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The House of Representatives convened at 8:00 a.m. and was called to order by Speaker pro tempore Abrams.

Prayer was offered by the Reverend Steve Loopstra, Executive Director of Prayer Transformation Ministries, Minneapolis, Minnesota.

The National Anthem was sung by Kelly Jahner-Byrne, Mrs. Minnesota 2001.

The members of the House gave the pledge of allegiance to the flag of the United States of America.

The roll was called and the following members were present:

Abeler	Dorn	Holsten	Lieder	Ozment	Swapinski
Abrams	Eastlund	Howes	Lindner	Paulsen	Swenson
Anderson, B.	Entenza	Huntley	Lipman	Pawlenty	Sykora
Anderson, I.	Erhardt	Jacobson	Luther	Paymar	Thompson
Bakk	Erickson	Jaros	Mahoney	Pelowski	Tingelstad
Bernardy	Evans	Jennings	Mares	Penas	Tuma
Biernat	Finseth	Johnson, J.	Mariani	Peterson	Wagenius
Bishop	Folliard	Johnson, R.	Marko	Pugh	Walker
Boudreau	Fuller	Johnson, S.	Marquart	Rhodes	Walz
Bradley	Gerlach	Juhnke	McElroy	Rifenberg	Wasiluk
Buesgens	Gleason	Kahn	McGuire	Rukavina	Wenzel
Carlson	Goodno	Kalis	Milbert	Ruth	Westerberg
Cassell	Goodwin	Kelliher	Molnau	Schumacher	Westrom
Clark, J.	Gray	Kielkucki	Mulder	Seagren	Wilkin
Clark, K.	Greiling	Knoblach	Mullery	Seifert	Winter
Daggett	Gunther	Koskinen	Murphy	Sertich	Wolf
Davids	Haas	Krinkie	Ness	Skoe	Workman
Davnie	Hackbarth	Kubly	Nornes	Skoglund	Spk. Sviggum
Dawkins	Harder	Kuisle	Olson	Slawik
Dehler	Hausman	Larson	Opatz	Smith
Dempsey	Hilstrom	Leighton	Osskopp	Solberg
Dibble	Hilty	Lenczewski	Osthoff	Stanek
Dorman	Holberg	Leppik	Otremba	Stang

A quorum was present.

Vandeveer was excused until 9:35 a.m.

The Chief Clerk proceeded to read the Journal of the preceding day. Erickson moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.

S. F. No. 761 and H. F. No. 546, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

Kubly moved that the rules be so far suspended that S. F. No. 761 be substituted for H. F. No. 546 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1324 and H. F. No. 1997, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

Hilstrom moved that the rules be so far suspended that S. F. No. 1324 be substituted for H. F. No. 1997 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1394 and H. F. No. 1397, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

Tingelstad moved that the rules be so far suspended that S. F. No. 1394 be substituted for H. F. No. 1397 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1666 and H. F. No. 1821, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

Kuisle moved that the rules be so far suspended that S. F. No. 1666 be substituted for H. F. No. 1821 and that the House File be indefinitely postponed. The motion prevailed.

May 3, 2001

Edward A. Burdick

Chief Clerk of the House of Representatives

The State of Minnesota

Dear Mr. Burdick:

House Rule 4.03 requires the Chair of the Committee on Ways and Means to certify to the House of Representatives that the Committee has reconciled any finance and revenue bills with the budget resolution and targets.

Please accept this letter as certification that H. F. Nos. 82 and 1515 reconcile with the budget resolution, the

K-12 Education budget target, and the Family and Early Childhood Finance budget target.

Sincerely,

Representative Dave Bishop

Chair, House Ways and Means Committee

Bishop from the Committee on Ways and Means to which was referred:

H. F. No. 25, A bill for an act relating to state finance; changing the fiscal biennium to begin with even-numbered years; providing that expenditures of federal money must be approved by the legislature; amending Minnesota Statutes 2000, sections 16A.011, subdivision 6; and 16A.152, subdivision 1a; proposing coding for new law in Minnesota Statutes, chapter 16A.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [CONSTITUTIONAL AMENDMENT.]

An amendment to the Minnesota Constitution, article IV, section 12, is proposed to the people. If the amendment is adopted, the section will read:

Sec. 12. The legislature shall meet at the seat of government in regular session in each biennium at the times prescribed by law for not exceeding a total of 120 legislative days. The legislature shall not meet in regular session, nor in any adjournment thereof, after the first Monday following the third Saturday in May of any year. After meeting at a time prescribed by law, the legislature may adjourn to another time. "Legislative day" shall be defined by law. A special session of the legislature may be called by the governor or by the legislature on extraordinary occasions. The legislature shall prescribe by law the process by which the legislature can call itself into special session.

Neither house during a session of the legislature shall adjourn for more than three days (Sundays excepted) nor to any other place than that in which the two houses shall be assembled without the consent of the other house.

Sec. 2. [SCHEDULE AND QUESTION.]

The amendment proposed in section 1 must be submitted to the people at the 2002 general election. The question submitted must be:

"Shall the Minnesota Constitution be amended to authorize the legislature to call special legislative sessions on extraordinary occasions?

Yes .......

No ........""

Delete the title and insert:

"A bill for an act proposing an amendment to the Minnesota Constitution, article IV, section 12; authorizing the legislature to call special sessions." 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Rules and Legislative Administration.

The report was adopted.

Bishop from the Committee on Ways and Means to which was referred:

H. F. No. 281, A bill for an act relating to civil commitment; modifying a definition; specifying certain patient rights and examination requirements; expanding voluntary consent procedures; modifying the standard for and collection of information for an emergency hold; requiring certain hearings on neuroleptic medications to be combined with a civil commitment proceeding; amending Minnesota Statutes 2000, sections 253B.02, subdivision 13; 253B.03, subdivisions 5, 10, by adding a subdivision; 253B.04, subdivisions 1, 1a, by adding a subdivision; 253B.05, subdivision 1; 253B.066, subdivision 1; 253B.07, subdivisions 1, 2; 253B.09, subdivision 1.

Reported the same back with the following amendments:

Page 12, after line 26, insert:

"Sec. 13. [EFFECTIVE DATE.]

Sections 1 to 12 are effective July 1, 2002."

With the recommendation that when so amended the bill pass.

The report was adopted.

Bishop from the Committee on Ways and Means to which was referred:

H. F. No. 402, A bill for an act relating to natural disaster assistance; providing disaster relief and mitigation measures for counties designated a major disaster area; appropriating money.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [APPROPRIATIONS.]

Subdivision 1. [ELIGIBILITY.] The sums in this section are appropriated from the general fund for the fiscal years 2002 and 2003, to be spent for disaster relief as specified in this section, in the areas designated under the Presidential Declaration of Major Disaster, DR1333, whether included in the original declaration or added later by federal government amendment. The appropriations are available until June 30, 2003, unless otherwise specified.

Subd. 2. [DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT; PUBLIC INFRASTRUCTURE ASSISTANCE.] $11,000,000 is appropriated to the commissioner of trade and economic development for fiscal years 2002 and 2003 for grants to local units of government to assist with public costs that are not covered by federal disaster programs including damage assessment, repair, replacement, or improvement of publicly owned infrastructure, municipal utilities, parks, storm sewers, and wastewater treatment facilities. This is a one-time appropriation. 

Sec. 2. [EFFECTIVE DATE.]

This act is effective July 1, 2001."

Delete the title and insert:

"A bill for an act relating to natural disaster assistance; providing disaster relief measures for local units of government designated a major disaster area; appropriating money."

With the recommendation that when so amended the bill pass.

The report was adopted.

Bishop from the Committee on Ways and Means to which was referred:

H. F. No. 560, A bill for an act relating to health; providing patient protections; amending Minnesota Statutes 2000, sections 45.027, subdivision 6; 62D.17, subdivision 1; 62J.38; 62M.02, subdivision 21; 62Q.56; and 62Q.58.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2000, section 45.027, subdivision 6, is amended to read:

Subd. 6. [VIOLATIONS AND PENALTIES.] The commissioner may impose a civil penalty not to exceed $10,000 per violation upon a person who violates any law, rule, or order related to the duties and responsibilities entrusted to the commissioner unless a different penalty is specified. If a civil penalty is imposed on a health carrier as defined in section 62A.011, the commissioner must divide 50 percent of the amount among any policy holders or certificate holders affected by the violation, unless the commissioner certifies in writing that the division and distribution to enrollees would be too administratively complex or that the number of enrollees affected by the penalty would result in a distribution of less than $50 per enrollee.

Sec. 2. Minnesota Statutes 2000, section 62D.02, subdivision 8, is amended to read:

Subd. 8. [HEALTH MAINTENANCE CONTRACT.] "Health maintenance contract" means any contract whereby a health maintenance organization agrees to provide comprehensive health maintenance services to enrollees, provided that the contract may contain reasonable enrollee copayment cost-sharing provisions that comply with section 62D.099. An individual or group health maintenance contract may contain the copayment and deductible provisions specified in this subdivision. Copayment and deductible provisions in group contracts shall not discriminate on the basis of age, sex, race, length of enrollment in the plan, or economic status; and during every open enrollment period in which all offered health benefit plans, including those subject to the jurisdiction of the commissioners of commerce or health, fully participate without any underwriting restrictions, copayment and deductible provisions shall not discriminate on the basis of preexisting health status. In no event shall the sum of the annual copayments and deductible exceed the maximum out-of-pocket expenses allowable for a number three qualified plan under section 62E.06, nor shall that sum exceed $5,000 per family. The annual deductible must not exceed $1,000 per person. The annual deductible must not apply to preventive health services as described in Minnesota Rules, part 4685.0801, subpart 8. Where sections 62D.01 to 62D.30 permit a health maintenance organization to contain reasonable copayment provisions for preexisting health status, these provisions may vary with respect to length of enrollment in the plan. Any contract may provide for health care services in addition to those set forth in subdivision 7. 

Sec. 3. [62D.099] [ENROLLEE COST-SHARING.]

Subdivision 1. [COPAYMENTS.] (a) A health maintenance organization may impose coinsurance expressed as percentages, or flat fee copayments as provided in paragraph (b). Under the terms of the health plan, coinsurance may be imposed up to a maximum of 50 percent on the provider amount paid at the time the claim is processed irrespective of any subsequent adjustments that might be made based upon a withhold or year-end settlement. The 50 percent limitation does not apply to services that may be excluded, covered services that the enrollee elects to receive out-of-network or from a broader network, or to nonformulary prescription drugs.

(b) The health maintenance organization may establish predetermined flat fee copayments for categories of similar services or goods. Flat fee copayments based on categories of similar services or goods must be calculated independently for Medicare-related products, individual plans, and group plans. A health maintenance organization may impose a flat fee copayment of up to 50 percent of the median provider's charges for similar services or goods received by enrollees. A health maintenance organization may request the commissioner to approve a copayment which exceeds the 50 percent limitation for prescription drug benefits for Medicare-related products. The request must be made in writing to the commissioner and must include sufficient documentation to demonstrate that the requested copayment is reasonable under this section.

(c) For purposes of this section, a "category of similar services or goods" is any group of related services for which a single copayment is sought. Examples of categories include the following or any subset of the following:

(1) inpatient hospital care;

(2) inpatient physician care;

(3) outpatient health services, which may include, but are not limited to, office visits or outpatient laboratory and radiology;

(4) outpatient surgery, which may include provider and facility charges;

(5) emergency services, which may include provider and facility charges;

(6) outpatient prescription drugs;

(7) skilled nursing care; and

(8) any other nonphysician service categorized singly according to provider type.

(d) To determine the median aggregate charge for a category of similar services, the health maintenance organization must follow the following steps and submit the results to the commissioner for approval of the copayment:

(1) identify all charges for the services or goods for the relevant type of product: Medicare-related, individual, or group. The health maintenance organization may use all charges or may choose a sample of charges from the total population. Any sample used must be randomly selected and large enough to be statistically reliable. "Statistically reliable" means that any other sample drawn in the same manner would produce essentially the same results;

(2) if the health maintenance organization does not use charges that span 12 months, the health maintenance organization must explain how the time period used is sufficient to include seasonal fluctuations in the utilization of services;

(3) a statement that the sample is statistically reliable, with an explanation of how the sample is drawn so that it is representative of the larger health maintenance organization population; and

(4) a narrative description of the services included in the category. 

Subd. 2. [DEDUCTIBLES.] Under the terms of the health plan, deductible amounts may be imposed as follows:

(1) for group health plans, $5,000 per person per year and $10,000 per family per year increased annually in accordance with the medical component of the Consumer Price Index; or

(2) for individual health plans, $10,000 per person per year and $20,000 per family per year increased annually in accordance with the medical component of the Consumer Price Index.

Subd. 3. [ANNUAL OUT-OF-POCKET MAXIMUM AMOUNTS.] A health maintenance organization shall provide for an out-of-pocket maximum on enrollee cost-sharing up to $8,000 per person per year on group health plans and up to $15,000 per person per year on individual health plans. The out-of-pocket maximum amounts shall be adjusted for inflation on an annual basis in accordance with the medical component of the Consumer Price Index.

Sec. 4. Minnesota Statutes 2000, section 62D.17, subdivision 1, is amended to read:

Subdivision 1. [ADMINISTRATIVE PENALTY.] The commissioner of health may, for any violation of statute or rule applicable to a health maintenance organization, or in lieu of suspension or revocation of a certificate of authority under section 62D.15, levy an administrative penalty in an amount up to $25,000 for each violation. In the case of contracts or agreements made pursuant to section 62D.05, subdivisions 2 to 4, each contract or agreement entered into or implemented in a manner which violates sections 62D.01 to 62D.30 shall be considered a separate violation. In determining the level of an administrative penalty, the commissioner shall consider the following factors:

(1) the number of enrollees affected by the violation;

(2) the effect of the violation on enrollees' health and access to health services;

(3) if only one enrollee is affected, the effect of the violation on that enrollee's health;

(4) whether the violation is an isolated incident or part of a pattern of violations; and

(5) the economic benefits derived by the health maintenance organization or a participating provider by virtue of the violation.

Reasonable notice in writing to the health maintenance organization shall be given of the intent to levy the penalty and the reasons therefor, and the health maintenance organization may have 15 days within which to file a written request for an administrative hearing and review of the commissioner of health's determination. Such administrative hearing shall be subject to judicial review pursuant to chapter 14. If an administrative penalty is levied, the commissioner must divide 50 percent of the amount among any enrollees affected by the violation, unless the commissioner certifies in writing that the division and distribution to enrollees would be too administratively complex or that the number of enrollees affected by the penalty would result in a distribution of less than $50 per enrollee.

Sec. 5. Minnesota Statutes 2000, section 62J.38, is amended to read:

62J.38 [COST CONTAINMENT DATA FROM GROUP PURCHASERS.]

(a) The commissioner shall require group purchasers to submit detailed data on total health care spending for each calendar year. Group purchasers shall submit data for the 1993 calendar year by April 1, 1994, and each April 1 thereafter shall submit data for the preceding calendar year.

(b) The commissioner shall require each group purchaser to submit data on revenue, expenses, and member months, as applicable. Revenue data must distinguish between premium revenue and revenue from other sources and must also include information on the amount of revenue in reserves and changes in reserves. Expenditure

data, including raw data from claims, may must distinguish between costs incurred for patient care and administrative costs. Expenditure data must be provided separately for the following categories or and for other categories required by the commissioner: physician services, dental services, other professional services, inpatient hospital services, outpatient hospital services, emergency, pharmacy services and other nondurable medical goods, mental health, and chemical dependency services, other expenditures, subscriber liability, and administrative costs. Administrative costs must include costs for marketing; advertising; overhead; salaries and benefits of central office staff who do not provide direct patient care; underwriting; lobbying; claims processing; provider contracting and credentialing; detection and prevention of payment for fraudulent or unjustified requests for reimbursement or services; clinical quality assurance and other types of medical care quality improvement efforts; concurrent or prospective utilization review as defined in section 62M.02; costs incurred to acquire a hospital, clinic, or health care facility, or the assets thereof; capital costs incurred on behalf of a hospital or clinic; lease payments; or any other costs incurred pursuant to a partnership, joint venture, integration, or affiliation agreement with a hospital, clinic, or other health care provider. Capital costs and costs incurred must be reported according to standard accounting principles. The reports of this data must also separately identify expenses for local, state, and federal taxes, fees, and assessments. The commissioner may require each group purchaser to submit any other data, including data in unaggregated form, for the purposes of developing spending estimates, setting spending limits, and monitoring actual spending and costs. In addition to reporting administrative costs incurred to acquire a hospital, clinic, or health care facility, or the assets thereof; or any other costs incurred pursuant to a partnership, joint venture, integration, or affiliation agreement with a hospital, clinic, or other health care provider, reports submitted under this section also must include the payments made during the calendar year for these purposes.

(c) The commissioner may collect information on:

(1) premiums, benefit levels, managed care procedures, and other features of health plan companies;

(2) prices, provider experience, and other information for services less commonly covered by insurance or for which patients commonly face significant out-of-pocket expenses; and

(3) information on health care services not provided through health plan companies, including information on prices, costs, expenditures, and utilization.

(d) All group purchasers shall provide the required data using a uniform format and uniform definitions, as prescribed by the commissioner.

Sec. 6. Minnesota Statutes 2000, section 62M.02, subdivision 21, is amended to read:

Subd. 21. [UTILIZATION REVIEW ORGANIZATION.] "Utilization review organization" means an entity including but not limited to an insurance company licensed under chapter 60A to offer, sell, or issue a policy of accident and sickness insurance as defined in section 62A.01; a health service plan licensed under chapter 62C; a health maintenance organization licensed under chapter 62D; a community integrated service network licensed under chapter 62N; an accountable provider network operating under chapter 62T; a fraternal benefit society operating under chapter 64B; a joint self-insurance employee health plan operating under chapter 62H; a multiple employer welfare arrangement, as defined in section 3 of the Employee Retirement Income Security Act of 1974 (ERISA), United States Code, title 29, section 1103, as amended; a third party administrator licensed under section 60A.23, subdivision 8, which conducts utilization review and determines certification of an admission, extension of stay, or other health care services for a Minnesota resident; or any entity performing utilization review that is affiliated with, under contract with, or conducting utilization review on behalf of, a business entity in this state. Utilization review organization does not include a clinic or health care system acting pursuant to a written delegation agreement with an otherwise regulated utilization review organization that contracts with the clinic or health care system. The regulated utilization review organization is accountable for the delegated utilization review activities of the clinic or health care system. 

Sec. 7. [62Q.471] [EXCLUSION FOR SUICIDE ATTEMPTS PROHIBITED.]

(a) No health plan may exclude or reduce coverage for health care for an enrollee who is otherwise covered under the health plan on the basis that the need for the health care arose out of a suicide or suicide attempt by the enrollee.

(b) For purposes of this section, "health plan" has the meaning given in section 62Q.01, subdivision 3, but includes the coverages described in section 62A.011, subdivision 3, clauses (7) and (10).

[EFFECTIVE DATE.] This section is effective January 1, 2002, and applies to contracts issued or renewed on or after that date.

Sec. 8. [62Q.527] [COVERAGE OF NONFORMULARY DRUGS FOR MENTAL ILLNESS AND EMOTIONAL DISTURBANCE.]

Subdivision 1. [DEFINITIONS.] (a) For purposes of this section, the following terms have the meanings given to them.

(b) "Emotional disturbance" has the meaning given in section 245.4871, subdivision 15.

(c) "Mental illness" has the meaning given in section 245.462, subdivision 20, paragraph (a).

(d) "Health plan" has the meaning given in section 62Q.01, subdivision 3, but includes the coverages described in section 62A.011, subdivision 3, clauses (7) and (10).

Subd. 2. [REQUIRED COVERAGE FOR ANTIPSYCHOTIC DRUGS.] A health plan that provides drug coverage must provide coverage for an antipsychotic drug prescribed to treat emotional disturbance or mental illness regardless of whether the drug is in the health plan's drug formulary, if the health care provider prescribing the drug indicates to the dispensing pharmacist, orally or in writing according to section 151.21, that the prescription must be dispensed as communicated and certifies in writing to the health plan company that the health care provider has considered any equivalent drug in the health plan's formulary and has determined that the drug prescribed will best treat the patient's condition. A health plan is not required to provide coverage for a drug if the drug was removed from the health plan's drug formulary for safety reasons. For drugs covered under this section, no health plan company that has received the certification from the health care provider may:

(1) impose a special deductible, copayment, coinsurance, or other special payment requirement that the health plan does not apply to drugs that are in the health plan's drug formulary; or

(2) require written certification from the prescribing provider each time a prescription is refilled or renewed that the drug prescribed will best treat the patient's condition.

Subd. 3. [CONTINUING CARE.] (a) Individuals receiving a prescribed drug to treat a diagnosed mental illness or emotional disturbance may continue to receive the prescribed drug for up to one year without the imposition of a special deductible, copayment, coinsurance, or other special payment requirements, when a health plan's drug formulary changes or an enrollee changes health plans and the medication has been shown to effectively treat the patient's condition. In order to be eligible for this continuing care benefit:

(1) the patient must have been treated with the drug for 90 days prior to a change in a health plan's drug formulary or a change in the enrollee's health plan;

(2) the health care provider prescribing the drug indicates to the dispensing pharmacist, orally or in writing according to section 151.21, that the prescription must be dispensed as communicated; and

(3) the health care provider prescribing the drug annually certifies in writing to the health plan company that the drug prescribed will best treat the patient's condition. 

(b) A health plan is not required to provide coverage for a drug if the drug was removed from the health plan's drug formulary for safety reasons.

(c) The continuing care benefit shall be extended annually when the health care provider prescribing the drug:

(1) indicates to the dispensing pharmacist, orally or in writing according to section 151.21, that the prescription must be dispensed as communicated; and

(2) certifies in writing to the health plan company that the drug prescribed will best treat the patient's condition.

Subd. 4. [EXCEPTION TO FORMULARY.] A health plan must promptly grant an exception to the health plan's drug formulary for a patient when the health care provider prescribing the drug indicates to the health plan that:

(1) the formulary drug causes an adverse reaction in the patient;

(2) the formulary drug is contraindicated for the patient; or

(3) the health care provider demonstrates to the health plan that the prescription must be dispensed as written to provide maximum medical benefit to the patient.

[EFFECTIVE DATE.] This section is effective January 1, 2002, and applies to contracts issued or renewed on or after that date.

Sec. 9. [62Q.535] [COVERAGE FOR COURT-ORDERED MENTAL HEALTH SERVICES.]

Subdivision 1. [MENTAL HEALTH SERVICES.] For purposes of this section, mental health services means all covered services that are intended to treat or ameliorate an emotional, behavioral, or psychiatric condition and that are covered by the policy, contract, or certificate of coverage of the enrollee's health plan company or by law.

Subd. 2. [COVERAGE REQUIRED.] All health plan companies that provide coverage for mental health services must cover or provide mental health services ordered by a court of competent jurisdiction under a court order that is issued on the basis of a behavioral care evaluation, performed by a licensed psychiatrist or a doctoral-level licensed psychologist, which includes a diagnosis and an individual treatment plan for care in the most appropriate, least restrictive environment. The health plan company must be given a copy of the court order and behavioral evaluation. The health plan company shall be financially liable for the evaluation if performed by a participating provider of the health plan company and shall be financially liable for the care included in the court-ordered treatment plan if the care is covered by the health plan company and ordered to be provided by a participating provider or another provider as required by rule or statute. This court-ordered coverage must not be subject to a separate medical necessity determination by a health plan company under its utilization procedures.

[EFFECTIVE DATE.] This section is effective July 1, 2001, and applies to contracts issued or renewed on or after that date.

Sec. 10. Minnesota Statutes 2000, section 62Q.56, is amended to read:

62Q.56 [CONTINUITY OF CARE.]

Subdivision 1. [CHANGE IN HEALTH CARE PROVIDER.] (a) If enrollees are required to access services through selected primary care providers for coverage, the health plan company shall prepare a written plan that provides for continuity of care in the event of contract termination between the health plan company and any of the contracted primary care providers, specialists, or general hospital providers. For purposes of this section, termination includes nonrenewal. The written plan must explain:

(1) how the health plan company will inform affected enrollees, insureds, or beneficiaries about termination at least 30 days before the termination is effective, if the health plan company or health care network cooperative has received at least 120 days' prior notice; 

(2) how the health plan company will inform the affected enrollees about what other participating providers are available to assume care and how it will facilitate an orderly transfer of its enrollees from the terminating provider to the new provider to maintain continuity of care;

(3) the procedures by which enrollees will be transferred to other participating providers, when special medical needs, special risks, or other special circumstances, such as cultural or language barriers, require them to have a longer transition period or be transferred to nonparticipating providers;

(4) who will identify enrollees with special medical needs or at special risk and what criteria will be used for this determination; and

(5) how continuity of care will be provided for enrollees identified as having special needs or at special risk, and whether the health plan company has assigned this responsibility to its contracted primary care providers.

(b) If the contract termination was not for cause, enrollees can request a referral to the terminating provider for up to 120 days if they have special medical needs or have other special circumstances, such as cultural or language barriers. The health plan company can require medical records and other supporting documentation in support of the requested referral. Each request for referral to a terminating provider shall be considered by the health plan company on a case-by-case basis.:

(1) if the contract was terminated by the health plan company, the terminated provider and all enrollees being treated by that provider must be notified of the enrollees' rights to continuity of care with the terminated provider;

(2) the health plan company must provide, upon request, authorization to receive services that are otherwise covered under the terms of the health plan through the enrollee's current provider for up to 120 days if the enrollee is engaged in a current course of treatment for one or more of the following conditions:

(i) an acute condition;

(ii) a life-threatening mental or physical illness;

(iii) pregnancy beyond the first trimester of pregnancy;

(iv) a physical or mental disability defined as an inability to engage in one or more major life activities, provided that the disability has lasted or can be expected to last for at least a year or can be expected to result in death; or

(v) a disabling or chronic condition that is in an acute phase; and

(3) the health plan company must provide, upon request, authorization to receive services that are otherwise covered under the terms of the health plan through the enrollee's current provider for the rest of the enrollee's life if a physician certifies that the enrollee has an expected lifetime of 180 days or less.

For all requests for authorization to receive services under this paragraph, the health plan company must grant the request unless the enrollee does not meet the criteria provided in this paragraph.

(c) The health plan company shall prepare a written plan that provides a process for coverage determinations regarding continuity of care of up to 120 days for enrollees who request continuity of care with their former provider, if the enrollee:

(1) is receiving culturally appropriate services and the health plan company does not have a provider in its preferred provider network with special expertise in the delivery of those culturally appropriate services within the time and distance requirements of section 62D.124, subdivision 1; or 

(2) does not speak English and the health plan company does not have a provider in its preferred provider network who can communicate with the enrollee, either directly or through an interpreter, within the time and distance requirements of section 62D.124, subdivision 1.

The written plan must explain the criteria that will be used to determine whether a need for continuity of care exists and how it will be provided.

(d) This paragraph applies to requests under paragraph (b) or (c). The health plan company may require medical records and other supporting documentation to be submitted with the request for authorization. If an authorization is denied, the health plan company must explain the criteria it used to make its decision on the request for authorization. If an authorization is granted, the health plan company must explain how continuity of care will be provided.

(c) (e) If the contract termination was for cause, enrollees must be notified of the change and transferred to participating providers in a timely manner so that health care services remain available and accessible to the affected enrollees. The health plan company is not required to refer an enrollee back to the terminating provider if the termination was for cause.

Subd. 2. [CHANGE IN HEALTH PLANS.] (a) The health plan company shall prepare a written plan that provides a process for coverage determinations for continuity of care for new enrollees with special needs, special risks, or other special circumstances, such as cultural or language barriers, who request continuity of care with their former provider for up to 120 days. The written plan must explain the criteria that will be used for determining special needs cases, and how continuity of care will be provided. If an enrollee is subject to a change in health plans, the enrollee's new health plan company must provide, upon request:

(1) authorization to receive services that are otherwise covered under the terms of the new health plan through the enrollee's current provider for up to 120 days if the enrollee is engaged in a current course of treatment for one or more of the following conditions:

(i) an acute condition;

(ii) a life-threatening mental or physical illness;

(iii) pregnancy beyond the first trimester of pregnancy;

(iv) a physical or mental disability defined as an inability to engage in one or more major life activities, provided that the disability has lasted or can be expected to last for at least a year or can be expected to result in death; or

(v) a disabling or chronic condition that is in an acute phase; and

(2) authorization to receive services that are otherwise covered under the terms of the health plan through the enrollee's current provider for the rest of the enrollee's life if a physician certifies that the enrollee has an expected lifetime of 180 days or less.

For all requests for authorization under this paragraph, the health plan company must grant the request for authorization unless the enrollee does not meet the criteria provided in this paragraph.

(b) The health plan company shall prepare a written plan that provides a process for coverage determinations regarding continuity of care of up to 120 days for new enrollees who request continuity of care with their former provider, if the new enrollee:

(1) is receiving culturally appropriate services and the health plan company does not have a provider in its preferred provider network with special expertise in the delivery of those culturally appropriate services within the time and distance requirements of section 62D.124, subdivision 1; or 

(2) does not speak English and the health plan company does not have a provider in its preferred provider network who can communicate with the enrollee, either directly or through an interpreter, within the time and distance requirements of section 62D.124, subdivision 1.

The written plan must explain the criteria that will be used to determine whether a need for continuity of care exists and how it will be provided.

(c) This paragraph applies to requests under paragraph (a) or (b). The health plan company may require medical records and other supporting documentation to be submitted with the request for authorization. If an authorization is denied, the health plan company must explain the criteria it used to make its decision on the request for authorization. If an authorization is granted, the health plan company must explain how continuity of care will be provided.

(b) (d) This subdivision applies only to group coverage and continuation and conversion coverage, and applies only to changes in health plans made by the employer.

Subd. 2a. [LIMITATIONS.] (a) Subdivisions 1 and 2 apply only if the enrollee's health care provider agrees to:

(1) accept as payment in full the lesser of the health plan company's reimbursement rate for in-network providers for the same or similar service or the enrollee's health care provider's regular fee for that service;

(2) adhere to the health plan company's preauthorization requirements; and

(3) provide the health plan company with all necessary medical information related to the care provided to the enrollee.

(b) Nothing in this section requires a health plan company to provide coverage for a health care service or treatment that is not covered under the enrollee's health plan.

Subd. 3. [DISCLOSURES DISCLOSURE.] The written plans required under this section must be made available upon request to enrollees or prospective enrollees Information regarding an enrollee's rights under this section must be included in member contracts or certificates of coverage and must be provided by a health plan company upon request of an enrollee or prospective enrollee.

Sec. 11. Minnesota Statutes 2000, section 62Q.58, is amended to read:

62Q.58 [ACCESS TO SPECIALTY CARE.]

Subdivision 1. [STANDING REFERRAL.] A health plan company shall establish a procedure by which an enrollee may apply for and, if appropriate, receive a standing referral to a health care provider who is a specialist if a referral to a specialist is required for coverage. This procedure for a standing referral must specify the necessary criteria and conditions, which must be met in order for an enrollee to obtain a standing referral managed care review and approval an enrollee must obtain before such a standing referral is permitted.

Subd. 1a. [MANDATORY STANDING REFERRAL.] An enrollee who requests a standing referral to a specialist qualified to treat the specific condition described in clauses (1) to (5) must be given a standing referral for visits to such a specialist if benefits for such treatment are provided under the health plan and the enrollee has any of the following conditions:

(1) a chronic health condition;

(2) a life-threatening mental or physical illness;

(3) pregnancy beyond the first trimester of pregnancy; 

(4) a degenerative disease or disability; or

(5) any other condition or disease of sufficient seriousness and complexity to require treatment by a specialist.

Nothing in this section limits the application of section 62Q.52 specifying direct access to obstetricians and gynecologists.

Subd. 2. [COORDINATION OF SERVICES.] A primary care provider or primary care group shall remain responsible for coordinating the care of an enrollee who has received a standing referral to a specialist. The specialist shall not make any secondary referrals related to primary care services without prior approval by the primary care provider or primary care group. However, An enrollee with a standing referral to a specialist may request primary care services from that specialist. The specialist, in agreement with the enrollee and primary care provider or primary care group, may elect to provide primary care services to that the enrollee, authorize tests and services, and make secondary referrals according to procedures established by the health plan company. The health plan company may limit the primary care services, tests and services, and secondary referrals authorized under this subdivision to those that are related to the specific condition or conditions for which the standing referral was made.

Subd. 3. [DISCLOSURE.] Information regarding referral procedures must be included in member contracts or certificates of coverage and must be provided to an enrollee or prospective enrollee by a health plan company upon request.

Subd. 4. [REFERRAL.] (a) If a standing referral is authorized under subdivision 1 or is mandatory under subdivision 1a, the health plan company must provide a referral to an appropriate participating specialist who is reasonably available and accessible to provide the treatment or to a nonparticipating specialist if the health plan company does not have an appropriate participating specialist who is reasonably available and accessible to treat the enrollee's condition or disease.

(b) If an enrollee receives services from a nonparticipating specialist because a participating specialist is not available, services must be provided at no additional cost to the enrollee beyond what the enrollee would otherwise pay for services received from a participating specialist.

Sec. 12. Minnesota Statutes 2000, section 253B.02, subdivision 10, is amended to read:

Subd. 10. [INTERESTED PERSON.] "Interested person" means:

(1) an adult, including but not limited to, a public official, including a local welfare agency acting under section 626.5561, and the legal guardian, spouse, parent, legal counsel, adult child, next of kin, or other person designated by a proposed patient; or

(2) a health plan company that is providing coverage for a proposed patient.

Sec. 13. Minnesota Statutes 2000, section 253B.045, subdivision 6, is amended to read:

Subd. 6. [COVERAGE.] A health plan company that provides coverage for mental health services must provide coverage, according to the terms of the policy, contract, or certificate of coverage, for all medically necessary covered comply with section 62Q.535 for all mental health services as determined by section 62Q.53 provided to an enrollee that are ordered by the court under this chapter. For purposes of this subdivision, "mental health services" has the meaning given in section 62Q.535, subdivision 1.

[EFFECTIVE DATE.] This section is effective July 1, 2001, and applies to contracts issued or renewed on or after that date. 

Sec. 14. Minnesota Statutes 2000, section 253B.10, subdivision 4, is amended to read:

Subd. 4. [PRIVATE TREATMENT.] Patients or other responsible persons are required to pay the necessary charges for patients committed or transferred to private treatment facilities. Private treatment facilities may refuse to accept a committed person. Insurers must provide court-ordered treatment and services as ordered by the court under section 253B.045, subdivision 6, or as required under chapter 62M.

[EFFECTIVE DATE.] This section is effective July 1, 2001, and applies to contracts issued or renewed on or after that date.

Sec. 15. Minnesota Statutes 2000, section 260C.201, subdivision 1, is amended to read:

Subdivision 1. [DISPOSITIONS.] (a) If the court finds that the child is in need of protection or services or neglected and in foster care, it shall enter an order making any of the following dispositions of the case:

(1) place the child under the protective supervision of the local social services agency or child-placing agency in the home of a parent of the child under conditions prescribed by the court directed to the correction of the child's need for protection or services, or:

(i) the court may order the child into the home of a parent who does not otherwise have legal custody of the child, however, an order under this section does not confer legal custody on that parent;

(ii) if the court orders the child into the home of a father who is not adjudicated, he must cooperate with paternity establishment proceedings regarding the child in the appropriate jurisdiction as one of the conditions prescribed by the court for the child to continue in his home;

(iii) the court may order the child into the home of a noncustodial parent with conditions and may also order both the noncustodial and the custodial parent to comply with the requirements of a case plan under subdivision 2;

(2) transfer legal custody to one of the following:

(i) a child-placing agency; or

(ii) the local social services agency.

In placing a child whose custody has been transferred under this paragraph, the agencies shall follow the requirements of section 260C.193, subdivision 3;

(3) if the child has been adjudicated as a child in need of protection or services because the child is in need of special treatment and services or care for reasons of physical or mental health to treat or ameliorate a physical or mental disability, the court may order the child's parent, guardian, or custodian to provide it. If the parent, guardian, or custodian fails or is unable to provide this treatment or care, the court may order it provided. The court may also order the child's health plan company to provide mental health services to the child under section 62Q.535. Absent specific written findings by the court that the child's disability is the result of abuse or neglect by the child's parent or guardian, the court shall not transfer legal custody of the child for the purpose of obtaining special treatment or care solely because the parent is unable to provide the treatment or care. If the court's order for mental health treatment is based on a diagnosis made by a treatment professional, the court may order that the diagnosing professional not provide the treatment to the child if it finds that such an order is in the child's best interests; or

(4) if the court believes that the child has sufficient maturity and judgment and that it is in the best interests of the child, the court may order a child 16 years old or older to be allowed to live independently, either alone or with others as approved by the court under supervision the court considers appropriate, if the county board, after consultation with the court, has specifically authorized this dispositional alternative for a child. 

(b) If the child was adjudicated in need of protection or services because the child is a runaway or habitual truant, the court may order any of the following dispositions in addition to or as alternatives to the dispositions authorized under paragraph (a):

(1) counsel the child or the child's parents, guardian, or custodian;

(2) place the child under the supervision of a probation officer or other suitable person in the child's own home under conditions prescribed by the court, including reasonable rules for the child's conduct and the conduct of the parents, guardian, or custodian, designed for the physical, mental, and moral well-being and behavior of the child; or with the consent of the commissioner of corrections, place the child in a group foster care facility which is under the commissioner's management and supervision;

(3) subject to the court's supervision, transfer legal custody of the child to one of the following:

(i) a reputable person of good moral character. No person may receive custody of two or more unrelated children unless licensed to operate a residential program under sections 245A.01 to 245A.16; or

(ii) a county probation officer for placement in a group foster home established under the direction of the juvenile court and licensed pursuant to section 241.021;

(4) require the child to pay a fine of up to $100. The court shall order payment of the fine in a manner that will not impose undue financial hardship upon the child;

(5) require the child to participate in a community service project;

(6) order the child to undergo a chemical dependency evaluation and, if warranted by the evaluation, order participation by the child in a drug awareness program or an inpatient or outpatient chemical dependency treatment program;

(7) if the court believes that it is in the best interests of the child and of public safety that the child's driver's license or instruction permit be canceled, the court may order the commissioner of public safety to cancel the child's license or permit for any period up to the child's 18th birthday. If the child does not have a driver's license or permit, the court may order a denial of driving privileges for any period up to the child's 18th birthday. The court shall forward an order issued under this clause to the commissioner, who shall cancel the license or permit or deny driving privileges without a hearing for the period specified by the court. At any time before the expiration of the period of cancellation or denial, the court may, for good cause, order the commissioner of public safety to allow the child to apply for a license or permit, and the commissioner shall so authorize;

(8) order that the child's parent or legal guardian deliver the child to school at the beginning of each school day for a period of time specified by the court; or

(9) require the child to perform any other activities or participate in any other treatment programs deemed appropriate by the court.

To the extent practicable, the court shall enter a disposition order the same day it makes a finding that a child is in need of protection or services or neglected and in foster care, but in no event more than 15 days after the finding unless the court finds that the best interests of the child will be served by granting a delay. If the child was under eight years of age at the time the petition was filed, the disposition order must be entered within ten days of the finding and the court may not grant a delay unless good cause is shown and the court finds the best interests of the child will be served by the delay.

(c) If a child who is 14 years of age or older is adjudicated in need of protection or services because the child is a habitual truant and truancy procedures involving the child were previously dealt with by a school attendance review board or county attorney mediation program under section 260A.06 or 260A.07, the court shall order a cancellation or denial of driving privileges under paragraph (b), clause (7), for any period up to the child's 18th birthday. 

(d) In the case of a child adjudicated in need of protection or services because the child has committed domestic abuse and been ordered excluded from the child's parent's home, the court shall dismiss jurisdiction if the court, at any time, finds the parent is able or willing to provide an alternative safe living arrangement for the child, as defined in Laws 1997, chapter 239, article 10, section 2.

Sec. 16. [QUALITY OF PATIENT CARE.]

The commissioner of health shall evaluate the feasibility of collecting data on the quality of patient care provided in hospitals, outpatient surgical centers, and other health care facilities. In the evaluation, the commissioner shall examine the appropriate roles of the public and private sectors and the need for risk-adjusting data. The evaluation must consider mechanisms to identify the quality of nursing care provided to consumers by examining variables such as skin breakdown and patient injuries. Any plan developed to collect data must also address issues related to the release of the data in a useful form to the public. The commissioner shall prepare and distribute a written report of the evaluation by January 15, 2002.

Sec. 17. [EFFECTIVE DATE.]

Sections 1 and 4 are effective for violations committed on or after August 1, 2001. Section 5 is effective beginning with the report for the 2001 calendar year. Sections 6 and 16 are effective the day following final enactment. Sections 2, 3, 10, and 11 are effective January 1, 2002, and apply to health plans issued or renewed on or after that date."

Delete the title and insert:

"A bill for an act relating to health; providing patient protections; requiring certain coverage; providing for cost-sharing; amending Minnesota Statutes 2000, sections 45.027, subdivision 6; 62D.02, subdivision 8; 62D.17, subdivision 1; 62J.38; 62M.02, subdivision 21; 62Q.56; 62Q.58; 253B.02, subdivision 10; 253B.045, subdivision 6; 253B.10, subdivision 4; 260C.201, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 62D; 62Q."

With the recommendation that when so amended the bill pass.

The report was adopted.

Bishop from the Committee on Ways and Means to which was referred:

H. F. No. 667, A bill for an act relating to state government; modifying certain procedures relating to administrative rules; appropriating money; amending Minnesota Statutes 2000, sections 14.05, subdivision 6; 14.116; 14.18, subdivision 1; 14.19; proposing coding for new law in Minnesota Statutes, chapter 14; repealing Minnesota Statutes 2000, section 14.05, subdivision 4; Laws 1999, chapter 129, section 6.

Reported the same back with the following amendments:

Page 4, lines 2 and 3, delete "These proceeds are appropriated to the agency."

With the recommendation that when so amended the bill pass.

The report was adopted. 

Bishop from the Committee on Ways and Means to which was referred:

H. F. No. 2205, A bill for an act relating to the legislature; limiting the odd-numbered year session; providing for reconvention on extraordinary occasions; proposing coding for new law in Minnesota Statutes, chapter 3.

Reported the same back with the following amendments:

Page 1, after line 6, insert:

"Section 1. [CONSTITUTIONAL AMENDMENT PROPOSED.]

An amendment to the Minnesota Constitution, article XI, section 6, is proposed to the people. If the amendment is adopted, article XI, section 6, will read:

Sec. 6. As authorized by law certificates of indebtedness may be issued during a biennium, commencing on July 1 in each odd-numbered even-numbered year and ending on and including June 30 in the next odd-numbered even-numbered year, in anticipation of the collection of taxes levied for and other revenues appropriated to any fund of the state for expenditure during that biennium.

No certificates shall be issued in an amount which with interest thereon to maturity, added to the then outstanding certificates against a fund and interest thereon to maturity, will exceed the then unexpended balance of all money which will be credited to that fund during the biennium under existing laws. The maturities of certificates may be extended by refunding to a date not later than December l of the first full calendar year following the biennium in which the certificates were issued. If money on hand in any fund is not sufficient to pay all non-refunding certificates of indebtedness issued on a fund during any biennium and all certificates refunding the same, plus interest thereon, which are outstanding on December 1 immediately following the close of the biennium, the state auditor shall levy upon all taxable property in the state a tax collectible in the ensuing year sufficient to pay the same on or before December 1 of the ensuing year with interest to the date or dates of payment.

