1.1.................... moves to amend H.F. No. 2037 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2008, section 3.9741, subdivision 2, is amended to read:
1.4 Subd. 2.
Postsecondary Education Board. The legislative auditor may enter into
1.5an interagency agreement with the Board of Trustees of the Minnesota State Colleges and
1.6Universities to conduct financial audits, in addition to audits conducted under section
1.73.972, subdivision 2
. All payments received for audits requested by the board shall be
1.8added to the appropriation for deposited in the special revenue fund and appropriated to
1.9the legislative auditor
to pay audit expenses.
[LEGISLATIVE AUDITOR]
1.10 Sec. 2. Minnesota Statutes 2008, section 8.15, subdivision 3, is amended to read:
1.11 Subd. 3.
Agreements. (a) To facilitate the delivery of legal services, the attorney
1.12general may:
1.13(1) enter into agreements with executive branch agencies, political subdivisions, or
1.14quasi-state agencies to provide legal services for the benefit of the citizens of Minnesota;
1.15and
1.16(2) in addition to funds otherwise appropriated by the legislature, accept and spend
1.17funds received under any agreement authorized in clause (1) for the purpose set forth in
1.18clause (1), subject to a report of receipts to the chairs of the senate Finance Committee and
1.19the house of representatives Ways and Means Committee by October 15 each year.
1.20(b) When entering into an agreement for legal services, the attorney general must
1.21notify the committees responsible for funding the Office of the Attorney General. When
1.22the attorney general enters into an agreement with a state agency, the attorney general
1.23must also notify the committees responsible for funding that agency.
1.24Funds received under this subdivision must be deposited in
the general an account
1.25in the special revenue fund and are appropriated to the attorney general for the purposes
1.26set forth in this subdivision.
[ATTORNEY GENERAL]
2.1 Sec. 3. Minnesota Statutes 2008, section 13.03, subdivision 10, is amended to read:
2.2 Subd. 10.
Costs for providing copies of data. Money
may be collected by a
2.3responsible authority in a state agency for the actual cost to the agency of providing copies
2.4or electronic transmittal of government data
is appropriated to the agency and added to
2.5the appropriations from which the costs were paid.
When funds collected for purposes in
2.6this subdivision are of a magnitude sufficient to warrant a separate account in the state
2.7treasury, those funds shall be deposited in a fund other than the general fund and are
2.8appropriated to the agency. [ATTORNEY GENERAL AND COURTS]
2.9 Sec. 4. Minnesota Statutes 2008, section 16C.23, subdivision 6, is amended to read:
2.10 Subd. 6.
State surplus property. The commissioner may do any of the following to
2.11dispose of state surplus property:
2.12(1) transfer it to or between state agencies;
2.13(2) transfer it to a governmental unit or nonprofit organization in Minnesota; or
2.14(3) sell it and charge a fee to cover expenses incurred by the commissioner in the
2.15disposal of the surplus property.
2.16The proceeds of the sale less the fee
must be deposited in an account in a fund
2.17other than the general fund and are appropriated to the agency for whose account the sale
2.18was made, to be used and expended by that agency to purchase similar state property.
2.19[ADMINISTRATION]
2.20 Sec. 5. Minnesota Statutes 2008, section 103B.101, subdivision 9, is amended to read:
2.21 Subd. 9.
Powers and duties. In addition to the powers and duties prescribed
2.22elsewhere, the board shall:
2.23(1) coordinate the water and soil resources planning activities of counties, soil and
2.24water conservation districts, watershed districts, watershed management organizations,
2.25and any other local units of government through its various authorities for approval of
2.26local plans, administration of state grants, and by other means as may be appropriate;
2.27(2) facilitate communication and coordination among state agencies in cooperation
2.28with the Environmental Quality Board, and between state and local units of government,
2.29in order to make the expertise and resources of state agencies involved in water and soil
2.30resources management available to the local units of government to the greatest extent
2.31possible;
2.32(3) coordinate state and local interests with respect to the study in southwestern
2.33Minnesota under United States Code, title 16, section 1009;
3.1(4) develop information and education programs designed to increase awareness
3.2of local water and soil resources problems and awareness of opportunities for local
3.3government involvement in preventing or solving them;
3.4(5) provide a forum for the discussion of local issues and opportunities relating
3.5to water and soil resources management;
3.6(6) adopt an annual budget and work program that integrate the various functions
3.7and responsibilities assigned to it by law; and
3.8(7) report to the governor and the legislature by October 15 of each even-numbered
3.9year with an assessment of board programs and recommendations for any program
3.10changes and board membership changes necessary to improve state and local efforts
3.11in water and soil resources management.
