10  recommendations for information technology projects to be funded 
  7.11  during the next biennium and planning estimates for an 
  7.12  additional two biennia.  It must be submitted with projects 
  7.13  ranked in order of importance among all projects as determined 
  7.14  by the governor. 
  7.15     Sec. 15.  [16B.94] [PRICE CONTRACT FOR PRESCRIPTION DRUGS.] 
  7.16     The commissioner shall negotiate prescription drug price 
  7.17  contracts for individuals who do not have any third party pay 
  7.18  plans for prescription drugs.  The commissioner shall develop 
  7.19  and implement a program to pass these discount drug prices on to 
  7.20  the individuals.  Participation by individuals and pharmacies is 
  7.21  voluntary.  For purposes of this section, "prescription drug" 
  7.22  means a drug as defined in Minnesota Statutes, section 151.44, 
  7.23  paragraph (d).  The commissioner may charge administrative fees 
  7.24  to program participants.  Fee revenues are appropriated to the 
  7.25  commissioner for purposes of administering the program. 
  7.26     Sec. 16.  Minnesota Statutes 1995 Supplement, section 
  7.27  16D.02, subdivision 8, is amended to read: 
  7.28     Subd. 8.  [ENTERPRISE.] "Enterprise" means the Minnesota 
  7.29  collection enterprise, a ~~separate~~ unit of government established 
  7.30  to carry out the provisions of this chapter, ~~pursuant to~~ under 
  7.31  the ~~commissioner's~~ authority ~~to contract with~~ of the 
  7.32  commissioner of revenue ~~for collection services under section~~ 
  7.33  ~~16D.04, subdivision 1~~. 
  7.34     Sec. 17.  Minnesota Statutes 1994, section 16D.03, 
  7.35  subdivision 2, is amended to read: 
  7.36     Subd. 2.  [STATE AGENCY REPORTS.] State agencies shall 
  8.1   report quarterly to the commissioner the debts owed to them.  
  8.2   The commissioner, in consultation with the commissioners of 
  8.3   revenue and human services, and the attorney general, shall 
  8.4   establish internal guidelines for the recognition, tracking, 
  8.5   reporting, and collection of debts owed the state.  The internal 
  8.6   guidelines must include accounting standards, performance 
  8.7   measurements, and uniform reporting requirements applicable to 
  8.8   all state agencies.  The commissioner shall require a state 
  8.9   agency to recognize, track, report, and attempt to collect debts 
  8.10  according to the internal guidelines. 
  8.11     Sec. 18.  Minnesota Statutes 1994, section 16D.04, as 
  8.12  amended by Laws 1995, chapter 254, article 5, sections 5 and 6, 
  8.13  is amended to read: 
  8.14     16D.04 [COLLECTION ACTIVITIES.] 
  8.15     Subdivision 1.  [RESPONSIBILITY.] The commissioner of 
  8.16  revenue shall supervise and operate the enterprise in all debt 
  8.17  collection activity. 
  8.18     Subd. 1a.  [DUTIES.] The ~~commissioner~~ enterprise shall 
  8.19  provide services to the state and its agencies to collect debts 
  8.20  owed the state.  The ~~commissioner~~ enterprise is not a collection 
  8.21  agency as defined by section 332.31, subdivision 3, and is not 
  8.22  licensed, bonded, or regulated by the commissioner of commerce 
  8.23  under sections 332.31 to 332.35 or 332.38 to 332.45.  
  8.24  The ~~commissioner~~ enterprise is subject to section 332.37, except 
  8.25  clause (9) or (10).  ~~The commissioner may contract with the~~ 
  8.26  ~~commissioner of revenue for collection services, and may~~ 
  8.27  ~~delegate to the commissioner of revenue any of the~~ 
  8.28  ~~commissioner's duties and powers under this chapter.~~  Debts 
  8.29  referred to the commissioner of revenue for collection 
  8.30  under ~~this section or~~ section 256.9792 may in turn be referred 
  8.31  by the commissioner of revenue to the enterprise.  An audited 
  8.32  financial statement may not be required as a condition of debt 
  8.33  placement with a private agency if the private agency:  (1) has 
  8.34  errors and omissions coverage under a professional liability 
  8.35  policy in an amount of at least $1,000,000; or (2) has a 
  8.36  fidelity bond to cover actions of its employees, in an amount of 
  9.1   at least $100,000.  In cases of debts referred under section 
  9.2   256.9792, the provisions of this chapter and section 256.9792 
  9.3   apply to the extent they are not in conflict.  If they are in 
  9.4   conflict, the provisions of section 256.9792 control.  For 
  9.5   purposes of this chapter, the referring agency for such debts 
  9.6   remains the department of human services. 
  9.7      Subd. 2.  [AGENCY PARTICIPATION.] A state agency may, at 
  9.8   its option, refer debts to the ~~commissioner~~ enterprise for 
  9.9   collection.  The ultimate responsibility for the debt, including 
  9.10  the reporting of the debt to the commissioner and the decision 
  9.11  with regard to the continuing collection and uncollectibility of 
  9.12  the debt, remains with the referring state agency. 
  9.13     Subd. 3.  [SERVICES.] The ~~commissioner~~ enterprise shall 
  9.14  provide collection services for a state agency, and may provide 
  9.15  for collection services for a court, in accordance with the 
  9.16  terms and conditions of a signed debt qualification plan.  
  9.17     Subd. 4.  [AUTHORITY TO CONTRACT.] The commissioner and the 
  9.18  enterprise may contract with credit bureaus, private collection 
  9.19  agencies, and other entities as necessary for the collection of 
  9.20  debts.  A private collection agency acting under a contract with 
  9.21  the commissioner or the enterprise is subject to sections 332.31 
  9.22  to 332.45, except that the private collection agency may 
  9.23  indicate that it is acting under a contract with the 
  9.24  commissioner or the enterprise.  The commissioner and the 
  9.25  enterprise may not delegate the powers provided under section 
  9.26  16D.08 to any nongovernmental entity. 
  9.27     Sec. 19.  Minnesota Statutes 1994, section 16D.05, is 
  9.28  amended to read: 
  9.29     16D.05 [PRIORITY OF SATISFACTION OF DEBTS.] 
  9.30     Subdivision 1.  [MULTIPLE DEBTS.] If two or more debts owed 
  9.31  by the same debtor are submitted to the ~~commissioner~~ enterprise, 
  9.32  amounts collected on those debts must be applied as prescribed 
  9.33  in this section.  
  9.34     Subd. 2.  [ENFORCEMENT OF LIENS.] If the money received is 
  9.35  collected on a judgment lien under chapter 550, a lien provided 
  9.36  by chapter 514, a consensual lien or security interest, 
 10.1   protection of an interest in property through chapter 570, by 
 10.2   collection process provided by chapters 551 and 571, or by any 
 10.3   other process by which the ~~commissioner~~ enterprise is enforcing 
 10.4   rights in a particular debt, the money must be applied to that 
 10.5   particular debt.  
 10.6      Subd. 3.  [OTHER METHODS OF COLLECTION.] If the money is 
 10.7   collected in any manner not specified in subdivision 2, the 
 10.8   money collected must apply first to the satisfaction of any 
 10.9   debts for child support.  Any debts other than child support 
 10.10  must be satisfied in the order in time in which the ~~commissioner~~ 
 10.11  enterprise received the debts from the referring agency. 
 10.12     Sec. 20.  Minnesota Statutes 1995 Supplement, section 
 10.13  16D.06, is amended to read: 
 10.14     16D.06 [DEBTOR INFORMATION.] 
 10.15     Subdivision 1.  [ACCESS TO GOVERNMENT DATA NOT PUBLIC.] 
 10.16  Notwithstanding chapter 13 or any other state law classifying or 
 10.17  restricting access to government data, upon request from the 
 10.18  ~~commissioner~~ enterprise or the attorney general, state agencies, 
 10.19  political subdivisions, and statewide systems shall disseminate 
 10.20  not public data to the ~~commissioner~~ enterprise or the attorney 
 10.21  general for the sole purpose of collecting debt.  Not public 
 10.22  data disseminated under this subdivision is limited to financial 
 10.23  data of the debtor or data related to the location of the debtor 
 10.24  or the assets of the debtor. 
 10.25     Subd. 2.  [DISCLOSURE OF DATA.] Data received, collected, 
 10.26  created, or maintained by the ~~commissioner~~ enterprise or the 
 10.27  attorney general to collect debts are classified as private data 
 10.28  on individuals under section 13.02, subdivision 12, or nonpublic 
 10.29  data under section 13.02, subdivision 9.  The ~~commissioner~~ 
 10.30  enterprise or the attorney general may disclose not public data: 
 10.31     (1) under section 13.05; 
 10.32     (2) under court order; 
 10.33     (3) under a statute specifically authorizing access to the 
 10.34  not public data; 
 10.35     (4) to provide notices required or permitted by statute; 
 10.36     (5) to an agent of the ~~commissioner~~ enterprise or the 
 11.1   attorney general, including a law enforcement person, attorney, 
 11.2   or investigator acting for the ~~commissioner~~ enterprise or the 
 11.3   attorney general in the investigation or prosecution of a 
 11.4   criminal or civil proceeding relating to collection of a debt; 
 11.5      (6) to report names of debtors, amount of debt, date of 
 11.6   debt, and the agency to whom debt is owed to credit bureaus and 
 11.7   private collection agencies under contract with the ~~commissioner~~ 
 11.8   enterprise; 
 11.9      (7) when necessary to locate the debtor, locate the assets 
 11.10  of the debtor, or to enforce or implement the collection of a 
 11.11  debt; and 
 11.12     (8) to the commissioner of revenue for tax administration 
 11.13  purposes. 
