Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1993, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1993
CHAPTER 192-S.F.No. 1620
An act relating to the organization and operation of
state government; appropriating money for the general
legislative, judicial, and administrative expenses of
state government; providing for the transfer of
certain money in the state treasury; fixing and
limiting the amount of fees, penalties, and other
costs to be collected in certain cases; transferring
certain duties and functions; amending Minnesota
Statutes 1992, sections 3.971, by adding a
subdivision; 8.15;
16A.011, subdivisions 5, 6, and 14; 16A.04,
subdivision 1; 16A.055, subdivision 1; 16A.06,
subdivision 4; 16A.065; 16A.10, subdivisions 1 and 2;
16A.105; 16A.11, subdivisions 1 and 3; 16A.129, by
adding a subdivision; 16A.15, subdivisions 1, 5, and
6; 16A.152, by adding subdivisions; 16A.1541; 16A.28;
16A.281; 16A.58; 16A.69, subdivision 2; 16A.72;
16B.24, subdivision 9; 16B.41; 16B.43, subdivision 1;
16B.92; 43A.045; 192.501, subdivision 2; 196.051,
subdivision 3; 196.054, subdivision 2; 198.16;
240A.02, subdivision 1; 240A.03, by adding a
subdivision; 270.063; 271.07; 309.501; 352.96,
subdivision 3; 354B.05; 356.24, subdivision 1;
357.021, subdivisions 1a and 2; 357.022; 357.08;
357.18, subdivision 3; 484.74, subdivision 1; 484.76,
subdivision 1; 508.82; 508A.82; 548.23; 548.30;
549.02; 593.48; and 609.101, subdivision 4; proposing
coding for new law in Minnesota Statutes, chapters 3;
11A; 13; 15; 15A; 16A; 197; and 609; proposing coding for
new law as Minnesota Statutes, chapter 491A; repealing
Minnesota Statutes 1992, sections 13.072; 16A.095,
subdivision 3; 16A.123; 16A.128; 16A.1281; 16A.35;
16A.45, subdivisions 2 and 3; 16A.80; 290A.24; and
309.502; Laws 1989, chapter 335.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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 "1993," "1994," and "1995," where used in this act, mean
that the appropriation or appropriations listed under them are
available for the year ending June 30, 1993, June 30, 1994, or
June 30, 1995, respectively.
SUMMARY BY FUND
BIENNIAL
1993 1994 1995 TOTAL
General $650,000 $ 335,939,000 $ 332,409,000 $ 668,348,000
Environmental 206,000 206,000 412,000
Highway User 1,669,000 1,669,000 3,338,000
State Government
Special Revenue 2,378,000 2,378,000 4,756,000
Special Revenue 4,338,000 4,338,000 8,676,000
Trunk Highway 1,032,000 1,032,000 2,064,000
Workers' Compensation 3,897,000 3,902,000 7,799,000
Game and Fish 140,000 140,000 280,000
TOTAL 349,599,000 346,074,000 695,673,000
APPROPRIATIONS
Available for the Year
Ending June 30
1994 1995
Sec. 2. LEGISLATURE
Subdivision 1. Total
Appropriation 46,009,000 48,909,000
Summary by Fund
General 45,977,000 48,877,000
Trunk Highway 32,000 32,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Senate 14,736,000 15,787,000
$1,275,000 of the carryforward balance
of the appropriation to the senate for
fiscal year 1993 is canceled to the
general fund.
Subd. 3. House of Representatives 20,500,000 21,904,000
Funds previously appropriated to the
house of representatives and carried
forward into the biennium beginning
July 1, 1993, may be used only as
provided in this section. The first
$400,000 of any carryforward must be
placed in a special account that may be
used only for special sessions, interim
activity, or other public hearing or
outreach purposes and related
activities. Any additional funds may
be used only for technology or
telecommunication system improvements
and related activities.
Subd. 4. Legislative
Coordinating Commission 6,835,000 7,342,000
Summary by Fund
General 6,803,000 7,237,000
Trunk Highway 32,000 32,000
(a) Legislative Reference Library
1994 1995
903,000 874,000
(b) Revisor of Statutes
3,994,000 4,413,000
(c) Great Lakes Commission
40,000 40,000
(d) Legislative Commission on the
Economic Status of Women
180,000 175,000
(e) Legislative Commission on
Employee Relations
106,000 104,000
(f) Legislative Commission
on Pensions and Retirement
504,000 524,000
(g) Legislative Commission on
Planning and Fiscal Policy
57,000 56,000
The second 50 percent of the
appropriation to the department of
finance for the statewide systems
project is available only if the
commissioner of finance seeks and
receives a recommendation from the
legislative commission on planning and
fiscal policy on the degree to which
the project will improve legislative
access to information on the systems.
The recommendation is advisory only.
Failure of the commission to make a
recommendation within 30 days of the
commissioner's request shall be
considered a negative recommendation.
The commissioner shall seek a
recommendation no later than October 1,
1993.
The legislative commission on planning
and fiscal policy shall appoint a
working group to work with the
department of finance to facilitate
improved legislative access to
executive branch budgeting and
accounting information that is public
data.
(h) Legislative Commission to
Review Administrative Rules
136,000 134,000
(i) Legislative Commission on
Waste Management
179,000 177,000
(j) Legislative Water Commission
99,000 99,000
The legislative water commission shall
report to the legislature by March 1,
1994, on water supply constraints in
the area to be served by the Lewis and
Clark rural water system. The report
shall include the commission's analysis
of the environmental and public policy
aspects of importing or exporting water
from the state.
(k) Mississippi River Parkway
Commission
42,000 32,000
Summary by Fund
General 10,000
Trunk Highway 32,000 32,000
$10,000 the first year is from the
general fund to the Mississippi river
parkway commission to study the
feasibility of starting an annual
"Mississippi river games" competition.
The sports event would rotate between
the Twin Cities, St. Louis, Memphis,
and New Orleans. The study shall
consider possible events and potential
sources of funding. The study must
include methods for ensuring that there
will be an approximately equal number
of participants of each gender in the
games. The commission shall report to
the state government divisions of the
house and senate by February 1, 1994.
(l) Legislative Coordinating
Commission - General Support
273,000 267,000
(m) Legislative Coordinating
Commission - Nongeneral Support
463,000 516,000
$70,000 the first year and $72,000 the
second year are reserved for
unanticipated costs of agencies in this
subdivision and subdivision 5. The
legislative coordinating commission may
transfer necessary amounts from this
appropriation to the appropriations of
the agencies concerned, and the amounts
transferred are appropriated to those
agencies to be spent by them. If the
appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
$95,000 the first year and $99,000 the
second year are for the state
contribution to the National Conference
of State Legislatures.
$83,000 the first year and $87,000 the
second year are for the state
contribution to the Council of State
Governments.
$182,000 the first year and $233,000
the second year are for the
subcommittee on geographic information
systems.
$8,000 the first year and $8,000 the
second year are for the regent
candidate advisory council.
$25,000 the first year and $15,000 the
second year are for the higher
education board candidate advisory
council.
Notwithstanding Laws 1991, chapter 356,
article 9, section 8, the terms of the
members of the initial higher education
board shall expire as provided by this
section. Four of the members appointed
by the governor shall have their terms
expire in three years, one in five
years, and one in seven years from July
1, 1991. One member appointed by each
higher education system shall have a
term expiring five years from July 1,
1991, and one member appointed by each
higher education system shall have a
term expiring seven years from July 1,
1991. Members shall choose their terms
by lot.
The legislative coordinating commission
shall study the feasibility of
coordinating television production and
other public outreach facilities
between the house of representatives
and the senate.
The legislative coordinating commission
shall study the feasibility of allowing
senators whose offices are in the state
office building and who are concerned
about personal security to park in the
state office building parking ramp.
(n) General Reduction
(141,000) (142,000)
The legislative coordinating commission
shall make a general reduction of
$283,000 in either year of the biennium
from the legislative commissions. None
of the reduction may be taken from the
legislative auditor, the legislative
audit commission, or the legislative
commission on employee relations.
Subd. 5. Legislative Audit
Commission 3,938,000 3,949,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Legislative Audit Commission
15,000 15,000
(b) Legislative Auditor
3,923,000 3,934,000
$115,000 the first year and $115,000
the second year is for review of agency
performance reports.
Subd. 6. Compensation Council
The salary increases for legislators
and constitutional officers recommended
in 1989 by the compensation council to
take effect January 6, 1992, must not
take effect until January 2, 1995.
A compensation council shall be
appointed by September 1, 1993, in the
manner provided in Minnesota Statutes,
section 15A.082, subdivision 2. The
compensation council, in consultation
with outside compensation specialists,
must evaluate and make recommendations
to the senate committee on governmental
operations and reform and the house
committee on governmental operations
and gambling on compensation levels,
and procedures for periodically
reviewing and adjusting compensation
levels, for positions listed in
Minnesota Statutes, sections 15A.081,
subdivisions 1, 7, and 7b; and 15A.082,
subdivision 1. The report must include
comparisons with other comparable
positions in the public and private
sector and consider the nonmonetary
rewards of public service. The
compensation council expires upon
submission of the recommendations
required by Minnesota Statutes, section
15A.082, subdivision 3.
Sec. 3. SUPREME COURT
Subdivision 1. Total
Appropriation $ 18,135,000 $ 18,135,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Supreme Court Operations
3,860,000 3,860,000
$2,500 the first year and $2,500 the
second year are for a contingent
account for expenses necessary for the
normal operation of the court for which
no other reimbursement is provided.
$25,000 the first year and $25,000 the
second year are to implement the racial
bias task force recommendations.
Subd. 3. Civil Legal Services
4,507,000 4,507,000
$4,507,000 the first year and
$4,507,000 the second year are for
legal service to low-income clients and
for family farm legal assistance under
Minnesota Statutes, section 480.242.
Any unencumbered balance remaining in
the first year does not cancel but is
available for the second year of the
biennium. A qualified legal services
program, as defined in Minnesota
Statutes, section 480.24, subdivision
3, may provide legal services to
persons eligible for family farm legal
assistance under Minnesota Statutes,
section 480.242.
Subd. 4. Family Law Legal
Services
877,000 877,000
$877,000 the first year and $877,000
the second year are to improve the
access of low-income clients to legal
representation in family law matters
and must be distributed under Minnesota
Statutes, section 480.242, to the
qualified legal services programs
described in Minnesota Statutes,
section 480.242, subdivision 2,
paragraph (a). Any unencumbered
balance remaining in the first year
does not cancel and is available for
the second year of the biennium.
Subd. 5. State Court Administration
7,237,000 7,237,000
$75,000 of the appropriation in Laws
1992, chapter 571, article 18, section
8, is available until expended for the
advisory task force on the juvenile
justice system.
Subd. 6. Law Library Operations
1,654,000 1,654,000
Sec. 4. COURT OF APPEALS 5,700,000 5,700,000
Sec. 5. DISTRICT COURTS 60,423,000 60,423,000
Sec. 6. BOARD OF JUDICIAL
STANDARDS 177,000 177,000
Sec. 7. TAX COURT 518,000 515,000
Sec. 8. GOVERNOR AND
LIEUTENANT GOVERNOR 3,470,000 3,471,000
This appropriation is to fund the
offices of the governor and lieutenant
governor.
$16,000 the first year and $16,000 the
second year are for necessary expenses
in the normal performance of the
governor's duties for which no other
reimbursement is provided.
$1,000 the first year and $1,000 the
second year are for necessary expenses
in the normal performance of the
lieutenant governor's duties for which
no other reimbursement is provided.
$95,000 the first year and $95,000 the
second year are for membership dues of
the National Governors Association.
$20,000 the first year is for the
Council of Great Lakes Governors.
During the biennium any seminars or
training sessions regarding federal
issues for federal budgeting that are
conducted by the Washington office
shall be made available to legislators
and legislative staff. The Washington
office shall notify the majority leader
and the minority leader of the senate
and the speaker and the minority leader
of the house of representatives
regarding the timing of the seminars.
By August 15 of each year, the
commissioner of finance shall report to
the chairs of the jobs, energy, and
community development finance division
of the senate and the state government
division of the house of
representatives those personnel costs
incurred by the office of the governor
and the 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. 9. STATE AUDITOR 7,210,000 7,439,000
$77,000 the first year and $77,000 the
second year are for an account the
auditor may bill for costs associated
with conducting single audits of
federal funds. During the biennium,
this account may be used only when no
other billing mechanism is feasible.
The total amount accumulated during the
biennium ending June 30, 1993 for
potential back pay of salary and
benefits for an employee of the state
auditor who was discharged from
employment on April 15, 1991, but who
is contesting the discharge, shall be
carried forward by the office of the
state auditor for use in the biennium
ending June 30, 1995.
$45,000 each year is for annual
compliance audits for Hennepin county.
Sec. 10. STATE TREASURER 2,461,000 2,473,000
$1,135,000 each year is for the
treasurer to pay for banking services
by fees rather than by compensating
balances.
Sec. 11. ATTORNEY GENERAL
Subdivision 1. Total
Appropriation 22,641,000 22,470,000
Summary by Fund
General 20,282,000 20,111,000
Special Revenue 178,000 178,000
Environmental 115,000 115,000
State Government
Special Revenue 2,066,000 2,066,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Government Services
5,087,000 5,087,000
Summary by Fund
General 3,021,000 3,021,000
State Government
Special Revenue 2,066,000 2,066,000
Subd. 3. Public and
Human Resources
4,840,000 4,358,000
Summary by Fund
General 4,662,000 4,180,000
Special Revenue 178,000 178,000
$500,000 the first year for the Mille
Lacs treaty litigation is available for
expenditure with the approval of the
governor after consultation with the
legislative advisory commission under
Minnesota Statutes, section 3.30. Any
unencumbered balance remaining in the
first year does not cancel, but is
available for the second year.
Subd. 4. Law Enforcement
4,172,000 4,193,000
Summary by Fund
General 4,057,000 4,078,000
Environmental 115,000 115,000
Subd. 5. Legal Policy and
Administration
2,846,000 2,846,000
Subd. 6. Business Regulation
4,310,000 4,317,000
$15,000 the first year and $15,000 the
second year to the business regulation
program of the attorney general to
conduct, or contract for, data
collection and analysis regarding
gender equity in high school athletics.
Subd. 7. Solicitor General
2,138,000 2,138,000
In order to increase the accountability
of all parties and to simplify the
current practices for paying for legal
services, the attorney general shall
establish a task force to review and
make recommendations to the legislature
regarding funding options to pay for
all legal services provided to
executive branch agencies. In addition
to attorney general staff, members of
the task force shall include fiscal
staff from both houses of the
legislature, staff of the department of
finance, and staff from small and large
executive branch client agencies. The
ability to pay shall not be the only
criteria used to allocate legal
services. The task force shall study
funding options that insure the
availability of legal services from the
attorney general's office essential to
meet program needs of all executive
branch agencies. The attorney general
shall report the recommendations of the
task force to the legislature by March
1, 1994.
Subd. 8. General Reduction
(752,000) (469,000)
The attorney general shall allocate the
general reduction among the office's
programs.
Sec. 12. INVESTMENT BOARD 2,013,000 2,031,000
Any unencumbered balance remaining in
the first year does not cancel but is
available for the second year of the
biennium.
$50,000 the first year and $50,000 the
second year are to evaluate bids for
deferred compensation options and to
review periodically the performance of
companies currently under contract.
All these costs must be assessed
against the companies that have been
awarded contracts.
Sec. 13. ADMINISTRATIVE HEARINGS 3,797,000 3,802,000
This appropriation is from the workers'
compensation special compensation fund
for considering workers' compensation
claims.
$100,000 each year is for an internship
program in which students at Minnesota
law schools will serve as law clerks
for judges in the workers' compensation
division.
$180,000 each year is for additional
clerical support for workers'
compensation judges.
Sec. 14. OFFICE OF STRATEGIC
AND LONG-RANGE PLANNING 3,576,000 3,596,000
$844,000 the first year and $866,000
the second year are for the land
management information center.
Sec. 15. ADMINISTRATION
Subdivision 1. Total
Appropriation 28,370,000 27,200,000
Summary by Fund
General 24,148,000 22,978,000
Special Revenue 4,160,000 4,160,000
State Government
Special Revenue 62,000 62,000
Subd. 2. Operations Management
4,823,000 4,645,000
Before purchasing and implementing
electronic data interchange technology
in the procurement process, the
department must: (1) plan a
reengineering of the process and
develop a plan for implementing the
reengineering; (2) develop policies and
procedures on trading partner
agreements for the project; (3)
complete a life cycle analysis; and (4)
develop a technology implementation
plan. All plans and policies in this
paragraph must be approved by the
information policy office before
hardware or software for the project is
purchased.