Sec. 2. [SUBMISSION TO VOTERS.]

The amendment shall be submitted to the people at the 2002 general election. The question submitted to the people shall be:

"Shall the Minnesota Constitution be amended to change the state fiscal biennium used for purposes of issuing certificates of indebtedness so that the biennium begins and ends in the even-numbered years rather than in the odd-numbered years, commencing in 2006?

Yes .......

No ........""

Page 1, line 12, after the period, insert "When the first Monday in January falls on January 1, the legislature shall convene on the first Wednesday after the first Monday."

Page 1, line 21, delete "1" and insert "3"

Page 2, line 1, delete "1" and insert "3"

Page 2, line 2, after the period, insert "Section 1 is effective, upon ratification by the people, commencing with the biennium beginning in 2006." 

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 2, after the semicolon, insert "proposing an amendment to the Minnesota Constitution, article XI, section 6; changing state fiscal biennium used for purposes of issuing certificates of indebtedness;"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Rules and Legislative Administration.

The report was adopted.

Bishop from the Committee on Ways and Means to which was referred:

H. F. No. 2498, A bill for an act relating to the financing and operation of government in this state; providing a sales tax rebate; providing property tax reform; making changes to income, franchise, sales and use, property, motor vehicle sales, motor vehicle registration, mortgage registry, deed, motor fuels, cigarette and tobacco, liquor, insurance premiums, lawful gambling, minerals, estate, and special taxes; changing and allowing tax credits, subtractions, and exemptions, including an income tax subtraction for capital gains; providing a biomedical innovation initiative; conforming with changes in federal income tax provisions; providing for allocation and apportionment of income; imposing a state general tax levy on certain property; providing a property tax homestead credit; imposing general levy limits; providing for property tax levy reverse referenda; changing property tax valuation, assessment, levy, classification, homestead, credit, aid, exemption, deferral, review, appeal, abatement, and distribution provisions; abolishing certain property tax levies for transit and establishing a transit fund; providing and modifying certain aids to local units of government; changing levy authority; reducing certain utility taxes and requiring a corresponding rate reduction; changing certain provisions relating to biomass facilities; providing for disposition of local lodging tax proceeds; providing priorities for disposition of production tax proceeds by the iron range resources and rehabilitation board; providing for certain payments in lieu of taxes; reducing rates on lawful gambling taxes; reducing rates on solid waste management taxes; providing for state takeover of certain costs of district court administration and out-of-home placement; providing for uniform sales and use tax administration; providing for taxation and incentive payments on forest lands; providing for electronic filing and payment of taxes; changing procedures for disposition of seized contraband; abolishing certain health care provider taxes and health plan premium taxes; providing for deposit of certain tobacco settlement and cigarette tax proceeds to the health care access fund; changing tax increment financing provisions and authorizing certain grants, duration extensions, and expenditures; requiring registration of tax increment financing consultants; creating a health care access fund reserve; reducing the tax on life insurance premiums; increasing property tax refunds and changing calculation of rent constituting property taxes for purposes of property tax refunds; reducing taconite production tax and occupation tax rates; providing special authority to certain political subdivisions; authorizing special taxing districts; changing and clarifying tax administration, collection, enforcement, interest, and penalty provisions; changing revenue recapture provisions; authorizing abatements and waivers of fees and certain taxes in disaster areas; changing and imposing fees; changing debt collection provisions for student loans; providing certain duties and powers to the commissioner of revenue; authorizing publication of names of certain delinquent taxpayers; authorizing border city allocations; changing provisions relating to tax-forfeited lands and providing for tax-forfeited lands transfers; defining terms; classifying data; establishing a legislative commission; requiring studies; imposing a criminal penalty; appropriating money; amending Minnesota Statutes 2000, sections 16D.08, subdivision 2; 62J.041, subdivision 1; 62Q.095, subdivision 6; 69.021, subdivision 5; 84.922, by adding a subdivision; 88.49, subdivisions 5, 9a; 88.491, subdivision 2; 97A.065, subdivision 2; 103D.905, subdivision 3; 115B.24, subdivision 2; 123B.55; 126C.01, subdivision 3; 126C.13, subdivision 4; 126C.17, by adding a subdivision; 144.3831, subdivision 2; 168.013, subdivision 1a; 174.24, subdivision 3b; 179A.101, subdivision 1; 179A.102, subdivision 6; 179A.103, subdivision 1; 214.16, subdivisions 2, 3; 216B.2424, subdivision 5; 239.101, subdivision 3; 260.765, by adding a subdivision; 260.771, by adding a subdivision; 270.06; 270.07, subdivision 3; 270.11, by adding a subdivision; 270.12, subdivision 2; 270.271, subdivisions 1, 3; 270.60, subdivision 4, by adding a subdivision;

270.70, subdivision 13; 270.73, subdivision 1; 270.771; 270.78; 270A.03, subdivisions 5, 7; 270A.11; 270B.01, subdivision 8; 270B.02, subdivisions 2, 3; 270B.03, subdivision 6; 270B.14, subdivision 1; 271.01, subdivision 5; 271.21, subdivision 2; 272.02, subdivisions 9, 10, 22, by adding subdivisions; 273.061, subdivisions 1, 2, 8; 273.072, subdivision 1; 273.11, subdivisions 1a, 14, by adding subdivisions; 273.1104, subdivision 2; 273.111, subdivision 4; 273.121; 273.124, subdivisions 8, 13, 14; 273.13, subdivisions 22, 23, 24, 25, 31; 273.1392; 273.1393; 273.1398, subdivisions 1a, 4a, by adding subdivisions; 274.01, subdivision 1; 274.13, subdivision 1; 275.02; 275.065, subdivisions 1, 3, 5a, 6, 8, by adding a subdivision; 275.066; 275.07, subdivision 1; 275.16; 275.62, subdivision 1; 275.70, subdivision 5, by adding subdivisions; 276.04, subdivision 2; 276.11, subdivision 1; 276A.01, subdivision 3; 276A.06, subdivision 3; 282.01, subdivisions 1a, 1b; 282.04, subdivision 2; 287.035; 287.04; 287.08; 287.12; 287.13, by adding a subdivision; 287.20, subdivisions 2, 9; 287.21, subdivision 1; 287.28; 289A.02, subdivision 7, by adding a subdivision; 289A.08, subdivision 16; 289A.11, subdivision 1; 289A.12, subdivision 3; 289A.18, subdivision 4; 289A.20, subdivisions 1, 2, 4; 289A.26, subdivision 2a; 289A.31, subdivision 7; 289A.50, subdivisions 2, 2a; 289A.60, subdivisions 7, 21; 290.01, subdivisions 6b, 7, 19, 19b, 19c, 19d, 22, 29, 31, by adding a subdivision; 290.014, subdivision 5; 290.05, subdivision 1; 290.06, subdivisions 2c, 22; 290.067, subdivisions 1, 2, 2b; 290.0671, subdivisions 1, 1a, 7; 290.0674, subdivisions 1, 2; 290.0675, subdivisions 1, 3; 290.068, subdivisions 1, 3, 4; 290.091, subdivisions 2, 3; 290.0921, subdivisions 1, 2, 3, 6; 290.0922, subdivision 2; 290.093; 290.095, subdivision 2; 290.17, subdivisions 1, 4; 290.191, subdivisions 2, 3; 290.21, subdivision 4; 290.9725; 290A.03, subdivisions 6, 11, 12, 13, 15; 290A.04, subdivisions 2, 2a, 4; 290A.15; 291.005, subdivision 1; 295.55, subdivision 4; 296A.15, subdivisions 1, 7; 296A.16, subdivision 2; 296A.21, subdivisions 1, 4; 296A.24, subdivisions 1, 2; 297A.01, subdivision 3; 297A.07, subdivision 3; 297A.25, subdivisions 3, 11, 28; 297A.61, subdivisions 2, 3, 4, 6, 7, 9, 10, 12, 14, 16, 17, 19, 22, 23, by adding subdivisions; 297A.62, subdivision 3; 297A.66, subdivisions 1, 3; 297A.67, subdivisions 2, 8, 23, 24, 25, by adding subdivisions; 297A.68, subdivisions 2, 3, 5, 11, 13, 14, 18, 25, by adding subdivisions; 297A.69, subdivision 2; 297A.70, subdivisions 1, 2, 3, 4, 7, 8, 10, 13, 14; 297A.71, subdivisions 3, 6, by adding subdivisions; 297A.72, subdivision 1; 297A.75; 297A.77, subdivision 1; 297A.80; 297A.82, subdivision 3, by adding a subdivision; 297A.89, subdivision 1; 297A.90, subdivision 1; 297A.91; 297A.92, subdivision 2; 297A.94; 297A.99, subdivisions 7, 9, 11; 297B.03; 297B.09, subdivision 1; 297E.02, subdivisions 1, 4, 6; 297E.16, subdivisions 1, 2; 297F.09, subdivision 7; 297F.10, subdivision 1; 297F.16, subdivision 4; 297F.20, subdivision 3; 297F.21, subdivisions 1, 2, 3; 297G.09, subdivision 6; 297G.15, subdivision 4; 297G.16, subdivisions 5, 7; 297G.20, subdivisions 3, 4; 297H.02, subdivision 2; 297H.03, subdivision 2; 297H.04, subdivision 2, by adding a subdivision; 297H.05; 297H.06, by adding a subdivision; 297H.13, by adding a subdivision; 297I.05, by adding a subdivision; 297I.15, by adding a subdivision; 297I.20; 297I.35, subdivision 2; 297I.40, subdivisions 1, 2, 7; 297I.85, subdivision 7; 298.01, subdivisions 3, 3a, 3b, 4, 4a, 4c; 298.22, subdivision 2, by adding a subdivision; 298.225, subdivision 1; 298.24, subdivision 1; 298.27; 298.28, subdivisions 6, 9a; 298.2961, subdivision 2; 298.75, subdivisions 1, 2, by adding a subdivision; 299D.03, subdivision 5; 345.41; 345.42, by adding a subdivision; 349.19, subdivision 2a; 357.021, subdivision 1a; 461.12, by adding a subdivision; 469.040, subdivision 5; 469.169, by adding a subdivision; 469.1732, subdivision 1; 469.174, subdivisions 1, 3, 10, 10a, 12, 25; 469.175, subdivisions 1, 3, 6, 6b, by adding a subdivision; 469.176, subdivisions 1b, 1c, 1e, 3, 4, 4g, by adding a subdivision; 469.1763, subdivision 6; 469.177, subdivisions 1, 11, by adding a subdivision; 469.1771, subdivision 1; 469.178, by adding a subdivision; 469.1791, subdivisions 1, 3, 9; 469.1812, subdivision 2; 469.1813, subdivisions 4, 6; 469.190, subdivision 3; 469.202, subdivision 2; 473.388, subdivisions 4, 7; 473.446, subdivision 1, by adding a subdivision; 473.843, subdivision 3; 473F.08, subdivision 3; 473H.10, subdivision 3; 475.58, subdivision 1; 477A.011, subdivisions 35, 36; 477A.0121, by adding a subdivision; 477A.0122, by adding a subdivision; 477A.013, subdivisions 1, 9; 477A.03, subdivision 2, by adding a subdivision; 477A.12; 477A.14; 480.181, subdivision 1; 487.33, subdivision 5; 574.34, subdivision 1; Laws 1986, chapter 396, section 5; Laws 1997, chapter 231, article 10, section 25; Laws 1998, chapter 389, article 16, section 35, subdivision 1; Laws 1999, chapter 216, article 7, section 46, subdivision 3; Laws 1999, chapter 243, article 4, section 19; Laws 2000, chapter 490, article 8, section 17; Laws 2000, chapter 490, article 11, section 26; proposing coding for new law in Minnesota Statutes, chapters 3; 12; 16A; 62Q; 103B; 116J; 123B; 144F; 245; 256L; 270; 272; 273; 275; 290; 290A; 295; 296A; 297A; 469; 471; 473; 477A; 480; 484; proposing coding for new law as Minnesota Statutes, chapters 126C; 216B; 290C; repealing Minnesota Statutes 2000, sections 13.4967, subdivision 3; 16A.1521; 16A.76; 62T.10; 126C.13, subdivisions 1, 2, 3; 144.1484, subdivision 2; 256L.02, subdivision 3; 270.31; 270.32; 270.33; 270.34; 270.35; 270.36; 270.37; 270.38; 270.39; 273.13, subdivision 24a; 273.1382; 273.1399; 275.078; 275.08, subdivision 1e; 289A.60, subdivision 15; 290.06, subdivisions 25, 26; 290.0673; 290.095, subdivisions 1a, 7; 290.191, subdivision 4; 290.21, subdivision 3; 290.23; 290.25; 290.31, subdivisions 2, 2a, 3, 4, 5, 19; 290.35; 290.9726, subdivision 7; 290A.04, subdivision 2j;

290A.18, subdivision 2; 295.50; 295.51; 295.52; 295.53; 295.54; 295.55; 295.56; 295.57; 295.58; 295.582; 295.59; 296A.16, subdivision 6; 296A.24, subdivision 3; 297A.61, subdivision 16; 297A.62, subdivision 2; 297A.64; 297A.68, subdivision 21; 297A.71, subdivisions 2, 15, 16, 21; 297B.032; 297E.16, subdivision 3; 297F.21, subdivision 4; 297G.20, subdivision 5; 297I.05, subdivisions 5, 8; 297I.30, subdivision 3; 298.01, subdivisions 3c, 3d, 4d, 4e; 469.1732, subdivision 2; 469.1734, subdivision 4; 469.1782, subdivision 1; 473.446, subdivision 8; Laws 1988, chapter 426, section 1; Laws 1988, chapter 702, section 16; Laws 1992, chapter 511, article 2, section 52, as amended; Laws 1996, chapter 471, article 8, section 45; Laws 1999, chapter 243, article 6, section 14; Laws 1999, chapter 243, article 6, section 15; Laws 2000, chapter 490, article 6, section 17; Minnesota Rules, parts 8120.0200; 8120.0500; 8120.0700; 8120.0900; 8120.1300; 8120.1600; 8120.2000; 8120.2100; 8120.2200; 8120.2300; 8120.2500; 8120.2700; 8120.2800; 8120.3000; 8120.3200; 8120.4300; 8120.4400; 8120.4500; 8120.4600; 8120.4900; 8120.5000; 8120.5100; 8120.5300.

Reported the same back with the following amendments:

Page 15, line 9, delete "is appropriated" and insert "for fiscal year 2001, and $123,000 for fiscal year 2002 are appropriated"

Page 15, line 11, after the period, insert "This is a one-time appropriation and may not be added to the budget base."

Page 71, line 26, delete "$172,500,000" and insert "$173,500,000"

Page 71, line 28, delete "$27,500,000" and insert "$32,500,000"

Page 71, line 30, delete "the later"

Page 71, line 31, delete "of when expended or when"

Page 77, line 28, delete "of human services"

Page 78, line 5, after the period, insert "For purposes of this section, "commissioner" means the commissioner of revenue."

Page 127, line 22, delete "$126,000,000" and insert "$123,500,000"

Page 127, line 24, delete "$124,000,000" and insert "$136,500,000"

Page 130, line 22, delete "$109,000,000" and insert "$105,000,000"

Page 136, line 27, delete "2000" and insert "2001"

Page 168, line 12, delete everything after the period

Page 168, delete lines 13 to 19

Page 169, delete lines 9 to 15 and insert:

"(1) the cost of each product or service for which the third-party vendor separately charges the taxpayer;

(2) any fees charged to the taxpayer for tax preparation services; and

(3) for qualifying low-income taxpayers, information on the availability of free tax preparation services." 

Page 195, line 21, after "appropriated" insert "for fiscal year 2002"

Page 198, line 36, reinstate the stricken "paragraphs" and insert "(b) and" and reinstate the stricken "(c)" and delete "paragraph (b)"

Page 199, line 2, reinstate the stricken "paragraphs" and insert "(b) and" and reinstate the stricken "(c)" and delete "paragraph (b)"

Page 223, line 6, delete "and"

Page 223, line 8, delete the period and insert "; and

(6) a natural gas furnace with an annual fuel utilization efficiency greater than 92 percent."

Page 410, after line 21, insert:

"Sec. 13. Minnesota Statutes 2000, section 297A.64, subdivision 3, is amended to read:

Subd. 3. [ADMINISTRATION.] The retailer shall report and pay the tax imposed in subdivision 1 to the commissioner of revenue with the taxes imposed in this chapter. The tax imposed in subdivision 1 and the fee imposed in subdivision 2 are is subject to the same interest, penalty, and other provisions provided for sales and use taxes under chapter 289A and this chapter. The commissioner has the same powers to assess and collect the tax and fee that are given the commissioner in chapters 270 and 289A and this chapter to assess and collect sales and use tax.

[EFFECTIVE DATE.] This section is effective for leases entered into after December 31, 2005.

Sec. 14. Minnesota Statutes 2000, section 297A.64, subdivision 4, is amended to read:

Subd. 4. [EXEMPTIONS.] (a) The tax and the fee imposed by this section do does not apply to a lease or rental of (1) a vehicle to be used by the lessee to provide a licensed taxi service; (2) a hearse or limousine used in connection with a burial or funeral service; or (3) a van designed or adapted primarily for transporting property rather than passengers.

(b) The lessor may elect not to charge the fee imposed in subdivision 2 if in the previous calendar year the lessor had no more than 20 vehicles available for lease that would have been subject to tax under this section, or no more than $50,000 in gross receipts that would have been subject to tax under this section.

[EFFECTIVE DATE.] This section is effective for leases entered into after December 31, 2005."

Page 423, line 22, delete "and fees"

Page 424, line 5, after "297A.64," insert "subdivision 1,"

Page 560, line 8, delete the new language and reinstate the stricken language and after the period, insert "Any portion of this appropriation that cancels in 2001 is appropriated in 2002 and is available until June 30, 2003."

Renumber the sections in sequence

Correct internal references

Amend the title accordingly

With the recommendation that when so amended the bill pass.

The report was adopted. 

H. F. Nos. 281, 402, 560, 667 and 2498 were read for the second time.

S. F. Nos. 761, 1324, 1394 and 1666 were read for the second time.

The following House Files were introduced:

Abrams introduced:

H. F. No. 2506, A bill for an act relating to finance; updating and changing the Minnesota Bond Allocation Act; amending Minnesota Statutes 2000, sections 474A.02, subdivisions 8, 13a, 22a, 22b, 23a; 474A.03, subdivisions 1, 2a, 4; 474A.04, subdivisions 1a, 5; 474A.045; 474A.047, subdivisions 1, 2; 474A.061, subdivisions 1, 2a, 2b, 2c, 4; 474A.091, subdivisions 2, 3, 4, 5, 6, by adding a subdivision; 474A.131, subdivisions 1, 2, by adding a subdivision; 474A.14; proposing coding for new law in Minnesota Statutes, chapter 474A; repealing Minnesota Statutes 2000, section 474A.061, subdivision 6.

The bill was read for the first time and referred to the Committee on Taxes.

Opatz, Schumacher and Dehler introduced:

H. F. No. 2507, A resolution memorializing the governor to declare a flood emergency.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance.

Kalis introduced:

H. F. No. 2508, A bill for an act relating to capital improvements; providing for a facility grant to independent school district No. 2860, Blue Earth Area Public School; authorizing the sale of bonds; appropriating money.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

The following messages were received from the Senate:

Mr. Speaker:

I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

S. F. No. 1326, A joint resolution relating to redistricting; establishing districting principles for legislative and congressional plans.

The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

Senators Pogemiller, Orfield and Belanger.

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

Patrick E. Flahaven, Secretary of the Senate

Paulsen moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 1326. The motion prevailed.

Mr. Speaker:

I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:

S. F. Nos. 1752, 1068, 555 and 2031.

Patrice Dworak, First Assistant Secretary of the Senate

S. F. No. 1752, A bill for an act relating to liquor; authorizing on-sale intoxicating liquor licenses in Minneapolis, St. Paul, Blaine, Elk River, Moorhead, and St. Louis Park; clarifying regulations with respect to premix machines; removing certain intoxicating liquor license restrictions relating to Metropolitan State University; authorizing Minneapolis to issue an intoxicating liquor license; removing certain temporary license restrictions; amending Minnesota Statutes 2000, sections 340A.404, subdivisions 2, 2b; 340A.410, subdivision 10; 340A.508, by adding a subdivision.

The bill was read for the first time.

Stang moved that S. F. No. 1752 and H. F. No. 1994, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1068, A bill for an act relating to government data; classifying data; codifying temporary classifications; including metropolitan area towns under the data practices act; clarifying effect of advisory opinions; modifying records management requirements; removing sunset on law governing access to juvenile records for gang investigations; extending authority for special law governing property taxpayer data; amending Minnesota Statutes 2000, sections 13.02, subdivision 11; 13.072, subdivision 2; 13.08, subdivision 4; 13.32, by adding a subdivision; 13.322, subdivision 3; 13.59; 13.594; 13.719, by adding a subdivision; 13.785, by adding a subdivision; 136A.243, by adding a subdivision; 138.17, subdivision 7; 182.659, subdivision 8; 260B.171, subdivision 1;

299C.095, subdivision 1; 299C.13; 299C.61, by adding a subdivision; 386.20, by adding a subdivision; 611A.19; Laws 1997, First Special Session chapter 3, section 27, as amended; repealing Minnesota Statutes 2000, sections 13.081; 13.5921.

The bill was read for the first time.

Holberg moved that S. F. No. 1068 and H. F. No. 1898, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 555, A bill for an act relating to state government; modifying certain procedures relating to administrative rules; amending Minnesota Statutes 2000, sections 14.05, subdivision 6; 14.116; and 14.18, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 14; repealing Laws 1999, chapter 129, section 6.

The bill was read for the first time.

Seifert moved that S. F. No. 555 and H. F. No. 667, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2031, A bill for an act relating to contracts; regulating public works contracts; proposing coding for new law in Minnesota Statutes, chapter 15.

The bill was read for the first time.

Clark, J., moved that S. F. No. 2031 and H. F. No. 2074, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

There being no objection, the order of business advanced to Motions and Resolutions.

House Resolution No. 15 was reported to the House.

HOUSE RESOLUTION NO. 15

A house resolution recognizing May 3, 2001, as a Day of Prayer in Minnesota.

Whereas, the citizens of the state of Minnesota are a diverse group of people, with nearly every nationality and a variety of religious traditions being represented; and

Whereas, the history of our state is replete with leaders who voluntarily called upon their God, whether the need was great or small; and

Whereas, civic and national days of prayer have a long and venerable history in our constitutional republic, dating back to the First Continental Congress in 1775; and 

Whereas, the Declaration of Independence, our first statement as Americans of national purpose and identity, made "the laws of Nature and of Nature's God" the foundation of our United States of America and asserted that people have inalienable rights that are God-given; and

Whereas, in 1988, legislation setting aside the first Thursday in May in each year as a National Day of Prayer was passed unanimously by both Houses of Congress and signed by President Ronald Reagan; and

Whereas, the National Day of Prayer is an opportunity for Americans of all faiths to join in united prayer to acknowledge our dependence on God, to give thanks for blessings received, to request healing for wounds endured, and to ask God to guide our leaders and bring wholeness to the United States and its citizens; and

Whereas, May 3, 2001, marks the fiftieth consecutive observance of the National Day of Prayer in cities and towns throughout the United States; and

Whereas, the citizens of Minnesota should gather together on this day in their homes, churches, meeting places, and chosen places of worship to pray in their own way for unity of the hearts of all humankind and for strong moral character in the lives of the people of all nations, as well as peace and understanding throughout the world; Now, Therefore,

Be It Resolved by the House of Representatives of the State of Minnesota that it recognizes May 3, 2001, as a Day of Prayer in the state of Minnesota and commends this observance to all citizens.

Be It Further Resolved that the Chief Clerk of the House of Representatives is directed to prepare an enrolled copy of this resolution, to be authenticated by his signature and that of the Speaker, and transmit it to the National Prayer Committee.

Boudreau moved that House Resolution No. 15 be now adopted. The motion prevailed and House Resolution No. 15 was adopted.

There being no objection, the order of business reverted to the Consent Calendar.

Seifert moved that the Consent Calendar be continued. The motion prevailed.

Pursuant to rule 1.22, Bishop requested immediate consideration of H. F. No. 1515.

H. F. No. 1515 was reported to the House.

Sykora moved to amend H. F. No. 1515, the second engrossment, as follows:

Page 6, delete Section 8

Page 7, line 32, delete "nationally"

Page 7, line 33, before "public college" delete "or" and before the period, insert ", or public or private trade school"

Page 10, line 16, delete everything after "search" and insert "for persons seeking employment up to"

Page 10, delete line 17

Page 10, line 22, delete "ten" and insert "20"

Page 11, line 15, delete "2003" and insert "2002" and delete "unless the family"

Page 11, line 16, delete everything before "provided"

Page 11, line 18, before the period, insert ", unless the family voluntarily withdraws or is terminated from the program"

Page 11, line 21, after "(1)" delete the comma and insert "or" and delete ", or"

Page 11, line 22, delete "(3)"

Page 11, line 27, after "day" insert ", and actual classroom time and up to two hours of travel time per day for post-secondary students" and after the semicolon insert "or"

Page 12, line 1, delete "; or" and insert a period

Page 12, delete lines 2 to 6

Page 12, delete lines 15 to 22 and insert:

"Subd. 3. [PORTABILITY POOL.] (a) The commissioner must establish a portability set-aside of up to 3 percent of the annual appropriation to provide continuous child care assistance for eligible families who move between Minnesota counties. At the end of each allocation period, any unspent funds in the portability set-aside must be used for child care assistance under chapter 119B. If expenditures from the portability set-aside exceed the amount of money available, the reallocation pool must be reduced to cover the shortfall.

(b) To receive assistance under this subdivision, a family must have moved from a county in which it was receiving child care assistance to a county with a waiting list. The family must:

(1) meet the income and eligibility guidelines for the program; and

(2) notify the new county of residence within 60 days of moving and provide the new county with information to document continued eligibility. A person requesting assistance under the portability set-aside must not be considered a new applicant.

(c) The receiving county must:

(1) accept the administrative responsibility for the family at the end of the two months of assistance under the Unitary Residency Act;

(2) continue assistance for the lesser of six months or until the family is able to receive assistance under the county's child care assistance program; and

(3) notify the commissioner through the quarterly reporting process of any family that meets the criteria of the portability set-aside." 

Page 12, delete lines 23 to 25

Page 13, line 17, strike "distribute" and insert "allocate"

Page 15, lines 21 to 23, reinstate the stricken language

Page 16, line 10, delete "to approve the" and insert "for" and after "plan" insert "approval"

Page 18, line 21, delete "county"

Page 19, line 36, delete "were"

Page 20, delete lines 1 to 4 and insert "are receiving assistance under section 119B.017, subdivision 3."

Page 21, line 30, after "program" insert "on June 30, 2002," and after "withdraws" insert "or is terminated"

Page 25, line 25, after the period, insert "In setting the sliding fee schedule, the commissioner must exclude from the amount of income used to determine eligibility an amount for federal and state income and social security taxes attributable to that income level according to federal and state standardized tax tables. The commissioner must base the parent fee on the ability of the family to pay for child care. The fee schedule must be designed to use any available tax credits."

Page 25, delete lines 33 and 34

Page 25, line 35, delete everything before "Parent"

Page 28, line 20, strike everything after the period

Page 28, strike lines 21 and 22

Page 30, line 28, delete "state" and insert "annual" and delete "under subdivision 1"

Page 32, line 4, delete "state" and insert "annual" and delete "under subdivision 2"

Page 39, line 21, after the period, insert "The commissioner must ensure that all transferred funds are expended in accordance with the child care and development regulations and that the maximum allowable transferred funds are used for the program in this section."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Walker was excused for the remainder of today's session.

Slawik moved to amend H. F. No. 1515, the second engrossment, as amended, as follows:

Page 30, after line 17, insert: 

"Sec. 41. Minnesota Statutes 2000, section 124D.135, subdivision 1, is amended to read:

Subdivision 1. [REVENUE.] The revenue for early childhood family education programs for a school district equals $113.50 for fiscal years 2000 and 2001, and $120 for 2002 and later fiscal years 2003, $147 for 2004, and $152 for 2005 times the greater of:

(1) 150; or

(2) the number of people under five years of age residing in the district on October 1 of the previous school year."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Slawik amendment and the roll was called. There were 65 yeas and 67 nays as follows:

Those who voted in the affirmative were:

Anderson, I.	Evans	Jennings	Lenczewski	Murphy	Skoe
Bakk	Folliard	Johnson, R.	Lieder	Opatz	Skoglund
Bernardy	Gleason	Johnson, S.	Lipman	Osthoff	Slawik
Biernat	Goodwin	Juhnke	Luther	Otremba	Solberg
Carlson	Gray	Kahn	Mahoney	Paymar	Swapinski
Clark, K.	Greiling	Kalis	Mariani	Pelowski	Thompson
Davnie	Hausman	Kelliher	Marko	Peterson	Wagenius
Dawkins	Hilstrom	Koskinen	Marquart	Pugh	Wasiluk
Dibble	Hilty	Kubly	McGuire	Rukavina	Wenzel
Dorn	Huntley	Larson	Milbert	Schumacher	Winter
Entenza	Jaros	Leighton	Mullery	Sertich

Those who voted in the negative were:

Abeler	Dempsey	Harder	Mares	Rhodes	Walz
Abrams	Dorman	Holberg	McElroy	Rifenberg	Westerberg
Anderson, B.	Eastlund	Holsten	Molnau	Ruth	Westrom
Bishop	Erhardt	Howes	Mulder	Seagren	Wilkin
Boudreau	Erickson	Jacobson	Ness	Seifert	Wolf
Bradley	Finseth	Johnson, J.	Nornes	Smith	Workman
Buesgens	Fuller	Kielkucki	Olson	Stanek	Spk. Sviggum
Cassell	Gerlach	Knoblach	Osskopp	Stang
Clark, J.	Goodno	Krinkie	Ozment	Swenson
Daggett	Gunther	Kuisle	Paulsen	Sykora
Davids	Haas	Leppik	Pawlenty	Tingelstad
Dehler	Hackbarth	Lindner	Penas	Tuma

The motion did not prevail and the amendment was not adopted.

Gray moved to amend H. F. No. 1515, the second engrossment, as amended, as follows:

Page 2, line 11, delete "(1)"

Page 2, line 12, strike "and" and delete "(2) eligible agencies"

Page 2, line 15, delete "Eighty-five percent of"

Page 3, lines 18 to 36, delete the new language and strike the existing language

Page 4, lines 1 to 10, delete the new language and strike the existing language

Page 5, line 9, delete "subdivisions" and insert "subdivision" and delete "and 3"

Renumber the subdivisions in sequence

A roll call was requested and properly seconded.

The question was taken on the Gray amendment and the roll was called.

Pursuant to rule 2.05, Speaker pro tempore Abrams excused Anderson, B., from voting on the Gray amendment to H. F. No. 1515, the second engrossment, as amended.

There were 66 yeas and 66 nays as follows:

Those who voted in the affirmative were:

Abeler	Entenza	Jaros	Leighton	Murphy	Skoe
Anderson, I.	Evans	Jennings	Lenczewski	Opatz	Skoglund
Bakk	Folliard	Johnson, R.	Lieder	Osthoff	Slawik
Bernardy	Gleason	Johnson, S.	Luther	Otremba	Solberg
Biernat	Goodwin	Juhnke	Mahoney	Paymar	Swapinski
Carlson	Gray	Kahn	Mariani	Pelowski	Thompson
Clark, K.	Greiling	Kalis	Marko	Peterson	Wagenius
Davnie	Hausman	Kelliher	Marquart	Pugh	Wasiluk
Dawkins	Hilstrom	Koskinen	McGuire	Rukavina	Wenzel
Dibble	Hilty	Kubly	Milbert	Schumacher	Westerberg
Dorn	Huntley	Larson	Mullery	Sertich	Winter

Those who voted in the negative were:

Abrams	Dorman	Harder	Lindner	Paulsen	Swenson
Bishop	Eastlund	Holberg	Lipman	Pawlenty	Sykora
Boudreau	Erhardt	Holsten	Mares	Penas	Tingelstad
Bradley	Erickson	Howes	McElroy	Rhodes	Tuma
Buesgens	Finseth	Jacobson	Molnau	Rifenberg	Vandeveer
Cassell	Fuller	Johnson, J.	Mulder	Ruth	Walz
Clark, J.	Gerlach	Kielkucki	Ness	Seagren	Westrom
Daggett	Goodno	Knoblach	Nornes	Seifert	Wilkin
Davids	Gunther	Krinkie	Olson	Smith	Wolf
Dehler	Haas	Kuisle	Osskopp	Stanek	Workman
Dempsey	Hackbarth	Leppik	Ozment	Stang	Spk. Sviggum

The motion did not prevail and the amendment was not adopted.

Wagenius, Greiling and McGuire moved to amend H. F. No. 1515, the second engrossment, as amended, as follows:

Page 30, after line 17, insert:

"Sec. 41. Minnesota Statutes 2000, section 121A.30, is amended to read:

121A.30 [PESTICIDE APPLICATION AT SCHOOLS.]

Subdivision 1. [PARENTS' RIGHT-TO-KNOW ACT.] Subdivisions 2 to 14 may be cited as the Janet B. Johnson Parents' Right-to-Know Act of 2000.

Subd. 2. [PESTICIDE APPLICATION NOTIFICATION.] (a) A school, Head Start program, or child care provider that plans to apply a pesticide which is a toxicity category I, II, or III pesticide product, as classified by the United States Environmental Protection Agency, or a restricted use pesticide, as designated under the Federal Insecticide, Fungicide, and Rodenticide Act, on school, Head Start, or child care property, must provide a notice to parents and employees that it applies such pesticides. The notice required under subdivision 3 must:

(1) provide that an estimated schedule of the pesticide applications is available for review or copying at the school, Head Start, or child care offices where such pesticides are applied;

(2) state that long-term health effects on children from the application of such pesticides or the class of chemicals to which they belong may not be fully understood;

(3) inform parents that a parent may request to be notified by the school, Head Start program or child care provider in the manner specified in subdivision 6 before any application of a pesticide listed in this subdivision.

(b) A Head Start or child care program conducted in a facility not owned by the program must ensure that the program receives prior notification from the owner of the facility of pesticide applications in order to comply with the requirements of this section.

Subd. 3. [NOTICE; TIMING; DISTRIBUTION.] The notice must be provided no later than September 15 of each school year during which pesticides listed in subdivision 2 are planned to be applied. The notice may be included with other notices provided by the school, Head Start program, or child care provider, but must be separately identified and clearly visible to the reader.

Subd. 4. [SCHOOL HANDBOOK OR STATEMENT OF POLICIES.] In addition to the notice provided according to subdivision 3, a school, Head Start program, or child care provider that is required to provide notice under this section shall must include in an official school handbook or official school policy guide of a general nature a section informing parents that an estimated schedule of applications of pesticides listed in subdivision 2 is available for review or copying at the school offices or Head Start or child care facility, and that a parent may receive prior notice of each application if specifically requested.

Subd. 5. [NOTICE AVAILABILITY.] A school, Head Start program, or child care provider that uses a pesticide listed in subdivision 2 must keep a copy of all notifications required under subdivisions 2 and 3 for at least six years in a manner available to the public.

Subd. 6. [NOTIFICATION FOR INDIVIDUAL PARENTS.] A parent of a student at a school or a child participating in a Head Start or child care program may request that the school principal or other person having general control and supervision of the school notify the parent to be notified prior to the application of any pesticides listed in subdivision 2 at the school or program on a day different from the days specified in the notice under subdivision 3. The school principal, program director, or other person having general control and supervision of the school or program must provide reasonable notice to a parent who has requested such the notification prior to applying such the pesticides. The notice may be waived for emergency applications required only by appropriate

state or local health officials. The notice must include the pesticide to be applied, the time of the planned application, and the location at the school or program of the planned application. A school or program may request reimbursement for the school's its reasonable costs of providing notice under this subdivision, including any costs of mailing, from individuals requesting notification under this subdivision.

Subd. 7. [MODEL NOTICE.] The department of health, in consultation with the department of children, families, and learning, the office of environmental assistance, and University of Minnesota extension service, shall develop and make available to schools by August 1, 2000, a model notice in a form that can be used by a school, Head Start program, or child care provider if it chooses to do so. The department shall make the model notice available to schools by August 1, 2000, and to Head Start programs and child care providers by August 1, 2001. The model notice must include the information required by this section. The department of health must provide an opportunity for environmental groups, interested parents, public health organizations, and other parties to work with the department in developing the model notice.

Subd. 8. [PLAN.] A school, Head Start program, or child care provider is not required to adopt an integrated pest management plan. A school board, Head Start program, or child care provider may only notify students, parents, or employees that it has adopted an integrated pest management plan if the plan is a managed pest control program designed to minimize the risk to human health and the environment and to reduce the use of chemical pesticides, and which ranks the district's, Head Start program's, or child care provider's response to pests in the following manner:

(1) identifying pests which need to be controlled;

(2) establishing tolerable limits of each identified pest;

(3) designing future buildings and landscapes to prevent identified pests;

(4) excluding identified pests from sites and buildings using maintenance practices;

(5) adapting cleaning activities and best management practices to minimize the number of pests;

(6) using mechanical methods of controlling identified pests; and

(7) controlling identified pests using the least toxic pesticides with the least exposure to persons as is practicable.

Subd. 9. [PESTICIDE DEFINED; CLEANING PRODUCTS EXCLUDED.] For purposes of this section, the term "pesticide" has the meaning given it in section 18B.01, subdivision 18, except that it does not include any disinfectants, sanitizers, deodorizers, or antimicrobial agents used for general cleaning purposes.

Subd. 10. [PEST DEFINED.] For purposes of this section, the term "pest" has the meaning given it in section 18B.01, subdivision 17.

Subd. 11. [SCHOOL DEFINED.] For the purposes of this section, "school" means a school as defined in section 120A.22, subdivision 4, excluding home schools.

Subd. 11a. [CHILD CARE PROVIDER.] For the purposes of this section, "child care provider" means a provider as defined in section 119B.011, subdivision 19, excluding child care services provided in the child's home.

Subd. 12. [IMMUNITY FROM LIABILITY.] No cause of action may be brought against a school district, a school, or the districts or school's employees or agents any of the following persons for any failure to comply with the requirements under this section:

(1) a school district, a school, or the district's or school's employees or agents; 

(2) A Head Start program or the program's employees or agents; or

(3) a child care provider or the provider's employees or agents.

Subd. 13. [EVIDENCE OF FAILURE TO COMPLY EXCLUDED.] A failure to comply with the requirements of this section may not be presented as evidence in any lawsuit based upon physical injury resulting from exposure to pesticides applied at a school, Head Start program, or child care facility.

Subd. 14. [NO SPECIAL RIGHTS.] Nothing in this section affects the duty of a parent or a student to comply with the compulsory attendance law or the duty of a school, Head Start, or child care employee to comply with the provisions of an applicable employment contract or policy.

[EFFECTIVE DATE.] This section is effective August 1, 2001."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The Speaker assumed the Chair.

Kelliher moved to amend the Wagenius et al amendment to H. F. No. 1515, the second engrossment, as amended, as follows:

Page 4, line 30, after "a" insert "licensed" and after "provider" insert a period and delete the remainder of the line

Page 4, delete lines 31 and 32

The motion prevailed and the amendment to the amendment was adopted.

Sykora moved to amend the Wagenius et al amendment, as amended, to H. F. No. 1515, the second engrossment, as amended, as follows:

Page 4, line 30, after "care" insert "center"

The motion prevailed and the amendment to the amendment, as amended, was adopted.

The question recurred on the Wagenius et al amendment, as amended, and the roll was called.

Pursuant to rule 2.05, Speaker pro tempore Abrams excused Anderson, B., from voting on the Wagenius et al amendment, as amended, to H. F. No. 1515, the second engrossment, as amended.

There were 131 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abeler	Dorn	Holberg	Leppik	Osthoff	Solberg
Abrams	Eastlund	Holsten	Lieder	Otremba	Stanek
Anderson, I.	Entenza	Howes	Lindner	Ozment	Stang
Bakk	Erhardt	Huntley	Lipman	Paulsen	Swapinski
Bernardy	Erickson	Jacobson	Luther	Pawlenty	Swenson
Biernat	Evans	Jaros	Mahoney	Paymar	Sykora
Bishop	Finseth	Jennings	Mares	Pelowski	Thompson
Boudreau	Folliard	Johnson, J.	Mariani	Penas	Tingelstad
Bradley	Fuller	Johnson, R.	Marko	Peterson	Tuma
Buesgens	Gerlach	Johnson, S.	Marquart	Pugh	Vandeveer
Carlson	Gleason	Juhnke	McElroy	Rhodes	Wagenius
Cassell	Goodno	Kalis	McGuire	Rifenberg	Walz
Clark, J.	Goodwin	Kelliher	Milbert	Rukavina	Wasiluk
Clark, K.	Gray	Kielkucki	Molnau	Ruth	Wenzel
Daggett	Greiling	Knoblach	Mulder	Schumacher	Westerberg
Davids	Gunther	Koskinen	Mullery	Seagren	Westrom
Davnie	Haas	Krinkie	Murphy	Seifert	Wilkin
Dawkins	Hackbarth	Kubly	Ness	Sertich	Winter
Journal of the House - 46th Day - Thursday, May 3, 2001 - Top of Page 3570
Dehler	Harder	Kuisle	Nornes	Skoe	Wolf
Dempsey	Hausman	Larson	Olson	Skoglund	Workman
Dibble	Hilstrom	Leighton	Opatz	Slawik	Spk. Sviggum
Dorman	Hilty	Lenczewski	Osskopp	Smith

The motion prevailed and the amendment, as amended, was adopted.

H. F. No. 1515, A bill for an act relating to education; providing for family and early childhood education; modifying Head Start program; consolidating child care assistance programs; modifying early childhood screening, early childhood family education, and school readiness programs; directing allocation of federal child care development funds; consolidating certain advisory councils; establishing youth after-school enrichment program; modifying adult basic education program; requiring a report; providing for early childhood program evaluation; making various clarifying and technical changes; appropriating money; amending Minnesota Statutes 2000, sections 119A.12, by adding subdivisions; 119A.13, subdivision 4; 119A.21; 119A.22; 119A.51, by adding a subdivision; 119A.52; 119A.53; 119B.011, subdivisions 5, 7, 11, 12, 18, 19, by adding subdivisions; 119B.02, subdivisions 1, 2, 3, by adding subdivisions; 119B.061, subdivisions 1, 2, 4, 5; 121A.17, subdivision 1; 121A.30; 124D.135, by adding subdivisions; 124D.16, subdivision 2, by adding subdivisions; 124D.19, by adding subdivisions; 124D.20, subdivisions 1, 5, by adding a subdivision; 124D.221, subdivisions 1, 2, by adding a subdivision; 124D.518, subdivision 5; 124D.52, subdivision 2; 124D.522; 124D.531, subdivisions 1, 3, 7; 125A.28; 125B.20, subdivision 1; 134.31, subdivision 5; proposing coding for new law in Minnesota Statutes, chapters 119A; 119B; 124D; 134; repealing Minnesota Statutes 2000, sections 119A.13, subdivisions 1, 2, 3; 119A.14, subdivision 2; 119A.23; 119B.011, subdivision 20; 119B.03; 119B.04; 119B.05; 119B.06; 119B.07; 119B.074; 119B.08; 119B.09; 119B.10; 119B.11; 119B.12; 119B.13; 119B.14; 119B.15; 119B.16; 124D.16, subdivision 4; 124D.33; 124D.331; 125B.20, subdivision 3; Minnesota Rules, parts 3530.2610; 3530.2612; 3530.2614; 3530.2616; 3530.2618; 3530.2620; 3530.2622; 3530.2624; 3530.2626; 3530.2628; 3530.2630; 3530.2632; 3530.2634; 3530.2636; 3530.2638; 3530.2640; 3530.2642; 3530.2644.