 11.14     The ~~commissioner~~ enterprise and the attorney general may 
 11.15  not disclose data that is not public to a private collection 
 11.16  agency or other entity with whom the ~~commissioner~~ enterprise has 
 11.17  contracted under section 16D.04, subdivision 4, unless 
 11.18  disclosure is otherwise authorized by law. 
 11.19     Sec. 21.  Minnesota Statutes 1994, section 16D.07, is 
 11.20  amended to read: 
 11.21     16D.07 [NOTICE TO DEBTOR.] 
 11.22     The referring agency shall send notice to the debtor by 
 11.23  United States mail or personal delivery at the debtor's last 
 11.24  known address at least 20 days before the debt is referred to 
 11.25  the ~~commissioner~~ enterprise.  The notice must state the nature 
 11.26  and amount of the debt, identify to whom the debt is owed, and 
 11.27  inform the debtor of the remedies available under this chapter. 
 11.28     Sec. 22.  Minnesota Statutes 1994, section 16D.08, as 
 11.29  amended by Laws 1995, chapter 254, article 5, section 8, is 
 11.30  amended to read: 
 11.31     16D.08 [COLLECTION DUTIES AND POWERS.] 
 11.32     Subdivision 1.  [DUTIES.] The ~~commissioner~~ enterprise shall 
 11.33  take all reasonable and cost-effective actions to collect debts 
 11.34  referred to the ~~commissioner~~ enterprise. 
 11.35     Subd. 2.  [POWERS.] In addition to the collection remedies 
 11.36  available to private collection agencies in this state, 
 12.1   the ~~commissioner~~ enterprise, with legal assistance from the 
 12.2   attorney general, may utilize any statutory authority granted to 
 12.3   a referring agency for purposes of collecting debt owed to that 
 12.4   referring agency.  The ~~commissioner~~ enterprise may also use the 
 12.5   tax collection remedies of the commissioner of revenue in 
 12.6   sections 270.06, clauses (7) and (17), excluding the power to 
 12.7   subpoena witnesses; 270.66; 270.69, excluding subdivisions 7 and 
 12.8   13; 270.70, excluding subdivision 14; 270.7001 to 270.72; and 
 12.9   290.92, subdivision 23, except that a continuous wage levy under 
 12.10  section 290.92, subdivision 23, is only effective for 70 days, 
 12.11  unless no competing wage garnishments, executions, or levies are 
 12.12  served within the 70-day period, in which case a wage levy is 
 12.13  continuous until a competing garnishment, execution, or levy is 
 12.14  served in the second or a succeeding 70-day period, in which 
 12.15  case a continuous wage levy is effective for the remainder of 
 12.16  that period.  A debtor who qualifies for cancellation of the 
 12.17  collection penalty under section 16D.11, subdivision 3, clause 
 12.18  (1), can apply to the commissioner of revenue for reduction or 
 12.19  release of a continuous wage levy, if the debtor establishes 
 12.20  that the debtor needs all or a portion of the wages being levied 
 12.21  upon to pay for essential living expenses, such as food, 
 12.22  clothing, shelter, medical care, or expenses necessary for 
 12.23  maintaining employment.  The commissioner's determination not to 
 12.24  reduce or release a continuous wage levy is appealable to 
 12.25  district court.  The word "tax" or "taxes" when used in the tax 
 12.26  collection statutes listed in this subdivision also means debts 
 12.27  referred under this chapter.  For debts other than state taxes 
 12.28  or child support, before any of the tax collection remedies 
 12.29  listed in this subdivision can be used, except for the remedies 
 12.30  in section 270.06, clauses (7) and (17), if the referring agency 
 12.31  has not already obtained a judgment or filed a lien, 
 12.32  the ~~commissioner~~ enterprise must first obtain a judgment against 
 12.33  the debtor.  
 12.34     Sec. 23.  Minnesota Statutes 1994, section 16D.10, is 
 12.35  amended to read: 
 12.36     16D.10 [CASE REVIEWER.] 
 13.1      The ~~commissioner~~ enterprise shall make a case reviewer 
 13.2   available to debtors.  The reviewer must be available to answer 
 13.3   a debtor's questions concerning the collection process and to 
 13.4   review the collection activity taken.  If the reviewer 
 13.5   reasonably believes that the particular action being taken is 
 13.6   unreasonable or unfair, the reviewer may make recommendations to 
 13.7   the ~~commissioner~~ enterprise in regard to the collection action.  
 13.8      Sec. 24.  Minnesota Statutes 1995 Supplement, section 
 13.9   16D.11, subdivision 1, is amended to read: 
 13.10     Subdivision 1.  [IMPOSITION.] As determined by the 
 13.11  commissioner, a penalty shall be added to the debts referred to 
 13.12  the ~~commissioner~~ enterprise or private collection agency for 
 13.13  collection.  The penalty is collectible by the ~~commissioner~~ 
 13.14  enterprise or private agency from the debtor at the same time 
 13.15  and in the same manner as the referred debt.  The referring 
 13.16  agency shall advise the debtor of the penalty under this section 
 13.17  and the debtor's right to cancellation of the penalty under 
 13.18  subdivision 3 at the time the agency sends notice to the debtor 
 13.19  under section 16D.07.  If the ~~commissioner~~ enterprise or private 
 13.20  agency collects an amount less than the total due, the payment 
 13.21  is applied proportionally to the penalty and the underlying 
 13.22  debt.  Penalties collected by the ~~commissioner~~ enterprise under 
 13.23  this subdivision or retained under subdivision 6 shall be 
 13.24  deposited in the general fund as nondedicated receipts.  
 13.25  Penalties collected by private agencies are appropriated to the 
 13.26  referring agency to pay the collection fees charged by the 
 13.27  private agency.  Penalty collections in excess of collection 
 13.28  agency fees must be deposited in the general fund as 
 13.29  nondedicated receipts.  
 13.30     Sec. 25.  Minnesota Statutes 1995 Supplement, section 
 13.31  16D.11, subdivision 2, is amended to read: 
 13.32     Subd. 2.  [COMPUTATION.] Beginning July 1, 1995, at the 
 13.33  time a debt is referred, the amount of the penalty is equal to 
 13.34  15 percent of the debt, or 25 percent of the debt remaining 
 13.35  unpaid if the ~~commissioner~~ enterprise or private collection 
 13.36  agency has to take enforced collection action by serving a 
 14.1   summons and complaint on or entering judgment against the 
 14.2   debtor, or by utilizing any of the remedies authorized under 
 14.3   section 16D.08, subdivision 2, except for the remedies in 
 14.4   sections 270.06, clause (7), and 270.66 or when referred by 
 14.5   the ~~commissioner~~ enterprise for additional collection activity 
 14.6   by a private collection agency.  If, after referral of a debt to 
 14.7   a private collection agency, the debtor requests cancellation of 
 14.8   the penalty under subdivision 3, the debt must be returned to 
 14.9   the ~~commissioner~~ enterprise for resolution of the request. 
 14.10     Sec. 26.  Minnesota Statutes 1995 Supplement, section 
 14.11  16D.11, subdivision 4, is amended to read: 
 14.12     Subd. 4.  [APPEAL.] Decisions of the commissioner of 
 14.13  revenue denying an application to cancel the penalty under 
 14.14  subdivision 3 are subject to the contested case procedure under 
 14.15  chapter 14. 
 14.16     Sec. 27.  Minnesota Statutes 1995 Supplement, section 
 14.17  16D.11, subdivision 5, is amended to read: 
 14.18     Subd. 5.  [REFUND.] If a penalty is collected and then 
 14.19  canceled, the amount of the penalty shall be refunded to the 
 14.20  debtor within 30 days.  The amount necessary to pay the refunds 
 14.21  is annually appropriated to the ~~commissioner~~ enterprise. 
 14.22     Sec. 28.  Minnesota Statutes 1995 Supplement, section 
 14.23  16D.11, subdivision 6, is amended to read: 
 14.24     Subd. 6.  [CHARGE TO REFERRING AGENCY.] If the penalty is 
 14.25  canceled under subdivision 3, an amount equal to the penalty is 
 14.26  retained by the ~~commissioner~~ enterprise from the debt collected, 
 14.27  and is accounted for and subject to the same provisions of this 
 14.28  chapter as if the penalty had been collected from the debtor. 