The department shall assure that the
EDI project is coordinated with the
statewide systems project. The
department shall involve affected state
agencies and others in project planning
and implementation.
Amounts appropriated for the EDI
initiative may be spent in either year
of the biennium.
The department of human services shall
transfer $33,000 each year to the
department of administration to expand
bulk purchasing of medical supplies for
the medical assistance program.
Subd. 3. Intertechnologies Group
Summary by Fund
General 3,528,000 2,372,000
Special Revenue 4,160,000 4,160,000
The appropriation from the special
revenue fund each year of $4,160,000 is
for recurring costs of 911 emergency
telephone service.
$3,450,000 is appropriated as a loan
from the general fund to the
intertechnologies revolving fund for
development of the STARS system. This
amount must be repaid before the end of
the biennium. Plans for expenditure of
these funds must be approved by the
information policy office before the
funds are spent.
$2,000,000 must be transferred from the
intertechnology revolving fund to the
general fund.
Notwithstanding any other law to the
contrary, the commissioner of
administration may, with the approval
of the commissioner of finance, make
loans from an internal service or
enterprise fund to another internal
service or enterprise fund.
Subd. 4. Facilities Management
8,850,000 8,860,000
$4,485,000 the first year and
$4,484,000 the second year are for
office space costs of the legislature
and veterans organizations, for
ceremonial space, and for statutorily
free space.
$150,000 the first year is to pay the
department's portion of the settlement
in Sylvester Brothers, v. Burlington
Northern, et al., for cleanup of the
East Bethel landfill. The unobligated
balance of the appropriation in Laws
1991, chapter 345, article 1, section
17, subdivision 4, for agency
relocation, consolidation, and
colocation, is canceled to the general
fund.
The decision of the department of
administration to deposit a March 1992
check from the Johns Manville Trust in
the amount of $302,749 in the asbestos
abatement account in the state building
fund is ratified.
Subd. 5. Administrative Management
Summary by Fund
General 4,603,000 4,656,000
Special Revenue 62,000 62,000
$2,000 the first year and $2,000 the
second year are for the state
employees' band.
A biennial appropriation of $124,000 to
the commissioner of administration
shall be used for processing and
oversight of grants and allocations in
the oil overcharge program. This
appropriation is from oil overcharge
money, as defined in Minnesota
Statutes, section 4.071, in the special
revenue fund.
$1,271,000 the first year and
$1,272,000 the second year are for
matching grants for public television.
$600,000 the first year and $600,000
the second year are for public
television equipment needs. Equipment
grant allocations shall be made after
considering the recommendations of the
Minnesota public television
association. Special emphasis shall be
given by public television grant
recipients for children's programming
such as the Sesame Street preschool
educational program and extending Mr.
Rogers Neighborhood to child care.
$300,000 the first year and $300,000
the second year are for operational
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.
$356,000 the first year and $331,000
the second year are for equipment
grants to public radio stations. These
grants must be allocated after
considering the recommendations of the
Association of Minnesota Public
Educational Radio Stations and
Minnesota Public Radio, Inc.
$25,000 the first year and $25,000 the
second year are for grants to the Twin
Cities regional cable channel.
If an appropriation for either year for
grants to public television or radio
stations is not sufficient, the
appropriation for the other year is
available for it.
$80,000 each year is for transfer to
the bureau of mediation services for
the office of dispute resolution.
All grants made by the System of
Technology to Achieve Results (STAR)
shall be distributed in a manner to
ensure that grants are awarded
throughout the state.
Subd. 6. Management Analysis
535,000 609,000
The management analysis division shall
study the desirability of creating an
independent information policy office.
The division shall report its findings
to the legislative commission on
planning and fiscal policy by December
1, 1993. The commission shall make
recommendations for any needed
legislative changes to the house of
representatives and senate governmental
operations committees by February 1,
1994.
Subd. 7. Information Policy Office
1,809,000 1,836,000
$181,000 the first year and $185,000
the second year must be subtracted from
the amount that would otherwise be
payable to local government aid under
Minnesota Statutes, chapter 477A, in
order to fund the intergovernmental
information systems advisory council.
$115,000 the first year and $90,000 the
second year are for giving opinions
under Minnesota Statutes, section
13.072.
Sec. 16. CAPITOL AREA ARCHITECTURAL
AND PLANNING BOARD 326,000 334,000
Any unencumbered balance of the
appropriation for the first year does
not cancel and is available for use in
the second year.
$75,000 the first year and $82,000 the
second year are to create a memorial to
Hubert H. Humphrey in the capitol
area. Of these amounts, up to $75,000
may be used by the board to select an
appropriate site for the memorial.
$82,000 is available only as matched,
one state dollar for three dollars, by
contributions from nonstate sources.
The board shall establish design
requirements, choose the design, and
oversee construction of the memorial.
In establishing the memorial, the board
may accept money from nonstate sources
and contract with other private or
public agencies. The appropriation is
available until expended.
Sec. 17. FINANCE
Subdivision 1. Total
Appropriation 24,527,000 16,662,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Economic Analysis
289,000 300,000
Subd. 3. Accounting Services
19,303,000 12,711,000
$4,640,000 the first year and
$3,869,000 the second year are to
implement the accounts receivable
project. The commissioner of finance
may transfer money to the commissioners
of human services and revenue and the
attorney general. Any unencumbered
balance remaining in the first year
does not cancel but is available for
the second year of the biennium.
$10,300,000 the first year and
$4,700,000 the second year are for the
statewide systems project. If the
appropriation for the statewide systems
project in either year is insufficient,
the appropriation for the other year is
available. The commissioner of finance
shall report monthly during the
biennium ending June 30, 1995, to the
chairs of the senate finance committee
and the house of representatives ways
and means committee on the expenditure
of this appropriation and the progress
of the statewide systems project.
$285,000 is for transfer by August 1,
1993, to the legislative commission on
planning and fiscal policy for the
purpose of improving legislative access
to executive branch budgeting and
accounting information. None of the
other money appropriated in this
section for the statewide systems
project may be spent until the transfer
to the legislative commission on
planning and fiscal policy has occurred.
The budgeting and accounting portions
of the statewide systems project must
be designed so that all public data in
these systems are available to the
legislature at the time the data are
available to executive branch agencies.
The commissioner of finance, in
consultation with affected agencies,
shall reengineer work processes in
preparation for the new state
accounting, purchasing, and personnel
systems.
The commissioner shall develop a joint
work plan with the department of
administration to implement electronic
data interchange. The commissioner
shall prepare plans for migrating to
open systems, and shall develop plans
for an automated interface with the
local government financial system. The
commissioner must submit these plans to
the information policy office for
review and approval.
Subd. 4. Budget Analysis and
Operations
2,089,000 2,147,000
By October 1, 1994, the commissioner of
finance shall coordinate the
preparation of a report which
identifies the estimated direct and
indirect budget savings anticipated
from the enacted funding of investment
initiatives within the fiscal year
1994-1995 budget. The report shall
identify current and estimated future
funding requirements as well as direct
and indirect benefits by year covering
the current and two future biennia.
The commissioner shall subsequently
report to the legislative commission on
planning and fiscal policy by November
1 of each year documented costs and
savings compared to original estimates.
Each agency shall retain responsibility
for monitoring and documenting
savings. If actual savings and
benefits vary from original estimates,
the report must include agency plans to
ensure ongoing savings.
Subd. 5. Cash and Debt Management
1,544,000 126,000
$1,422,000 the first year is for grants
to the cities of Minneapolis and St.
Paul for debt service payments due on
bonds issued for metropolitan area
parks.
Subd. 6. Management and
Administrative Services
1,302,000 1,378,000
Sec. 18. EMPLOYEE RELATIONS
Subdivision 1. Total
Appropriation 8,059,000 7,932,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Human Resources
Management
6,439,000 6,424,000
Thirty percent of the amount used each
year to fund grants to the government
training service is from the general
fund. Seventy percent of the amount
used each year to fund grants to the
government training service must be
subtracted from the amount that would
otherwise be payable to local
government aid under Minnesota
Statutes, chapter 477A.
In order to maximize the delivery of
services to the public, if layoffs of
state employees as defined in Minnesota
Statutes, chapter 43A, are necessary
during the biennium ending June 30,
1995, the agency shall make every
effort to reduce at least the same
percentage of management and
supervisory personnel as line and
support personnel.
State agencies must demonstrate that
they cannot use available staff before
hiring outside consultants or
services. As state agencies implement
reductions in their operating budgets
in the biennium ending June 30, 1995,
agencies shall give priority to
reducing spending on professional and
technical contracts before laying off
permanent employees. Agencies must
report on the specific manner in which
this directive is implemented to the
senate finance and house ways and means
committees by February 1, 1994, and
February 1, 1995. Where outside
consultants and services are necessary,
agencies are encouraged to negotiate
contracts that will involve permanent
staff so as to upgrade and maximize
training of state personnel. Money
spent on outside consultants must be
reported by February 1, 1995, to the
senate finance and house of
representatives ways and means
committees.
$375,000 the first year and $370,000
the second year is to begin
implementation of the human resource
management project recommendations
regarding performance management system
training, retraining project grants,
centralized recruitment and
redeployment, communications, and
policy development.
The commissioner shall seek to enhance
the availability of the job-sharing
program under Minnesota Statutes,
sections 43A.40 to 43A.46 to the extent
that: (1) additional employees wish to
participate in the program; and (2) use
of the program is consistent with
effective management of state agencies.
Subd. 3. Employee Insurance
1,620,000 1,508,000
$104,000 the first year and $104,000
the second year from the general fund
are for the right-to-know contracts
administered through the employee
insurance division.
Any refund to the state from the
workers' compensation reinsurance
association before July 1, 1995, is to
be deposited in the general fund. The
portion of the refund that is not
attributable to the general fund shall
be paid to the proper fund by the
commissioner of finance.
$1,416,000 the first year and
$1,312,000 the second year from the
general fund are for workers'
compensation reinsurance premiums.
$100,000 each year is for a health
promotion and disease prevention grant
program for state agencies. A state
agency may apply to the commissioner of
employee relations for a grant of up to
$25,000. In evaluating grant
applications, the commissioner shall
give highest priority to proposals that
will maximize health care cost savings,
maximize increased productivity, and
minimize workers compensation claims.
Each agency that receives a grant under
this section must establish a committee
that includes affected employees. The
committee must assist the agency in
planning, implementing, and evaluating
the programs implemented with grant
funds. The commissioner of employee
relations must report to the
legislature by January 15, 1996. The
report must evaluate the results of the
grant program, including the effect of
the program on health care costs,
workers' compensation claims, and
productivity.
Sec. 19. REVENUE
Subdivision 1. Total
Appropriation 73,531,000 74,087,000
Summary by Fund
General 71,446,000 72,002,000
Environmental 91,000 91,000
Highway User 1,669,000 1,669,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Income Tax System
36,208,000 36,643,000
$3,100,000 each year is to improve
direct services to taxpayers, expand
individual and small business audit and
nonfiler detection, and to provide
ongoing development and support for new
return filing and payment technologies.
Subd. 3. Withholding Tax System
5,651,000 5,639,000
Subd. 4. Sales and Use Tax System
25,519,000 25,637,000
Summary by Fund
General 23,459,000 23,577,000
Environmental 91,000 91,000
Highway User 1,669,000 1,669,000
Local Government
Trust 300,000 300,000
Subd. 5. Property Tax System
6,128,000 6,143,000
$55,000 the first year and $55,000 the
second year must be subtracted from the
total taconite production tax revenues
distributed to local units of
government. These amounts shall be
credited to the general fund and
appropriated to the department of
revenue for the costs and expenses
incurred by the department in
collecting and distributing taconite
production tax revenues.
Subd. 6. Reporting
The commissioner shall report quarterly
to the chairs of the senate finance and
tax committees and house of
representatives ways and means and tax
committees and to the commissioner of
finance on all funds expended and
corresponding revenues received in the
audit and collection divisions.
Sec. 20. AMATEUR SPORTS
COMMISSION 451,000 451,000
$15,000 each year is available for
promotion of women's sports.
Sec. 21. COMMISSIONER OF
HUMAN RIGHTS 3,211,000 3,171,000
For 1993 - $150,000
This appropriation is to pay workers'
compensation claims.
Of this appropriation, $40,000 is for
enhancement of information systems.
Before purchasing hardware and
software, the department shall develop
an agencywide strategic information
plan and submit the plan to the
information policy office for review
and approval. The department shall use
the plan to determine future system
management needs, including
administration, software project
management, support staffing, and
information asset security. The
department shall develop a project
information system life cycle analysis
to identify costs, benefits, and risks,
and a comprehensive records retention
schedule for paper and electronic
records. With the approval of the
information policy office, the balance
of the $40,000 appropriation not needed
for analysis of information management
functions, can be used by the
department to purchase hardware and
software.
Sec. 22. MILITARY AFFAIRS
Subdivision 1. Total
Appropriation 9,248,000 9,249,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Maintenance of Training
Facilities
5,361,000 5,362,000
The appropriation for planning and
remodeling grants for 12 armories
scheduled to be sold or disposed of
pursuant to Laws 1992, chapter 511,
article 2, section 50, is available
until June 30, 1995.
Subd. 3. General Support
1,537,000 1,537,000
$75,000 the first year and $75,000 the
second year are for expenses of
military forces ordered to active duty
under Minnesota Statutes, chapter 192.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Subd. 4. Enlistment Incentives
2,350,000 2,350,000
$1,530,750 the first year and
$1,604,250 the second year are for the
tuition reimbursement program.
$484,250 the first year and $410,750
the second year are for the
reenlistment bonus program.
Obligations for the reenlistment bonus
program, suspended on December 31,
1991, shall be paid from the amounts
available within the entire enlistment
incentives program.
If appropriations for either year of
the biennium are insufficient, the
appropriation from the other year is
available. The appropriations for
enlistment incentives are available
until expended.
Sec. 23. VETERANS AFFAIRS 3,103,000 3,119,000
Of this appropriation, $310,000 is for
grants to county veterans offices for
training of county veterans service
officers.
$1,048,000 the first year and
$1,048,000 the second year are for
emergency financial and medical needs
of veterans. For the biennium ending
June 30, 1995, the commissioner shall
limit financial assistance to veterans
and dependents to six months, unless
recipients have been certified as
ineligible for other benefit programs.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
With the approval of the commissioner
of finance, the commissioner of
veterans affairs may transfer the
unencumbered balance from the veterans
relief program to other department
programs during the fiscal year. The
commissioner of veterans affairs shall
provide background information
explaining why the unencumbered balance
exists. The amounts transferred must
be identified to the chairs of the
senate finance committee division on
state government and the house
governmental operations and gambling
committee division on state government
finance.
$250,000 the first year and $250,000
the second year are for a grant to the
Vinland National Center.
Sec. 24. VETERANS OF FOREIGN
WARS 31,000 31,000
For carrying out the provisions of Laws
1945, chapter 455.
Sec. 25. MILITARY ORDER OF
THE PURPLE HEART 10,000 10,000
Sec. 26. DISABLED AMERICAN VETERANS 12,000 12,000
For carrying out the provisions of Laws
1941, chapter 425.
Sec. 27. STATE-PAID INSURANCE
SUPPLEMENT
Subdivision 1. Appropriations 4,890,000 4,890,000
Except as limited by the direct
appropriations in this section, the
amounts necessary to pay increases in
employer-paid insurance benefits during
the biennium are appropriated to the
commissioner of finance from the
various funds in the state treasury
from which salaries are paid. In the
case of salaries that are paid from one
fund, but that fund is reimbursed by
another fund, the amounts necessary to
make those reimbursements are also
appropriated.
Summary by Fund
General 3,750,000 3,750,000
Game and Fish 140,000 140,000
Trunk Highway 1,000,000 1,000,000
Subd. 2. Increases Covered
The state-paid insurance benefit
increases covered by this section are
those paid to classified and
unclassified employees and officers in
the executive, judicial, and
legislative branches of state
government, and to employees of the
Minnesota historical society, state
university system, and community
college system who are paid from state
appropriations. The increases must be
authorized by current law, be
authorized by appropriate resolutions
for employees of the legislature, or
result from collective bargaining
agreements and changes in employer-paid
insurance benefits associated with
those agreements which are given
interim approval by the legislative
commission on employee relations under
Minnesota Statutes, sections 3.855 and
43A.18, or 179A.22, subdivision 4.
