HF 2037

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/04/2010 11:19am

A bill for an act
relating to state government; moving appropriations of general fund dedicated
revenues to other funds; amending Minnesota Statutes 2008, sections 3.9741,
subdivision 2; 8.15, subdivision 3; 13.03, subdivision 10; 16C.23, subdivision
6; 103B.101, subdivision 9; 103I.681, subdivision 11; 116J.551, subdivision 1;
190.32; 260C.331, subdivision 6; 299C.48; 299E.02; 446A.086, subdivision 2;
469.177, subdivision 11; 609.3241; 611.20, subdivision 3; Minnesota Statutes
2009 Supplement, section 270.97; Laws 1994, chapter 531, section 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 3.9741, subdivision 2, is amended to read:

Subd. 2.

Postsecondary Education Board.

The legislative auditor may enter into
an interagency agreement with the Board of Trustees of the Minnesota State Colleges and
Universities to conduct financial audits, in addition to audits conducted under section
3.972, subdivision 2. All payments received for audits requested by the board shall be
deleted text begin added to the appropriation for deleted text end new text begin deposited in the special revenue fund and appropriated to new text end
the legislative auditor new text begin to pay audit expenses new text end .

Sec. 2.

Minnesota Statutes 2008, section 8.15, subdivision 3, is amended to read:

Subd. 3.

Agreements.

(a) To facilitate the delivery of legal services, the attorney
general may:

(1) enter into agreements with executive branch agencies, political subdivisions, or
quasi-state agencies to provide legal services for the benefit of the citizens of Minnesota;
and

(2) in addition to funds otherwise appropriated by the legislature, accept and spend
funds received under any agreement authorized in clause (1) for the purpose set forth in
clause (1), subject to a report of receipts to the chairs of the senate Finance Committee and
the house of representatives Ways and Means Committee by October 15 each year.

(b) When entering into an agreement for legal services, the attorney general must
notify the committees responsible for funding the Office of the Attorney General. When
the attorney general enters into an agreement with a state agency, the attorney general
must also notify the committees responsible for funding that agency.

Funds received under this subdivision must be deposited in deleted text begin the general deleted text end new text begin an account in
the special revenue new text end fund and are appropriated to the attorney general for the purposes set
forth in this subdivision.

Sec. 3.

Minnesota Statutes 2008, section 13.03, subdivision 10, is amended to read:

Subd. 10.

Costs for providing copies of data.

Money new text begin may be new text end collected by a
responsible authority in a state agency for the actual cost to the agency of providing
copies or electronic transmittal of government data deleted text begin is appropriated to the agency and
added to the appropriations from which the costs were paid deleted text end . new text begin When funds collected for
purposes in this subdivision are of a magnitude sufficient to warrant a separate account in
the state treasury, those funds shall be deposited in a fund other than the general fund and
are appropriated to the agency.
new text end

Sec. 4.

Minnesota Statutes 2008, section 16C.23, subdivision 6, is amended to read:

Subd. 6.

State surplus property.

The commissioner may do any of the following to
dispose of state surplus property:

(1) transfer it to or between state agencies;

(2) transfer it to a governmental unit or nonprofit organization in Minnesota; or

(3) sell it and charge a fee to cover expenses incurred by the commissioner in the
disposal of the surplus property.

The proceeds of the sale less the fee new text begin must be deposited in an account in a fund other
than the general fund and new text end are appropriated to the agency for whose account the sale was
made, to be used and expended by that agency to purchase similar state property.

Sec. 5.

Minnesota Statutes 2008, section 103B.101, subdivision 9, is amended to read:

Subd. 9.

Powers and duties.