 14.29     Sec. 29.  Minnesota Statutes 1995 Supplement, section 
 14.30  16D.12, is amended to read: 
 14.31     16D.12 [PAYMENT OF COLLECTION AGENCY FEES.] 
 14.32     Unless otherwise expressly prohibited by law, a state 
 14.33  agency may pay for the services of ~~a state~~ the enterprise or 
 14.34  private collection agency from the money collected.  The portion 
 14.35  of the money collected which must be paid to the enterprise or 
 14.36  private collection agency as its collection fee is appropriated 
 15.1   from the fund to which the collected money is due. 
 15.2      Sec. 30.  Minnesota Statutes 1995 Supplement, section 
 15.3   16D.14, is amended to read: 
 15.4      16D.14 [VENUE.] 
 15.5      Subdivision 1.  [AUTHORIZATION.] The ~~commissioner~~ 
 15.6   enterprise or the attorney general may bring an action to 
 15.7   recover debts owed to the state in Ramsey county district court 
 15.8   or Ramsey county conciliation court at the discretion of the 
 15.9   state.  In order to bring a cause of action under this section 
 15.10  in any county other than the county where the debtor resides or 
 15.11  where the cause of action arose, the ~~commissioner~~ enterprise or 
 15.12  the attorney general must notify the debtor as provided in 
 15.13  subdivisions 2 to 4, unless that venue is authorized by other 
 15.14  law. 
 15.15     Subd. 2.  [CONCILIATION COURT; CLAIMS FOR $2,500 OR LESS.] 
 15.16  (a) Before bringing a conciliation court action for a claim for 
 15.17  $2,500 or less under this section in any county other than where 
 15.18  the debtor resides or where the cause of action arose, the 
 15.19  ~~commissioner~~ enterprise or the attorney general shall send a 
 15.20  form by first class mail to the debtor's last known address 
 15.21  notifying the debtor of the intent to bring an action in Ramsey 
 15.22  county.  The ~~commissioner~~ enterprise or attorney general must 
 15.23  enclose a form for the debtor to use to request that the action 
 15.24  not be brought in Ramsey county and a self-addressed, postage 
 15.25  paid envelope.  The form must advise the debtor of the right to 
 15.26  request that the action not be brought in Ramsey county and that 
 15.27  the debtor has 30 days from the date of the form to make this 
 15.28  request. 
 15.29     (b) If the debtor timely returns the form requesting the 
 15.30  action not be brought in Ramsey county, the ~~commissioner~~ 
 15.31  enterprise or attorney general may only file the action in the 
 15.32  county of the debtor's residence, the county where the cause of 
 15.33  action arose, or as provided by other law.  The ~~commissioner~~ 
 15.34  enterprise or attorney general shall notify the debtor of the 
 15.35  action taken.  If the debtor does not timely return the form, 
 15.36  venue is as chosen by the ~~commissioner~~ enterprise or attorney 
 16.1   general as authorized under this section. 
 16.2      (c) If a judgment is obtained in Ramsey county conciliation 
 16.3   court when the form was sent by first class mail under this 
 16.4   subdivision and the debtor reasonably demonstrates that the 
 16.5   debtor did not reside at the address where the form was sent or 
 16.6   that the debtor did not receive the form, the ~~commissioner~~ 
 16.7   enterprise or the attorney general shall vacate the judgment 
 16.8   without prejudice and return any funds collected as a result of 
 16.9   enforcement of the judgment.  Evidence of the debtor's correct 
 16.10  address include, but are not limited to, a driver's license, 
 16.11  homestead declaration, school registration, utility bills, or a 
 16.12  lease or rental agreement. 
 16.13     Subd. 3.  [CONCILIATION COURT CLAIMS EXCEEDING $2,500.] (a) 
 16.14  In order to bring a conciliation court claim that exceeds $2,500 
 16.15  under this section in a county other than where the debtor 
 16.16  resides or where the cause of action arose, the 
 16.17  ~~commissioner~~ enterprise or the attorney general shall serve with 
 16.18  the conciliation court claim a change of venue form for the 
 16.19  debtor to use to request that venue be changed and a 
 16.20  self-addressed, postage paid return envelope.  This form must 
 16.21  advise the debtor that the form must be returned within 30 days 
 16.22  of the date of service or venue will remain in Ramsey county. 
 16.23     (b) If the debtor timely returns the change of venue form 
 16.24  requesting a change of venue, the ~~commissioner~~ enterprise or 
 16.25  attorney general shall change the venue of the action to the 
 16.26  county of the debtor's residence, the county where the cause of 
 16.27  action arose, as provided by other law, or dismiss the action.  
 16.28  The ~~commissioner~~ enterprise or attorney general must notify the 
 16.29  debtor of the action taken.  If the debtor does not timely 
 16.30  return the form, venue is as chosen by the ~~commissioner~~ 
 16.31  enterprise or attorney general as authorized under this 
 16.32  section.  The ~~commissioner~~ enterprise or the attorney general 
 16.33  shall file the signed return receipt card or the proof of 
 16.34  service with the court. 
 16.35     Subd. 4.  [DISTRICT COURT.] (a) In order to bring a 
 16.36  district court action under this section in any county other 
 17.1   than where the debtor resides or where the cause of action 
 17.2   arose, the ~~commissioner~~ enterprise or attorney general shall 
 17.3   serve the change of venue form with the summons and complaint or 
 17.4   petition commencing the collection action.  Two copies of the 
 17.5   form must be served along with a self-addressed, postage paid 
 17.6   return envelope.  The form must advise the debtor that the form 
 17.7   must be returned within 20 days of the date of service or venue 
 17.8   will remain in Ramsey county.  If the debtor timely returns the 
 17.9   change of venue form, the time to answer the summons and 
 17.10  complaint or petition runs from the date of debtor's request for 
 17.11  change of venue. 
 17.12     (b) If the debtor timely returns the change of venue form 
 17.13  requesting that the action not be brought in Ramsey county, the 
 17.14  ~~commissioner~~ enterprise or attorney general shall change the 
 17.15  venue of the action to the county of the debtor's residence, the 
 17.16  county where the cause of action arose, as provided by other 
 17.17  law, or dismiss the action.  The ~~commissioner~~ enterprise or 
 17.18  attorney general shall notify the debtor of the action taken.  
 17.19  If the debtor is served the form to change venue along with the 
 17.20  district court summons and complaint or petition, in accordance 
 17.21  with court rules, but does not return the form within the 
 17.22  statutory timelines, venue is as chosen by the ~~commissioner~~ 
 17.23  enterprise or attorney general as authorized under this 
 17.24  section.  The ~~commissioner~~ enterprise or attorney general shall 
 17.25  file the proof of service along with the summons and complaint 
 17.26  or petition commencing the lawsuit. 
 17.27     Subd. 5.  [FEES.] No court filing fees, docketing fees, or 
 17.28  release of judgment fees may be assessed against the state for 
 17.29  collection actions filed under this chapter. 
 17.30     Sec. 31.  Minnesota Statutes 1995 Supplement, section 
 17.31  16D.16, is amended to read: 
 17.32     16D.16 [SETOFFS.] 
 17.33     Subdivision 1.  [AUTHORIZATION.] The ~~commissioner~~ 
 17.34  enterprise or a state agency may automatically deduct the amount 
 17.35  of a debt owed to the state from any state payment due to the 
 17.36  debtor, except tax refunds, earned income tax credit, child care 
 18.1   tax credit, prejudgment debts of $5,000 or less, funds exempt 
 18.2   under section 550.37, or funds owed an individual who receives 
 18.3   assistance under the provisions of chapter 256 are not subject 
 18.4   to setoff under this chapter.  If a debtor has entered into a 
 18.5   written payment plan with respect to payment of a specified 
 18.6   debt, the right of setoff may not be used to satisfy that debt.  
 18.7   Notwithstanding section 181.79, the state may deduct from the 
 18.8   wages due or earned by a state employee to collect a debt, 
 18.9   subject to the limitations in section 571.922. 
 18.10     Subd. 2.  [NOTICE AND HEARING.] Before setoff, the 
 18.11  ~~commissioner~~ enterprise or state agency shall mail written 
 18.12  notice by certified mail to the debtor, addressed to the 
 18.13  debtor's last known address, that the ~~commissioner~~ enterprise or 
 18.14  state agency intends to set off a debt owed to the state by the 
 18.15  debtor against future payments due the debtor from the state.  
 18.16  For debts owed to the state that have not been reduced to 
 18.17  judgment, if no opportunity to be heard or administrative appeal 
 18.18  process has yet been made available to the debtor to contest the 
 18.19  validity or accuracy of the debt, before setoff for a 
 18.20  prejudgment debt, the notice to the debtor must advise that the 
 18.21  debtor has a right to make a written request for a contested 
 18.22  case hearing on the validity of the debt or the right to 
 18.23  setoff.  The debtor has 30 days from the date of that notice to 
 18.24  make a written request for a contested case hearing to contest 
 18.25  the validity of the debt or the right to setoff.  The debtor's 
 18.26  request must state the debtor's reasons for contesting the debt 
 18.27  or the right to setoff.  If the ~~commissioner~~ enterprise or state 
 18.28  agency desires to pursue the right to setoff following receipt 
 18.29  of the debtor's request for a hearing, the ~~commissioner~~ 
 18.30  enterprise or state agency shall schedule a contested case 
 18.31  hearing within 30 days of the receipt of the request for the 
 18.32  hearing.  If the ~~commissioner~~ enterprise or state agency decides 
 18.33  not to pursue the right to setoff, the debtor must be notified 
 18.34  of that decision. 