By January 1, 1994, the commissioner of
employee relations must estimate any
increases covered by this section and
certify the amount necessary for each
agency. During the biennium, the
commissioner of finance shall transfer
the necessary amounts to the proper
accounts and shall promptly notify the
house of representatives ways and means
committee and the senate finance
committee of the amount transferred to
each appropriation account. If the
appropriated amounts are insufficient,
the commissioner of finance shall
proportionally allocate available
funding among agencies. Any
appropriation balance remaining the
first year does not cancel, but is
available for the second year.
Sec. 28. GENERAL CONTINGENT
ACCOUNTS 550,000 550,000
Summary by Fund
General 200,000 200,000
Special Revenue 250,000 250,000
Workers' Compensation 100,000 100,000
The appropriations in this section must
be spent with the approval of the
governor after consultation with the
legislative advisory commission under
Minnesota Statutes, section 3.30.
If an appropriation in this section for
either year is insufficient, the
appropriation for the other year is
available for it.
The special revenue appropriation is
available to be transferred to the
attorney general when the costs to
provide legal services to the health
boards exceed the biennial
appropriation to the attorney general
from the special revenue fund. The
boards receiving the additional
services shall set their fees to cover
the costs.
Sec. 29. TORT CLAIMS 300,000 300,000
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 2,200,000 2,200,000
The amounts estimated to be needed for
each program are as follows:
(a) Legislators
2,000,000 2,000,000
Under Minnesota Statutes, sections
3A.03, subdivision 2; 3A.04,
subdivisions 3 and 4; and 3A.11.
(b) Constitutional Officers
200,000 200,000
Under Minnesota Statutes, sections
352C.031, subdivision 5; 352C.04,
subdivision 3; and 352C.09, subdivision
2.
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 11,005,000 11,005,000
$10,455,000 the first year and
$10,455,000 the second year are to the
commissioner of finance for payment to
the Minneapolis employees retirement
fund under Minnesota Statutes, section
422A.101, subdivision 3. Payment must
be made in four equal installments,
March 15, July 15, September 15, and
November 15, each year.
$550,000 the first year and $550,000
the second year are to the commissioner
of finance for payment to the
Minneapolis employees retirement fund
for the supplemental benefit for
pre-1973 retirees under Minnesota
Statutes, section 356.865.
Sec. 32. POLICE AND FIRE
AMORTIZATION AID 3,970,000 6,055,000
$3,417,000 the first year and
$5,055,000 the second year are to the
commissioner of revenue for state aid
to amortize the unfunded liability of
local police and salaried firefighters'
relief associations, under Minnesota
Statutes, section 423A.02. The
reduction of $2,085,000 the first year
from amounts otherwise payable as
amortization aid and supplemental
amortization aid is due to excess
investment earnings by the Minneapolis
police and fire relief associations and
reduces the aid apportionment otherwise
payable to the city of Minneapolis on
July 15, August 31, September 15, and
November 15, 1993.
$553,000 the first year and $1,000,000
the second year are to the commissioner
of revenue for supplemental state aid
to amortize the unfunded liability of
local police and salaried firefighters'
relief associations under Minnesota
Statutes, section 423A.02, subdivision
1a.
Sec. 33. [BASE CUT TRANSFERS.]
For any agency assigned base cuts in this act, the
proportion of agency base cuts for pass-through grants compared
to total agency base cuts may not exceed the proportion of
dollars appropriated for pass-through grants in the agency
compared to total dollars appropriated to that agency.
Sec. 34. [3.196] [AUDITS.]
The house of representatives and the senate shall each
contract with the state auditor or a certified public accountant
to perform an audit at least biennially.
Sec. 35. Minnesota Statutes 1992, section 3.971, is
amended by adding a subdivision to read:
Subd. 3. The legislative auditor, on a biennial schedule,
shall review agency performance reports to review and comment on
the appropriateness, validity, and reliability of the outcome
measures and data collection efforts. The legislative auditor
shall report the findings to agencies, the governor, the speaker
of the house of representatives, and the president of the senate.
Sec. 36. Minnesota Statutes 1992, section 8.15, is amended
to read:
8.15 [ATTORNEY GENERAL COSTS.]
The attorney general in consultation with the commissioner
of finance shall assess executive branch agencies a fee for
legal services rendered to them, except that the attorney
general may not assess the department of human rights for legal
representation on behalf of complaining parties who have filed a
charge of discrimination with the department. The assessment
against appropriations from other than the general fund must be
the full cost of providing the services. The assessment against
appropriations supported by fees must be included in the fee
calculation. The assessment against appropriations from the
general fund not supported by fees must be one-half of the cost
of providing the services. An amount equal to the general fund
receipts in the even-numbered year of the biennium is
appropriated to the attorney general for each year of the
succeeding biennium. All other receipts from assessments must
be deposited in the state treasury and credited to the general
fund.
The attorney general in consultation with the commissioner
of finance shall assess political subdivisions fees to cover
half the cost of legal services rendered to them; except that
the attorney general may not assess a county any fee for legal
services rendered in connection with a psychopathic personality
commitment proceeding under section 526.10 for which the
attorney general assumes responsibility under section 8.01.
Sec. 37. [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) The disclosure required by this section must be filed
with the ethical practices 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 ethical practices
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.10.
Sec. 38. [13.072] [OPINIONS BY THE COMMISSIONER.]
Subdivision 1. [OPINION; WHEN REQUIRED.] (a) Upon request
of a state agency, statewide system, or political subdivision,
the commissioner may give a written opinion on any question
relating to public access to government data, rights of subjects
of data, or classification of data under this chapter or other
Minnesota statutes governing government data practices. Upon
request of any person who disagrees with a determination
regarding data practices made by a state agency, statewide
system, or political subdivision, the commissioner may give a
written opinion regarding the person's rights as a subject of
government data or right to have access to government data. If
the commissioner determines that no opinion will be issued, the
commissioner shall give the state agency, statewide system,
political subdivision, or person requesting the opinion notice
of the decision not to issue the opinion within five days of
receipt of the request. If this notice is not given, the
commissioner shall issue an opinion within 20 days of receipt of
the request. For good cause and upon written notice to the
person requesting the opinion, the commissioner may extend this
deadline for one additional 30-day period. The notice must
state the reason for extending the deadline. The state agency,
statewide system, or political subdivision must be provided a
reasonable opportunity to explain the reasons for its decision
regarding the data. The commissioner or the state agency,
statewide system, or political subdivision may choose to give
notice to the subject of the data concerning the dispute
regarding the data.
(b) This section does not apply to a question involving the
exercise of a discretionary power specifically granted by
statute to a responsible authority to withhold or grant access
to government data in a manner different than the data's general
statutory classification.
(c) A written opinion issued by the attorney general shall
take precedence over an opinion issued by the commissioner under
this section.
Subd. 2. [EFFECT.] Opinions issued by the commissioner
under this section are not binding on the state agency,
statewide system, or political subdivision whose data is the
subject of the opinion, but must be given deference by a court
in a proceeding involving the data. The commissioner shall
arrange for public dissemination of opinions issued under this
section. This section does not preclude a person from bringing
any other action under this chapter or other law in addition to
or instead of requesting a written opinion. A state agency,
statewide system, political subdivision, or person that acts in
conformity with a written opinion of the commissioner is not
liable for compensatory or exemplary damages or awards of
attorneys fees in actions under section 13.08 or for a penalty
under section 13.09.
Subd. 3. [FEE.] A state agency, statewide system, or
political subdivision that requests an opinion must pay a fee of
$200 for each request.
Sec. 39. [15.90] [PURPOSE.]
The purposes of sections 15.90 to 15.92 are:
(1) to generate information so that the legislature can
determine the extent to which state programs are successful;
(2) to develop clear goals and priorities for state
programs;
(3) to strengthen accountability to Minnesotans by
providing a record of state government's performance in
providing effective and efficient services; and
(4) to create appropriate incentives and systems that will
allow and encourage the best work by state employees.
Sec. 40. [15.91] [PERFORMANCE REPORTING FOR AGENCIES OF
STATE GOVERNMENT.]
Subdivision 1. [DEFINITION.] For purposes of sections
15.90 to 15.92, "agency" means a department or agency, as
designated in section 15.01.
Subd. 2. [PERFORMANCE REPORTS.] (a) Each agency shall
develop a performance report for its operations. The report
shall include each of the following items or an explanation of
why an item does not apply to the agency:
(1) a statement of the mission, goals, and objectives of
the agency including those set forth in statute;
(2) measures and goals of the output and outcome of the
agency;
(3) identification of priority and other service
populations, or other service measures, under current law and
how those populations are expected to change within the period
of the report;
(4) plans for how outcome information can be used as an
incentive for improving state programs and program outcomes;
(5) requests for statutory flexibility needed to reach
outcome goals;
(6) explanation of outcome information that could be
available with new data collection systems; and
(7) other information that may be required.
The goals required under clause (1): (i) must be simple
declarative statements of intent; (ii) should carry benchmarks
for accomplishment; and (iii) should be specific enough so
citizens can measure progress year to year.
(b) Each agency shall issue a draft report by November 1,
1993, a first annual report by September 1, 1994, and annual
updated reports no later than September 1 of each year beginning
in 1995. A report must cover a period of four years previous
and two years in the future from the date that it is required to
be issued, including previous forecasts versus actual measures.
(c) Each agency shall send a copy of each report issued to
the governor, the speaker of the house of representatives, the
president of the senate, the legislative commission on planning
and fiscal policy, the legislative auditor, the commissioner of
finance, and two copies to the legislative reference library.
(d) The legislative auditor shall review the drafts and
give comments to agencies and the legislature before September
1, 1994, and shall review and give comments on annual reports on
a rotating biennial schedule.
(e) State agency reports shall be compiled as required in
this paragraph. The commissioner of finance, in consultation
with the commissioner of administration, the legislative
commission on planning and fiscal policy, and the finance
committees and divisions of the house of representatives and
senate, shall:
(1) develop forms and instructions for the use of the
agencies in the preparation of their reports;
(2) work with individual agencies to determine acceptable
measures of workload, output, and outcome for use in reports;
and
(3) request any needed additional information concerning
any agency report submitted.
Each agency shall include citizens, agency clients,
consumer and advocacy groups, worker participation committees,
managers, elected officials, and contractors in its planning.
Sec. 41. [15.92] [WORKER PARTICIPATION COMMITTEES.]
(a) In the development of outcome measures and incentive
programs, each agency shall create a committee including
representatives of employees and employers. The committee must
be given adequate time to perform the functions prescribed in
paragraph (b). Each exclusive representative of employees shall
select a committee member from each of its bargaining units in
each affected agency. The head of each agency shall select an
employee member from each unit of employees not represented by
an exclusive representative. The agency head shall also appoint
one or more committee members to represent the agency. The
number of members appointed by the agency head, however, may not
exceed the total number of members representing bargaining units.
(b) A committee established under paragraph (a) shall:
(1) identify other employer and employee issues related to
improving the delivery of the agency's program and services;
(2) identify barriers to the effective and efficient
delivery of services;
(3) participate in the development of the agency's outcome
measures and incentive programs; and
(4) meet as desired for the purpose of developing solutions
to problems shared by employees and employer within the agency.
Sec. 42. [15A.086] [LIMITS ON BONUS PAYMENTS.]
Notwithstanding any
law to the contrary, an employee of the state lottery or of a
public corporation or nonprofit corporation created by law may
not receive bonus payments in any year that exceed ten percent
of the employee's base salary for that year. For purposes of
this section, bonus payments include any combination of merit
pay, achievement awards, or any other cash payments in addition
to base salary, other than severance pay or overtime or holiday
pay. Groups covered by this section include, but are not
limited to, the Workers' Compensation Reinsurance Association,
the Minnesota Insurance Guaranty Association, the Fair plan, the
Joint Underwriters Association, the Minnesota Joint Underwriters
Association, the Life and Health Guaranty Association, the
Minnesota Comprehensive Health Association, the Minnesota State
High School League, Minnesota Technology, Inc., Agricultural
Utilization Research Institute, Minnesota Project Outreach
Corporation, State Fund Mutual Insurance Company, the World
Trade Center Corporation, and the State Agricultural Society.
This section does not give any entity authority to grant a bonus
not otherwise authorized by law.
Sec. 43. Minnesota Statutes 1992, section 16A.011,
subdivision 5, is amended to read:
Subd. 5. [APPROPRIATIONS WAYS AND MEANS COMMITTEE.]
"Appropriations Ways and means committee" means the
appropriations chief fiscal committee of the house of
representatives.
Sec. 44. Minnesota Statutes 1992, section 16A.011,
subdivision 6, is amended to read:
Subd. 6. [BIENNIUM.] "Biennium" means a period of two
consecutive fiscal years beginning in an odd-numbered calendar
year and ending in the next odd-numbered calendar year. On July
1, 1984, the current biennium is the 1983-1985 biennium.
Sec. 45. Minnesota Statutes 1992, section 16A.011,
subdivision 14, is amended to read:
Subd. 14. [FISCAL YEAR.] "Fiscal year" means the period
beginning at midnight between June 30 and July 1 and ending 12
months later. On July 1, 1984, the current fiscal year is 1985.
Sec. 46. Minnesota Statutes 1992, section 16A.04,
subdivision 1, is amended to read:
Subdivision 1. [TO PREPARE, CONSULT, SUPERVISE.] The
commissioner shall prepare the biennial budget with four-year
projections on of revenues and expenditures for both the
biennial budget period and the biennium following the biennial
budget period. The governor shall supervise the preparation
unless there is a governor-elect, who then shall provide the
supervision.
Sec. 47. Minnesota Statutes 1992, section 16A.055,
subdivision 1, is amended to read:
Subdivision 1. [LIST.] The commissioner shall:
(1) receive and record all money paid into the state
treasury and safely keep it until lawfully paid out;
(2) manage the state's financial affairs;
(3) keep the state's general account books according to
generally accepted government accounting principles;
(4) keep expenditure and revenue accounts according to
generally accepted government accounting principles;
(5) develop, provide instructions for, prescribe, and
manage a state uniform accounting system;
(6) provide to the state the expertise to ensure that all
state funds are accounted for under generally accepted
government accounting principles; and
(7) coordinate the development of, and develop maintain
standards for, internal auditing in state agencies and, in
cooperation with the commissioner of administration, report to
the legislature and the governor by December 31, 1990 of
even-numbered years, on progress made.
Sec. 48. Minnesota Statutes 1992, section 16A.06,
subdivision 4, is amended to read:
Subd. 4. [OBJECTIVES REPORTING AGENCY PERFORMANCE.] The
commissioner from time to time shall require each executive
agency to write objectives on the department's form for its
authorized activities and functions. The objectives must be
specific as to amount and time so that their performance can be
measured. The objectives must cover the current and the next
biennium. Executive agencies shall prepare performance-based
budget plans according to schedules, forms, and standards as
established by the commissioner. The commissioner may also
require other periodic reports of agency performance.
Sec. 49. Minnesota Statutes 1992, section 16A.065, is
amended to read:
16A.065 [PREPAY SOFTWARE, SUBSCRIPTIONS, UNITED STATES
DOCUMENTS.]
Despite Notwithstanding section 16A.41, subdivision 1, the
commissioner may allow an agency to make advance deposits or
payments for software or software maintenance services for
state-owned or leased electronic data processing equipment, for
sole source maintenance agreements where it is not cost
effective cost-effective to pay in arrears, for exhibit booth
space rental when required by the renter to guarantee the
availability of space, for registration fees where advance
payment is required or advance payment discount is provided, and
for newspaper, magazine, and other subscription fees customarily
paid for in advance. The commissioner may also allow advance
deposits by any department with the Library of Congress and
federal Supervisor of Documents for items to be purchased from
those federal agencies.
Sec. 50. Minnesota Statutes 1992, section 16A.10,
subdivision 1, is amended to read:
Subdivision 1. [BY MAY 1 AND SEPTEMBER 1 BUDGET
FORMAT.] In each even-numbered calendar year the commissioner
shall prepare the budget forms and instructions for all
agencies, subject to the approval of the governor. The
commissioner shall consult with request and receive advisory
recommendations from the chairs of the senate finance committee
and house of representatives appropriations ways and means
committee, as well as their respective division chairs, before
adopting a format for the biennial budget document. By May 1
June 15, the commissioner shall send the proposed budget forms
to the appropriations and finance committees. The committees
have until June 1 July 15 to give the commissioner their
advisory recommendations on possible improvements. By September
1, the commissioner shall send each agency enough forms to make
its budget estimates. To facilitate this consultation, the
commissioner shall establish a working group consisting of
executive branch staff and designees of the chairs of the senate
finance and house of representatives ways and means committees.