3.12The board may accept grants, gifts, donations, or contributions in money, services,
3.13materials, or otherwise from the United States, a state agency, or other source to achieve
3.14an authorized purpose. The board may enter into a contract or agreement necessary or
3.15appropriate to accomplish the transfer. The board may receive and expend money to
3.16acquire conservation easements, as defined in chapter 84C, on behalf of the state and
3.17federal government consistent with the Camp Ripley's Army Compatible Use Buffer
3.18Project.
3.19Any money received is hereby
deposited in an account in a fund other than the
3.20general fund and appropriated and dedicated for the purpose for which it is granted.
3.21[BOARD OF WATER AND SOIL RESOURCES]
3.22 Sec. 6. Minnesota Statutes 2008, section 103I.681, subdivision 11, is amended to read:
3.23 Subd. 11.
Permit fee schedule. (a) The commissioner of natural resources shall
3.24adopt a permit fee schedule under chapter 14. The schedule may provide minimum fees
3.25for various classes of permits, and additional fees, which may be imposed subsequent
3.26to the application, based on the cost of receiving, processing, analyzing, and issuing
3.27the permit, and the actual inspecting and monitoring of the activities authorized by the
3.28permit, including costs of consulting services.
3.29(b) A fee may not be imposed on a state or federal governmental agency applying
3.30for a permit.
3.31(c) The fee schedule may provide for the refund of a fee, in whole or in part, under
3.32circumstances prescribed by the commissioner of natural resources. Fees received must
3.33be deposited in the state treasury and credited to
the general an account in the natural
3.34resources fund. Permit fees received are appropriated annually from the
general natural
3.35resources fund to the commissioner of natural resources for the costs of inspecting and
4.1monitoring the activities authorized by the permit, including costs of consulting services.
4.2[DEPARTMENT OF NATURAL RESOURCES]
4.3 Sec. 7. Minnesota Statutes 2008, section 116J.551, subdivision 1, is amended to read:
4.4 Subdivision 1.
Grant account. A contaminated site cleanup and development grant
4.5account is created in the
general special revenue fund. Money in the account may be used,
4.6as appropriated by law, to make grants as provided in section
116J.554 and to pay for the
4.7commissioner's costs in reviewing applications and making grants. Notwithstanding
4.8section
16A.28, money appropriated to the account for this program from any source is
4.9available until spent.
[DEPARTMENT OF EMPLOYMENT AND ECONOMIC
4.10DEVELOPMENT]
4.11 Sec. 8. Minnesota Statutes 2008, section 190.32, is amended to read:
4.12190.32 FEDERAL REIMBURSEMENT RECEIPTS.
4.13The Department of Military Affairs may deposit federal reimbursement receipts into
4.14the general fund an account
in the special revenue fund, maintenance of military training
4.15facilities. These receipts are for services, supplies, and materials initially purchased by the
4.16Camp Ripley maintenance account.
[MILITARY AFFAIRS]
4.17 Sec. 9. Minnesota Statutes 2008, section 260C.331, subdivision 6, is amended to read:
4.18 Subd. 6.
Guardian ad litem fees. (a) In proceedings in which the court appoints a
4.19guardian ad litem pursuant to section
260C.163, subdivision 5, clause (a), the court may
4.20inquire into the ability of the parents to pay for the guardian ad litem's services and,
4.21after giving the parents a reasonable opportunity to be heard, may order the parents to
4.22pay guardian fees.
4.23(b) In each fiscal year, the commissioner of management and budget shall deposit
4.24guardian ad litem reimbursements in the
general special revenue fund and credit them to a
4.25separate account with the trial courts. The balance of this account is appropriated to the
4.26trial courts and does not cancel but is available until expended. Expenditures by the
4.27state court administrator's office from this account must be based on the amount of the
4.28guardian ad litem reimbursements received by the state from the courts in each judicial
4.29district.