The Speaker called Dehler to the Chair.

The bill was read for the third time, as amended, and placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 69 yeas and 64 nays as follows:

Those who voted in the affirmative were:

Abeler	Dempsey	Harder	Lipman	Penas	Tuma
Abrams	Dorman	Holberg	Mares	Rhodes	Vandeveer
Anderson, B.	Eastlund	Holsten	McElroy	Rifenberg	Walz
Bishop	Erhardt	Howes	Molnau	Ruth	Westerberg
Boudreau	Erickson	Jacobson	Mulder	Seagren	Westrom
Bradley	Finseth	Johnson, J.	Ness	Seifert	Wilkin
Journal of the House - 46th Day - Thursday, May 3, 2001 - Top of Page 3571
Buesgens	Fuller	Kielkucki	Nornes	Smith	Wolf
Cassell	Gerlach	Knoblach	Olson	Stanek	Workman
Clark, J.	Goodno	Krinkie	Osskopp	Stang	Spk. Sviggum
Daggett	Gunther	Kuisle	Ozment	Swenson
Davids	Haas	Leppik	Paulsen	Sykora
Dehler	Hackbarth	Lindner	Pawlenty	Tingelstad

Those who voted in the negative were:

Anderson, I.	Evans	Jennings	Lenczewski	Opatz	Skoglund
Bakk	Folliard	Johnson, R.	Lieder	Osthoff	Slawik
Bernardy	Gleason	Johnson, S.	Luther	Otremba	Solberg
Biernat	Goodwin	Juhnke	Mahoney	Paymar	Swapinski
Carlson	Gray	Kahn	Mariani	Pelowski	Thompson
Clark, K.	Greiling	Kalis	Marko	Peterson	Wagenius
Davnie	Hausman	Kelliher	Marquart	Pugh	Wasiluk
Dawkins	Hilstrom	Koskinen	McGuire	Rukavina	Wenzel
Dibble	Hilty	Kubly	Milbert	Schumacher	Winter
Dorn	Huntley	Larson	Mullery	Sertich
Entenza	Jaros	Leighton	Murphy	Skoe

The bill was passed, as amended, and its title agreed to.

Pawlenty moved that the House recess subject to the call of the Chair. The motion prevailed.

The House reconvened and was called to order by the Speaker.

Bishop, Tuma and Hilstrom.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 1326:

Paulsen, Knoblach and Pelowski.

Pursuant to rule 1.22, Bishop requested immediate consideration of H. F. No. 82.

H. F. No. 82 was reported to the House.

The Speaker called Boudreau to the Chair.

Ness and Solberg moved to amend H. F. No. 82, the third engrossment, as follows:

Page 126, after line 35, insert:

"Sec. 9. Minnesota Statutes 2000, section 123B.57, subdivision 8, is amended to read:

Subd. 8. [HEALTH, SAFETY, AND ENVIRONMENTAL MANAGEMENT COST.] (a) A district's cost for health, safety, and environmental management is limited to the lesser of:

(1) actual cost to implement their plan; or

(2) an amount determined by the commissioner, based on enrollment, building age, and size.

(b) The department may contract with regional service organizations, private contractors, Minnesota safety council, or state agencies to provide management assistance to school districts for health and safety capital projects. Management assistance is the development of written programs for the identification, recognition and control of hazards, and prioritization and scheduling of district health and safety capital projects. The department shall not exclude private contractors from the opportunity to provide any health and safety services to school districts.

(c) Notwithstanding paragraph (b), the department may approve revenue, up to the limit defined in paragraph (a) for districts having an approved health, safety, and environmental management plan that uses district staff to accomplish coordination and provided services."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Ness; Fuller; Bakk; Walz; Johnson, R.; Finseth; Pelowski; Juhnke; Kalis; Lieder; Winter; Kubly; Hilty; Peterson; Skoe; Otremba; Marquart and Cassell moved to amend H. F. No. 82, the third engrossment, as amended, as follows:

Page 6, delete lines 29 to 34 and insert:

"Subd. 11. [TRANSPORTATION RESERVE.] Each school district must establish a reserve for pupil transportation and must reserve an amount not less than the amount expended on pupil transportation in the prior year. The transportation reserve must include regular transportation, between schools transportation, integration, sparsity, nonpublic, and special needs transportation. This revenue may only be spent for transportation purposes. The board may adopt a written resolution unreserving any specified portion of the general education basic revenue otherwise reserved for transportation purposes. 

Sec. 7. Minnesota Statutes 2000, section 123B.92, is amended by adding a subdivision to read:

Subd. 12. [BUS PURCHASE RESERVE.] Each school district must reserve from the transportation reserve under subdivision 11 an amount equal to seven percent of the 15-year depreciation schedule of the district's owned or contracted school bus fleet, including specially equipped wheelchair lift school buses. Each school district must use this reserve for school bus purchases or other transportation purposes."

Renumber subsequent sections

Correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Kielkucki, Bradley, Kuisle, Buesgens, Mares, Greiling, Bishop and Carlson moved to amend H. F. No. 82, the third engrossment, as amended, as follows:

Page 176, after line 11, insert:

"Sec. 36. [RETURN OF FUNDS TO PEW CHARITABLE TRUSTS.]

The commissioner of children, families, and learning must return $113,423 of unspent funds received from the Pew Charitable Trusts through the Trusts' agreement with the Amherst H. Wilder Foundation that provided grants to the state of Minnesota and certain local units of government in the state for the period from June 9, 1994, through June 30, 1997, and the subsequent agreement between Pew Charitable Trusts and the state to extend the original grant period through June 30, 1998. The commissioner of finance shall determine the time and manner in which the department of children, families, and learning shall return the $113,423 of unspent funds, plus interest as set by the commissioner of finance, to the Pew Charitable Trusts. The department of children, families, and learning must pay this money from its existing budget. Money may not be appropriated specifically for the purposes of this section."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Kielkucki et al amendment and the roll was called. There were 132 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abeler	Dorn	Holberg	Lenczewski	Osskopp	Smith
Abrams	Eastlund	Holsten	Leppik	Osthoff	Solberg
Anderson, B.	Entenza	Howes	Lieder	Otremba	Stanek
Anderson, I.	Erhardt	Huntley	Lindner	Ozment	Stang
Bakk	Erickson	Jacobson	Lipman	Paulsen	Swapinski
Bernardy	Evans	Jaros	Luther	Pawlenty	Swenson
Bishop	Finseth	Jennings	Mahoney	Paymar	Sykora
Boudreau	Folliard	Johnson, J.	Mares	Pelowski	Thompson
Bradley	Fuller	Johnson, R.	Mariani	Penas	Tingelstad
Buesgens	Gerlach	Johnson, S.	Marko	Peterson	Tuma
Carlson	Gleason	Juhnke	Marquart	Pugh	Vandeveer
Cassell	Goodno	Kahn	McElroy	Rhodes	Wagenius
Clark, J.	Goodwin	Kalis	McGuire	Rifenberg	Walz
Clark, K.	Gray	Kelliher	Milbert	Rukavina	Wasiluk
Daggett	Greiling	Kielkucki	Molnau	Ruth	Wenzel
Davids	Gunther	Knoblach	Mulder	Schumacher	Westerberg
Davnie	Haas	Koskinen	Mullery	Seagren	Westrom
Dawkins	Hackbarth	Krinkie	Murphy	Seifert	Wilkin
Dehler	Harder	Kubly	Ness	Sertich	Winter
Dempsey	Hausman	Kuisle	Nornes	Skoe	Wolf
Journal of the House - 46th Day - Thursday, May 3, 2001 - Top of Page 3574
Dibble	Hilstrom	Larson	Olson	Skoglund	Workman
Dorman	Hilty	Leighton	Opatz	Slawik	Spk. Sviggum

The motion prevailed and the amendment was adopted.

Seagren moved to amend H. F. No. 82, the third engrossment, as amended, as follows:

Page 147, after line 13, insert:

"Sec. 5. Minnesota Statutes 2000, section 127A.41, subdivision 8, is amended to read:

Subd. 8. [APPROPRIATION TRANSFERS.] If a direct appropriation from the general fund to the department for any education aid or grant authorized in this chapter and chapters 122A, 123A, 123B, 124D, 125A, 126C, and 134, excluding appropriations under sections 124D.135, 124D.16, 124D.20, 124D.21, 124D.22, 124D.52, 124D.53, 124D.54, 124D.55, and 124D.56, exceeds the amount required, the commissioner may transfer the excess to any education aid or grant appropriation that is insufficient. However, section 126C.20 applies to a deficiency in the direct appropriation for general education aid. Excess appropriations must be allocated proportionately among aids or grants that have insufficient appropriations. The commissioner of finance shall make the necessary transfers among appropriations according to the determinations of the commissioner. If the amount of the direct appropriation for the aid or grant plus the amount transferred according to this subdivision is insufficient, the commissioner shall prorate the available amount among eligible districts. The state is not obligated for any additional amounts."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Davnie moved to amend H. F. No. 82, the third engrossment, as amended, as follows:

Page 110, line 2, after "2003" insert ". For fiscal year 2004"

Page 110, line 2, after "later" insert ", program growth factor means the statewide ratio of the special education costs for the previous fiscal year to the statewide special education costs for the second previous fiscal year"

Page 110, lines 8 and 16, strike "68" and insert "100" 

Page 111, after line 35, insert:

"Sec. 14. Minnesota Statutes 2000, section 125A.76, subdivision 4, is amended to read:

Subd. 4. [STATE TOTAL SPECIAL EDUCATION AID.] The state total special education aid for fiscal year 2000 equals $463,000,000. The state total special education aid for fiscal year 2001 equals $474,000,000. The state total special education aid for fiscal year 2004 equals $813,000,000. The state total special education aid for later fiscal years equals:

(1) the state total special education aid for the preceding fiscal year; times

(2) the program growth factor; times

(3) the ratio of the state total average daily membership for the current fiscal year to the state total average daily membership for the preceding fiscal year.

Sec. 15. Minnesota Statutes 2000, section 125A.79, subdivision 1, is amended to read:

Subdivision 1. [DEFINITIONS.] For the purposes of this section, the definitions in this subdivision apply.

(a) "Unreimbursed special education cost" means the sum of the following:

(1) expenditures for teachers' salaries, contracted services, supplies, equipment, and transportation services eligible for revenue under section 125A.76; plus

(2) expenditures for tuition bills received under sections 125A.03 to 125A.24 and 125A.65 for services eligible for revenue under section 125A.76, subdivision 2; minus

(3) revenue for teachers' salaries, contracted services, supplies, and equipment under section 125A.76; minus

(4) tuition receipts under sections 125A.03 to 125A.24 and 125A.65 for services eligible for revenue under section 125A.76, subdivision 2.

(b) "General revenue" means for fiscal year 1996, the sum of the general education revenue according to section 126C.10, subdivision 1, as adjusted according to section 127A.47, subdivision 7, plus the total referendum revenue according to section 126C.17, subdivision 4. For fiscal years 1997 and later, "general revenue" means the sum of the general education revenue according to section 126C.10, subdivision 1, as adjusted according to section 127A.47, subdivisions 7 and 8, plus the total referendum revenue minus transportation sparsity revenue minus total operating capital revenue.

(c) "Average daily membership" has the meaning given it in section 126C.05.

(d) "Program growth factor" means 1.044 for fiscal year 2002 and 1.02 for fiscal year 2003 and later.

Sec. 16. Minnesota Statutes 2000, section 125A.79, subdivision 2, is amended to read:

Subd. 2. [EXCESS COST AID, FISCAL YEARS 2000 AND 2001.] For fiscal years 2000 and 2001, 2004 and later, a district's special education excess cost aid equals the greatest of:

(a) 75 100 percent of the difference between (1) the district's unreimbursed special education cost and (2) 4.36 percent of the district's general revenue; 

(b) 70 percent of the difference between (1) the increase in the district's unreimbursed special education cost between the base year as defined in section 125A.76, subdivision 1, and the current year and (2) 1.6 percent of the district's general revenue; or

(c) zero. Each school district's excess cost aid must be reduced by the amount of any additional federal funds for special education aid for which such spending is authorized."

Page 121, after line 5, insert:

"Sec. 20. [REPEALER.]

Minnesota Statutes 2000, section 125A.79, subdivisions 5, 6, and 7, are repealed for revenue for fiscal years 2004 and later."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Davnie amendment and the roll was called. There were 66 yeas and 67 nays as follows:

Those who voted in the affirmative were:

Anderson, I.	Evans	Jaros	Leighton	Murphy	Skoe
Bakk	Folliard	Jennings	Lenczewski	Opatz	Skoglund
Bernardy	Gleason	Johnson, R.	Lieder	Osthoff	Slawik
Biernat	Goodwin	Johnson, S.	Luther	Otremba	Solberg
Carlson	Gray	Juhnke	Mahoney	Paymar	Swapinski
Clark, K.	Greiling	Kahn	Mariani	Pelowski	Thompson
Davnie	Hausman	Kalis	Marko	Peterson	Wagenius
Dawkins	Hilstrom	Kelliher	Marquart	Pugh	Wasiluk
Dibble	Hilty	Koskinen	McGuire	Rukavina	Wenzel
Dorn	Huntley	Kubly	Milbert	Schumacher	Westerberg
Entenza	Jacobson	Larson	Mullery	Sertich	Winter

Those who voted in the negative were:

Abeler	Dempsey	Harder	Mares	Rhodes	Vandeveer
Abrams	Dorman	Holberg	McElroy	Rifenberg	Walz
Anderson, B.	Eastlund	Holsten	Molnau	Ruth	Westrom
Bishop	Erhardt	Howes	Mulder	Seagren	Wilkin
Boudreau	Erickson	Johnson, J.	Ness	Seifert	Wolf
Bradley	Finseth	Kielkucki	Nornes	Smith	Workman
Buesgens	Fuller	Knoblach	Olson	Stanek	Spk. Sviggum
Cassell	Gerlach	Krinkie	Osskopp	Stang
Clark, J.	Goodno	Kuisle	Ozment	Swenson
Daggett	Gunther	Leppik	Paulsen	Sykora
Davids	Haas	Lindner	Pawlenty	Tingelstad
Dehler	Hackbarth	Lipman	Penas	Tuma

The motion did not prevail and the amendment was not adopted.

Olson and Osskopp moved to amend H. F. No. 82, the third engrossment, as amended, as follows:

Page 185, line 35, after the period, insert "A school district should annually administer a national norm referenced test to students in grades 4, 6, 7, 8 and 9 to the extent district funds are available for this purpose."

The motion prevailed and the amendment was adopted.

Olson and Osskopp moved to amend H. F. No. 82, the third engrossment, as amended, as follows:

Page 58, after line 8, insert:

"(e) A school district must use a portion of its staff development revenue and its teacher mentoring and induction revenue to ensure that all teachers are trained to teach to students at multiple levels of performance with an emphasis on instruction techniques for gifted and talented students."

The motion did not prevail and the amendment was not adopted.

Fuller moved to amend H. F. No. 82, the third engrossment, as amended, as follows:

Page 143, after line 34, insert:

"Sec. 28. [LAPORTE; INDOOR AIR QUALITY EXEMPTION.]

For the school facility currently under construction only, in independent school district No. 306, Laporte, is exempt from the indoor air quality requirements under Minnesota Statutes, section 123B.71, subdivisions 3 and 10, and section 123B.72.

[EFFECTIVE DATE.] This section is effective the day following final enactment."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Fuller amendment and the roll was called. There were 54 yeas and 79 nays as follows:

Those who voted in the affirmative were:

Abrams	Davids	Haas	Knoblach	Ness	Skoe
Anderson, B.	Dehler	Hackbarth	Krinkie	Nornes	Stanek
Bishop	Eastlund	Harder	Kuisle	Olson	Stang
Boudreau	Erickson	Holberg	Lindner	Osskopp	Swenson
Bradley	Finseth	Holsten	Lipman	Paulsen	Sykora
Buesgens	Fuller	Howes	Mares	Rifenberg	Tuma
Cassell	Gerlach	Jacobson	McElroy	Ruth	Westrom
Clark, J.	Goodno	Johnson, J.	Molnau	Seagren	Workman
Daggett	Gunther	Kielkucki	Mulder	Seifert	Spk. Sviggum

Those who voted in the negative were:

Abeler	Erhardt	Johnson, S.	Mariani	Penas	Vandeveer
Anderson, I.	Evans	Juhnke	Marko	Peterson	Wagenius
Bakk	Folliard	Kahn	Marquart	Pugh	Walz
Bernardy	Gleason	Kalis	McGuire	Rhodes	Wasiluk
Biernat	Goodwin	Kelliher	Milbert	Rukavina	Wenzel
Carlson	Gray	Koskinen	Mullery	Schumacher	Westerberg
Clark, K.	Greiling	Kubly	Murphy	Sertich	Wilkin
Davnie	Hausman	Larson	Opatz	Skoglund	Winter
Dawkins	Hilstrom	Leighton	Osthoff	Slawik	Wolf
Dempsey	Hilty	Lenczewski	Otremba	Smith
Dibble	Huntley	Leppik	Ozment	Solberg
Dorman	Jaros	Lieder	Pawlenty	Swapinski
Dorn	Jennings	Luther	Paymar	Thompson
Entenza	Johnson, R.	Mahoney	Pelowski	Tingelstad

The motion did not prevail and the amendment was not adopted.

Buesgens, Cassell and Mulder moved to amend H. F. No. 82, the third engrossment, as amended, as follows:

Page 58, after line 26, insert:

"Sec. 23. [123B.305] [REASONABLE ACCESS; DISTRIBUTION OF WRITTEN MATERIALS; OFF-TIME USE OF SCHOOL FACILITIES.]

(a) A public school may adopt a policy to give community organizations that provide programs or services to children or youth with reasonable access to the school's facilities for the purpose of distributing written materials appropriate to the school setting. A district is not required to distribute written materials that disrupt the school's educational program. A school must not deny a community organization reasonable access under this paragraph based on the organization's membership, policies or ideological views.

(b) A public school must apply the same conditions to all community organizations that seek off-time use of the school's facilities and must not deny an organization access to the school's facilities because of the organization's membership, policies or ideological views.

[EFFECTIVE DATE.] This section is effective the day following final enactment."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Seifert and Wenzel moved to amend H. F. No. 82, the third engrossment, as amended, as follows:

Page 83, after line 16, insert: 

"Sec. 52. [LABORATORY SCHOOL; INNOVATIVE TEACHING TECHNIQUES.]

Subdivision 1. [PURPOSE.] The purpose of this section is to ensure that the school children in kindergarten through grade 5 in the Randall area, elsewhere in the Little Falls school district, and in all school districts in the state have access to a high quality, innovative education experience.

Subd. 2. [JOINT OFFICE ESTABLISHED.] Independent school district No. 482, Little Falls; the department of children, families, and learning; Minnesota state colleges and universities; and St. Cloud State University's school of education shall collaborate for the purpose of establishing a joint office, if funds are available, to evaluate curriculum, instruction, and testing. The office shall be located at the Dr. S. G. Knight school in Randall.

Subd. 3. [LABORATORY SCHOOL.] The office under authority of independent school district No. 482, Little Falls shall, if funds are available, operate a laboratory school program for elementary students in kindergarten through grade 5 at the Dr. S. G. Knight school. The laboratory school, if established, must be used to develop innovative teaching techniques that enhance students' learning experiences. The office, if established, must make the innovative teaching techniques, which must include testing of students' knowledge, developed at the laboratory school available to all school districts in the state.

[EFFECTIVE DATE.] This section is effective July 1, 2001."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Seifert and Wenzel amendment and the roll was called. There were 96 yeas and 20 nays as follows:

Those who voted in the affirmative were:

Abeler	Dawkins	Holberg	Lindner	Paulsen	Sykora
Abrams	Dehler	Holsten	Lipman	Pawlenty	Thompson
Anderson, B.	Dempsey	Howes	Luther	Pelowski	Tingelstad
Anderson, I.	Dorman	Jacobson	Mares	Penas	Tuma
Bakk	Eastlund	Johnson, J.	Marquart	Rhodes	Vandeveer
Bernardy	Erhardt	Johnson, S.	McElroy	Rifenberg	Wagenius
Biernat	Erickson	Kahn	Milbert	Ruth	Walz
Bishop	Finseth	Kielkucki	Molnau	Schumacher	Wasiluk
Boudreau	Fuller	Knoblach	Mulder	Seagren	Wenzel
Bradley	Gerlach	Krinkie	Ness	Seifert	Westerberg
Buesgens	Goodwin	Kubly	Nornes	Skoe	Westrom
Carlson	Gunther	Kuisle	Olson	Slawik	Wilkin
Cassell	Haas	Larson	Opatz	Smith	Winter
Clark, J.	Hackbarth	Lenczewski	Osskopp	Stanek	Wolf
Daggett	Harder	Leppik	Otremba	Stang	Workman
Davids	Hilstrom	Lieder	Ozment	Swenson	Spk. Sviggum

Those who voted in the negative were:

Davnie	Folliard	Hausman	Koskinen	McGuire	Swapinski
Dibble	Gleason	Hilty	Leighton	Murphy
Dorn	Gray	Huntley	Mahoney	Skoglund
Evans	Greiling	Kalis	Mariani

The motion prevailed and the amendment was adopted.

Goodwin and Slawik moved to amend H. F. No. 82, the third engrossment, as amended, as follows:

Page 56, after line 27, insert:

"Sec. 20. [122A.34] [PROFESSIONAL EDUCATION STAFF; RATIOS.]

(a) For purposes of this section, professional education staff includes school guidance counselors, school psychologists, school nurses, school social workers and chemical dependency treatment counselors.

(b) A school board must employ the number of professional education staff needed so that the student to professional education staff ratio by the end of the 2019-2020 school year does not exceed: 250 to one in grades 9 through 12; 350 to one in grades 7 and 8; and 450 to one in kindergarten through grade 6.

(c) The commissioner shall develop guidelines for equitably distributing funds available for this purpose to all eligible public schools throughout the state. If the appropriation is insufficient to fund all school sites, the commissioner must determine and publish a fair method for funding eligible school sites.

(d) In any year, if the funding in the current fiscal year is insufficient to fully fund the ratios in paragraph (b) for all eligible school districts, then those ratios do not apply for that year.

[EFFECTIVE DATE.] This section is effective July 1, 2001."

Page 96, line 1, delete "$2,500,000" and insert "$500,000"

Page 96, after line 14, insert:

"Subd. 30. [PROFESSIONAL EDUCATION STAFF; RATIOS.] For student to professional education staff ratios under Minnesota Statutes, section 122A.34:

$1,000,000 . . . . . 2002

$1,000,000 . . . . . 2003

The commissioner shall make payments only to the extent that appropriated funds are available.

The base budget for this appropriation is increased by ten percent per fiscal year."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The Speaker resumed the Chair.

The question was taken on the Goodwin and Slawik amendment and the roll was called. There were 65 yeas and 68 nays as follows:

Those who voted in the affirmative were:

Anderson, I.	Entenza	Jaros	Leighton	Murphy	Skoe
Bakk	Evans	Jennings	Lenczewski	Opatz	Skoglund
Bernardy	Folliard	Johnson, R.	Lieder	Osthoff	Slawik
Biernat	Gleason	Johnson, S.	Luther	Otremba	Solberg
Carlson	Goodwin	Juhnke	Mahoney	Paymar	Swapinski
Clark, K.	Gray	Kahn	Mariani	Pelowski	Thompson
Davnie	Greiling	Kalis	Marko	Peterson	Wagenius
Dawkins	Hausman	Kelliher	Marquart	Pugh	Wasiluk
Dehler	Hilstrom	Koskinen	McGuire	Rukavina	Wenzel
Dibble	Hilty	Kubly	Milbert	Schumacher	Winter
Dorn	Huntley	Larson	Mullery	Sertich

Those who voted in the negative were:

Abeler	Dorman	Holberg	Mares	Rhodes	Vandeveer
Abrams	Eastlund	Holsten	McElroy	Rifenberg	Walz
Anderson, B.	Erhardt	Howes	Molnau	Ruth	Westerberg
Bishop	Erickson	Jacobson	Mulder	Seagren	Westrom
Boudreau	Finseth	Johnson, J.	Ness	Seifert	Wilkin
Bradley	Fuller	Kielkucki	Nornes	Smith	Wolf
Buesgens	Gerlach	Knoblach	Olson	Stanek	Workman
Cassell	Goodno	Krinkie	Osskopp	Stang	Spk. Sviggum
Clark, J.	Gunther	Kuisle	Ozment	Swenson
Daggett	Haas	Leppik	Paulsen	Sykora
Davids	Hackbarth	Lindner	Pawlenty	Tingelstad
Dempsey	Harder	Lipman	Penas	Tuma

The motion did not prevail and the amendment was not adopted.

Schumacher and Bernardy moved to amend H. F. No. 82, the third engrossment, as amended, as follows:

Page 11, line 3, delete "2002" and insert "2004"

Page 11, line 5, after "skills revenue," insert "gifted and talented revenue,"

Page 11, after line 22, insert:

"Sec. 14. Minnesota Statutes 2000, section 126C.10, is amended by adding a subdivision to read:

Subd. 2a. [GIFTED AND TALENTED REVENUE.] For fiscal years 2004 and later, gifted and talented revenue for each district equals $10 times the district's adjusted marginal cost pupil units. A school district must reserve gifted and talented revenue and must spend the revenue only to:

(1) identify gifted and talented students; 

(2) provide educational programming for gifted and talented students; or

(3) provide staff development to aid in the teaching of gifted and talented students."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Schumacher and Bernardy amendment and the roll was called. There were 66 yeas and 67 nays as follows:

Those who voted in the affirmative were:

Anderson, I.	Evans	Jennings	Lenczewski	Opatz	Skoe
Bakk	Folliard	Johnson, R.	Lieder	Osthoff	Skoglund
Bernardy	Gleason	Johnson, S.	Luther	Otremba	Slawik
Biernat	Goodwin	Juhnke	Mahoney	Paymar	Solberg
Carlson	Gray	Kahn	Mariani	Pelowski	Swapinski
Clark, K.	Greiling	Kalis	Marko	Penas	Thompson
Davnie	Hausman	Kelliher	Marquart	Peterson	Wagenius
Dawkins	Hilstrom	Koskinen	McGuire	Pugh	Walz
Dibble	Hilty	Kubly	Milbert	Rukavina	Wasiluk
Dorn	Huntley	Larson	Mullery	Schumacher	Wenzel
Entenza	Jaros	Leighton	Murphy	Sertich	Winter

Those who voted in the negative were:

Abeler	Dempsey	Harder	Lipman	Rhodes	Vandeveer
Abrams	Dorman	Holberg	Mares	Rifenberg	Westerberg
Anderson, B.	Eastlund	Holsten	McElroy	Ruth	Westrom
Bishop	Erhardt	Howes	Molnau	Seagren	Wilkin
Boudreau	Erickson	Jacobson	Mulder	Seifert	Wolf
Bradley	Finseth	Johnson, J.	Ness	Smith	Workman
Buesgens	Fuller	Kielkucki	Nornes	Stanek	Spk. Sviggum
Cassell	Gerlach	Knoblach	Olson	Stang
Clark, J.	Goodno	Krinkie	Osskopp	Swenson
Daggett	Gunther	Kuisle	Ozment	Sykora
Davids	Haas	Leppik	Paulsen	Tingelstad
Dehler	Hackbarth	Lindner	Pawlenty	Tuma

The motion did not prevail and the amendment was not adopted.

Skoe; Johnson, R.; Marquart and Sertich moved to amend H. F. No. 82, the third engrossment, as amended, as follows:

Page 10, line 14, after "(b)" insert "For fiscal years 2002 and 2003," 

Page 10, after line 20, insert:

"(c) For fiscal year 2004 and later, adjusted marginal cost pupil units means the greater of:

(1) the number of adjusted pupil units defined in paragraph (a) for the current school year; or

(2) the sum of the pupil units defined in paragraph (a) for the current school year and two preceding school years divided by three."

Page 10, line 28, after "(b)" insert "For fiscal years 2002 and 2003,"

Page 10, after line 33, insert:

"(c) For fiscal year 2004 and later, resident marginal cost pupil units means the greater of:

(1) the number of resident pupil units defined in paragraph (a) for the current school year; or

(2) the sum of the pupil units defined in paragraph (a) for the current school year and two preceding school years divided by three."

A roll call was requested and properly seconded.

The question was taken on the Skoe et al amendment and the roll was called. There were 65 yeas and 68 nays as follows:

Those who voted in the affirmative were:

Anderson, I.	Evans	Jennings	Lenczewski	Osthoff	Skoglund
Bakk	Folliard	Johnson, R.	Lieder	Otremba	Slawik
Bernardy	Gleason	Johnson, S.	Luther	Paymar	Solberg
Biernat	Goodwin	Juhnke	Mahoney	Pelowski	Swapinski
Carlson	Gray	Kahn	Mariani	Penas	Thompson
Clark, K.	Greiling	Kalis	Marquart	Peterson	Wagenius
Davnie	Hausman	Kelliher	McGuire	Pugh	Wasiluk
Dawkins	Hilstrom	Koskinen	Milbert	Rukavina	Wenzel
Dibble	Hilty	Kubly	Mullery	Schumacher	Westrom
Dorn	Huntley	Larson	Murphy	Sertich	Winter
Entenza	Jaros	Leighton	Opatz	Skoe

Those who voted in the negative were:

Abeler	Dempsey	Harder	Lipman	Pawlenty	Tuma
Abrams	Dorman	Holberg	Mares	Rhodes	Vandeveer
Anderson, B.	Eastlund	Holsten	Marko	Rifenberg	Walz
Bishop	Erhardt	Howes	McElroy	Ruth	Westerberg
Boudreau	Erickson	Jacobson	Molnau	Seagren	Wilkin
Bradley	Finseth	Johnson, J.	Mulder	Seifert	Wolf
Buesgens	Fuller	Kielkucki	Ness	Smith	Workman
Cassell	Gerlach	Knoblach	Nornes	Stanek	Spk. Sviggum
Clark, J.	Goodno	Krinkie	Olson	Stang
Daggett	Gunther	Kuisle	Osskopp	Swenson
Davids	Haas	Leppik	Ozment	Sykora
Dehler	Hackbarth	Lindner	Paulsen	Tingelstad

The motion did not prevail and the amendment was not adopted.

Pugh, Schumacher, Evans, Koskinen and Bernardy moved to amend H. F. No. 82, the third engrossment, as amended, as follows:

Page 123, line 2, after "(c)" insert a period and delete the rest of the line

Page 123, delete lines 3 to 7

Page 124, line 9, after "(b)" insert "(1) For fiscal year 2003,"

Page 124, after line 13, insert:

"(2) For fiscal year 2004 and later, the first tier debt service equalization revenue of a district equals the greater of zero or the eligible debt service revenue minus the amount raised by a levy of 10 percent times the adjusted net tax capacity of the district minus the second tier debt service equalization revenue of the district."

Page 124, line 36, after "$4,000" insert "for fiscal year 2003 and $6,000 for fiscal year 2004 and later"

Page 125, line 16, delete "$32,897,000" and insert "$55,897,000"

Page 125, line 17, delete "$28,547,000" and insert "$51,547,000"

A roll call was requested and properly seconded.

The question was taken on the Pugh et al amendment and the roll was called. There were 66 yeas and 67 nays as follows:

Those who voted in the affirmative were:

Anderson, I.	Evans	Jennings	Lenczewski	Murphy	Skoe
Bakk	Folliard	Johnson, R.	Lieder	Opatz	Skoglund
Bernardy	Gleason	Johnson, S.	Lipman	Osthoff	Slawik
Biernat	Goodwin	Juhnke	Luther	Otremba	Solberg
Carlson	Gray	Kahn	Mahoney	Paymar	Swapinski
Clark, K.	Greiling	Kalis	Mariani	Pelowski	Thompson
Davnie	Hausman	Kelliher	Marko	Peterson	Wagenius
Dawkins	Hilstrom	Koskinen	Marquart	Pugh	Wasiluk
Dibble	Hilty	Kubly	McGuire	Rukavina	Wenzel
Dorn	Huntley	Larson	Milbert	Schumacher	Westerberg
Entenza	Jaros	Leighton	Mullery	Sertich	Winter

Those who voted in the negative were:

Abeler	Dempsey	Harder	Mares	Rhodes	Vandeveer
Abrams	Dorman	Holberg	McElroy	Rifenberg	Walz
Anderson, B.	Eastlund	Holsten	Molnau	Ruth	Westrom
Bishop	Erhardt	Howes	Mulder	Seagren	Wilkin
Boudreau	Erickson	Jacobson	Ness	Seifert	Wolf
Bradley	Finseth	Johnson, J.	Nornes	Smith	Workman
Buesgens	Fuller	Kielkucki	Olson	Stanek	Spk. Sviggum
Cassell	Gerlach	Knoblach	Osskopp	Stang
Clark, J.	Goodno	Krinkie	Ozment	Swenson
Daggett	Gunther	Kuisle	Paulsen	Sykora
Davids	Haas	Leppik	Pawlenty	Tingelstad
Dehler	Hackbarth	Lindner	Penas	Tuma

The motion did not prevail and the amendment was not adopted.

Carlson, Solberg, Greiling, Hilstrom, Thompson, Koskinen, Bernardy, Wasiluk, Evans and Goodwin moved to amend H. F. No. 82, the third engrossment, as amended, as follows:

Page 11, line 21, delete "$4,050" and insert "$4,273"

Page 11, line 22, delete "$4,175" and insert "$4,400"

Page 14, after line 21, insert:

"Sec. 23. [126C.105] [EDUCATION ENHANCEMENT REVENUE.]

Subdivision 1. [ACCOUNT CREATED.] The education enhancement account is created in the special revenue fund.

Subd. 2. [FUNDS DEPOSITED.] Notwithstanding Minnesota Statutes, section 290.62, $180,500,000 in fiscal year 2002 and $180,500,000 in fiscal year 2003 of the amounts collected under Minnesota Statutes, section 290.06, subdivision 2c, are deposited in the education enhancement account in the special revenue account.

Subd. 3. [APPROPRIATION.] $112,500,000 in fiscal year 2002 and $112,500,000 in fiscal year 2003 are appropriated from the education enhancement account in the special revenue fund account for general education aid under Minnesota Statutes, section 126C.13."

Page 28, after line 29, insert:

"Sec. 44. Minnesota Statutes 2000, section 127A.45, subdivision 13, is amended to read:

Subd. 13. [AID PAYMENT PERCENTAGE.] Except as provided in subdivisions 11, 12, 12a, and 14, each fiscal year, all education aids and credits in this chapter and chapters 120A, 120B, 121A, 122A, 123A, 123B, 124D, 125A, 125B, 126C, 134, and section 273.1392, shall be paid at 90 85 percent of the estimated entitlement during the fiscal year of the entitlement. The final adjustment payment, according to subdivision 9, must be the amount of the actual entitlement, after adjustment for actual data, minus the payments made during the fiscal year of the entitlement."

Page 34, after line 29, insert:

"Sec. 55. [DIRECTION TO COMMISSIONER; PAYMENT PERCENTAGE.]

The commissioner shall adjust all appropriations in this act in order to make school district aid payments consistent with Minnesota Statutes, section 127A.45, subdivision 13."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Carlson et al amendment and the roll was called. There were 62 yeas and 71 nays as follows:

Those who voted in the affirmative were:

Anderson, I.	Evans	Jennings	Lieder	Otremba	Solberg
Bakk	Folliard	Johnson, R.	Luther	Paymar	Swapinski
Bernardy	Gleason	Johnson, S.	Mahoney	Pelowski	Thompson
Biernat	Goodwin	Juhnke	Mariani	Peterson	Wagenius
Carlson	Gray	Kahn	Marquart	Pugh	Wasiluk
Clark, K.	Greiling	Kalis	McGuire	Rukavina	Wenzel
Davnie	Hausman	Kelliher	Milbert	Schumacher	Winter
Journal of the House - 46th Day - Thursday, May 3, 2001 - Top of Page 3586
Dawkins	Hilstrom	Koskinen	Mullery	Sertich
Dibble	Hilty	Kubly	Murphy	Skoe
Dorn	Huntley	Larson	Opatz	Skoglund
Entenza	Jaros	Leighton	Osthoff	Slawik

Those who voted in the negative were:

Abeler	Dempsey	Harder	Lindner	Paulsen	Sykora
Abrams	Dorman	Holberg	Lipman	Pawlenty	Tingelstad
Anderson, B.	Eastlund	Holsten	Mares	Penas	Tuma
Bishop	Erhardt	Howes	Marko	Rhodes	Vandeveer
Boudreau	Erickson	Jacobson	McElroy	Rifenberg	Walz
Bradley	Finseth	Johnson, J.	Molnau	Ruth	Westerberg
Buesgens	Fuller	Kielkucki	Mulder	Seagren	Westrom
Cassell	Gerlach	Knoblach	Ness	Seifert	Wilkin
Clark, J.	Goodno	Krinkie	Nornes	Smith	Wolf
Daggett	Gunther	Kuisle	Olson	Stanek	Workman
Davids	Haas	Lenczewski	Osskopp	Stang	Spk. Sviggum
Dehler	Hackbarth	Leppik	Ozment	Swenson

The motion did not prevail and the amendment was not adopted.

H. F. No. 82, as amended, was read for the third time.

Pawlenty moved that the action whereby H. F. No. 82, as amended, was given its third reading be now reconsidered. The motion prevailed.

The Speaker called Boudreau to the Chair.

Seagren moved to amend H. F. No. 82, the third engrossment, as amended, as follows:

Page 45, line 6, after "teachers" insert "defined in paragraph (c)"

The motion prevailed and the amendment was adopted.

Seagren moved to amend H. F. No. 82, the third engrossment, as amended, as follows:

Page 95, after line 16, insert:

"Up to $250,000 each year may be used for the Jobs for America graduates program."

The motion prevailed and the amendment was adopted.

The Speaker resumed the Chair.

H. F. No. 82, A bill for an act relating to education; providing for kindergarten through grade 12 education including general education revenue; education excellence; special programs; facilities and technology; nutrition, school accounting, and other programs; agency provisions; deficiencies; local achievement testing; and technical amendments; appropriating money; amending Minnesota Statutes 2000, sections 16B.616, subdivision 4; 120A.05, by adding a subdivision; 120B.02; 120B.031, subdivision 11; 120B.13, subdivision 1; 120B.30, subdivision 1; 120B.31, subdivision 3; 120B.35; 121A.11, by adding subdivisions; 121A.41, subdivision 10; 121A.45, subdivision 2, by adding a subdivision; 121A.582; 121A.61, subdivision 2; 122A.06, by adding a subdivision; 122A.09, subdivision 4; 122A.162; 122A.163; 122A.18, subdivisions 1, 2, 2a, 4, by adding subdivisions; 122A.20, subdivision 2; 122A.21; 122A.26, subdivision 3; 122A.31; 122A.61, subdivision 1; 123B.03, subdivision 3; 123B.143, subdivision 1; 123B.42, subdivision 3; 123B.44, subdivision 6; 123B.53, subdivisions 1, 2, 4, 5; 123B.54; 123B.57, subdivisions 3, 6, 8; 123B.71, subdivisions 1, 4, 8, 9; 123B.75, subdivision 5, by adding subdivisions; 123B.80, subdivision 1; 123B.92, by adding subdivisions; 124D.10, subdivisions 1, 3, 4, 6, 8, 10, 14, 15, 19, 23, 25, by adding subdivisions; 124D.11, subdivisions 4, 5, 9; 124D.128, subdivisions 1, 2, 3, 6; 124D.454, subdivision 11; 124D.65, subdivision 5; 124D.69, subdivision 1; 124D.74, subdivisions 1, 2, 3, 4, 6; 124D.75, subdivision 6; 124D.76; 124D.78, subdivision 1; 124D.81, subdivisions 1, 3, 5, 6, 7; 124D.86, subdivisions 3, 6; 125A.023, subdivision 4; 125A.08; 125A.09, subdivision 3; 125A.11, subdivision 3; 125A.17; 125A.27, subdivision 15; 125A.76, subdivisions 1, 2; 126C.05, subdivisions 1, 3, 5, 6, 15; 126C.10, subdivisions 1, 2, 3, 9, 20, 21, 22, 24, 25, 27, by adding a subdivision; 126C.12, subdivisions 2, 3, 4, 5, by adding a subdivision; 126C.13, subdivision 1; 126C.15, subdivisions 1, 2, 5; 126C.16, by adding a subdivision; 126C.17, subdivisions 1, 2, 5, 6, 9, 10, 11; 126C.23, subdivision 5; 126C.41, subdivision 3; 126C.43, subdivision 3; 126C.63, subdivision 8; 126C.69, subdivisions 2, 3, 9, 12, 15; 127A.05, subdivision 1; 127A.41, subdivisions 5, 8, 9; 127A.45, subdivision 12, by adding a subdivision; 127A.50, subdivision 2; 136D.281, subdivision 4; 136D.741, subdivision 4; 136D.88, subdivision 4; 179A.20, by adding a subdivision; 214.01, subdivision 3; 214.04, subdivisions 1, 3; 214.12, subdivision 1; 260A.01; 260C.163, subdivision 11; 475.53, subdivision 4; 475.61, subdivision 3; 626.556, subdivision 2; Laws 1992, chapter 499, article 7, section 31, as amended; Laws 2000, chapter 489, article 2, sections 34, 36, 37, subdivision 3, 39, subdivision 2; Laws 2000, chapter 489, article 3, sections 24, 25, subdivision 5; Laws 2000, chapter 489, article 5, section 21; Laws 2000, chapter 489, article 7, section 15, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 120B; 122A; 123B; 124D; 127A; repealing Minnesota Statutes 2000, sections 120B.031; 120B.31, subdivisions 1, 2, 4; 123B.05; 123B.71, subdivisions 3, 10; 124D.07; 124D.1155; 124D.128, subdivision 7; 124D.32; 124D.85; 126C.01, subdivision 10; 126C.10, subdivisions 3, 12, 23, 28; 126C.16, subdivision 2; 126C.17, subdivision 12; 126C.18; 126C.22; 126C.30; 126C.31; 126C.32; 126C.33; 126C.34; 126C.35; 126C.36; 126C.42, subdivisions 2, 3; 126C.47; 127A.44; 135A.081; 136D.281, subdivision 8; 136D.741, subdivision 8; 136D.88, subdivision 8; 136D.94; Laws 2000, chapter 254, section 30; Laws 2000, chapter 489, article 1, section 18; Minnesota Rules, parts 3501.0300; 3501.0310; 3501.0320; 3501.0330; 3501.0340; 3501.0350; 3501.0370; 3501.0380; 3501.0390; 3501.0400; 3501.0410; 3501.0420; 3501.0430; 3501.0440; 3501.0441; 3501.0442; 3501.0443; 3501.0444; 3501.0445; 3501.0446; 3501.0447; 3501.0448; 3501.0449; 3501.0450; 3501.0460; 3501.0461; 3501.0462; 3501.0463; 3501.0464; 3501.0465; 3501.0466; 3501.0467; 3501.0468; 3501.0469.

