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             administrative expenses of state government; amending 
  1.5             Minnesota Statutes 1994, sections 8.15, by adding a 
  1.6             subdivision; 16A.11, subdivision 1, and by adding a 
  1.7             subdivision; 16D.02, subdivision 2; 16D.03, 
  1.8             subdivisions 2 and 3; 16D.04, subdivision 2; 16D.09; 
  1.9             69.021, subdivision 4, and by adding subdivisions; 
  1.10            69.031, subdivisions 1 and 5; 144C.03, subdivision 2; 
  1.11            192.501, as amended; 363.071, subdivision 7; and 
  1.12            423A.02, by adding a subdivision; Minnesota Statutes 
  1.13            1995 Supplement, sections 16D.02, subdivision 8; 
  1.14            16D.04, subdivision 1; 16D.06, subdivision 2; 16D.08, 
  1.15            subdivision 2; 16D.11, subdivisions 1 and 7; 16D.12; 
  1.16            and 240A.08; Laws 1995, chapter 254, article 1, 
  1.17            section 11, subdivision 8; proposing coding for new 
  1.18            law in Minnesota Statutes, chapters 10; and 14; 
  1.19            repealing Minnesota Statutes 1995 Supplement, section 
  1.20            353.65, subdivision 7. 
  1.21  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.22  Section 1.  [STATE GOVERNMENT APPROPRIATIONS.] 
  1.23     The sums shown in the columns marked "APPROPRIATIONS" are 
  1.24  appropriated from the general fund, or another fund named, to 
  1.25  the agencies and for the purposes specified in this act, to be 
  1.26  available for the fiscal years indicated for each purpose.  The 
  1.27  figures "1996" and "1997," where used in this act, mean that the 
  1.28  appropriation or appropriations listed under them are available 
  1.29  for the year ending June 30, 1996, or June 30, 1997, 
  1.30  respectively.  
  1.31                          SUMMARY BY FUND 
  1.32                            1996          1997           TOTAL
  1.33  General                $4,457,000     $5,049,000     $9,506,000
  2.1                                              APPROPRIATIONS 
  2.2                                          Available for the Year 
  2.3                                              Ending June 30 
  2.4                                             1996         1997 
  2.5   Sec. 2.  ATTORNEY GENERAL 
  2.6   An amount sufficient to reimburse the 
  2.7   general fund for legal costs 
  2.8   attributable to general fund 
  2.9   expenditures is appropriated for the 
  2.10  fiscal year ending June 30, 1997, from 
  2.11  all direct appropriated nongeneral 
  2.12  funds. 
  2.13  The budget request of the attorney 
  2.14  general for the 1998-1999 biennium must 
  2.15  include a consolidated listing that 
  2.16  shows on one page all the 
  2.17  appropriations that will be used to 
  2.18  support the attorney general's office 
  2.19  and the finance divisions from which 
  2.20  they will be requested. 
  2.21  Sec. 3.  OFFICE OF STRATEGIC
  2.22  AND LONG-RANGE PLANNING                   50,000        -0-     
  2.23  The environmental quality board shall 
  2.24  assess:  (1) the compatibility of metal 
  2.25  materials shredding projects with other 
  2.26  industrial uses, tourism, and other 
  2.27  nonindustrial uses of the Mississippi 
  2.28  river critical area, which has been 
  2.29  designated an area of critical concern 
  2.30  by section 116G.15; and (2) the 
  2.31  environmental and public health effects 
  2.32  of burning coal within or near 
  2.33  residential areas of large urban 
  2.34  centers.  The board shall report its 
  2.35  findings, and any recommendations 
  2.36  developed pursuant to these 
  2.37  assessments, to the legislature by 
  2.38  January 1, 1997. 
  2.39  Sec. 4.  ADMINISTRATION                  -0-          1,250,000 
  2.40  $1,000,000 is for impact analysis and 
  2.41  staff for state information system 
  2.42  modifications relating to year 2000 
  2.43  date change requirements. 
  2.44  $134,000 of contributed capital is 
  2.45  transferred from the electronic 
  2.46  equipment rental fund to the 
  2.47  micrographics/records center fund in 
  2.48  fiscal year 1996. 
  2.49  $100,000 is for the Government 
  2.50  Information Access Council. 
  2.51  $150,000 is for grants for public 
  2.52  information television transmission of 
  2.53  legislative activities.  This amount is 
  2.54  in addition to the appropriation in 
  2.55  Laws 1995, chapter 254, article 1, 
  2.56  section 11, subdivision 8. 
  2.57  Sec. 5.  CAPITOL AREA 
  2.58  ARCHITECTURAL AND PLANNING BOARD          10,000        420,000
  2.59  $250,000 in fiscal year 1997 is for 
  3.1   design and construction of the 
  3.2   Minnesota Women's Suffrage Memorial 
  3.3   Garden on the capitol grounds.  The 
  3.4   last $50,000 of this appropriation is 
  3.5   available only upon demonstration of a 
  3.6   $50,000 match in nonstate funds. 
  3.7   $10,000 in fiscal year 1996 is for 
  3.8   treatment of the surface of the Roy 
  3.9   Wilkins memorial that must be performed 
  3.10  immediately to prevent deterioration of 
  3.11  the surface.  Any amount of this 
  3.12  appropriation not spent in fiscal year 
  3.13  1996 may be carried forward and spent 
  3.14  in fiscal year 1997. 
  3.15  $170,000 in fiscal year 1997 is for 
  3.16  revision of the board's comprehensive 
  3.17  plan and zoning ordinance. 
  3.18  Sec. 6.  FINANCE                       4,397,000      2,103,000
  3.19  This is a one-time appropriation for 
  3.20  critical statewide operating systems 
  3.21  and is added to the appropriation in 
  3.22  Laws 1995, chapter 254, article 1, 
  3.23  section 14, subdivision 6.  The 
  3.24  commissioner of finance may transfer 
  3.25  portions of this appropriation to the 
  3.26  commissioner of administration and the 
  3.27  commissioner of employee relations.  
  3.28  By January 15, 1997, the sponsoring 
  3.29  agencies of the statewide systems 
  3.30  project shall report to the 
  3.31  legislature.  The report must include 
  3.32  an accounting of money spent for 
  3.33  statewide operating systems, and 
  3.34  projections for future spending.  The 
  3.35  report also must include strategies for 
  3.36  potential savings opportunities in 
  3.37  operation of the statewide systems.  
  3.38  The agencies must consider alternatives 
  3.39  to mainframe operations.  The report 
  3.40  must describe efforts to:  improve 
  3.41  operator proficiency, modify software 
  3.42  to achieve efficiencies, and educate 
  3.43  users concerning efficient use of the 
  3.44  systems. 
  3.45  The report must also include 
  3.46  recommendations for management of user 
  3.47  consumption of Intertech resources for 
  3.48  the statewide systems, including the 
  3.49  desirability of charge backs and fees 
  3.50  for services. 
  3.51  Sec. 7.  REVENUE                         -0-            976,000
  3.52  This appropriation is to increase the 
  3.53  department's audit presence in greater 
  3.54  Minnesota and to make changes to the 
  3.55  withholding system. 
  3.56  It is anticipated that these changes 
  3.57  will result in additional general fund 
  3.58  revenues of $1,950,000 in fiscal year 
  3.59  1997. 
  3.60  Sec. 8.  HUMAN RIGHTS                    -0-            300,000
  4.1   (a) This appropriation is for an 
  4.2   alternative dispute resolution program 
  4.3   and to reduce the backlog of open cases 
  4.4   under investigation by the department. 
  4.5   (b) $200,000 is available July 1, 1996. 
  4.6   The commissioner of human rights shall, 
  4.7   by May 15, 1996, submit to the chairs 
  4.8   of the senate finance committee and the 
  4.9   house of representatives ways and means 
  4.10  committee a plan to investigate and 
  4.11  process charges in accordance with the 
  4.12  priorities required by Minnesota 
  4.13  Statutes, section 363.06, subdivision 
  4.14  4, and to identify and dismiss within 
  4.15  six months of filing cases that should 
  4.16  be dismissed as not warranting the use 
  4.17  of department resources.  The plan will 
  4.18  be implemented as provided below and 
  4.19  its effectiveness will be tested by its 
  4.20  application to cases filed after July 
  4.21  1, 1996, as provided in paragraphs (d) 
  4.22  and (e). 
  4.23  (c) The commissioner of human rights, 
  4.24  in consultation with representatives of 
  4.25  groups of people affected by the Human 
  4.26  Rights Act, shall submit to the 
  4.27  legislature by January 1, 1997 a plan 
  4.28  to eliminate the case backlog in the 
  4.29  department and a plan to process cases 
  4.30  in the future in a manner that complies 
  4.31  with statutory time deadlines. 
  4.32  (d) $100,000 is available January 1, 
  4.33  1997, so long as the department has 
  4.34  screened all cases pending within the 
  4.35  department in accordance with the plan 
  4.36  submitted, has dismissed, within six 
  4.37  months of the date of filing, at least 
  4.38  75 percent of cases filed after July 1, 
  4.39  1996 that were identified as not 
  4.40  warranting the use of department 
  4.41  resources by that screening, and has 
  4.42  reduced the average time for closing a 
  4.43  case to 13 months. 
  4.44  (e) If by February 1, 1997 the 
  4.45  commissioner has not screened every 
  4.46  charge filed on or after July 1, 1996, 
  4.47  and, within six months after it was 
  4.48  filed, either dismissed it or 
  4.49  classified it as a case that warrants 
  4.50  investigation to determine probable 
  4.51  cause or not probable cause, the 
  4.52  legislature intends not to include the 
  4.53  amount appropriated in this section in 
  4.54  the department's appropriation for the 
  4.55  1998-1999 biennium. 
  4.56  (f) Until June 30, 1997, the 
  4.57  commissioner of human rights shall 
  4.58  administer an alternative dispute 
  4.59  resolution program to resolve disputes 
  4.60  arising under the human rights act, 
  4.61  with a process to follow up with 
  4.62  parties willing to use alternative 
  4.63  dispute resolution, develop and 
  4.64  maintain a panel of mediators and 
  4.65  advisors and assign them to cases, 
  4.66  track progress of alternative dispute 
  5.1   resolution cases, and conduct 
  5.2   evaluations of the program. 
  5.3      Sec. 9.  Minnesota Statutes 1994, section 8.15, is amended 
  5.4   by adding a subdivision to read: 
  5.5      Subd. 5.  [REIMBURSEMENTS.] State agencies receiving legal 
  5.6   services from the attorney general for nongeneral funded 
  5.7   activities shall reimburse the full cost of those services to 
  5.8   the general fund based on periodic billings prepared by the 
  5.9   attorney general.  Payment must be made to the attorney general 
  5.10  for deposit to the general fund as a nondedicated receipt.  The 
  5.11  attorney general, in consultation with the commissioner of 
  5.12  finance, shall develop reimbursement policies and procedures 
  5.13  related to legal services.  
  5.14     Sec. 10.  [10.55] [JUNETEENTH.] 
  5.15     June 19 is designated Juneteenth in recognition of the 
  5.16  historical pronouncement of the abolition of slavery on June 19, 
  5.17  1865, when the Emancipation Proclamation was said to have been 
  5.18  first publicly read in Texas.  The governor may take any action 
  5.19  necessary to promote and encourage the observance of Juneteenth 
  5.20  and public schools may offer instruction and programs on the 
  5.21  occasion. 
  5.22     Sec. 11.  [14.045] [AGENCIES; LIMITS ON PENALTIES.] 
  5.23     Subdivision 1.  [LIMIT ON PENALTIES.] An agency may not, 
  5.24  under authority of rule, levy a total fine or penalty of more 
  5.25  than $700 for a single violation unless the agency has specific 
  5.26  statutory authority to levy a fine in excess of that amount. 
  5.27     Subd. 2.  [CRIMINAL PENALTY.] An agency may not, by rule, 
  5.28  establish a criminal penalty unless the agency has specific 
  5.29  statutory authority to do so. 
  5.30     Subd. 3.  [FACTORS.] (a) If a statute or rule gives an 
  5.31  agency discretion over the amount of a fine, the agency must 
  5.32  take the following factors into account in determining the 
  5.33  amount of the fine: 
  5.34     (1) the willfulness of the violation; 
  5.35     (2) the gravity of the violation, including damage to 
  5.36  humans, animals, and the natural resources of the state; 
  6.1      (3) the history of past violations; 
  6.2      (4) the number of violations; 
  6.3      (5) the economic benefit gained by the person by allowing 
  6.4   or committing the violation; and 
  6.5      (6) other factors that justice may require. 
  6.6      (b) For a violation after an initial violation, the 
  6.7   following factors must be considered in addition to the factors 
  6.8   in paragraph (a): 
  6.9      (1) similarity of previous violations to the current 
  6.10  violation to be penalized; 
  6.11     (2) time elapsed since the last violation; 
  6.12     (3) number of previous violations; and 
  6.13     (4) response of the person to the most recent previous 
  6.14  violation identified. 
  6.15     Subd. 4.  [EFFECT ON OTHER LAW.] This section does not 
  6.16  affect the right of an agency to deny a permit, revoke a 
  6.17  license, or take similar action, other than the imposition of a 
  6.18  fine, even if the cost of the denial, revocation, or other 
  6.19  action to the affected party exceeds $700. 
  6.20     Subd. 5.  [EFFECTIVE DATE.] Subdivisions 1, 2, and 4 apply 
  6.21  only to fines and penalties imposed under rules for which notice 
  6.22  of intent to adopt rules is published after the effective date 
  6.23  of this section. 
  6.24     Sec. 12.  Minnesota Statutes 1994, section 16A.11, 
  6.25  subdivision 1, is amended to read: 
  6.26     Subdivision 1.  [WHEN.] The governor shall submit a 
  6.27  ~~three-part~~ four-part budget to the legislature.  Parts one and 
  6.28  two, the budget message and detailed operating budget, must be 
  6.29  submitted by the fourth Tuesday in January in each odd-numbered 
  6.30  year.  Part three, the detailed recommendations as to capital 
  6.31  expenditure, must be submitted as follows:  agency capital 
  6.32  budget requests by June 15 of each odd-numbered year; 
  6.33  preliminary governor's recommendations by September 1 of each 
  6.34  odd-numbered year; and final recommendations by February 1 of 
  6.35  each even-numbered year.  Part four, the detailed 
  6.36  recommendations as to information technology expenditure, must 
  7.1   be submitted at the same time the governor submits the budget 
  7.2   message to the legislature. 
  7.3      Sec. 13.  Minnesota Statutes 1994, section 16A.11, is 
  7.4   amended by adding a subdivision to read: 
  7.5      Subd. 3b.  [PART FOUR; DETAILED INFORMATION TECHNOLOGY 
  7.6   BUDGET.] The detailed information technology budget must include 
  7.7   recommendations for information technology projects to be funded 
  7.8   during the next biennium and planning estimates for an 
  7.9   additional two biennia.  It must be submitted with projects 
  7.10  ranked in order of importance among all projects as determined 
  7.11  by the governor. 
  7.12     Sec. 14.  Minnesota Statutes 1994, section 16D.02, 
  7.13  subdivision 2, is amended to read: 
  7.14     Subd. 2.  [COMMISSIONER.] "Commissioner" means the 
  7.15  commissioner of ~~finance~~ revenue. 
  7.16     Sec. 15.  Minnesota Statutes 1995 Supplement, section 
  7.17  16D.02, subdivision 8, is amended to read: 
  7.18     Subd. 8.  [ENTERPRISE.] "Enterprise" means the Minnesota 
  7.19  collection enterprise, a separate unit established by the 
  7.20  commissioner to carry out the provisions of this chapter~~,~~ 
  7.21  ~~pursuant to the commissioner's authority to contract with the~~ 
  7.22  ~~commissioner of revenue for collection services under section~~ 
  7.23  ~~16D.04, subdivision 1~~. 
  7.24     Sec. 16.  Minnesota Statutes 1994, section 16D.03, 
  7.25  subdivision 2, is amended to read: 
  7.26     Subd. 2.  [STATE AGENCY REPORTS.] State agencies shall 
  7.27  report quarterly to the commissioner of finance the debts owed 
  7.28  to them.  The commissioner of finance, in consultation with the 
  7.29  commissioners of revenue and human services, and the attorney 
  7.30  general, shall establish internal guidelines for the 
  7.31  recognition, tracking, reporting, and collection of debts owed 
  7.32  the state.  The internal guidelines must include accounting 
  7.33  standards, performance measurements, and uniform reporting 
  7.34  requirements applicable to all state agencies.  The commissioner 
  7.35  of finance shall require a state agency to recognize, track, 
  7.36  report, and attempt to collect debts according to the internal 
  8.1   guidelines. 
  8.2      Sec. 17.  Minnesota Statutes 1994, section 16D.03, 
  8.3   subdivision 3, is amended to read: 
  8.4      Subd. 3.  [REPORT OF THE COMMISSIONER.] By January 15 of 
  8.5   each year, the commissioner of finance shall report on the 
  8.6   management of debts owed the state, including performance 
  8.7   measurements and progress of the debt collection efforts 
  8.8   undertaken by state agencies and the commissioner.  The report 
  8.9   must be made to the governor and the chairs of the committee on 
  8.10  finance of the senate and the committee on ways and means of the 
  8.11  house of representatives. 
  8.12     Sec. 18.  Minnesota Statutes 1995 Supplement, section 
  8.13  16D.04, subdivision 1, is amended to read: 
  8.14     Subdivision 1.  [DUTIES.] The commissioner shall provide 
  8.15  services to the state and its agencies to collect debts owed the 
  8.16  state.  The commissioner is not a collection agency as defined 
  8.17  by section 332.31, subdivision 3, and is not licensed, bonded, 
  8.18  or regulated by the commissioner of commerce under sections 
  8.19  332.31 to 332.35 or 332.38 to 332.45.  The commissioner is 
  8.20  subject to section 332.37, except clause (9) or (10).  ~~The~~ 
  8.21  ~~commissioner may contract with the commissioner of revenue for~~ 
  8.22  ~~collection services, and may delegate to the commissioner of~~ 
  8.23  ~~revenue any of the commissioner's duties and powers under this~~ 
  8.24  ~~chapter.~~  Debts referred to the commissioner ~~of revenue~~ for 
  8.25  collection under ~~this section or~~ section 256.9792 may in turn be 
  8.26  referred by the commissioner ~~of revenue~~ to the enterprise.  An 
  8.27  audited financial statement may not be required as a condition 
  8.28  of debt placement with a private agency if the private agency:  
  8.29  (1) has errors and omissions coverage under a professional 
  8.30  liability policy in an amount of at least $1,000,000; or (2) has 
  8.31  a fidelity bond to cover actions of its employees, in an amount 
  8.32  of at least $100,000.  In cases of debts referred under section 
  8.33  256.9792, the provisions of this chapter and section 256.9792 
  8.34  apply to the extent they are not in conflict.  If they are in 
  8.35  conflict, the provisions of section 256.9792 control.  For 
  8.36  purposes of this chapter, the referring agency for such debts 
  9.1   remains the department of human services. 
  9.2      Sec. 19.  Minnesota Statutes 1994, section 16D.04, 
  9.3   subdivision 2, is amended to read: 
  9.4      Subd. 2.  [AGENCY PARTICIPATION.] A state agency may, at 
  9.5   its option, refer debts to the commissioner for collection.  The 
  9.6   ultimate responsibility for the debt, including the reporting of 
  9.7   the debt to the commissioner of finance and the decision with 
  9.8   regard to the continuing collection and uncollectibility of the 
  9.9   debt, remains with the referring state agency. 
  9.10     Sec. 20.  Minnesota Statutes 1995 Supplement, section 
  9.11  16D.06, subdivision 2, is amended to read: 
  9.12     Subd. 2.  [DISCLOSURE OF DATA.] Data received, collected, 
  9.13  created, or maintained by the commissioner or the attorney 
  9.14  general to collect debts are classified as private data on 
  9.15  individuals under section 13.02, subdivision 12, or nonpublic 
  9.16  data under section 13.02, subdivision 9.  The commissioner or 
  9.17  the attorney general may disclose not public data: 
  9.18     (1) under section 13.05; 
  9.19     (2) under court order; 
  9.20     (3) under a statute specifically authorizing access to the 
  9.21  not public data; 
  9.22     (4) to provide notices required or permitted by statute; 
  9.23     (5) to an agent of the commissioner or the attorney 
  9.24  general, including a law enforcement person, attorney, or 
  9.25  investigator acting for the commissioner or the attorney general 
  9.26  in the investigation or prosecution of a criminal or civil 
  9.27  proceeding relating to collection of a debt; 
  9.28     (6) to report names of debtors, amount of debt, date of 
  9.29  debt, and the agency to whom debt is owed to credit bureaus and 
  9.30  private collection agencies under contract with the 
  9.31  commissioner; 
  9.32     (7) when necessary to locate the debtor, locate the assets 
  9.33  of the debtor, or to enforce or implement the collection of a 
  9.34  debt; and 
  9.35     (8) to the commissioner of revenue for tax administration 
  9.36  purposes. 
 10.1      The commissioner and the attorney general may not disclose 
 10.2   data that is not public to a private collection agency or other 
 10.3   entity with whom the commissioner has contracted under section 
 10.4   16D.04, subdivision 4, unless disclosure is otherwise authorized 
 10.5   by law. 
 10.6      Sec. 21.  Minnesota Statutes 1995 Supplement, section 
 10.7   16D.08, subdivision 2, is amended to read: 
 10.8      Subd. 2.  [POWERS.] In addition to the collection remedies 
 10.9   available to private collection agencies in this state, the 
 10.10  commissioner, with legal assistance from the attorney general, 
 10.11  may utilize any statutory authority granted to a referring 
 10.12  agency for purposes of collecting debt owed to that referring 
 10.13  agency.  The commissioner may also ~~use~~ delegate to the 
 10.14  enterprise the tax collection remedies ~~of the commissioner of~~ 
 10.15  ~~revenue~~ in sections 270.06, clauses (7) and (17), excluding the 
 10.16  power to subpoena witnesses; 270.66; 270.69, excluding 
 10.17  subdivisions 7 and 13; 270.70, excluding subdivision 14; 
 10.18  270.7001 to 270.72; and 290.92, subdivision 23, except that a 
 10.19  continuous wage levy under section 290.92, subdivision 23, is 
 10.20  only effective for 70 days, unless no competing wage 
 10.21  garnishments, executions, or levies are served within the 70-day 
 10.22  period, in which case a wage levy is continuous until a 
 10.23  competing garnishment, execution, or levy is served in the 
 10.24  second or a succeeding 70-day period, in which case a continuous 
 10.25  wage levy is effective for the remainder of that period.  A 
 10.26  debtor who qualifies for cancellation of the collection penalty 
 10.27  under section 16D.11, subdivision 3, clause (1), can apply to 
 10.28  the commissioner for reduction or release of a continuous wage 
 10.29  levy, if the debtor establishes that the debtor needs all or a 
 10.30  portion of the wages being levied upon to pay for essential 
 10.31  living expenses, such as food, clothing, shelter, medical care, 
 10.32  or expenses necessary for maintaining employment.  The 
 10.33  commissioner's determination not to reduce or release a 
 10.34  continuous wage levy is appealable to district court.  The word 
 10.35  "tax" or "taxes" when used in the tax collection statutes listed 
 10.36  in this subdivision also means debts referred under this 
 11.1   chapter.  For debts other than state taxes or child support, 
 11.2   before any of the tax collection remedies listed in this 
 11.3   subdivision can be used, except for the remedies in section 
 11.4   270.06, clauses (7) and (17), if the referring agency has not 
 11.5   already obtained a judgment or filed a lien, the commissioner 
 11.6   must first obtain a judgment against the debtor.  
 11.7      Sec. 22.  Minnesota Statutes 1994, section 16D.09, is 
 11.8   amended to read: 
 11.9      16D.09 [UNCOLLECTIBLE DEBTS.] 