[SUPREME COURT]
4.30 Sec. 10. Minnesota Statutes 2009 Supplement, section 270.97, is amended to read:
4.31270.97 DEPOSIT OF REVENUES.
5.1The commissioner shall deposit all revenues derived from the tax, interest, and
5.2penalties received from the county in the contaminated site cleanup and development
5.3account in the
general special revenue fund and is annually appropriated to the
5.4commissioner of the Department of Employment and Economic Development, for the
5.5purposes of section
116J.551.
[REVENUE]
5.6 Sec. 11. Minnesota Statutes 2008, section 299C.48, is amended to read:
5.7299C.48 CONNECTION BY AUTHORIZED AGENCY; FEE,
5.8APPROPRIATION.
5.9(a) An agency authorized under section
299C.46, subdivision 3, may connect with
5.10and participate in the criminal justice data communications network upon approval
5.11of the commissioner of public safety; provided, that the agency shall first agree to pay
5.12installation charges as may be necessary for connection and monthly operational charges
5.13as may be established by the commissioner of public safety. Before participation by a
5.14criminal justice agency may be approved, the agency must have executed an agreement
5.15with the commissioner providing for security of network facilities and restrictions on
5.16access to data supplied to and received through the network.
5.17(b) In addition to any fee otherwise authorized, the commissioner of public safety
5.18shall impose a fee for providing secure dial-up or Internet access for criminal justice
5.19agencies and noncriminal justice agencies. The following monthly fees apply:
5.20(1) criminal justice agency accessing via Internet, $15;
5.21(2) criminal justice agency accessing via dial-up, $35;
5.22(3) noncriminal justice agency accessing via Internet, $35; and
5.23(4) noncriminal justice agency accessing via dial-up, $35.
5.24(c) The installation and monthly operational charges collected by the commissioner
5.25of public safety under paragraphs (a) and (b)
must be deposited in an account in the special
5.26revenue fund and are annually appropriated to the commissioner to administer sections
5.27299C.46
to
299C.50.
[DEPARTMENT OF PUBLIC SAFETY]
5.28 Sec. 12. Minnesota Statutes 2008, section 299E.02, is amended to read:
5.29299E.02 CONTRACT SERVICES; APPROPRIATION.
5.30Fees charged for contracted security services provided by the Capitol Complex
5.31Security Division of the Department of Public Safety
must be deposited in an account in the
5.32special revenue fund and are annually appropriated to the commissioner of public safety to
5.33administer and provide these services.
[DEPARTMENT OF PUBLIC SAFETY]
6.1 Sec. 13. Minnesota Statutes 2008, section 446A.086, subdivision 2, is amended to read:
6.2 Subd. 2.
Application. (a) This section provides a state guarantee of the payment of
6.3principal and interest on debt obligations if:
6.4 (1) the obligations are issued after June 30, 2000;
6.5 (2) application to the Public Facilities Authority is made before issuance; and
6.6 (3) the obligations are covered by an agreement meeting the requirements of
6.7subdivision 3.
6.8 (b) Applications to be covered by the provisions of this section must be made in a
6.9form and contain the information prescribed by the authority. Applications are subject to
6.10either a fee of $500 for each bond issue requested by a county or governmental unit or the
6.11applicable fees under section
446A.087.
6.12 (c) Application fees paid under this section must be deposited in a separate credit
6.13enhancement bond guarantee account in the
general special revenue fund. Money in the
6.14credit enhancement bond guarantee account is appropriated to the authority for purposes
6.15of administering this section.
6.16 (d) Neither the authority nor the commissioner is required to promulgate
6.17administrative rules under this section and the procedures and requirements
6.18established by the authority or commissioner under this section are not subject
6.19to chapter 14.
[DEPARTMENT OF EMPLOYMENT AND ECONOMIC
6.20DEVELOPMENT/PUBLIC FACILITIES AUTHORITY]
6.21 Sec. 14. Minnesota Statutes 2008, section 469.177, subdivision 11, is amended to read:
6.22 Subd. 11.
Deduction for enforcement costs; appropriation. (a) The county
6.23treasurer shall deduct an amount equal to 0.25 percent of any increment distributed to an
6.24authority or municipality. The county treasurer shall pay the amount deducted to the
6.25commissioner of management and budget for deposit in
the state general an account in
6.26the special revenue fund.
6.27(b) The amounts deducted and paid under paragraph (a) are appropriated to the state
6.28auditor for the cost of (1) the financial reporting of tax increment financing information
6.29and (2) the cost of examining and auditing of authorities' use of tax increment financing
6.30as provided under section
469.1771, subdivision 1. Notwithstanding section
16A.28 or
6.31any other law to the contrary, this appropriation does not cancel and remains available
6.32until spent.