The commissioner must involve this group in all stages of
development of budget forms and instructions. The forms budget
format must show actual expenditures and receipts for the two
most recent fiscal years, estimated expenditures and receipts
for the current fiscal year, and estimates for each fiscal year
of the next biennium, and an estimated appropriation balance at
the end of the current fiscal year. Estimated expenditures must
be classified by funds and character of expenditures and may be
subclassified by programs and activities. Agency revenue
estimates must show how the estimates were made and what factors
were used. Receipts must be classified by funds, programs, and
activities. Expenditure and revenue estimates must be based on
the law in existence at the time the estimates are prepared.
Sec. 51. Minnesota Statutes 1992, section 16A.10,
subdivision 2, is amended to read:
Subd. 2. [BY OCTOBER 1 15 AND NOVEMBER 15 30.] By
October 1 15 of each even-numbered year, an agency must file the
following with the commissioner:
(1) its budget and departmental earnings estimates for the
most recent and current fiscal years;
(2) its upcoming biennial budget and departmental earnings
estimates;
(3) a comprehensive and integrated statement of agency
missions and outcome and performance measures; and
(4) a concise explanation of any requests for increased
appropriations, expansion planned changes in the level of
services, or new activities;
(3) a statement of work done during the current biennium
and proposed for the next biennium; and
(4) a list of each employee's name, title, and salary.
The commissioner shall prepare and file the budget
estimates for an agency failing to file them. By November 15
30, the commissioner shall send the final budget format,
departmental earnings report, agency budget plans or requests
for the next biennium, and copies of the filed material to
the appropriations ways and means and finance committees, except
that the commissioner shall not be required to transmit
information that identifies executive branch budget decision
items. At this time, a list of each employee's name, title, and
salary must be available to the legislature, either on paper or
through electronic retrieval.
Sec. 52. Minnesota Statutes 1992, section 16A.105, is
amended to read:
16A.105 [DEBT CAPACITY FORECAST.]
By January 14 December 1 of each odd-numbered even-numbered
year the governor shall submit to the legislature a debt
capacity forecast. The debt capacity forecast must include
statements of the indebtedness of the state for bonds, notes,
and other forms of long-term indebtedness that are not accounted
for in proprietary or fiduciary funds, including general
obligation bonds, moral obligation bonds, revenue bonds, loans,
grants payable, and capital leases. The forecast must show the
actual amount of the debt service for at least the past two
completed fiscal years, and the estimated amount for the current
fiscal year and the next six fiscal years, the debt authorized
and unissued, the condition of the sinking funds, and the
borrowing capacity for the next six fiscal years.
Sec. 53. Minnesota Statutes 1992, section 16A.11,
subdivision 1, is amended to read:
Subdivision 1. [WHEN.] The governor shall submit a
three-part budget to the legislature. Parts one and two, the
budget message and detailed operating budget, must be submitted
by the fourth Monday Tuesday in January in each odd-numbered
year. Part three, the detailed recommendations as to capital
expenditure, need not be must be submitted until June 15 as
follows: agency capital budget requests by June 15 of each
odd-numbered year; preliminary governor's recommendations by
September 1 of each odd-numbered year; and final recommendations
by February 1 of each even-numbered year.
Sec. 54. Minnesota Statutes 1992, section 16A.11,
subdivision 3, is amended to read:
Subd. 3. [PART TWO: DETAILED BUDGET.] Part two of the
budget, the detailed budget estimates both of expenditures and
revenues, shall contain any statements on the financial plan
which the governor believes desirable or which may be required
by the legislature. Part of the budget must be prepared using
performance-based budgeting concepts. In this subdivision,
"performance-based budgeting" means a budget system that
identifies agency outcomes and results and provides
comprehensive information regarding actual and proposed changes
in funding and outcomes. The detailed estimates shall include
the budget request plan of each agency arranged in tabular form
so it may readily be compared with the governor's budget for
each agency. They shall also include, as part of each agency's
organization chart, a summary of the personnel employed by the
agency, showing the complement approved by the legislature
full-time equivalent positions for the current biennium,
additional complement positions authorized through the governor
or the commissioner, positions transferred into or out of the
agency, additional part-time and seasonal positions and the
number of full-time equivalent employees of all kinds employed
by the agency on June 30 of the last complete fiscal year. The
summary of the number of employees must list employees by
employment status, including but not limited to full-time
unlimited, part-time unlimited, full-time or part-time seasonal,
intermittent, full-time or part-time temporary, full-time or
part-time emergency, and other. The summary of personnel shall
also be shown for each functional division of the agency, and
for each fund and type of appropriation.
Any increase in complement with the exception of federal
positions, approved by the commissioner of finance as temporary
positions, shall be reflected in the governor's budget
recommendations to the legislature as change request items.
These positions are not permanent positions until the
legislature has approved the change request items.
Sec. 55. [16A.122] [WORK FORCE PLANNING AND REPORTING.]
Subdivision 1. [AGENCY AUTHORIZED WORK FORCE.] Within any
limits imposed by law, state agencies may establish full-time,
part-time, or seasonal positions as necessary to carry out
assigned responsibilities and missions except that actual levels
of employment are limited by availability of appropriated
funding for salaries and benefits.
Subd. 2. [TRANSFERS FROM GRANTS PROHIBITED.] Unless
otherwise provided by law, an agency must not use grant or
flow-through funds for salaries or other operating purposes.
Subd. 3. [WORK FORCE REPORTING.] The commissioner shall
prepare quarterly work force reports as required for accurate
reporting of state employment levels, whether for internal
analysis or for nationwide comparisons of public employment
levels. The reports shall express total employment in terms of
full-time equivalent positions; shall indicate changes from
previous reporting periods; and shall take into account all
positions, including full-time, part-time, temporary, and other
employees. In this subdivision, a full-time equivalent position
means 2,080 working hours per year; except that the number of
work hours may vary, depending upon the exact number of working
days in any given year. Independent contractors are not to be
included within the definition of a full-time equivalent
position.
Subd. 4. [BUDGET REPORTING.] For purposes of budgetary
reporting, position counts must be expressed as full-time
equivalents as stipulated in subdivision 3. Estimated positions
must be based on actual funding in the year indicated. The
biennial budget document submitted to the legislature by the
governor shall indicate full-time equivalent base level
positions, the number of projected positions, and the number of
positions for each of the two years before the base year. The
governor's budget recommendations shall clearly specify any
proposed changes in full-time equivalent positions. All fiscal
notes and any other budgetary items submitted to the legislature
shall specify relevant changes, both in full-time equivalent
positions and accompanying changes in salary dollars.
Sec. 56. [16A.1285] [DEPARTMENTAL EARNINGS.]
Subdivision 1. [DEFINITIONS.] In this section,
"departmental earnings" means any charge for goods and services
and any regulatory, licensure, or other similar charges levied
by any state agency and paid by individuals, businesses, or
other nonstate entities. This definition must not be construed
to include general taxes collected by a state agency or charges
for services provided by one state agency to another state
agency.
Subd. 2. [POLICY.] Unless otherwise provided by law,
specific charges falling within definitions stipulated in
subdivision 1 must be set in the manner prescribed in this
subdivision provided that: (1) agencies, when setting,
adjusting, or authorizing any charge for goods or services that
are of direct, immediate, and primary benefit to an individual,
business, or other nonstate entity, shall set the charges at a
level that neither significantly over recovers nor under
recovers costs, including overhead costs, involved in providing
the services; or (2) that agencies, when setting, adjusting, or
establishing regulatory, licensure, or other charges that are
levied, in whole or in part, in the public interest shall
recover, but are not limited to, the costs involved in
performance and administration of the functions involved.
Subd. 3. [DUTIES OF THE COMMISSIONER OF FINANCE.] The
commissioner of finance shall classify, monitor, analyze, and
report all departmental earnings that fall within the definition
established in subdivision 1. Specifically, the commissioner
shall:
(1) establish and maintain a classification system that
clearly defines and distinguishes categories and types of
departmental earnings and takes into account the purpose of the
various earnings types and the extent to which various earnings
types serve a public or private interest;
(2) prepare a biennial report that documents collection
costs, purposes, and yields of all departmental earnings, the
report to be submitted to the legislature on or before November
30 of each even-numbered year and to include estimated data for
the year in which the report is prepared, actual data for the
two years immediately before, and estimates for the two years
immediately following; and
(3) prepare and maintain a detailed directory of all
departmental earnings.
Subd. 4. [RULEMAKING.] (a) Unless otherwise exempted or
unless specifically set by law, all charges for goods and
services, licenses, and regulation must be established or
adjusted as provided in chapter 14; except that agencies may
establish or adjust individual charges when:
(1) charges for goods and services are provided for the
direct and primary use of a private individual, business, or
other similar entity;
(2) charges are nonrecurring;
(3) charges would produce insignificant revenues;
(4) charges are billed within or between state agencies; or
(5) charges are for admissions to or for use of public
facilities operated by the state, if the charges are set
according to prevailing market conditions to recover operating
costs.
(b) In addition to the exceptions in paragraph (a),
agencies may adjust charges, with the approval of the
commissioner of finance, if the proposed adjustments are within
consumer price level (CPI) ranges stipulated by the commissioner
of finance, if the adjustments do not change the type or purpose
of the item being adjusted.
(c) Any departmental earnings changes or adjustments
authorized by the commissioner of finance must be reported to
the chairs of the senate committee on finance and the house ways
and means committee before August 1 of each year.
Subd. 5. [PROCEDURE.] The commissioner of finance shall
review and comment on all departmental charges submitted for
approval under chapter 14. The commissioner's comments and
recommendations must be included in the statement of need and
reasonableness and must address any fiscal and policy concerns
raised during the review process.
Sec. 57. Minnesota Statutes 1992, section 16A.129, is
amended by adding a subdivision to read:
Subd. 3. [CASH ADVANCES.] When the operations of any
nongeneral fund account would be impeded by projected cash
deficiencies resulting from delays in the receipt of grants,
dedicated income, or other similar receivables, and when the
deficiencies would be corrected within the budget period
involved, the commissioner of finance may transfer general fund
cash reserves into the accounts as necessary to meet cash
demands. The cash flow transfers must be returned to the
general fund as soon as sufficient cash balances are available
in the account to which the transfer was made. Any interest
earned on general fund cash flow transfers accrues to the
general fund and not to the accounts or funds to which the
transfer was made.
Sec. 58. Minnesota Statutes 1992, section 16A.15,
subdivision 1, is amended to read:
Subdivision 1. [REDUCTION.] (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 and cash flow reserve account
established in subdivision 6 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.
Sec. 59. Minnesota Statutes 1992, section 16A.15,
subdivision 5, is amended to read:
Subd. 5. [NOTICE TO COMMITTEES.] The commissioner shall
notify the committees on finance and taxes and tax laws of the
senate and the committees on appropriations ways and means and
taxes of the house of representatives of a reduction in an
allotment under subdivision 1 this section. The notice must be
in writing and delivered within 15 days of the commissioner's
act. The notice must specify:
(1) the amount of the reduction in the allotment;
(2) the agency and programs affected;
(3) the amount of any payment withheld; and
(4) any additional information the commissioner determines
is appropriate.
Sec. 60. Minnesota Statutes 1992, section 16A.15,
subdivision 6, is amended to read:
Subd. 6. [BUDGET RESERVE AND CASH FLOW RESERVE ACCOUNT
ESTABLISHED.] A budget reserve and cash flow reserve account is
created in the general fund in the state treasury. The
commissioner of finance shall, as authorized from time to time
by law, restrict part or all of the budgetary balance before
reserves in the general fund for use as may be necessary to fund
the budget reserve and cash flow reserve account as provided by
law from time to time. The commissioner of finance shall
transfer from the budget and cash flow reserve account the
amount necessary to bring the total amount, including any
existing balance in the account on July 1, 1992, to
$240,000,000. The amounts restricted shall remain in the
account until drawn down under subdivision 1 or increased under
section 16A.1541.
Sec. 61. Minnesota Statutes 1992, section 16A.152, is
amended by adding a subdivision to read:
Subd. 3. [USE.] The use of the budget reserve should be
governed by principles based on the full economic cycle rather
than the budget cycle. The budget reserve may be used when a
negative budgetary balance is projected and when objective
measures, such as reduced growth in total wages, retail sales,
or employment, reflect downturns in the state's economy.
Sec. 62. Minnesota Statutes 1992, section 16A.152, is
amended by adding a subdivision to read:
Subd. 5. [RESTORATION.] The restoration of the budget
reserve should be governed by principles based on the full
economic cycle rather than the budget cycle. Restoration of the
budget reserve should occur when objective measures, such as
increased growth in total wages, retail sales, or employment,
reflect upturns in the state's economy. The budget reserve
should be restored before new or increased spending commitments
are made.
Sec. 63. Minnesota Statutes 1992, section 16A.1541, is
amended to read:
16A.1541 [ADDITIONAL REVENUES; PRIORITY.]
If on the basis of a forecast of general fund revenues and
expenditures the commissioner of finance determines that there
will be a positive unrestricted budgetary general fund balance
at the close of the biennium, the commissioner of finance must
allocate money to the budget reserve and cash flow reserve
account until the total amount in the account equals five
percent of total general fund appropriations for the current
biennium as established by the most recent legislative session.
Beginning in November 1990, forecast unrestricted budgetary
general fund balances are first appropriated to restore the
budget reserve and cash flow reserve account to $550,000,000 and
then to reduce the property tax levy recognition percent under
section 121.904, subdivision 4a, to 27 percent before money is
allocated to the budget reserve and cash flow reserve account
under the preceding sentence.
The amounts necessary to meet the requirements of this
section are appropriated from the general fund.
Sec. 64. Minnesota Statutes 1992, section 16A.28, is
amended to read:
16A.28 [TREATMENT OF UNUSED APPROPRIATIONS.]
Subdivision 1. [CARRYFORWARD.] Agencies may carry forward
unexpended and unencumbered nongrant operating balances from the
first year of a biennium into the second year of the biennium.
Subd. 2. [USE OF CARRYFORWARD.] No money shall be carried
forward without the approval of the commissioner of finance.
Subd. 3. [LAPSE.] Except as specifically provided for in
appropriation acts, a part of an appropriation subject to this
section Any portion of any appropriation not carried forward and
remaining unexpended and unencumbered at the close of a fiscal
year lapses. The commissioner shall see that the remainder is
returned to the fund from which it was originally appropriated.
Any appropriation amounts not carried forward and remaining
unexpended and unencumbered at the close of a biennium lapse to
the fund from which the appropriation was made.
Subd. 2 4. [REINSTATEMENT; FINAL LAPSE.] The commissioner
may reinstate a lapsed appropriation within three months of the
lapse. A reinstated appropriation lapses again no later than
three months after it first lapsed. A payment under a
reinstated appropriation may be made only under section 16A.15,
subdivision 3.
Subd. 3 5. [PERMANENT IMPROVEMENTS.] An appropriation for
permanent improvements, including the acquisition of real
property does not lapse until the purposes of the appropriation
are determined by the commissioner, after consultation with the
affected agencies, to be accomplished or abandoned.
Subd. 4 6. [CANCELED SEPTEMBER 1.] On September 1 all
allotments and encumbrances for the last fiscal year shall be
canceled unless an agency head certifies to the commissioner
that there is an encumbrance for services rendered or goods
ordered in the last fiscal year, or certifies that funding will
be carried forward under subdivision 1. The commissioner may:
reinstate the part of the cancellation needed to meet the
certified encumbrance or charge the certified encumbrance
against the current year's appropriation.
Subd. 5 7. [EXCEPTIONS.] Except as otherwise expressly
provided by law, subdivisions 1 to 4 6 apply to every
appropriation of a stated sum for a specified purpose or
purposes heretofore or hereafter made, but do not, unless
expressly provided by law, apply to any fund or balance of a
fund derived wholly or partly from special taxes, fees,
earnings, fines, federal grants, or other sources that are by
law appropriated for special purposes by standing, continuing,
or revolving appropriations.
Sec. 65. Minnesota Statutes 1992, section 16A.281, is
amended to read:
16A.281 [APPROPRIATIONS TO LEGISLATURE EXEMPT.]