The bill was read for the third time, as amended, and placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 72 yeas and 61 nays as follows:

Those who voted in the affirmative were:

Abeler	Dempsey	Harder	Lipman	Pawlenty	Sykora
Abrams	Dorman	Holberg	Mares	Penas	Tingelstad
Anderson, B.	Eastlund	Holsten	Marquart	Rhodes	Tuma
Bishop	Erhardt	Howes	McElroy	Rifenberg	Vandeveer
Boudreau	Erickson	Jacobson	Molnau	Ruth	Walz
Bradley	Finseth	Johnson, J.	Mulder	Seagren	Wenzel
Buesgens	Fuller	Kielkucki	Ness	Seifert	Westerberg
Cassell	Gerlach	Knoblach	Nornes	Slawik	Westrom
Clark, J.	Goodno	Krinkie	Olson	Smith	Wilkin
Daggett	Gunther	Kuisle	Osskopp	Stanek	Wolf
Davids	Haas	Leppik	Ozment	Stang	Workman
Dehler	Hackbarth	Lindner	Paulsen	Swenson	Spk. Sviggum

Those who voted in the negative were:

Anderson, I.	Evans	Jennings	Lenczewski	Osthoff	Solberg
Bakk	Folliard	Johnson, R.	Lieder	Otremba	Swapinski
Bernardy	Gleason	Johnson, S.	Luther	Paymar	Thompson
Biernat	Goodwin	Juhnke	Mahoney	Pelowski	Wagenius
Carlson	Gray	Kahn	Mariani	Peterson	Wasiluk
Clark, K.	Greiling	Kalis	Marko	Pugh	Winter
Davnie	Hausman	Kelliher	McGuire	Rukavina
Dawkins	Hilstrom	Koskinen	Milbert	Schumacher
Dibble	Hilty	Kubly	Mullery	Sertich
Dorn	Huntley	Larson	Murphy	Skoe
Entenza	Jaros	Leighton	Opatz	Skoglund

The bill was passed, as amended, and its title agreed to.

Folliard was excused for the remainder of today's session.

Seifert moved that the House recess subject to the call of the Chair. The motion prevailed.

The House reconvened and was called to order by the Speaker.

Pursuant to rule 1.22, Abrams announced his intention to place H. F. No. 2498 on the Fiscal Calendar for Friday, May 4, 2001.

Pursuant to rule 1.22, Bishop requested immediate consideration of S. F. No. 2360.

S. F. No. 2360 was reported to the House.

Krinkie moved to amend S. F. No. 2360 as follows:

Delete everything after the enacting clause and insert the following language of H. F. No. 218, the second engrossment:

"ARTICLE 1

APPROPRIATIONS

Section 1. [STATE GOVERNMENT APPROPRIATIONS.]

The sums shown in the columns marked "APPROPRIATIONS" are appropriated from the general fund, or another fund named, to the agencies and for the purposes specified in this act, to be available for the fiscal years indicated for each purpose. The figures "2002" and "2003," where used in this act, mean that the appropriation or appropriations listed under them are available for the year ending June 30, 2002, or June 30, 2003, respectively.

APPROPRIATIONS

Available for the Year

Ending June 30

2002 2003

Sec. 2. LEGISLATURE

Subdivision 1. Total Appropriation 57,938,000 60,602,000

General 57,788,000 60,452,000

Health Care 150,000 150,000

Access

The amounts that may be spent from this appropriation for each program are specified in the following subdivisions.

Subd. 2. Senate

14,102,000 14,102,000

Subd. 3. House of Representatives

26,843,000 29,497,000

Of amounts previously appropriated to the house and carried forward into the biennium beginning July 1, 2001, $1,000,000 is canceled to the general fund. 

Subd. 4. Legislative Coordinating Commission

General 14,343,000 14,353,000

Health Care Access 150,000 150,000

Effective January 1, 2002, the house of representatives public information office and the senate publications office are combined, under the jurisdiction of the legislative coordinating commission.

Effective January 1, 2002, the house of representatives television services office and the senate media services offices are combined, under the jurisdiction of the legislative coordinating commission.

During the interim between the 2001 and 2002 legislative sessions, legislative appointing authorities may work with the department of employee relations to place legislative staff on temporary assignments in state agencies. The legislature is responsible for salary and benefits of employees who choose these temporary assignments. Work assignments and hours must be negotiated by legislative appointing authorities and the state agencies getting interim use of legislative staff. Refusal of a commissioner to find a suitable work assignment for interested and qualified legislative staff must be reported to the budget committee chairs of the house and senate that have jurisdiction over that agency's budget.

Sec. 3. GOVERNOR AND LIEUTENANT GOVERNOR 4,508,000 4,519,000

$19,000 the first year and $19,000 the second year are for necessary expenses in the normal performance of the governor's and lieutenant governor's duties for which no other reimbursement is provided.

By September 1 each year, the commissioner of finance shall report to the chairs of the senate governmental operations budget division and the house state government finance division any personnel costs incurred by the office of the governor and lieutenant governor that were supported by appropriations to other agencies during the previous fiscal year. The office of the governor shall inform the chairs of the divisions before initiating any interagency agreements.

Sec. 4. STATE AUDITOR 9,777,000 -0-

Sec. 5. STATE TREASURER 2,328,000 2,284,000 

Sec. 6. ATTORNEY GENERAL 28,680,000 29,368,000

General 26,227,000 26,863,000

State Government

Special Revenue 1,834,000 1,876,000

Environmental 142,000 145,000

Solid Waste 477,000 484,000

Sec. 7. SECRETARY OF STATE 9,578,000 821,000

$2,000,000 the first year is for transfer to the voting equipment grant account established in Minnesota Statutes, section 204B.48.

Sec. 8. CAMPAIGN FINANCE AND PUBLIC DISCLOSURE

BOARD 658,000 671,000

For 2001 - $35,000

$35,000 is appropriated in fiscal year 2001 and is effective immediately.

Sec. 9. INVESTMENT BOARD 2,376,0002,376,000

Sec. 10. ADMINISTRATIVE HEARINGS 6,966,000 7,169,000

This appropriation is from the workers' compensation fund.

Sec. 11. OFFICE OF STRATEGIC AND LONG-RANGE

PLANNING 4,693,000 4,378,000

The base budget for the critical issues activity is reduced by $810,000 each year.

$250,000 each year is for one-time grants of $50,000 each to regional development commissions or, in regions not served by regional development commissions, to regional organizations selected by the director, to support planning work on behalf of local units of government. The planning work must take into consideration any impacts on private property rights and must include at least one of the following: (1) development of local zoning ordinances; (2) land use plans; (3) community or economic development plans; (4) transportation and transit plans; (5) solid

waste management plans; (6) wastewater management plans; (7) workforce development plans; (8) housing development plans and market analyses; (9) rural health service and senior nutrition plans; (10) natural resources management plans; or (11) development of a geographical information systems database to serve a region's needs, including hardware and software purchases and related labor costs. State grant funds must be matched on a dollar-for-dollar basis by nonstate funds. Copies of all planning documents developed as a result of the grants must be compiled by the office of strategic and long-range planning and made available for public inspection. Local planning work supported by this appropriation must adhere to the goals of sustainable land use planning under Minnesota Statutes, section 4A.08.

$25,000 the first year is for preparation of urban river development guidelines under article 2, section 123.

$100,000 the first year is for a grant to support subregional comprehensive planning by the N.M. I-35W Corridor Coalition. The appropriation is available until June 30, 2003. The subregional work must include the following components leading to a coordinated subregional comprehensive plan submission to the metropolitan council in 2003: (1) coordinated land use plans; (2) coordinated economic development and redevelopment strategies focused on redefining metropolitan competitiveness with linkage to creating local job opportunities and integrated housing, transportation, and transit systems; (3) coordinated transportation and transit plans; (4) coordinated workforce development plans; (5) coordinated subregional housing development plans and market analyses ensuring healthy neighborhoods and increased choice in lifecycle housing; (6) coordinated natural resources management plans; (7) expanded GIS database management system focused on improving subregional decision making through access to better data and tools for analysis as well as being exportable to other regional and subregional collaborative efforts; and (8) establishment of a coalition institute structured to utilize livable community principles to address issues of growth and infill, to support standards for quality development, and to create direct benefit for learning experience and sharing with other regional and subregional organizations and agencies. State grant funds must be matched on a dollar-for-dollar basis from nonstate funds. Local planning work supported by this appropriation must adhere to the goals of sustainable land use planning under Minnesota Statutes, section 4A.08.

The director must submit a plan to the legislature by January 30, 2002, for creation of a competition council. The competition council would make recommendations to the

executive and legislative branches on opportunities, strategies, and best practices for competitive delivery of services or goods currently delivered by government. The plan for creation of a council must include the authority of the commission, its mission and objectives, and a proposed structure.

$200,000 the first year is for a grant to the Northern Counties Land Use Coordinating Board to initiate a pilot project to promote cooperative efforts among county, state, federal, and local units of government regarding land use management issues. The board shall also solicit cooperation with Canadian officials who represent areas contiguous to the region and with local organizations representing recreational, agricultural, mining, forestry, and tourism interests. The objectives of the pilot project are to document instances of incompatible or conflicting land use policies and regulations and to identify and promote a means of resolving such differences that may provide a national model for management through intergovernmental cooperation. The board must report to the legislature by January 15, 2003, on the results of the pilot project. State grant funds must be matched on a dollar-for-dollar basis by nonstate funds. Local planning work supported by this appropriation must adhere to the goals of sustainable land use planning under Minnesota Statutes, section 4A.08.

$200,000 each year is for the director to study matters relating to the economic status of women in Minnesota, including: (1) economic security of homemakers and women in the labor force; (2) opportunities for education and vocational training; (3) employment opportunities; (4) the contributions of women to the economy; (5) women's access to benefits and services provided to citizens of the state; (6) laws and business practices constituting barriers to the full participation by women in the economy; and (7) adequacy of programs and services relating to families in Minnesota, including single-parent families and members beyond the nuclear or immediate family. The director may appoint an advisory group to advise the director on these matters. Employees of the legislative commission on the economic status of women are transferred to the office of strategic and long-range planning.

Sec. 12. ADMINISTRATION

Subdivision 1. Total Appropriation 78,808,000 47,786,000

General 36,762,000 28,022,000 

Special Revenue 42,046,000 19,764,000

The amounts that may be spent from this appropriation for each program are specified in the following subdivisions.

Subd. 2. Operations Management

3,683,000 3,694,000

Subd. 3. Intertechnologies Group

General 859,000 859,000

Special Revenue 20,327,000 19,764,000

For 2001 $3,988,000

The appropriation from the special revenue fund is for recurring costs of 911 emergency telephone service.

Subd. 4. Facilities Management

15,577,000 16,009,000

The balance in the state building code account in the state government special revenue fund as of July 1, 2001, is canceled to the general fund.

The senate must transfer control of the G2 office suite in the capitol to the governor's office. The department of administration must transfer control of the B46 office suite to the senate.

Eighty covered spaces and 105 roof spaces in the State Office Building parking ramp must be assigned to house of representatives staff. To make the required assignment of spaces to house staff, the number of spaces assigned to staff from other entities must be reduced proportionately. However, no spaces in the ramp may be taken from elected officials.

In lieu of receiving the rent deficiency for ceremonial space, the department of administration must locate the State Bookstore in room 230 of the capitol.

Subd. 5. Management Services

4,057,000 3,868,000 

Subd. 6. Fiscal Agent

2,000 2,000

This appropriation is for the state band.

Subd. 7. Public Broadcasting

General 848,000 848,000

Special Revenue 20,860,000 -0-

$441,000 the first year and $441,000 the second year are for grants and for contracts with the senate and house of representatives for public information television, Internet, Intranet, and other transmission of legislative activities. At least one-half must go for programming to be broadcast and transmitted to rural Minnesota.

$20,860,000 the first year is appropriated from the contingency account in the special revenue fund for grants to noncommercial television stations to assist with conversion to a digital broadcast signal as mandated by the federal government. In order to qualify for these grants, a station must meet the criteria established for grants in Minnesota Statutes, section 129D.12, subdivision 2. To avoid duplication, a station using money from this appropriation to construct a tower must consult with public radio stations in its area to determine if they have a similar need. If a public radio station has a similar need, a cost benefit analysis must be completed to determine if it is more economically feasible to jointly construct the new tower. All parties must share in the cost of construction and maintenance of the tower.

$407,000 the first year and $407,000 the second year are for grants to public educational radio stations, which must be allocated after considering the recommendations of the Association of Minnesota Public Educational Radio Stations under Minnesota Statutes, section 129D.14.

Subd. 8. Office of Technology

11,736,000 2,742,000

(a) The commissioner of administration must contract with an entity outside of state government to prepare a supplemental evaluation, risk assessment, and risk mitigation plan for the CriMNet system. The entity performing this work must not have any other direct or indirect financial interest in the project. 

(b) Before January 1, 2002, each recipient of an appropriation for the CriMNet system must, in consultation with the commissioner of administration, submit to the entity selected under paragraph (a):

(1) a list of objectives the entity expects to achieve with the money appropriated to it; and

(2) a list of performance measures that can be used to determine the extent to which these objectives are being met.

(c) The evaluation, risk assessment, and risk mitigation plan must separately consider each component of the project, including: suspense files, the integration backbone, the Minnesota court information system, photo imaging, livescan cardhandler, predatory offender registration, CJDN upgrade, statewide supervision, and county planning and implementation grants. For each component, the evaluation may also consider:

(1) the likelihood that each entity will achieve its objectives within the limits of the money appropriated; and

(2) the appropriateness of the performance measures suggested by each entity receiving an appropriation.

(d) Work on the evaluation, risk assessment, and risk mitigation plan must begin as soon as practicable but no later than November 15, 2001. The results of the evaluation, risk assessment, and risk mitigation plan must be reported to the legislature, the commissioner of administration, and the chief justice of the supreme court by March 15, 2002. The final report must include recommendations on changes or improvements needed for each component of the program and whether or not a component should proceed. A recommendation not to proceed with a component of the project is only advisory. Decisions regarding proceeding with project components will be made by the commissioner of public safety in consultation with the policy group.

The office must establish the state information architecture under Minnesota Statutes, section 16E.04, subdivision 2, by March 1, 2002.

$9,000,000 is for deposit in the technology enterprise fund.

The commissioner may spend up to $5,400,000 of the fund for the income tax re-engineering project in revenue, up to $1,000,000 for the North Star enterprise portal, up to $1,500,000 for small agency

infrastructure, up to $300,000 for statewide information technology architecture, and up to $300,000 for an unemployment insurance management project.

Sec. 13. EMPLOYEE RELATIONS 13,025,000 18,048,000

For 2001 - $2,000,000

$5,000,000 the first year and $10,000,000 the second year are to pay costs of compensation and economic benefit increases provided to employees in the executive branch. The appropriation applies only to employees funded from the general fund. The commissioner of finance must transfer to the covered agencies amounts certified as necessary by the chief financial officer of the agency. The commissioner must make pro rata distributions if the amount of this appropriation is insufficient to pay all costs.

$50,000 each year is for a grant to the Government Training Service.

$2,000,000 in fiscal year 2001 is for one-time funding to the department of employee relations to be distributed for back-pay liability costs associated with compliance with the Fair Labor Standards Act.

Sec. 14. CAPITOL AREA ARCHITECTURAL AND

PLANNING BOARD 283,000 284,000

During the biennium ending June 30, 2003, money received by the board from public agencies, as provided by Minnesota Statutes, section 15.50, subdivision 3, is appropriated to the board.

Any unencumbered money appropriated for the Hubert H. Humphrey memorial under Laws 1999, chapter 250, article 1, section 13, is canceled.

Sec. 15. FINANCE

Subdivision 1. Total Appropriation 17,942,000 17,961,000

The amounts that may be spent from this appropriation for each program are specified in the following subdivisions.

Subd. 2. State Financial Management

7,993,000 7,993,000

Subd. 3. Information and Management Services

9,949,000 9,968,000 

Subd. 4. Technology Budget Book

The department shall prepare a separate budget book for the biennium beginning July 1, 2003, containing all of the administration's technology initiatives. The book shall also include a complete inventory of state-owned and leased technology, along with a projected replacement schedule. The inventory shall include information on how the technology fits into the state's master plan. The book must be in the same format as other biennial budget books.

Sec. 16. REVENUE

Subdivision 1. Total Appropriation 89,375,000 89,506,000

General 85,146,000 85,195,000

Health Care

Access 1,731,000 1,764,000

Highway User

Tax Distribution 2,191,000 2,237,000

Environmental 107,000 110,000

Solid Waste 200,000 200,000

The amounts that may be spent from this appropriation for each program are specified in the following subdivisions.

Subd. 2. Tax System Management

86,765,000 86,896,000

General 82,589,000 82,638,000

Health Care

Access 1,678,000 1,711,000

Highway User

Tax Distribution 2,191,000 2,237,000

Environmental 107,000 110,000 

Solid Waste 200,000 200,000

Subd. 3. Accounts Receivable Management

General 2,557,000 2,557,000

Health Care

Access 53,000 53,000

Sec. 17. MILITARY AFFAIRS

Subdivision 1. Total Appropriation 13,409,000 13,446,000

The amounts that may be spent from this appropriation for each program are specified in the following subdivisions.

In fiscal year 2001, $186,000 in general funds is transferred from Laws 1999, chapter 250, article 1, section 28, to the department of military affairs to pay for higher than anticipated fuel costs of the department's training and community center facilities.

Subd. 2. Maintenance of Training Facilities

6,938,000 6,938,000

Subd. 3. General Support

1,791,000 1,828,000

$50,000 the first year and $50,000 the second year are to assist in the operation and staffing of the Minnesota national guard youth camp at Camp Ripley. This appropriation is contingent on its being matched by money from other sources.

The department may not sell or lease land in Ramsey county to the department of transportation, nor may the department locate a joint or shared facility with the department of transportation within the county.

Subd. 4. Enlistment Incentives

4,605,000 4,605,000

Subd. 5. Emergency Services

75,000 75,000 

Sec. 18. VETERANS AFFAIRS 4,515,000 4,374,000

$150,000 is for a grant to the St. Louis county historical society in Duluth, Minnesota, to be used to complete the Veterans Memorial Hall physical exhibit and displays. This appropriation is available until June 30, 2002.

Sec. 19. VETERANS OF FOREIGN WARS 55,000 55,000

For carrying out the provisions of Laws 1945, chapter 455.

Sec. 20. MILITARY ORDER OF THE PURPLE HEART 20,000 20,000

Sec. 21. DISABLED AMERICAN VETERANS 13,000 13,000

For carrying out the provisions of Laws 1941, chapter 425.

Sec. 22. GAMBLING CONTROL 2,410,0002,453,000

Sec. 23. RACING COMMISSION 406,000 410,000

Sec. 24. STATE LOTTERY 750,000 -0-

$750,000 is from the lottery prize fund to the commissioner of human services for a grant to reconstruct Project Turnabout in Granite Falls destroyed by the Granite Falls tornado. This appropriation is available until June 30, 2003, and does not become part of the base.

Sec. 25. AMATEUR SPORTS COMMISSION 2,866,000 1,394,000

The commission must develop a plan for becoming self-sufficient. The timeline for self-sufficiency must not exceed five years. The commission must report the plan to the chairs of the budget committees in the house and the senate by February 1, 2002.

$2,000,000 in fiscal year 2002 and $750,000 in fiscal year 2003 are for making matching grants for soccer field development as provided under Minnesota Statutes, section 240A.13.

$200,000 in fiscal year 2002 is for a one-time grant to a nonprofit corporation for operation of a shooting sports program at a state-owned facility. The program funded through this grant must be designed to train participants and coaches in shooting sports that are Olympic events. This appropriation is available until June 30, 2003.

$25,000 is for a grant to the Range Recreation Civic Center for bleacher purchase. 

Sec. 26. BOARD OF THE ARTS

Subdivision 1. Total Appropriation 10,603,000 10,611,000

The amounts that may be spent from this appropriation for each program are specified in the following subdivisions.

Subd. 2. Operations and Services

1,028,000 1,036,000

By February 15, 2002, the board must compile, report to the legislature, and make readily available a listing of grants awarded with funds appropriated for fiscal years 2000 and 2001 by type and dollar amount, along with a measurement of impact for each grant. Impact measurements include, but are not limited to: (1) the number of patrons served; (2) a determination if the grant allowed the grantee to go forward; and (3) the extent the grantee was able to expand or otherwise improve the artistic experience offered the public.

The board must also compile and make available a historical record for every grantee that has received funds from the board. The list must be by grantee and identify all types of grants received each year.

Subd. 3. Grants Program

3,540,000 3,540,000

The board must not grant more than $100,000 per year to any grantee.

Subd. 4. Regional Arts Councils

3,535,000 3,535,000

Sec. 27. MINNESOTA HUMANITIES COMMISSION 909,000 909,000

The humanities commission must develop a plan for the selection of a Minnesota poet laureate. The commission must report the plan to the legislature by February 1, 2002.

Sec. 28. GENERAL CONTINGENT ACCOUNTS 600,000 600,000

General 100,000 100,000 

State Government

Special Revenue 400,000 400,000

Workers'

Compensation 100,000 100,000

Sec. 29. TORT CLAIMS 275,000 275,000

To be spent by the commissioner of finance.

If the appropriation for either year is insufficient, the appropriation for the other year is available for it.

Sec. 30. MINNESOTA STATE RETIREMENT SYSTEM 9,299,000 9,856,000

The amounts estimated to be needed for each program are as follows:

(a) Legislators

6,821,000 7,230,000

Under Minnesota Statutes, sections 3A.03, subdivision 2; 3A.04, subdivisions 3 and 4; and 3A.11.

(b) Constitutional Officers

355,000 376,000

Under Minnesota Statutes, sections 352C.031, subdivision 5; 352C.04, subdivision 3; and 352C.09, subdivision 2.

(c) Judges

2,123,000 2,250,000

If an appropriation in this section for either year is insufficient, the appropriation for the other year is available for it.

Sec. 31. MINNEAPOLIS EMPLOYEES RETIREMENT FUND 3,232,000 3,232,000

Sec. 32. POLICE AND FIRE AMORTIZATION AID 6,345,0006,345,000

Sec. 33. COMPENSATION COUNCIL

The compensation council recommendation of 2001 may not take effect unless approved by law. 

Sec. 34. [EFFECTIVE DATE.]

The appropriations for fiscal year 2001 are effective the day following final enactment.

ARTICLE 2

STATE GOVERNMENT OPERATIONS

Section 1. Minnesota Statutes 2000, section 3.012, is amended to read:

3.012 [LEGISLATIVE DAY.]

A legislative day is a day when either house or a committee of either house of the legislature is called to order. A legislative day begins at seven o'clock a.m. and continues until seven o'clock a.m. of the following calendar day.

Sec. 2. Minnesota Statutes 2000, section 3.3005, subdivision 2, is amended to read:

Subd. 2. [GOVERNOR'S REQUEST TO LEGISLATURE.] A state agency shall not expend money received by it under federal law for any purpose unless a request to spend federal money from that source for that purpose in that fiscal year has been submitted by the governor to the legislature as a part of a budget request submitted during or within ten days before the start of a regular legislative session, or unless specifically authorized by law or as provided by this section. A budget request submitted to the legislature according to this subdivision must be submitted at least 20 days before the deadline set by the legislature for legislative budget committees to act on finance bills.

Sec. 3. Minnesota Statutes 2000, section 3.3005, subdivision 3, is amended to read:

Subd. 3. [STATE MATCH.] If a request to spend federal money is included in the governor's budget or spending the money is authorized by law but the amount of federal money received requires a state match greater than that included in the budget request or authorized by law, the amount that requires an additional state match may be allotted for expenditure after the requirements of subdivision 5 or 6 are met.

Sec. 4. Minnesota Statutes 2000, section 3.3005, subdivision 3a, is amended to read:

Subd. 3a. [CHANGE IN PURPOSE.] If a request to spend federal money is included in a governor's budget request and approved according to subdivision 2a, but the purpose for which the money is to be used changes from the time of the request and approval, the amount may be allotted for expenditure after a revised request is submitted according to subdivision 2 or the requirements of subdivision 5 or 6 are met.

Sec. 5. Minnesota Statutes 2000, section 3.3005, is amended by adding a subdivision to read:

Subd. 3b. [INCREASE IN AMOUNT.] If a request to spend federal money is included in a governor's budget request and approved according to subdivision 2 or subdivision 5 and the amount of money available increases after the request is made and authorized, the additional amount may be allotted for expenditure after a revised request is submitted according to subdivision 2, or the requirements of subdivision 5 or 6 are met.

Sec. 6. Minnesota Statutes 2000, section 3.3005, subdivision 4, is amended to read:

Subd. 4. [INTERIM PROCEDURES; URGENCIES.] If federal money becomes available to the state for expenditure after the deadline in subdivision 2 or while the legislature is not in session, and the availability of money from that source or for that purpose or in that fiscal year could not reasonably have been anticipated and included in the governor's budget request, and an urgency requires that all or part of the money be allotted before the legislature reconvenes or prior to the end of the 20 day period specified in subdivision 2, it may be allotted to a state agency after the requirements of subdivision 5 are met. 

Sec. 7. Minnesota Statutes 2000, section 3.3005, subdivision 5, is amended to read:

Subd. 5. [LEGISLATIVE ADVISORY COMMISSION REVIEW.] Federal money that becomes available under subdivisions 3 and, 3a, 3b, or 4 may be allotted after the commissioner of finance has submitted the request to the members of the legislative advisory commission for their review and recommendation for further review. If a recommendation is not made within ten days, no further review by the legislative advisory commission is required, and the commissioner shall approve or disapprove the request. If a recommendation by any member is for further review the governor shall submit the request to the legislative advisory commission for its review and recommendation. Failure or refusal of the commission to make a recommendation promptly is a negative recommendation.

Sec. 8. Minnesota Statutes 2000, section 3.3005, is amended by adding a subdivision to read:

Subd. 6. [INTERIM PROCEDURES; NONURGENCIES.] If federal money becomes available to the state for expenditure after the deadline in subdivision 2 or while the legislature is not in session, and subdivision 4 does not apply, a request to expend the federal money may be submitted by the commissioner of finance to members of the legislative advisory commission for their review and recommendation. This request must be submitted by October 1 of any year. If any member of the commission makes a negative recommendation or a recommendation for further review on a request by October 20 of the same year, the commissioner shall not approve expenditure of that federal money. If a request to expend federal money submitted under this subdivision receives a negative recommendation or a recommendation for further review, the request may be submitted again under subdivision 2. If the members of the commission make a positive recommendation or no recommendation, the commissioner shall approve or disapprove the request and the federal money may be allotted for expenditure.

Sec. 9. Minnesota Statutes 2000, section 3.305, is amended by adding a subdivision to read:

Subd. 9. [PUBLIC INFORMATION.] The legislative coordinating commission shall establish an office to provide information to the public about the legislature, including legislative process and legislative proceedings, and to perform related duties as assigned by the commission.

Sec. 10. Minnesota Statutes 2000, section 3.305, is amended by adding a subdivision to read:

Subd. 10. [TELEVISION.] The legislative coordinating commission shall establish an office to provide for television production and transmission of legislative proceedings, and to perform related duties as assigned by the commission.

Sec. 11. [3.306] [MEETING TIMES.]

The house of representatives and the senate must adopt rules that set one time as the regular hour of convening daily sessions in both houses.

Sec. 12. [3.3061] [JOINT STANDING COMMITTEES.]

The house of representatives and the senate must adopt rules that establish a system of joint standing committees to consider and report on legislation and conduct other legislative business, except that each house may establish separately a committee on rules and administration and a committee on ethics.

Sec. 13. Minnesota Statutes 2000, section 3.855, subdivision 3, is amended to read:

Subd. 3. [OTHER SALARIES AND COMPENSATION PLANS.] The commission shall also:

(1) review and approve, reject, or modify a plan for compensation and terms and conditions of employment prepared and submitted by the commissioner of employee relations under section 43A.18, subdivision 2, covering all state employees who are not represented by an exclusive bargaining representative and whose compensation is not provided for by chapter 43A or other law; 

(2) review and approve, reject, or modify a plan for total compensation and terms and conditions of employment for employees in positions identified as being managerial under section 43A.18, subdivision 3, whose salaries and benefits are not otherwise provided for in law or other plans established under chapter 43A;

(3) review and approve, reject, or modify recommendations for salaries submitted by the governor or other appointing authority under section 43A.18 15A.0815, subdivision 5, covering agency head positions listed in section 15A.0815;

(4) review and approve, reject, or modify recommendations for salaries of officials of higher education systems under section 15A.081, subdivision subdivisions 7b and 7c; and

(5) review and approve, reject, or modify plans for compensation, terms, and conditions of employment proposed under section 43A.18, subdivisions 3a and 4.

Sec. 14. Minnesota Statutes 2000, section 3.97, subdivision 3a, is amended to read:

Subd. 3a. [EVALUATION TOPICS.] (a) The commission shall periodically select topics for the legislative auditor to evaluate. Topics may include any agency, program, or activity established by law to achieve a state purpose, or any topic that affects the operation of state government, but the commission shall give primary consideration to topics that are likely, upon examination, to produce recommendations for cost savings, increased productivity, or the elimination of duplication among public agencies. Legislators and legislative committees may suggest topics for evaluation, but the legislative auditor shall only conduct evaluations approved by the commission.

(b) In selecting program evaluation topics for the auditor, the commission must consider directing the auditor to conduct limited topic scoping reviews at the request of individual legislators. Upon completion of the limited review, the commission may direct the auditor to conduct a more complete evaluation.

Sec. 15. Minnesota Statutes 2000, section 3.979, is amended by adding a subdivision to read:

Subd. 5. [COMMISSIONER'S OPINION; LEGISLATIVE AUDITOR ACCESS TO DATA.] If, after the commissioner of administration issues an opinion under section 13.072 that a person requesting access to data held by a state agency is entitled to that access, the state agency continues to refuse to provide the data or the person making the request is told that the data sought does not exist, the legislative audit commission may instruct the legislative auditor to review all state agency data related to the request. Following the review, the legislative auditor shall provide all public data obtained, if any, to the legislative audit commission.

[EFFECTIVE DATE.] This section is effective July 1, 2001, and applies to commissioner's opinions issued after that date.

Sec. 16. Minnesota Statutes 2000, section 3.98, subdivision 2, is amended to read:

Subd. 2. [CONTENTS.] (a) The fiscal note, where possible, shall: (1) cite the effect in dollar amounts; (2) cite the statutory provisions affected; (3) estimate the increase or decrease in revenues or expenditures; (4) include the costs which may be absorbed without additional funds; and (5) include the assumptions used in determining the cost estimates; and (6) specify any long-range implication.

(b) The fiscal note may comment on technical or mechanical defects in the bill but shall express no opinions concerning the merits of the proposal.

Sec. 17. [3.99] [LEGISLATIVE COMMISSION ON METROPOLITAN GOVERNMENT.]

Subdivision 1. [ESTABLISHED.] The legislative commission on metropolitan government is established to oversee the metropolitan council's operating and capital budgets, work program, and capital improvement program. 

Subd. 2. [MEMBERSHIP.] The commission consists of four senators appointed by the senate subcommittee on committees of the committee on rules and administration, three senators appointed by the senate minority leader, four state representatives appointed by the speaker of the house, and three state representatives appointed by the house minority leader. All members must reside in or represent a portion of the seven-county metropolitan area. The appointing authorities must insure balanced geographic representation. Each appointing authority must make appointments as soon as possible after the opening of the next regular session of the legislature in each odd-numbered year.

Subd. 3. [TERMS; VACANCIES.] Members of the commission serve for a two-year term beginning upon appointment and expiring upon appointment of a successor after the opening of the next regular session of the legislature in the odd-numbered year. A vacancy in the membership of the commission must be filled for the unexpired term in a manner that will preserve the representation established by this section.

Subd. 4. [CHAIR.] The commission must meet as soon as practicable after members are appointed in each odd-numbered year to elect its chair and other officers as it may determine necessary. A chair serves a two-year term, expiring in the odd-numbered year after a successor is elected. The chair must alternate biennially between the senate and the house.

Subd. 5. [COMPENSATION.] Members serve without compensation but may be reimbursed for their reasonable expenses as members of the legislature.

Subd. 6. [STAFF.] Legislative staff must provide administrative and research assistance to the commission.

Subd. 7. [MEETINGS; PROCEDURES.] The commission meets at the call of the chair. If there is a quorum, the commission may take action by a simple majority vote of commission members present.

Subd. 8. [POWERS; DUTIES; METROPOLITAN COUNCIL LEVY, BUDGET OVERSIGHT.] The commission must monitor, review, and make recommendations to the metropolitan council and to the legislature for the following calendar year on:

(1) the tax rate and dollar amount of the metropolitan council's property tax levies and any proposed increases in the rate or dollar amount of tax;

(2) any request for an increase in the debt of the metropolitan council;

(3) the overall work and role of the metropolitan council;

(4) the metropolitan council's proposed operating and capital budgets, work program, and capital improvement program; and

(5) the metropolitan council's implementation of the operating and capital budgets, work program, and capital improvement program.

Subd. 9. [POWERS; DUTIES; METROPOLITAN COUNCIL APPOINTMENTS OVERSIGHT.] The commission must monitor appointments to the metropolitan council and may make recommendations on appointments to the nominating committee under section 473.123, subdivision 3, or to the governor before the governor makes the appointments. The commission may also make recommendations to the senate before appointments are presented to the senate for its advice and consent.

Sec. 18. Minnesota Statutes 2000, section 4A.05, subdivision 1, is amended to read:

Subdivision 1. [PURPOSE.] The purpose of the land management information center is to foster integration of land use and environmental information and provide services in computer mapping and graphics, environmental analysis, and small systems development. The director, through the center, shall periodically study land use and natural resources on the basis of county, regional, and other political subdivisions. 

Sec. 19. Minnesota Statutes 2000, section 4A.07, subdivision 1, is amended to read:

Subdivision 1. [DEFINITIONS.] (a) "Local unit of government" means a county, statutory or home rule charter city, town, or watershed district.

(b) "Sustainable development" means development that maintains or enhances economic opportunity and community well-being promotes and enhances the dynamic and adaptive nature of communities while protecting and restoring the natural environment upon which people and economies depend. Sustainable development meets the needs of the present and recognizes that adaptation in response to economic changes can be achieved without compromising the ability of future generations to meet their own needs.

Sec. 20. Minnesota Statutes 2000, section 4A.07, subdivision 2, is amended to read:

Subd. 2. [PLANNING GUIDE.] The office of strategic and long-range planning must develop and publish a planning guide for local units of government to plan for sustainable development, based on the principles of sustainable development adopted by the environmental quality board with advice of the governor's round table on sustainable development land use planning as stated in this section. The office must make the planning guide available to members of the public and to local units of government within the state.

Sec. 21. Minnesota Statutes 2000, section 4A.07, subdivision 4, is amended to read:

Subd. 4. [SPECIFICITY AND DISTRIBUTION.] The model ordinance planning guide must specify the technical and administrative procedures to guide sustainable development. When adopted by a local unit of government, the model ordinance is the minimum regulation to guide sustainable development that may be adopted local units may use when developing land use ordinances and controls. Upon completion, the office of strategic and long-range planning must notify local units of government that the model ordinance planning guide is available, and must distribute it to interested local units. The director must also make an electronic version of the planning guide available on the Internet free of charge through the North Star information service.

Sec. 22. Minnesota Statutes 2000, section 4A.07, subdivision 5, is amended to read:

Subd. 5. [PERIODIC REVIEW.] At least once every five years, the planning office must review the model ordinance planning guide and its use with local units of government to ensure its continued applicability and relevance.

Sec. 23. Minnesota Statutes 2000, section 4A.08, is amended to read:

4A.08 [COMMUNITY-BASED SUSTAINABLE LAND USE PLANNING GOALS.]

Subdivision 1. [GOALS.] The goals of community-based sustainable land use planning are:

(1) [CITIZEN RESIDENT PARTICIPATION.] To develop a community-based local planning process with broad citizen participation in order to build local capacity to plan for sustainable development and to benefit from the insights, knowledge, and support of local residents built upon input from members of the community. The plans should ensure that land use controls remain flexible in order to accommodate consumer-driven changes in land use. The process must should include at least one citizen from local residents and area businesses, including land development professionals, and representatives from each affected unit of local government;

(2) [COOPERATION.] To promote cooperation among communities to work towards the most efficient, planned, and cost-effective delivery of government services by, among other means, facilitating cooperative agreements among adjacent communities and to coordinate planning to ensure compatibility of one community's development with development of neighboring communities;

(3) [ECONOMIC DEVELOPMENT.] To create sustainable economic development strategies and provide economic opportunities throughout the state that will achieve a balanced distribution of growth statewide; 

(4) [CONSERVATION.] To protect, preserve, and enhance the state's natural resources, including agricultural land, forests, surface water and groundwater, recreation and open space, scenic areas, and significant historic and archaeological sites;

(5) [LIVABLE COMMUNITY DESIGN.] To strengthen communities by following the principles of livable community design in development and redevelopment, including integration of all income and age groups, mixed land uses and compact development, affordable and life-cycle housing, green spaces, access to public transit, bicycle and pedestrian ways, and enhanced aesthetics and beauty in public spaces;

(6) [HOUSING.] To provide and preserve an adequate supply of affordable and life-cycle housing throughout the state;

(7) [TRANSPORTATION.] To focus on the movement of people and goods, rather than on the movement of automobiles, in transportation planning, and to maximize the efficient use of the transportation infrastructure by increasing the availability and use of appropriate public transit throughout the state through land-use planning and design that makes public transit economically viable and desirable;

(8) [LAND-USE PLANNING.] To establish a community-based framework as a basis for all decisions and actions related to land use;

(9) [PUBLIC INVESTMENTS.] To account for the full environmental, social, and economic costs of new development, including infrastructure costs such as transportation, sewers and wastewater treatment, water, schools, recreation, and open space, and plan the funding mechanisms necessary to cover the costs of the infrastructure;

(10) [PUBLIC EDUCATION.] To support research and public education on a community's and the state's finite capacity to accommodate growth, and the need for planning and resource management that will sustain growth; and

(11) [SUSTAINABLE DEVELOPMENT.] To provide a better quality of life for all residents while maintaining nature's ability to function over time by minimizing waste, preventing pollution, promoting efficiency, and developing local resources to revitalize the local economy.

(4) [PRESERVE LOCAL AUTONOMY.] To avoid prescriptive, centralized plans that attempt to determine the detailed outcome of community form and function. Such "comprehensive" plans interfere with the dynamic and adaptive nature of communities;

(5) [ACCOMMODATE RESIDENT CHOICES.] To allow population densities and land uses that are community driven and avoid inflexible, centrally directed land use decisions that may result in unforeseen consequences;

(6) [PRESERVE PROPERTY RIGHTS.] To incorporate private property rights in local planning procedures as a fundamental element of both economic development and environmental protection. Problems of incompatible or conflicting land uses are better resolved through the common law principles of nuisance than through zoning regulations which tend to be rigid and inefficient;

(7) [PAY AS YOU GROW.] To evaluate sustainable land use plans and other local growth management policies according to their cost of living and burden-shifting effects. Urban growth boundaries, minimum lot sizes, population density ratios, restrictions on housing development, restrictions on commercial development, and other limits on freely functioning land markets increase burdens on lower income groups and should be avoided; and

(8) [DIVERSE PERSPECTIVES.] To develop sustainable land use plans that are based on comprehensive research as well as citizen preferences is crucial to the continued progress of local communities.

Subd. 2. [CONSISTENCY WITH GOALS.] State agencies must ensure to the greatest extent possible that their objectives, plans, and programs are not in conflict with the sustainable land use planning goals in subdivision 1. 

Sec. 24. Minnesota Statutes 2000, section 4A.09, is amended to read:

4A.09 [TECHNICAL ASSISTANCE.]

The office shall provide local governments technical and financial assistance in preparing their comprehensive sustainable land use plans to that meet the community-based planning goals in section 4A.08.

Sec. 25. Minnesota Statutes 2000, section 4A.10, is amended to read:

4A.10 [PLAN REVIEW AND COMMENT.]

The office of strategic and long-range planning shall, over time, compile and review and comment on community-based comprehensive all local land use plans prepared by being developed or currently in effect for counties, including the community-based comprehensive plans of municipalities, and towns that are incorporated into a county's plan, as required in section 394.232, subdivision 3. The purpose of this review is to determine the extent to which local land use plans conform with section 4A.08. Local units must provide copies of their completed plans or draft plans to the office as requested. The director must insure that this review does not interfere with the office's responsibility to provide planning assistance.

Sec. 26. [4A.11] [PLANNING ASSISTANCE.]

Subdivision 1. [DEFINITION.] "Planning assistance" means but is not limited to: guidance documents to aid local units of government in compiling agreements, ordinances, and organizational structures for the planning process, capital improvement planning, housing, economic development, and public participation; coordination of state agency involvement in local sustainable planning, including identification of regional areas that are owned, leased or otherwise controlled by the state; application of geographical information systems and other technology; and population projections, estimates, and other available data including soils, geology, natural areas, and other physical data.

Subd. 2. [MINNESOTA PLANNING TO PROVIDE ASSISTANCE.] The office of strategic and long-range planning shall provide planning assistance to local units of government, including assistance to meet the planning goals in section 4A.08. The office shall provide technical assistance and review and comment on land use plans prepared by counties, municipalities, and towns, and it may not withhold assistance from local governments that chose to deviate from recommendations offered by the office. The office shall place a priority on requests for assistance from townships and small cities.

Sec. 27. [5.075] [SECRETARY OF STATE REVOLVING FUND.]

Notwithstanding other law to the contrary, all fees and other revenue received by the secretary of state, other than fees related to election duties, must be deposited in a secretary of state revolving fund. Money in the fund is continuously appropriated to the secretary of state.

Sec. 28. [6.025] [STATE AUDITOR REVOLVING FUND.]

All revenue from billings and other fees received by the state auditor must be deposited in a state auditor revolving fund. Money in the fund is continuously appropriated to the state auditor.

Sec. 29. Minnesota Statutes 2000, section 6.48, is amended to read:

6.48 [EXAMINATION OF COUNTIES; COST, FEES.]

All the powers and duties conferred and imposed upon the state auditor shall be exercised and performed by the state auditor in respect to the offices, institutions, public property, and improvements of several counties of the state. At least once in each year, if funds and personnel permit, the state auditor shall visit, without previous notice, each

county and make a thorough examination of all accounts and records relating to the receipt and disbursement of the public funds and the custody of the public funds, including the game and fish funds, and other property. The state auditor shall prescribe and install systems of accounts and financial reports that shall be uniform, so far as practicable, for the same class of offices. A copy of the report of such examination shall be filed and be subject to public inspection in the office of the state auditor and another copy in the office of the auditor of the county thus examined. The state auditor may accept the records and audit, or any part thereof, of the department of human services in lieu of examination of the county social welfare funds, if such audit has been made within any period covered by the state auditor's audit of the other records of the county. If any such examination shall disclose malfeasance, misfeasance, or nonfeasance in any office of such county, such report shall be filed with the county attorney of the county, and the county attorney shall institute such civil and criminal proceedings as the law and the protection of the public interests shall require.

The county receiving such examination, and the division of game and fish of the department of natural resources of the state of Minnesota, in the case of the examination of the game and fish funds, shall pay to the state general auditor revolving fund, notwithstanding the provisions of section 16A.125, the total cost and expenses of such examinations, including the salaries paid to the examiners while actually engaged in making such examination. The state auditor on deeming it advisable may bill counties, having a population of 200,000 or over, monthly for services rendered and the officials responsible for approving and paying claims shall cause said bill to be promptly paid. The general state auditor revolving fund shall be credited with all collections made for any such examinations.

Sec. 30. Minnesota Statutes 2000, section 6.56, subdivision 2, is amended to read:

Subd. 2. [BILLINGS BY STATE AUDITOR.] Upon the examination of the books, records, accounts, and affairs of any political subdivision, as provided by law, such political subdivision shall be liable to the state for the total cost and expenses of such examination, including the salaries paid to the examiners while actually engaged in making such examination. The state auditor may bill such political subdivision monthly for service rendered and the officials responsible for approving and paying claims are authorized to pay said bill promptly. Said payments shall be without prejudice to any defense against said claims that may exist or be asserted. The general state auditor revolving fund shall be credited with all collections made for any such examinations, including interest payments made pursuant to subdivision 3.

Sec. 31. Minnesota Statutes 2000, section 6.58, is amended to read:

6.58 [GENERAL FUND.]

The general state auditor revolving fund shall be used to provide personnel, pay other expenses, and for the acquisition of equipment used in connection with reimbursable examinations and other duties pursuant to law. When full-time personnel are not available, the state auditor may contract with private persons, firms, or corporations for accounting and other technical services. Notwithstanding any law to the contrary, the acquisition of equipment may include duplicating equipment to be used in producing the reports issued by the department. All receipts from such reimbursable examinations shall be deposited in the general fund. The state auditor is directed to adjust the schedule of charges for such examinations to provide that such charges shall be sufficient to cover all costs of such examinations and that the aggregate charges collected shall be sufficient to pay all salaries and other expenses including charges for the use of the equipment used in connection with such reimbursable examinations and including the cost of contracting for accounting and other technical services. The schedule of charges shall be based upon an estimate of the cost of performing reimbursable examinations including, but not limited to, salaries, office overhead, equipment, authorized contracts, and other expenses. The state auditor may allocate a proportionate part of the total costs to an hourly or daily charge for each person or class of persons engaged in the performance of an examination. The schedule of charges shall reflect an equitable charge for the expenses incurred in the performance of any given examination. The state auditor shall review and adjust the schedule of charges for such examinations at least annually and have all schedules of charges approved by the commissioner of finance before they are adopted so as to ensure that the amount collected shall be sufficient to pay all the costs connected with such examinations during the fiscal year. 

Sec. 32. Minnesota Statutes 2000, section 7.09, subdivision 1, is amended to read:

Subdivision 1. [PROCEDURE.] The state treasurer is authorized to receive and accept, on behalf of the state, any gift, bequest, devise, or endowment which may be made by any person, by will, deed, gift, or otherwise, to or for the benefit of the state, or any of its departments or agencies, or to or in aid, or for the benefit, support, or maintenance of any educational, charitable, or other institution maintained in whole or in part by the state, or for the benefit of students, employees, or inmates thereof, or for any proper state purpose or function, and the money, property, or funds constituting such gift, bequest, devise, or endowment. No such gift, bequest, devise, or endowment whose value is equal to or exceeds $10,000 shall be so accepted unless the commissioner of finance and the state treasurer determine determines that it is for the interest of the state to accept it, and approve of and direct the acceptance. If the value is less than $10,000, only the state treasurer need determine that it is for the interest of the state to accept it, and approve of and direct the acceptance. If a gift, bequest, devise, or endowment is money or other negotiable instruments, then the deposit of it does not constitute acceptance. In the event that the money or other negotiable instruments are deposited but not approved, the amount deposited must be refunded. When, in order to effect the purpose for which any gift, bequest, devise, or endowment has been accepted, it is necessary to sell property so received, the state treasurer, upon request of the authority in charge of the agency, department, or institution concerned, may sell it at a price which shall be fixed by the state board of investment.

Sec. 33. Minnesota Statutes 2000, section 10A.01, subdivision 21, is amended to read:

Subd. 21. [LOBBYIST.] (a) "Lobbyist" means an individual:

(1) engaged for pay or other consideration, or authorized to spend money by another individual, association, political subdivision, or public higher education system, who spends more than five hours in any month or more than $250, not including the individual's own travel expenses and membership dues, in any year, for the purpose of attempting to influence legislative or administrative action, or the official action of a metropolitan governmental unit, by communicating or urging others to communicate with public or local officials; or

(2) who spends more than $250, not including the individual's own traveling expenses and membership dues, in any year for the purpose of attempting to influence legislative or administrative action, or the official action of a metropolitan governmental unit, by communicating or urging others to communicate with public or local officials.

(b) "Lobbyist" does not include:

(1) a public official;

(2) an employee of the state, including an employee of any of the public higher education systems;

(3) an elected local official;

(4) a nonelected local official or an employee of a political subdivision acting in an official capacity, unless the nonelected official or employee of a political subdivision spends more than 50 five hours in any month attempting to influence legislative or administrative action, or the official action of a metropolitan governmental unit other than the political subdivision employing the official or employee, by communicating or urging others to communicate with public or local officials, including time spent monitoring legislative or administrative action, or the official action of a metropolitan governmental unit, and related research, analysis, and compilation and dissemination of information relating to legislative or administrative policy in this state, or to the policies of metropolitan governmental units;

(5) a party or the party's representative appearing in a proceeding before a state board, commission, or agency of the executive branch unless the board, commission, or agency is taking administrative action;

(6) an individual while engaged in selling goods or services to be paid for by public funds; 

(7) a news medium or its employees or agents while engaged in the publishing or broadcasting of news items, editorial comments, or paid advertisements which directly or indirectly urge official action;

(8) a paid expert witness whose testimony is requested by the body before which the witness is appearing, but only to the extent of preparing or delivering testimony; or

(9) a party or the party's representative appearing to present a claim to the legislature and communicating to legislators only by the filing of a claim form and supporting documents and by appearing at public hearings on the claim.

Sec. 34. Minnesota Statutes 2000, section 11A.075, is amended to read:

11A.075 [DISCLOSURE OF EXPENSE REIMBURSEMENT.]

(a) A member or employee of the state board must annually disclose expenses paid for or reimbursed by: (1) each investment advisor, consultant, or outside money manager under contract to the state board; (2) each investment advisor, consultant, or outside money manager that has bid on a contract offered by the state board during that year; and (3) each business, including officers or employees of the business, in which the state board has invested money under the board's control during the annual reporting period. The disclosure requirement of this paragraph does not apply to expenses or reimbursements from an investment advisor, consultant, money manager or business if the board member or employee received less than $50 during the annual reporting period from that person or entity.

(b) For purposes of this section, expenses include payments or reimbursements for meals, entertainment, transportation, lodging, and seminars.

(c) A member of the state board must disclose any contract or other arrangement under which the member will perform services for compensation as a consultant, employee, or independent contractor for a person or entity other than the state. The disclosure must include the person or entity for whom services will be performed, the duration of the arrangement, and the compensation that the member of the state board will receive under the arrangement. The disclosure must be made to the campaign finance and public disclosure board on a form provided by the board. Disclosure must be made before the member begins to perform the services, or within 30 days after the member agrees to perform the services, whichever is sooner.

(d) The disclosure required by this section paragraph (a) must be filed with the campaign finance and public disclosure board by April 15 each year. Each disclosure report must cover the previous calendar year. The statement must be on a form provided by the campaign finance and public disclosure board. An individual who fails to file the form required by this section or who files false information, is subject to penalties specified in sections 10A.09 and 10A.025, subdivision 2.

Sec. 35. Minnesota Statutes 2000, section 15.059, subdivision 5a, is amended to read:

Subd. 5a. [LATER EXPIRATION.] Notwithstanding subdivision 5, the advisory councils and committees listed in this subdivision do not expire June 30, 1997. These groups expire June 30, 2001, unless the law creating the group or this subdivision specifies an earlier expiration date.

Investment advisory council, created in section 11A.08;

Intergovernmental information systems advisory council, created in section 16B.42, expires June 30, 1999;

Feedlot and manure management advisory committee, created in section 17.136;

Aquaculture advisory committee, created in section 17.49;

Dairy producers board, created in section 17.76; 

Pesticide applicator education and examination review board, created in section 18B.305;

Advisory seed potato certification task force, created in section 21.112;

Food safety advisory committee, created in section 28A.20;

Minnesota organic advisory task force, created in section 31.95;

Public programs risk adjustment work group, created in section 62Q.03;

Workers' compensation self-insurers' advisory committee, created in section 79A.02;

Youth corps advisory committee, created in section 84.0887;

Iron range off-highway vehicle advisory committee, created in section 85.013;

Mineral coordinating committee, created in section 93.002;

Game and fish fund citizen advisory committees, created in section 97A.055;

Wetland heritage advisory committee, created in section 103G.2242;

Wastewater treatment technical advisory committee, created in section 115.54;

Solid waste management advisory council, created in section 115A.12;

Nuclear waste council, created in section 116C.711;

Genetically engineered organism advisory committee, created in section 116C.93;

Environment and natural resources trust fund advisory committee, created in section 116P.06;

Child abuse prevention advisory council, created in section 119A.13;

Chemical abuse and violence prevention council, created in section 119A.293;

Youth neighborhood centers advisory board, created in section 119A.295;

Interagency coordinating council, created in section 125A.28, expires June 30, 1999;

Desegregation/integration advisory board, created in section 124D.892;

Nonpublic education council, created in section 123B.445;

Permanent school fund advisory committee, created in section 127A.30;

Indian scholarship committee, created in section 124D.84, subdivision 2;

American Indian education committees, created in section 124D.80;

Summer scholarship advisory committee, created in section 124D.95;

Multicultural education advisory committee, created in section 124D.894; 

Male responsibility and fathering grants review committee, created in section 124D.33;

Library for the blind and physically handicapped advisory committee, created in section 134.31;

Higher education advisory council, created in section 136A.031;

Student advisory council, created in section 136A.031;

Cancer surveillance advisory committee, created in section 144.672;

Maternal and child health task force, created in section 145.881;

State community health advisory committee, created in section 145A.10;

Mississippi River Parkway commission, created in section 161.1419;

School bus safety advisory committee, created in section 169.435;

Advisory council on workers' compensation, created in section 175.007;

Code enforcement advisory council, created in section 175.008;

Medical services review board, created in section 176.103;

Apprenticeship advisory council, created in section 178.02;

OSHA advisory council, created in section 182.656;

Health professionals services program advisory committee, created in section 214.32;

Rehabilitation advisory council for the blind, created in section 248.10;

American Indian advisory council, created in section 254A.035;

Alcohol and other drug abuse advisory council, created in section 254A.04;

Medical assistance drug formulary committee, created in section 256B.0625;

Home care advisory committee, created in section 256B.071;

Preadmission screening, alternative care, and home and community-based services advisory committee, created in section 256B.0911;

Traumatic brain injury advisory committee, created in section 256B.093;

Minnesota commission serving deaf and hard-of-hearing people, created in section 256C.28;

American Indian child welfare advisory council, created in section 260.835;

Juvenile justice advisory committee, created in section 268.29;

Northeast Minnesota economic development fund technical advisory committees, created in section 298.2213;

Iron range higher education committee, created in section 298.2214; 

Northeast Minnesota economic protection trust fund technical advisory committee, created in section 298.297;

Advisory council on battered women and domestic abuse, created in section 611A.34.

Sec. 36. Minnesota Statutes 2000, section 15.50, subdivision 2, is amended to read:

Subd. 2. [CAPITOL AREA PLAN.] (a) The board shall prepare, prescribe, and from time to time, after a public hearing, amend a comprehensive use plan for the capitol area, called the area in this subdivision, which consists of that portion of the city of Saint Paul comprehended within the following boundaries: Beginning at the point of intersection of the center line of the Arch-Pennsylvania freeway and the center line of Marion Street, thence southerly along the center line of Marion Street extended to a point 50 feet south of the south line of Concordia Avenue, thence southeasterly along a line extending 50 feet from the south line of Concordia Avenue to a point 125 feet from the west line of John Ireland Boulevard, thence southwesterly along a line extending 125 feet from the west line of John Ireland Boulevard to the south line of Dayton Avenue, thence northeasterly from the south line of Dayton Avenue to the west line of John Ireland Boulevard, thence northeasterly to the center line of the intersection of Old Kellogg Boulevard and Summit Avenue, thence northeasterly along the center line of Summit Avenue to the center line of the new West Kellogg Boulevard, thence southerly along the east line of the new West Kellogg Boulevard, to the center line of West Seventh Street, thence northeasterly along the center line of West Seventh Street to the center line of the Fifth Street ramp, thence northwesterly along the center line of the Fifth Street ramp to the east line of the right-of-way of Interstate Highway 35-E, thence northeasterly along the east line of the right-of-way of Interstate Highway 35-E to the south line of the right-of-way of Interstate Highway 94, thence easterly along the south line of the right-of-way of Interstate Highway 94 to the west line of St. Peter Street, thence southerly to the south line of Exchange Street, thence easterly along the south line of Exchange Street to the west line of Cedar Street, thence northerly along the west line of Cedar Street to the center line of Tenth Street, thence northeasterly along the center line of Tenth Street to the center line of Minnesota Street, thence northwesterly along the center line of Minnesota Street to the center line of Eleventh Street, thence northeasterly along the center line of Eleventh Street to the center line of Jackson Street, thence northwesterly along the center line of Jackson Street to the center line of the Arch-Pennsylvania freeway extended, thence westerly along the center line of the Arch-Pennsylvania freeway extended and Marion Street to the point of origin.

Under the comprehensive plan, or a portion of it, the board may regulate, by means of zoning rules adopted under the Administrative Procedure Act, the kind, character, height, and location, of buildings and other structures constructed or used, the size of yards and open spaces, the percentage of lots that may be occupied, and the uses of land, buildings and other structures, within the area. To protect and enhance the dignity, beauty, and architectural integrity of the capitol area, the board is further empowered to include in its zoning rules design review procedures and standards with respect to any proposed construction activities in the capitol area significantly affecting the dignity, beauty, and architectural integrity of the area. No person may undertake these construction activities as defined in the board's rules in the capitol area without first submitting construction plans to the board, obtaining a zoning permit from the board, and receiving a written certification from the board specifying that the person has complied with all design review procedures and standards. Violation of the zoning rules is a misdemeanor. The board may, at its option, proceed to abate any violation by injunction. The board and the city of Saint Paul shall cooperate in assuring that the area adjacent to the capitol area is developed in a manner that is in keeping with the purpose of the board and the provisions of the comprehensive plan.

(b) The commissioner of administration shall act as a consultant to the board with regard to the physical structural needs of the state. The commissioner shall make studies and report the results to the board when it requests reports for its planning purpose.

(c) No public building, street, parking lot, or monument, or other construction may be built or altered on any public lands within the area unless the plans for the project conform to the comprehensive use plan as specified in paragraph (d) and to the requirement for competitive plans as specified in paragraph (e). No alteration substantially changing the external appearance of any existing public building approved in the comprehensive plan or the exterior or interior design of any proposed new public building the plans for which were secured by competition under

paragraph (e) may be made without the prior consent of the board. The commissioner of administration shall consult with the board regarding internal changes having the effect of substantially altering the architecture of the interior of any proposed building.

(d) The comprehensive plan must show the existing land uses and recommend future uses including: areas for public taking and use; zoning for private land and criteria for development of public land, including building areas, open spaces, monuments, and other memorials; vehicular and pedestrian circulation; utilities systems; vehicular storage; elements of landscape architecture. No substantial alteration or improvement may be made to public lands or buildings in the area without the written approval of the board.

(e) The board shall secure by competitions plans for any new public building. Plans for any comprehensive plan, landscaping scheme, street plan, or property acquisition that may be proposed, or for any proposed alteration of any existing public building, landscaping scheme or street plan may be secured by a similar competition. A competition must be conducted under rules prescribed by the board and may be of any type which meets the competition standards of the American Institute of Architects. Designs selected become the property of the state of Minnesota, and the board may award one or more premiums in each competition and may pay the costs and fees that may be required for its conduct. At the option of the board, plans for projects estimated to cost less than $1,000,000 may be approved without competition provided the plans have been considered by the advisory committee described in paragraph (h). Plans for projects estimated to cost less than $400,000 and for construction of streets need not be considered by the advisory committee if in conformity with the comprehensive plan.

(f) Notwithstanding paragraph (e), an architectural competition is not required for the design of any light rail transit station and alignment within the capitol area. The board and its advisory committee shall select a preliminary design for any transit station in the capitol area. Each stage of any station's design through working drawings must be reviewed by the board's advisory committee and approved by the board to ensure that the station's design is compatible with the comprehensive plan for the capitol area and the board's design criteria. The guideway and track design of any light rail transit alignment within the capitol area must also be reviewed by the board's advisory committee and approved by the board.

(g) Of the amount available for the light rail transit design, adequate funds must be available to the board for design framework studies and review of preliminary plans for light rail transit alignment and stations in the capitol area.

(h) The board may not adopt any plan under paragraph (e) unless it first receives the comments and criticism of an advisory committee of three persons, each of whom is either an architect or a planner, who have been selected and appointed as follows: one by the board of the arts, one by the board, and one by the Minnesota Society of the American Institute of Architects. Members of the committee may not be contestants under paragraph (e). The comments and criticism must be a matter of public information. The committee shall advise the board on all architectural and planning matters. For that purpose, the committee must be kept currently informed concerning, and have access to, all data, including all plans, studies, reports and proposals, relating to the area as the data are developed or in the process of preparation, whether by the commissioner of administration, the commissioner of trade and economic development, the metropolitan council, the city of Saint Paul, or by any architect, planner, agency or organization, public or private, retained by the board or not retained and engaged in any work or planning relating to the area, and a copy of any data prepared by any public employee or agency must be filed with the board promptly upon completion.

The board may employ stenographic or technical help that may be reasonable to assist the committee to perform its duties.

When so directed by the board, the committee may serve as, and any member or members of the committee may serve on, the jury or as professional advisor for any architectural competition, and the board shall select the architectural advisor and jurors for any competition with the advice of the committee.

The city of Saint Paul shall advise the board. 

(i) The comprehensive plan for the area must be developed and maintained in close cooperation with the commissioner of trade and economic development, the planning department and the council for the city of Saint Paul, and the board of the arts, and no plan or amendment of a plan may be effective without 90 days' notice to the planning department of the city of Saint Paul and the board of the arts and without a public hearing with opportunity for public testimony.

(j) The board and the commissioner of administration, jointly, shall prepare, prescribe, and from time to time revise standards and policies governing the repair, alteration, furnishing, appearance, and cleanliness of the public and ceremonial areas of the state capitol building. The board shall consult with and receive advice from the director of the Minnesota state historical society regarding the historic fidelity of plans for the capitol building. The standards and policies developed under this paragraph are binding upon the commissioner of administration. The provisions of chapter 14, including section 14.386, do not apply to this paragraph.

(k) The board in consultation with the commissioner of administration shall prepare and submit to the legislature and the governor no later than October 1 of each even-numbered year a report on the status of implementation of the comprehensive plan together with a program for capital improvements and site development, and the commissioner of administration shall provide the necessary cost estimates for the program. The board shall report any changes to the comprehensive plan adopted by the board to the committee on governmental operations and gambling of the house of representatives and the committee on governmental operations and reform of the senate and upon request shall provide testimony concerning the changes. The board shall also provide testimony to the legislature on proposals for memorials in the capitol area as to their compatibility with the standards, policies, and objectives of the comprehensive plan.

(l) The state shall, by the attorney general upon the recommendation of the board and within appropriations available for that purpose, acquire by gift, purchase, or eminent domain proceedings any real property situated in the area described in this section, and it may also acquire an interest less than a fee simple interest in the property, if it finds that the property is needed for future expansion or beautification of the area.

(m) The board is the successor of the state veterans service building commission, and as such may adopt rules and may reenact the rules adopted by its predecessor under Laws 1945, chapter 315, and amendments to it.

(n) The board shall meet at the call of the chair and at such other times as it may prescribe.

(o) The commissioner of administration shall assign quarters in the state veterans service building to (1) the department of veterans affairs, of which a part that the commissioner of administration and commissioner of veterans affairs may mutually determine must be on the first floor above the ground, and (2) the American Legion, Veterans of Foreign Wars, Disabled American Veterans, Military Order of the Purple Heart, United Spanish War Veterans, and Veterans of World War I, and their auxiliaries, incorporated, or when incorporated, under the laws of the state, and (3) as space becomes available, to other state departments and agencies as the commissioner may deem desirable.

Sec. 37. Minnesota Statutes 2000, section 15.50, is amended by adding a subdivision to read:

Subd. 2b. [COMPUTER SYSTEMS.] The commissioner of administration must provide, at no charge, the board's connections to state computer networks and other support for the board's computer systems.

Sec. 38. Minnesota Statutes 2000, section 15A.0815, subdivision 1, is amended to read:

Subdivision 1. [SALARY LIMITS.] The governor or other appropriate appointing authority shall set the salary rates for positions listed in this section within the salary limits listed in subdivisions 2 to 4, subject to approval of the legislative coordinating commission and the legislature as provided by subdivision 5 and sections 3.855, and 15A.081, subdivision 7b, and 43A.18, subdivision 5. 

Sec. 39. Minnesota Statutes 2000, section 15A.0815, is amended by adding a subdivision to read:

Subd. 5. [APPOINTING AUTHORITIES TO RECOMMEND CERTAIN SALARIES.] (a) The governor, or other appropriate appointing authority, may submit to the legislative coordinating commission recommendations for salaries within the salary limits for the positions listed in subdivisions 2 to 4. An appointing authority may also propose additions or deletions of positions from those listed.

(b) Before submitting the recommendations, the appointing authority shall consult with the commissioner of employee relations concerning the recommendations.

(c) In making recommendations, the appointing authority shall consider the criteria established in section 43A.18, subdivision 8, and the performance of individual incumbents. The performance evaluation must include a review of an incumbent's progress toward attainment of affirmative action goals. The appointing authority shall establish an objective system for quantifying knowledge, abilities, duties, responsibilities, and accountabilities, and in determining recommendations, rate each position by this system.

(d) Before the appointing authority's recommended salaries take effect, the recommendations must be reviewed and approved, rejected, or modified by the legislative coordinating commission and the legislature under section 3.855, subdivisions 2 and 3. If, when the legislature is not in session, the commission fails to reject or modify salary recommendations of the governor within 30 calendar days of their receipt, the recommendations are deemed to be approved.

(e) The appointing authority shall set the initial salary of a head of a new agency or a chair of a new metropolitan board or commission whose salary is not specifically prescribed by law after consultation with the commissioner, whose recommendation is advisory only. The amount of the new salary must be comparable to the salary of an agency head or commission chair having similar duties and responsibilities.

(f) The salary of a newly appointed head of an agency or chair of a metropolitan agency listed in subdivisions 2 to 4, may be increased or decreased by the appointing authority from the salary previously set for that position within 30 days of the new appointment after consultation with the commissioner. If the appointing authority increases a salary under this paragraph, the appointing authority shall submit the new salary to the legislative coordinating commission and the full legislature for approval, modification, or rejection under section 3.855, subdivisions 2 and 3. If, when the legislature is not in session, the commission fails to reject or modify salary recommendations of the governor within 30 calendar days of their receipt, the recommendations are deemed to be approved.

Sec. 40. Minnesota Statutes 2000, section 16A.06, is amended by adding a subdivision to read:

Subd. 10. [TECHNOLOGY BUDGET BOOK.] The department shall prepare a separate budget book for each biennium beginning July 1, 2003, containing all of the administration's technology initiatives. The book shall also include a complete inventory of state-owned and leased technology, along with a projected replacement schedule. The inventory shall include information on how the technology fits into the state's master plan.

Sec. 41. Minnesota Statutes 2000, section 16A.10, is amended by adding a subdivision to read:

Subd. 1c. [PERFORMANCE MEASURES FOR CHANGE ITEMS.] For each change item in the budget proposal requesting new or increased funding, the budget document must present proposed performance measures that can be used to determine if the new or increased funding is accomplishing its goals.

Sec. 42. Minnesota Statutes 2000, section 16A.11, subdivision 6, is amended to read:

Subd. 6. [BUILDING MAINTENANCE.] The detailed operating budget must include amounts necessary to maintain state buildings. The commissioner of finance, in consultation with the commissioner of administration, the board of trustees of the Minnesota state colleges and universities, and the regents of the University of Minnesota,

shall establish budget guidelines for building maintenance appropriations. Unless otherwise provided by the commissioner of finance, the amount to be budgeted each year for building maintenance is two percent of the cost of the building, adjusted up or down depending on the age and condition of the building.

Sec. 43. [16A.1286] [STATEWIDE SYSTEMS ACCOUNT.]

Subdivision 1. [CONTINUATION.] The statewide systems account is a separate account in the general fund. All money resulting from billings for statewide systems services must be deposited in the account. For the purposes of this section, statewide systems includes the state accounting system, payroll system, human resources systems, procurement system, and related information access systems.

Subd. 2. [BILLING PROCEDURES.] The commissioner may bill up to $7,520,000 in each fiscal year for statewide systems services provided to state agencies, judicial branch agencies, the University of Minnesota, the Minnesota state colleges and universities, and other entities. Billing must be based only on usage of services relating to statewide systems provided by the intertechnologies division. Each agency shall transfer from agency operating appropriations to the statewide systems account the amount billed by the commissioner. Billing policies and procedures related to statewide systems services must be developed by the commissioner in consultation with the commissioners of employee relations and administration, the University of Minnesota, and the Minnesota state colleges and universities.

Subd. 3. [APPROPRIATION.] Money transferred into the account is appropriated to the commissioner to pay for statewide systems services during the biennium in which it is appropriated.

Sec. 44. [16A.151] [PROCEEDS OF LITIGATION OR SETTLEMENT.]

Subdivision 1. [STATE FUNDS; GENERAL FUND.] (a) This subdivision applies, notwithstanding any law to the contrary, except as provided in subdivision 2.

(b) A state official may not commence, pursue, or settle litigation, or settle a matter that could have resulted in litigation, in a manner that would result in money being distributed to a person or entity other than the state.

(c) Money recovered by a state official in litigation or in settlement of a matter that could have resulted in litigation is state money and must be deposited in the general fund.

Subd. 2. [EXCEPTIONS.] (a) If a state official litigates or settles a matter on behalf of specific injured persons or entities, this section does not prohibit distribution of money to the specific injured persons or entities on whose behalf the litigation or settlement efforts were initiated. If money recovered on behalf of injured persons or entities cannot reasonably be distributed to those persons or entities because they cannot readily be located or identified or because the cost of distributing the money would outweigh the benefit to the persons or entities, the money must be paid into the general fund.

(b) Money recovered on behalf of a fund in the state treasury other than the general fund may be deposited in that fund.

(c) This section does not prohibit a state official from distributing money to a person or entity other than the state in litigation or potential litigation in which the state is a defendant or potential defendant.

Subd. 3. [DEFINITIONS.] For purposes of this section:

(1) "litigation" includes civil, criminal, and administrative actions;

(2) "money recovered" includes actual damages, punitive or exemplary damages, statutory damages, and civil and criminal penalties; and 

(3) "state official" means the attorney general, another constitutional officer, an agency, or an agency employee, acting in official capacity.

Sec. 45. Minnesota Statutes 2000, section 16A.152, subdivision 4, is amended to read:

Subd. 4. [REDUCTION DEFICIT REMEDIES.] (a) If the commissioner determines that probable receipts for the general fund will be less than anticipated, and that the amount available for the remainder of the biennium will be less than needed, the commissioner shall, with the approval of the governor, and after consulting the legislative advisory commission, reduce the amount in the budget reserve account as needed to balance expenditures with revenue.

(b) An additional deficit shall, with the approval of the governor, and after consulting the legislative advisory commission, be made up by reducing unexpended allotments of any prior appropriation or transfer. Notwithstanding any other law to the contrary, the commissioner is empowered to defer or suspend prior statutorily created obligations which would prevent effecting such reductions.

(c) If the commissioner determines that probable receipts for any other fund, appropriation, or item will be less than anticipated, and that the amount available for the remainder of the term of the appropriation or for any allotment period will be less than needed, the commissioner shall notify the agency concerned and then reduce the amount allotted or to be allotted so as to prevent a deficit.

(d) In reducing allotments, the commissioner may consider other sources of revenue available to recipients of state appropriations and may apply allotment reductions based on all sources of revenue available.

(e) In like manner, the commissioner shall reduce allotments to an agency by the amount of any saving that can be made over previous spending plans through a reduction in prices or other cause proceed, in alphabetical order to the extent necessary, with the remedies in the paragraphs in this subdivision.

(a) [USE SAVINGS.] The commissioner shall first reduce allotments to an agency by the amount of any savings that can be made over previous spending plans through a reduction in prices or other cause.

(b) [USE OTHER SOURCES.] The commissioner shall next consider other sources of revenue available to recipients of state appropriations and may apply allotment reductions based on all sources of revenue available.

(c) [REDUCE BUDGET RESERVE ACCOUNT; GENERAL FUND.] With the approval of the governor, and after consulting with the legislative advisory commission, the commissioner may reduce the amount in the budget reserve account as needed to balance expenditures with revenue.

(d) [TEN PERCENT ALLOTMENT REDUCTION.] The commissioner shall, with the approval of the governor, reduce state agencies' allotments for unencumbered, unobligated operating expenditures and discretionary grants up to ten percent of total authorized spending for the biennium.

(e) [NEW, EXPANDED, OR FUTURE PROGRAMS.] The commissioner may, with the approval of the governor, reduce or delay unencumbered and unobligated allotments for appropriations for spending authorizations that represent new or expanded programs or program eligibility that have future implementation dates.

(f) [REDUCE UNEXPENDED ALLOTMENTS; OTHER FUNDS.] If the commissioner determines that probable receipts for any other fund, appropriation, or item will be less than anticipated, and that the amount available for the remainder of the term of the appropriation or for any allotment period will be less than needed, the commissioner shall notify the agency concerned and then reduce the amount allotted or to be allotted so as to prevent a deficit. 

Sec. 46. Minnesota Statutes 2000, section 16A.152, subdivision 7, is amended to read:

Subd. 7. [DELAY; REDUCTION.] The commissioner may delay paying up to 15 percent of an appropriation to a special taxing district or a system of higher education in that entity's fiscal year for up to 60 days after the start of its next fiscal year. The delayed amount is subject to allotment reduction under subdivision 1 4.

Sec. 47. Minnesota Statutes 2000, section 16B.58, is amended by adding a subdivision to read:

Subd. 6a. [PARKING RESTRICTIONS.] Notwithstanding subdivision 6:

(1) parking is prohibited on the terraces adjacent to the carriage entrance on the south side of the capitol building;

(2) the ten parking spaces on Aurora Avenue closest to the main entrance of the capitol building must be reserved for parking by physically disabled persons displaying a certificate issued under section 169.345; and

(3) the remainder of the parking spaces on Aurora Avenue must be reserved for the general public during legislative sessions.

Sec. 48. Minnesota Statutes 2000, section 16B.60, subdivision 3, is amended to read:

Subd. 3. [MUNICIPALITY.] "Municipality" means a city, county, or town meeting the requirements of section 368.01, subdivision 1, the University of Minnesota, or the state for public buildings and state licensed facilities.

Sec. 49. Minnesota Statutes 2000, section 16B.60, is amended by adding a subdivision to read:

Subd. 12. [DESIGNATE.] "Designate" means the formal designation by a municipality's administrative authority of a certified building official accepting responsibility for code administration.

Sec. 50. Minnesota Statutes 2000, section 16B.60, is amended by adding a subdivision to read:

Subd. 13. [ADMINISTRATIVE AUTHORITY.] "Administrative authority" means a municipality's governing body or their assigned administrative authority.

Sec. 51. Minnesota Statutes 2000, section 16B.61, subdivision 1, is amended to read:

Subdivision 1. [ADOPTION OF CODE.] Subject to sections 16B.59 to 16B.75, the commissioner shall by rule establish a code of standards for the construction, reconstruction, alteration, and repair of buildings, governing matters of structural materials, design and construction, fire protection, health, sanitation, and safety, including design and construction standards regarding heat loss control, illumination, and climate control. The code must also include duties and responsibilities for code administration, including procedures for administrative action, penalties, and suspension and revocation of certification. The code must conform insofar as practicable to model building codes generally accepted and in use throughout the United States, including a code for building conservation. In the preparation of the code, consideration must be given to the existing statewide specialty codes presently in use in the state. Model codes with necessary modifications and statewide specialty codes may be adopted by reference. The code must be based on the application of scientific principles, approved tests, and professional judgment. To the extent possible, the code must be adopted in terms of desired results instead of the means of achieving those results, avoiding wherever possible the incorporation of specifications of particular methods or materials. To that end the code must encourage the use of new methods and new materials. Except as otherwise provided in sections 16B.59 to 16B.75, the commissioner shall administer and enforce the provisions of those sections. 

Sec. 52. Minnesota Statutes 2000, section 16B.65, is amended to read:

16B.65 [BUILDING OFFICIALS.]

Subdivision 1. [APPOINTMENTS DESIGNATION.] The governing body of By January 1, 2002, each municipality shall, unless other means are already provided, appoint designate a building official to administer the code. A municipality may designate no more than one building official responsible for code administration defined by each certification category established in rule. Two or more municipalities may combine in the appointment designation of a single building official for the purpose of administering the provisions of the code within their communities. In those municipalities for which no building officials have been appointed designated, the state building official, with the approval of the commissioner, may appoint building officials to serve until the municipalities have made an appointment. If unable to make an appointment, the state building official may use whichever state employees or state agencies are necessary to perform the duties of the building official until the municipality makes a temporary or permanent designation. All costs incurred by virtue of an appointment by the state building official or these services rendered by state employees must be borne by the involved municipality. and receipts arising from the appointment these services must be paid into the state treasury and credited to the special revenue general fund.

Subd. 2. [QUALIFICATIONS.] A building official, to be eligible for appointment designation, must be certified and have the experience in design, construction, and supervision which the commissioner deems necessary and must be generally informed on the quality and strength of building materials, accepted building construction requirements, and the nature of equipment and needs conducive to the safety, comfort, and convenience of building occupants. Each building official must be certified under this section, except that the qualifications outlined in this section are not mandatory regarding any building official in any municipality engaged in the administration of a building code on May 27, 1971, and continuing that function through July 1, 1972 No person may be designated as a building official for a municipality unless the commissioner determines that the official is qualified as provided in subdivision 3.

Subd. 3. [CERTIFICATION.] The commissioner shall:

(1) prepare and conduct written and practical examinations to determine if a person is qualified pursuant to subdivision 2 to be a building official;

(2) accept documentation of successful completion of testing programs developed by nationally recognized testing agencies, as proof of qualification pursuant to subdivision 2; or

(3) determine qualifications by both clauses (1) and (2).

Upon a determination of qualification under clause (1), (2), or both of them, the commissioner shall issue a certificate to the building official stating that the official is certified. Each person applying for examination and certification pursuant to this section shall pay a nonrefundable fee of $70. The commissioner or a designee may establish classes categories of certification that will recognize the varying complexities of code enforcement in the municipalities within the state. Except as provided by subdivision 2, no person may act as a building official for a municipality unless the commissioner determines that the official is qualified. The commissioner shall provide educational programs designed to train and assist building officials in carrying out their responsibilities.

The department of employee relations may, at the request of the commissioner, provide statewide testing services.

Subd. 4. [DUTIES.] Building officials shall, in the municipality for which they are appointed designated, attend to be responsible for all aspects of code administration for which they are certified, including the issuance of all building permits and the inspection of all manufactured home installations. The commissioner may direct a municipality with a building official to perform services for another municipality, and in that event the municipality being served shall pay the municipality rendering the services the reasonable costs of the services. The costs may be subject to approval by the commissioner. 

Subd. 5. [REMOVAL FROM OFFICE OVERSIGHT COMMITTEE.] Except as otherwise provided for by law the commissioner may, upon notice and hearing, direct the dismissal of a building official when it appears to the commissioner by competent evidence that the building official has consistently failed to act in the public interest in the performance of duties. Notice must be provided and the hearing conducted in accordance with the provisions of chapter 14 governing contested case proceedings. Nothing in this subdivision limits or otherwise affects the authority of a municipality to dismiss or suspend a building official at its discretion, except as otherwise provided for by law. (a) The commissioner shall establish a code administration oversight committee to evaluate, mediate, and recommend to the commissioner any administrative action, penalty, suspension, or revocation with respect to complaints filed with or information received by the commissioner alleging or indicating the unauthorized performance of official duties or unauthorized use of the title certified building official, or a violation of statute, rule, or order that the commissioner has issued or is empowered to enforce. The committee consists of five certified building officials, at least two of whom must be from nonmetropolitan counties. Committee members must be compensated according to section 15.059, subdivision 3. The commissioner's designee shall act as an ex-officio member of the oversight committee.

(b) If the commissioner has a reasonable basis to believe that a person has engaged in an act or practice constituting the unauthorized performance of official duties, the unauthorized use of the title certified building official, or a violation of a statute, rule, or order that the commissioner has issued or is empowered to enforce, the commissioner may proceed with administrative actions or penalties as described in subdivision 6 or suspension or revocation as described in subdivision 7.

Subd. 6. [ADMINISTRATIVE ACTION AND PENALTIES.] The commissioner shall, by rule, establish a graduated schedule of administrative actions for violations of sections 16B.59 to 16B.75 and rules adopted under those sections. The schedule must be based on and reflect the culpability, frequency, and severity of the violator's actions. The commissioner may impose a penalty from the schedule on a certification holder for a violation of sections 16B.59 to 16B.75 and rules adopted under those sections. The penalty is in addition to any criminal penalty imposed for the same violation. Administrative monetary penalties imposed by the commissioner must be paid to the general fund.

Subd. 7. [SUSPENSION; REVOCATION.] Except as otherwise provided for by law, the commissioner may, upon notice and hearing, revoke or suspend or refuse to issue or reissue a building official certification if the applicant, building official, or certification holder:

(a) violates a provision of sections 16B.59 to 16B.75 or a rule adopted under those sections;

(b) engages in fraud, deceit, or misrepresentation while performing the duties of a certified building official;

(c) makes a false statement in an application submitted to the commissioner or in a document required to be submitted to the commissioner; or

(d) violates an order of the commissioner.

Notice must be provided and the hearing conducted in accordance with the provisions of chapter 14 governing contested case proceedings. Nothing in this subdivision limits or otherwise affects the authority of a municipality to dismiss or suspend a building official at its discretion, except as otherwise provided for by law.

Subd. 6 8. [VACANCIES.] In the event that a certified designated building official vacates that position is vacant within a municipality, that municipality shall appoint designate a certified building official to fill the vacancy as soon as possible. The commissioner must be notified of any vacancy or designation in writing within 15 days. If the municipality fails to appoint designate a certified building official within 90 15 days of the occurrence of the vacancy, the state building official may make the appointment or provide state employees to serve that function as provided in subdivision 1 until the municipality makes a temporary or permanent designation. Municipalities must not issue permits without a designated certified building official. 

Subd. 7 9. [CONTINUING EDUCATION.] Subject to sections 16B.59 to 16B.75, the commissioner may by rule establish or approve continuing education programs for municipal building officials dealing with matters of building code administration, inspection, and enforcement.

Effective January 1, 1985, Each person certified as a building official for the state must satisfactorily complete applicable educational programs established or approved by the commissioner every three calendar years to retain certification.

Each person certified as a building official must submit in writing to the commissioner an application for renewal of certification within 60 days of the last day of the third calendar year following the last certificate issued. Each application for renewal must be accompanied by proof of satisfactory completion of minimum continuing education requirements and the certification renewal fee established by the commissioner.

For persons certified prior to January 1, 1985, the first three-year period commences January 1, 1985.

Sec. 53. Minnesota Statutes 2000, section 16B.70, subdivision 2, is amended to read:

Subd. 2. [COLLECTION AND REPORTS.] All permit surcharges must be collected by each municipality and a portion of them remitted to the state. Each municipality having a population greater than 20,000 people shall prepare and submit to the commissioner once a month a report of fees and surcharges on fees collected during the previous month but shall retain the greater of two percent or that amount collected up to $25 to apply against the administrative expenses the municipality incurs in collecting the surcharges. All other municipalities shall submit the report and surcharges on fees once a quarter but shall retain the greater of four percent or that amount collected up to $25 to apply against the administrative expenses the municipalities incur in collecting the surcharges. The report, which must be in a form prescribed by the commissioner, must be submitted together with a remittance covering the surcharges collected by the 15th day following the month or quarter in which the surcharges are collected. All money collected by the commissioner through surcharges and other fees prescribed by sections 16B.59 to 16B.75 shall be deposited in the state government special revenue fund and is appropriated to the commissioner for the purpose of administering and enforcing the State Building Code under sections 16B.59 to 16B.75 general fund.

Sec. 54. Minnesota Statutes 2000, section 16B.76, subdivision 1, is amended to read:

Subdivision 1. [MEMBERSHIP.] (a) The construction codes advisory council consists of the following members:

(1) the commissioner of administration or the commissioner's designee representing the department's building codes and standards division;

(2) the commissioner of health or the commissioner's designee representing an environmental health section of the department;

(3) the commissioner of public safety or the commissioner's designee representing the department's state fire marshal division;

(4) the commissioner of public service or the commissioner's designee representing the department's energy regulation and resource management division; and

(5) one member representing each of the following occupations or entities, appointed by the commissioner of administration:

(i) a certified building official;

(ii) a fire service representative; 

(iii) a licensed architect;

(iv) a licensed engineer;

(v) a building owners and managers representative;

(vi) a licensed residential building contractor;

(vii) a commercial building contractor;

(viii) a heating and ventilation contractor;

(ix) a plumbing contractor;

(x) a representative of a construction and building trades union; and

(xi) a local unit of government representative.

(b) For members who are not state officials or employees, terms, compensation, removal, and the filling of vacancies are governed by section 15.059. The council shall select one of its members to serve as chair.

(c) The council expires June 30, 2001 2003.

Sec. 55. Minnesota Statutes 2000, section 16B.88, subdivision 1, is amended to read:

Subdivision 1. [INFORMATION CENTER FOR VOLUNTEER PROGRAMS.] (a) The office of citizenship and volunteer services is under the supervision and administration of a director appointed by the commissioner governor. The office shall: (1) operate as a state information, technical assistance, and promotion center for volunteer programs; and (2) promote and facilitate citizen participation in local governance and public problem solving.

(b) In furtherance of the mission in paragraph (a), clause (2), the office shall:

(1) engage in education and other activities designed to enhance the capacity of citizens to solve problems affecting their communities;

(2) promote and support efforts by citizens, community-based organizations, nonprofits, churches, and local governments to collaborate in solving community problems;

(3) encourage local governments to provide increased opportunities for citizen involvement in public decision making and public problem solving;

(4) refer innovative approaches to encourage greater public access to and involvement in state and local government decisions to appropriate state and local government officials;

(5) encourage units of state and local government to respond to citizen initiatives and ideas;

(6) promote processes for involving citizens in government decisions; and

(7) recognize and publicize models of effective public problem solving by citizens.

Sec. 56. Minnesota Statutes 2000, section 16C.03, subdivision 3, is amended to read:

Subd. 3. [ACQUISITION AUTHORITY.] The commissioner shall acquire all goods, services, and utilities needed by agencies. The commissioner shall acquire goods, services, and utilities by requests for bids, requests for proposals, reverse auctions as provided in section 16C.10, subdivision 7, or other methods provided by law, unless a section

of law requires a particular method of acquisition to be used. The commissioner shall make all decisions regarding acquisition activities. The determination of the acquisition method and all decisions involved in the acquisition process, unless otherwise provided for by law, shall be based on best value which includes an evaluation of price and may include other considerations including, but not limited to, environmental considerations, quality, and vendor performance. A best value determination must be based on the evaluation criteria detailed in the solicitation document. If criteria other than price are used, the solicitation document must state the relative importance of price and other factors. Unless it is determined by the commissioner that an alternative solicitation method provided by law should be used to determine best value, a request for bid must be used to solicit formal responses for all building and construction contracts. Any or all responses may be rejected. When using the request for bid process, the bid must be awarded to the lowest responsive and responsible bidder, taking into consideration conformity with the specifications, terms of delivery, the purpose for which the contract or purchase is intended, the status and capability of the vendor, and other considerations imposed in the request for bids. The commissioner may decide which is the lowest responsible bidder for all purchases and may must use the principles of life-cycle costing, where appropriate, in determining the lowest overall bid. The duties set forth in this subdivision are subject to delegation pursuant to this section.

Sec. 57. [16C.055] [BARTER ARRANGEMENTS PROHIBITED.]

An agency may not contract or otherwise agree with a person or entity outside of state government to receive nonmonetary consideration in exchange for the agency providing nonmonetary consideration, unless such an agreement is specifically authorized by law. This section shall not apply to contracts or agreements entered into by the Minnesota zoological board under chapter 85A or the director of the state lottery under chapter 349A.

Sec. 58. [16C.066] [COST-BENEFIT ANALYSIS.]

(a) The commissioner or an agency official to whom the commissioner has delegated duties under section 16C.03, subdivision 16, may not approve a contract or purchase of goods or services for transit or other transportation purposes in an amount greater than $5,000,000 unless a cost-benefit analysis has been completed and shows a positive benefit to the public. The management analysis division must perform or direct the performance of the analysis. A cost-benefit analysis must be performed for a project if an aggregation of contracts or purchases for a project exceeds $5,000,000.

(b) All cost-benefit analysis documents under this section, including preliminary drafts and notes, are public data.

(c) If a cost-benefit analysis does not show a positive benefit to the public, the governor may approve a contract or purchase of goods or services if a cost-effectiveness study had been done that shows the proposed project is the most effective way to provide a necessary public good.

(d) This section applies to contracts for goods or services that are expected to have a useful life of more than three years. This section does not apply for purchase of goods or services for response to a natural disaster if an emergency has been declared by the governor.

(e) This section expires June 30, 2003.

Sec. 59. Minnesota Statutes 2000, section 16C.25, is amended to read:

16C.25 [BUILDING AND CONSTRUCTION CONTRACTS.]

(a) Notwithstanding any contrary law, and except as provided in paragraph (b), the provisions of Minnesota Statutes 1996, section 16B.07, 16B.08, 16B.09, and all other laws applicable to competitive bidding for building and construction contracts on June 30, 1998, apply to building and construction contracts entered into on or after July 1, 1998. 

(b) Notwithstanding Minnesota Statutes 1996, section 16C.28, the commissioner must use the principles of life-cycle costing, where appropriate, in determining the lowest overall bid.

Sec. 60. [16E.0465] [TECHNOLOGY APPROVAL.]

Subdivision 1. [APPLICATION.] This section applies to an appropriation of more than $1,000,000 of state or federal funds to a state agency for any information and communications technology project or data processing device or system or for any phase of such a project, device, or system. For purposes of this section, an appropriation of state or federal funds to a state agency includes an appropriation: (1) to the Minnesota state colleges and universities; (2) to a constitutional officer; (3) for a project that includes both a state agency and units of local government; and (4) to a state agency for grants to be made to other entities.

Subd. 2. [REQUIRED REVIEW AND APPROVAL.] (a) A state agency receiving an appropriation for an information and communications technology project or data processing device or system subject to this section must divide the project into phases.

(b) The commissioner of finance may not authorize the encumbrance or expenditure of an appropriation of state funds to a state agency for any phase of a project, device, or system subject to this section unless the office of technology has reviewed each phase of the project, device, or system, and based on this review, the commissioner of administration has determined for each phase that:

(1) the project is compatible with the state information architecture and other policies and standards established by the commissioner of administration; and

(2) the agency is able to accomplish the goals of the project with the funds appropriated.

Subd. 3. [ROLE OF COMMISSIONER.] Unless money is appropriated directly to the commissioner of administration, the role of the commissioner and the office of technology is to review and approve projects under this section, and not to design or implement the projects.

Sec. 61. [16E.055] [COMMON WEB FORMAT.]

A state agency that implements electronic government services for fees, licenses, sales, or other purposes must use a common Web page format approved by the commissioner of administration for those electronic government services. The commissioner may create a single entry site for all agencies to use for electronic government services.

Sec. 62. [16E.075] [SALARY WEB ACCESS.]

A government unit, as defined under section 16E.07, that receives state funds, including those through the department of revenue or finance, must post on its Web site, if any, the individual salaries and benefits of all the employees of the government unit.

Sec. 63. [16E.09] [TECHNOLOGY ENTERPRISE FUND.]

Subdivision 1. [TECHNOLOGY ENTERPRISE FUND.] A technology enterprise fund is established. Money deposited in the fund is appropriated to the commissioner of administration for the purpose of funding technology projects among government entities that promote cooperation, innovation, and shared use of technology and technology standards, and electronic government services. A portion of revenues from the sale of information technology surplus equipment or data, a portion of funds collected from rental of communication tower space, and a portion of refunds from information technology services or purchases and from savings generated by information technology and telecommunications projects may be deposited into the fund upon agreement by the commissioner of administration and the executive of the government entity generating those funds. The commissioner of administration may accept contributions from other entities or other gifts and grants into the fund. The transfer of

funds between state agencies is subject to the approval of the commissioner of finance. The commissioner of finance shall notify the chairs of the committees funding the affected state agencies of such transfers. Funds are available until June 30, 2005.

Subd. 2. [TECHNOLOGY ENTERPRISE BOARD.] A technology enterprise board is established to advise the state chief information officer, the office of technology, the governor, the executive branch, and the legislature regarding information technology funding and expenditures from the technology enterprise fund. The board shall consist of up to 18 members representing public and private entities with general expertise in information technology and telecommunications initiatives and planning. The state chief information officer shall act as chair and the office of technology shall provide necessary staff support. Nonlegislator members shall be appointed by the governor, including one nominee representing the state executive council, one nominee representing the supreme court, and one nominee representing the higher education advisory council; and seven at-large members representing the private sector with experience in business. The speaker of the house of representatives and the senate subcommittee on committees shall each appoint two legislators to the board. Legislator members serve at the pleasure of the appointing authority. Membership terms, compensation, and removal of nonlegislator board members are governed by section 15.059, except that terms are three years and the board expires on June 30, 2005.

Subd. 3. [REPORT TO LEGISLATURE.] By February 1 each year, the commissioner of administration shall report to the chairs of the finance committees in the senate and house of representatives with jurisdiction over governmental operations on expenditures and activities under this section.

Subd. 4. [EXPIRATION.] This section expires June 30, 2005.

Sec. 64. Minnesota Statutes 2000, section 43A.04, is amended by adding a subdivision to read:

Subd. 12. [TOTAL COMPENSATION REPORTING.] (a) The commissioner, in consultation with the commissioner of finance, shall report to the governor and the legislature by January 15 each year on executive branch employee salary and benefits. The purpose of the report is to assist in effective long-range planning and to provide data necessary to compute annual and biennial costs related to the state workforce. The report must use data available in the biennial budget system and other necessary sources. The report also must be made available to the public in an electronic format.

(b) The report must be organized by agency. For each employee during the previous fiscal year the report must:

(1) list each employee by position number, but not by name;

(2) list the total amount the state spent, by fund, for the employee's salary and total compensation, including social security contributions, insurance, and all other benefits and related costs;

(3) list the employee's length of state service; and

(4) list the total estimated compensation for the employee's career, assuming the employee works until the normal retirement age.

Sec. 65. Minnesota Statutes 2000, section 43A.04, is amended by adding a subdivision to read:

Subd. 13. [COMBINED CHARITIES CAMPAIGN.] (a) The commissioner shall administer the state employee combined charities campaign. This duty includes registration of combined charitable organizations under section 309.501, and coordination and administration of the process under which state employees contribute to combined charitable organizations. 

(b) The commissioner, in consultation with other commissioners, shall appoint a voluntary board of state employees to oversee the conduct of an annual combined charities campaign. The board must, to the extent possible, represent a cross-section of state employee groups and geographic areas where state employees are located. The board shall provide direction to the commissioner's employee assigned to administer the annual campaign and shall approve any expenditure of state funds appropriated for purposes of this subdivision.

Sec. 66. Minnesota Statutes 2000, section 43A.17, subdivision 9, is amended to read:

Subd. 9. [POLITICAL SUBDIVISION COMPENSATION LIMIT.] The salary and the value of all other forms of compensation of a person employed by a statutory or home rule charter city, county, town, metropolitan or regional agency, or other political subdivision of this state excluding a school district, or employed under section 422A.03, may not exceed 95 percent of the salary of the governor as set under section 15A.082, except as provided in this subdivision. Deferred compensation and payroll allocations to purchase an individual annuity contract for an employee are included in determining the employee's salary. Other forms of compensation which shall be included to determine an employee's total compensation are all other direct and indirect items of compensation which are not specifically excluded by this subdivision. Other forms of compensation which shall not be included in a determination of an employee's total compensation for the purposes of this subdivision are:

(1) employee benefits that are also provided for the majority of all other full-time employees of the political subdivision, vacation and sick leave allowances, health and dental insurance, disability insurance, term life insurance, and pension benefits or like benefits the cost of which is borne by the employee or which is not subject to tax as income under the Internal Revenue Code of 1986;

(2) dues paid to organizations that are of a civic, professional, educational, or governmental nature; and

(3) reimbursement for actual expenses incurred by the employee which the governing body determines to be directly related to the performance of job responsibilities, including any relocation expenses paid during the initial year of employment.

The value of other forms of compensation shall be the annual cost to the political subdivision for the provision of the compensation. The salary of a medical doctor or doctor of osteopathy occupying a position that the governing body of the political subdivision has determined requires an M.D. or D.O. degree is excluded from the limitation in this subdivision. The commissioner may increase the limitation in this subdivision for a position or class of positions that the commissioner has determined requires special expertise necessitating a higher salary to attract or retain a qualified person. In making determinations on the appropriate salary, the commissioner may consider evidence of actual or anticipated difficulties in attracting or retaining a qualified person or persons. The commissioner shall review each proposed increase giving due consideration to salary rates paid to other persons with similar responsibilities in the state and nation. The commissioner may not increase the limitation until the commissioner has presented the proposed increase to the legislative coordinating commission and received the commission's recommendation on it. The recommendation is advisory only. If the commission does not give its recommendation on a proposed increase within 30 days from its receipt of the proposal, the commission is deemed to have recommended approval.

Sec. 67. [43A.235] [CO-PAYMENT REQUIRED.]

A collective bargaining agreement or compensation plan providing state employee medical and dental insurance or benefits must require a system of co-payments, including, but not limited to, office visits and emergency or urgent care visits, by the employee or a covered dependent.

Sec. 68. Minnesota Statutes 2000, section 43A.38, subdivision 1, is amended to read:

Subdivision 1. [DEFINITIONS.] For the purpose of this section the following definitions shall apply:

(a) "Business" means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, self-employed individual or any other legal entity which engages either in nonprofit or profit making activities. 

(b) "Confidential information" means any information obtained under government authority which has not become part of the body of public information and which, if released prematurely or in nonsummary form, may provide unfair economic advantage or adversely affect the competitive position of an individual or a business.

(c) "Employee" has the meaning given in section 43A.02, subdivision 21, and includes an executive officer listed in Minnesota Constitution, article V, section 1.

(d) "Private interest" means any interest, including but not limited to a financial interest, which pertains to a person or business whereby the person or business would gain a benefit, privilege, exemption or advantage from the action of a state agency or employee that is not available to the general public.

Sec. 69. Minnesota Statutes 2000, section 43A.38, subdivision 6, is amended to read:

Subd. 6. [DETERMINATION OF CONFLICTS OF INTEREST.] (a) When an employee believes the potential for a conflict of interest exists, it is the employee's duty to avoid the situation. A conflict of interest shall be deemed to exist when a review of the situation by the employee, the appointing authority or the commissioner determines any one of the following conditions to be present:

(a) (1) the use for private gain or advantage of state time, facilities, equipment or supplies or badge, uniform, prestige or influence of state office or employment;

(b) (2) receipt or acceptance by the employee of any money or other thing of value from anyone other than the state for the performance of an act which the employee would be required or expected to perform in the regular course or hours of state employment or as part of the duties as an employee;

(c) (3) employment by a business which is subject to the direct or indirect control, inspection, review, audit or enforcement by the employee; or

(d) (4) the performance of an act in other than the employee's official capacity which may later be subject directly or indirectly to the control, inspection, review, audit or enforcement by the employee.

(b) The chief administrative law judge, appointed under section 14.48, instead of the commissioner, shall make determinations concerning potential conflicts of interest for an executive officer listed in Minnesota Constitution, article V, section 1. If the chief administrative law judge has a conflict of interest in a determination under this section, the chief may assign another administrative law judge to make the determination.

Sec. 70. Minnesota Statutes 2000, section 43A.38, subdivision 7, is amended to read:

Subd. 7. [RESOLUTION OF CONFLICT OF INTEREST.] (a) This paragraph applies to an employee other than an executive officer listed in Minnesota Constitution, article V, section 1. If the employee, appointing authority or commissioner determine that a conflict of interest exists, the matter shall be assigned to another employee who does not have a conflict of interest. If it is not possible to assign the matter to an employee who does not have a conflict of interest, interested persons shall be notified of the conflict and the employee may proceed with the assignment.

(b) An executive officer listed in Minnesota Constitution, article V, section 1, must attempt to avoid or mitigate a potential conflict of interest to the greatest extent practicable. Any person may request the chief administrative law judge to determine if a conflict of interest exists for an executive officer listed in Minnesota Constitution, article V, section 1. If the chief administrative law judge determines that a conflict of interest exists, any person may bring an action in the district court in Ramsey county to enjoin an executive officer listed in Minnesota Constitution, article V, section 1, from engaging in activity that the chief administrative law judge has determined to constitute a conflict of interest under this section. 

Sec. 71. [116T.01] [DEFINITIONS.]

For purposes of this chapter:

(1) "board" means the board of directors of Northern Technology Initiative, Inc.; and

(2) "corporation" means Northern Technology Initiative, Inc.

Sec. 72. [116T.02] [CORPORATION; MEMBERS; BOARD OF DIRECTORS; POWERS.]

Subdivision 1. [PUBLIC CORPORATION.] Northern Technology Initiative, Inc. is a public corporation of the state and is not subject to the laws governing a state agency except as provided in this chapter. The business of the corporation must be conducted under the name "Northern Technology Initiative, Inc."

Subd. 2. [PURPOSE.] Northern Technology Initiative, Inc. is a regional economic initiative of Minnesota counties, townships, home rule charter or statutory cities within participating counties, economic development groups, state and federal agencies, public and private post-secondary institutions, and businesses. The project area includes, at a minimum, the counties of Carlton, Chisago, Isanti, Kanabec, and Pine, but may be expanded as other contiguous counties elect to participate. The purpose of the corporation is to engage in an integrated, jointly planned economic development effort with a focus on encouraging growth among existing businesses and attracting technology companies to the region served by the corporation. A home rule charter city, statutory city, county, township, or other public entity participating in the initiative may budget public funds for the initiative.

Subd. 3. [BOARD OF DIRECTORS.] The corporation is governed by a board of directors consisting of:

(1) a member of the governing body of each participating county, appointed by the governing body;

(2) a member of the governing body of each participating home rule charter or statutory city, appointed by the governing body;

(3) the president of each participating post-secondary institution;

(4) the commissioner of the department of trade and economic development or an employee of the department designated by the commissioner; and

(5) other members as may be provided by the bylaws adopted and amended in accordance with subdivision 4.

The membership terms, compensation, removal, and filling of vacancies of members of the board are governed by the bylaws of the corporation.

Subd. 4. [BYLAWS.] The board of directors shall adopt bylaws and publish the bylaws and amendments to the bylaws in the State Register. The bylaws must provide for financial and other contributions by participating entities to cover the operation of the corporation.

Subd. 5. [PLACES OF BUSINESS.] The board shall locate and maintain the corporation's places of business within Carlton, Chisago, Isanti, Kanabec, or Pine county.

Subd. 6. [MEETINGS AND ACTIONS OF BOARD.] (a) The board must meet at least twice a year and may hold additional meetings upon giving notice in accordance with the bylaws of the corporation. Except as provided in subdivision 7, board meetings are subject to chapter 13D.

(b) A conference among directors by any means of communication through which the directors may simultaneously hear each other during the conference constitutes a board meeting if the number of directors participating in the conference is sufficient to constitute a quorum for the meeting. Participation in a meeting by that means constitutes presence in person at the meeting. 

Subd. 7. [CLOSED MEETINGS; RECORDING.] The board of directors may, by a majority vote in a public meeting, decide to hold a closed meeting for purposes of discussing data described in subdivision 8 or security information, trade secret information, or labor relations information, as defined in section 13.37, subdivision 1. The time and place of the closed meeting must be announced at the public meeting. A written roll of members present at the closed meeting must be made available to the public after the closed meeting. The proceedings of a closed meeting must be tape recorded. The data on the tape are nonpublic data or private data on individuals as defined in section 13.02, subdivision 9 or 12, whichever is applicable.

Subd. 8. [APPLICATION AND INVESTIGATIVE DATA.] Financial data, statistics, and information furnished to the corporation in connection with assistance or proposed assistance, including credit reports; financial statements; statements of net worth; income tax returns, either personal or corporate; and any other business and personal financial records, are private data with regard to data on individuals under section 13.02, subdivision 12, or nonpublic data with regard to data not on individuals under section 13.02, subdivision 9.

Subd. 9. [CONFLICT OF INTEREST.] A director, employee, or officer of the corporation may not participate in or vote on a decision of the board relating to an organization in which the director has either a direct or indirect financial interest or a conflict of interest as described in section 10A.07.

Subd. 10. [TORT CLAIMS.] The corporation is a state agency for purposes of section 3.736, except the corporation, not the state, is responsible for paying for any tort liability.

Subd. 11. [DATA PRACTICES AND RECORDS MANAGEMENT.] The corporation is subject to chapter 13 and sections 15.17 and 138.163 to 138.226.

Sec. 73. [116T.03] [CORPORATE PERSONNEL.]

Subdivision 1. [GENERALLY.] The board shall appoint and set the compensation for the executive director who serves as chief executive officer of the corporation. The compensation of the executive director may not exceed 85 percent of the governor's salary. The board may designate the executive director as its general agent. Subject to the approval of the board, the executive director shall employ staff consultants and other agents necessary to carry out the mission of the corporation.

Subd. 2. [STATUS OF EMPLOYEES.] Employees, officers, and directors of the corporation are not state employees, but are covered by section 3.736 and, at the option of the board, employees may participate in the state retirement plan for employees in the unclassified service, the state deferred compensation plan, and an insurance plan administered by the commissioner of employee relations.

Sec. 74. [116T.04] [POWERS AND DUTIES OF CORPORATION.]

Subdivision 1. [GENERAL POWERS AND DUTIES.] (a) The corporation has the powers granted to a nonprofit corporation by section 317A.161, except as otherwise provided in this chapter.

(b) Except as specified in section 116T.02, subdivision 10, the state is not liable for the obligations of the corporation.

(c) Section 317A.161 applies to this chapter and the corporation in the same manner that it applies to business corporations established under chapter 317A.

Subd. 2. [RULES.] The corporation must publish in the State Register any guidelines, policies, or eligibility criteria prepared or adopted by the corporation for its programs.

Sec. 75. [116T.05] [AUDITS.]

The corporation is subject to the auditing requirements of sections 3.971 and 3.972. 

Sec. 76. [116T.06] [DISSOLUTION.]

In the event of dissolution of the corporation for any reason, the bylaws must provide for return of the proceeds of that liquidation and any wholly owned assets of the corporation to the entities participating in Northern Technology Initiative, Inc. in exchange for the assumption of all outstanding obligations of the corporation.

Sec. 77. Minnesota Statutes 2000, section 136F.07, is amended to read:

136F.07 [CHANCELLOR.]

The board shall appoint a chancellor who shall serve in the unclassified service. The chancellor shall possess powers and perform duties as delegated by the board. The board shall set the salary of the chancellor according to section 15A.0815 15A.081, subdivision 7c.

Sec. 78. Minnesota Statutes 2000, section 136F.40, subdivision 2, is amended to read:

Subd. 2. [COMPENSATION CONTRACTS.] Notwithstanding any other provision to the contrary, when establishing compensation the board may provide, through a contract, a liquidated salary amount or other compensation if a contract with a chancellor or president is terminated by the board prior to its expiration.

Any benefits shall be excluded in computation of retirement, insurance, and other benefits available through or from the state. Any benefits or additional compensation must be as provided under the plan approved under section 43A.18, subdivision 3a. (a) The board may enter into a contract with the chancellor, a vice-chancellor, or a president, containing terms and conditions of employment. The terms of the contract must be authorized under a plan approved under section 43A.18, subdivision 3a.

(b) Notwithstanding section 43A.17, subdivision 11, or other law to the contrary, a contract under this section may provide a liquidated salary amount or other compensation if a contract is terminated by the board prior to its expiration.

Sec. 79. Minnesota Statutes 2000, section 138.35, is amended by adding a subdivision to read:

Subd. 3. [FEE.] The commissioner of administration may charge state agencies, political subdivisions, and businesses a fee for the cost of providing archaeological services as prescribed in sections 138.31 to 138.41 and 307.08. Fees collected by the commissioner of administration must be deposited in the state treasury and are appropriated to the commissioner of administration to pay the cost of operating the office of the state archaeologist. The proposed fee rate must be submitted to the commissioner of finance by August 1 of each even-numbered year. The commissioner of finance must approve the fee rate.

Sec. 80. Minnesota Statutes 2000, section 138.39, is amended to read:

138.39 [RULES.]

The director of the historical society commissioner of administration, in consultation with the state archaeologist, may make and issue such adopt rules, not inconsistent with law, as may be required to carry out the provisions of sections 138.31 to 138.42, and to carry out the state archaeologist's duties under chapter 307. In making such rules, they shall the commissioner must consult with other agencies of the state whose activities may be affected thereby.

Sec. 81. Minnesota Statutes 2000, section 161.1419, subdivision 8, is amended to read:

Subd. 8. [EXPIRATION.] Notwithstanding section 15.059, the commission shall expire on June 30, 2001 2005. 

Sec. 82. Minnesota Statutes 2000, section 161.32, subdivision 1b, is amended to read:

Subd. 1b. [LOWEST RESPONSIBLE BIDDER.] Trunk highway construction contracts, including design-build contracts, must be awarded to the lowest responsible bidder, taking into consideration conformity with the specifications, the purpose for which the contract or purchase is intended, the status and capability of the vendor, and other considerations imposed in the call for bids. The commissioner may decide which is the lowest responsible bidder for all contracts and may must use the principles of life-cycle costing, where appropriate, in determining the lowest overall bid. Any or all bids may be rejected. In a case where competitive bids are required and where all bids are rejected, new bids, if solicited, must be called for as in the first instance, unless otherwise provided by law.

Sec. 83. Minnesota Statutes 2000, section 179A.15, is amended to read:

179A.15 [MEDIATION.]

Once notice has been given under section 179A.14, the employer or the exclusive representative may petition the commissioner for mediation services.

A petition by an employer shall be signed by the employer or an authorized officer or agent. A petition by an exclusive representative shall be signed by its authorized officer. All petitions shall be delivered to served on the commissioner in person or sent by certified mail writing. The petition shall state briefly the nature of the disagreement of the parties. Upon receipt of a petition and upon concluding that mediation would be useful, the commissioner shall fix a time and place for a conference with the parties to negotiate the issues not agreed upon, and shall then take the most expedient steps to bring about a settlement, including assisting in negotiating and drafting an agreement.

If the commissioner determines that mediation would be useful in resolving a dispute, the commissioner may mediate the dispute even if neither party has filed a petition for mediation. In these cases, the commissioner shall proceed as if a petition had been filed.

The commissioner shall not furnish mediation services to any employee or employee representative who is not certified as an exclusive representative.

All parties shall respond to the summons of the commissioner for conferences and shall continue in conference until excused by the commissioner.

Sec. 84. Minnesota Statutes 2000, section 190.06, subdivision 1, is amended to read:

Subdivision 1. [COMPOSITION.] The militia shall consist of:

(1) all able-bodied citizens of the state and other able-bodied persons, residing in the state who have or shall have declared their intention to become citizens of the United States, when so authorized by federal law, who comply with the minimum age requirements for federal regular military service under United States Code, title 10, section 505, and who are not more than 45 years of age; provided, that the governor may, when the governor deems it necessary for the defense of the state, extend the maximum age for militia service to not more than 64 years; and

(2) persons who enlist in, are commissioned in, or are otherwise appointed to the Minnesota national guard in accordance with applicable federal law and regulation, including enlisted members, warrant officers, and commissioned officers.

Sec. 85. Minnesota Statutes 2000, section 190.07, is amended to read:

190.07 [APPOINTMENT; QUALIFICATIONS; RANK.]

There shall be an adjutant general of the state who shall be appointed by the governor. The adjutant general shall be a staff officer, who at the time of appointment shall be a commissioned officer of the national guard of this state,

with not less than ten years military service in the armed forces national guard of this state or the armed forces of the United States, at least three of which shall have been commissioned and who shall have reached the grade of a field officer.

The adjutant general shall hold at least the rank of major general and may be promoted to and including the highest rank authorized under federal law. However, the adjutant general shall may not be appointed promoted to the rank of major general without having at least 20 years service in the Minnesota national guard, at least one of which one year has been in the rank of brigadier general.

The term of the adjutant general is seven years from the date of appointment. Section 15.06, subdivisions 3, 4, and 5, governs filling of vacancies in the office of adjutant general. The adjutant general shall not be removed from office during a term except upon withdrawal of federal recognition or as otherwise provided by the military laws of this state.

Sec. 86. Minnesota Statutes 2000, section 193.144, subdivision 6, is amended to read:

Subd. 6. [DISPOSAL OF UNUSED SITE.] In case any land acquired for armory site purposes hereunder has been donated to such corporation or to the state of Minnesota by such county or municipality or by other governmental agency except the state, and in case such land or any part thereof shall thereafter not be used for armory purposes for a continuous period of more than ten years, not including the period of any war or other emergency in which the armed forces of the state may be engaged, the county or municipality may provide written notice to the adjutant general and, if the property is not used for armory purposes within one year from the notice, the adjutant general shall reconvey the property to the donor county or municipality. The adjutant general may reconvey the property in less than ten years, if the adjutant general determines that the corporation or the state has no further interest in the property.

Sec. 87. Minnesota Statutes 2000, section 193.145, subdivision 4, is amended to read:

Subd. 4. [PAYMENTS BY ADJUTANT GENERAL.] Whether or not bonds are issued, the adjutant general is hereby authorized to pay to such corporation, out of any moneys which may from time to time be appropriated to and for the military department and not appropriated or set apart for any other specific purpose, the sum of not less than $3,000 per year for each unit of the national guard quartered in such armory when only one such unit is so quartered, and the sum of not less than $2,000 per year for each additional unit when more than one such unit is so quartered, and may bind the office of the adjutant general, both currently and in the future, by agreement to such corporation to make such payments in a specific amount or amounts out of such appropriations for a period of not more than 40 years.

Sec. 88. Minnesota Statutes 2000, section 193.148, is amended to read:

193.148 [CONVEYANCE TO STATE.]

When payment has been made of all indebtedness incurred by such corporation or of all funds spent by the corporation incident to the procurement, erection, equipment, and operation of any armory built under the provisions of sections 193.141 to 193.149, including the payment in full of the principal and interest of all bonds issued by such corporation to cover the cost of such armory or the full repayment of any commission funds expended for the construction of such armory, such corporation shall transfer and convey such armory building and the site thereof to the state of Minnesota, for military purposes, to be administered as are other state-owned armories.

Any unencumbered balance then held by the commission accruing to such armory shall be retained to be applied to the future maintenance, repair, and equipment of armories.

Sec. 89. Minnesota Statutes 2000, section 197.75, subdivision 1, is amended to read:

Subdivision 1. [BENEFITS; ELIGIBILITY.] The commissioner of veterans affairs shall spend a biennial appropriation for tuition of veterans, and for tuition, fees, board, room, books and supplies of the children of veterans who have died as a result of their service in the armed forces of the United States as determined by the United States

Veterans Administration or other instrumentality of the United States, in the University of Minnesota, a state university, a community college, a technical college, or any other university of higher learning within the state accredited by the North Central Association of Colleges and Secondary Schools, a law college approved by the supreme court, a nursing school approved by the state board of nursing, or in a trade, business, or vocational school in the state approved by the state department of children, families, and learning, or in a theological seminary, for any course which such veteran or child may elect. Not more than $350 $750 shall be expended for the benefit of any individual veteran, and not more than $350 $750 in any fiscal year shall be expended for the benefit of any child under this section, and the need for the benefit shall be established and determined by the commissioner of veterans affairs. No child of any veteran shall make application for the benefits provided in this section unless the child resided in Minnesota for at least two years immediately prior to the date of the application. Children of veterans eligible for benefits according to this section shall be admitted to state institutions of university grade free of tuition until they receive a bachelors or equivalent degree. Payments of benefits shall be made directly to the institution in which the course of instruction is given or to the individual on forms prescribed by the commissioner.

Sec. 90. Minnesota Statutes 2000, section 197.75, subdivision 2, is amended to read:

Subd. 2. [LIMITATIONS.] The benefits in subdivision 1 are not available to a veteran who is entitled to the same or similar benefits under a law or regulation of the United States, with the exceptions in paragraphs (a) and (b).

(a) except that a veteran who has been eligible for and has used up the benefits the veteran is entitled to under the laws of the United States is entitled to the benefits provided for by subdivision 1.

(b) A veteran who has had less than ten years of eligibility for educational assistance under federal law because of the December 31, 1989, delimiting date and who has lost more than four months of that eligibility is entitled to the benefits provided for by subdivision 1.

Sec. 91. Minnesota Statutes 2000, section 240A.08, is amended to read:

240A.08 [APPROPRIATION.]

(a) $750,000 is appropriated annually from the general fund to the Minnesota amateur sports commission for the purpose of entering into long-term leases, use, or other agreements with the metropolitan sports facilities commission for the conduct of amateur sports activities at the basketball and hockey arena, consistent with the purposes set forth in this chapter, including (1) stimulating and promoting amateur sports, (2) promoting physical fitness by promoting participation in sports, (3) promoting the development of recreational amateur sport opportunities and activities, and (4) promoting local, regional, national, and international amateur sport competitions and events. The amateur sports commission shall determine what constitutes amateur sports activities as provided in this chapter as of March 1, 1995. The metropolitan sports facilities commission may allocate at least 25 but no more than 50 dates a year for the conduct of amateur sports activities at the basketball and hockey arena by the amateur sports commission. At least 12 of the dates must be on a Friday, Saturday, or Sunday. The amateur sports commission may sell a date at the arena to another group for any purpose. Revenue from sale of these dates is appropriated to the amateur sports commission for purposes listed in section 240A.04. If any amateur sports activities conducted by the amateur sports commission at the basketball and hockey arena are restricted to participants of one gender, an equal number of activities on comparable days of the week must be conducted for participants of the other gender, but not necessarily in the same year. The legislature reserves the right to repeal or amend this appropriation, and does not intend this appropriation to create public debt.

(b) The amateur sports commission shall not transmit to the operator of the basketball and hockey arena payment of any event-related costs or expenses, including, but not limited to, personnel, labor, services, equipment, utilities, or supplies attributable to the events unless and until the operator has demonstrated, to the satisfaction of the amateur sports commission, the basis for each specific cost or expense and the means by which the costs and expenses were determined. 

(c) The amateur sports commission may use any ticket system as may be in place from time to time at the basketball and hockey arena, provided that any royalty or rebate fees or charges or surcharges on tickets received by the operator of the arena from third parties must be credited against event-related costs or expenses.

(d) In the establishment of event-related costs to be imposed upon the amateur sports commission, the operator of the basketball and hockey arena shall provide the amateur sports commission with the maximum discount that the operator has supplied to any other sponsor of a similar amateur sports event in the arena within the 180-day period immediately preceding the date of the amateur sports commission event.

(e) The amateur sports commission must report by August 1 each year to the chairs of the house and senate state government finance divisions on compliance with this section and on the total value of dates and ancillary services, and revenue derived from resale of dates, during the previous state fiscal year.

(f) The attorney general, on behalf of the amateur sports commission, must pursue collection of monetary damages from the operator of the arena if the operator fails to comply with the requirements of this section.

(g) The books, records, documents, accounting procedures, and practices of the metropolitan sports facilities commission, the Minneapolis community development agency, and any corporation with which the Minnesota amateur sports commission may contract for use of the basketball and hockey arena are available for review by the Minnesota amateur sports commission, the legislative auditor, and the chairs of the state government finance divisions of the senate and the house of representatives, subject to chapter 13 and section 473.598, subdivision 4 to provide grants for soccer field development under section 240A.13. This section expires July 1, 2003.

Sec. 92. [240A.13] [SOCCER FIELD DEVELOPMENT.]

Subdivision 1. [GRANTS.] The commission may make matching grants to political subdivisions of the state to develop new soccer fields for amateur athletics. In awarding grants, the commission shall give priority to proposals from multiple applicants. To the extent possible, over time, the commission shall disperse grants equally among the state's congressional districts.

Subd. 2. [MATCHING CRITERIA.] Each grant for soccer field development under this section must be matched by recipient communities or institutions in accordance with this subdivision. A matching contribution may include an in-kind contribution of land; access roadways and access roadway improvements; and necessary utility services, landscaping, and parking. The first $20,000 of a grant must be matched equally by the recipient. The portion of a grant that is more than $20,000 but not more than $75,000 must be matched by the recipient at a rate double the amount of that portion of the grant. The portion of a grant that is more than $75,000 must be matched by the recipient at a rate of three times the amount of that portion of the grant.

Sec. 93. Minnesota Statutes 2000, section 317A.123, subdivision 1, is amended to read:

Subdivision 1. [STATEMENT.] A corporation may change its registered office, designate or change its registered agent, or state a change in the name of its registered agent, by filing with the secretary of state a statement containing:

(1) the name of the corporation;

(2) if the address of its registered office is to be changed, the new address of its registered office;

(3) if its registered agent is to be designated or changed, the name of its new registered agent;

(4) if the name of its registered agent is to be changed, the name of its registered agent as changed;

(5) a statement that the address of its registered office and the address of the office of its registered agent, as changed, will be identical; and 

(6) a statement that the change of registered office or registered agent was authorized by resolution approved by the board.

The statement need not be accompanied by a filing fee if the statement is being filed only to change the address of the registered office.

[EFFECTIVE DATE.] This section is effective July 1, 2002.

Sec. 94. Minnesota Statutes 2000, section 317A.827, subdivision 2, is amended to read:

Subd. 2. [REINSTATEMENT.] A corporation dissolved under section 317A.823 may retroactively reinstate its corporate existence by filing a single annual registration and paying a $25 fee. Filing the annual registration with the secretary of state:

(1) returns the corporation to active status as of the date of the dissolution;

(2) validates contracts or other acts within the authority of the articles, and the corporation is liable for those contracts or acts; and

(3) restores to the corporation all assets and rights of the corporation and its members to the extent they were held by the corporation and its members before the dissolution occurred, except to the extent that assets or rights were affected by acts occurring after the dissolution or sold or otherwise distributed after that time.

[EFFECTIVE DATE.] This section is effective the day following final enactment.

Sec. 95. Minnesota Statutes 2000, section 394.232, subdivision 1, is amended to read:

Subdivision 1. [GENERAL.] Each county is encouraged to prepare and implement a community-based comprehensive sustainable land use plan. A community-based comprehensive plan is a comprehensive plan that is consistent with the goals of community-based sustainable land use planning in section 4A.08.

Sec. 96. Minnesota Statutes 2000, section 394.232, is amended by adding a subdivision to read:

Subd. 1a. [RESIDENT PARTICIPATION.] Each county is encouraged to develop a planning process with broad resident participation that is early and continuous in order to build local capacity to plan for sustainable development and to benefit from the insights, knowledge, and support of local residents.

Sec. 97. Minnesota Statutes 2000, section 394.232, subdivision 2, is amended to read:

Subd. 2. [NOTICE AND PARTICIPATION.] Notice must be given at the beginning of the community-based comprehensive sustainable planning process to the office of strategic and long-range planning, the department of natural resources, the department of agriculture, the department of trade and economic development, the board of water and soil resources, the pollution control agency, the department of transportation, local government units, and local citizens to actively participate in the development of the plan. An agency that is invited to participate in the development of a local plan but declines to do so and fails to participate or to provide written comments during the plan development process waives the right during the office's review and comment period to submit comments, except for comments concerning consistency of the plan with laws and rules administered by the agency. In determining the merit of the agency comment, the office shall consider the involvement of the agency in the development of the plan. The office of strategic and long-range planning, after consulting with the county, shall notify other state agencies about the county's planning process and coordinate their participation. Agencies are not required to participate but are expected to provide information as requested by local officials and the office of strategic and long-range planning. Agencies may also comment on the plan as it is being developed. 

Sec. 98. Minnesota Statutes 2000, section 394.232, subdivision 3, is amended to read:

Subd. 3. [COORDINATION.] A county that prepares a community-based comprehensive sustainable plan shall coordinate should ensure that its plan is developed in coordination with the plans of its neighbors and its constituent municipalities and towns in order both to prevent its plan from having an adverse impact on other jurisdictions and to complement plans of other jurisdictions. The county's community-based comprehensive plan must should incorporate the community-based comprehensive plan of any municipality or town in the county prepared in accordance with section 462.3535. A county may incorporate a municipal or town community-based comprehensive plan by reference.

Sec. 99. Minnesota Statutes 2000, section 394.232, subdivision 4, is amended to read:

Subd. 4. [LIMITED JOINT PLANNING.] Under the joint exercise of powers provisions in section 471.59, a county may establish a joint planning district with other counties, municipalities, and towns, that are geographically contiguous, to adopt a single community-based comprehensive plan for the purpose of developing and implementing multiple sustainable land use plans for the district. The county may not delegate its authority to adopt official controls under this chapter to the board of the joint planning district.

Sec. 100. Minnesota Statutes 2000, section 394.232, subdivision 5, is amended to read:

Subd. 5. [REVIEW AND COMMENT.] (a) For the purpose of determining whether the plan conflicts with state laws and rules, the county or joint planning district shall submit its community-based comprehensive sustainable land use plan to the office of strategic and long-range planning for review of the extent to which the plan promotes local citizen participation, promotes cooperation among adjacent communities, and and comment. The office shall also comment on the extent to which the plan demonstrates consideration of the community-based planning goals in section 4A.08. The office has 60 days after submittal to comment on the plan.

(b) The office may not disapprove a community-based comprehensive plan if the office determines that the plan promotes local citizen participation, promotes cooperation among adjacent communities, and demonstrates consideration of the community-based planning goals in section 4A.08.

(c) If the office disagrees with a community-based comprehensive finds that the plan or any elements of the plan are in conflict with state laws or rules or the goals in section 4A.08, the office shall notify the county or district of these findings in writing of how the plan specifically fails to address the goals of community-based planning. The findings are advisory only and must not be used as a basis for providing or refusing to provide any state aids. Upon receipt of the office's written comments, the county or district has 120 days to revise amend the community-based comprehensive plan and resubmit it to the office for reconsideration. The county may state in writing any disagreements with the findings.

(d) If the county or district refuses to revise the plan or the office disagrees with the revised plan, the office shall within 60 days notify the county or district that it wishes to initiate the dispute resolution process in chapter 572A.

(e) Within 60 days of notice from the office, the county or joint planning district shall notify the office of its intent to enter the dispute resolution process. If the county or district refuses to enter the dispute resolution process, the county or district is ineligible for any future grant disbursements related to community-based planning activities through the office.

(f) Priority for other state grants, loans, and other discretionary spending must not be given to local units of government based on their participation in community-based planning.

Sec. 101. Minnesota Statutes 2000, section 394.232, subdivision 7, is amended to read:

Subd. 7. [NO MANDAMUS PROCEEDING.] A mandamus proceeding may not be instituted against a county under this section to require the county to conform its community-based comprehensive land use plan to be consistent with the community-based planning goals in section 4A.08. 

Sec. 102. Minnesota Statutes 2000, section 403.11, subdivision 1, is amended to read:

Subdivision 1. [EMERGENCY TELEPHONE SERVICE FEE.] (a) Each customer of a telephone company or communications carrier that provides service capable of originating a 911 emergency telephone call is assessed a fee to cover the costs of ongoing maintenance and related improvements for trunking and central office switching equipment for minimum 911 emergency telephone service, plus administrative and staffing costs of the department of administration related to managing the 911 emergency telephone service program. Recurring charges by a public utility providing telephone service for updating the information required by section 403.07, subdivision 3, must be paid by the commissioner of administration if the utility is included in an approved 911 plan and the charges have been certified and approved under subdivision 3. The commissioner of administration shall transfer an amount equal to two cents a month from the fee assessed under this section on cellular and other nonwire access services to the commissioner of public safety for the purpose of offsetting the costs, including administrative and staffing costs, incurred by the state patrol division of the department of public safety in handling 911 emergency calls made from cellular phones. Money remaining in the 911 emergency telephone service account after all other obligations are paid must not cancel and is carried forward to subsequent years and may be appropriated from time to time to the commissioner of administration to provide financial assistance to counties for the improvement of local emergency telephone services. The improvements may include providing access to minimum 911 service for telephone service subscribers currently without access and upgrading existing 911 service to include automatic number identification, local location identification, automatic location identification, and other improvements specified in revised county 911 plans approved by the department.

(b) The fee may not be less than eight cents nor more than 30 is 27 cents a month for each customer access line or other basic access service, including trunk equivalents as designated by the public utilities commission for access charge purposes and including cellular and other nonwire access services. The fee must be the same for all customers.

(c) The fee must be collected by each company or carrier providing service subject to the fee. Fees are payable to and must be submitted to the commissioner of administration monthly before the 25th of each month following the month of collection, except that fees may be submitted quarterly if less than $250 a month is due, or annually if less than $25 a month is due. Receipts must be deposited in the state treasury and credited to a 911 emergency telephone service account in the special revenue fund. The money in the account may only be used for 911 telephone services as provided in paragraph (a).

(d) The commissioner of administration, with the approval of the commissioner of finance, shall establish the amount of the fee within the limits specified and inform the companies and carriers of the amount to be collected. Companies and carriers must be given a minimum of 45 days' notice of fee changes.

(e) This subdivision does not apply to customers of a telecommunications carrier as defined in section 237.01, subdivision 6.

Sec. 103. Minnesota Statutes 2000, section 462.351, is amended to read:

462.351 [MUNICIPAL PLANNING AND DEVELOPMENT; STATEMENT OF POLICY.]

The legislature finds that municipalities are faced with mounting problems in providing means of guiding future development of land so as to insure a safer, more pleasant and more economical environment for residential, commercial, industrial and public activities, to preserve are best served when land uses decisions are locally controlled, and when such plans avoid inflexible, centrally directed land use restrictions and mandates that may result in unforeseen consequences. The preservation of agricultural and other open lands, and to promote the is best accomplished by private means. Government ownership should, to the greatest extent possible, be limited to the protection of public health, safety, and general welfare. Municipalities can prepare for anticipated changes and by such preparations bring about significant savings in both private and public expenditures. Municipal planning, by providing public guides to future municipal action, enables other public and private agencies to plan their activities in harmony with the municipality's plans. Municipal planning will assist in developing lands more wisely to serve

citizens more effectively, remaining flexible and adaptable to freely functioning land markets, will make the provision of public services less costly, and will achieve a more secure tax base. It is the purpose of sections 462.351 to 462.364 to provide municipalities, in a single body of law, with the necessary powers and a uniform procedure for adequately conducting and implementing municipal planning.

Sec. 104. Minnesota Statutes 2000, section 462.352, subdivision 5, is amended to read:

Subd. 5. [COMPREHENSIVE MUNICIPAL PLAN.] "Comprehensive municipal plan" means a compilation of policy statements, goals, standards, and maps for guiding the physical, social and economic development, both private and public, of the municipality and its environs, including air space and subsurface areas necessary for mined underground space development pursuant to sections 469.135 to 469.141, and. Comprehensive municipal plans may include, but is not limited to, the following: statements of policies, goals, standards, a land use plan, including proposed densities for development, a community facilities plan, a transportation plan, and recommendations for plan execution. A comprehensive plan represents the planning agency's recommendations for the future development of the community.

Sec. 105. Minnesota Statutes 2000, section 462.352, subdivision 6, is amended to read:

Subd. 6. [LAND USE PLAN.] "Land use plan" means a compilation of policy statements, goals, standards, and maps, and action programs for guiding the future development of private and public property. The term includes plan must include clear procedures to allow members of the public to initiate a procedure to amend the plan, a plan designating types of uses for the entire municipality as well as a specialized plan showing specific areas or specific types of land uses, such as residential, commercial, industrial, public or semipublic uses or any combination of such uses. A land use plan may also include the proposed densities for development.

Sec. 106. Minnesota Statutes 2000, section 462.3535, subdivision 1, is amended to read:

Subdivision 1. [GENERAL.] Each municipality is encouraged to prepare and implement a community-based comprehensive municipal plan. A community-based comprehensive municipal plan is a comprehensive plan that is consistent with the goals of community-based planning in section 4A.08.

Sec. 107. Minnesota Statutes 2000, section 462.3535, subdivision 2, is amended to read:

Subd. 2. [COORDINATION.] A municipality that prepares a community-based comprehensive municipal plan that is consistent with the goals in section 4A.08 shall coordinate its plan with the plans, if any, of provide a copy of its plan to the county and the municipality's neighbors both in order to prevent the plan from having an determine if implementation of the plan will result in any clear adverse impact impacts on other jurisdictions and to complement the plans of other jurisdictions. The municipality shall prepare its plan to be incorporated into the county's community-based comprehensive plan, if the county is preparing or has prepared one, and shall otherwise assist and cooperate with the county in its community-based planning.

Sec. 108. Minnesota Statutes 2000, section 462.3535, subdivision 3, is amended to read:

Subd. 3. [LIMITED JOINT PLANNING.] Under the joint exercise of powers provisions in section 471.59, a municipality may establish a joint planning district with other municipalities or counties that are geographically contiguous, to adopt a single community-based comprehensive plan for the district for the purpose of jointly developing complementary land use plans that are consistent with section 4A.08. The purpose of joint planning is to develop separate plans that are unique to each municipality, but are not substantially in conflict. A municipality may not delegate its authority to adopt official controls under sections 462.351 to 462.364, to the board of the joint planning district. 

Sec. 109. Minnesota Statutes 2000, section 462.3535, subdivision 4, is amended to read:

Subd. 4. [CITIES; URBAN GROWTH AREAS.] (a) The community-based comprehensive municipal plan for a statutory or home rule charter city, and official controls to implement the plan, must at a minimum, address any urban growth area identified in a county plan and may establish an urban growth area for the urbanized and urbanizing area. The city plan must establish a staged process for boundary adjustment to include the urbanized or urbanizing area within corporate limits as the urban growth area is developed and provided extending municipal services to surrounding areas.

(b) Within the urban growth area, the plan must provide for the staged provision of urban services, including, Such services include, but are not limited to, water, wastewater collection and treatment, and transportation.

Sec. 110. Minnesota Statutes 2000, section 462.3535, subdivision 10, is amended to read:

Subd. 10. [NO MANDAMUS PROCEEDING.] A mandamus proceeding may not be instituted against a municipality under this section to require the municipality to conform its community-based comprehensive land use plan to be consistent with the community-based planning goals in section 4A.08.

Sec. 111. Minnesota Statutes 2000, section 473.13, is amended by adding a subdivision to read:

Subd. 1b. [REPORT ON CONSULTANTS.] The annual budget must list by contract or project, expenditures for consultants and professional, technical, and other similar services for the preceding fiscal year and those proposed or anticipated in the next year. The council shall consult with the state auditor and the legislative auditor on how to coherently and effectively communicate in the budget information on professional services contracts, including a detailed description of the (1) methods the council used to obtain consultant services, (2) criteria used by the council to award the contract, (3) number of consultants who sought the contract, (4) total cost of the contract, (5) duration of the contract, (6) source of the funds used to pay for the contract.

Sec. 112. Minnesota Statutes 2000, section 473.1455, is amended to read:

473.1455 [METROPOLITAN DEVELOPMENT GUIDE GOALS.]

The metropolitan council shall amend the metropolitan development guide, as necessary, to reflect and implement the community-based planning goals in section 4A.08. The office of strategic and long-range planning shall review and comment on the metropolitan development guide. The council may not approve local comprehensive plans or plan amendments after July 1, 1999, until the metropolitan council has received and considered responded in writing to the comments of the office of strategic and long-range planning.

Sec. 113. [473.246] [LEGISLATIVE COMMISSION ON METROPOLITAN GOVERNMENT; REVIEW.]

The metropolitan council shall submit to the legislative commission on metropolitan government information on the council's tax rates and dollar amounts levied for the current year, proposed property tax rates and levies, operating and capital budgets, work program, capital improvement program, and any other information requested by the commission, for review by the legislative commission, as provided in section 3.99.

Sec. 114. Minnesota Statutes 2000, section 517.08, subdivision 1b, is amended to read:

Subd. 1b. [TERM OF LICENSE; FEE; PREMARITAL EDUCATION.] (a) The court administrator shall examine upon oath the party applying for a license relative to the legality of the contemplated marriage. If at the expiration of a five-day period, on being satisfied that there is no legal impediment to it, including the restriction contained in section 259.13, the court administrator shall issue the license, containing the full names of the parties before and after marriage, and county and state of residence, with the district court seal attached, and make a record of the date of issuance. The license shall be valid for a period of six months. In case of emergency or extraordinary circumstances, a judge of the district court of the county in which the application is made, may authorize the license

to be issued at any time before the expiration of the five days. Except as provided in paragraph (b), the court administrator shall collect from the applicant a fee of $70 for administering the oath, issuing, recording, and filing all papers required, and preparing and transmitting to the state registrar of vital statistics the reports of marriage required by this section. If the license should not be used within the period of six months due to illness or other extenuating circumstances, it may be surrendered to the court administrator for cancellation, and in that case a new license shall issue upon request of the parties of the original license without fee. A court administrator who knowingly issues or signs a marriage license in any manner other than as provided in this section shall pay to the parties aggrieved an amount not to exceed $1,000.

(b) The marriage license fee for parties who have completed at least 12 hours of premarital education is $20. In order to qualify for the reduced fee, the parties must submit a signed and dated statement from the person who provided the premarital education confirming that it was received. The premarital education must be provided by a licensed or ordained minister or the minister's designee, a person authorized to solemnize marriages under section 517.18, or a person authorized to practice marriage and family therapy under section 148B.33. The education must include the use of a premarital inventory and the teaching of communication and conflict management skills.

(c) The statement from the person who provided the premarital education under paragraph (b) must be in the following form:

"I, (name of educator), confirm that (names of both parties) received at least 12 hours of premarital education that included the use of a premarital inventory and the teaching of communication and conflict management skills. I am a licensed or ordained minister, a person authorized to solemnize marriages under Minnesota Statutes, section 517.18, or a person licensed to practice marriage and family therapy under Minnesota Statutes, section 148B.33."

The names of the parties in the educator's statement must be identical to the legal names of the parties as they appear in the marriage license application. Notwithstanding section 138.17, the educator's statement must be retained for seven years, after which time it may be destroyed.

(b) (d) If section 259.13 applies to the request for a marriage license, the court administrator shall grant the marriage license without the requested name change. Alternatively, the court administrator may delay the granting of the marriage license until the party with the conviction:

(1) certifies under oath that 30 days have passed since service of the notice for a name change upon the prosecuting authority and, if applicable, the attorney general and no objection has been filed under section 259.13; or

(2) provides a certified copy of the court order granting it. The parties seeking the marriage license shall have the right to choose to have the license granted without the name change or to delay its granting pending further action on the name change request.

Sec. 115. Minnesota Statutes 2000, section 517.08, subdivision 1c, is amended to read:

Subd. 1c. [DISPOSITION OF LICENSE FEE.] (a) Of the marriage license fee collected pursuant to subdivision 1b, paragraph (a), $15 must be retained by the county. The court administrator shall must pay $55 to the state treasurer to be deposited as follows:

(1) $50 in the general fund;

(2) $3 in the special revenue fund to be appropriated to the commissioner of children, families, and learning for supervised parenting time facilities under section 119A.37; and

(3) $2 in the special revenue fund to be appropriated to the commissioner of health for developing and implementing the MN ENABL program under section 145.9255. 

(b) Of the $20 fee under subdivision 1b, paragraph (b), $15 must be retained by the county. The state court administrator must pay $5 to the state treasurer to be distributed as provided in paragraph (a), clauses (2) and (3).

Sec. 116. Minnesota Statutes 2000, section 645.44, is amended by adding a subdivision to read:

Subd. 15a. [MUST.] "Must" is mandatory.

Sec. 117. Laws 1998, chapter 366, section 80, is amended to read:

Sec. 80. [SETTLEMENT DIVISION; TRANSFER OF JUDGES.]

The office of administrative hearings shall establish a settlement division. The workers' compensation judges at the department of labor and industry, together with their support staff, offices, furnishings, equipment, and supplies, are transferred to the settlement division of the office of administrative hearings. Minnesota Statutes, section 15.039, applies to the transfer of employees. The settlement division of the office of administrative hearings shall maintain offices in the cities of St. Paul, Duluth, and Detroit Lakes. The office of a judge in the settlement division of the office of administrative hearings and the support staff of the judge may be located in a building that contains offices of the department of labor and industry. The seniority of a workers' compensation judge at the office of administrative hearings, after the transfer, shall be based on the total length of service as a judge at either agency. For purposes of the commissioner's plan under Minnesota Statutes, section 43A.18, subdivision 2, all compensation judges at the office of administrative hearings shall be considered to be in the same employment condition, the same organizational unit and qualified for work in either division.

Sec. 118. Laws 1998, chapter 404, section 23, subdivision 6, is amended to read:

Subd. 6. St. Paul RiverCentre Arena 65,000,000

This appropriation is from the general fund to the commissioner of finance for a loan to the city of St. Paul to demolish the existing St. Paul RiverCentre Arena and to design, construct, furnish, and equip a new arena. This appropriation is not available until the lessee to whom the city has leased the arena has agreed to make rental or other payments to the city under the terms set forth in this subdivision. The loan is repayable solely from and secured by the payments made to the city by the lessee. The loan is not a public debt and the full faith, credit, and taxing powers of the city are not pledged for its repayment.

(a) $48,000,000 of the loan must be repaid to the commissioner, without interest, within 20 years from the date of substantial completion of the arena in accordance with the following schedule:

(1) no repayments are due in the first two years from the date of substantial completion;

(2) in each of the years three to five, the lessee must pay $1,250,000;

(3) in each of the years six to ten, the lessee must pay $1,500,000;

(4) in each of the years 11 to 13, the lessee must pay $2,000,000;

(5) in year 14, the lessee must pay $3,000,000; 

(6) in year 15, the lessee must pay $4,000,000; and

(7) in each of the years 16 to 20, the lessee must pay $4,750,000.

(b) The commissioner must deposit the repayments in the state treasury and credit them to the youth activities account, which is hereby created in the special revenue fund. Money in the youth activities account is available for expenditure as appropriated by law general fund.

(c) The loan may not be made until the commissioner has entered into an agreement with the city of St. Paul identifying the rental or other payments that will be made and establishing the dates on and the amounts in which the payments will be made to the city and by the city to the commissioner. The payments may include operating revenues and additional payments to be made by the lessee under agreements to be negotiated between the commissioner, the city, and the lessee. Those agreements may include, but are not limited to, an agreement whereby the lessee pledges to provide each year a letter of credit sufficient to guarantee the payment of the amount due for the next succeeding year; an agreement whereby the lessee agrees to maintain a net worth, certified each year by a financial institution or accounting firm satisfactory to the commissioner, that is greater than the balance due under the payment schedule in paragraph (a); and any other agreements the commissioner may deem necessary to ensure that the payments are made as scheduled.

(d) The agreements must provide that the failure of the lessee to make a payment due to the city under the agreement is an event of default under the lease between the city and the lessee and that the state is entitled to enforce the remedies of the lessor under the lease in the event of default. Those remedies must include, but need not be limited to, the obligation of the lessee to pay the balance due for the remainder of the payment schedule in the event the lessee ceases to operate a National Hockey League team in the arena.

(e) By January 1, 1999, the commissioner shall report to the chair of the senate committee on state government finance and the chair of the house committee on ways and means the terms of an agreement between the lessee and the amateur sports commission whereby the lessee agrees to make the facilities of the arena available to the commission on terms satisfactory to the commission for amateur sports activities consistent with the purposes of Minnesota Statutes, chapter 240A, each year during the time the loan is outstanding. The amateur sports commission must negotiate in good faith and may be required to pay no more than actual out-of-pocket expenses for the time it uses the arena. The agreement may not become effective before February 1, 1999. During any calendar year after 1999 that an agreement under this paragraph is not in effect and a payment is due under the schedule, the lessee must pay to the commissioner a penalty of $750,000 for that year. If the amateur sports commission has not negotiated in good faith, no penalty is due. 

Sec. 119. Laws 1999, chapter 250, article 1, section 115, is amended to read:

Sec. 115. [REPEALER.]

(a) Minnesota Rules, part 8275.0045, subpart 2, is repealed.

(b) Minnesota Statutes 1998, sections 15.90; 15.91; 15.92; 16A.103, subdivision 3; 16E.11; 16E.12; and 16E.13, are repealed.

(c) Laws 1991, chapter 235, article 5, section 3, as amended by Laws 1995, chapter 254, article 1, section 91, is repealed.

(d) Minnesota Statutes 1998, section 16A.1285, subdivisions 4 and 5, are repealed.

(e) Minnesota Statutes 1998, sections 207A.01; 207A.02; 207A.03; 207A.04; 207A.06; 207A.07; 207A.08; 207A.09; and 207A.10, are repealed.

(f) S. F. No. 2223 of the 1999 regular session, if enacted, is repealed.

(g) Minnesota Statutes 1998, sections 4A.08; 4A.09; and 4A.10, are repealed.

Sec. 120. Laws 1999, chapter 250, article 1, section 116, is amended to read:

Sec. 116. [EFFECTIVE DATE.]

(a) Section 41 is effective January 1, 2001. Section 43 is effective July 1, 2000, with respect to preparation of the model policies and procedures by the commissioner of administration, and January 1, 2001, with respect to the other provisions of section 43.

(b) Sections 62 to 64 and 93 are effective January 1, 2001.

(c) Sections 94 to 100 are effective the day following final enactment.

(d) Sections 47, 49, 55, and 115, paragraphs paragraph (d) and (g), are effective July 1, 2001.

(e) Section 61 is effective the day following final enactment and applies only to contracts executed on or after that date.

(f) The commissioner of employee relations may not implement the long-term care insurance plan under section 78 until April 1, 2000.

Sec. 121. [APPLICATION.]

Sections 111 and 113 apply in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

Sec. 122. [REQUEST FOR PROPOSAL; INTERTECHNOLOGIES SERVICES.]

By January 1, 2002, the commissioner of administration must issue one or more requests for proposals covering all services currently provided by the intertechnologies group in the department of administration. Current state employees, as well as outside vendors, may respond to the request for proposals. Based on the requests, the commissioner must enter into a contract to provide services covered by the requests for proposals for the period beginning July 1, 2002. 

Sec. 123. [URBAN RIVERS GUIDELINES.]

The office of strategic and long-range planning, in consultation with appropriate and affected parties, must prepare guidelines for sustainable development along the central business districts of rivers in urban areas of the state. The office must:

(1) evaluate existing state and municipal laws;

(2) review federal legislation affecting urban rivers; and

(3) identify the technical and administrative procedures to guide urban river development.

The draft guidelines must be made available to the environmental and economic development policy committees of the legislature, and to interested parties, by January 15, 2002.

Sec. 124. [INITIAL BOARD.]

The initial board of Northern Technology, Inc. consists of the president of Pine Technical College and one member of each of the governing bodies of Carlton, Chisago, Isanti, Kanabec, and Pine counties, appointed by the governing bodies. Members of the initial board must be appointed within 30 days of the effective date of this act and must adopt bylaws within 30 days of the appointment of the last board member appointed under this section. Any additional board members required under the bylaws or Minnesota Statutes, section 116T.02, subdivision 3, must take office or be appointed within 30 days after the adoption of bylaws under this section.

Sec. 125. [CAPITOL CAFETERIA; WINE AND BEER LICENSE.]

Notwithstanding Minnesota Statutes, section 340A.412, subdivision 4, paragraph (a), clause (2), the city of St. Paul may issue an on-sale wine and beer license under Minnesota Statutes, section 340A.404, subdivision 5, for the premises in the state capitol building known as the capitol cafeteria. All provisions of Minnesota Statutes, chapter 340A, not inconsistent herewith, apply to the licenses authorized under this section.

[EFFECTIVE DATE.] This section is effective on approval by the St. Paul city council and compliance with Minnesota Statutes, section 645.021.

Sec. 126. [MINNEAPOLIS PARK AND RECREATION BOARD.]

The Minneapolis park and recreation board may solicit bids for and may lease that portion of the property known as the Fuji Ya restaurant that was acquired but not used to construct the Great River Road project for the purpose of operating a commercial food or entertainment facility that is compatible and consistent with a location adjacent to the Mississippi river. If the park board leases the property for such purpose, the park board shall otherwise comply with the provisions of Minnesota Statutes, section 16A.695, and relevant orders of the commissioner of finance. Any funds derived from the state through lease payments will be deposited in the appropriate fund.

Sec. 127. [HIAWATHA AVENUE LIGHT RAIL TRANSIT COST CALCULATION.]

(a) The office of the legislative auditor shall prepare a complete accounting of all federal, state, and local costs relating to the Hiawatha avenue light rail transit line. The cost accounting must include:

(1) planning, environmental studies, and preliminary and final design and engineering for the project;

(2) construction and other capital costs of the light rail transit line when completed;

(3) improvements and repairs to and reconstruction of state and local streets and highways incurred and anticipated as a result of the project; 

(4) all costs of utility relocation resulting from the project;

(5) all costs incurred by the department of transportation with respect to public information and communications about the project;

(6) construction, acquisition, or lease of park-and-ride facilities that would serve project riders, including costs of relocating other public facilities to make room for those park-and-ride facilities;

(7) projected costs of connecting the Hiawatha avenue light rail transit line with commuter rail facilities;

(8) any costs necessitated by the project and included in the project budget for the reconstruction of marked trunk highway No. 55, to the extent not included under clause (3); and

(9) all public costs relating to the acquisition of real property for the line and for the purchase and development of real property adjacent to the project right-of-way.

(b) The legislative auditor shall submit an interim report of the cost accounting to the legislature by March 1, 2002, and shall submit a final report to the legislature by March 1, 2003.

Sec. 128. [PAY EQUITY STUDY.]

The commissioner of employee relations shall convene a work group to examine the practices and progress of the local government pay equity act. The commissioner must report the findings of the group to the legislature by January 15, 2002.

Sec. 129. [SHALL/MUST.]

The revisor of statutes, in consultation with the directors of house research and senate counsel and research, must report to the house of representatives and senate rules committees and the legislative coordinating commission by November 1, 2001, on a proposal to change "shall" to "must" in Minnesota Statutes.

Sec. 130. [LOCATING STATE AGENCIES.]

It is the policy of the Minnesota legislature to ensure that state government services are available to all people of our state.

Therefore, the office of strategic and long-range planning, in cooperation with the departments of administration and finance, shall develop criteria for the proper location of state agencies or parts of state agencies. The purpose of these criteria will be to evaluate the advantages and disadvantages of proposals to relocate and decentralize state services and facilities.

The office shall report its recommendations to the senate finance committee, senate capital investment committee, house ways and means committee, and house capital investment committee by January 15, 2002.

Sec. 131. [RENT ADJUSTMENTS.]

General fund appropriations in this act to state agencies for increased rent costs must be reduced by a total of $2,864,000. The commissioner of finance must allocate this reduction proportionately among agencies and reduce appropriations to the agencies accordingly.

Sec. 132. [RATIFICATIONS.]

Subdivision 1. [UNREPRESENTED MANAGERS; MINNESOTA STATE COLLEGES AND UNIVERSITIES.] The amendments to the plan for administrators of the Minnesota state colleges and universities, approved by the legislative coordinating commission subcommittee on employee relations on July 21, 2000, are ratified. 

Subd. 2. [SALARIES FOR HEADS OF STATE AGENCIES.] The proposal to increase the salaries of certain heads of state agencies, approved by the legislative coordinating commission subcommittee on employee relations on July 21, 2000, is ratified.

Subd. 3. [ENGINEERS.] The arbitration award and labor agreement between the state of Minnesota and the Minnesota government engineers council, approved by the legislative coordinating commission subcommittee on employee relations on September 8, 2000, are ratified.

Subd. 4. [SALARIES FOR CERTAIN HEADS OF STATE AGENCIES.] The proposals to increase the salaries of the directors of the state board of investment and the teachers retirement association, as approved by the legislative coordinating commission subcommittee on employee relations on September 8, 2000, are ratified.

Sec. 133. [REVISOR'S INSTRUCTION.]

The revisor of statutes shall renumber Minnesota Statutes, section 16B.88, as Minnesota Statutes, section 4.50.

Sec. 134. [TRANSFERS.]

The office of citizenship and volunteer services is transferred from the department of administration to the office of the governor according to Minnesota Statutes, section 15.039.

Sec. 135. [REPEALER.]

(a) Minnesota Statutes 2000, sections 3.9222; 8.31, subdivision 2c; 13.606, subdivision 2; 16B.37; 16B.58, subdivision 7; 129D.06; 394.232; 473.1455; 572A.01; and 572A.03, subdivision 2, are repealed.

(b) Minnesota Statutes 2000, sections 13.202, subdivision 8; 465.795; 465.796; 465.797; 465.7971; 465.798; 465.799; 465.801; 465.802; 465.803; 465.83; 465.87; and 465.88, are repealed.

(c) Minnesota Statutes 2000, sections 4A.07, subdivision 3; 462.352, subdivision 18; and 462.3535, subdivisions 5, 6, 7, 8, and 9, are repealed.

(d) Minnesota Statutes 2000, sections 16A.67; 16A.6701; and 246.18, subdivision 7, are repealed.

(e) Minnesota Statutes 2000, section 43A.18, subdivision 5, is repealed.

Sec. 136. [EFFECTIVE DATE.]

Sections 9 and 10 are effective January 1, 2002. Sections 27 to 31 are effective July 1, 2002. Sections 35, 54, 81, 119, and 120 are effective June 30, 2001. Sections 67 to 70 are effective the day following final enactment. Section 68 is a clarification of the law in effect before the effective date of section 68. Sections 13; 38; 39; 77; 78; 83; 132; and 135, paragraph (e), are effective the day following final enactment. Section 135, paragraph (d), is effective December 31, 2001.

ARTICLE 3

ELECTIONS

Section 1. Minnesota Statutes 2000, section 103C.311, subdivision 1, is amended to read:

Subdivision 1. [SUPERVISORS ELECTED AT LARGE.] (a) The district board, after the initial election has been held, shall, with the approval of the state board, divide a district into five supervisor districts for purposes of nomination for election. At each election after the division, one or more supervisors shall be nominated from each supervisor district. A supervisor must be a resident of the supervisor district to be elected. 

(b) If the boundary of a soil and water conservation district has been substantially changed by a division of the district, the district shall be divided into five supervisor districts for nomination purposes.

(c) This subdivision does not disqualify a supervisor during the term for which the supervisor was elected or nominated for election. Supervisors nominated from the supervisor districts shall be included on the ballot for election from the entire area included in the soil and water conservation district.

(d) A certified copy of the minutes or the resolution of the supervisors establishing supervisor districts must be promptly filed by the chair of the district board with the county auditor of the counties where the district is located and with the state board.

Sec. 2. [200.039] [PETITION REQUIREMENTS FOR BALLOT QUESTIONS.]

If a statute:

(1) provides that a ballot question may or must be placed on the ballot when a specified number of individuals have signed a petition, and

(2) specifies the number of individuals required under the statute as a percentage of the individuals who voted in a previous election,

the statute must be construed to mean that the petition must be signed by a number of current voters equal to the required percentage specified in the statute. The statute must not be construed to restrict the eligibility to sign the petition to only those individuals who were eligible to cast ballots or who did cast ballots in the previous election.

Sec. 3. Minnesota Statutes 2000, section 201.016, subdivision 1a, is amended to read:

Subd. 1a. [VIOLATIONS; PENALTY.] (a) The county auditor shall mail a violation notice to any voter who the county auditor can determine has voted in a precinct other than the precinct in which the voter maintains residence. The notice must be in the form provided by the secretary of state. The county auditor shall also change the status of the voter in the statewide registration system to "challenged" and the voter shall be required to provide proof of residence to either the county auditor or to the election judges in the voter's precinct before voting in the next election. Any of the forms authorized by section 201.061 for registration at the polling place may be used for this purpose.

(b) A voter who votes in a precinct other than the precinct in which the voter maintains residence after receiving an initial violation notice as provided in this subdivision is guilty of a petty misdemeanor. Any subsequent violation

(c) A voter who votes in a precinct other than the precinct in which the voter maintains residence after having been found to have committed a petty misdemeanor under paragraph (b) is guilty of a misdemeanor.

(d) A voter who votes in a precinct other than the precinct in which the voter maintains residence after having been convicted of a misdemeanor under paragraph (c), is guilty of a gross misdemeanor.

(e) Reliance by the voter on inaccurate information regarding the location of the voter's polling place provided by the state, a county, or municipality is an affirmative defense to a prosecution under this subdivision.

Sec. 4. Minnesota Statutes 2000, section 201.022, is amended to read:

201.022 [STATEWIDE REGISTRATION SYSTEM.]

Subdivision 1. [ESTABLISHMENT.] The secretary of state shall develop and implement maintain a statewide voter registration system to facilitate voter registration and to provide a central database containing voter registration information from around the state. The system must be accessible to the county auditor of each county in the state. 

Subd. 2. [RULES.] The secretary of state shall make permanent rules necessary to administer the system required in subdivision 1. The rules must at least:

(1) provide for voters to submit their registration to any county auditor, the secretary of state, or the department of public safety;

(2) provide for the establishment and maintenance of a central database for all voter registration information;

(3) provide procedures for entering data into the statewide registration system;

(4) provide for interaction with the computerized driver's license records of the department of public safety;

(5) allow the offices of all county auditors and the secretary of state to add, modify, and delete information from the system to provide for accurate and up-to-date records;

(6) allow the offices of all county auditors and the secretary of state's office to have access to the statewide registration system for review and search capabilities;

(7) provide security and protection of all information in the statewide registration system and to ensure that unauthorized entry is not allowed;

(8) provide a system for each county to identify the precinct to which a voter should be assigned for voting purposes; and

(9) prescribe a procedure for phasing in or converting existing computerized records to the statewide registration system;

(10) prescribe a procedure for the return of completed voter registration forms from the department of public safety to the secretary of state or the county auditor; and.

(11) provide alternate procedures, effective until December 31, 1990, for updating voter records and producing polling place rosters for counties. The secretary of state shall determine no later than June 1, 1990, whether these alternate procedures will be required.

Sec. 5. Minnesota Statutes 2000, section 201.061, subdivision 3, is amended to read:

Subd. 3. [ELECTION DAY REGISTRATION.] (a) An individual who is eligible to vote may register on election day by appearing in person at the polling place for the precinct in which the individual maintains residence, by completing a registration card, making an oath in the form prescribed by the secretary of state and providing proof of identification and residence.

(b) An individual may prove residence identity for purposes of registering by showing one of the following:

(1) showing a driver's license or Minnesota identification card issued pursuant to section 171.07;

(2) showing any document approved by the secretary of state as proper a United States passport or military identification;

(3) showing one of the following:

(i) a current valid student identification card from a post-secondary educational institution in Minnesota, if a list of students from that institution has been prepared under section 135A.17 and certified to the county auditor in the manner provided in rules of the secretary of state; or 

(ii) (4) a current valid employee photo identification card issued by the state or by a political subdivision;

(5) a current valid photo identification card issued by the health department to recipients of medical assistance; or

(6) an identification card issued by the tribal government of a tribe recognized by the Bureau of Indian Affairs, Department of the Interior, that contains the name, residence address, signature, date of birth, and picture of the individual.

(c) In addition, an individual may prove residence for purposes of registration if the document shown in compliance with paragraph (b) does not contain the individual's current residence address by providing one of the following:

(1) an electric, water, natural gas, garbage, sewer, telephone, or cable television bill that is due within 30 days after election day;

(2) a Minnesota driver's license, learner's permit, or identification card, or a receipt for one of these;

(3) notice of late voter registration;

(4) a student list prepared under section 135A.17 and certified to the county auditor in the manner provided in rules of the secretary of state;

(5) an identification card issued by the tribal government of a tribe recognized by the Bureau of Indian Affairs, Department of the Interior, that contains the name, residence address, signature, date of birth, and picture of the individual;

(6) a current student fee statement that contains the student's valid address in the precinct together with a picture identification card; or

(4) (7) having a voter who is registered to vote in the precinct sign an oath in the presence of the election judge vouching that the voter personally knows that the individual is a resident of the precinct. A voter who has been vouched for on election day may not sign a proof of residence oath vouching for any other individual on that election day.

(d) A county, school district, or municipality may must require that an election judge responsible for election day registration initial each completed registration card.

[EFFECTIVE DATE.] This section is effective April 1, 2002.

Sec. 6. Minnesota Statutes 2000, section 201.071, subdivision 1, is amended to read:

Subdivision 1. [FORM.] A registration card must be of suitable size and weight for mailing and contain spaces for the following required information: voter's first name, middle name, and last name; voter's previous name, if any; voter's current address; voter's previous address, if any; voter's date of birth; voter's municipality and county of residence; voter's telephone number, if provided by the voter; the final four digits of the voter's social security number (or the statement "NONE" if the voter has no social security number); date of registration; and voter's signature. The card must also contain a certification of voter eligibility.

The form of the voter registration card and the certification of voter eligibility must be as provided in the rules of the secretary of state. Voter registration forms authorized by the National Voter Registration Act may also be accepted as valid.

[EFFECTIVE DATE.] This section is effective April 1, 2002. 

Sec. 7. Minnesota Statutes 2000, section 201.071, subdivision 3, is amended to read:

Subd. 3. [DEFICIENT REGISTRATION.] No registration is deficient if it contains the voter's name, address, date of birth, the final four digits of the voter's social security number (or the statement "NONE" if the voter has no social security number), prior registration, if any, and signature. The absence of a zip code number does not cause the registration to be deficient. The election judges shall request an individual to correct a registration card if it is deficient or illegible or if the name or number of the voter's school district is missing or obviously incorrect. No eligible voter may be prevented from voting unless the voter's registration card is deficient or the voter is duly and successfully challenged in accordance with section 201.195 or 204C.12.

A registration card accepted prior to August 1, 1983, is not deficient for lack of date of birth. The county or municipality may attempt to obtain the date of birth for a registration card accepted prior to August 1, 1983, by a request to the voter at any time except at the polling place. Failure by the voter to comply with this request does not make the registration deficient.

A registration card accepted before April 1, 2002, is not deficient for lack of the final four digits of the voter's social security number. A county or municipality may attempt to obtain this information for a registration card accepted before April 1, 2002, by a request to the voter at any time except at the polling place. Failure by the voter to comply with this request does not make the registration deficient.

[EFFECTIVE DATE.] This section is effective April 1, 2002.

Sec. 8. Minnesota Statutes 2000, section 201.071, is amended by adding a subdivision to read:

Subd. 9. [EXISTING CARDS.] Existing stocks of registration cards printed before April 1, 2002, that do not contain the social security information required under this section may continue to be used until the stock is exhausted. All registration cards printed after March 31, 2002, must conform with this section.

[EFFECTIVE DATE.] This section is effective April 1, 2002.

Sec. 9. Minnesota Statutes 2000, section 201.071, is amended by adding a subdivision to read:

Subd. 10. [RULES.] The secretary of state shall adopt rules to provide for registration cards that conform with this section.

Sec. 10. Minnesota Statutes 2000, section 201.091, subdivision 1, is amended to read:

Subdivision 1. [MASTER LIST.] Each county auditor shall prepare and maintain a current list of registered voters in each precinct in the county which is known as the master list. The master list must be created by entering each completed voter registration card received by the county auditor into the statewide registration system. It must show the name, residence address, and date of birth of each voter registered in the precinct. The information contained in the master list may only be made available to public officials for purposes related to election administration, jury selection, and in response to a law enforcement inquiry concerning a violation of or failure to comply with any criminal statute or state or local tax statute. If a copy of the master list is provided to a public official for jury selection or in response to a law enforcement inquiry described in this subdivision, the list may not include the final four digits of the social security number of any voter.

Sec. 11. Minnesota Statutes 2000, section 201.091, is amended by adding a subdivision to read:

Subd. 1a. [POLLING PLACE ROSTER.] A polling place roster produced from data maintained in the statewide voter registration file may not include the final four digits of the social security number of any voter. 

Sec. 12. Minnesota Statutes 2000, section 201.091, subdivision 4, is amended to read:

Subd. 4. [PUBLIC INFORMATION LISTS.] (a) The county auditor shall make available for inspection a public information list which must contain the name, address, year of birth, and voting history of each registered voter in the county. The telephone number must be included on the list if provided by the voter. The public information list may also include information on voting districts. The list must not contain the final four digits of the social security number of any voter. The county auditor may adopt reasonable rules governing access to the list.

(b) No individual inspecting the public information list shall tamper with or alter it in any manner. No individual who inspects the public information list or who acquires a list of registered voters prepared from the public information list may use any information contained in the list for purposes unrelated to elections, political activities, or law enforcement. The secretary of state may provide copies of the public information lists and other information from the statewide registration system for uses related to elections, political activities, or in response to a law enforcement inquiry from a public official concerning a failure to comply with any criminal statute or any state or local tax statute.

(c) Before inspecting the public information list or obtaining a list of voters or other information from the list, the individual shall provide identification to the public official having custody of the public information list and shall state in writing that any information obtained from the list will not be used for purposes unrelated to elections, political activities, or law enforcement. Requests to examine or obtain information from the public information lists or the statewide registration system must be made and processed in the manner provided in the rules of the secretary of state.

(d) Upon receipt of a written request and a copy of the court order, the secretary of state may withhold from the public information list the name of any registered voter placed under court-ordered protection.

(e) The inspection and copying of a roster signed by voters at a precinct on election day must be conducted in the same manner as the inspection and copying of a public information list under this section.

[EFFECTIVE DATE.] This section is effective April 1, 2002.

Sec. 13. Minnesota Statutes 2000, section 201.155, is amended to read:

201.155 [REPORT ON FELONY CONVICTIONS.]

The state court administrator shall report at least monthly to the secretary of state the name, address, final four digits of the voter's social security number (or the statement "NONE" if the voter has no social security number), date of birth, date of sentence, effective date of the sentence, and county in which the conviction occurred of each person who has been convicted of a felony. The state court administrator shall also report the name, address, final four digits of the voter's social security number (or the statement "NONE" if the voter has no social security number), and date of birth of each person previously convicted of a felony whose civil rights have been restored. The secretary of state shall determine if any of the persons in the report is registered to vote and shall prepare forward a list of those registrants for individuals to each county auditor. The county auditor shall determine if any person identified in the report as a resident of the county is registered to vote in the county and change the status of those registrants each such registrant in the appropriate manner in the statewide registration system.

Sec. 14. [201.163] [DUTIES OF LOCAL JURISDICTIONS.]

(a) If a political subdivision conducts an election at which a vacant office is to be filled or a ballot question is to be voted upon by the voters of the political subdivision, the political subdivision shall file a written notice of the election with the county auditor of each county in which the election is to be conducted. The notice must be filed at least 49 days before the date of the election. 

(b) The county auditor must file a notice with the secretary of state immediately after the notice of the election is filed with the auditor under section 205.16, subdivision 4, or 205A.07, subdivision 3, or notice of the election is filed with the county auditor by any political subdivision other than a municipality or school district. The notice must set forth the name of the political subdivision, the date of the election, the vacant offices to be filled, or the text of the ballot question as the question will appear on the ballot.

[EFFECTIVE DATE.] This section is effective July 1, 2001.

Sec. 15. Minnesota Statutes 2000, section 202A.19, subdivision 1, is amended to read:

Subdivision 1. [LIMITS ON LOCAL GOVERNMENT MEETINGS.] No special taxing district governing body, school board, county board of commissioners, township board, or city council may conduct a meeting after 6:00 p.m. on the day of a major political party precinct caucus. As used in this subdivision, "special taxing district" has the meaning given in section 275.066.

Sec. 16. Minnesota Statutes 2000, section 203B.04, subdivision 1, is amended to read:

Subdivision 1. [APPLICATION PROCEDURES.] Except as otherwise allowed by subdivision 2, an application for absentee ballots for any election may be submitted at any time not less than one day before the day of that election. The county auditor shall prepare absentee ballot application forms in the format provided in the rules of the secretary of state and shall furnish them to any person on request. An application submitted pursuant to this subdivision shall be in writing and shall be submitted to:

(a) the county auditor of the county where the applicant maintains residence; or

(b) the municipal clerk of the municipality, or school district if applicable, where the applicant maintains residence.

An application shall be approved if it is timely received, signed and dated by the applicant, contains the applicant's name and residence and mailing addresses, and states that the applicant is eligible to vote by absentee ballot for one of the reasons specified in section 203B.02. The application may contain a request for the voter's date of birth, which must not be made available for public inspection. An application may be submitted to the county auditor or municipal clerk by an electronic facsimile device, at the discretion of the auditor or clerk. An application mailed or returned in person to the county auditor or municipal clerk on behalf of a voter by a person other than the voter must be deposited in the mail or returned in person to the county auditor or municipal clerk within ten days after it has been dated by the voter and no later than six days before the election. The absentee ballot applications or a list of persons applying for an absentee ballot may not be made available for public inspection until the close of voting on election day.

An application under this subdivision may contain an application under subdivision 5 to automatically receive an absentee ballot application.

Sec. 17. Minnesota Statutes 2000, section 203B.04, subdivision 5, is amended to read:

Subd. 5. [PERMANENT ILLNESS OR DISABILITY.] (a) An eligible voter who reasonably expects to be permanently unable to go to the polling place on election day because of illness or disability may apply to a county auditor or municipal clerk under this section to automatically receive an absentee ballot application before each election, other than an election by mail conducted under section 204B.45, and to have the status as a permanent absentee voter indicated on the voter's registration record.

(b) The secretary of state shall adopt rules governing procedures under this subdivision. 

Sec. 18. Minnesota Statutes 2000, section 203B.06, is amended by adding a subdivision to read:

Subd. 3a. [UNOFFICIAL BALLOTS.] If no official ballots are ready at the time absentee balloting is scheduled to begin or the supply is exhausted before absentee balloting ends, the county auditor or municipal clerk shall prepare unofficial ballots, printed or written as nearly as practicable in the form of the official ballots. These ballots may be used until the official ballots are available.

Sec. 19. Minnesota Statutes 2000, section 203B.07, subdivision 1, is amended to read:

Subdivision 1. [DELIVERY OF ENVELOPES, DIRECTIONS.] The county auditor or the municipal clerk shall prepare, print, and transmit a return envelope, a ballot envelope, and a copy of the directions for casting an absentee ballot to each applicant whose application for absentee ballots is accepted pursuant to section 203B.04. The directions for casting an absentee ballot shall be printed in at least 14-point bold type with heavy leading and may be printed on the ballot envelope. When a person requests the directions in Braille or on cassette tape, the county auditor or municipal clerk shall provide them in the form requested. The secretary of state shall prepare Braille and cassette copies and make them available.

When a voter registration card is sent to the applicant as provided in section 203B.06, subdivision 4, the directions or registration card shall include instructions for registering to vote.

Sec. 20. Minnesota Statutes 2000, section 203B.11, is amended by adding a subdivision to read:

Subd. 5. [STUDY REGARDING VOTER PRIVACY.] The secretary of state shall conduct a study regarding procedures to ensure the privacy of voters in health care facilities while voting. No later than December 31, 2002, the secretary of state shall file a report with the legislature setting forth the findings and recommendations of the secretary.

Sec. 21. Minnesota Statutes 2000, section 203B.16, subdivision 1, is amended to read:

Subdivision 1. [MILITARY SERVICE; TEMPORARY RESIDENCE OUTSIDE UNITED STATES.] Sections 203B.16 to 203B.27 provide alternative voting procedures for eligible voters who are absent from the precinct where they maintain residence because they are:

(a) (1) either in the military or the spouses or dependents of individuals serving in the military; or

(b) (2) temporarily outside the territorial limits of the United States.

Sections 203B.16 to 203B.27 are intended to implement the federal Uniformed and Overseas Citizens Absentee Voting Act, United States Code, title 42, section 1973ff.

Sec. 22. Minnesota Statutes 2000, section 203B.17, subdivision 1, is amended to read:

Subdivision 1. [SUBMISSION OF APPLICATION.] (a) An application for absentee ballots for a voter described in section 203B.16 may be submitted in writing or by electronic facsimile device, or by electronic mail upon determination by the secretary of state that security concerns have been adequately addressed. An application for absentee ballots for a voter described in section 203B.16 may be submitted by that voter or by that voter's parent, spouse, sister, brother, or child over the age of 18 years. For purposes of an application under this subdivision, a person's social security number, no matter how it is designated, qualifies as the person's military identification number if the person is in the military.

(b) An application for a voter described in section 203B.16, subdivision 1, shall be submitted to the county auditor of the county where the voter maintains residence. 

(c) An application for a voter described in section 203B.16, subdivision 2, shall be submitted to the county auditor of the county where the voter last maintained residence in Minnesota.

(d) An application for absentee ballots for a primary shall also constitute an application for absentee ballots for the any ensuing general or special election conducted during the same calendar year in which the application is received.

(e) There shall be no limitation of time for filing and receiving applications for ballots under sections 203B.16 to 203B.27.

Sec. 23. Minnesota Statutes 2000, section 204B.06, subdivision 1, is amended to read:

Subdivision 1. [FORM OF AFFIDAVIT.] (a) An affidavit of candidacy shall state the name of the office sought and shall state that the candidate:

(a) (1) is an eligible voter;

(b) (2) has no other affidavit on file as a candidate for any office at the same primary or next ensuing general election, except that a candidate for soil and water conservation district supervisor in a district not located in whole or in part in Anoka, Hennepin, Ramsey, or Washington county, may also have on file an affidavit of candidacy for mayor or council member of a statutory or home rule charter city of not more than 2,500 population contained in whole or in part in the soil and water conservation district or for town supervisor in a town of not more than 2,500 population contained in whole or in part in the soil and water conservation district; and

(c) (3) is, or will be on assuming the office, 21 years of age or more, and will have maintained residence in the district from which the candidate seeks election for 30 days before the general election.

An affidavit of candidacy must include a statement that the candidate's name as written on the affidavit for ballot designation is the candidate's true name or the name by which the candidate is commonly and generally known in the community.

An affidavit of candidacy for partisan office shall also state the name of the candidate's political party or political principle, stated in three words or less.

(b) This subdivision does not apply to a candidate for president or vice-president of the United States.

Sec. 24. Minnesota Statutes 2000, section 204B.07, subdivision 2, is amended to read:

Subd. 2. [PETITIONS FOR PRESIDENTIAL ELECTORS.] On petitions nominating presidential electors, the names of the candidates for president and vice-president shall be added to the political party or political principle stated on the petition. One petition may be filed to nominate a slate of presidential electors equal in number to the number of electors to which the state is entitled. This subdivision does not apply to candidates for presidential elector nominated by major political parties. Major party candidates for presidential elector are certified under section 208.03.

Sec. 25. Minnesota Statutes 2000, section 204B.09, subdivision 1, is amended to read:

Subdivision 1. [CANDIDATES IN STATE AND COUNTY GENERAL ELECTIONS.] (a) Except as otherwise provided by this subdivision, affidavits of candidacy and nominating petitions for county, state, and federal offices filled at the state general election shall be filed not more than 70 days nor less than 56 days before the state primary. The affidavit may be prepared and signed at any time between 60 days before the filing period opens and the last day of the filing period.

(b) Notwithstanding other law to the contrary, the affidavit of candidacy must be signed in the presence of a notarial officer or an individual authorized to administer oaths under section 358.10. 

(c) This provision does not apply to candidates for presidential elector nominated by major political parties. Major party candidates for presidential elector are certified under section 208.03. Other candidates for presidential electors may file petitions on or before the state primary day. Nominating petitions to fill vacancies in nominations shall be filed as provided in section 204B.13. No affidavit or petition shall be accepted later than 5:00 p.m. on the last day for filing.

(d) Affidavits and petitions for offices to be voted on in only one county shall be filed with the county auditor of that county. Affidavits and petitions for offices to be voted on in more than one county shall be filed with the secretary of state.

Sec. 26. Minnesota Statutes 2000, section 204B.09, subdivision 3, is amended to read:

Subd. 3. [WRITE-IN CANDIDATES.] (a) A candidate for state or federal office who wants write-in votes for the candidate to be counted must file a written request with the filing office for the office sought no later than the day before the general election. The filing officer shall provide copies of the form to make the request.

(b) A candidate for president of the United States who files a request under this subdivision must include the name of a candidate for vice-president of the United States. The request must also include the name of at least one candidate for presidential elector. The total number of names of candidates for presidential elector on the request may not exceed the total number of electoral votes to be cast by Minnesota in the presidential election.

(c) A candidate for governor who files a request under this subdivision must include the name of a candidate for lieutenant governor.

Sec. 27. Minnesota Statutes 2000, section 204B.20, is amended to read:

204B.20 [ELECTION BOARD; CHAIR HEAD ELECTION JUDGE; DUTIES.]

The election judges appointed to serve in an election precinct shall constitute the election board for that precinct. The appointing authority shall designate one of the election judges in each precinct to serve as the chair of the election board head election judge. The chair head election judge shall assign specific duties to the election judges of that precinct as necessary or convenient to complete forms, obtain signatures, and perform all the other duties required of election judges.

Sec. 28. Minnesota Statutes 2000, section 204B.22, subdivision 1, is amended to read:

Subdivision 1. [MINIMUM NUMBER REQUIRED.] (a) A minimum of three election judges shall be appointed for each precinct. In a combined polling place under section 204B.14, subdivision 2, at least one judge must be appointed from each municipality in the combined polling place, provided that not less than three judges shall be appointed for each combined polling place. The appointing authorities may appoint election judges for any precinct in addition to the number required by this subdivision including additional election judges to count ballots after voting has ended.

(b) An election judge may serve for all or part of election day, at the discretion of the appointing authority, as long as the minimum number of judges required is always present. The head election judge designated under section 204B.20 must serve for all of election day and be present in the polling place unless another election judge has been designated by the head election judge to perform the functions of the head election judge during any absence.

Sec. 29. Minnesota Statutes 2000, section 204B.22, subdivision 3, is amended to read:

Subd. 3. [MINIMUM NUMBER REQUIRED IN CERTAIN PRECINCTS.] At each state primary or state general election in precincts using lever voting machines or an electronic voting system with marking devices and in which more than 400 votes were cast at the last similar election, the minimum number of election judges is three plus one judge to demonstrate the use of the voting machine or device. 

Sec. 30. Minnesota Statutes 2000, section 204B.23, is amended to read:

204B.23 [VACANCIES AMONG ELECTION JUDGES.]

A vacancy on an election board occurs when any election judge who is a member of that board:

(a) Fails to arrive at the polling place within 30 minutes after the time when the polling place is scheduled to open;

(b) Becomes unable to perform the duties of the office after assuming those duties; or

(c) For any reason fails or refuses to perform the duties of the office as assigned by the chair of the election board head election judge.

When a vacancy occurs, the remaining election judges of the precinct shall elect an individual to fill the vacancy subject to the provisions of section 204B.19. When possible the election judges shall elect individuals who have been trained as election judges pursuant to section 204B.25. The oath signed by the new election judge shall indicate that the new election judge was elected to fill a vacancy. The municipal clerk may assign election judges to fill vacancies as they occur.

Sec. 31. Minnesota Statutes 2000, section 204B.27, is amended by adding a subdivision to read:

Subd. 11. [TRANSLATION OF VOTING INSTRUCTIONS.] The secretary of state may develop voting instructions in languages other than English, to be posted and made available in polling places during elections. The secretary of state shall determine which languages are so common in Minnesota that there is a need for translated voting instructions.

Sec. 32. Minnesota Statutes 2000, section 204B.28, subdivision 1, is amended to read:

Subdivision 1. [MEETING WITH ELECTION OFFICIALS.] At least 12 weeks before each regularly scheduled general election, each county auditor shall conduct a meeting with local election officials to review the procedures for the election. The county auditor may require the chairs of the election boards head election judges in the county to attend this meeting.

Sec. 33. Minnesota Statutes 2000, section 204B.45, subdivision 2, is amended to read:

Subd. 2. [PROCEDURE.] (a) The deadline established under section 204B.16, subdivision 3, for designating a new or different polling place applies to an election described by this subdivision.

(b) Notice of the election and the special mail procedure must be given at least six weeks prior to the election. No earlier than 20 days or later than 14 days prior to the election, the auditor shall mail ballots by nonforwardable mail to all voters registered in the town or unorganized territory.

(c) Eligible voters not registered at the time the ballots are mailed may apply for ballots as provided in chapter 203B.

(d) Ballot return envelopes, with return postage provided, must be preaddressed to the auditor or clerk and the voter may return the ballot by mail or in person to the office of the auditor or clerk. The costs of the mailing shall be paid by the election jurisdiction in which the voter resides.

(e) Any ballot received by 8:00 p.m. on the day of the election must be counted. 

Sec. 34. Minnesota Statutes 2000, section 204B.46, is amended to read:

204B.46 [MAIL ELECTIONS; QUESTIONS.]

A county, municipality, or school district submitting questions to the voters at a special election may apply to the county auditor for approval of an election by mail with no polling place other than the office of the auditor or clerk. No more than two questions may be submitted at a mail election and no offices may be voted on. The deadline established under section 204B.16, subdivision 3, for designating a new or different polling place applies to an election described by this section. Notice of the election and the special mail procedure must be given at least six weeks prior to the election. No earlier than 20 or later than 14 days prior to the election, the auditor or clerk shall mail ballots by nonforwardable mail to all voters registered in the county, municipality, or school district. Eligible voters not registered at the time the ballots are mailed may apply for ballots pursuant to chapter 203B.

Sec. 35. [204B.48] [VOTING EQUIPMENT GRANT ACCOUNT.]

A voting equipment grant fund is created to provide grants to political subdivisions for the purchase of ballot tabulation equipment. Any funds disbursed by the federal government to the state for the improvement of election administration or equipment must be deposited in this account. The secretary of state may make a grant from the fund to a political subdivision, after certifying to the commissioner of finance that:

(1) the grant will be used only for purchase of ballot tabulation equipment, which may include equipment that makes it possible for individuals with disabilities to cast a secret ballot;

(2) the political subdivision to receive the grant has insufficient resources available to purchase the equipment; and

(3) the recipient of the grant will provide a dollar-for-dollar match, which may not come from state or federal funds.

Sec. 36. Minnesota Statutes 2000, section 204C.03, subdivision 1, is amended to read:

Subdivision 1. [SCHOOL DISTRICTS; COUNTIES; MUNICIPALITIES; SPECIAL TAXING DISTRICTS.] No special taxing district governing body, school board, county board of commissioners, city council, or town board of supervisors shall conduct a meeting between 6:00 p.m. and 8:00 p.m. on the day that an election is held within the boundaries of the special taxing district, school district, county, city, or town. As used in this subdivision, "special taxing district" has the meaning given in section 275.066.

Sec. 37. Minnesota Statutes 2000, section 204C.10, is amended to read:

204C.10 [PERMANENT REGISTRATION; VERIFICATION OF REGISTRATION.]

(a) An individual seeking to vote shall sign a polling place roster which states that the individual is at least 18 years of age, a citizen of the United States, has resided in Minnesota for 20 days immediately preceding the election, certifies residence at the address shown, is not under guardianship of the person, has not been found by a court of law to be legally incompetent to vote or convicted of a felony without having civil rights restored, is registered and has not already voted in the election.

(b) A judge may shall, before the applicant signs the roster, confirm the applicant's identity by requiring a picture identification card or document issued by the United States or Minnesota or an identification card issued by the tribal government of a tribe recognized by the Bureau of Indian Affairs, Department of the Interior, and may confirm the applicant's name, address, and date of birth. If an applicant does not have a card or document described by this section, the applicant may sign the roster after executing an affidavit before the judge. The affidavit must state:

(1) the name of the applicant; 

(2) that the applicant does not have a picture identification card or document issued by the United States or Minnesota or an identification card issued by the tribal government of a tribe recognized by the Bureau of Indian Affairs, Department of the Interior, that contains the name, residence address, signature, date of birth, and picture of the applicant; and

(3) that the applicant swears or affirms that the applicant is the same individual whose name is listed on the roster for this precinct.

(c) After the applicant signs the roster, the judge shall give the applicant a voter's receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The voters' receipts must be maintained during the time for notice of filing an election contest.

[EFFECTIVE DATE.] This section is effective April 1, 2002.

Sec. 38. Minnesota Statutes 2000, section 204C.35, is amended to read:

204C.35 [LEGISLATIVE AND FEDERAL, STATE, AND JUDICIAL RACES.]

Subdivision 1. [AUTOMATIC RECOUNTS.] (a) In a state primary when the difference between the votes cast for the candidates for nomination to a statewide federal office, state constitutional office, statewide judicial office, congressional office, state legislative office, or to a district judicial office is 100 or less, the difference:

(1) is less than ten one-half of one percent of the total number of votes counted for that nomination; or

(2) is ten votes or less and the total number of votes cast for the nomination is 400 votes or less;

and the difference determines the nomination, the canvassing board with responsibility for declaring the results for that office shall recount the vote.

(b) In a state general election when the difference between the votes of a candidate who would otherwise be declared elected to a statewide federal office, state constitutional office, statewide judicial office, congressional office, state legislative office, or to a district judicial office and the votes of any other candidate for that office:

(1) is 100 or less than one-half of one percent of the total number of votes counted for that office; or

(2) is ten votes or less if the total number of votes cast for the office is 400 votes or less,

the canvassing board shall recount the votes.

(c) A recount shall must not delay any other part of the canvass. The results of the recount shall must be certified by the canvassing board as soon as possible.

(d) Time for notice of a contest for an office which is recounted pursuant to this section shall begin to run upon certification of the results of the recount by the canvassing board.

(e) A losing candidate may waive a recount required pursuant to this section by filing a written notice of waiver with the canvassing board.

Subd. 2. [OPTIONAL RECOUNT.] (a) A losing candidate for nomination or election to a statewide federal office, state constitutional office, statewide judicial office, congressional office, state legislative office, or to a district court judicial office may request a recount in a manner provided in this section at the candidate's own expense when the vote difference is greater than the difference required by this section. The votes shall be recounted as provided in this section if the candidate files a request during the time for filing notice of contest of the primary or election for which a recount is sought. 

(b) The requesting candidate shall file with the filing officer a bond, cash, or surety in an amount set by the filing officer for the payment of the recount expenses. The requesting candidate is responsible for the following expenses: the compensation of the secretary of state, or designees, and any election judge, municipal clerk, county auditor, administrator, or other personnel who participate in the recount; the costs of computer operation, preparation of ballot counting equipment, necessary supplies and travel related to the recount; the compensation of the appropriate canvassing board and costs of preparing for the canvass of recount results; and any attorney fees incurred in connection with the recount by the governing body responsible for the recount.

Sec. 39. Minnesota Statutes 2000, section 204C.36, subdivision 1, is amended to read:

Subdivision 1. [REQUIRED RECOUNTS.] (a) Except as provided in paragraph (b), a losing candidate for nomination or election to a county, municipal, or school district office may request a recount of the votes cast for the nomination or election to that office if the difference between the vote cast for that candidate and for a winning candidate for nomination or election is:

(a) Five votes or less when the total vote cast for nomination or election to that office is 100 votes or less;

(b) Ten votes or less when the total vote cast for nomination or election to that office is more than 100 but not more than 500 votes;

(c) Twenty votes or less when the total vote cast for nomination or election to that office is more than 500 but not more than 2,000 votes;

(d) One percent of the votes or less when the total vote cast for nomination or election to that office is more than 2,000 but less than 10,000 votes; or

(e) One hundred votes or less when the total vote cast for nomination or election to that office is 10,000 votes or more. less than one-half of one percent of the total votes counted for that office. In case of offices where two or more seats are being filled from among all the candidates for the office, the one-half of one percent difference is between the elected candidate with the fewest votes and the candidate with the most votes from among the candidates who were not elected.

(b) A losing candidate for nomination or election to a county, municipal, or school district office may request a recount of the votes cast for nomination or election to that office if the difference between the vote cast for that candidate and for a winning candidate for nomination or election is ten votes or less, and the total number of votes cast for the nomination or election of all candidates is no more than 400. In cases of offices where two or more seats are being filled from among all the candidates for the office, the ten vote difference is between the elected candidate with the fewest votes and the candidate with the most votes from among the candidates who were not elected.

(c) Candidates for county offices shall file a written request for the recount with the county auditor. Candidates for municipal or school district offices shall file a written request with the municipal or school district clerk as appropriate. All requests shall be filed during the time for notice of contest of the primary or election for which a recount is sought.

(d) Upon receipt of a request made pursuant to this section, the county auditor shall recount the votes for a county office at the expense of the county, the governing body of the municipality shall recount the votes for a municipal office at the expense of the municipality, and the school board of the school district shall recount the votes for a school district office at the expense of the school district.

Sec. 40. Minnesota Statutes 2000, section 204C.36, subdivision 3, is amended to read:

Subd. 3. [DISCRETIONARY BALLOT QUESTION RECOUNTS.] A recount may be conducted for a ballot question when the difference between the votes for and the votes against the question is less than or equal to the difference provided in subdivision 1, clauses (a) to (e). A recount may be requested by any person eligible to vote

on the ballot question. A written request for a recount must be filed with the filing officer of the county, municipality, or school district placing the question on the ballot and must be accompanied by a petition containing the signatures of 25 voters eligible to vote on the question. If the difference between the votes for and the votes against the question is greater than the difference provided in subdivision 1, clauses (a) to (e), the person requesting the recount shall also file with the filing officer of the county, municipality, or school district a bond, cash, or surety in an amount set by the appropriate governing body for the payment of recount expenses. The written request, petition, and any bond, cash, or surety required must be filed during the time for notice of contest for the election for which the recount is requested.

Sec. 41. Minnesota Statutes 2000, section 204D.04, subdivision 2, is amended to read:

Subd. 2. [INSTRUCTIONS TO PRINTER; PRINTER'S BOND.] (a) The official charged with the preparation and distribution of the ballots shall prepare instructions to the printer for rotation of the names of candidates and for layout of the ballot.

(b) Except as provided in paragraph (c), the instructions shall be approved by the legal advisor of the official before delivery to the printer.

(c) The legal advisor of a town official is only required to approve instructions regarding the rotation of the names of candidates on the ballot.

(d) Before a contract exceeding $1,000 is awarded for printing ballots, the printer shall furnish a sufficient bond, letter of credit, or certified check, acceptable to the official responsible for printing the ballots, conditioned on printing the ballots in conformity with the Minnesota Election Law and the instructions delivered. The official responsible for printing the ballots shall set the amount of the bond, letter of credit, or certified check in an amount equal to the value of the purchase.

Sec. 42. Minnesota Statutes 2000, section 204D.09, is amended to read:

204D.09 [EXAMPLE BALLOTS; SAMPLE PRIMARY BALLOTS.]

Subdivision 1. (a) No later than June 1 of each year, the secretary of state shall supply each auditor with a copy of an example ballot. The example ballot must illustrate the format required for the ballots used in the primary and general elections that year.

(b) The county auditor shall distribute copies of the example ballot to municipal and school district clerks in municipalities and school districts holding elections that year. The official ballot must conform in all respects to the example ballot.

Subd. 2. At least two weeks before the state primary the county auditor shall prepare a sample state partisan primary ballot and a sample state and county nonpartisan primary ballot for public inspection. The names of all of the candidates to be voted for in the county shall be placed on the sample ballots, with the names of the candidates for each office arranged alphabetically according to the surname. Only one sample state partisan primary ballot and one sample state and county nonpartisan ballot shall be prepared for any county. The county auditor shall post the sample ballots in a conspicuous place in the auditor's office and shall cause them to be published at least one week before the state primary in at least one newspaper of general circulation in the county.

Sec. 43. Minnesota Statutes 2000, section 204D.11, subdivision 4, is amended to read:

Subd. 4. [SPECIAL FEDERAL WHITE BALLOT.] (a) The names of all candidates for the offices of president and vice-president of the United States and senator and representative in Congress shall be placed on a ballot printed on white paper which shall be known as the "special federal white ballot." 

(b) This ballot shall be prepared by the county auditor in the same manner as the white ballot and shall be subject to the rules adopted by the secretary of state pursuant to subdivision 1. This ballot must be prepared and furnished in accordance with the federal Uniformed and Overseas Citizens Absentee Voting Act, United States Code, title 42, section 1973ff.

(c) The special federal white ballot shall be the only ballot sent to citizens of the United States who are eligible to vote by absentee ballot for federal candidates in Minnesota.

Sec. 44. Minnesota Statutes 2000, section 204D.24, subdivision 2, is amended to read:

Subd. 2. [VOTER REGISTRATION.] An individual may register to vote at a special primary or special election at any time before the day that the polling place rosters for the special primary or special election are prepared by the secretary of state. The secretary of state shall provide the county auditors with notice of this date at least seven days before the printing of the rosters. This subdivision does not apply to a special election held on the same day as the presidential primary, state primary, state general election, or the regularly scheduled primary or general election of a municipality, school district, or special district.

Sec. 45. Minnesota Statutes 2000, section 205.02, subdivision 1, is amended to read:

Subdivision 1. [MINNESOTA ELECTION LAW.] Except as provided in this chapter or otherwise expressly provided by law, the provisions of the Minnesota Election Law apply to municipal elections, so far as practicable.

Sec. 46. Minnesota Statutes 2000, section 205.13, subdivision 1a, is amended to read:

Subd. 1a. [FILING PERIOD.] An affidavit of candidacy for a town office to be elected in March must be filed not more than eight weeks nor less than six weeks before the town election. In municipalities nominating candidates at a municipal primary, an affidavit of candidacy for a city office or town office voted on in November must be filed not more than 70 days nor less than 56 days before the first Tuesday after the second Monday in September preceding the municipal general election. In all other municipalities, an affidavit of candidacy must be filed not more than 70 days and not less than 56 days before the municipal general election.

Sec. 47. Minnesota Statutes 2000, section 205.17, is amended by adding a subdivision to read:

Subd. 7. [EXAMPLE BALLOT.] No later than 30 days before absentee ballots must be prepared and delivered under section 204B.35 for use in a town general election conducted in March, the secretary of state shall supply each town clerk in a town conducting a March general election with a copy of an example ballot. The example ballot must illustrate the format required for the ballots used in the general election that year.

Sec. 48. Minnesota Statutes 2000, section 205.185, subdivision 2, is amended to read:

Subd. 2. [ELECTION, CONDUCT.] A municipal election shall be by secret ballot and shall be held and the returns made in the manner provided for the state general election, so far as practicable except as otherwise expressly provided by law.

Sec. 49. Minnesota Statutes 2000, section 205.185, subdivision 3, is amended to read:

Subd. 3. [CANVASS OF RETURNS, CERTIFICATE OF ELECTION, BALLOTS, DISPOSITION.] (a) Within seven days after an election, the governing body of a city conducting any election or the governing body of a town conducting the general election in November shall canvass the returns and declare the results of the election. The governing body of a town conducting the general election in March shall canvass the returns and declare the results of the election within two days after an election.

(b) After the time for contesting elections has passed, the municipal clerk shall issue a certificate of election to each successful candidate. In case of a contest, the certificate shall not be issued until the outcome of the contest has been determined by the proper court. 

(c) In case of a tie vote, the governing body shall determine the result by lot. The clerk shall certify the results of the election to the county auditor, and the clerk shall be the final custodian of the ballots and the returns of the election.

Sec. 50. Minnesota Statutes 2000, section 205A.02, is amended to read:

205A.02 [ELECTION LAW APPLICABLE.]

Except as provided in this chapter or otherwise expressly provided by law, the Minnesota Election Law applies to school district elections, as far as practicable. Elections in common school districts shall be governed by section 123B.94.

Sec. 51. Minnesota Statutes 2000, section 205A.11, subdivision 2, is amended to read:

Subd. 2. [COMBINED POLLING PLACE.] When no other election is being held in two or more precincts on the day of a school district election, the school board may designate one or more combined polling places at which the voters in those precincts may vote in the school district election. The deadline established under section 204B.16, subdivision 3, for designating a new or different polling place applies to an election described by this subdivision.

Sec. 52. Minnesota Statutes 2000, section 206.81, is amended to read:

206.81 [ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.]

(a) The secretary of state may license an electronic voting system for experimental use at an election prior to its approval for general use.

(b) The secretary of state must license a touch-sensitive direct recording electronic voting system for experimental use at an election before its approval for general use, and may impose restrictions on its use. A voting system used under this paragraph must permit a blind or visually impaired voter to cast a ballot independently and privately.

(c) Experimental use must be observed by the secretary of state or the secretary's designee and the results observed must be considered at any subsequent proceedings for approval for general use.

(d) The secretary of state may adopt rules consistent with sections 206.55 to 206.90 relating to experimental use. The extent of experimental use must be determined by the secretary of state.

Sec. 53. [206.91] [VOTING EQUIPMENT DECENNIAL REPORT.]

By December 31 in each year ending in one, the secretary of state shall file a report with the legislature regarding the voting equipment used in Minnesota. This report must:

(1) identify the voting equipment used in each precinct, as reported to the secretary of state by each county auditor; and

(2) include any recommendations from the secretary regarding improvements in voting system technology that may require the modification or replacement of voting systems currently used in Minnesota.

[EFFECTIVE DATE.] This section is effective January 1, 2002.

Sec. 54. Minnesota Statutes 2000, section 208.06, is amended to read:

208.06 [ELECTORS TO MEET AT CAPITOL; FILLING OF VACANCIES.]

The presidential electors, before 12:00 M. at 9:00 a.m. on the day before that fixed by Congress for the electors to vote for president and vice-president of the United States, shall assemble in the location designated under section 208.08 and notify the governor that they are at the state capitol and ready at the proper time to fulfill their

duties as electors. The governor shall deliver to the electors present a certificate of the names of all the electors. If any elector named therein fails to appear before by 9:00 a.m. on the day, and at the place, fixed for voting for president and vice-president of the United States, the electors present shall, in the presence of the governor, immediately elect by ballot a person to fill the vacancy. If more than the number of persons required have the highest and an equal number of votes when the electors cast ballots to fill any vacancy, the governor, in the presence of the electors attending, shall decide by lot which of those persons shall be elected as a substituted presidential elector.

Sec. 55. Minnesota Statutes 2000, section 208.08, is amended to read:

208.08 [ELECTORS TO MEET AT STATE CAPITOL.]

(a) At least seven days before the date the presidential electors are required to assemble, the secretary of state shall designate the location within the state capitol where the assembly will be conducted and notify the governor and electors of this location.

(b) The original and substituted presidential electors, at 12:00 M., shall meet in the executive chamber at the state capitol and shall, immediately after filling any vacancy among the electors in accordance with section 208.06, perform all the duties imposed upon them as electors by the constitution and laws of the United States and this state. The secretary of state, or an individual designated by the secretary of state, shall preside at this assembly.

(c) The electors shall vote by secret ballot.

(d) The secretary of state shall transmit all certifications by the electors to the individuals required to receive the certifications under the constitution and laws of the United States.

Sec. 56. Minnesota Statutes 2000, section 209.065, is amended to read:

209.065 [PLEADINGS; PROCEDURE.]

The notice of contest and any answer are the pleadings in the case and may be amended in the discretion of the court. The contest proceedings must be brought on for trial by either the contestant or contestee as soon as practicable within 20 days after the filing of the notice of contest. The court shall proceed to the extent possible in the manner provided in the rules for recounts adopted by the secretary of state under section 204C.361. If a court finds that proceeding in accordance with all or part of the rules for recounts is not possible, the court shall proceed in the manner provided for the trial of civil actions so far as practicable.

Sec. 57. Minnesota Statutes 2000, section 211A.02, subdivision 1, is amended to read:

Subdivision 1. [WHEN AND WHERE FILED BY COMMITTEES.] (a) A committee or a candidate who receives contributions or makes disbursements of more than $750 in a calendar year shall submit an initial report to the filing officer within 14 days after the candidate or committee receives or makes disbursements of more than $750 and shall continue to make the reports listed in paragraph paragraphs (b) and (c) until a final report is filed.

(b) The committee or candidate must file a report by January 31 of each year following the year when the initial report was filed and.

(c) In a year when the candidate's name or a ballot question appears on the ballot, the candidate or committee shall file a report:

(1) ten days before the primary or special primary;

(2) ten days before the general election or special election; and

(3) 30 days after a general or special election. 

Sec. 58. Minnesota Statutes 2000, section 211A.02, subdivision 4, is amended to read:

Subd. 4. [CONGRESSIONAL CANDIDATES.] Candidates for election to the United States House of Representatives or Senate and any political committees raising money and making disbursements exclusively on behalf of any one of those candidates may file copies of their financial disclosures required by federal law in lieu of the financial statement required by this section. A candidate or committee whose report is published on the Federal Election Commission Web site has complied with the filing requirements of this section.

Sec. 59. Minnesota Statutes 2000, section 211B.16, subdivision 1, is amended to read:

Subdivision 1. [COUNTY ATTORNEY INQUIRY.] A county attorney who is notified of an alleged violation of this chapter shall promptly investigate and within 14 days shall determine whether there is probable cause to institute a prosecution. If the county attorney is unable to make this determination within 14 days, the county attorney shall notify the individual who reported the alleged violation when a probable cause determination will be made. If there is probable cause for instituting a prosecution, the county attorney shall proceed by complaint or present the charge, with whatever evidence has been found, to the grand jury. A county attorney who refuses or intentionally fails to faithfully perform this or any other duty imposed by this chapter is guilty of a misdemeanor and upon conviction forfeits the office. The county attorney, under the penalty of forfeiture of office, shall prosecute all violations of this chapter except violations of this section. If, however, a complainant withdraws an allegation under this chapter, the county attorney is not required to proceed with prosecution.

Sec. 60. Minnesota Statutes 2000, section 358.10, is amended to read:

358.10 [OFFICIALS MAY ADMINISTER, WHEN.]

(a) All persons holding office under any law of this state, or under the charter or ordinances of any municipal corporation thereof, including judges and clerks of election, and all committee members, commissioners, trustees, referees, appraisers, assessors, and all others authorized or required by law to act or report upon any matter of fact, shall have the power to administer such oaths as they may deem necessary to the proper discharge of their respective duties.

(b) Any employee of the secretary of state designated by the secretary of state has the power to administer oaths to an individual who wishes to file with the secretary of state an affidavit of candidacy, nominating petition, declaration of intent to be a write-in candidate, or any other document relating to the conduct of elections.

Sec. 61. Minnesota Statutes 2000, section 367.03, subdivision 6, is amended to read:

Subd. 6. [VACANCIES.] (a) When a vacancy occurs in a town office, the town board shall fill the vacancy by appointment. Except as provided in paragraph (b), the person appointed shall hold office until the next annual town election, when a successor shall be elected for the unexpired term.

(b) When a vacancy occurs in a town office:

(1) with more than one year remaining in the term; and

(2) on or after the 14th day before the first day to file an affidavit of candidacy for the town election;

the vacancy must be filled by appointment. The person appointed serves until the next annual town election following the election for which affidavits of candidacy are to be filed, when a successor shall be elected for the unexpired term.

(c) A vacancy in the office of supervisor shall must be filled by an appointment committee comprised of the remaining supervisors and the town clerk until the next annual town election, when a successor shall be elected for the unexpired term. 

(d) Any person appointed to fill the vacancy in the office of supervisor must, upon assuming the office, be an eligible voter, be 21 years of age, and have resided in the town for at least 30 days.

(e) When, because of a vacancy, more than one supervisor is to be chosen at the same election, candidates for the offices of supervisor shall file for one of the specific terms being filled.

(f) Law enforcement vacancies shall must be filled by appointment by the town board.

Sec. 62. [REPEALER.]

(a) Minnesota Statutes 2000, sections 204B.06, subdivision 1a, and 204C.15, subdivision 2a, are repealed.

(b) Minnesota Rules, part 8250.1400, is repealed."

Delete the title and insert:

"A bill for an act relating to state government; appropriating money for the general legislative and administrative expenses of state government; modifying provisions relating to state and local government operations; amending Minnesota Statutes 2000, sections 3.012; 3.3005, subdivisions 2, 3, 3a, 4, 5, by adding subdivisions; 3.305, by adding subdivisions; 3.855, subdivision 3; 3.97, subdivision 3a; 3.979, by adding a subdivision; 3.98, subdivision 2; 4A.05, subdivision 1; 4A.07, subdivisions 1, 2, 4, 5; 4A.08; 4A.09; 4A.10; 6.48; 6.56, subdivision 2; 6.58; 7.09, subdivision 1; 10A.01, subdivision 21; 11A.075; 15.059, subdivision 5a; 15.50, subdivision 2, by adding a subdivision; 15A.0815, subdivision 1, by adding a subdivision; 16A.06, by adding a subdivision; 16A.10, by adding a subdivision; 16A.11, subdivision 6; 16A.152, subdivisions 4, 7; 16B.58, by adding a subdivision; 16B.60, subdivision 3, by adding subdivisions; 16B.61, subdivision 1; 16B.65; 16B.70, subdivision 2; 16B.76, subdivision 1; 16B.88, subdivision 1; 16C.03, subdivision 3; 16C.25; 43A.04, by adding subdivisions; 43A.17, subdivision 9; 43A.38, subdivisions 1, 6, 7; 103C.311, subdivision 1; 136F.07; 136F.40, subdivision 2; 138.35, by adding a subdivision; 138.39; 161.1419, subdivision 8; 161.32, subdivision 1b; 179A.15; 190.06, subdivision 1; 190.07; 193.144, subdivision 6; 193.145, subdivision 4; 193.148; 197.75, subdivisions 1, 2; 201.016, subdivision 1a; 201.022; 201.061, subdivision 3; 201.071, subdivisions 1, 3, by adding subdivisions; 201.091, subdivisions 1, 4, by adding a subdivision; 201.155; 202A.19, subdivision 1; 203B.04, subdivisions 1, 5; 203B.06, by adding a subdivision; 203B.07, subdivision 1; 203B.11, by adding a subdivision; 203B.16, subdivision 1; 203B.17, subdivision 1; 204B.06, subdivision 1; 204B.07, subdivision 2; 204B.09, subdivisions 1, 3; 204B.20; 204B.22, subdivisions 1, 3; 204B.23; 204B.27, by adding a subdivision; 204B.28, subdivision 1; 204B.45, subdivision 2; 204B.46; 204C.03, subdivision 1; 204C.10; 204C.35; 204C.36, subdivisions 1, 3; 204D.04, subdivision 2; 204D.09; 204D.11, subdivision 4; 204D.24, subdivision 2; 205.02, subdivision 1; 205.13, subdivision 1a; 205.17, by adding a subdivision; 205.185, subdivisions 2, 3; 205A.02; 205A.11, subdivision 2; 206.81; 208.06; 208.08; 209.065; 211A.02, subdivisions 1, 4; 211B.16, subdivision 1; 240A.08; 317A.123, subdivision 1; 317A.827, subdivision 2; 358.10; 367.03, subdivision 6; 394.232, subdivisions 1, 2, 3, 4, 5, 7, by adding a subdivision; 403.11, subdivision 1; 462.351; 462.352, subdivisions 5, 6; 462.3535, subdivisions 1, 2, 3, 4, 10; 473.13, by adding a subdivision; 473.1455; 517.08, subdivisions 1b, 1c; 645.44, by adding a subdivision; Laws 1998, chapter 366, section 80; Laws 1998, chapter 404, section 23, subdivision 6; Laws 1999, chapter 250, article 1, sections 115, 116; proposing coding for new law in Minnesota Statutes, chapters 3; 4A; 5; 6; 16A; 16C; 16E; 43A; 200; 201; 204B; 206; 240A; 473; proposing coding for new law as Minnesota Statutes, chapter 116T; repealing Minnesota Statutes 2000, sections 3.9222; 4A.07, subdivision 3; 8.31, subdivision 2c; 13.202, subdivision 8; 13.606, subdivision 2; 16A.67; 16A.6701; 16B.37; 16B.58, subdivision 7; 43A.18, subdivision 5; 129D.06; 204B.06, subdivision 1a; 204C.15, subdivision 2a; 246.18, subdivision 7; 394.232; 462.352, subdivision 18; 462.3535, subdivisions 5, 6, 7, 8, 9; 465.795; 465.796; 465.797; 465.7971; 465.798; 465.799; 465.801; 465.802; 465.803; 465.83; 465.87; 465.88; 473.1455; 572A.01; 572A.03, subdivision 2; Minnesota Rules, part 8250.1400."

The motion prevailed and the amendment was adopted.

Krinkie moved to amend S. F. No. 2360, as amended, as follows:

Page 2, delete line 45 and insert:

"Appropriation 55,438,00058,102,000"

Page 2, delete line 47 and insert:

"General 55,288,00057,952,000"

Page 7, delete line 8 and insert:

"Appropriation 77,949,00047,786,000"

Page 7, delete line 11 and insert:

"Special Revenue 41,187,00019,764,000"

Page 14, delete line 10 and insert:

"6,040,000 6,040,000"

Adjust amounts accordingly

The motion prevailed and the amendment was adopted.

Knoblach, Krinkie and Kahn moved to amend S. F. No. 2360, as amended, as follows:

Page 100, delete section 126

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Kielkucki; Mulder; Wilkin; Anderson, B., and Olson moved to amend S. F. No. 2360, as amended, as follows:

Page 66, after line 33, insert:

"Sec. 68. Minnesota Statutes 2000, section 43A.24, subdivision 1, is amended to read:

Subdivision 1. [GENERAL.] Employees, including persons on layoff from a civil service position, and employees who are employed less than full time, shall be eligible for state paid life insurance and hospital, medical and dental benefits as provided in collective bargaining agreements or plans established pursuant to section 43A.18.

A collective bargaining agreement or plan may provide state-paid benefits only to an employee or the spouse or dependent child or dependent grandchild of an employee. A collective bargaining agreement or compensation plan may define a dependent child to include a biological child, a child legally adopted or placed for adoption with the employee, a foster child, or a step-child. A collective bargaining agreement or compensation plan may provide conditions and limitations on coverage for employees, spouses, and dependent children or grandchildren." 

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

On the motion of Seifert and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:

Abeler	Dorman	Holsten	Leppik	Otremba	Stanek
Abrams	Dorn	Howes	Lieder	Ozment	Stang
Anderson, B.	Eastlund	Huntley	Lindner	Paulsen	Swapinski
Anderson, I.	Entenza	Jacobson	Lipman	Pawlenty	Swenson
Bakk	Erhardt	Jaros	Luther	Paymar	Sykora
Bernardy	Erickson	Jennings	Mahoney	Pelowski	Thompson
Biernat	Evans	Johnson, J.	Mares	Penas	Tingelstad
Bishop	Finseth	Johnson, R.	Marko	Peterson	Tuma
Boudreau	Fuller	Johnson, S.	Marquart	Pugh	Vandeveer
Bradley	Gerlach	Juhnke	McElroy	Rhodes	Wagenius
Buesgens	Goodno	Kahn	McGuire	Rifenberg	Walz
Carlson	Goodwin	Kalis	Milbert	Rukavina	Wasiluk
Cassell	Gray	Kelliher	Molnau	Ruth	Wenzel
Clark, J.	Greiling	Kielkucki	Mulder	Schumacher	Westerberg
Clark, K.	Gunther	Knoblach	Mullery	Seagren	Westrom
Daggett	Haas	Koskinen	Murphy	Seifert	Wilkin
Davids	Hackbarth	Krinkie	Ness	Sertich	Winter
Davnie	Harder	Kubly	Nornes	Skoe	Wolf
Dawkins	Hausman	Kuisle	Olson	Skoglund	Workman
Dehler	Hilstrom	Larson	Opatz	Slawik	Spk. Sviggum
Dempsey	Hilty	Leighton	Osskopp	Smith
Dibble	Holberg	Lenczewski	Osthoff	Solberg

Seifert moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.

Davnie; Dibble; Clark, K.; Rukavina; Mahoney; Marko; Pugh; Entenza; Paymar; Skoglund; Solberg; Kelliher; Anderson, I.; Koskinen and Sertich moved to amend the Kielkucki et al amendment to S. F. No. 2360, as amended, as follows:

Page 1, line 21, after the period, insert "Nothing in this section shall interfere with collective bargaining agreements."

A roll call was requested and properly seconded.

The Speaker called Abrams to the Chair.

The question was taken on the amendment to the amendment and the roll was called.

Molnau moved that those not voting be excused from voting. The motion prevailed.

There were 62 yeas and 69 nays as follows:

Those who voted in the affirmative were:

Anderson, I.	Entenza	Jennings	Lenczewski	Opatz	Slawik
Bakk	Evans	Johnson, R.	Leppik	Osthoff	Solberg
Bernardy	Gleason	Johnson, S.	Lieder	Paymar	Swapinski
Biernat	Goodwin	Juhnke	Luther	Pelowski	Thompson
Carlson	Gray	Kahn	Mahoney	Peterson	Wagenius
Clark, K.	Greiling	Kalis	Mariani	Pugh	Wasiluk
Davnie	Hausman	Kelliher	Marko	Rhodes	Winter
Dawkins	Hilstrom	Koskinen	McGuire	Rukavina
Dehler	Hilty	Kubly	Milbert	Schumacher
Dibble	Huntley	Larson	Mullery	Sertich
Dorn	Jaros	Leighton	Murphy	Skoglund

Those who voted in the negative were:

Abeler	Dorman	Holberg	Marquart	Penas	Vandeveer
Abrams	Eastlund	Holsten	McElroy	Rifenberg	Walz
Anderson, B.	Erhardt	Howes	Molnau	Ruth	Wenzel
Bishop	Erickson	Jacobson	Mulder	Seagren	Westerberg
Boudreau	Finseth	Johnson, J.	Ness	Seifert	Westrom
Bradley	Fuller	Kielkucki	Nornes	Skoe	Wilkin
Buesgens	Gerlach	Knoblach	Olson	Smith	Wolf
Cassell	Goodno	Krinkie	Osskopp	Stang	Workman
Clark, J.	Gunther	Kuisle	Otremba	Swenson	Spk. Sviggum
Daggett	Haas	Lindner	Ozment	Sykora
Davids	Hackbarth	Lipman	Paulsen	Tingelstad
Dempsey	Harder	Mares	Pawlenty	Tuma

The motion did not prevail and the amendment to the amendment was not adopted.

The question recurred on the Kielkucki et al amendment and the roll was called. There were 78 yeas and 54 nays as follows:

Those who voted in the affirmative were:

Abeler	Erickson	Johnson, J.	Molnau	Rifenberg	Tingelstad
Anderson, B.	Finseth	Juhnke	Mulder	Ruth	Tuma
Bishop	Fuller	Kielkucki	Ness	Schumacher	Vandeveer
Boudreau	Gerlach	Knoblach	Nornes	Seagren	Walz
Bradley	Goodno	Krinkie	Olson	Seifert	Wasiluk
Buesgens	Gunther	Kubly	Opatz	Skoe	Wenzel
Cassell	Haas	Kuisle	Osskopp	Slawik	Westerberg
Clark, J.	Hackbarth	Larson	Otremba	Smith	Westrom
Daggett	Harder	Lenczewski	Ozment	Stanek	Wilkin
Davids	Holberg	Lindner	Paulsen	Stang	Winter
Dehler	Holsten	Lipman	Pawlenty	Swenson	Wolf
Dempsey	Howes	Mares	Penas	Sykora	Workman
Eastlund	Jacobson	Marquart	Peterson	Thompson	Spk. Sviggum