6.33(c) For taxes payable in 2002 and thereafter, the commissioner of revenue shall
6.34increase the percent in paragraph (a) to a percent equal to the product of the percent in
6.35paragraph (a) and the amount that the statewide tax increment levy for taxes payable in
7.12002 would have been without the class rate changes in this act and the elimination of the
7.2general education levy in this act divided by the statewide tax increment levy for taxes
7.3payable in 2002.
[STATE AUDITOR]
7.4 Sec. 15. Minnesota Statutes 2008, section 609.3241, is amended to read:
7.5609.3241 PENALTY ASSESSMENT AUTHORIZED.
7.6When a court sentences an adult convicted of violating section
609.322 or
609.324,
7.7while acting other than as a prostitute, the court shall impose an assessment of not less
7.8than $250 and not more than $500 for a violation of section
609.324, subdivision 2, or a
7.9misdemeanor violation of section
609.324, subdivision 3; otherwise the court shall impose
7.10an assessment of not less than $500 and not more than $1,000. The mandatory minimum
7.11portion of the assessment is to be used for the purposes described in section
626.558,
7.12subdivision 2a
, and is in addition to the surcharge required by section
357.021, subdivision
7.136
. Any portion of the assessment imposed in excess of the mandatory minimum amount
7.14shall be
forwarded to the general deposited in an account in the special revenue fund and
7.15is appropriated annually to the commissioner of public safety. The commissioner, with
7.16the assistance of the General Crime Victims Advisory Council, shall use money received
7.17under this section for grants to agencies that provide assistance to individuals who have
7.18stopped or wish to stop engaging in prostitution. Grant money may be used to provide
7.19these individuals with medical care, child care, temporary housing, and educational
7.20expenses.
[DEPARTMENT OF PUBLIC SAFETY]
7.21 Sec. 16. Minnesota Statutes 2008, section 611.20, subdivision 3, is amended to read:
7.22 Subd. 3.
Reimbursement. In each fiscal year, the commissioner of management
7.23and budget shall deposit the payments in the
general special revenue fund and credit them
7.24to a separate account with the Board of Public Defense. The amount credited to this
7.25account is appropriated to the Board of Public Defense.
7.26The balance of this account does not cancel but is available until expended.
7.27Expenditures by the board from this account for each judicial district public defense office
7.28must be based on the amount of the payments received by the state from the courts in
7.29each judicial district. A district public defender's office that receives money under this
7.30subdivision shall use the money to supplement office overhead payments to part-time
7.31attorneys providing public defense services in the district. By January 15 of each year,
7.32the Board of Public Defense shall report to the chairs and ranking minority members of
7.33the senate and house of representatives divisions having jurisdiction over criminal justice
7.34funding on the amount appropriated under this subdivision, the number of cases handled by
8.1each district public defender's office, the number of cases in which reimbursements were
8.2ordered, the average amount of reimbursement ordered, and the average amount of money
8.3received by part-time attorneys under this subdivision.
[PUBLIC DEFENSE BOARD]
8.4 Sec. 17. Laws 1994, chapter 531, section 1, is amended to read:
8.5 Section 1.
SALE OF WILDLIFE LANDS.
8.6 Notwithstanding Minnesota Statutes, sections
84.027, subdivision 10;
92.45;
94.09
8.7to
94.165;
97A.135;
103F.535, or any other law, the commissioner of administration may
8.8sell lands located in the Gordy Yaeger wildlife management area in Olmsted county. The
8.9consideration for the lands described in sections 2 and 3 shall be $950 per acre. The
8.10conveyances shall be by
guitclaim quitclaim deed in a form approved by the attorney
8.11general and shall reserve to the state all minerals and mineral rights. The proceeds received
8.12from the sales are to be deposited in
an account in the
general natural resources fund and
8.13are appropriated to the commissioner of natural resources for acquisition of replacement
8.14wildlife management area lands. These sales are pursuant to the recommendation of
8.15the Gordy Yaeger wildlife management area advisory committee.
[DEPARTMENT
8.16OF NATURAL RESOURCES]
8.17 Sec. 18.
EFFECTIVE DATE.
8.18Sections 1 to 17 are effective July 1, 2010."
8.19Amend the title accordingly