Except as provided in this section, section 16A.28 does not
apply applies to appropriations made to the legislature, the
senate, the house of representatives or its committees or
commissions. An appropriation made to the legislature, the
senate, the house of representatives, or a legislative
commission or committee other than a standing committee, if not
spent during the first year, may be spent during the second year
of a biennium. An unexpended balance not carried forward and
remaining unexpended and unencumbered at the end of a biennium
lapses and shall be returned to the fund from which
appropriated. Balances may be carried forward into the next
biennium and credited to special accounts to be used only as
follows: (1) for nonrecurring expenditures on investments that
enhance efficiency or improve effectiveness; (2) to pay expenses
associated with special sessions, interim activities, public
hearings, or other public outreach efforts and related
activities; and (3) to pay severance costs of involuntary
terminations. The approval of the commissioner of finance under
section 16A.28, subdivision 2, does not apply to the
legislature. An appropriation made to the legislature, the
senate, the house of representatives, or a standing committee
for all or part of a biennium may be spent in either year of the
biennium or the year before or after the biennium.
Sec. 66. [16A.285] [ALLOWED APPROPRIATION TRANSFERS.]
An agency may transfer state agency operational money
between programs within the same fund if: (1) the agency first
notifies the commissioner as to the type and intent of the
transfer; and (2) the transfer is consistent with legislative
intent. If an amount is specified for an item within an
activity, that amount must not be transferred or used for any
other purpose.
The commissioner shall report the transfers to the chairs
of the senate finance and house of representatives ways and
means committees.
Sec. 67. Minnesota Statutes 1992, section 16A.58, is
amended to read:
16A.58 [COMMISSIONER CUSTODIAN OF PAYMENT DOCUMENTS.]
The commissioner or the head of a state agency designated
by the commissioner is the custodian of original documents on
which money has been or may be paid out of or received in the
state treasury.
Sec. 68. Minnesota Statutes 1992, section 16A.69,
subdivision 2, is amended to read:
Subd. 2. [TRANSFER BETWEEN ACCOUNTS.] Upon the awarding of
final contracts for the completion of a project for construction
or other permanent improvement, or upon the abandonment of the
project, the agency to whom the appropriation was made may
transfer the unencumbered balance in the project account to
another project enumerated in the same section of that
appropriation act. The transfer must be made only to cover bids
for the other project that were higher than was estimated when
the appropriation for the other project was made and not to
cover an expansion of the other project. The money transferred
under this section is appropriated for the purposes for which
transferred. For transfers by the state board of technical
colleges, the total cost of both projects and the required local
share for both projects are adjusted accordingly. The agency
proposing a transfer shall report to the chair of the senate
finance committee and the chair of the house appropriations of
representatives ways and means committee before the transfer is
made under this subdivision.
Sec. 69. Minnesota Statutes 1992, section 16A.72, is
amended to read:
16A.72 [INCOME CREDITED TO GENERAL FUND; EXCEPTIONS.]
All income, including fees or receipts of any nature, shall
be credited to the general fund, except:
(1) federal aid;
(2) contributions, or reimbursements received for any
account of any division or department for which an appropriation
is made by law;
(3) income to the University of Minnesota;
(4) income to revolving funds now established in
institutions under the control of the commissioners of
corrections or human services;
(5) investment earnings resulting from the master lease
program, except that the amount credited to another fund or
account may not exceed the amount of the additional expense
incurred by that fund or account through participation in the
master lease program;
(6) receipts from the operation of patients' and inmates'
stores and vending machines, which shall be deposited in the
social welfare fund in each institution for the benefit of the
patients and inmates;
(7) money received in payment for services of inmate labor
employed in the industries carried on in the state correctional
facilities which receipts shall be credited to the current
expense fund of those facilities;
(8) as provided in sections 16B.57 and 85.22; or
(9) as otherwise provided by law; and
(10) income to the Minnesota historical society.
Sec. 70. Minnesota Statutes 1992, section 16B.24,
subdivision 9, is amended to read:
Subd. 9. [SMOKING IN STATE BUILDINGS.] (a) To protect the
public health, comfort, and environment and to protect the
nonsmoker's right to a smoke-free environment, smoking in all
buildings managed or leased by the commissioner under
subdivisions 1 and 6 is prohibited except in veterans homes
where smoking areas have been designated under a policy adopted
in accordance with paragraph (b).
(b) Except as provided in paragraph (c), each state agency
shall adopt a smoking policy for the space it occupies. Before
placing a policy in effect, the agency shall submit the policy
and a plan for implementing it to the commissioner of employee
relations. The policy must:
(1) prohibit smoking entirely; or
(2) A veterans home may permit smoking only in designated
areas, providing that existing physical barriers and ventilation
systems can be used to prevent the presence of smoke in adjacent
nonsmoking areas.
(c) An agency need not adopt a new policy governing an area
in which smoking is prohibited under a policy in effect on
January 1, 1989.
No employee complaining of a smoke-induced discomfort
violation of this subdivision to a lessor, lessee, manager, or
supervisor may be subjected to any disciplinary action as a
result of making the complaint.
Sec. 71. Minnesota Statutes 1992, section 16B.41, as
amended by Laws 1993, chapter 4, section 12, is amended to read:
16B.41 [STATE INFORMATION SYSTEMS MANAGEMENT POLICY
OFFICE.]
Subdivision 1. [ESTABLISHMENT AND PURPOSE.] An office of
information systems management is created. The information
policy office shall develop and establish a policy and standards
for state agencies to follow for the development, purchase, and
training for information systems. The purpose of the office is
to develop, promote, and coordinate a state technology,
architecture, standards and guidelines, information needs
analysis techniques, contracts for the purchase of equipment and
services, and training of state agency personnel on these issues.
Subd. 2. [RESPONSIBILITIES.] The office has the following
duties:
(a) The office must develop and establish a state
information architecture to ensure that further state agency
development and purchase of information systems equipment and
software is directed in such a manner that individual agency
information systems complement and do not needlessly duplicate
or needlessly conflict with the systems of other agencies. In
those instances where state agencies have need for the same or
similar computer data, the commissioner shall ensure that the
most efficient and cost-effective method of producing and
storing data for or sharing data between those agencies is
used. The development of this information architecture must
include the establishment of standards and guidelines to be
followed by state agencies. The commissioner of administration
must establish interim standards and guidelines by August 1,
1987. The office must establish permanent standards and
guidelines by July 1, 1988. On January 1, 1988, and every six
months thereafter, any state agency that has purchased
information systems equipment or software in the past six
months, or that is contemplating purchasing this equipment or
software in the next six months, must report to the office and
to the chairs of the house ways and means committee and the
senate finance committee on how the purchases or proposed
purchases comply with the applicable standards and guidelines.
(b) The office shall assist state agencies in the planning
and management of information systems so that an individual
information system reflects and supports the state agency's and
the state's mission, requirements, and functions.
(c) The office must review and approve all agency requests
for legislative appropriations for the development or purchase
of information systems equipment or software. Requests may not
be included in the governor's budget submitted to the
legislature, unless the office has approved the request.
(d) Each biennium the office must rank in order of priority
rate agency requests for new appropriations for development or
purchase of information systems equipment or software based on
established information management criteria. The office must
submit this ranking rating to the legislature at the same time,
or no later than 14 days after, the governor submits the budget
message to the legislature. The governor must provide
information necessary to rate agency requests to the office.
(e) The office must define, review, and approve major
purchases of information systems equipment to (1) ensure that
the equipment follows the standards and guidelines of the state
information architecture; (2) ensure that the equipment is
consistent with the information management principles adopted by
the information policy council; (3) evaluate whether or not the
agency's proposed purchase reflects a cost-effective policy
regarding volume purchasing; and (4) ensure the equipment is
consistent with other systems in other state agencies so that
data can be shared among agencies, unless the office determines
that the agency purchasing the equipment has special needs
justifying the inconsistency. The commissioner of finance may
not allot funds appropriated for major purchases of information
systems equipment until the office reviews and approves the
proposed purchase. A public institution of higher education
must not purchase interconnective computer technology without
the prior approval of the office.
(f) The office shall review the operation of information
systems by state agencies and provide advice and assistance so
that these systems are operated efficiently and continually meet
the standards and guidelines established by the office. These
standards and guidelines shall emphasize uniformity that
encourages information interchange, open systems environments,
and portability of information whenever practicable and
consistent with an agency's authority and the Minnesota
government data practices act. The office, in consultation with
the intergovernmental information systems advisory council and
the legislative reference library, shall adopt specific
standards and guidelines to be met by each state agency within a
time period fixed by the office in regard to the following:
(1) establishment of methodologies and systems directed at
reducing and ultimately eliminating redundant storage of data
and encouraging greater use of central databases;
(2) establishment of data retention schedules, disaster
recovery plans and systems, security systems, and procedural
safeguards concerning privacy of data;
(3) establishment of pricing policies and incentives that
encourage electronic transfer of information in electronic
forms, while giving due consideration to the value and cost of
providing the information in those forms. These pricing
policies may include preferential prices for information
requested by a public entity for a public purpose; and
(4) establishment of information sales systems that utilize
licensing and royalty agreements to the greatest extent
possible, together with procedures for agency denial of requests
for licenses or royalty agreements by commercial users or
resellers of the information. Section 3.751 does not apply to
these licensing and royalty agreements and the agreements must
include provisions that section 3.751 does not apply and that
the state is immune from liability under the agreement.
If an agency needs additional funds to comply with the
requirements of this paragraph, the agency must first obtain
approval of the proposal by the office as required by paragraph
(c) before submitting it to the legislature.
(g) The office must conduct a comprehensive review at least
every three years of the information systems investments that
have been made by state agencies and higher education
institutions. The review must include recommendations on any
information systems applications that could be provided in a
more cost beneficial manner by an outside source. The office
must report the results of its review to the legislature and the
governor.
(h) The office shall recommend to the legislature any
statutory changes that are necessary or desirable to accomplish
the duties described in this subdivision.
(i) The office must report to the legislature by January 15
each year on progress in implementing paragraph (f), clauses (1)
to (4).
Subd. 3. [STAFF.] The office shall function as a division
of the department of administration. The commissioner of
administration shall appoint an interim office director and
other interim staff and provide the necessary administrative
support to the office. The employees and director shall serve
in the unclassified service through June 30, 1988. On July 1,
1988, the employee positions established by this section, except
the position of director, shall be placed in the classified
service. The position of director shall remain in the
unclassified service.
Subd. 4. [ADVISORY TASK FORCE.] The commissioner must
appoint a state information systems advisory task force to help
develop and coordinate a state information architecture that is
consistent with the information management direction developed
by the information policy council, and make recommendations to
the commissioner concerning the progress, direction, and needs
of the state's information systems. The task force must include
representatives of state agencies, the supreme court, higher
education systems, librarians, local government, and private
industry. The task force must also have two members of the
house of representatives appointed by the speaker of the house
and two members of the senate appointed by the senate committee
on committees. No more than one member from the house of
representatives and one from the senate shall be chosen from the
same political party. The terms, compensation, and removal of
nonlegislative members are as provided in section 15.059, but
the task force does not expire until June 30, 1993.
Subd. 5. [COMPUTER IMPACT STATEMENT.] When a statutory
change affects reporting and data collection requirements for
local units of government, the state agency most responsible for
the data collected and reported by the local units of government
must file a computer impact statement with the office within 60
days of the final enactment of the statutory change. The
statement must indicate the anticipated data processing costs
associated with the change.
Sec. 72. Minnesota Statutes 1992, section 16B.43,
subdivision 1, is amended to read:
Subdivision 1. [APPLICATION.] The authority of the
commissioner under sections 16B.40 to 16B.42, 16B.44, and 16B.45
does not apply applies to ESV-IS, but applies and to SDE-IS and
computer-related services provided to the department of
education by the department of administration's information
services bureau. For purposes of this section, "ESV-IS" and
"SDE-IS" have the meanings given them in section 121.93.
Sec. 73. Minnesota Statutes 1992, section 16B.92, is
amended to read:
16B.92 [LAND MANAGEMENT INFORMATION CENTER.]
Subdivision 1. [PURPOSE.] The purpose of the land
management information center is to foster integration of
environmental information and provide services in computer
mapping and graphics, environmental analysis, and small systems
development. The commissioner director, through the center,
shall periodically study land use and natural resources on the
basis of county, regional, and other political subdivisions.
Subd. 1a. [STATEWIDE NITRATE DATA BASE.] The
commissioner director, through the center, shall maintain a
statewide nitrate data base containing the data described in
section 103A.403.
Subd. 2. [FEES.] The commissioner director shall set fees
under section 16A.128, subdivision 2, reflecting the actual
costs of providing the center's information products and
services to clients. Fees collected must be deposited in the
state treasury and credited to the land management information
center revolving account. Money in the account is appropriated
to the commissioner director for operation of the land
management information system, including the cost of services,
supplies, materials, labor, and equipment, as well as the
portion of the general support costs and statewide indirect
costs of the department office that is attributable to the land
management information system. The commissioner director may
require a state agency to make an advance payment to the
revolving fund sufficient to cover the agency's estimated
obligation for a period of 60 days or more. If the revolving
fund is abolished or liquidated, the total net profit from
operations must be distributed to the funds from which purchases
were made. The amount to be distributed to each fund must bear
to the net profit the same ratio as the total purchases from
each fund bear to the total purchases from all the funds during
a period of time that fairly reflects the amount of net profit
each fund is entitled to receive under this distribution.
Sec. 74. [TRANSFER OF LAND MANAGEMENT INFORMATION CENTER.]
Subdivision 1. [TRANSFER.] The land management information
center is transferred from the department of administration to
the office of strategic and long-range planning, under Minnesota
Statutes, section 15.039.
Subd. 2. [REVISOR INSTRUCTION.] In the next edition of
Minnesota Statutes, the revisor of statutes shall codify
Minnesota Statutes, section 16B.92 in chapter 4A.
Sec. 75. Minnesota Statutes 1992, section 43A.045, is
amended to read:
43A.045 [RESTRUCTURING.]
(a) It is the policy of the state of Minnesota that any
restructuring of executive branch agencies be accomplished while
ensuring must include efforts to ensure that fair and equitable
arrangements are carried out to protect the interests of
executive branch employees, and while facilitating to provide
the best possible service to the public. The commissioner shall
make an effort to train and retrain existing employees for a
changing work environment. Where restructuring may involve a
loss of existing positions and employment, the commissioner
shall assist affected employees in finding suitable employment.
For (b) Options available to employees whose positions will
be eliminated by implementation of a restructuring plan, options
presented to employees must include but not be limited to, at a
minimum, job and training opportunities necessary to qualify for
another job in the same, an equal, or a lower classification
within their current department or a similar job in another
state agency.
(c) Implementation of this section, as well as procedures
for notifying employees affected by restructuring plans, must be
negotiated into collective bargaining agreements under chapter
179A. Nothing in this section shall be construed as diminishing
any rights defined in collective bargaining agreements under
this chapter or chapter 179A.
Sec. 76. Minnesota Statutes 1992, section 192.501,
subdivision 2, is amended to read:
Subd. 2. [TUITION REIMBURSEMENT.] (a) The adjutant general
shall establish a program providing tuition reimbursement for
members of the Minnesota national guard in accordance with this
section. An active member of the Minnesota national guard
serving satisfactorily, as defined by the adjutant general,
shall be reimbursed for tuition paid to a post-secondary
education institution as defined by section 136A.15, subdivision
5, upon proof of satisfactory completion of course work.
(b) In the case of tuition paid to a public institution
located in Minnesota, including any vocational or technical
school, tuition is limited to an amount equal to 50 percent of
the cost of tuition at that public institution, except as
provided in this section. In the case of tuition paid to a
Minnesota private institution or vocational or technical school
or a public or private institution or vocational or technical
school not located in Minnesota, reimbursement is limited to 50
percent of the cost of tuition for lower division programs in
the college of liberal arts at the twin cities campus of the
University of Minnesota in the most recent academic year, except
as provided in this section.
(c) If a member of the Minnesota national guard is killed
in the line of state active duty service or federally funded
state active service as defined in section 190.05, subdivision
5b, the state shall reimburse 100 percent of the cost of tuition
for post-secondary courses satisfactorily completed by any
surviving spouse and any surviving dependents who are 21 23
years old or younger. Reimbursement for surviving spouses and
dependents is limited in amount and duration as is reimbursement
for the national guard member.
(d) The amount of tuition reimbursement for each eligible
individual shall be determined by the adjutant general according
to rules formulated within 30 days of June 4, 1989. Tuition
reimbursement received under this section shall not be
considered by the Minnesota higher education coordinating board
or by any other state board, commission, or entity in
determining a person's eligibility for a scholarship or
grant-in-aid under sections 136A.095 to 136A.132.
Sec. 77. Minnesota Statutes 1992, section 196.051,
subdivision 3, is amended to read:
Subd. 3. [FUNDS.] The commissioner may commingle the funds
of persons who are under the commissioner's guardianship
pursuant to authority granted by section 196.051. The
commissioner shall keep complete and accurate accounts showing
each transaction that occurs with respect to the funds of each
person under the commissioner's guardianship. Money in a
guardianship fund is appropriated to the commissioner to carry
out the guardianship.