In addition to the powers and duties prescribed
elsewhere, the board shall:

(1) coordinate the water and soil resources planning activities of counties, soil and
water conservation districts, watershed districts, watershed management organizations,
and any other local units of government through its various authorities for approval of
local plans, administration of state grants, and by other means as may be appropriate;

(2) facilitate communication and coordination among state agencies in cooperation
with the Environmental Quality Board, and between state and local units of government,
in order to make the expertise and resources of state agencies involved in water and soil
resources management available to the local units of government to the greatest extent
possible;

(3) coordinate state and local interests with respect to the study in southwestern
Minnesota under United States Code, title 16, section 1009;

(4) develop information and education programs designed to increase awareness
of local water and soil resources problems and awareness of opportunities for local
government involvement in preventing or solving them;

(5) provide a forum for the discussion of local issues and opportunities relating
to water and soil resources management;

(6) adopt an annual budget and work program that integrate the various functions
and responsibilities assigned to it by law; and

(7) report to the governor and the legislature by October 15 of each even-numbered
year with an assessment of board programs and recommendations for any program
changes and board membership changes necessary to improve state and local efforts
in water and soil resources management.

The board may accept grants, gifts, donations, or contributions in money, services,
materials, or otherwise from the United States, a state agency, or other source to achieve
an authorized purpose. The board may enter into a contract or agreement necessary or
appropriate to accomplish the transfer. The board may receive and expend money to
acquire conservation easements, as defined in chapter 84C, on behalf of the state and
federal government consistent with the Camp Ripley's Army Compatible Use Buffer
Project.

Any money received is hereby new text begin deposited in an account in a fund other than the
general fund and new text end appropriated and dedicated for the purpose for which it is granted.

Sec. 6.

Minnesota Statutes 2008, section 103I.681, subdivision 11, is amended to read:

Subd. 11.

Permit fee schedule.

(a) The commissioner of natural resources shall
adopt a permit fee schedule under chapter 14. The schedule may provide minimum fees
for various classes of permits, and additional fees, which may be imposed subsequent
to the application, based on the cost of receiving, processing, analyzing, and issuing
the permit, and the actual inspecting and monitoring of the activities authorized by the
permit, including costs of consulting services.

(b) A fee may not be imposed on a state or federal governmental agency applying
for a permit.

(c) The fee schedule may provide for the refund of a fee, in whole or in part, under
circumstances prescribed by the commissioner of natural resources. Fees received must
be deposited in the state treasury and credited to deleted text begin the general deleted text end new text begin an account in the natural
resources new text end fund. Permit fees received are appropriated annually from the deleted text begin general deleted text end new text begin natural
resources new text end fund to the commissioner of natural resources for the costs of inspecting and
monitoring the activities authorized by the permit, including costs of consulting services.

Sec. 7.

Minnesota Statutes 2008, section 116J.551, subdivision 1, is amended to read:

Subdivision 1.

Grant account.

A contaminated site cleanup and development grant
account is created in the deleted text begin general deleted text end new text begin special revenue new text end fund. Money in the account may be used,
as appropriated by law, to make grants as provided in section 116J.554 and to pay for the
commissioner's costs in reviewing applications and making grants. Notwithstanding
section 16A.28, money appropriated to the account for this program from any source
is available until spent.

Sec. 8.

Minnesota Statutes 2008, section 190.32, is amended to read:

190.32 FEDERAL REIMBURSEMENT RECEIPTS.

The Department of Military Affairs may deposit federal reimbursement receipts into
deleted text begin the general fund deleted text end new text begin an new text end account new text begin in the special revenue fund new text end , maintenance of military training
facilities. These receipts are for services, supplies, and materials initially purchased by the
Camp Ripley maintenance account.

Sec. 9.

Minnesota Statutes 2008, section 260C.331, subdivision 6, is amended to read:

Subd. 6.

Guardian ad litem fees.

(a) In proceedings in which the court appoints a
guardian ad litem pursuant to section 260C.163, subdivision 5, clause (a), the court may
inquire into the ability of the parents to pay for the guardian ad litem's services and,
after giving the parents a reasonable opportunity to be heard, may order the parents to
pay guardian fees.

(b) In each fiscal year, the commissioner of management and budget shall deposit
guardian ad litem reimbursements in the deleted text begin general deleted text end new text begin special revenue new text end fund and credit them to a
separate account with the trial courts. The balance of this account is appropriated to the
trial courts and does not cancel but is available until expended. Expenditures by the state
court administrator's office from this account must be based on the amount of the guardian
ad litem reimbursements received by the state from the courts in each judicial district.

Sec. 10.

Minnesota Statutes 2009 Supplement, section 270.97, is amended to read:

270.97 DEPOSIT OF REVENUES.

The commissioner shall deposit all revenues derived from the tax, interest, and
penalties received from the county in the contaminated site cleanup and development
account in the deleted text begin general deleted text end new text begin special revenue new text end fund and is annually appropriated to the
commissioner of the Department of Employment and Economic Development, for the
purposes of section 116J.551.

Sec. 11.

Minnesota Statutes 2008, section 299C.48, is amended to read:

299C.48 CONNECTION BY AUTHORIZED AGENCY; FEE,
APPROPRIATION.

(a) An agency authorized under section 299C.46, subdivision 3, may connect with
and participate in the criminal justice data communications network upon approval
of the commissioner of public safety; provided, that the agency shall first agree to pay
installation charges as may be necessary for connection and monthly operational charges
as may be established by the commissioner of public safety. Before participation by a
criminal justice agency may be approved, the agency must have executed an agreement
with the commissioner providing for security of network facilities and restrictions on
access to data supplied to and received through the network.

(b) In addition to any fee otherwise authorized, the commissioner of public safety
shall impose a fee for providing secure dial-up or Internet access for criminal justice
agencies and noncriminal justice agencies. The following monthly fees apply:

(1) criminal justice agency accessing via Internet, $15;

(2) criminal justice agency accessing via dial-up, $35;

(3) noncriminal justice agency accessing via Internet, $35; and

(4) noncriminal justice agency accessing via dial-up, $35.

(c) The installation and monthly operational charges collected by the commissioner
of public safety under paragraphs (a) and (b) new text begin must be deposited in an account in the special
revenue fund and new text end are annually appropriated to the commissioner to administer sections
299C.46 to 299C.50.

Sec. 12.

Minnesota Statutes 2008, section 299E.02, is amended to read:

299E.02 CONTRACT SERVICES; APPROPRIATION.

Fees charged for contracted security services provided by the Capitol Complex
Security Division of the Department of Public Safety new text begin must be deposited in an account in
the special revenue fund and new text end are annually appropriated to the commissioner of public
safety to administer and provide these services.

Sec. 13.

Minnesota Statutes 2008, section 446A.086, subdivision 2, is amended to read:

Subd. 2.

Application.

(a) This section provides a state guarantee of the payment of
principal and interest on debt obligations if:

(1) the obligations are issued after June 30, 2000;

(2) application to the Public Facilities Authority is made before issuance; and

(3) the obligations are covered by an agreement meeting the requirements of
subdivision 3.

(b) Applications to be covered by the provisions of this section must be made in a
form and contain the information prescribed by the authority. Applications are subject to
either a fee of $500 for each bond issue requested by a county or governmental unit or the
applicable fees under section 446A.087.

(c) Application fees paid under this section must be deposited in a separate credit
enhancement bond guarantee account in the deleted text begin general deleted text end new text begin special revenue new text end fund. Money in the
credit enhancement bond guarantee account is appropriated to the authority for purposes
of administering this section.

(d) Neither the authority nor the commissioner is required to promulgate
administrative rules under this section and the procedures and requirements established by
the authority or commissioner under this section are not subject to chapter 14.

Sec. 14.

Minnesota Statutes 2008, section 469.177, subdivision 11, is amended to read:

Subd. 11.

Deduction for enforcement costs; appropriation.

(a) The county
treasurer shall deduct an amount equal to 0.25 percent of any increment distributed to an
authority or municipality. The county treasurer shall pay the amount deducted to the
commissioner of management and budget for deposit in deleted text begin the state general deleted text end new text begin an account in
the special revenue new text end fund.

(b) The amounts deducted and paid under paragraph (a) are appropriated to the state
auditor for the cost of (1) the financial reporting of tax increment financing information
and (2) the cost of examining and auditing of authorities' use of tax increment financing
as provided under section 469.1771, subdivision 1. Notwithstanding section 16A.28 or
any other law to the contrary, this appropriation does not cancel and remains available
until spent.

(c) For taxes payable in 2002 and thereafter, the commissioner of revenue shall
increase the percent in paragraph (a) to a percent equal to the product of the percent in
paragraph (a) and the amount that the statewide tax increment levy for taxes payable in
2002 would have been without the class rate changes in this act and the elimination of
the general education levy in this act divided by the statewide tax increment levy for
taxes payable in 2002.

Sec. 15.

Minnesota Statutes 2008, section 609.3241, is amended to read:

609.3241 PENALTY ASSESSMENT AUTHORIZED.

When a court sentences an adult convicted of violating section 609.322 or 609.324,
while acting other than as a prostitute, the court shall impose an assessment of not less
than $250 and not more than $500 for a violation of section 609.324, subdivision 2, or a
misdemeanor violation of section 609.324, subdivision 3; otherwise the court shall impose
an assessment of not less than $500 and not more than $1,000. The mandatory minimum
portion of the assessment is to be used for the purposes described in section 626.558,
subdivision 2a, and is in addition to the surcharge required by section 357.021, subdivision
6. Any portion of the assessment imposed in excess of the mandatory minimum amount
shall be deleted text begin forwarded to the general deleted text end new text begin deposited in an account in the special revenue new text end fund and
is appropriated annually to the commissioner of public safety. The commissioner, with the
assistance of the General Crime Victims Advisory Council, shall use money received under
this section for grants to agencies that provide assistance to individuals who have stopped
or wish to stop engaging in prostitution. Grant money may be used to provide these
individuals with medical care, child care, temporary housing, and educational expenses.

Sec. 16.

Minnesota Statutes 2008, section 611.20, subdivision 3, is amended to read:

Subd. 3.

Reimbursement.

In each fiscal year, the commissioner of management
and budget shall deposit the payments in the deleted text begin general deleted text end new text begin special revenue new text end fund and credit them
to a separate account with the Board of Public Defense. The amount credited to this
account is appropriated to the Board of Public Defense.

The balance of this account does not cancel but is available until expended.
Expenditures by the board from this account for each judicial district public defense office
must be based on the amount of the payments received by the state from the courts in
each judicial district. A district public defender's office that receives money under this
subdivision shall use the money to supplement office overhead payments to part-time
attorneys providing public defense services in the district. By January 15 of each year,
the Board of Public Defense shall report to the chairs and ranking minority members of
the senate and house of representatives divisions having jurisdiction over criminal justice
funding on the amount appropriated under this subdivision, the number of cases handled
by each district public defender's office, the number of cases in which reimbursements
were ordered, the average amount of reimbursement ordered, and the average amount of
money received by part-time attorneys under this subdivision.

Sec. 17.

Laws 1994, chapter 531, section 1, is amended to read:

Section 1. SALE OF WILDLIFE LANDS.

Notwithstanding Minnesota Statutes, sections 84.027, subdivision 10; 92.45; 94.09
to 94.165; 97A.135; 103F.535, or any other law, the commissioner of administration may
sell lands located in the Gordy Yaeger wildlife management area in Olmsted county. The
consideration for the lands described in sections 2 and 3 shall be $950 per acre. The
conveyances shall be by deleted text begin guitclaim deleted text end new text begin quitclaim new text end deed in a form approved by the attorney
general and shall reserve to the state all minerals and mineral rights. The proceeds received
from the sales are to be deposited in new text begin an account in new text end the deleted text begin general deleted text end new text begin natural resources new text end fund and
are appropriated to the commissioner of natural resources for acquisition of replacement
wildlife management area lands. These sales are pursuant to the recommendation of the
Gordy Yaeger wildlife management area advisory committee.

Sec. 18. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 17 are effective July 1, 2010.
new text end