 11.10     When a debt is determined by a state agency to be 
 11.11  uncollectible, the debt may be written off by the state agency 
 11.12  from the state agency's financial accounting records and no 
 11.13  longer recognized as an account receivable for financial 
 11.14  reporting purposes.  A debt is considered to be uncollectible 
 11.15  when (1) all reasonable collection efforts have been exhausted, 
 11.16  (2) the cost of further collection action will exceed the amount 
 11.17  recoverable, (3) the debt is legally without merit or cannot be 
 11.18  substantiated by evidence, (4) the debtor cannot be located, (5) 
 11.19  the available assets or income, current or anticipated, that may 
 11.20  be available for payment of the debt are insufficient, (6) the 
 11.21  debt has been discharged in bankruptcy, (7) the applicable 
 11.22  statute of limitations for collection of the debt has expired, 
 11.23  or (8) it is not in the public interest to pursue collection of 
 11.24  the debt.  The determination of the uncollectibility of a debt 
 11.25  must be reported by the state agency along with the basis for 
 11.26  that decision as part of its quarterly reports to the 
 11.27  commissioner of finance.  Determining that the debt is 
 11.28  uncollectible does not cancel the legal obligation of the debtor 
 11.29  to pay the debt.  
 11.30     Sec. 23.  Minnesota Statutes 1995 Supplement, section 
 11.31  16D.11, subdivision 1, is amended to read: 
 11.32     Subdivision 1.  [IMPOSITION.] As determined by the 
 11.33  commissioner of finance, a penalty shall be added to the debts 
 11.34  referred to the commissioner or private collection agency for 
 11.35  collection.  The penalty is collectible by the commissioner or 
 11.36  private agency from the debtor at the same time and in the same 
 12.1   manner as the referred debt.  The referring agency shall advise 
 12.2   the debtor of the penalty under this section and the debtor's 
 12.3   right to cancellation of the penalty under subdivision 3 at the 
 12.4   time the agency sends notice to the debtor under section 
 12.5   16D.07.  If the commissioner or private agency collects an 
 12.6   amount less than the total due, the payment is applied 
 12.7   proportionally to the penalty and the underlying debt.  
 12.8   Penalties collected by the commissioner under this subdivision 
 12.9   or retained under subdivision 6 shall be deposited in the 
 12.10  general fund as nondedicated receipts.  Penalties collected by 
 12.11  private agencies are appropriated to the referring agency to pay 
 12.12  the collection fees charged by the private agency.  Penalty 
 12.13  collections in excess of collection agency fees must be 
 12.14  deposited in the general fund as nondedicated receipts.  
 12.15     Sec. 24.  Minnesota Statutes 1995 Supplement, section 
 12.16  16D.11, subdivision 7, is amended to read: 
 12.17     Subd. 7.  [ADJUSTMENT OF RATE.] By June 1 of each year, the 
 12.18  commissioner of finance shall determine the rate of the penalty 
 12.19  for debts referred to the enterprise during the next fiscal year.
 12.20  The rate is a percentage of the debts in an amount that most 
 12.21  nearly equals the costs of the enterprise necessary to process 
 12.22  and collect referred debts under this chapter.  In no event 
 12.23  shall the rate of the penalty when a debt is first referred 
 12.24  exceed three-fifths of the maximum penalty, and in no event 
 12.25  shall the rate of the maximum penalty exceed 25 percent of the 
 12.26  debt.  Determination of the rate of the penalty under this 
 12.27  section is not rulemaking under chapter 14, and is not subject 
 12.28  to the fee setting requirements of section 16A.1285. 
 12.29     Sec. 25.  Minnesota Statutes 1995 Supplement, section 
 12.30  16D.12, is amended to read: 
 12.31     16D.12 [PAYMENT OF COLLECTION AGENCY FEES.] 
 12.32     Unless otherwise expressly prohibited by law, a state 
 12.33  agency may pay for the services of ~~a state~~ the commissioner or a 
 12.34  private collection agency from the money collected.  The portion 
 12.35  of the money collected which must be paid to the commissioner or 
 12.36  the collection agency as its collection fee is appropriated from 
 13.1   the fund to which the collected money is due. 
 13.2      Sec. 26.  Minnesota Statutes 1994, section 69.021, 
 13.3   subdivision 4, is amended to read: 
 13.4      Subd. 4.  [DETERMINATION OF QUALIFIED STATE AID RECIPIENTS; 
 13.5   CERTIFICATION TO COMMISSIONER OF REVENUE.] The commissioner 
 13.6   shall determine which municipalities and independent nonprofit 
 13.7   firefighting corporations are qualified to receive fire state 
 13.8   aid and which municipalities and counties are qualified to 
 13.9   receive state peace officer aid.  The commissioner shall 
 13.10  determine qualification upon receipt of (1) the fire department 
 13.11  personnel and equipment certification or the police department 
 13.12  and qualified peace officers certificate, whichever is 
 13.13  applicable, required under section 69.011, (2) the financial 
 13.14  compliance report required under section 6.495, and (3) any 
 13.15  other relevant information which comes to the attention of the 
 13.16  commissioner.  Upon completion of the determination, on or 
 13.17  before ~~September~~ October 1, the commissioner shall calculate 
 13.18  under subdivision 6 the amount of (a) state peace officer aid 
 13.19  which each county or municipality is to receive and (b) fire 
 13.20  state aid which each municipality or nonprofit firefighting 
 13.21  corporation is to receive.  The commissioner shall certify to 
 13.22  the commissioner of finance the name of each county or 
 13.23  municipality, and the amount of state aid which each county or 
 13.24  municipality is to receive, in the case of state peace officer 
 13.25  aid; and the name of each municipality or independent nonprofit 
 13.26  firefighting corporation and the amount of state aid which each 
 13.27  municipality or independent nonprofit firefighting corporation 
 13.28  is to receive, in the case of fire state aid. 
 13.29     Sec. 27.  Minnesota Statutes 1994, section 69.021, is 
 13.30  amended by adding a subdivision to read: 
 13.31     Subd. 10.  [REDUCTION.] The commissioner of revenue shall 
 13.32  reduce the apportionment of police state aid under subdivisions 
 13.33  5, paragraph (b), 6, and 7, for eligible employer units by any 
 13.34  amount in excess of the employer's total prior calendar year 
 13.35  obligation under section 353.65, as certified by the executive 
 13.36  director of the public employees retirement association.  The 
 14.1   total shall be deposited in a separate excess police state-aid 
 14.2   account in the general fund, administered and distributed as 
 14.3   provided in subdivision 11. 
 14.4      Sec. 28.  Minnesota Statutes 1994, section 69.021, is 
 14.5   amended by adding a subdivision to read: 
 14.6      Subd. 11.  [EXCESS POLICE STATE-AID HOLDING ACCOUNT.] (a) 
 14.7   An excess police state-aid holding account is established in the 
 14.8   general fund. 
 14.9      (b) Excess police state aid determined according to section 
 14.10  69.021, subdivision 10, must be deposited in the excess police 
 14.11  state-aid holding account. 
 14.12     (c) From the balance in the excess police state-aid holding 
 14.13  account, $1,000,000 must be transferred annually to the 
 14.14  ambulance service personnel longevity award and incentive 
 14.15  suspense account established by section 144C.03, subdivision 2. 
 14.16     (d) If a police officer stress reduction program is created 
 14.17  by law and money is appropriated for that program, an amount 
 14.18  equal to that appropriation must be transferred from the balance 
 14.19  in the excess police state-aid holding account. 
 14.20     (e) On October 1, 1997, and annually on each October 1, 
 14.21  one-half of the balance of the excess police state-aid holding 
 14.22  account remaining after deductions under paragraphs (c) and (d) 
 14.23  is appropriated for additional amortization aid under section 
 14.24  423A.02, subdivision 1b. 
 14.25     (f) The remaining balance in the excess police state-aid 
 14.26  holding account, after the deductions under paragraphs (c), (d), 
 14.27  and (e), cancels to the general fund. 
 14.28     Sec. 29.  Minnesota Statutes 1994, section 69.031, 
 14.29  subdivision 1, is amended to read: 
 14.30     Subdivision 1.  [COMMISSIONER OF FINANCE'S WARRANT.] The 
 14.31  commissioner of finance shall issue to the county, municipality, 
 14.32  or independent nonprofit firefighting corporation certified to 
 14.33  the commissioner of finance by the commissioner a warrant for an 
 14.34  amount equal to the amount certified to by the commissioner 
 14.35  pursuant to section 69.021.  The amount due and not paid 
 14.36  by ~~September~~ October 1 accrues interest at the rate of one 
 15.1   percent for each month or part of a month the amount remains 
 15.2   unpaid, beginning the preceding July 1. 
 15.3      Sec. 30.  Minnesota Statutes 1994, section 69.031, 
 15.4   subdivision 5, is amended to read: 
 15.5      Subd. 5.  [DEPOSIT OF STATE AID.] (1) The municipal 
 15.6   treasurer, on receiving the fire state aid, shall within 30 days 
 15.7   after receipt transmit it to the treasurer of the duly 
 15.8   incorporated firefighters' relief association if there is one 
 15.9   organized and the association has filed a financial report with 
 15.10  the municipality; but if there is no relief association 
 15.11  organized, or if any association dissolve, be removed, or has 
 15.12  heretofore dissolved, or has been removed as trustees of state 
 15.13  aid, then the treasurer of the municipality shall keep the money 
 15.14  in the municipal treasury as provided for in section 424A.08 and 
 15.15  shall be disbursed only for the purposes and in the manner set 
 15.16  forth in that section.  
 15.17     (2) The municipal treasurer, upon receipt of the police 
 15.18  state aid, shall disburse the police state aid in the following 
 15.19  manner: 
 15.20     (a) For a municipality in which a local police relief 
 15.21  association exists and all peace officers are members of the 
 15.22  association, the total state aid shall be transmitted to the 
 15.23  treasurer of the relief association within 30 days of the date 
 15.24  of receipt, and the treasurer of the relief association shall 
 15.25  immediately deposit the total state aid in the special fund of 
 15.26  the relief association; 
 15.27     (b) For a municipality in which police retirement coverage 
 15.28  is provided by the public employees police and fire fund and all 
 15.29  peace officers are members of the fund, the total state aid 
 15.30  shall be applied toward the municipality's employer contribution 
 15.31  to the public employees police and fire fund pursuant to section 
 15.32  353.65, subdivision 3~~, and any state aid in excess of the amount~~ 
 15.33  ~~required to meet the employer's contribution pursuant to section~~ 
 15.34  ~~353.65, subdivision 3, shall be deposited in the excess~~ 
 15.35  ~~contributions holding account of the public employees retirement~~ 
 15.36  ~~association~~; or 
 16.1      (c) For a municipality other than a city of the first class 
 16.2   with a population of more than 300,000 in which both a police 
 16.3   relief association exists and police retirement coverage is 
 16.4   provided in part by the public employees police and fire fund, 
 16.5   the municipality may elect at its option to transmit the total 
 16.6   state aid to the treasurer of the relief association as provided 
 16.7   in clause (a), to use the total state aid to apply toward the 
 16.8   municipality's employer contribution to the public employees 
 16.9   police and fire fund subject to all the provisions set forth in 
 16.10  clause (b), or to allot the total state aid proportionately to 
 16.11  be transmitted to the police relief association as provided in 
 16.12  this subdivision and to apply toward the municipality's employer 
 16.13  contribution to the public employees police and fire fund 
 16.14  subject to the provisions of clause (b) on the basis of the 
 16.15  respective number of active full-time peace officers, as defined 
 16.16  in section 69.011, subdivision 1, clause (g). 
 16.17     For a city of the first class with a population of more 
 16.18  than 300,000, in addition, the city may elect to allot the 
 16.19  appropriate portion of the total police state aid to apply 
 16.20  toward the employer contribution of the city to the public 
 16.21  employees police and fire fund based on the covered salary of 
 16.22  police officers covered by the fund each payroll period and to 
 16.23  transmit the balance to the police relief association. 
 16.24     (3) The county treasurer, upon receipt of the police state 
 16.25  aid for the county, shall apply the total state aid toward the 
 16.26  county's employer contribution to the public employees police 
 16.27  and fire fund pursuant to section 353.65, subdivision 3~~, and any~~ 
 16.28  ~~state aid in excess of the amount required to meet the~~ 
 16.29  ~~employer's contribution pursuant to section 353.65, subdivision~~ 
 16.30  ~~3, shall be deposited in the excess contributions holding~~ 
 16.31  ~~account of the public employees retirement association~~. 
 16.32     (4) The designated metropolitan airports commission 
 16.33  official, upon receipt of the police state aid for the 
 16.34  metropolitan airports commission, shall apply the total police 
 16.35  state aid toward the commission's employer contribution to the 
 16.36  Minneapolis employees retirement fund under section 422A.101, 
 17.1   subdivision 2a. 
 17.2      Sec. 31.  Minnesota Statutes 1994, section 144C.03, 
 17.3   subdivision 2, is amended to read: 
 17.4      Subd. 2.  [TRUST ACCOUNT.] (a) There is established in the 
 17.5   general fund an ambulance service personnel longevity award and 
 17.6   incentive trust account and an ambulance service personnel 
 17.7   longevity award and incentive suspense account.  
 17.8      (b) The trust account must be credited with:  
 17.9      (1) general fund appropriations for that purpose; 
 17.10     (2) transfers from the ambulance service personnel 
 17.11  longevity award and incentive suspense account; and 
 17.12     (3) investment earnings on those accumulated proceeds.  The 
 17.13  assets and income of the trust account must be held and managed 
 17.14  by the commissioner of finance and the state board of investment 
 17.15  for the benefit of the state of Minnesota and its general 
 17.16  creditors. 
 17.17     (c) The suspense account must be credited with transfers 
 17.18  from the excess ~~contributions~~ police state-aid holding account 
 17.19  established in section ~~353.65, subdivision 7~~ 69.021, subdivision 
 17.20  11, any per-year-of-service allocation under section 144C.07, 
 17.21  subdivision 2, paragraph (c), that was not made for an 
 17.22  individual, and investment earnings on those accumulated 
 17.23  proceeds.  The suspense account must be managed by the 
 17.24  commissioner of finance and the state board of investment.  From 
 17.25  the suspense account to the trust account there must be 
 17.26  transferred to the ambulance service personnel longevity award 
 17.27  and incentive trust account, as the suspense account balance 
 17.28  permits, the following amounts: 
 17.29     (1) an amount equal to any general fund appropriation to 
 17.30  the ambulance service personnel longevity award and incentive 
 17.31  trust account for that fiscal year; and 
 17.32     (2) an amount equal to the percentage of the remaining 
 17.33  balance in the account after the deduction of the amount under 
 17.34  clause (1), as specified for the applicable fiscal year: 
 17.35            Fiscal year            Percentage  
 17.36              1995                    20  
 18.1               1996                    40 
 18.2               1997                    50 
 18.3               1998                    60 
 18.4               1999                    70 
 18.5               2000                    80 
 18.6               2001                    90 
 18.7               2002 and thereafter    100 
 18.8      Sec. 32.  Minnesota Statutes 1994, section 192.501, as 
 18.9   amended by Laws 1995, chapter 186, section 48, is amended to 
 18.10  read: 
 18.11     192.501 [FINANCIAL INCENTIVES FOR NATIONAL GUARD MEMBERS.] 
 18.12     ~~Subdivision 1.  [REENLISTMENT BONUS.] (a) The adjutant~~ 
 18.13  ~~general shall establish a program providing a reenlistment bonus~~ 
 18.14  ~~for members of the Minnesota national guard in accordance with~~ 
 18.15  ~~this section.  An active member of the Minnesota national guard~~ 
 18.16  ~~serving satisfactorily, as defined by the adjutant general,~~ 
 18.17  ~~shall be paid $250 per year for reenlisting in the Minnesota~~ 
 18.18  ~~national guard.~~ 
 18.19     ~~(b) A member must reenlist in the Minnesota national guard~~ 
 18.20  ~~for a minimum of three years.~~  
 18.21     ~~(c) A member is eligible for subsequent reenlistment~~ 
 18.22  ~~bonuses to the extent that total years of bonus eligibility are~~ 
 18.23  ~~limited to 12 years.~~  
 18.24     ~~(d) Bonus payments shall be paid in the month prior to the~~ 
 18.25  ~~anniversary of a member's current reenlistment.~~  
 18.26     ~~(e) A member electing to receive tuition assistance under~~ 
 18.27  ~~subdivision 2, shall forfeit the reenlistment bonus for the~~ 
 18.28  ~~years that the tuition assistance is provided.~~ 
 18.29     Subd. 1a.  [ENLISTMENT BONUS PROGRAM.] (a) The adjutant 
 18.30  general may establish within the limitations of this subdivision 
 18.31  a program to provide enlistment bonuses to eligible prospects 
 18.32  who become members of the Minnesota national guard. 