Sec. 78. Minnesota Statutes 1992, section 196.054,
subdivision 2, is amended to read:
Subd. 2. [APPROPRIATION.] There is a veterans affairs
resources fund in the state treasury. All money received by the
department pursuant to subdivision 1 must be deposited in the
state treasury and credited to the veterans affairs resources
fund. The commissioner may only use Money from the veterans
affairs resources fund is appropriated to the commissioner for
operation, maintenance, repair of facilities, associated legal
fees, and other related expenses used under subdivision 1.
Sec. 79. [197.608] [VETERANS SERVICE OFFICE GRANT
PROGRAM.]
Subdivision 1. [GRANT PROGRAM.] A veterans service office
grant program is established to be administered by the
commissioner of veterans affairs consisting of grants to
counties to enable them to enhance the effectiveness of their
veterans service offices.
Subd. 2. [RULE DEVELOPMENT.] The commissioner of veterans
affairs shall consult with the Minnesota association of county
veterans service officers in formulating rules to implement the
grant program.
Subd. 3. [ELIGIBILITY.] To be eligible for a grant under
this program, a county must:
(1) employ a county veterans service officer as authorized
by sections 197.60 and 197.606, who is certified to serve in
this position by the commissioner of veterans affairs;
(2) submit a written plan for the proposed expenditures to
enhance the functioning of the county veterans service office in
accordance with the program rules; and
(3) apply for the grant according to procedures to be
established for this program by the commissioner and receive
written approval from the commissioner for the grant in advance
of making the proposed expenditures.
Subd. 4. [GRANT APPLICATION.] (a) A grant application must
be submitted to the department of veterans affairs according to
procedures to be established by the commissioner. The grant
application must include a specific description of the plan for
enhancing the operation of the county veterans service office.
(b) The commissioner shall approve a grant application only
if it meets the criteria for eligibility as established and
announced by the commissioner and there are sufficient funds
remaining in the grant program to cover the amount of the
grant. The commissioner may request modification of a plan. If
the commissioner rejects a grant application, written reasons
for the rejection must be provided to the applicant county and
the county may modify the application and resubmit it.
Subd. 5. [QUALIFYING USES.] The commissioner of veterans
affairs shall determine whether the plan specified in the grant
application will enable the applicant county to enhance the
effectiveness of its county veterans office.
Notwithstanding subdivision 3, clause (1), a county may
apply for and use a grant for the training and education
required by the commissioner for a newly employed county
veterans service officer's certificate, or for the continuing
education of other staff.
Subd. 6. [GRANT AMOUNT.] The amount of each grant must be
determined by the commissioner of veterans affairs, and may not
exceed the lesser of:
(1) the amount specified in the grant application to be
expended on the plan for enhancing the effectiveness of the
county veterans service office; or
(2) the county's share of the total funds available under
the program, determined in the following manner:
(i) if the county's veteran population is less than 1,000,
the county's grant share shall be $2,000;
(ii) if the county's veteran population is 1,000 or more
but less than 3,000, the county's grant share shall be $4,000;
(iii) if the county's veteran population is 3,000 or more
but less than 10,000, the county's grant share shall be $6,000;
or
(iv) if the county's veteran population is 10,000 or more,
the county's grant share shall be $8,000.
In any year, only one-half of the counties in each of the
four veteran population categories (i) to (iv) shall be awarded
grants. Grants shall be awarded on a first-come first-served
basis to counties submitting applications which meet the
commissioner's criteria as established in the rules. Any county
not receiving a grant in any given year shall receive priority
consideration for a grant the following year.
In any year, after a period of time to be determined by the
commissioner, any amounts remaining from undistributed county
grant shares may be reallocated to the other counties which have
submitted qualifying application.
The veteran population of each county shall be determined
by the figure supplied by the United States Department of
Veterans Affairs, as adopted by the commissioner.
Sec. 80. [197.609] [EDUCATION PROGRAM.]
Subdivision 1. [ESTABLISHMENT AND ADMINISTRATION.] An
education program for county veterans service officers is
established to be administered by the commissioner of veterans
affairs.
Subd. 2. [ELIGIBILITY.] To be eligible for the program in
this section, a person must currently be employed as a county
veterans service officer as authorized by sections 197.60 to
197.606, and be certified to serve in that position by the
commissioner of veterans affairs or be serving a probationary
period as authorized by section 197.60, subdivision 2.
Subd. 3. [PROGRAM CONTENT.] The program in this section
must include but is not limited to informing county veteran
service officers of the federal, state, and private benefits and
services available to veterans, training them in procedures for
applying for these benefits, updating them on the changes in
these benefits and the eligibility criteria and application
procedures, informing them of judicial and regulatory decisions
involving veterans programs, training them in the legal
procedures for appealing decisions disallowing benefits to
veterans, and providing education, information, and training for
any other aspects of the veteran service officer position.
Sec. 81. Minnesota Statutes 1992, section 198.16, is
amended to read:
198.16 [DONATIONS; GENERAL PURPOSES.]
The board is authorized to accept on behalf of the state
any gift, grant, bequest, or devise made for the purposes of
this chapter, and administer the same as directed by the donor.
All proceeds therefrom including money derived from the sale of
any real or personal property shall be deposited in the state
treasury and credited to the Minnesota veterans home endowment,
bequest, and devises fund. Said fund shall consist of two
accounts, one of which shall include any trusts prescribed by
the donor, the other shall include any currently expendable
proceeds. Money in the fund is appropriated to the board for
the purposes for which it was received. Disbursements from this
fund shall be made in the manner provided for the issuance of
other state warrants.
Whenever the board shall deem it advisable, in accordance
with law, to sell or otherwise dispose of any real or personal
property thus acquired, the commissioner of administration upon
the request of the board shall sell or otherwise dispose of said
property in the manner provided by law for the sale or
disposition of other state property by the commissioner of
administration.
Sec. 82. Minnesota Statutes 1992, section 240A.02,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP; COMPENSATION; CHAIR.] (a) The
Minnesota amateur sports commission consists of nine 12 voting
members, four of whom must be experienced in promoting amateur
sports,. Nine of the voting members shall be appointed by the
governor to three-year terms. Two legislators, one from each
house appointed according to its rules, shall be nonvoting
members. Compensation and removal of members and the filling of
membership vacancies are as provided in section 15.0575. A
member may be reappointed. The governor shall appoint the chair
of the commission after consideration of the commission's
recommendation.
(b) The governor, speaker of the house of representatives,
and senate majority leader shall each appoint one additional
voting member to the commission to a two-year term. The purpose
of adding three members to the commission is to ensure gender
balance in commission membership. Compensation, removal, and
filling of vacancies of members appointed under this paragraph
are as provided in section 15.0575. A member appointed under
this paragraph may be reappointed.
Sec. 83. Minnesota Statutes 1992, section 240A.03, is
amended by adding a subdivision to read:
Subd. 15. [ADVERTISING.] The commission may accept paid
advertising in its publications. Funds received from
advertising are annually appropriated to the commission for its
publications. The commission must annually report the amount of
funds received under this subdivision to the chair of the house
of representatives ways and means and senate finance committees.
Sec. 84. Minnesota Statutes 1992, section 270.063, is
amended to read:
270.063 [COLLECTION OF DELINQUENT TAXES; COSTS.]
For the purpose of collecting delinquent state tax
liabilities, there is appropriated to the commissioner of
revenue an amount representing the cost of collection by
contract with collection agencies, revenue departments of other
states, or attorneys to enable the commissioner to reimburse
these agencies, departments, or attorneys for this service, or
provide for the operating costs of collection activities of the
department of revenue. The commissioner shall report quarterly
on the status of this program to the chair of the house tax and
appropriation committees and senate tax and finance committees.
Notwithstanding section 16A.15, subdivision 3, the
commissioner of revenue may authorize the prepayment of
sheriff's fees, attorney fees, fees charged by revenue
departments of other states, or court costs to be incurred in
connection with the collection of delinquent tax liabilities
owed to the commissioner of revenue.
Sec. 85. Minnesota Statutes 1992, section 271.07, is
amended to read:
271.07 [STENOGRAPHIC REPORT; TRANSCRIPT.]
Except in the small claims division, the tax court shall
provide for a verbatim stenographic report of all proceedings
had before it upon appeals, as required by the laws relating to
proceedings in district court. The cost of the stenographic
record shall be paid by the party taking the appeal. The cost
is a taxable cost under section 271.09.
Sec. 86. Minnesota Statutes 1992, section 309.501, is
amended to read:
309.501 [REGISTERED COMBINED CHARITABLE ORGANIZATIONS.]
Subdivision 1. [DEFINITIONS.] (a) As used in this section,
the following terms have the meanings given them.
(b) "Registered combined charitable organization" means an
a federated funding organization:
(1) which is tax exempt under section 501(c)3 of the
Internal Revenue Code of 1986, as amended through December 31,
1990 1992 (hereinafter "Internal Revenue Code"), and to which
contributions are deductible under section 170 of the Internal
Revenue Code;
(2) which exists for purposes other than solely
fundraising;
(3) which secures funds for distribution to ten 14 or
more charitable affiliated agencies in a single, annual
consolidated effort;
(3) (4) which is governed by a local, independent,
voluntary board of directors which represents the broad
interests of the public and 90 percent of the directors of the
governing board live or work in the community or surrounding
area;
(4) (5) which distributes at least 70 percent of its total
campaign income and revenue to its affiliated agencies and to
the designated agencies it supports and expends no more than 30
percent of its total income and revenue for management and
general costs and fund raising costs;
(5) (6) which distributes at least 70 percent of its total
campaign income and revenue to affiliated agencies and
designated agencies that are incorporated in Minnesota or
headquartered in the service area in which the state employee
combined charitable campaign takes place;
(7) and each designated or affiliated agency supported by
the recipient institution devotes substantially all of its
activities directly to providing health, welfare, social, or
other human services to individuals;
(6) (8) and each designated or affiliated agency supported
by the recipient institution with funds contributed by state
employees through the combined charitable campaign provides all
or substantially all of its health, welfare, social, or other
human services, in the community and surrounding area in which
the recipient institution's fund drive state employee combined
charitable campaign takes place;
(7) (9) and each charitable agency is affiliated with no
more than one registered combined charitable organization within
the registered combined charitable organization's service area
in the state's employee combined charitable campaign; and
(10) which has been registered with the commissioner of
commerce employee relations in accordance with this section.
(c) "Affiliated agency" means a charitable agency that is
represented by a federation and has an ongoing relationship with
that federation which involves a review and monitoring process
to insure financial, managerial, and programmatic responsibility.
(d) "Charitable agency" means a governmental agency or an
organization (1) which is tax exempt under section 501(c)3 of
the Internal Revenue Code; (2) to which contributions are
deductible under section 170 of the Internal Revenue Code; and
(3) which is in compliance with the provisions of this chapter.
(e) "State employees combined charitable campaign" means
the annual state campaign whereby a state employee may designate
that the employee's contribution to a registered combined
charitable organization may be deducted from the pay of the
employee for each pay period.
Subd. 2. [DESIGNATED CONTRIBUTIONS.] A registered combined
charitable organization may offer a state officer or employee
the option of designating in writing that the amount deducted in
section 16A.134, be designated to any charitable agency, whether
or not the charitable agency receives funds from the single,
annual consolidated effort. A registered combined charitable
organization which offers this option shall provide a list of
charitable agencies receiving funds and the amount each
charitable agency receives in the annual report required
pursuant to section 309.53.
Subd. 3. [REGISTRATION.] An (a) In order to participate in
the state employee combined charitable campaign, a federated
funding organization may shall apply to the commissioner
of commerce employee relations as a registered combined
charitable organization on or before June 1, 1993, and in 1994
and thereafter on or before March 1 in order to be eligible to
participate in the campaign for that year.
An (b) A federated funding organization which applies to
the commissioner of employee relations shall provide the
commissioner with all information the commissioner deems
necessary to identify the charitable and tax exempt status of
the organization and its compliance with the provisions of this
chapter including, but not limited to the following:
(1) a copy of the organization's most recently filed annual
report required by section 309.53, which shall also be filed
with the attorney general;
(2) assurance of tax exempt status for the federated
funding organization and each of the charitable agencies
identified by the federated funding organization as an
affiliated agency;
(3) assurance of proper registration with the attorney
general of Minnesota to solicit contributions in the state of
Minnesota for the federated funding organization and each of the
charitable agencies identified by the federated funding
organization as an affiliated agency. A copy of the
registration letter must be available upon request;
(4) an affidavit signed by a duly constituted officer of
the federated funding organization attesting to the fact that
the federated funding organization and its affiliated agencies
are in compliance with each of the provisions of this section;
(5) a list of the board of directors for the federated
funding organization which identifies the address for each
director; and
(6) a fee of $100, or ten percent of the funds raised from
state employees in the previous campaign, whichever is less.
(c) A registered combined charitable organization shall
disclose in its solicitation and its annual report filed under
section 309.53:
(a) (1) gross dollars received in contributions in the
prior year;
(b) (2) names of, business addresses, and amount of money
distributed to each affiliated charitable agency by the
registered combined charitable organization;
(c) (3) percentage of gross dollars contributed which was
directly received by the charitable agencies; and
(d) (4) projected percentage of the contribution to be
received by the charitable agencies in the year for which the
solicitation is being made.
If participating charitable agencies are required to pay
any fees to the combined charitable organization, it shall also
be disclosed in the solicitation and annual report. In the
annual report the combined charitable organization shall include
a list of charitable agencies to which donors specifically
designated funds, and the amount designated to each agency.
Notwithstanding section 309.53, subdivision 1a, each charitable
agency shall file the report required in section 309.53. The
commissioner shall consult with the attorney general to
determine if the combined charitable organization and its
charitable agencies are in compliance with this chapter.
(d) The commissioner shall register or not register the
application of an organization within 60 days. No organization
may apply to the commissioner more than once in a 12-month
period calendar year. An organization whose application is
denied has ten calendar days after receiving notice of the
denial to appeal the decision or file an amended application
correcting the deficiency. The commissioner shall register or
not register the organization within ten calendar days of the
submission of the appeal. If the organization fails to correct
the deficiency and registration is denied a second time, the
organization may appeal within five calendar days after being
notified by the commissioner or the commissioner's designee that
the deficiency has not been cured and the organization is not
registered. A hearing shall be scheduled by the commissioner of
employee relations and shall be held within 15 calendar days
after receiving notice of the appeal. The provisions of chapter
14 do not apply to the hearing. The hearing shall be conducted
in a manner considered appropriate by the commissioner. The
commissioner's determination following the hearing shall be made
within five calendar days after the hearing has been completed.
Registered combined charitable organizations shall file the
report required in section 309.53. The commissioner shall
notify the commissioner of finance in writing of the decision to
register an organization under this section by July 15.
(e) An organization whose application as a registered
combined charitable organization is denied shall not be eligible
to participate in the state employee combined charitable
campaign for that year. Only organizations that are approved
may participate in the state employee combined charitable
campaign for the year of approval and only contributions
authorized during the campaign may be deducted from an
employee's pay pursuant to section 16A.134.
Subd. 4. [COMPLIANCE WAIVER.] This subdivision applies
only to the 1993 state employee combined charitable organization
fund drive. A registered combined charitable organization that
participated in the 1992 state employee's combined charitable
organization's fund drive but that would not be qualified to
participate in future fund drives because it will not satisfy
the standards of this section, may certify to the commissioner
of employee relations those provisions of subdivision 1 that it
fails to meet and the extent of the inability to meet the
specified standards, and may request a waiver of compliance.
The commissioner shall issue a waiver to the registered combined
charitable organization unless the provisions of subdivision 1
that the registered combined charitable organization fails to
meet is subdivision 1, paragraph (b), clause (1) or (5).
To be entitled to a waiver, an organization must apply to
the commissioner by the registration dates specified in
subdivision 3.