 18.35     Sec. 32.  Minnesota Statutes 1994, section 69.021, 
 18.36  subdivision 4, is amended to read: 
 19.1      Subd. 4.  [DETERMINATION OF QUALIFIED STATE AID RECIPIENTS; 
 19.2   CERTIFICATION TO COMMISSIONER OF REVENUE.] The commissioner 
 19.3   shall determine which municipalities and independent nonprofit 
 19.4   firefighting corporations are qualified to receive fire state 
 19.5   aid and which municipalities and counties are qualified to 
 19.6   receive state peace officer aid.  The commissioner shall 
 19.7   determine qualification upon receipt of (1) the fire department 
 19.8   personnel and equipment certification or the police department 
 19.9   and qualified peace officers certificate, whichever is 
 19.10  applicable, required under section 69.011, (2) the financial 
 19.11  compliance report required under section 6.495, and (3) any 
 19.12  other relevant information which comes to the attention of the 
 19.13  commissioner.  Upon completion of the determination, on or 
 19.14  before ~~September~~ October 1, the commissioner shall calculate 
 19.15  under subdivision 6 the amount of (a) state peace officer aid 
 19.16  which each county or municipality is to receive and (b) fire 
 19.17  state aid which each municipality or nonprofit firefighting 
 19.18  corporation is to receive.  The commissioner shall certify to 
 19.19  the commissioner of finance the name of each county or 
 19.20  municipality, and the amount of state aid which each county or 
 19.21  municipality is to receive, in the case of state peace officer 
 19.22  aid; and the name of each municipality or independent nonprofit 
 19.23  firefighting corporation and the amount of state aid which each 
 19.24  municipality or independent nonprofit firefighting corporation 
 19.25  is to receive, in the case of fire state aid. 
 19.26     Sec. 33.  Minnesota Statutes 1994, section 69.021, is 
 19.27  amended by adding a subdivision to read: 
 19.28     Subd. 10.  [REDUCTION.] The commissioner of revenue shall 
 19.29  reduce the apportionment of police state aid under subdivisions 
 19.30  5, paragraph (b), 6, and 7, for eligible employer units by any 
 19.31  amount in excess of the employer's total prior calendar year 
 19.32  obligation under section 353.65, as certified by the executive 
 19.33  director of the public employees retirement association.  The 
 19.34  total shall be deposited in a separate excess police state-aid 
 19.35  account in the general fund, administered and distributed as 
 19.36  provided in subdivision 11. 
 20.1      Sec. 34.  Minnesota Statutes 1994, section 69.021, is 
 20.2   amended by adding a subdivision to read: 
 20.3      Subd. 11.  [EXCESS POLICE STATE-AID HOLDING ACCOUNT.] (a) 
 20.4   An excess police state-aid holding account is established in the 
 20.5   general fund. 
 20.6      (b) Excess police state aid determined according to section 
 20.7   69.031, subdivision 5, paragraphs (2), clauses (b) and (c), and 
 20.8   (3), must be deposited in the excess police state-aid holding 
 20.9   account. 
 20.10     (c) From the balance in the excess police state-aid holding 
 20.11  account, $1,000,000 must be transferred annually to the 
 20.12  ambulance service personnel longevity award and incentive 
 20.13  suspense account established by section 144C.03, subdivision 2. 
 20.14     (d) If a police officer stress reduction program is created 
 20.15  by law and money is appropriated for that program, an amount 
 20.16  equal to that appropriation must be transferred from the balance 
 20.17  in the excess police state-aid holding account. 
 20.18     (e) On October 1, 1997, and annually on each October 1, 
 20.19  one-half of the balance of the excess police state-aid holding 
 20.20  account remaining after deductions under paragraphs (c) and (d) 
 20.21  must be allocated as additional amortization aid under section 
 20.22  423A.02, subdivision 1b. 
 20.23     (f) The remaining balance in the excess police state-aid 
 20.24  holding account, after the deductions under paragraphs (c), (d), 
 20.25  and (e), cancels to the general fund. 
 20.26     Sec. 35.  Minnesota Statutes 1994, section 69.031, 
 20.27  subdivision 1, is amended to read: 
 20.28     Subdivision 1.  [COMMISSIONER OF FINANCE'S WARRANT.] The 
 20.29  commissioner of finance shall issue to the county, municipality, 
 20.30  or independent nonprofit firefighting corporation certified to 
 20.31  the commissioner of finance by the commissioner a warrant for an 
 20.32  amount equal to the amount certified to by the commissioner 
 20.33  pursuant to section 69.021.  The amount due and not paid 
 20.34  by ~~September~~ October 1 accrues interest at the rate of one 
 20.35  percent for each month or part of a month the amount remains 
 20.36  unpaid, beginning the preceding July 1. 
 21.1      Sec. 36.  Minnesota Statutes 1994, section 69.031, 
 21.2   subdivision 5, is amended to read: 
 21.3      Subd. 5.  [DEPOSIT OF STATE AID.] (1) The municipal 
 21.4   treasurer, on receiving the fire state aid, shall within 30 days 
 21.5   after receipt transmit it to the treasurer of the duly 
 21.6   incorporated firefighters' relief association if there is one 
 21.7   organized and the association has filed a financial report with 
 21.8   the municipality; but if there is no relief association 
 21.9   organized, or if any association dissolve, be removed, or has 
 21.10  heretofore dissolved, or has been removed as trustees of state 
 21.11  aid, then the treasurer of the municipality shall keep the money 
 21.12  in the municipal treasury as provided for in section 424A.08 and 
 21.13  shall be disbursed only for the purposes and in the manner set 
 21.14  forth in that section.  
 21.15     (2) The municipal treasurer, upon receipt of the police 
 21.16  state aid, shall disburse the police state aid in the following 
 21.17  manner: 
 21.18     (a) For a municipality in which a local police relief 
 21.19  association exists and all peace officers are members of the 
 21.20  association, the total state aid shall be transmitted to the 
 21.21  treasurer of the relief association within 30 days of the date 
 21.22  of receipt, and the treasurer of the relief association shall 
 21.23  immediately deposit the total state aid in the special fund of 
 21.24  the relief association; 
 21.25     (b) For a municipality in which police retirement coverage 
 21.26  is provided by the public employees police and fire fund and all 
 21.27  peace officers are members of the fund, the total state aid 
 21.28  shall be applied toward the municipality's employer contribution 
 21.29  to the public employees police and fire fund pursuant to section 
 21.30  353.65, subdivision 3~~, and any state aid in excess of the amount~~ 
 21.31  ~~required to meet the employer's contribution pursuant to section~~ 
 21.32  ~~353.65, subdivision 3, shall be deposited in the excess~~ 
 21.33  ~~contributions holding account of the public employees retirement~~ 
 21.34  ~~association~~; or 
 21.35     (c) For a municipality other than a city of the first class 
 21.36  with a population of more than 300,000 in which both a police 
 22.1   relief association exists and police retirement coverage is 
 22.2   provided in part by the public employees police and fire fund, 
 22.3   the municipality may elect at its option to transmit the total 
 22.4   state aid to the treasurer of the relief association as provided 
 22.5   in clause (a), to use the total state aid to apply toward the 
 22.6   municipality's employer contribution to the public employees 
 22.7   police and fire fund subject to all the provisions set forth in 
 22.8   clause (b), or to allot the total state aid proportionately to 
 22.9   be transmitted to the police relief association as provided in 
 22.10  this subdivision and to apply toward the municipality's employer 
 22.11  contribution to the public employees police and fire fund 
 22.12  subject to the provisions of clause (b) on the basis of the 
 22.13  respective number of active full-time peace officers, as defined 
 22.14  in section 69.011, subdivision 1, clause (g). 
 22.15     For a city of the first class with a population of more 
 22.16  than 300,000, in addition, the city may elect to allot the 
 22.17  appropriate portion of the total police state aid to apply 
 22.18  toward the employer contribution of the city to the public 
 22.19  employees police and fire fund based on the covered salary of 
 22.20  police officers covered by the fund each payroll period and to 
 22.21  transmit the balance to the police relief association. 
 22.22     (3) The county treasurer, upon receipt of the police state 
 22.23  aid for the county, shall apply the total state aid toward the 
 22.24  county's employer contribution to the public employees police 
 22.25  and fire fund pursuant to section 353.65, subdivision 3~~, and any~~ 
 22.26  ~~state aid in excess of the amount required to meet the~~ 
 22.27  ~~employer's contribution pursuant to section 353.65, subdivision~~ 
 22.28  ~~3, shall be deposited in the excess contributions holding~~ 
 22.29  ~~account of the public employees retirement association~~. 