 18.33     (b) Eligibility for the bonus is limited to a candidate who:
 18.34     (1) has expertise, qualifications, or potential for 
 18.35  military service deemed by the adjutant general as sufficiently 
 18.36  important to the readiness of the national guard or a unit of 
 19.1   the national guard to warrant the payment of a bonus in an 
 19.2   amount to generally encourage the candidate's enlistment in the 
 19.3   national guard; 
 19.4      (2) joins the national guard as an enlisted member, as 
 19.5   defined in section 190.05, subdivision 6; and 
 19.6      (3) serves satisfactorily during the period of, and 
 19.7   completes, the person's initial entry training, if applicable. 
 19.8      The adjutant general may, within the limitations of this 
 19.9   paragraph and other applicable laws, determine additional 
 19.10  eligibility criteria for the bonus, and must specify all of the 
 19.11  criteria in regulations and publish changes as necessary. 
 19.12     (c) The enlistment bonus payments must be made on a 
 19.13  schedule that is determined and published in department 
 19.14  regulations by the adjutant general. 
 19.15     (d) If a member fails to complete a term of enlistment for 
 19.16  which a bonus was paid, the adjutant general may seek to recoup 
 19.17  a prorated amount of the bonus as determined by the adjutant 
 19.18  general. 
 19.19     Subd. 1b.  [REENLISTMENT BONUS PROGRAM.] (a) The adjutant 
 19.20  general may establish a program to provide a reenlistment bonus 
 19.21  to eligible members of the Minnesota national guard who extend 
 19.22  their enlistment in the national guard within the limitations of 
 19.23  this subdivision. 
 19.24     (b) Eligibility for the bonus is limited to an enlisted 
 19.25  member of the national guard, as defined in section 190.05, 
 19.26  subdivision 6, who: 
 19.27     (1) is serving satisfactorily as determined by the adjutant 
 19.28  general; 
 19.29     (2) has 12 or fewer years of service creditable for 
 19.30  retirement; and 
 19.31     (3) has military training and expertise deemed by the 
 19.32  adjutant general as sufficiently important to the readiness of 
 19.33  the national guard or a unit of the national guard to warrant 
 19.34  the payment of a bonus in an amount to generally encourage the 
 19.35  member's reenlistment in the national guard. 
 19.36     The adjutant general may, within the limitations of this 
 20.1   paragraph and other applicable laws, determine additional 
 20.2   eligibility criteria for the bonus, and must specify all of the 
 20.3   criteria in regulations and publish changes as necessary. 
 20.4      (c) The reenlistment bonus payments must be made on a 
 20.5   schedule that is determined and published in department 
 20.6   regulations by the adjutant general. 
 20.7      (d) If a member fails to complete a term of reenlistment 
 20.8   for which a bonus was paid, the adjutant general may seek to 
 20.9   recoup a prorated amount of the bonus as determined by the 
 20.10  adjutant general. 
 20.11     Subd. 2.  [TUITION AND TEXTBOOK REIMBURSEMENT GRANT 
 20.12  PROGRAM.] (a) The adjutant general shall establish a 
 20.13  program ~~providing~~ to provide tuition and textbook reimbursement 
 20.14  ~~for~~ grants to eligible members of the Minnesota national 
 20.15  guard ~~in accordance with this section.  An active member of the~~ 
 20.16  ~~Minnesota national guard serving satisfactorily, as defined by~~ 
 20.17  ~~the adjutant general, shall be reimbursed for tuition paid to a~~ 
 20.18  ~~post-secondary education institution as defined by section~~ 
 20.19  ~~136A.15, subdivision 5, upon proof of satisfactory completion of~~ 
 20.20  ~~course work~~ within the limitations of this subdivision. 
 20.21     (b) ~~In the case of tuition paid to a public institution~~ 
 20.22  ~~located in Minnesota, including any vocational or technical~~ 
 20.23  ~~school, tuition is limited to an amount equal to 50 percent of~~ 
 20.24  ~~the cost of tuition at that public institution, except as~~ 
 20.25  ~~provided in this section.  In the case of tuition paid to a~~ 
 20.26  ~~Minnesota private institution or vocational or technical school~~ 
 20.27  ~~or a public or private institution or vocational or technical~~ 
 20.28  ~~school not located in Minnesota, reimbursement~~ Eligibility is 
 20.29  limited to a member of the national guard who: 
 20.30     (1) is serving satisfactorily as defined by the adjutant 
 20.31  general; 
 20.32     (2) is attending a post-secondary educational institution, 
 20.33  as defined by section 136A.15, subdivision 6, including a 
 20.34  vocational or technical school operated or regulated by this 
 20.35  state or another state or province; and 
 20.36     (3) provides proof of satisfactory completion of 
 21.1   coursework, as defined by the adjutant general. 
 21.2      In addition, if a member of the Minnesota national guard is 
 21.3   killed in the line of state active service or federally funded 
 21.4   state active service, as defined in section 190.05, subdivisions 
 21.5   5a and 5b, the member's surviving spouse, and any surviving 
 21.6   dependent who has not yet reached 24 years of age, shall be 
 21.7   eligible for a tuition and textbook reimbursement grant. 
 21.8      The adjutant general may, within the limitations of this 
 21.9   paragraph and other applicable laws, determine additional 
 21.10  eligibility criteria for the grant, and must specify the 
 21.11  criteria in department regulations and publish changes as 
 21.12  necessary. 
 21.13     (c) The amount of a tuition and textbook reimbursement 
 21.14  grant must be specified on a schedule as determined and 
 21.15  published in department regulations by the adjutant general, but 
 21.16  is limited to ~~50~~ a maximum of an amount equal to 75 percent of 
 21.17  the cost of tuition for lower division programs in the college 
 21.18  of liberal arts at the twin cities campus of the University of 
 21.19  Minnesota in the most recent academic year, except ~~as provided~~ 
 21.20  ~~in this section.~~ 
 21.21     ~~(c) If a member of the Minnesota national guard is killed~~ 
 21.22  ~~in the line of state active service or federally funded state~~ 
 21.23  ~~active service as defined in section 190.05, subdivision 5b, the~~ 
 21.24  ~~state shall reimburse~~ that in the case of a survivor as defined 
 21.25  in paragraph (b), the amount of the tuition and textbook 
 21.26  reimbursement grant for coursework satisfactorily completed by 
 21.27  the person shall be limited to 100 percent of the cost of 
 21.28  tuition for post-secondary courses ~~satisfactorily completed by~~ 
 21.29  ~~any surviving spouse and any surviving dependents who are 23~~ 
 21.30  ~~years old or younger.  Reimbursement for surviving spouses and~~ 
 21.31  ~~dependents is limited in amount and duration as is reimbursement~~ 
 21.32  ~~for the national guard member~~ at a Minnesota public educational 
 21.33  institution. 
 21.34     Paragraph (b) notwithstanding, a person is no longer 
 21.35  eligible for a grant under this subdivision once the person has 
 21.36  received grants under this subdivision for the equivalent of 208 
 22.1   quarter credits or 144 semester credits of coursework. 
 22.2      (d) ~~The amount of tuition reimbursement for each eligible~~ 
 22.3   ~~individual shall be determined by the adjutant general according~~ 
 22.4   ~~to rules formulated within 30 days of June 4, 1989.~~  Tuition and 
 22.5   textbook reimbursement grants received under this ~~section~~ 
 22.6   subdivision shall not be considered by the Minnesota higher 
 22.7   education services office or by any other state board, 
 22.8   commission, or entity in determining a person's eligibility for 
 22.9   a scholarship or grant-in-aid under sections 136A.095 to 
 22.10  136A.1311. 
 22.11     (e) If a member fails to complete a term of enlistment 
 22.12  during which a tuition and textbook reimbursement grant was 
 22.13  paid, the adjutant general may seek to recoup a prorated amount 
 22.14  as determined by the adjutant general. 
 22.15     Subd. 3.  [RECORDKEEPING~~; RECRUITMENT~~ AND ~~RETENTION; FISCAL~~ 
 22.16  ~~MANAGEMENT~~ REPORTING.] The ~~department of military affairs~~ 
 22.17  ~~shall~~ adjutant general must keep an accurate record of the 
 22.18  recipients ~~of the reenlistment bonus and tuition reimbursement~~ 
 22.19  ~~programs.  The department shall report to the legislature on the~~ 
 22.20  ~~effectiveness of the reenlistment bonus and tuition~~ 
 22.21  ~~reimbursement programs in retaining and recruiting members for~~ 
 22.22  ~~the Minnesota National Guard.  The report to the legislature~~ 
 22.23  ~~shall be made by January 1 of each year.  The report shall~~ 
 22.24  ~~include a review of the effect that the reenlistment bonus and~~ 
 22.25  ~~tuition reimbursement programs have on the enlistment and~~ 
 22.26  ~~reenlistment of national guard members.  The report shall~~ 
 22.27  ~~include an accurate record of the effect that both the tuition~~ 
 22.28  ~~reimbursement program and the reenlistment bonus program have on~~ 
 22.29  ~~the recruitment and retention of members by~~ and benefits paid 
 22.30  under this section, and must report this information in the 
 22.31  agency performance report, including information regarding the 
 22.32  rank, unit location, race, and ~~sex~~ gender. 
 22.33     By January 16 of each year, the adjutant general must 
 22.34  provide copies of the regulations developed under this section 
 22.35  to the chairs of the house and senate policy committees 
 22.36  responsible for the national guard. 
 23.1      The department of military affairs shall make a specific 
 23.2   effort to recruit and ~~retain~~ reenlist women and members of 
 23.3   minority groups into the national guard through the use of the 
 23.4   ~~tuition reimbursement and reenlistment bonus~~ financial 
 23.5   incentives authorized by the programs in this section. 
 23.6      Sec. 33.  Minnesota Statutes 1995 Supplement, section 
 23.7   240A.08, is amended to read: 
 23.8      240A.08 [APPROPRIATION.] 
 23.9      (a) $750,000 is appropriated annually from the general fund 
 23.10  to the Minnesota amateur sports commission for the purpose of 
 23.11  entering into long-term leases, use, or other agreements with 
 23.12  the metropolitan sports facilities commission for the conduct of 
 23.13  amateur sports activities at the basketball and hockey arena, 
 23.14  consistent with the purposes set forth in this chapter, 
 23.15  including (1) stimulating and promoting amateur sports, (2) 
 23.16  promoting physical fitness by promoting participation in sports, 
 23.17  (3) promoting the development of recreational amateur sport 
 23.18  opportunities and activities, and (4) promoting local, regional, 
 23.19  national, and international amateur sport competitions and 
 23.20  events.  The amateur sports commission shall determine what 
 23.21  constitutes amateur sports activities as provided in this 
 23.22  chapter as of March 1, 1995.  The metropolitan sports facilities 
 23.23  commission may allocate at least 25 but no more than 50 dates a 
 23.24  year for the conduct of amateur sports activities at the 
 23.25  basketball and hockey arena by the amateur sports commission.  
 23.26  At least 12 of the dates must be on a Friday, Saturday, or 
 23.27  Sunday.  The amateur sports commission may sell a date at the 
 23.28  arena to another group for any purpose.  Revenue from sale of 
 23.29  these dates is appropriated to the amateur sports commission for 
 23.30  purposes listed in section 240A.04.  If any amateur sports 
 23.31  activities conducted by the amateur sports commission at the 
 23.32  basketball and hockey arena are restricted to participants of 
 23.33  one gender, an equal number of activities on comparable days of 
 23.34  the week must be conducted for participants of the other gender, 
 23.35  but not necessarily in the same year.  The legislature reserves 
 23.36  the right to repeal or amend this appropriation, and does not 
 24.1   intend this appropriation to create public debt. 
 24.2      (b) The amateur sports commission shall not transmit to the 
 24.3   operator of the basketball and hockey arena payment of any 
 24.4   event-related costs or expenses, including, but not limited to, 
 24.5   personnel, labor, services, equipment, utilities, or supplies 
 24.6   attributable to the events unless and until the operator has 
 24.7   demonstrated, to the satisfaction of the amateur sports 
 24.8   commission, the basis for each specific cost or expense and the 
 24.9   means by which the costs and expenses were determined. 
 24.10     (c) The amateur sports commission may use any ticket system 
 24.11  as may be in place from time to time at the basketball and 
 24.12  hockey arena, provided that any royalty or rebate fees or 
 24.13  charges or surcharges on tickets received by the operator of the 
 24.14  arena from third parties must be credited against event-related 
 24.15  costs or expenses. 
 24.16     (d) In the establishment of event-related costs to be 
 24.17  imposed upon the amateur sports commission, the operator of the 
 24.18  basketball and hockey arena shall provide the amateur sports 
 24.19  commission with the maximum discount that the operator has 
 24.20  supplied to any other sponsor of a similar amateur sports event 
 24.21  in the arena within the 180-day period immediately preceeding 
 24.22  the date of the amateur sports commission event. 
 24.23     (e) The amateur sports commission must report by August 1 
 24.24  each year to the chairs of the house and senate state government 
 24.25  finance divisions on compliance with this section and on the 
 24.26  total value of dates and ancillary services, and revenue derived 
 24.27  from resale of dates, during the previous state fiscal year. 
 24.28     (f) The attorney general, on behalf of the amateur sports 
 24.29  commission, must pursue collection of monetary damages from the 
 24.30  operator of the arena if the operator fails to comply with the 
 24.31  requirements of this section. 
 24.32     (g) The books, records, documents, accounting procedures, 
 24.33  and practices of the metropolitan sports facilities commission, 
 24.34  the Minneapolis community development agency, and any 
 24.35  corporation with which the Minnesota amateur sports commission 
 24.36  may contract for use of the basketball and hockey arena are 
 25.1   available for review by the Minnesota amateur sports commission, 
 25.2   the legislative auditor, and the chairs of the state government 
 25.3   finance divisions of the senate and the house of 
 25.4   representatives, subject to chapter 13 and section 473.598, 
 25.5   subdivision 4. 
 25.6      Sec. 34.  Minnesota Statutes 1994, section 363.071, 
 25.7   subdivision 7, is amended to read: 
 25.8      Subd. 7.  [LITIGATION AND HEARING COSTS.] The 
 25.9   administrative law judge shall order a respondent who is 
 25.10  determined to have engaged in an unfair discriminatory practice 
 25.11  to reimburse the department and the attorney general for all 
 25.12  appropriate litigation and hearing costs expended in preparing 
 25.13  for and conducting the hearing, unless payment of the costs 
 25.14  would impose a financial hardship on the respondent.  
 25.15  Appropriate costs include but are not limited to the costs of 
 25.16  services rendered by the attorney general, private attorneys if 
 25.17  engaged by the department, administrative law judges, court 
 25.18  reporters, and expert witnesses as well as the costs of 
 25.19  transcripts and other necessary supplies and materials. 
 25.20     Money reimbursed to the department of human rights under 
 25.21  this subdivision must be paid into the state treasury and 
 25.22  credited to a special revenue account.  Money in that account is 
 25.23  appropriated to the commissioner of human rights to the extent 
 25.24  the reimbursements were made to cover the department's costs and 
 25.25  are available for the department's activities in enforcing the 
 25.26  Minnesota human rights act. 
 25.27     Sec. 35.  Minnesota Statutes 1994, section 423A.02, is 
 25.28  amended by adding a subdivision to read: 
 25.29     Subd. 1b.  [ADDITIONAL AMORTIZATION STATE AID.] Annually, 
 25.30  on October 1, the commissioner of revenue shall allocate the 
 25.31  additional amortization state aid transferred under section 
 25.32  69.021, subdivision 11, to: 
 25.33     (1) all police or salaried firefighter relief associations 
 25.34  governed by and in full compliance with the requirements of 
 25.35  section 69.77, that had an unfunded actuarial accrued liability 
 25.36  in the actuarial valuation prepared under sections 356.215 and 
 26.1   356.216 as of the preceding December 31; and 
 26.2      (2) all local police or salaried firefighter consolidation 
 26.3   accounts governed by chapter 353A that are certified by the 
 26.4   executive director of the public employees retirement 
 26.5   association as having for the current fiscal year an additional 
 26.6   municipal contribution amount under section 353A.09, subdivision 
 26.7   5, paragraph (b), and that have implemented section 353A.083, 
 26.8   subdivision 1, if the effective date of the consolidation 
 26.9   preceded May 24, 1993, and that have implemented section 
 26.10  353A.083, subdivision 2, if the effective date of the 
 26.11  consolidation preceded June 1, 1995. 
 26.12     The commissioner shall allocate the state aid on the basis 
 26.13  of the proportional share of the relief association or 
 26.14  consolidation account of the total unfunded actuarial accrued 
 26.15  liability of all recipient relief associations and consolidation 
 26.16  accounts as of December 31, 1993, for relief associations, and 
 26.17  as of June 30, 1994, for consolidation accounts. 
 26.18     Sec. 36.  Laws 1995, chapter 254, article 1, section 11, 
 26.19  subdivision 8, is amended to read: 
 26.20  Subd. 8.  Public Broadcasting 
 26.21       3,054,000      3,054,000 
 26.22  $1,450,000 the first year and 
 26.23  $1,450,000 the second year are for 
 26.24  matching grants for public television.  
 26.25  Public television grant recipients 
 26.26  shall give special emphasis to 
 26.27  children's programming.  In addition, 
 26.28  public television grant recipients 
 26.29  shall promote program and outreach 
 26.30  initiatives that attempt to reduce 
 26.31  youth violence in our communities.  
 26.32  $600,000 the first year and $600,000 
 26.33  the second year are for public 
 26.34  television equipment needs.  Equipment 
 26.35  grant allocations shall be made after 
 26.36  considering the recommendations of the 
 26.37  Minnesota public television association.
 26.38  $320,000 the first year and $320,000 
 26.39  the second year are for community 
 26.40  service grants to public educational 
 26.41  radio stations, which must be allocated 
 26.42  after considering the recommendations 
 26.43  of the Association of Minnesota Public 
 26.44  Educational Radio Stations under 
 26.45  Minnesota Statutes, section 129D.14. 
 26.46  $494,000 the first year and $494,000 
 26.47  the second year are for equipment 
 27.1   grants to public radio stations.  These 
 27.2   grants must be allocated after 
 27.3   considering the recommendations of the 
 27.4   Association of Minnesota Public 
 27.5   Educational Radio Stations and 
 27.6   Minnesota Public Radio, Inc. 
 27.7   $15,000 each year is for a grant to the 
 27.8   association of Minnesota public 
 27.9   education radio stations for station 
 27.10  KMOJ.  This money may be used for 
 27.11  equipment. 
 27.12  $150,000 the first year and $150,000 
 27.13  the second year are for grants for 
 27.14  public information television 
 27.15  transmission of legislative 
 27.16  activities.  At least one-half must go 
 27.17  for programming to be broadcast in 
 27.18  rural Minnesota. 
 27.19  $25,000 the first year and $25,000 the 
 27.20  second year are for grants to the Twin 
 27.21  Cities regional cable channel. 
 27.22  If an appropriation for either year for 
 27.23  grants to public television or radio 
 27.24  stations is not sufficient, the 
 27.25  appropriation for the other year is 
 27.26  available for it. 
 27.27     Sec. 37.  [ADDITIONAL MUNICIPAL CERTIFICATION TO ACCOMPANY 
 27.28  1996 POLICE STATE AID APPLICATION FORM.] 
 27.29     In addition to the information required to be provided by 
 27.30  municipalities and counties in order to receive police state aid 
 27.31  under Minnesota Statutes, sections 69.011 to 69.051, every 
 27.32  potential recipient of the 1996 allocation of police state aid 
 27.33  must certify the following information as a condition of receipt 
 27.34  of police state aid in 1996: 
 27.35     (1) the number of licensed police officers employed by the 
 27.36  municipality or county with public employees police and fire 
 27.37  plan pension coverage during calendar year 1995; 
 27.38     (2) the covered payroll of the employees described in 
 27.39  clause (1) for calendar year 1995; 
 27.40     (3) the amount of employer contributions to the public 
 27.41  employees police and fire plan made by the municipality or 
 27.42  county regarding the employees described in clause (1) for 
 27.43  calendar year 1995; 
 27.44     (4) the number of firefighters employed by the municipality 
 27.45  or county with public employees police and fire plan pension 
 27.46  coverage during calendar year 1995; 
 28.1      (5) the annual covered payroll of the employees described 
 28.2   in clause (4) for calendar year 1995; and 
 28.3      (6) the amount of employer contributions to the public 
 28.4   employees police and fire plan made by the municipality or 
 28.5   county regarding the employees described in clause (4) for 
 28.6   calendar year 1995. 
 28.7      Sec. 38.  [REPORT ON CERTAIN POLICE STATE-AID REIMBURSEMENT 
 28.8   PRACTICES.] 
 28.9      (a) Using the information reported under section 37, the 
 28.10  commissioner of revenue and the executive director of the public 
 28.11  employees retirement association jointly shall report, by 
 28.12  November 1, 1996, to the chair of the legislative commission on 
 28.13  pensions and retirement on the number of salaried firefighters 
 28.14  for whom the employer contribution to the public employees 
 28.15  police and fire plan was reimbursed in 1995 in the police 
 28.16  state-aid program, the employing units involved, and the amount 
 28.17  of 1995 police state aid involved for each employing unit. 
 28.18     (b) With the benefit of the reported information provided 
 28.19  under paragraph (a), the legislative commission on pensions and 
 28.20  retirement shall study the issue of the use of police state aid 
 28.21  to fund the employer contribution to the public employees police 
 28.22  and fire fund for local government firefighters and shall, by 
 28.23  March 1, 1997, report the results of its study and any 
 28.24  recommendations in the form of proposed legislation to the chair 
 28.25  of the committee on governmental operations of the house of 
 28.26  representatives, the chair of the committee on ways and means of 
 28.27  the house of representatives, the chair of the committee on 
 28.28  governmental operations and veterans of the senate, and the 
 28.29  chair of the committee on finance of the senate. 
 28.30     Sec. 39.  [STATEWIDE SYSTEMS ACCOUNT.] 
 28.31     Subdivision 1.  [CREATION.] The statewide systems account 
 28.32  is a separate account in the general fund.  All money resulting 
 28.33  from billings for statewide systems services must be deposited 
 28.34  in the account.  For the purposes of this section, statewide 
 28.35  systems includes the state accounting system, payroll system, 
 28.36  human resources system, procurement system, and related 
 29.1   information access systems. 
 29.2      Subd. 2.  [BILLING PROCEDURES.] The commissioner may bill 
 29.3   up to $6,400,000 in fiscal year 1997 for statewide systems 
 29.4   services provided to state agencies, judicial branch agencies, 
 29.5   the University of Minnesota, the Minnesota state colleges and 
 29.6   universities, and other entities.  Billing must be based only on 
 29.7   usage of services relating to statewide systems provided by the 
 29.8   intertechnologies division.  Each agency shall transfer from 
 29.9   agency operating appropriations to the statewide systems account 
 29.10  the amount billed by the commissioner.  Billing policies and 
 29.11  procedures related to statewide systems services must be 
 29.12  developed by the commissioner of finance in consultation with 
 29.13  the commissioners of employee relations and administration, the 
 29.14  University of Minnesota, and the Minnesota state colleges and 
 29.15  universities. 
 29.16     Subd. 3.  [APPROPRIATION.] Money transferred into the 
 29.17  account is appropriated to the commissioner of finance to pay 
 29.18  for statewide systems services during fiscal year 1997. 
 29.19     Sec. 40.  [STATE-OWNED PASSENGER VEHICLE STUDY.] 
 29.20     The commissioner of administration shall study and make 
 29.21  recommendations to the chairs of the house and senate 
 29.22  governmental operations committees by January 15, 1997, 
 29.23  regarding strategies to achieve better management control of 
 29.24  state-owned passenger vehicles.  The study and recommendations 
 29.25  shall specifically address opportunities for further 
 29.26  consolidating the state's passenger vehicle fleets. 
 29.27     Sec. 41.  [REPEALER.] 
 29.28     Minnesota Statutes 1995 Supplement, section 353.65, 
 29.29  subdivision 7, is repealed. 
 29.30     Sec. 42.  [EFFECTIVE DATE.] 
 29.31     This act is effective the day following final enactment, 
 29.32  except that sections 2, 9, 11, 26 to 32, and 41 are effective 
 29.33  July 1, 1996.