Sec. 87. Minnesota Statutes 1992, section 352.96,
subdivision 3, is amended to read:
Subd. 3. [EXECUTIVE DIRECTOR TO ADMINISTER SECTION.] This
section must be administered by the executive director of the
system under subdivision 4. Fiduciary activities of the
deferred compensation plan must be undertaken in a manner
consistent with chapter 356A. If the state board of investment
so elects, it may solicit bids for options under subdivision 2,
clauses (2) and (3). The state board of investment may retain
consulting services to assist it in soliciting and evaluating
bids and in the periodic review of companies offering options
under subdivision 2, clause (3). The periodic review must occur
at least every two years. The state board of investment may
annually establish a budget for its costs in the soliciting,
evaluating, and periodic review processes. The state board of
investment may charge a proportional share of all costs related
to the periodic review to each company currently under contract
and may charge a proportional share of all costs related to
soliciting and evaluating bids to each company selected by the
state board. All contracts must be approved before execution by
the state board of investment. Contracts must provide that all
options in subdivision 2 must: be presented in an unbiased
manner and in a manner that conforms to rules adopted by the
executive director, be reported on a periodic basis to all
employees participating in the deferred compensation program,
and not be the subject of unreasonable solicitation of state
employees to participate in the program. The contract may not
call for any person to jeopardize the tax-deferred status of
money invested by state employees under this section. All costs
or fees in relation to the options provided under subdivision 2,
clause (3), must be paid by the underwriting companies
ultimately selected by the state board of investment.
Sec. 88. Minnesota Statutes 1992, section 354B.05, is
amended to read:
354B.05 [ADMINISTRATION.]
Subdivision 1. [GOVERNING BOARDS.] The state university
board shall administer the plan for persons in covered
employment under section 354B.01, subdivisions 2, 4, and 5. The
community college board shall administer the plan for persons in
covered employment under section 354B.01, subdivision 3.
Subd. 2. [PURCHASE OF CONTRACTS.] The state university
board and the community college board shall arrange for the
purchase of annuity contracts, fixed, variable, or a combination
of fixed and variable, or custodial accounts from financial
institutions selected by the state board of investment under
subdivision 3, to provide retirement and death benefits to
members of the plan. The contracts or accounts must be
purchased with contributions under section 354B.04 or money or
assets otherwise provided by law or by authority of the state
university board or community college board and acceptable by
the financial institutions from which the contracts or accounts
are purchased.
Subd. 3. [SELECTION OF FINANCIAL INSTITUTIONS.] The
supplemental investment fund administered by the state board of
investment is one of the investment options for the plan. The
state university board and the community college board shall of
investment may select no more than two other financial
institutions to provide annuity contracts or custodial accounts
products. Each board may at its discretion change a selection
of an institution. Investment programs offered by the
institutions must meet the requirements of section 401(a) or
403(b) of the Internal Revenue Code of 1986, as amended. In
making their selections, the boards board shall consider at
least these criteria:
(1) the experience and ability of the financial institution
to provide retirement and death benefits suited to the needs of
the covered employees;
(2) the relationship of the benefits to their cost; and
(3) the financial strength and stability of the institution.
The state board of investment must periodically review at
least every three years each financial institution selected by
the state board of investment. The state board of investment
may retain consulting services to assist in the periodic review,
may establish a budget for its costs in the periodic review
process, and may charge a proportional share of those costs to
each financial institution selected by the state board of
investment. All contracts must be approved by the state board
of investment before execution by the state university board and
the community college board. The state board of investment
shall also establish policies and procedures under section
11A.04, clause (2), to carry out this subdivision.
The chancellor of the state university system and the
chancellor of the state community college system shall redeem
all shares in the accounts of the Minnesota supplemental
investment fund held on behalf of personnel in the supplemental
plan who elect an investment option other than the supplemental
investment fund, except that shares in the fixed interest
account must not be redeemed until the expiration dates for the
guaranteed investment contracts. The chancellors shall transfer
the cash realized to the financial institutions selected by the
state university board and the community college board under
section 354B.05.
Subd. 4. [BENEFITS OWNED BY MEMBERS.] The retirement and
death benefits provided by the annuity contracts or custodial
accounts are owned by the trust and must be paid in accordance
with the provisions of the plan document.
Sec. 89. [REVIEW BY STATE BOARD OF INVESTMENT.]
The state board of investment shall be responsible for
periodic review of each financial institution under the
provisions of section 88 as of the effective date of this
section. Initial reviews must be with those financial
institutions under contract with the state university board and
community college board on the effective date of this section.
As provided in section 88, the state board of investment may
retain consulting services, establish a budget for its costs,
and charge a proportional share of those costs to those
financial institutions.
Sec. 90. Minnesota Statutes 1992, section 356.24,
subdivision 1, is amended to read:
Subdivision 1. [RESTRICTION; EXCEPTIONS.] (a) It is
unlawful for a school district or other governmental subdivision
or state agency to levy taxes for, or contribute public funds to
a supplemental pension or deferred compensation plan that is
established, maintained, and operated in addition to a primary
pension program for the benefit of the governmental subdivision
employees other than:
(1) to a supplemental pension plan that was established,
maintained, and operated before May 6, 1971;
(2) to a plan that provides solely for group health,
hospital, disability, or death benefits, to the individual
retirement account plan established by sections 354B.01 to
354B.04;
(3) to a plan that provides solely for severance pay under
section 465.72 to a retiring or terminating employee;
(4) for employees other than personnel employed by the
state university board or the community college board and
covered by section 354B.07, subdivision 1, to:
(i) the state of Minnesota deferred compensation plan under
section 352.96; or
(ii) payment of the applicable portion of the premium on a
tax sheltered annuity contract qualified under section 403(b) of
the federal Internal Revenue Code, purchased from a qualified
insurance company; if provided for in a personnel policy or in
the collective bargaining agreement of the public employer with
the exclusive representative of public employees in an
appropriate unit, in an amount matching employee contributions
on a dollar for dollar basis, but not to exceed an employer
contribution of $2,000 a year per employee; or
(5) for personnel employed by the state university board or
the community college board and covered by section 354B.07,
subdivision 1, to the supplemental retirement plan under
sections 354B.07 to 354B.09, if provided for in a personnel
policy or in the collective bargaining agreement of the public
employer with the exclusive representative of the covered
employees in an appropriate unit, in an amount matching employee
contributions on a dollar for dollar basis, but not to exceed an
employer contribution of $2,000 a year for each employee.
(b) A qualified insurance company is a company that:
(1) meets the definition in section 60A.02, subdivision 4;
(2) is licensed to engage in life insurance or annuity
business in the state;
(3) is determined by the commissioner of commerce to have a
rating within the top two rating categories by a recognized
national rating agency or organization that regularly rates
insurance companies; and
(4) is determined by the state board of investment to be
among the ten applicant insurance companies with competitive
options and investment returns on annuity products. The state
board of investment determination must be made on or before
January 1, 1993, and must be reviewed periodically. The state
board of investment shall may retain actuarial services to
assist it in this determination and in its periodic review. The
state board of investment shall may annually establish a budget
for its costs in the any determination process and shall and
periodic review processes. The state board of investment may
charge a proportional share of that budget all costs related to
the periodic review to those companies currently under contract
and may charge a proportional share of all costs related to
soliciting and evaluating bids in a determination process to
each insurance company selected by the state board of
investment. All contracts must be approved before execution by
the state board of investment. The state board of investment
shall establish policies and procedures under section 11A.04,
clause (2), to carry out this paragraph.
(c) A personnel policy for unrepresented employees or a
collective bargaining agreement may establish limits on the
number of vendors under paragraph (b), clause (4), that it will
utilize and conditions under which the vendors may contact
employees both during working hours and after working hours.
Sec. 91. Minnesota Statutes 1992, section 357.021,
subdivision 1a, is amended to read:
Subd. 1a. (a) Every person, including the state of
Minnesota and all bodies politic and corporate, who shall
transact any business in the district court, shall pay to the
court administrator of said court the sundry fees prescribed in
subdivision 2. Except as provided in paragraph (d), the court
administrator shall transmit the fees monthly to the state
treasurer for deposit in the state treasury and credit to the
general fund.
(b) In a county which has a screener-collector position,
fees paid by a county pursuant to this subdivision shall be
transmitted monthly to the county treasurer, who shall apply the
fees first to reimburse the county for the amount of the salary
paid for the screener-collector position. The balance of the
fees collected shall then be forwarded to the state treasurer
for deposit in the state treasury and credited to the general
fund. In a county in the eighth judicial district which has a
screener-collector position, the fees paid by a county shall be
transmitted monthly to the state treasurer for deposit in the
state treasury and credited to the general fund. A
screener-collector position for purposes of this paragraph is an
employee whose function is to increase the collection of fines
and to review the incomes of potential clients of the public
defender, in order to verify eligibility for that service.
(c) No fee is required under this section from the public
authority or the party the public authority represents in an
action for:
(1) child support enforcement or modification, medical
assistance enforcement, or establishment of parentage in the
district court, or child or medical support enforcement
conducted by an administrative law judge in an administrative
hearing under section 518.551, subdivision 10;
(2) civil commitment under chapter 253B;
(3) the appointment of a public conservator or public
guardian or any other action under chapters 252A and 525;
(4) wrongfully obtaining public assistance under section
256.98 or 256D.07, or recovery of overpayments of public
assistance;
(5) court relief under chapter 260;
(6) forfeiture of property under sections 609.531 to
609.5317;
(7) recovery of amounts issued by political subdivisions or
public institutions under sections 246.52, 252.27, 256.045,
256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, and
260.251, or other sections referring to other forms of public
assistance; or
(8) restitution under section 611A.04.
(d) The fees collected for child support modifications
under subdivision 2, clause (13), must be transmitted to the
county treasurer for deposit in the county general fund. The
fees must be used by the county to pay for child support
enforcement efforts by county attorneys.
Sec. 92. Minnesota Statutes 1992, section 357.021,
subdivision 2, is amended to read:
Subd. 2. [FEE AMOUNTS.] The fees to be charged and
collected by the court administrator shall be as follows:
(1) In every civil action or proceeding in said court, the
plaintiff, petitioner, or other moving party shall pay, when the
first paper is filed for that party in said action, a fee of
$110 $122.
The defendant or other adverse or intervening party, or any
one or more of several defendants or other adverse or
intervening parties appearing separately from the others, shall
pay, when the first paper is filed for that party in said
action, a fee of $110 $122.
The party requesting a trial by jury shall pay $30 $75.
The fees above stated shall be the full trial fee
chargeable to said parties irrespective of whether trial be to
the court alone, to the court and jury, or disposed of without
trial, and shall include the entry of judgment in the action,
but does not include copies or certified copies of any papers so
filed or proceedings under chapter 103E, except the provisions
therein as to appeals.
(2) Certified copy of any instrument from a civil or
criminal proceeding, $5, plus 25 cents per page after the first
page, and $3.50, plus 25 cents per page after the first page for
an uncertified copy.
(3) Issuing a subpoena, $3 for each name.
(4) Issuing an execution and filing the return thereof;
issuing a writ of attachment, injunction, habeas corpus,
mandamus, quo warranto, certiorari, or other writs not
specifically mentioned, $10.
(5) Issuing a transcript of judgment, or for filing and
docketing a transcript of judgment from another court, $7.50.
(6) Filing and entering a satisfaction of judgment, partial
satisfaction, or assignment of judgment, $5.
(7) Certificate as to existence or nonexistence of
judgments docketed, $5 for each name certified to.
(8) Filing and indexing trade name; or recording basic
science certificate; or recording certificate of physicians,
osteopaths, chiropractors, veterinarians, or optometrists, $5.
(9) For the filing of each partial, final, or annual
account in all trusteeships, $10.
(10) For the deposit of a will, $5.
(11) For recording notary commission, $25, of which,
notwithstanding subdivision 1a, paragraph (b), $20 must be
forwarded to the state treasurer to be deposited in the state
treasury and credited to the general fund.
(12) When a defendant pleads guilty to or is sentenced for
a petty misdemeanor other than a parking violation, the
defendant shall pay a fee of $5.
(13) Filing a motion or response to a motion for
modification of child support, a fee fixed by rule or order of
the supreme court.
(14) All other services required by law for which no fee is
provided, such fee as compares favorably with those herein
provided, or such as may be fixed by rule or order of the court.
The fees in clauses (3) and (4) need not be paid by a
public authority or the party the public authority represents.
Sec. 93. Minnesota Statutes 1992, section 357.022, is
amended to read:
357.022 [CONCILIATION COURT FEE.]
The court administrator in every county shall charge and
collect a filing fee of $13 $15 where the amount demanded is
less than $2,000 and $25 where the amount demanded is $2,000 or
more from every plaintiff and from every defendant when the
first paper for that party is filed in any conciliation court
action. The court administrator shall transmit the fees monthly
to the state treasurer for deposit in the state treasury and
credit to the general fund.
Sec. 94. Minnesota Statutes 1992, section 357.08, is
amended to read:
357.08 [PAID BY APPELLANT IN APPEAL.]
There shall be paid to the clerk of the appellate courts by
the appellant, or moving party or person requiring the service,
in all cases of appeal, certiorari, habeas corpus, mandamus,
injunction, prohibition, or other original proceeding, when
initially filed with the clerk of the appellate courts, the sum
of $200 $250 to the clerk of the appellate courts. An
additional filing fee of $100 shall be required for a petition
for accelerated review by the supreme court. A filing fee
of $200 $250 shall be paid to the clerk of the appellate courts
upon the filing of a petition for review from a decision of the
court of appeals. A filing fee of $200 $250 shall be paid to
the clerk of the appellate courts upon the filing of a petition
for permission to appeal. A filing fee of $100 shall be paid to
the clerk of the appellate courts upon the filing by a
respondent of a notice of review. The clerk shall transmit the
fees to the state treasurer for deposit in the state treasury
and credit to the general fund.
The clerk shall not file any paper, issue any writ or
certificate, or perform any service enumerated herein, until the
payment has been made for it. The clerk shall pay the sum into
the state treasury as provided for by section 15A.01.
The charges provided for shall not apply to disbarment
proceedings, nor to an action or proceeding by the state taken
solely in the public interest, where the state is the appellant
or moving party, nor to copies of the opinions of the court
furnished by the clerk to the parties before judgment, or
furnished to the district judge whose decision is under review,
or to such law library associations in counties having a
population exceeding 50,000, as the court may direct.
Sec. 95. Minnesota Statutes 1992, section 357.18,
subdivision 3, is amended to read:
Subd. 3. [SURCHARGE.] In addition to the fees imposed in
subdivision 1, a $2 $4.50 surcharge shall be collected: on each
fee charged under subdivision 1, clauses (1) and (6), and for
each abstract certificate under subdivision 1, clause (4).
Forty Fifty cents of each surcharge shall be retained by the
county to cover its administrative costs and $1.60 $4 shall be
paid to the state treasury and credited to the general fund.
Sec. 96. Minnesota Statutes 1992, section 484.74,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORIZATION.] Except for good cause
shown, in litigation involving an amount in excess
of $50,000 $7,500 in controversy, the presiding judge may shall,
by order, direct the parties to enter nonbinding alternative
dispute resolution. Alternatives may include private trials,
neutral expert fact-finding, mediation, minitrials, and other
forms of alternative dispute resolution. The guidelines for the
various alternatives must be established by the presiding judge
and must emphasize early and inexpensive exchange of information
and case evaluation in order to facilitate settlement.
Sec. 97. Minnesota Statutes 1992, section 484.76,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] The supreme court shall
establish a statewide alternative dispute resolution program for
the resolution of civil cases filed with the courts. The
supreme court shall adopt rules governing practice, procedure,
and jurisdiction for alternative dispute resolution programs
established under this section. The rules shall require the use
of nonbinding alternative dispute resolution processes in all
civil cases, except for good cause shown by the presiding judge,
and must provide an equitable means for the payment of fees and
expenses for the use of alternative dispute resolution processes.
Sec. 98. [491A.03] [JUDGES; REFEREES.]
The judges of district court shall serve as judges of
conciliation court. A majority of the judges of the district
may appoint one or more suitable persons to act as referees in
conciliation court; a majority of the judges of the district
shall establish qualifications for the office, specify the
duties and length of service of referees, and fix their
compensation not to exceed an amount per day determined by the
chief judge of the judicial district.
Sec. 99. Minnesota Statutes 1992, section 508.82, is
amended to read:
508.82 [REGISTRAR'S FEES.]