 22.30     (4) The designated metropolitan airports commission 
 22.31  official, upon receipt of the police state aid for the 
 22.32  metropolitan airports commission, shall apply the total police 
 22.33  state aid toward the commission's employer contribution to the 
 22.34  Minneapolis employees retirement fund under section 422A.101, 
 22.35  subdivision 2a. 
 22.36     Sec. 37.  Minnesota Statutes 1994, section 116G.151, is 
 23.1   amended to read: 
 23.2      116G.151 [REQUIRED ENVIRONMENTAL ~~ASSESSMENT WORKSHEET~~ 
 23.3   IMPACT STATEMENT; FACILITIES IN MISSISSIPPI RIVER AREA.] 
 23.4      (a) Until completion of an environmental ~~assessment~~ 
 23.5   ~~worksheet~~ impact statement that complies with the rules of the 
 23.6   environmental quality board and this section, ~~a state or local~~ 
 23.7   ~~agency~~ no member agency of the environmental quality board may 
 23.8   ~~not~~ issue a permit for construction or operation of a metal 
 23.9   materials shredding project ~~with a processing capacity in excess~~ 
 23.10  ~~of 20,000 tons per month~~ that would be located in the 
 23.11  Mississippi river critical area, as described in section 
 23.12  116G.15, upstream from United States Corps of Engineers Lock and 
 23.13  Dam Number ~~One~~ Two. 
 23.14     (b) The pollution control agency is the responsible 
 23.15  governmental unit for the preparation of an environmental 
 23.16  ~~assessment worksheet~~ impact statement required under this 
 23.17  section.  
 23.18     (c) In addition to the contents required under law and 
 23.19  rule, an environmental ~~assessment worksheet~~ impact statement 
 23.20  completed under this section must also include the following 
 23.21  major categories: 
 23.22     (1) effects of operation of the project, including 
 23.23  vibrations and airborne particulates and dust, on the 
 23.24  Mississippi river; 
 23.25     (2) effects of operation of the project, including 
 23.26  vibrations and airborne particulates and dust, on adjacent 
 23.27  businesses and on residents and neighborhoods; 
 23.28     (3) effects of operation of the project on barge and street 
 23.29  traffic; 
 23.30     (4) discussion of alternative sites considered by the 
 23.31  project proposer for the proposed project, possible design 
 23.32  modifications including site layout, and the magnitude of the 
 23.33  project; 
 23.34     (5) mitigation measures that could eliminate or minimize 
 23.35  any adverse environmental effects of the proposed project; 
 23.36     (6) impact of the proposed project on the housing, park, 
 24.1   and recreational use of the river; 
 24.2      (7) effects of waste and implication of the disposal of 
 24.3   waste generated from the proposed project; 
 24.4      (8) effects on water quality from the project operations, 
 24.5   including wastewater generated from operations of the proposed 
 24.6   project; 
 24.7      (9) potential effects from fugitive emissions, fumes, dust, 
 24.8   noise, and vibrations from project operations; 
 24.9      (10) compatibility of the existing operation and proposed 
 24.10  operation with other existing uses; 
 24.11     (11) the report of the expert required by paragraph (g).  
 24.12     (d) In addition to the publication and distribution 
 24.13  provisions relating to environmental ~~assessment worksheets~~ 
 24.14  impact statements under law and rule, notice of 
 24.15  environmental ~~assessment worksheets~~ impact statements performed 
 24.16  by this section shall also be published in a newspaper of 
 24.17  general circulation as well as community newspapers in the 
 24.18  affected neighborhoods. 
 24.19     (e) A public meeting in the affected communities must be 
 24.20  held on the environmental ~~assessment worksheet~~ impact statement 
 24.21  prepared under this section.  After the public meeting on the 
 24.22  environmental ~~assessment worksheet~~ impact statement, there must 
 24.23  be an additional 30-day period for review and comment on the 
 24.24  environmental ~~assessment worksheet~~ impact statement. 
 24.25     (f) ~~If the pollution control agency determines that~~ 
 24.26  ~~information necessary to make a reasonable decision about~~ 
 24.27  ~~potential of significant environmental impacts is insufficient,~~ 
 24.28  ~~the agency shall make a positive declaration and proceed with an~~ 
 24.29  ~~environmental impact statement.~~ 
 24.30     ~~(g)~~ The pollution control agency shall retain an expert in 
 24.31  the field of toxicology who is capable of properly analyzing the 
 24.32  potential effects and content of any airborne particulates, 
 24.33  fugitive emissions, and dust that could be produced by a metal 
 24.34  materials shredding project.  The pollution control agency shall 
 24.35  obtain any existing reports or documents from a governmental 
 24.36  entity or project proposer that analyzes or evaluates the 
 25.1   potential hazards of airborne particulates, fugitive emissions, 
 25.2   or dust from the construction or operation of a metal materials 
 25.3   shredding project in preparing the environmental assessment 
 25.4   worksheet.  The agency and the expert shall prepare, as part of 
 25.5   the report, a risk assessment of the types of metals permitted 
 25.6   to be shredded as compared to the types of materials that are 
 25.7   likely to be processed at the facility.  In performing the risk 
 25.8   assessment, the agency and the expert must consider any actual 
 25.9   experience at similar facilities.  The report must be included 
 25.10  as part of the environmental ~~assessment worksheet~~ impact 
 25.11  statement.  
 25.12     ~~(h) If the pollution control agency determines that under~~ 
 25.13  ~~the rules of the environmental quality board an environmental~~ 
 25.14  ~~impact statement should be prepared, the pollution control~~ 
 25.15  ~~agency shall be the responsible governmental unit for~~ 
 25.16  ~~preparation of the environmental impact statement.~~ 
 25.17     Sec. 38.  [116G.152] [PROHIBITION.] 
 25.18     No member agency of the environmental quality board may 
 25.19  issue a permit for the construction, retrofitting, renovation, 
 25.20  or operation of a steam service facility capable of utilizing 
 25.21  coal or petroleum coke as its primary fuel source without prior 
 25.22  legislative approval, if the facility is located or will be 
 25.23  located within that portion of the Mississippi river critical 
 25.24  area established in section 116G.15 that is within the 
 25.25  boundaries of the city of Minneapolis. 
 25.26     Sec. 39.  Minnesota Statutes 1994, section 144C.03, 
 25.27  subdivision 2, is amended to read: 
 25.28     Subd. 2.  [TRUST ACCOUNT.] (a) There is established in the 
 25.29  general fund an ambulance service personnel longevity award and 
 25.30  incentive trust account and an ambulance service personnel 
 25.31  longevity award and incentive suspense account.  
 25.32     (b) The trust account must be credited with:  
 25.33     (1) general fund appropriations for that purpose; 
 25.34     (2) transfers from the ambulance service personnel 
 25.35  longevity award and incentive suspense account; and 
 25.36     (3) investment earnings on those accumulated proceeds.  The 
 26.1   assets and income of the trust account must be held and managed 
 26.2   by the commissioner of finance and the state board of investment 
 26.3   for the benefit of the state of Minnesota and its general 
 26.4   creditors. 
 26.5      (c) The suspense account must be credited with transfers 
 26.6   from the excess ~~contributions~~ police state-aid holding account 
 26.7   established in section ~~353.65, subdivision 7~~ 69.021, subdivision 
 26.8   11, any per-year-of-service allocation under section 144C.07, 
 26.9   subdivision 2, paragraph (c), that was not made for an 
 26.10  individual, and investment earnings on those accumulated 
 26.11  proceeds.  The suspense account must be managed by the 
 26.12  commissioner of finance and the state board of investment.  From 
 26.13  the suspense account to the trust account there must be 
 26.14  transferred to the ambulance service personnel longevity award 
 26.15  and incentive trust account, as the suspense account balance 
 26.16  permits, the following amounts: 
 26.17     (1) an amount equal to any general fund appropriation to 
 26.18  the ambulance service personnel longevity award and incentive 
 26.19  trust account for that fiscal year; and 
 26.20     (2) an amount equal to the percentage of the remaining 
 26.21  balance in the account after the deduction of the amount under 
 26.22  clause (1), as specified for the applicable fiscal year: 
 26.23            Fiscal year            Percentage  
 26.24              1995                    20  
 26.25              1996                    40 
 26.26              1997                    50 
 26.27              1998                    60 
 26.28              1999                    70 
 26.29              2000                    80 
 26.30              2001                    90 
 26.31              2002 and thereafter    100 
 26.32     Sec. 40.  Minnesota Statutes 1994, section 192.501, as 
 26.33  amended by Laws 1995, chapter 186, section 48, is amended to 
 26.34  read: 
 26.35     192.501 [FINANCIAL INCENTIVES FOR NATIONAL GUARD MEMBERS.] 
 26.36     ~~Subdivision 1.  [REENLISTMENT BONUS.] (a) The adjutant~~ 
 27.1   ~~general shall establish a program providing a reenlistment bonus~~ 
 27.2   ~~for members of the Minnesota national guard in accordance with~~ 
 27.3   ~~this section.  An active member of the Minnesota national guard~~ 
 27.4   ~~serving satisfactorily, as defined by the adjutant general,~~ 
 27.5   ~~shall be paid $250 per year for reenlisting in the Minnesota~~ 
 27.6   ~~national guard.~~ 
 27.7      ~~(b) A member must reenlist in the Minnesota national guard~~ 
 27.8   ~~for a minimum of three years.~~  
 27.9      ~~(c) A member is eligible for subsequent reenlistment~~ 
 27.10  ~~bonuses to the extent that total years of bonus eligibility are~~ 
 27.11  ~~limited to 12 years.~~  
 27.12     ~~(d) Bonus payments shall be paid in the month prior to the~~ 
 27.13  ~~anniversary of a member's current reenlistment.~~  
 27.14     ~~(e) A member electing to receive tuition assistance under~~ 
 27.15  ~~subdivision 2, shall forfeit the reenlistment bonus for the~~ 
 27.16  ~~years that the tuition assistance is provided.~~ 
 27.17     Subd. 1a.  [ENLISTMENT BONUS PROGRAM.] (a) The adjutant 
 27.18  general may establish within the limitations of this subdivision 
 27.19  a program to provide enlistment bonuses to eligible prospects 
 27.20  who become members of the Minnesota national guard. 
 27.21     (b) Eligibility for the bonus is limited to a candidate who:
 27.22     (1) has expertise, qualifications, or potential for 
 27.23  military service deemed by the adjutant general as sufficiently 
 27.24  important to the readiness of the national guard or a unit of 
 27.25  the national guard to warrant the payment of a bonus in an 
 27.26  amount to generally encourage the candidate's enlistment in the 
 27.27  national guard; 
 27.28     (2) joins the national guard as an enlisted member, as 
 27.29  defined in section 190.05, subdivision 6; and 
 27.30     (3) serves satisfactorily during the period of, and 
 27.31  completes, the person's initial entry training, if applicable. 
 27.32     The adjutant general may, within the limitations of this 
 27.33  paragraph and other applicable laws, determine additional 
 27.34  eligibility criteria for the bonus, and must specify all of the 
 27.35  criteria in regulations and publish changes as necessary. 
 27.36     (c) The enlistment bonus payments must be made on a 
 28.1   schedule that is determined and published in department 
 28.2   regulations by the adjutant general. 
 28.3      (d) If a member fails to complete a term of enlistment for 
 28.4   which a bonus was paid, the adjutant general may seek to recoup 
 28.5   a prorated amount of the bonus as determined by the adjutant 
 28.6   general. 
 28.7      Subd. 1b.  [REENLISTMENT BONUS PROGRAM.] (a) The adjutant 
 28.8   general may establish a program to provide a reenlistment bonus 
 28.9   to eligible members of the Minnesota national guard who extend 
 28.10  their enlistment in the national guard within the limitations of 
 28.11  this subdivision. 
 28.12     (b) Eligibility for the bonus is limited to an enlisted 
 28.13  member of the national guard, as defined in section 190.05, 
 28.14  subdivision 6, who: 
 28.15     (1) is serving satisfactorily as determined by the adjutant 
 28.16  general; 
 28.17     (2) has ten or fewer years of service creditable for 
 28.18  retirement; and 
 28.19     (3) has military training and expertise deemed by the 
 28.20  adjutant general as sufficiently important to the readiness of 
 28.21  the national guard or a unit of the national guard to warrant 
 28.22  the payment of a bonus in an amount to generally encourage the 
 28.23  member's reenlistment in the national guard. 
 28.24     The adjutant general may, within the limitations of this 
 28.25  paragraph and other applicable laws, determine additional 
 28.26  eligibility criteria for the bonus, and must specify all of the 
 28.27  criteria in regulations and publish changes as necessary. 
 28.28     (c) The reenlistment bonus payments must be made on a 
 28.29  schedule that is determined and published in department 
 28.30  regulations by the adjutant general. 
 28.31     (d) If a member fails to complete a term of reenlistment 
 28.32  for which a bonus was paid, the adjutant general may seek to 
 28.33  recoup a prorated amount of the bonus as determined by the 
 28.34  adjutant general. 
 28.35     Subd. 2.  [TUITION AND TEXTBOOK REIMBURSEMENT GRANT 
 28.36  PROGRAM.] (a) The adjutant general shall establish a 
 29.1   program ~~providing~~ to provide tuition and textbook reimbursement 
 29.2   ~~for~~ grants to eligible members of the Minnesota national 
 29.3   guard ~~in accordance with this section.  An active member of the~~ 
 29.4   ~~Minnesota national guard serving satisfactorily, as defined by~~ 
 29.5   ~~the adjutant general, shall be reimbursed for tuition paid to a~~ 
 29.6   ~~post-secondary education institution as defined by section~~ 
 29.7   ~~136A.15, subdivision 5, upon proof of satisfactory completion of~~ 
 29.8   ~~course work~~ within the limitations of this subdivision. 
 29.9      (b) ~~In the case of tuition paid to a public institution~~ 
 29.10  ~~located in Minnesota, including any vocational or technical~~ 
 29.11  ~~school, tuition is limited to an amount equal to 50 percent of~~ 
 29.12  ~~the cost of tuition at that public institution, except as~~ 
 29.13  ~~provided in this section.  In the case of tuition paid to a~~ 
 29.14  ~~Minnesota private institution or vocational or technical school~~ 
 29.15  ~~or a public or private institution or vocational or technical~~ 
 29.16  ~~school not located in Minnesota, reimbursement~~ Eligibility is 
 29.17  limited to a member of the national guard who: 
 29.18     (1) is serving satisfactorily as defined by the adjutant 
 29.19  general; 
 29.20     (2) is attending a post-secondary educational institution, 
 29.21  as defined by section 136A.15, subdivision 6, including a 
 29.22  vocational or technical school operated or regulated by this 
 29.23  state or another state or province; and 
 29.24     (3) provides proof of satisfactory completion of 
 29.25  coursework, as defined by the adjutant general. 
 29.26     In addition, if a member of the Minnesota national guard is 
 29.27  killed in the line of state active service or federally funded 
 29.28  state active service, as defined in section 190.05, subdivisions 
 29.29  5a and 5b, the member's surviving spouse, and any surviving 
 29.30  dependent who has not yet reached 24 years of age, shall be 
 29.31  eligible for a tuition and textbook reimbursement grant. 
 29.32     The adjutant general may, within the limitations of this 
 29.33  paragraph and other applicable laws, determine additional 
 29.34  eligibility criteria for the grant, and must specify the 
 29.35  criteria in department regulations and publish changes as 
 29.36  necessary. 
 30.1      (c) The amount of a tuition and textbook reimbursement 
 30.2   grant must be specified on a schedule as determined and 
 30.3   published in department regulations by the adjutant general, but 
 30.4   is limited to ~~50~~ a maximum of an amount equal to 75 percent of 
 30.5   the cost of tuition for lower division programs in the college 
 30.6   of liberal arts at the twin cities campus of the University of 
 30.7   Minnesota in the most recent academic year, except ~~as provided~~ 
 30.8   ~~in this section.~~ 
 30.9      ~~(c) If a member of the Minnesota national guard is killed~~ 
 30.10  ~~in the line of state active service or federally funded state~~ 
 30.11  ~~active service as defined in section 190.05, subdivision 5b, the~~ 
 30.12  ~~state shall reimburse~~ that in the case of a survivor as defined 
 30.13  in paragraph (b), the amount of the tuition and textbook 
 30.14  reimbursement grant for coursework satisfactorily completed by 
 30.15  the person shall be limited to 100 percent of the cost of 
 30.16  tuition for post-secondary courses ~~satisfactorily completed by~~ 
 30.17  ~~any surviving spouse and any surviving dependents who are 23~~ 
 30.18  ~~years old or younger.  Reimbursement for surviving spouses and~~ 
 30.19  ~~dependents is limited in amount and duration as is reimbursement~~ 
 30.20  ~~for the national guard member~~ at a Minnesota public educational 
 30.21  institution. 
 30.22     Paragraph (b) notwithstanding, a person is no longer 
 30.23  eligible for a grant under this subdivision once the person has 
 30.24  received grants under this subdivision for the equivalent of 208 
 30.25  quarter credits or 144 semester credits of coursework. 
 30.26     (d) ~~The amount of tuition reimbursement for each eligible~~ 
 30.27  ~~individual shall be determined by the adjutant general according~~ 
 30.28  ~~to rules formulated within 30 days of June 4, 1989.~~  Tuition and 
 30.29  textbook reimbursement grants received under this ~~section~~ 
 30.30  subdivision shall not be considered by the Minnesota higher 
 30.31  education services office or by any other state board, 
 30.32  commission, or entity in determining a person's eligibility for 
 30.33  a scholarship or grant-in-aid under sections 136A.095 to 
 30.34  136A.1311. 
 30.35     (e) If a member fails to complete a term of enlistment 
 30.36  during which a tuition and textbook reimbursement grant was 
 31.1   paid, the adjutant general may seek to recoup a prorated amount 
 31.2   as determined by the adjutant general. 
 31.3      Subd. 3.  [RECORDKEEPING~~; RECRUITMENT~~ AND ~~RETENTION; FISCAL~~ 
 31.4   ~~MANAGEMENT~~ REPORTING.] The ~~department of military affairs~~ 
 31.5   ~~shall~~ adjutant general must keep an accurate record of the 
 31.6   recipients ~~of the reenlistment bonus and tuition reimbursement~~ 
 31.7   ~~programs.  The department shall report to the legislature on the~~ 
 31.8   ~~effectiveness of the reenlistment bonus and tuition~~ 
 31.9   ~~reimbursement programs in retaining and recruiting members for~~ 
 31.10  ~~the Minnesota National Guard.  The report to the legislature~~ 
 31.11  ~~shall be made by January 1 of each year.  The report shall~~ 
 31.12  ~~include a review of the effect that the reenlistment bonus and~~ 
 31.13  ~~tuition reimbursement programs have on the enlistment and~~ 
 31.14  ~~reenlistment of national guard members.  The report shall~~ 
 31.15  ~~include an accurate record of the effect that both the tuition~~ 
 31.16  ~~reimbursement program and the reenlistment bonus program have on~~ 
 31.17  ~~the recruitment and retention of members by~~ and benefits paid 
 31.18  under this section, and must report this information in the 
 31.19  agency performance report, including information regarding the 
 31.20  rank, unit location, race, and ~~sex~~ gender. 
 31.21     By January 16 of each year, the adjutant general must 
 31.22  provide copies of the regulations developed under this section 
 31.23  to the chairs of the house and senate policy committees 
 31.24  responsible for the national guard. 
 31.25     The department of military affairs shall make a specific 
 31.26  effort to recruit and ~~retain~~ reenlist women and members of 
 31.27  minority groups into the national guard through the use of the 
 31.28  ~~tuition reimbursement and reenlistment bonus~~ financial 
 31.29  incentives authorized by the programs in this section. 
 31.30     Sec. 41.  Minnesota Statutes 1995 Supplement, section 
 31.31  240A.08, is amended to read: 
 31.32     240A.08 [APPROPRIATION.] 
 31.33     (a) $750,000 is appropriated annually from the general fund 
 31.34  to the Minnesota amateur sports commission for the purpose of 
 31.35  entering into long-term leases, use, or other agreements with 
 31.36  the ~~metropolitan sports facilities commission~~ owner or operator 
 32.1   of the basketball and hockey arena for use of the ~~conduct of~~ 
 32.2   ~~amateur sports activities at the~~ basketball and hockey arena~~,~~ 
 32.3   ~~consistent with the purposes set forth in this chapter,~~ 
 32.4   ~~including (1) stimulating and promoting amateur sports, (2)~~ 
 32.5   ~~promoting physical fitness by promoting participation in sports,~~ 
 32.6   ~~(3) promoting the development of recreational amateur sport~~ 
 32.7   ~~opportunities and activities, and (4) promoting local, regional,~~ 
 32.8   ~~national, and international amateur sport competitions and~~ 
 32.9   ~~events.  The metropolitan sports facilities commission may~~ 
 32.10  ~~allocate 50 dates a year for the conduct of amateur sports~~ 
 32.11  ~~activities at the basketball and hockey arena by the amateur~~ 
 32.12  ~~sports commission.  At least 12 of the dates must be on a~~ 
 32.13  ~~Friday, Saturday, or Sunday~~.  If any amateur sports activities 
 32.14  conducted by the amateur sports commission at the basketball and 
 32.15  hockey arena are restricted to participants of one gender, an 
 32.16  equal number of activities on comparable days of the week must 
 32.17  be conducted for participants of the other gender, but not 
 32.18  necessarily in the same year.  The legislature reserves the 
 32.19  right to repeal or amend this appropriation, and does not intend 
 32.20  this appropriation to create public debt. 
 32.21     (b) Effective July 1, 1996, the appropriation to the 
 32.22  amateur sports commission under this section is contingent on 
 32.23  the owner or operator of the basketball and hockey arena 
 32.24  agreeing to provide the amateur sports commission, upon request 
 32.25  of the commission, with at least 25 dates per year at the 
 32.26  arena.  To the extent requested by the commission, at least 12 
 32.27  of the dates must be on a Friday, Saturday, or Sunday.  The 
 32.28  amateur sports commission may sell a date at the arena to 
 32.29  another group for any purpose.  Revenue from sale of these dates 
 32.30  is appropriated to the amateur sports commission for purposes 
 32.31  listed in section 240A.04.  For each date provided to the 
 32.32  commission, the owner or operator of the arena must provide 
 32.33  heat, lighting, usher services, and other ancillary services 
 32.34  requested by the commission at no cost to the commission.  The 
 32.35  maximum value of the dates and the ancillary services that the 
 32.36  owner or operator of the arena must provide to the commission 
 33.1   under this section is $750,000 per year. 
 33.2      (c) The books, records, documents, accounting procedures, 
 33.3   and practices of the metropolitan sports facilities commission, 
 33.4   the Minneapolis community development agency, and any 
 33.5   corporation with which the Minnesota amateur sports commission 
 33.6   may contract for use of the basketball and hockey arena are 
 33.7   available for review by the Minnesota amateur sports commission, 
 33.8   the legislative auditor, and the chairs of the state government 
 33.9   finance divisions of the senate and the house of 
 33.10  representatives, subject to chapter 13 and section 473.598, 
 33.11  subdivision 4. 
 33.12     Sec. 42.  [363.065] [ALTERNATIVE DISPUTE RESOLUTION.] 
 33.13     There shall be, in the department, an alternative dispute 
 33.14  resolution program to resolve disputes arising under the human 
 33.15  rights act, with a process to:  
 33.16     (1) administer the alternative dispute resolution program; 
 33.17     (2) follow up with parties willing to use alternative 
 33.18  dispute resolution; 
 33.19     (3) develop and maintain a panel of mediators and advisors 
 33.20  and assign them to cases; 
 33.21     (4) track progress of alternative dispute resolution cases; 
 33.22  and 
 33.23     (5) conduct evaluations of the program. 
 33.24     Sec. 43.  Minnesota Statutes 1994, section 363.071, 
 33.25  subdivision 7, is amended to read: 
 33.26     Subd. 7.  [LITIGATION AND HEARING COSTS.] The 
 33.27  administrative law judge shall order a respondent who is 
 33.28  determined to have engaged in an unfair discriminatory practice 
 33.29  to reimburse the department and the attorney general for all 
 33.30  appropriate litigation and hearing costs expended in preparing 
 33.31  for and conducting the hearing, unless payment of the costs 
 33.32  would impose a financial hardship on the respondent.  
 33.33  Appropriate costs include but are not limited to the costs of 
 33.34  services rendered by the attorney general, private attorneys if 
 33.35  engaged by the department, administrative law judges, court 
 33.36  reporters, and expert witnesses as well as the costs of 
 34.1   transcripts and other necessary supplies and materials. 
 34.2      Money reimbursed to the department of human rights under 
 34.3   this subdivision must be paid into the state treasury and 
 34.4   credited to a special revenue account.  Money in the account is 
 34.5   appropriated to the commissioner of human rights to the extent 
 34.6   the reimbursements were made to cover the department's costs and 
 34.7   are available for the department's activities in enforcing the 
 34.8   Minnesota human rights act. 
 34.9      Sec. 44.  Minnesota Statutes 1994, section 423A.02, is 
 34.10  amended by adding a subdivision to read: 
 34.11     Subd. 1b.  [ADDITIONAL AMORTIZATION STATE AID.] Annually, 
 34.12  on October 1, the commissioner of revenue shall allocate the 
 34.13  additional amortization state aid transferred under section 
 34.14  69.021, subdivision 11, to: 
 34.15     (1) all police or salaried firefighter relief associations 
 34.16  governed by and determined by the state auditor to be in full 
 34.17  compliance with the requirements of section 69.77, that had an 
 34.18  unfunded actuarial accrued liability in the actuarial valuation 
 34.19  prepared under sections 356.215 and 356.216 as of the preceding 
 34.20  December 31; and 
 34.21     (2) all local police or salaried firefighter consolidation 
 34.22  accounts governed by chapter 353A that are certified by the 
 34.23  executive director of the public employees retirement 
 34.24  association as having for the current fiscal year an additional 
 34.25  municipal contribution amount under section 353A.09, subdivision 
 34.26  5, paragraph (b), and that have implemented section 353A.083, 
 34.27  subdivision 1, if the effective date of the consolidation 
 34.28  preceded May 24, 1993, and that have implemented section 
 34.29  353A.083, subdivision 2, if the effective date of the 
 34.30  consolidation preceded June 1, 1995. 
 34.31     The commissioner shall allocate the state aid on the basis 
 34.32  of the proportional share of the relief association or 
 34.33  consolidation account of the total unfunded actuarial accrued 
 34.34  liability of all recipient relief associations and consolidation 
 34.35  accounts as of December 31, 1993, for relief associations, and 
 34.36  as of June 30, 1994, for consolidation accounts. 
 35.1      Sec. 45. Laws 1995, chapter 254, article 1, section 11, 
 35.2   subdivision 8, is amended to read: 
 35.3   Subd. 8.  Public Broadcasting 
 35.4        3,054,000      3,054,000
 35.5   $1,450,000 the first year and 
 35.6   $1,450,000 the second year are for 
 35.7   matching grants for public television.  
 35.8   Public television grant recipients 
 35.9   shall give special emphasis to 
 35.10  children's programming.  In addition, 
 35.11  public television grant recipients 
 35.12  shall promote program and outreach 
 35.13  initiatives that attempt to reduce 
 35.14  youth violence in our communities.  
 35.15  $600,000 the first year and $600,000 
 35.16  the second year are for public 
 35.17  television equipment needs.  Equipment 
 35.18  grant allocations shall be made after 
 35.19  considering the recommendations of the 
 35.20  Minnesota public television association.
 35.21  $320,000 the first year and $320,000 
 35.22  the second year are for community 
 35.23  service grants to public educational 
 35.24  radio stations, which must be allocated 
 35.25  after considering the recommendations 
 35.26  of the Association of Minnesota Public 
 35.27  Educational Radio Stations under 
 35.28  Minnesota Statutes, section 129D.14. 
 35.29  $494,000 the first year and $494,000 
 35.30  the second year are for equipment 
 35.31  grants to public radio stations.  These 
 35.32  grants must be allocated after 
 35.33  considering the recommendations of the 
 35.34  Association of Minnesota Public 
 35.35  Educational Radio Stations and 
 35.36  Minnesota Public Radio, Inc. 
 35.37  $15,000 each year is for a grant to the 
 35.38  association of Minnesota public 
 35.39  education radio stations for station 
 35.40  KMOJ.  This money may be used for 
 35.41  equipment. 
 35.42  $150,000 the first year and $150,000 
 35.43  the second year are for grants for 
 35.44  public information television 
 35.45  transmission of legislative 
 35.46  activities.  At least one-half must go 
 35.47  for programming to be broadcast in 
 35.48  rural Minnesota. 
 35.49  $25,000 the first year and $25,000 the 
 35.50  second year are for grants to the Twin 
 35.51  Cities regional cable channel. 
 35.52  If an appropriation for either year for 
 35.53  grants to public television or radio 
 35.54  stations is not sufficient, the 
 35.55  appropriation for the other year is 
 35.56  available for it. 
 35.57     Sec. 46.  [ADDITIONAL MUNICIPAL CERTIFICATION TO ACCOMPANY 
 35.58  1996 POLICE STATE-AID APPLICATION FORM.] 
 36.1      In addition to the information required to be provided by 
 36.2   municipalities and counties in order to receive police state aid 
 36.3   under Minnesota Statutes, sections 69.011 to 69.051, every 
 36.4   potential recipient of the 1996 allocation of police state aid 
 36.5   must additionally certify the following information as a 
 36.6   condition of receipt of police state aid in 1996: 
 36.7      (1) number of licensed police officers employed by the 
 36.8   municipality or county with public employees police and fire 
 36.9   plan pension coverage during calendar year 1995; 
 36.10     (2) covered payroll of the employees described in clause 
 36.11  (1) for calendar year 1995; 
 36.12     (3) amount of employer contributions to the public 
 36.13  employees police and fire plan made by the municipality or 
 36.14  county regarding the employees described in clause (1) for 
 36.15  calendar year 1995; 
 36.16     (4) number of firefighters employed by the municipality or 
 36.17  county with public employees police and fire plan pension 
 36.18  coverage during calendar year 1995; 
 36.19     (5) annual covered payroll of the employees described in 
 36.20  clause (4) for calendar year 1995; and 
 36.21     (6) amount of employer contributions to the public 
 36.22  employees police and fire plan made by the municipality or 
 36.23  county regarding the employees described in clause (4) for 
 36.24  calendar year 1995. 
 36.25     Sec. 47.  [REPORT ON CERTAIN POLICE STATE-AID REIMBURSEMENT 
 36.26  PRACTICES.] 
 36.27     (a) Using the information reported under section 46, the 
 36.28  commissioner of revenue and the executive director of the public 
 36.29  employees retirement association jointly shall report, by 
 36.30  November 1, 1996, to the chair of the legislative commission on 
 36.31  pensions and retirement on the number of salaried firefighters 
 36.32  for whom the employer contribution to the public employees 
 36.33  police and fire plan was reimbursed in 1995 in the police 
 36.34  state-aid program, the employing units involved, and the amount 
 36.35  of 1995 police state aid involved for each employing unit. 
 36.36     (b) With the benefit of the reported information provided 
 37.1   under paragraph (a), the legislative commission on pensions and 
 37.2   retirement shall study the issue of the use of police state aid 
 37.3   to fund the employer contribution to the public employees police 
 37.4   and fire fund for local government firefighters and shall, by 
 37.5   March 1, 1997, report the results of its study and any 
 37.6   recommendations in the form of proposed legislation to the chair 
 37.7   of the committee on governmental operations of the house of 
 37.8   representatives, the chair of the committee on ways and means of 
 37.9   the house of representatives, the chair of the committee on 
 37.10  governmental operations and veterans of the senate, and the 
 37.11  chair of the committee on finance of the senate. 
 37.12     Sec. 48.  [STATEWIDE SYSTEMS ACCOUNT.] 
 37.13     Subdivision 1.  [CREATION.] The statewide systems account 
 37.14  is a separate account in the general fund.  All money resulting 
 37.15  from billings for statewide systems services must be deposited 
 37.16  in the account.  For the purposes of this section, statewide 
 37.17  systems includes the state accounting system, payroll system, 
 37.18  human resources system, procurement system, and related 
 37.19  information access systems. 
 37.20     Subd. 2.  [BILLING PROCEDURES.] The commissioner may bill 
 37.21  up to $5,000,000 in fiscal year 1997 for statewide systems 
 37.22  services provided to state agencies, judicial branch agencies, 
 37.23  the University of Minnesota, the Minnesota state colleges and 
 37.24  universities, and other entities.  Billing must be based on 
 37.25  usage.  Each agency shall, by January 15 of each year, transfer 
 37.26  from agency operating appropriations to the statewide systems 
 37.27  account the amount billed by the commissioner.  Billing policies 
 37.28  and procedures related to statewide systems services must be 
 37.29  developed by the commissioner of finance in consultation with 
 37.30  the commissioners of employee relations and administration. 
 37.31     Subd. 3.  [APPROPRIATION.] Money transferred into the 
 37.32  account is appropriated to the commissioner of finance to pay 
 37.33  for statewide systems services during fiscal year 1997. 
 37.34     Sec. 49.  [STATE-OWNED PASSENGER VEHICLE STUDY.] 
 37.35     The commissioner of administration shall study and make 
 37.36  recommendations to the chairs of the house and senate 
 38.1   governmental operations committees by January 15, 1997, 
 38.2   regarding strategies to achieve better management control of 
 38.3   state-owned passenger vehicles.  The study and recommendations 
 38.4   shall specifically address opportunities for further 
 38.5   consolidating the state's passenger vehicle fleets. 
 38.6      Sec. 50.  [EVALUATION AND REPORT.] 
 38.7      The environmental quality board, using its existing 
 38.8   appropriations, shall assess:  (1) the compatibility of metal 
 38.9   materials shredding projects and other industrial uses with 
 38.10  tourism and other nonindustrial uses of the Mississippi river 
 38.11  critical area, which has been designated an area of critical 
 38.12  concern by section 116G.15; and (2) the environmental and public 
 38.13  health effects of burning coal within or near residential areas 
 38.14  of large urban centers.  The board shall report its findings, 
 38.15  and any recommendations developed pursuant to these assessments, 
 38.16  to the legislature by January 1, 1997. 
 38.17     Sec. 51.  [APPROPRIATION.] 
 38.18     For purposes of section 10, there is appropriated for 
 38.19  fiscal year 1997 from all direct appropriated nongeneral funds 
 38.20  an amount sufficient to reimburse the general fund for attorney 
 38.21  general legal costs attributable to general fund expenditures. 
 38.22     Sec. 52.  [REPEALER.] 
 38.23     Minnesota Statutes 1995 Supplement, section 353.65, 
 38.24  subdivision 7, is repealed. 
 38.25     Sec. 53.  [EFFECTIVE DATES.] 
 38.26     Sections 4 and 5 are effective July 1, 1996, except that 
 38.27  any provisions appropriating money for fiscal year 1996 are 
 38.28  effective the day following final enactment.  Sections 11 and 12 
 38.29  are effective the day following final enactment.  Section 40 is 
 38.30  effective July 1, 1996, and applies to bonuses and grants paid 
 38.31  on or after that date.