The fees to be paid to the registrar shall be as follows:
(1) of the fees provided herein, five percent of the fees
collected under clauses (3), (4), (10), (12), (13), (14), (16),
(17), and (18), for filing or memorializing shall be paid to the
state treasurer and credited to the general fund; plus
a $2 $4.50 surcharge shall be charged and collected in addition
to the total fees charged for each transaction under clauses (2)
to (5), (10), (12), (14), and (18), with 40 50 cents of this
surcharge to be retained by the county to cover its
administrative costs and $1.60 $4 to be paid to the state
treasury and credited to the general fund;
(2) for registering each original certificate of title, and
issuing a duplicate of it, $30;
(3) for registering each instrument transferring the fee
simple title for which a new certificate of title is issued and
for the issuance and registration of the new certificate of
title, $30;
(4) for the entry of each memorial on a certificate and
endorsements upon duplicate certificates, $15;
(5) for issuing each residue certificate, $20;
(6) for exchange certificates, $10 for each certificate
canceled and $10 for each new certificate issued;
(7) for each certificate showing condition of the register,
$10;
(8) for any certified copy of any instrument or writing on
file in the registrar's office, the same fees allowed by law to
county recorders for like services;
(9) for a noncertified copy of any instrument or writing on
file in the office of the registrar of titles, or any specified
page or part of it, an amount as determined by the county board
for each page or fraction of a page specified. If computer or
microfilm printers are used to reproduce the instrument or
writing, a like amount per image;
(10) for filing two copies of any plat in the office of the
registrar, $30;
(11) for any other service under this chapter, such fee as
the court shall determine;
(12) for issuing a duplicate certificate of title pursuant
to the directive of the examiner of titles in counties in which
the compensation of the examiner is paid in the same manner as
the compensation of other county employees, $50, plus $10 to
memorialize;
(13) for issuing a duplicate certificate of title pursuant
to the directive of the examiner of titles in counties in which
the compensation of the examiner is not paid by the county or
pursuant to an order of the court, $10;
(14) for filing a condominium plat or an amendment to it in
accordance with chapter 515, $30;
(15) for a copy of a condominium plat filed pursuant to
chapters 515 and 515A, the fee shall be $1 for each page of the
condominium plat with a minimum fee of $10;
(16) for filing a condominium declaration and plat or an
amendment to it in accordance with chapter 515A, $10 for each
certificate upon which the document is registered and $30 for
the filing of the condominium plat or an amendment thereto;
(17) for the filing of a certified copy of a plat of the
survey pursuant to section 508.23 or 508.671, $10;
(18) for filing a registered land survey in triplicate in
accordance with section 508.47, subdivision 4, $30;
(19) for furnishing a certified copy of a registered land
survey in accordance with section 508.47, subdivision 4, $10.
Sec. 100. Minnesota Statutes 1992, section 508A.82, is
amended to read:
508A.82 [REGISTRAR'S FEES.]
The fees to be paid to the registrar shall be as follows:
(1) of the fees provided herein, five percent of the fees
collected under clauses (3), (4), (10), (12), (13), (14), (16),
and (18), for filing or memorializing shall be paid to the state
treasurer and credited to the general fund; plus a $2 $4.50
surcharge shall be charged and collected in addition to the
total fees charged for each transaction under clauses (2) to
(5), (10), (12), (14), and (18), with 40 50 cents of this
surcharge to be retained by the county to cover its
administrative costs and $1.60 $4 to be paid to the state
treasury and credited to the general fund;
(2) for registering each original CPT, and issuing a
duplicate of it, $30;
(3) for registering each instrument transferring the fee
simple title for which a new CPT is issued and for the issuance
and registration of the new CPT, $30;
(4) for the entry of each memorial on a certificate and
endorsements upon duplicate CPTs, $15;
(5) for issuing each residue CPT, $20;
(6) for exchange CPTs, $10 for each CPT canceled and $10
for each new CPT issued;
(7) for each certificate showing condition of the register,
$10;
(8) for any certified copy of any instrument or writing on
file in the registrar's office, the same fees allowed by law to
county recorders for like services;
(9) for a noncertified copy of any instrument or writing on
file in the office of the registrar of titles, or any specified
page or part of it, an amount as determined by the county board
for each page or fraction of a page specified. If computer or
microfilm printers are used to reproduce the instrument or
writing, a like amount per image;
(10) for filing two copies of any plat in the office of the
registrar, $30;
(11) for any other service under sections 508A.01 to
508A.85, the fee the court shall determine;
(12) for issuing a duplicate CPT pursuant to the directive
of the examiner of titles in counties in which the compensation
of the examiner is paid in the same manner as the compensation
of other county employees, $50, plus $10 to memorialize;
(13) for issuing a duplicate CPT pursuant to the directive
of the examiner of titles in counties in which the compensation
of the examiner is not paid by the county or pursuant to an
order of the court, $10;
(14) for filing a condominium plat or an amendment to it in
accordance with chapter 515, $30;
(15) for a copy of a condominium plat filed pursuant to
chapters 515 and 515A, the fee shall be $1 for each page of the
plat with a minimum fee of $10;
(16) for filing a condominium declaration and condominium
plat or an amendment to it in accordance with chapter 515A, $10
for each certificate upon which the document is registered and
$30 for the filing of the condominium plat or an amendment to
it;
(17) in counties in which the compensation of the examiner
of titles is paid in the same manner as the compensation of
other county employees, for each parcel of land contained in the
application for a CPT, as the number of parcels is determined by
the examiner, a fee which is reasonable and which reflects the
actual cost to the county, established by the board of county
commissioners of the county in which the land is located;
(18) for filing a registered land survey in triplicate in
accordance with section 508A.47, subdivision 4, $30;
(19) for furnishing a certified copy of a registered land
survey in accordance with section 508A.47, subdivision 4, $10.
Sec. 101. Minnesota Statutes 1992, section 548.23, is
amended to read:
548.23 [PLEA OF CONFESSION.]
Judgment in the cases mentioned in section 548.22 may also
be entered in the district court in the manner therein provided,
and with like effect, upon filing with the court administrator a
plea of confession signed by an attorney of such court, together
with an instrument signed by the debtor authorizing such
confession; but such instrument must be distinct from that
containing the bond, contract, or other evidence of the demand
for which judgment is confessed. Any person filing a plea of
confession and an instrument under this section shall pay the
same fee as provided for filing a civil action in district
court; except that if the amount of the judgment confessed is
not greater than the jurisdictional limit of the conciliation
court, the fee shall be in the amount of the filing fee for an
action in conciliation court.
Sec. 102. Minnesota Statutes 1992, section 548.30, is
amended to read:
548.30 [FEES.]
Any person filing a foreign judgment shall pay to the court
administrator the same fee as provided for filing a civil action
in district court, except that if the amount of the judgment is
not greater than the jurisdictional limit of the conciliation
court, the fee shall be in the amount of the filing fee for an
action in conciliation court. Fees for docketing, transcription
or other enforcement proceedings shall be as provided for
judgments of any district court of this state.
Sec. 103. Minnesota Statutes 1992, section 549.02, is
amended to read:
549.02 [COSTS IN DISTRICT COURTS.]
Subdivision 1. [DISTRICT COURT.] In actions commenced in
the district court, costs shall be allowed as follows:
To plaintiff: (1) Upon a judgment in the plaintiff's favor
of $100 or more in an action for the recovery of money only,
$100 $200. (2) In all other actions, including an action by a
public employee for wrongfully denied or withheld employment
benefits or rights, except as otherwise specially
provided, $100 $200.
To defendant: Upon discontinuance or dismissal or when
judgment is rendered in the defendant's favor on the merits,
$100 $200.
To the prevailing party: $5.50 for the cost of filing a
satisfaction of the judgment.
This section does not apply to actions removed to district
court from conciliation court.
Subd. 2. [ON APPEAL.] Upon a judgment on the merits on
appeal to the court of appeals or supreme court, additional
costs in the amount of $300 shall be allowed to the prevailing
party.
Sec. 104. Minnesota Statutes 1992, section 593.48, is
amended to read:
593.48 [COMPENSATION OF JURORS AND TRAVEL REIMBURSEMENT.]
A juror shall be reimbursed for round-trip travel between
the juror's residence and the place of holding court and
compensated for required attendance at sessions of court and may
be reimbursed for additional day care expenses incurred as a
result of jury duty at a rate rates determined by the supreme
court, and shall be compensated at a rate of $15 for each day of
required attendance at sessions of the court. Except in the
eighth judicial district where the state shall pay directly, the
compensation and reimbursement shall be paid out of the county
treasury upon receipt of authorization to pay from the jury
commissioner. These jury costs shall be reimbursed monthly by
the supreme court upon submission of an invoice by the county
treasurer. A monthly report of payments to jurors shall be sent
to the jury commissioner within two weeks of the end of the
month in the form required by the jury commissioner.
Sec. 105. Minnesota Statutes 1992, section 609.101,
subdivision 4, is amended to read:
Subd. 4. [MINIMUM FINES; OTHER CRIMES.] Notwithstanding
any other law:
(1) when a court sentences a person convicted of a felony
that is not listed in subdivision 2 or 3, it must impose a fine
of not less than 20 percent of the maximum fine authorized by
law nor more than the maximum fine authorized by law; and
(2) when a court sentences a person convicted of a gross
misdemeanor or misdemeanor that is not listed in subdivision 2,
it must impose a fine of not less than 20 percent of the maximum
fine authorized by law nor more than the maximum fine authorized
by law.
The court may not waive payment of the minimum fine or
authorize payment of it in installments unless the court makes
written findings on the record that the convicted person is
indigent or that the fine would create undue hardship for the
convicted person or that person's immediate family.
The minimum fine required by this subdivision is in
addition to the surcharge or assessment required by subdivision
1 and is in addition to any term of imprisonment or restitution
imposed or ordered by the court.
Sec. 106. [609.103] [PAYMENT BY CREDIT CARD.]
The court may permit the defendant to pay any fine,
assessment, surcharge, attorney reimbursement obligation, or
restitution obligation by credit card. The discount fees
assessed by the credit card company shall be borne by the
county, except in the eighth judicial district where the cost
shall be borne by the state.
Sec. 107. Laws 1989, chapter 335, article 3, section 44,
as amended by Laws 1990, chapter 604, article 9, section 13, and
Laws 1991, chapter 345, article 3, section 27, is amended to
read:
Sec. 44. [APPLICATION.]
Sections 45 to 54, except the parts of section 54, that by
their terms have broader application, apply only in the eighth
judicial district for the period from January 1, 1990, to
December 31, 1993 1999.
Those parts of section 54, having broader application,
apply statewide for the period from July 1, 1989, to December
31, 1993 1999.
Sec. 108. [EARLY RETIREMENT INCENTIVES.]
Subdivision 1. [EMPLOYER PARTICIPATION.] The early
retirement incentives provided in this section may be offered to
eligible employees by any public employer, as defined in
Minnesota Statutes, section 179A.03, subdivision 15. The
incentives must be offered to eligible employees of all state
agencies if the commissioner of employee relations and the
commissioner of finance certify that layoffs in any of the
agencies would occur without the incentives.
The incentives in this section do not apply to a teacher,
as defined in Minnesota Statutes, section 354.05, subdivision 2,
or 354A.011, subdivision 27, employed by a local school board.
Subd. 2. [ELIGIBILITY.] A person employed by a public
employer offering the incentive is eligible to receive the
incentive if the person:
(1) has at least 25 years of combined service credit in any
Minnesota public pension plans governed by Minnesota Statutes,
section 356.30, subdivision 3, or for purposes of the incentive
in subdivision 3, paragraph (b) only, is at least 65 years old
and has at least one year of combined service credit in these
pension plans;
(2) upon retirement is immediately eligible for a
retirement annuity from a defined benefit plan, if the person is
a member of a defined benefit plan;
(3) is at least 55 years of age; and
(4) retires on or after May 17, 1993, and before January
31, 1994.
Subd. 3. [INCENTIVE.] (a) A person may not choose both the
incentive in paragraph (b) and the incentive in paragraph (c).
An employer that is required to or chooses to offer the
incentive must offer each employee eligible for both incentives
a choice between the incentive in paragraph (b) or the incentive
in paragraph (c), except that employers whose employees are
covered under Minnesota Statutes, sections 353.29 and 353.30,
need not offer both incentives.
(b) For a person covered by a retirement plan established
in Minnesota Statutes, section 352.115, 352.116, 353.29 or
353.30, or chapter 354 or 422A, who selects the incentive under
this paragraph, the multiplier percentage used to calculate the
retirement annuity must be increased for each year of service
credit up to 30 years. The amount of the increase is: (i) .25
for each year of service credit calculated under Minnesota
Statutes, section 352.115, 352.116, 353.29, or 353.30, or
chapter 422A; and (ii) .10 for each year of service credit
calculated under Minnesota Statutes, chapter 354 or 354A. If a
person has more than 30 years of service credit, the increased
multiplier applies only to the first 30 years.
(c) For a person who selects the incentive under this
paragraph, the employer must pay for hospital, medical, and
dental insurance, under conditions and limitations specified in
this section. A person is eligible for this employer-paid
insurance only if the person:
(1) is eligible for employer-paid insurance under a
collective bargaining agreement or personnel plan in effect on
the day before the effective date of this section;
(2) has at least as many months of service with the current
employer as the number of months younger than age 65 the person
is at the time of retirement; and
(3) is less than age 65.
(d) An employer that offers incentives under this section
may not exclude eligible employees.
Subd. 4. [LIMITS ON REHIRING.] During the biennium ending
June 30, 1995:
(1) an executive branch state agency may not hire a
replacement for a person who retires under this subdivision
except for (i) correctional guards and persons who provide
direct patient care in state institutions; (ii) other positions
listed in a position-specific written directive issued by the
governor, or by the employing constitutional officer for
positions in a constitutional office; or (iii) in the case of
the state universities and community colleges, after review by
the presidents, the governing boards decide on a case-by-case
basis which positions must be replaced to provide for continuity
of service on the campuses; and
(2) another public employer may not hire a replacement for
a person who retires under this subdivision, except under
position-specific action of the governing body.
Subd. 5. [CONDITIONS.] For purposes of this section, a
person retires when the person terminates active employment and
applies for retirement benefits. An employee who retires under
this section using the rule of 90 must not be included in the
calculations required by Minnesota Statutes, section 356.85.
Subd. 6. [CONDITIONS; INSURANCE COVERAGE.] A retired
employee is eligible for single and dependent insurance
coverages and employer payments to which the person was entitled
immediately before retirement, subject to any changes in
coverage and employer and employee payments through collective
bargaining or personnel plans, for employees in positions
equivalent to the position from which the employee retired. The
retired employee is not eligible for employer-paid life
insurance. Eligibility ceases when the retired employee attains
the age of 65, or when the person chooses not to receive the
retirement benefits for which the person has applied, or when
the person is eligible for employer-paid health insurance from a
new employer. Coverages must be coordinated with relevant
health insurance benefits provided through the federally
sponsored Medicare program.
Subd. 7. [APPLICATION OF OTHER LAWS.] Unilateral
implementation of this section by a public employer is not an
unfair labor practice for purposes of Minnesota Statutes,
chapter 179A. The requirement in this section for an employer
to pay health insurance costs for certain retired employees is
not subject to the limits in Minnesota Statutes, section
179A.20, subdivision 2a.
Sec. 109. [TRANSFER.]
The responsibilities of the commissioner of administration
for the office of dispute resolution are transferred under
Minnesota Statutes, section 15.039, to the commissioner of
mediation services.
Sec. 110. [REPEALER.]
(a) Minnesota Statutes 1992, section 309.502, is repealed.
(b) Minnesota Statutes 1992, sections 16A.095, subdivision
3; 16A.123; 16A.128; 16A.1281; 16A.35; 16A.45, subdivisions 2
and 3; 16A.80; and 290A.24, are repealed.
(c) Minnesota Statutes 1992, section 13.072, is repealed
effective August 1, 1995.
Sec. 111. [REVISOR INSTRUCTION.]
In the next edition of Minnesota Statutes, the revisor of
statutes shall renumber sections 16A.15, subdivision 1, as
16A.152, subdivision 4; 16A.15, subdivision 5, as 16A.152,
subdivision 6; 16A.15, subdivision 6, as 16A.152, subdivision 1;
16A.15, subdivision 7, as 16A.152, subdivision 7; 16A.1541 as
16A.152, subdivision 2. The revisor shall also conform
cross-references to the renumbered provisions.
Sec. 112. [EFFECTIVE DATE.]
(a) Section 34 is effective the day after final enactment
and requires an audit for fiscal year 1993.
(b) Section 42 is effective the day following final
enactment. Section 42 does not apply if prohibited by contract,
but the appointing authority must amend the contract as soon as
possible to comply with section 42.
(c) Section 76 is effective retroactively to January 1,
1993.
(d) Sections 86, 87, 88, 89, 90, 108, and 110, paragraph
(a), are effective on the day following final enactment.
(e) Section 65 is effective June 30, 1995, and applies to
appropriations to the legislature, the senate, the house of
representatives, or a legislative commission or committee that
are unexpended and unencumbered on June 30, 1995.
Presented to the governor May 11, 1993
Signed by the governor May 14, 1993, 1:30 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes