STATE OF
MINNESOTA
EIGHTY-SEVENTH
SESSION - 2011
_____________________
THIRTY-SECOND
DAY
Saint Paul, Minnesota, Monday, March 28, 2011
The House of Representatives convened at 12:00
noon and was called to order by Kurt Zellers, Speaker of the House.
Prayer was offered by the Reverend Tim
Johnson, Cherokee Park United Church, St. Paul, Minnesota.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Buesgens
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greiling
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hayden
Hilstrom
Hilty
Holberg
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Paymar
Pelowski
Peppin
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Rukavina
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
A quorum was present.
Laine was excused.
Hoppe was excused until 12:45 p.m. Greene was excused until 2:50 p.m.
The Chief Clerk proceeded to read the
Journals of the preceding days. There
being no objection, further reading of the Journals was dispensed with and the
Journals were approved as corrected by the Chief Clerk.
REPORTS OF STANDING COMMITTEES AND
DIVISIONS
Smith from the Committee on Judiciary Policy and Finance to which was referred:
H. F. No. 440, A bill for an act relating to courts; clarifying placement of vehicle license plates; modifying failure to provide vehicle insurance for drivers and owners; modifying service of petition for certain election errors; requiring corrections agent to provide form regarding predatory offender duty to register; opening certain hearings concerning parents and children; clarifying certain fees and surcharges; modifying certain notary provisions; modifying certain appeals of referee orders; modifying certain lien filing and records; modifying certain service procedures and documents for domestic abuse; clarifying document copies for probate records; amending Minnesota Statutes 2010, sections 169.79, subdivision 6; 169.797, subdivision 4; 204B.44; 243.166, subdivision 2; 257.61; 257.70; 279.37, subdivision 8; 357.021, subdivision 6; 359.061, subdivisions 1, 2; 484.013, subdivisions 3, 6; 514.69; 514.70; 518B.01, subdivision 8; 525.091, subdivisions 1, 3; repealing Minnesota Statutes 2010, sections 359.061, subdivision 3; 525.091, subdivision 4; 626A.17.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
APPROPRIATIONS
Section 1. SUMMARY
OF APPROPRIATIONS. |
The amounts shown in this section
summarize direct appropriations, by fund, made in this article.
|
|
2012 |
|
2013 |
|
Total |
|
|
|
|
|
|
|
General |
|
$363,303,000
|
|
$365,345,000
|
|
$728,648,000
|
Special Revenue |
|
$-0-
|
|
$-0-
|
|
$-0-
|
|
|
|
|
|
|
|
Total |
|
$363,303,000 |
|
$365,345,000 |
|
$728,648,000 |
Sec. 2. APPROPRIATIONS. |
The sums shown in the columns marked "Appropriations" are appropriated to the agencies and for the purposes specified in this article. The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose. The figures "2012" and "2013" used in this article mean that the appropriation listed under them is available for the fiscal year ending June 30, 2012, or June 30, 2013, respectively.
|
|
|
APPROPRIATIONS |
|
|
|
|
Available for the Year |
|
|
|
|
Ending June 30 |
|
|
|
|
2012 |
2013 |
Sec. 3. SUPREME
COURT |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$41,274,000 |
|
$39,575,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Supreme
Court Operations |
|
30,458,000
|
|
30,759,000
|
(a) Contingent Account. $5,000
each year is for a contingent account for expenses necessary for the normal
operation of the court for which no other reimbursement is provided.
(b) Employee Health Care. The
chief justice of the Supreme Court shall study and report to the chairs and
ranking minority members of the house of representatives and senate committees
with jurisdiction over judiciary finance by January 15, 2012, on the advantages
and disadvantages of having judicial branch officials and employees leave the
state employee group insurance program and form their own group benefit plan,
including the option of shifting to a plan based on high-deductible health
savings accounts.
Subd. 3. Civil
Legal Services |
|
10,816,000
|
|
8,816,000
|
(a) Legal Services to Low-Income Clients in Family Law Matters. Of this appropriation, $877,000 each
year is to improve the access of low-income clients to legal representation in
family law matters. This appropriation
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 in the second year.
(b) Limits on Services. No
portion of the funds appropriated may be used to represent or serve clients: (1) in federal civil or criminal matters
outside the jurisdiction of the state courts or agencies; (2) in suing a state
or federal entity; and (3) in advocating at the legislature for or against
current or proposed policy and law.
Sec. 4. COURT
OF APPEALS |
|
$10,106,000 |
|
$10,228,000 |
Sec. 5. TRIAL
COURTS |
|
$233,347,000 |
|
$236,966,000 |
Sec. 6. GUARDIAN
AD LITEM BOARD |
|
$11,988,000 |
|
$11,988,000 |
Case
priority. The board shall
assign guardians to clients who are entitled by statute to representation prior
to clients for whom the courts request guardians but who are not entitled to a
guardian under statute.
Sec. 7. TAX
COURT |
|
$790,000 |
|
$790,000 |
Operating
schedule. At least one tax
court judge shall hold hearings and meetings or otherwise conduct regular
business on all days that executive branch agencies are open for business.
Sec. 8. UNIFORM
LAWS COMMISSION |
|
$30,000 |
|
$30,000 |
Membership
dues. This appropriation is
to pay the state's membership dues to the National Uniform Laws Commission. No portion of this appropriation may be used
to fund the travel or expenses of members of the commission.
Sec. 9. BOARD
ON JUDICIAL STANDARDS |
|
$456,000 |
|
$456,000 |
Sec. 10. BOARD
OF PUBLIC DEFENSE |
|
$64,726,000 |
|
$64,726,000 |
Public
defense corporations representation.
Funds appropriated to public defense corporations shall only be
used to defend clients who are constitutionally or statutorily entitled to a
public defender and who meet the income eligibility standards in Minnesota
Statutes, section 611.17.
Sec. 11. SENTENCING
GUIDELINES |
|
$586,000 |
|
$586,000 |
Sec. 12. PROHIBITION ON USE OF APPROPRIATIONS |
|
|
|
No portion of these appropriations may be
used for the purchase of motor vehicles or out-of-state travel that is not
directly connected with and necessary to carry out the core functions of the
organizations funded in this article.
Sec. 13. SALARY
FREEZE.
(a) Effective July 1, 2011, a state
employee funded under this article may not receive a salary or wage increase. This section prohibits any increases,
including but not limited to: across-the-board
increases; cost-of-living adjustments; increases based on longevity; step
increases; increases in the form of lump-sum payments; increases in employer
contributions to deferred compensation plans; or any other pay grade
adjustments of any kind. This section
does not prohibit an increase in the rate of salary and wages for an employee
who is promoted or transferred to a position with greater responsibilities and
with a higher salary or wage rate.
(b) This section expires on June 30,
2013.
Sec. 14. CAPPING
MILEAGE REIMBURSEMENT.
For entities funded by an appropriation
in this bill, no official or employee may be reimbursed for mileage expenses at
a rate that exceeds 51 cents per mile.
ARTICLE 2
COURTS AND SENTENCING
Section 1. Minnesota Statutes 2010, section 169.79, subdivision 6, is amended to read:
Subd. 6. Other
motor vehicles. If the motor vehicle
is any kind of motor vehicle other than those provided for in subdivisions 2 to
4, one plate two plates must be displayed on. One plate must be displayed at the front and
one on the rear of the vehicle and one at the back. The two plates must either be mounted on the
front and rear bumpers of the vehicle or on the front and back of the vehicle
exterior in places designed to hold a license plate.
Sec. 2. Minnesota Statutes 2010, section 169.797, subdivision 4, is amended to read:
Subd. 4. Penalty. (a) A person who violates this section is guilty of a misdemeanor. A person is guilty of a gross misdemeanor who violates this section within ten years of the first of two prior convictions under this section, section 169.791, or a statute or ordinance in conformity with one of those sections. The operator of a vehicle who violates subdivision 3 and who causes or contributes to causing a vehicle accident that results in the death of any person or in substantial bodily harm to any person, as defined in section 609.02, subdivision 7a, is guilty of a gross misdemeanor. The same prosecuting authority who is responsible for prosecuting misdemeanor violations of this section is responsible for prosecuting gross misdemeanor violations of this section. In addition to any sentence of imprisonment that the court may impose on a person convicted of violating this section, the court shall impose a fine of not less than $200 nor more than the maximum amount authorized by law. The court may allow community service in lieu of any fine imposed if the defendant is indigent.
(b) A driver who is the owner of the
vehicle may, no later than the date and time specified in the citation for the
driver's first court appearance, produce proof of insurance stating that
security had been provided for the vehicle that was being operated at the time
of demand to the court administrator. The
required proof of insurance may be sent by mail by the driver as long as it is
received no later than the date and time specified in the citation for the
driver's first court appearance. If a
citation is issued, no person shall be convicted of violating this section if
the court administrator receives the required proof of insurance no later than
the date and time specified in the citation for the driver's first court
appearance. If the charge is made other
than by citation, no person shall be convicted of violating this section if the
person presents the required proof of insurance at the person's first court
appearance after the charge is made.
(c) If the driver is not the owner of
the vehicle, the driver shall, no later than the date and time specified in the
citation for the driver's first court appearance, provide the district court
administrator with proof of insurance or the name and address of the owner. Upon receipt of the name and address of the
owner, the district court administrator shall communicate the information to
the law enforcement agency.
(d) If the driver is not the owner of
the vehicle, the officer may send or provide a notice to the owner of the
vehicle requiring the owner to produce proof of insurance for the vehicle that
was being operated at the time of the demand.
Notice by mail is presumed to be received five days after mailing and
shall be sent to the owner's current address or the address listed on the
owner's driver's license. Within ten
days after receipt of the notice, the owner shall produce the required proof of
insurance to the place stated in the notice received by the owner. The required proof of insurance may be sent
by mail by the owner as long as it is received within ten days. Any owner who fails to produce proof of
insurance within ten days of an officer's request under this subdivision is
guilty of a misdemeanor. The peace officer
may mail the citation to the owner's current address or address stated on the
owner's driver's license. It is an
affirmative defense to a charge against the owner that the driver used the
owner's vehicle without consent, if insurance would not have been required in
the absence of the unauthorized use by the driver. It is not a defense that a person failed to
notify the Department of Public Safety of a change of name or address as
required under section 171.11. The
citation may be sent after the ten-day period.
(b) (e) The court may impose
consecutive sentences for offenses arising out of a single course of conduct as
permitted in section 609.035, subdivision 2.
(c) (f) In addition to the
criminal penalty, the driver's license of an operator convicted under this
section shall be revoked for not more than 12 months. If the operator is also an owner of the
vehicle, the registration of the vehicle shall also be revoked for not more
than 12 months. Before reinstatement of
a driver's license or registration, the operator shall file with the
commissioner of public safety the written certificate of an insurance carrier
authorized to do business in this state stating that security has been provided
by the operator as required by section 65B.48.
(d) (g) The commissioner
shall include a notice of the penalties contained in this section on all forms
for registration of vehicles required to maintain a plan of reparation
security.
Sec. 3. Minnesota Statutes 2010, section 260C.331, subdivision 3, is amended to read:
Subd. 3. Court expenses. The following expenses are a charge upon the county in which proceedings are held upon certification of the judge of juvenile court or upon such other authorization provided by law:
(1) the fees and mileage of witnesses, and the expenses and mileage of officers serving notices and subpoenas ordered by the court, as prescribed by law;
(2) the expense of transporting a child to a place designated by a child-placing agency for the care of the child if the court transfers legal custody to a child-placing agency;
(3) the expense of transporting a minor to a place designated by the court;
(4) reasonable compensation for an attorney appointed by the court to serve as counsel.
The State Guardian Ad Litem Board shall pay
for guardian ad litem expenses and reasonable compensation for an attorney to
serve as counsel for a guardian ad litem, if necessary. In no event may the court order that
guardian ad litem expenses or compensation for an attorney serving as counsel
for a guardian ad litem be charged to a county.
Sec. 4. Minnesota Statutes 2010, section 357.021, subdivision 6, is amended to read:
Subd. 6. Surcharges on criminal and traffic offenders. (a) Except as provided in this paragraph, the court shall impose and the court administrator shall collect a $75 surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle parking, for which there shall be a $12 surcharge. When a defendant is convicted of more than one offense in a case, the surcharge shall be imposed only once in that case. In the Second Judicial District, the court shall impose, and the court administrator shall collect, an additional $1 surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or petty misdemeanor offense, including a violation of a law or ordinance relating to vehicle parking, if the Ramsey County Board of Commissioners authorizes the $1 surcharge. The surcharge shall be imposed whether or not the person is sentenced to imprisonment or the sentence is stayed. The surcharge shall not be imposed when a person is convicted of a petty misdemeanor for which no fine is imposed.
(b) If the court fails to impose a surcharge as required by this subdivision, the court administrator shall show the imposition of the surcharge, collect the surcharge, and correct the record.
(c) The court may not waive payment of the surcharge required under this subdivision. Upon a showing of indigency or undue hardship upon the convicted person or the convicted person's immediate family, the sentencing court may authorize payment of the surcharge in installments.
(d) The court administrator or other entity collecting a surcharge shall forward it to the commissioner of management and budget.
(e) If the convicted person is sentenced to imprisonment and has not paid the surcharge before the term of imprisonment begins, the chief executive officer of the correctional facility in which the convicted person is incarcerated shall collect the surcharge from any earnings the inmate accrues from work performed in the facility or while on conditional release. The chief executive officer shall forward the amount collected to the court administrator or other entity collecting the surcharge imposed by the court.
(f) A person who successfully completes
a diversion or similar program enters a diversion program, continuance
without prosecution, continuance for dismissal, or stay of adjudication for
a violation of chapter 169 must pay the surcharge described in this subdivision. A surcharge imposed under this paragraph
shall be imposed only once per case.
(g) The surcharge does not apply to administrative citations issued pursuant to section 169.999.
Sec. 5. Minnesota Statutes 2010, section 563.01, subdivision 3, is amended to read:
Subd. 3. Authorization of forma pauperis. (a) Any court of the state of Minnesota or any political subdivision thereof may authorize the commencement or defense of any civil action, or appeal therein, without prepayment of fees, costs and security for costs by a natural person who makes affidavit stating (a) the nature of the action, defense or appeal, (b) a belief that affiant is entitled to redress, and (c) that affiant is financially unable to pay the fees, costs and security for costs.
(b) Upon a finding by the court that the action is not of a frivolous nature, the court shall allow the person to proceed in forma pauperis if the affidavit is substantially in the language required by this subdivision and is not found by the court to be untrue. Persons meeting the requirements of this subdivision include, but are not limited to, a person who is receiving public assistance, who is represented by an attorney on behalf of a civil legal services program or a volunteer attorney program based on indigency, or who has an annual income not greater than 125 percent of the poverty line established under United States Code, title 42, section 9902(2), except as otherwise provided by section 563.02.
(c) If, at or following commencement of the action, the party is or becomes able to pay a portion of the fees, costs, and security for costs, the court may order any of the following:
(1) payment of a fee of not less than
$75;
(2) partial payment of fees, costs, and
security for costs; or
(3) reimbursement of all or a portion of
fees, costs, and security for costs paid in monthly payments as directed by the
court.
The court administrator shall transmit
any fees or payments to the commissioner of management and budget for deposit
in the state treasury and credit them to the general fund.
EFFECTIVE
DATE. This section is
effective July 1, 2011.
ARTICLE 3
PUBLIC DEFENDERS
Section 1. Minnesota Statutes 2010, section 609.131, subdivision 1, is amended to read:
Subdivision 1. General
rule. Except as provided in
subdivision 2, an alleged misdemeanor violation must be treated as a petty
misdemeanor if the prosecuting attorney believes that it is in the interest of
justice that the defendant not be imprisoned if convicted and certifies that
belief to the court at or before the time of arraignment or pretrial hearing,
and the court approves of the certification motion. Prior to the appointment of a public
defender to represent a defendant charged with a misdemeanor, the court shall
inquire of the prosecutor whether the prosecutor intends to certify the case as
a petty misdemeanor. The defendant's
consent to the certification is not required.
When an offense is certified as a petty misdemeanor under this section,
the defendant's eligibility for court-appointed counsel must be evaluated as
though the offense were a misdemeanor defendant is not eligible for the
appointment of a public defender.
Sec. 2. Minnesota Statutes 2010, section 611.16, is amended to read:
611.16
REQUEST FOR APPOINTMENT OF PUBLIC DEFENDER.
Any person described in section 611.14 or
any other person entitled by law to representation by counsel, may at any
time request the court in which the matter is pending, or the court in which
the conviction occurred, to appoint a public defender to represent the person. In a proceeding defined by clause (2) of
section 611.14, clause (2), application for the appointment of a public
defender may also be made to a judge of the Supreme Court.
Sec. 3. Minnesota Statutes 2010, section 611.17, is amended to read:
611.17
FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT; STANDARDS FOR DISTRICT PUBLIC
DEFENSE ELIGIBILITY.
(a) Each judicial district must screen requests for representation by the district public defender. A defendant is financially unable to obtain counsel if:
(1) the defendant, or any dependent of
the defendant who resides in the same household as the defendant, receives
means-tested governmental benefits; or is charged with a misdemeanor and
has an annual household income not greater than 125 percent of the poverty
guidelines updated periodically in the Federal Register by the United States
Department of Health and Human Services under the authority of United States
Code, title 42, section 9902(2);
(2) the defendant is charged with a
gross misdemeanor and has an annual household income not greater than 150
percent of the poverty guidelines updated periodically in the Federal Register
by the United States Department of Health and Human Services under the
authority of United States Code, title 42, section 9902(2);
(3) the defendant is charged with a
felony and has an annual household income not greater than 175 percent of the
poverty guidelines updated periodically in the Federal Register by the United
States Department of Health and Human Services under the authority of United
States Code, title 42, section 9902(2); or
(2) (4) the court determines that
the defendant, through any combination of liquid assets and current income,
would be unable to pay the reasonable costs charged by private counsel in that
judicial district for a defense of the same matter.
(b) Upon a request for the appointment of
counsel, the court shall make an appropriate inquiry into the determination
of financial circumstances eligibility under paragraph (a) of
the applicant, who shall submit a financial statement under oath or affirmation
setting forth the applicant's assets and liabilities, including the value of
any real property owned by the applicant, whether homestead or otherwise, less
the amount of any encumbrances on the real property, the source or sources of
income, and any other information required by the court. The applicant shall be under a continuing
duty while represented by a public defender to disclose any changes in the
applicant's financial circumstances that might be relevant to the
applicant's eligibility for a public defender. The state public defender shall furnish
appropriate forms for the financial statements, which must be used by the
district courts throughout the state.
The forms must contain conspicuous notice of the applicant's continuing
duty to disclose to the court changes in the applicant's financial
circumstances. The forms must also
contain conspicuous notice of the applicant's obligation to make a co-payment
for the services of the district public defender, as specified under paragraph
(c). The information contained in the
statement shall be confidential and for the exclusive use of the court and the
public defender appointed by the court to represent the applicant except
for any prosecution under section 609.48.
A refusal to execute the financial statement or produce financial
records constitutes a waiver of the right to the appointment of a public
defender. The court shall not appoint a
district public defender to a defendant who is financially able to retain
private counsel but refuses to do so.
An inquiry to determine financial
eligibility of a defendant for the appointment of the district public defender
shall be made whenever possible prior to the court appearance and by such
persons as the court may direct. This
inquiry may be combined with the prerelease investigation provided for in
Minnesota Rule of Criminal Procedure 6.02, subdivision 3. In no case shall the district public
defender be required to perform this inquiry or investigate the defendant's
assets or eligibility. The court has the
sole duty to conduct a financial inquiry.
The inquiry must include the following:
(1) the liquidity of real estate assets, including the defendant's homestead;
(2) any assets that can be readily converted to cash or used to secure a debt;
(3) the determination of whether the transfer of an asset is voidable as a fraudulent conveyance; and
(4) the value of all property transfers occurring on or after the date of the alleged offense. The burden is on the accused to show that the accused is financially unable to afford counsel. Defendants who fail to provide information necessary to determine eligibility shall be deemed ineligible. The court must not appoint the district public defender as advisory counsel.
(c) Upon disposition of the case, an individual who has received public defender services shall pay to the court a $75 co-payment for representation provided by a public defender, unless the co-payment is, or has been, reduced in part or waived by the court.
The co-payment must be credited to the general fund. If a term of probation is imposed as a part of an offender's sentence, the co-payment required by this section must not be made a condition of probation. The co-payment required by this section is a civil obligation and must not be made a condition of a criminal sentence.
(d) The court shall not appoint a
public defender to a defendant who is financially able to retain counsel but
refuses to do so, refuses to execute the financial statement or refuses to
provide information necessary to determine financial eligibility under this
section, or waives appointment of a public defender under section 611.19.
Sec. 4. Minnesota Statutes 2010, section 611.18, is amended to read:
611.18
APPOINTMENT OF PUBLIC DEFENDER.
If it appears to a court that a person
requesting the appointment of counsel satisfies the requirements of this
chapter, the court shall order the appropriate public defender to
represent the person at all further stages of the proceeding through appeal,
if any. For a person appealing from
a conviction, or a person pursuing a postconviction proceeding and who has not
already had a direct appeal of the conviction, according to the standards of
sections 611.14, clause (2), and 611.25, subdivision 1, paragraph (a),
clause (2), the state chief appellate public defender shall be
appointed. For a person covered by
section 611.14, clause (1), a (3), or (4), the chief district
public defender shall be appointed to represent that person. If (a) conflicting interests exist, (b)
the district public defender for any other reason is unable to act, or (c) the
interests of justice require, the state public defender may be ordered to
represent a person. When the state
public defender is directed by a court to represent a defendant or other
person, the state public defender may assign the representation to any district
public defender. If at any stage of
the proceedings, including an appeal, the court finds that the defendant
is financially unable to pay counsel whom the defendant had retained, the court
may appoint the appropriate public defender to represent the defendant,
as provided in this section. Prior to
any court appearance, a public defender may represent a person accused of
violating the law, who appears to be financially unable to obtain counsel,
and shall continue to represent the person unless it is subsequently determined
that the person is financially able to obtain counsel. The representation may be made available at
the discretion of the public defender, upon the request of the person or
someone on the person's behalf. Any law
enforcement officer may notify the public defender of the arrest of any such
person.
Sec. 5. Minnesota Statutes 2010, section 611.20, subdivision 3, is amended to read:
Subd. 3. Reimbursement. In each fiscal year, the commissioner of management and budget shall deposit the payments in the special revenue fund and credit them to a separate account with the Board of Public Defense. The amount credited to this account is appropriated to the Board of Public Defense.
The balance of this account does not
cancel but is available until expended. Expenditures
by the board from this account for each judicial district public defense office
must be based on the amount of the payments received by the state from the
courts in each judicial district. A
district public defender's office that receives money under this subdivision
shall use the money to supplement office overhead payments to part-time
attorneys providing public defense services in the district. By January 15 of each year, the Board of
Public Defense shall report to the chairs and ranking minority members of the
senate and house of representatives divisions having jurisdiction over criminal
justice funding on the amount appropriated under this subdivision, the number
of cases handled by each district public defender's office, the number of cases
in which reimbursements were ordered, and the average amount of
reimbursement ordered, and the average amount of money received by part-time
attorneys under this subdivision.
EFFECTIVE
DATE. This section is
effective July 1, 2011.
Sec. 6. Minnesota Statutes 2010, section 611.20, subdivision 4, is amended to read:
Subd. 4. Employed
defendants; ability to pay. (a)
A court shall order a defendant who is employed when a public defender is
appointed, or who becomes employed while represented by a public defender, or
who is or becomes able to make partial payments for counsel, to reimburse
the state for the cost of the public defender.
If reimbursement is required under this subdivision, the court shall
order the reimbursement when a public defender is first appointed or as soon as
possible after the court determines that reimbursement is required. The court may accept partial reimbursement
from the defendant if the defendant's financial circumstances warrant a reduced
reimbursement schedule. The court may
consider the guidelines in subdivision 6 in determining a defendant's
reimbursement schedule. If a
defendant does not agree to make payments, the court may order the defendant's
employer to withhold a percentage of the defendant's income to be turned over
to the court. The percentage to be
withheld may be determined under subdivision 6 In determining the
percentage to be withheld, the court shall consider the income and assets of
the defendant based on the financial statement provided by the defendant when
applying for the public defender under section 611.17.
(b) If a court determines under section
611.17 that a defendant is financially unable to pay the reasonable costs
charged by private counsel due to the cost of a private retainer fee, the court
shall evaluate the defendant's ability to make partial payments or
reimbursement.
Sec. 7. Minnesota Statutes 2010, section 611.27, subdivision 1, is amended to read:
Subdivision 1. County
payment responsibility District public defender budget. (a) A chief district public defender
shall annually submit a comprehensive budget to the state Board of Public
Defense. The budget shall be in
compliance with standards and forms required by the board. The chief district public defender shall, at
times and in the form required by the board, submit reports to the board
concerning its operations, including the number of cases handled and funds
expended for these services.
(b) Money appropriated to the state Board of Public Defense for the board's administration, for the state public defender, for the judicial district public defenders, and for the public defense corporations shall be expended as determined by the board. In distributing funds to district public defenders, the board shall consider the geographic distribution of public defenders, the equity of compensation among the judicial districts, public defender case loads, and the results of the weighted case load study.
Sec. 8. Minnesota Statutes 2010, section 611.27, subdivision 5, is amended to read:
Subd. 5. District
public defender budgets and county payment responsibility. The board of public defense may only
shall fund all those items and services in necessary
for the district public defender budgets which were included in the
original budgets of district public defender offices as of January 1, 1990. All other public defense related costs remain
the responsibility of the counties unless the state specifically appropriates
for these. The cost of additional state
funding of these items and services must be offset by reductions in local aids
in the same manner as the original state takeover. to satisfy its obligations under this
chapter. Except as provided in section
611.26, subdivision 3a, counties shall not pay and no court shall order any
county to pay for representation of individuals charged with a crime.
Sec. 9. REPEALER.
Minnesota Statutes 2010, section 611.20,
subdivision 6, is repealed.
ARTICLE 4
SEXUALLY EXPLOITED YOUTH
Section 1. Minnesota Statutes 2010, section 260B.007, subdivision 6, is amended to read:
Subd. 6. Delinquent
child. (a) Except as otherwise
provided in paragraph paragraphs (b) and (c),
"delinquent child" means a child:
(1) who has violated any state or local law, except as provided in section 260B.225, subdivision 1, and except for juvenile offenders as described in subdivisions 16 to 18;
(2) who has violated a federal law or a law of another state and whose case has been referred to the juvenile court if the violation would be an act of delinquency if committed in this state or a crime or offense if committed by an adult;
(3) who has escaped from confinement to a state juvenile correctional facility after being committed to the custody of the commissioner of corrections; or
(4) who has escaped from confinement to a local juvenile correctional facility after being committed to the facility by the court.
(b) The term delinquent child does not include a child alleged to have committed murder in the first degree after becoming 16 years of age, but the term delinquent child does include a child alleged to have committed attempted murder in the first degree.
(c) The term delinquent child does not
include a child who is alleged to have engaged in conduct which would, if committed
by an adult, violate any federal, state, or local law relating to being hired,
offering to be hired, or agreeing to be hired by another individual to engage
in sexual penetration or sexual conduct.
EFFECTIVE
DATE. This section is
effective August 1, 2014, and applies to offenses committed on or after that
date.
Sec. 2. Minnesota Statutes 2010, section 260B.007, subdivision 16, is amended to read:
Subd. 16. Juvenile petty offender; juvenile petty offense. (a) "Juvenile petty offense" includes a juvenile alcohol offense, a juvenile controlled substance offense, a violation of section 609.685, or a violation of a local ordinance, which by its terms prohibits conduct by a child under the age of 18 years which would be lawful conduct if committed by an adult.
(b) Except as otherwise provided in paragraph (c), "juvenile petty offense" also includes an offense that would be a misdemeanor if committed by an adult.
(c) "Juvenile petty offense" does not include any of the following:
(1) a misdemeanor-level
violation of section 518B.01, ; 588.20, ; 609.224 ;
609.2242,; 609.324, subdivision 2 or 3; 609.5632,;
609.576,; 609.66,; 609.746,; 609.748,;
609.79,; or 617.23;
(2) a major traffic offense or an adult court traffic offense, as described in section 260B.225;
(3) a misdemeanor-level offense committed by a child whom the juvenile court previously has found to have committed a misdemeanor, gross misdemeanor, or felony offense; or
(4) a misdemeanor-level offense committed by a child whom the juvenile court has found to have committed a misdemeanor-level juvenile petty offense on two or more prior occasions, unless the county attorney designates the child on the petition as a juvenile petty offender notwithstanding this prior record. As used in this clause, "misdemeanor-level juvenile petty offense" includes a misdemeanor-level offense that would have been a juvenile petty offense if it had been committed on or after July 1, 1995.
(d) A child who commits a juvenile petty
offense is a "juvenile petty offender." The term juvenile petty offender does not
include a child alleged to have violated any law relating to being hired,
offering to be hired, or agreeing to be hired by another individual to engage
in sexual penetration or sexual conduct which, if committed by an adult, would
be a misdemeanor.
EFFECTIVE
DATE. This section is
effective August 1, 2014, and applies to offenses committed on or after that
date.
Sec. 3. Minnesota Statutes 2010, section 260C.007, subdivision 6, is amended to read:
Subd. 6. Child in need of protection or services. "Child in need of protection or services" means a child who is in need of protection or services because the child:
(1) is abandoned or without parent, guardian, or custodian;
(2)(i) has been a victim of physical or sexual abuse as defined in section 626.556, subdivision 2, (ii) resides with or has resided with a victim of child abuse as defined in subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or child abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment as defined in subdivision 15;
(3) is without necessary food, clothing, shelter, education, or other required care for the child's physical or mental health or morals because the child's parent, guardian, or custodian is unable or unwilling to provide that care;
(4) is without the special care made necessary by a physical, mental, or emotional condition because the child's parent, guardian, or custodian is unable or unwilling to provide that care;
(5) is medically neglected, which includes, but is not limited to, the withholding of medically indicated treatment from a disabled infant with a life-threatening condition. The term "withholding of medically indicated treatment" means the failure to respond to the infant's life-threatening conditions by providing treatment, including appropriate nutrition, hydration, and medication which, in the treating physician's or physicians' reasonable medical judgment, will be most likely to be effective in ameliorating or correcting all conditions, except that the term does not include the failure to provide treatment other than appropriate nutrition, hydration, or medication to an infant when, in the treating physician's or physicians' reasonable medical judgment:
(i) the infant is chronically and irreversibly comatose;
(ii) the provision of the treatment would merely prolong dying, not be effective in ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be futile in terms of the survival of the infant; or
(iii) the provision of the treatment would be virtually futile in terms of the survival of the infant and the treatment itself under the circumstances would be inhumane;
(6) is one whose parent, guardian, or other custodian for good cause desires to be relieved of the child's care and custody, including a child who entered foster care under a voluntary placement agreement between the parent and the responsible social services agency under section 260C.212, subdivision 8;
(7) has been placed for adoption or care in violation of law;
(8) is without proper parental care because of the emotional, mental, or physical disability, or state of immaturity of the child's parent, guardian, or other custodian;
(9) is one whose behavior, condition, or environment is such as to be injurious or dangerous to the child or others. An injurious or dangerous environment may include, but is not limited to, the exposure of a child to criminal activity in the child's home;
(10) is experiencing growth delays, which may be referred to as failure to thrive, that have been diagnosed by a physician and are due to parental neglect;
(11) has engaged in prostitution as
defined in section 609.321, subdivision 9 is a sexually exploited youth
as defined in subdivision 31;
(12) has committed a delinquent act or a juvenile petty offense before becoming ten years old;
(13) is a runaway;
(14) is a habitual truant;
(15) has been found incompetent to proceed or has been found not guilty by reason of mental illness or mental deficiency in connection with a delinquency proceeding, a certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a proceeding involving a juvenile petty offense; or
(16) has a parent whose parental rights to one or more other children were involuntarily terminated or whose custodial rights to another child have been involuntarily transferred to a relative and there is a case plan prepared by the responsible social services agency documenting a compelling reason why filing the termination of parental rights petition under section 260C.301, subdivision 3, is not in the best interests of the child.
EFFECTIVE
DATE. This section is
effective August 1, 2011.
Sec. 4. Minnesota Statutes 2010, section 260C.007, subdivision 11, is amended to read:
Subd. 11. Delinquent
child. "Delinquent child" means
a child:
(1) who has violated any state or local
law, except as provided in section 260B.225, subdivision 1, and except for
juvenile offenders as described in subdivisions 19 and 28; or
(2) who has violated a federal law or a
law of another state and whose case has been referred to the juvenile court if
the violation would be an act of delinquency if committed in this state or a
crime or offense if committed by an adult has the meaning given in
section 260B.007, subdivision 6.
EFFECTIVE
DATE. This section is
effective August 1, 2011.
Sec. 5. Minnesota Statutes 2010, section 260C.007, is amended by adding a subdivision to read:
Subd. 31. Sexually exploited youth. "Sexually exploited youth" means an individual who:
(1) is alleged to have engaged in
conduct which would, if committed by an adult, violate any federal, state, or
local law relating to being hired, offering to be hired, or agreeing to be
hired by another individual to engage in sexual penetration or sexual conduct;
(2) is a victim of a crime described in
section 609.342, 609.343, 609.345, 609.3451, 609.3453, 609.352, 617.246, or
617.247;
(3) is a victim of a crime described in
United States Code, title 18, section 2260; 2421; 2422; 2423; 2425; 2425A; or
2256; or
(4) is a sex trafficking victim as
defined in section 609.321, subdivision 7b.
EFFECTIVE
DATE. This section is
effective August 1, 2011.
Sec. 6. Minnesota Statutes 2010, section 609.321, subdivision 8, is amended to read:
Subd. 8. Prostitute. "Prostitute" means an individual 18 years of age or older who engages in prostitution.
EFFECTIVE DATE. This section is effective August 1, 2014, and
applies to crimes committed on or after that date.
Sec. 7. Minnesota Statutes 2010, section 609.3241, is amended to read:
609.3241
PENALTY ASSESSMENT AUTHORIZED.
(a) When a court sentences an adult
convicted of violating section 609.322 or 609.324, while acting other than as a
prostitute, the court shall impose an assessment of not less than $250 $500
and not more than $500 $750 for a violation of section 609.324,
subdivision 2, or a misdemeanor violation of section 609.324, subdivision 3;
otherwise the court shall impose an assessment of not less than $500 $750
and not more than $1,000. The mandatory
minimum portion of the assessment is to be used for the purposes
described in section 626.558, subdivision 2a, shall be distributed as
provided in paragraph (c) and is in addition to the surcharge required by
section 357.021, subdivision 6. Any
portion of the assessment imposed in excess of the mandatory minimum amount
shall be deposited in an account in the special revenue fund and is
appropriated annually to the commissioner of public safety. The commissioner, with the assistance of the
General Crime Victims Advisory Council, shall use money received under this
section for grants to agencies that provide assistance to individuals who have
stopped or wish to stop engaging in prostitution. Grant money may be used to provide these
individuals with medical care, child care, temporary housing, and educational
expenses.
(b) The court may not waive payment of the minimum assessment required by this section. If the defendant qualifies for the services of a public defender or the court finds on the record that the convicted person is indigent or that immediate payment of the assessment would create undue hardship for the convicted person or that person's immediate family, the court may reduce the amount of the minimum assessment to not less than $100. The court also may authorize payment of the assessment in installments.
(c) The assessment collected under paragraph (a) must be distributed as follows:
(1) 40 percent of the assessment shall
be forwarded to the political subdivision that employs the arresting officer
for use in enforcement, training, and education activities related to combating
sexual exploitation of youth, or if the arresting officer is an employee of the
state, this portion shall be forwarded to the commissioner of public safety for
those purposes identified in clause (3);
(2) 20 percent of the assessment shall
be forwarded to the prosecuting agency that handled the case for use in
training and education activities relating to combating sexual exploitation
activities of youth; and
(3) 40 percent of the assessment must
be forwarded to the commissioner of public safety to be deposited in the safe
harbor for youth account in the special revenue fund and are appropriated to
the commissioner for distribution to crime victims services organizations that
provide services to sexually exploited youth, as defined in section 260C.007,
subdivision 31.
(d) A safe harbor for youth account is
established as a special account in the state treasury.
EFFECTIVE
DATE. This section is
effective August 1, 2011.
Sec. 8. Minnesota Statutes 2010, section 626.558, subdivision 2a, is amended to read:
Subd. 2a. Juvenile
prostitution Sexually exploited youth outreach program. A multidisciplinary child protection team
may assist the local welfare agency, local law enforcement agency, or an
appropriate private organization in developing a program of outreach services
for juveniles who are engaging in prostitution sexually exploited
youth, including homeless, runaway, and truant youth who are at risk of sexual
exploitation. For the purposes of
this subdivision, at least one representative of a youth intervention program
or, where this type of program is unavailable, one representative of a
nonprofit agency serving youth in crisis, shall be appointed to and serve on
the multidisciplinary child protection team in addition to the standing members
of the team. These services may include
counseling, medical care, short-term shelter, alternative living arrangements,
and drop-in centers. The county may
finance these services by means of the penalty assessment authorized by section
609.3241. A juvenile's receipt of
intervention services under this subdivision may not be conditioned upon the
juvenile providing any evidence or testimony.
EFFECTIVE
DATE. This section is
effective August 1, 2011.
Sec. 9. SAFE
HARBOR FOR SEX TRAFFICKED YOUTH; SEXUALLY EXPLOITED YOUTH; STATEWIDE VICTIM
SERVICES MODEL.
(a) If sufficient funding from outside
sources is donated, the commissioner of public safety shall develop a statewide
model as provided in this section. By
June 30, 2012, the commissioner of public safety, in consultation with the
commissioners of health and human services, shall develop a victim services
model to address the needs of sexually exploited youth and youth at risk of
sexual exploitation. The commissioner
shall take into consideration the findings and recommendations as reported to
the legislature on the results of the safe harbor for sexually exploited youth
pilot project authorized by Laws 2006, chapter 282, article 13, section 4,
paragraph (b). In addition, the
commissioner shall seek recommendations from prosecutors, public safety
officials, public health professionals, child protection workers, and service
providers.
(b) By January 15, 2013, the
commissioner of public safety shall report to the chairs and ranking minority
members of the senate and house of representatives divisions having
jurisdiction over health and human services and criminal justice funding and
policy on the development of the statewide model, including recommendations for
additional legislation or funding for services for sexually exploited youth or
youth at risk of sexual exploitation.
(c)
As used in this section, "sexually exploited youth" has the meaning
given in section 260C.007, subdivision 31.
EFFECTIVE
DATE. This section is
effective August 1, 2011.
Sec. 10. REPEALER.
Minnesota Statutes 2010, sections
260B.141, subdivision 5; and 260C.141, subdivision 6, are repealed.
EFFECTIVE
DATE. This section is
effective August 1, 2014.
ARTICLE 5
PROSTITUTION CRIMES
Section 1. Minnesota Statutes 2010, section 609.321, subdivision 4, is amended to read:
Subd. 4. Patron. "Patron" means an individual
who hires or offers or agrees engages in prostitution by hiring,
offering to hire, or agreeing to hire another individual to engage in
sexual penetration or sexual contact.
EFFECTIVE DATE. This section is effective August 1, 2011, and
applies to crimes committed on or after that date.
Sec. 2. Minnesota Statutes 2010, section 609.321, subdivision 8, is amended to read:
Subd. 8. Prostitute. "Prostitute" means an individual who engages in prostitution by being hired, offering to be hired, or agreeing to be hired by another individual to engage in sexual penetration or sexual contact.
EFFECTIVE DATE. This section is effective August 1, 2011, and
applies to crimes committed on or after that date.
Sec. 3. Minnesota Statutes 2010, section 609.321, subdivision 9, is amended to read:
Subd. 9. Prostitution. "Prostitution" means engaging
or offering or agreeing to engage for hire hiring, offering to hire, or
agreeing to hire another individual to engage in sexual penetration or sexual
contact, or being hired, offering to be hired, or agreeing to be hired by
another individual to engage in sexual penetration or sexual contact.
EFFECTIVE DATE. This section is effective August 1, 2011, and
applies to crimes committed on or after that date.
Sec. 4. Minnesota Statutes 2010, section 609.324, subdivision 2, is amended to read:
Subd. 2. Prostitution in public place; penalty for patrons. Whoever, while acting as a patron, intentionally does any of the following while in a public place is guilty of a gross misdemeanor:
(1) engages in prostitution with an individual 18 years of age or older; or
(2) hires or, offers to
hire, or agrees to hire an individual 18 years of age or older to engage in
sexual penetration or sexual contact.
Except as otherwise provided in subdivision 4, a person who
is convicted of violating this subdivision while acting as a patron
must, at a minimum, be sentenced to pay a fine of at least $1,500.
EFFECTIVE DATE. This section is effective August 1, 2011, and
applies to crimes committed on or after that date.
Sec. 5. Minnesota Statutes 2010, section 609.324, subdivision 3, is amended to read:
Subd. 3. General prostitution crimes; penalties for patrons. (a) Whoever, while acting as a patron, intentionally does any of the following is guilty of a misdemeanor:
(1) engages in prostitution with an
individual 18 years of age or above older; or
(2) hires or, offers to
hire, or agrees to hire an individual 18 years of age or above older
to engage in sexual penetration or sexual contact. Except as otherwise provided in subdivision
4, a person who is convicted of violating this paragraph while acting as a
patron must, at a minimum, be sentenced to pay a fine of at least $500.
(b) Whoever violates the provisions of
this subdivision within two years of a previous prostitution conviction for
violating this section or section 609.322 is guilty of a gross misdemeanor. Except as otherwise provided in subdivision
4, a person who is convicted of violating this paragraph while acting as a
patron must, at a minimum, be sentenced as follows:
(1) to pay a fine of at least $1,500; and
(2) to serve 20 hours of community work service.
The court may waive the mandatory community work service if it makes specific, written findings that the community work service is not feasible or appropriate under the circumstances of the case.
EFFECTIVE DATE. This section is effective August 1, 2011, and
applies to crimes committed on or after that date.
Sec. 6. Minnesota Statutes 2010, section 609.324, is amended by adding a subdivision to read:
Subd. 6. Prostitution in public place; penalty for prostitutes. Whoever, while acting as a prostitute, intentionally does any of the following while in a public place is guilty of a gross misdemeanor:
(1) engages in prostitution with an
individual 18 years of age or older; or
(2) is hired, offers to be hired, or
agrees to be hired by an individual 18 years of age or older to engage in
sexual penetration or sexual contact.
EFFECTIVE DATE. This section is effective August 1, 2011, and
applies to crimes committed on or after that date.
Sec. 7. Minnesota Statutes 2010, section 609.324, is amended by adding a subdivision to read:
Subd. 7. General prostitution crimes; penalties for prostitutes. (a) Whoever, while acting as a prostitute, intentionally does any of the following is guilty of a misdemeanor:
(1) engages in prostitution with an
individual 18 years of age or older; or
(2) is hired, offers to be hired, or
agrees to be hired by an individual 18 years of age or older to engage in
sexual penetration or sexual contact.
(b) Whoever violates the provisions of
this subdivision within two years of a previous prostitution conviction for
violating this section or section 609.322 is guilty of a gross misdemeanor.
EFFECTIVE DATE. This section is effective August 1, 2011, and
applies to crimes committed on or after that date."
Delete the title and insert:
"A bill for an act relating to judiciary; modifying certain provisions relating to courts and sentencing, public defenders, sexually exploited youth, and prostitution crimes; providing for a statewide victim services model for sexually exploited youth or youth at risk of sexual exploitation; requiring reports; requiring a study; appropriating money for the courts, civil legal services, Guardian Ad Litem Board, Uniform Laws Commission, Board On Judicial Standards, Board of Public Defense, and sentencing guidelines; amending Minnesota Statutes 2010, sections 169.79, subdivision 6; 169.797, subdivision 4; 260B.007, subdivisions 6, 16; 260C.007, subdivisions 6, 11, by adding a subdivision; 260C.331, subdivision 3; 357.021, subdivision 6; 563.01, subdivision 3; 609.131, subdivision 1; 609.321, subdivisions 4, 8, 9; 609.324, subdivisions 2, 3, by adding subdivisions; 609.3241; 611.16; 611.17; 611.18; 611.20, subdivisions 3, 4; 611.27, subdivisions 1, 5; 626.558, subdivision 2a; repealing Minnesota Statutes 2010, sections 260B.141, subdivision 5; 260C.141, subdivision 6; 611.20, subdivision 6."
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Ways and Means.
The
report was adopted.
Lanning from the Committee on State Government Finance to which was referred:
H. F. No. 577, A bill for an act relating to the secretary of state; funding legal fees imposed by the federal courts; providing for reimbursement of expenses relating to the recount in the 2010 gubernatorial election; appropriating money.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
STATE GOVERNMENT APPROPRIATIONS
Section 1. STATE
GOVERNMENT APPROPRIATIONS. |
The sums shown in the columns marked "Appropriations" are appropriated to the agencies and for the purposes specified in this article. The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose. The figures "2012" and "2013" used in this article mean that the appropriations listed under them are available for the fiscal year ending June 30, 2012, or June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is fiscal year 2013. "The biennium" is fiscal years 2012 and 2013.
|
|
|
APPROPRIATIONS |
|
|
|
|
Available for the Year |
|
|
|
|
Ending June 30 |
|
|
|
|
2012 |
2013 |
Sec. 2. LEGISLATURE
|
|
|
|
|
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Senate
|
|
20,068,000 |
|
20,068,000 |
Subd. 3. House
of Representatives |
|
27,874,000 |
|
27,874,000 |
During the biennium ending June 30, 2013,
any revenues received by the house of representatives from voluntary donations
to support broadcast or print media are appropriated to the house of
representatives.
Subd. 4. Legislative
Coordinating Commission |
|
13,709,000
|
|
13,709,000
|
Appropriations
by Fund |
||
|
||
General |
13,581,000
|
13,581,000
|
Health Care Access |
128,000
|
128,000
|
From its funds, $10,000 each year is for
purposes of the legislators' forum, through which Minnesota legislators meet
with counterparts from South Dakota, North Dakota, and Manitoba to discuss
issues of mutual concern.
Sec. 3. GOVERNOR
AND LIEUTENANT GOVERNOR |
$3,097,000 |
|
$3,097,000 |
(a) This appropriation is to fund the
Office of the Governor and Lieutenant Governor.
(b) By
September 1 of each year, the commissioner of management and budget
shall report to the chairs and ranking minority members of the senate State
Government Budget Division and the house of representatives State Government
Finance Division any personnel costs incurred by the Office of the Governor and
Lieutenant Governor that were supported by appropriations to other agencies
during the previous fiscal year. The
Office of the Governor shall inform the chairs and ranking minority members of
the divisions before initiating any interagency agreements.
(c) During the biennium ending June 30,
2013, the Office of the Governor may not receive payments of more than $670,000
each fiscal year from other executive
agencies under Minnesota Statutes, section 15.53, to support personnel
costs incurred by the office. Payments
received under this paragraph must be deposited in a
special revenue account. Money in the account is appropriated to the Office of the Governor. The authority in this paragraph supersedes
other law enacted in 2011 that limits the ability of the office to enter into
agreements relating to personnel costs with other executive branch agencies or
prevents the use of appropriations made to other agencies for agreements with
the office under Minnesota Statutes, section 15.53.
Sec. 4. STATE
AUDITOR |
|
$7,964,000 |
|
$7,964,000 |
Sec. 5. ATTORNEY
GENERAL |
|
$21,712,000 |
|
$21,712,000 |
Appropriations
by Fund |
||
|
||
|
2012
|
2013
|
|
|
|
General |
19,433,000
|
19,433,000
|
State Government Special Revenue |
1,884,000
|
1,884,000
|
Environmental |
145,000
|
145,000
|
Remediation |
250,000
|
250,000
|
Of this appropriation, $65,000 in the
first year and $65,000 in the second year are from the general fund for
transfer to the commissioner of public safety for a grant to the Minnesota
County Attorneys Association for prosecutor and law enforcement training.
Sec. 6. SECRETARY
OF STATE |
$5,193,000 |
|
$5,193,000 |
Any funds available in the account
established in Minnesota Statutes, section 5.30, pursuant to the Help America
Vote Act, are appropriated for the purposes and uses authorized by federal law.
Sec. 7. CAMPAIGN
FINANCE AND PUBLIC DISCLOSURE BOARD |
$653,000 |
|
$653,000 |
Sec. 8. INVESTMENT
BOARD |
$132,000 |
|
$132,000 |
Sec. 9. ADMINISTRATIVE
HEARINGS |
|
$7,614,000 |
|
$7,484,000 |
Appropriations
by Fund |
||
|
||
|
2012
|
2013
|
|
|
|
General |
364,000
|
234,000
|
Workers' Compensation |
7,250,000
|
7,250,000
|
$130,000 in the first year is for the cost
of considering complaints filed under
Minnesota Statutes, section 211B.32.
Until June 30, 2013, the chief administrative law judge may not
make any assessment
against a county or counties under
Minnesota Statutes, section 211B.37. Any
amount of this appropriation that remains unspent at the end of the biennium
must be canceled to the general account of the state elections campaign fund. The base for fiscal year 2014 is $130,000, to be available for the biennium,
under the same terms.
Sec. 10. OFFICE
OF ENTERPRISE TECHNOLOGY |
$4,636,000 |
|
$4,636,000 |
During the biennium ending June 30, 2013,
the office must not charge fees to a public noncommercial educational
television broadcast station for access to the state information
infrastructure.
Sec. 11. ADMINISTRATION
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$18,023,000 |
|
$18,023,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Government
and Citizen Services |
|
14,736,000 |
|
14,736,000 |
Subd. 3. Administrative
Management Support |
|
1,502,000 |
|
1,502,000 |
Subd. 4. Public
Broadcasting |
|
1,785,000 |
|
1,785,000 |
(a) The appropriations under this section
are to the commissioner of administration for the purposes specified.
(b) $1,002,000 the first year and
$1,002,000 the second year are for matching grants for public television.
(c) $190,000 the first year and $190,000
the second year are for public television equipment grants. Equipment or matching grant allocations shall
be made after considering the recommendations of the Minnesota Public
Television Association.
(d) $16,000 the first year and $16,000 the
second year are for grants to the Twin Cities regional cable channel.
(e) $278,000 the first year and $278,000
the second year are for community service grants to public educational radio
stations.
(f) $97,000 the first year and $97,000 the
second year are for equipment grants to public educational radio stations.
(g) The grants in paragraphs (e) and (f)
must be allocated after considering the recommendations of the Association of
Minnesota Public Educational Radio Stations under Minnesota Statutes, section
129D.14.
(h) $202,000 the first year and $202,000
the second year are for equipment grants to Minnesota Public Radio, Inc.
(i) Any unencumbered balance remaining the
first year for grants to public television or radio stations does not cancel
and is available for the second year.
Sec. 12. CAPITOL
AREA ARCHITECTURAL AND PLANNING BOARD |
$308,000
|
|
$308,000
|
Sec. 13. MINNESOTA
MANAGEMENT AND BUDGET |
$16,727,000
|
|
$16,727,000
|
Sec. 14. REVENUE
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$128,231,000 |
|
$140,046,000 |
Appropriations
by Fund |
||
|
||
|
2012
|
2013
|
|
|
|
General |
123,996,000
|
135,811,000
|
Health Care Access |
1,749,000
|
1,749,000
|
Highway User Tax Distribution |
2,183,000
|
2,183,000
|
Environmental |
303,000
|
303,000
|
The amounts that may be spent for each
purpose are specified in subdivisions 2 and 3.
To the greatest extent possible, the
commissioner must avoid making budget reductions to compliance activities.
Subd. 2. Tax
System Management |
|
104,991,000
|
|
116,806,000
|
Appropriations
by Fund |
||
|
||
General |
100,756,000
|
112,571,000
|
Health Care Access |
1,749,000
|
1,749,000
|
Highway User Tax Distribution |
2,183,000
|
2,183,000
|
Environmental |
303,000
|
303,000
|
Subd. 3. Debt Collection Management |
23,240,000 |
|
23,240,000 |
Sec. 15. GAMBLING
CONTROL |
$2,740,000 |
|
$2,740,000 |
These appropriations are from the lawful
gambling regulation account in the special revenue fund.
Sec. 16. RACING
COMMISSION |
$899,000 |
|
$899,000 |
These appropriations are from the racing
and card playing regulation accounts in the special revenue fund.
Sec. 17. AMATEUR
SPORTS COMMISSION |
$235,000 |
|
$235,000 |
Sec. 18. COUNCIL
ON BLACK MINNESOTANS |
$261,000 |
|
$261,000 |
Sec. 19. COUNCIL
ON CHICANO/LATINO AFFAIRS |
$246,000 |
|
$246,000 |
Sec. 20. COUNCIL
ON ASIAN-PACIFIC MINNESOTANS |
$227,000 |
|
$227,000 |
Sec. 21. INDIAN
AFFAIRS COUNCIL |
$413,000 |
|
$413,000 |
Sec. 22. EXPLORE
MINNESOTA TOURISM |
$8,269,000 |
|
$8,269,000 |
(a) Of this amount, $12,000 each year is
for a grant to the Upper Minnesota Film Office.
(b)(1) To develop maximum private sector
involvement in tourism, $500,000 the first year and $500,000 the second year
must be matched by Explore Minnesota Tourism from nonstate sources. Each $1 of state incentive must be matched
with $3 of private sector funding. Cash
match is defined as revenue to the state or documented cash expenditures
directly expended to support Explore Minnesota Tourism programs. Up to one-half of the private sector
contribution may be in-kind or soft match.
The incentive in the first year shall be based on fiscal year 2011
private sector contributions. The
incentive in the second year will be based on fiscal year 2012 private sector
contributions. This incentive is
ongoing.
(2) Funding for the marketing grants is
available either year of the biennium. Unexpended
grant funds from the first year are available in the second year.
(3) Unexpended money from the general fund
appropriations made under this section does not cancel but must be placed in a
special marketing account for use by Explore Minnesota Tourism for additional
marketing activities.
(c) $325,000 the first year and $325,000
the second year are for the Minnesota Film and TV Board. The appropriation in each year is available
only upon receipt by the board of $1 in matching contributions of money or
in-kind contributions from nonstate sources for every $3 provided by this
appropriation, except that each year up to $50,000 is available on July 1 even
if the required matching contribution has not been received by that date.
(d) A portion of the appropriation in this
section may be used for the film production jobs program under Minnesota
Statutes, section 116U.26.
Sec. 23. MINNESOTA
HISTORICAL SOCIETY |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$19,764,000 |
|
$19,662,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Education
and Outreach |
|
11,109,000
|
|
11,109,000
|
Notwithstanding Minnesota Statutes,
section 138.668, the Minnesota Historical Society may not charge a fee for its
general tours at the Capitol, but may charge fees for special programs other
than general tours.
Subd. 3. Preservation
and Access |
|
8,337,000 |
|
8,337,000 |
Subd. 4. Fiscal
Agent |
|
|
|
|
(a) Minnesota International
Center |
|
38,000
|
|
38,000
|
(b) Minnesota Air National
Guard Museum |
|
14,000
|
|
-0-
|
(c) Minnesota Military Museum |
|
88,000
|
|
-0-
|
(d) Farmamerica |
|
112,000
|
|
112,000
|
(e) $66,000 the first year and $66,000 the
second year are for a grant to the city of Eveleth to be used for the support
of the Hockey Hall of Fame Museum provided that it continues to operate in the
city. This grant is in addition to and
must not be used to supplant funding under Minnesota Statutes, section 298.28, subdivision 9c.
This appropriation is added to the society's budget base.
(f) Balances Forward |
|
|
|
|
Any unencumbered balance remaining in this
subdivision the first year does not cancel but is available for the second year
of the biennium.
Subd. 5. Fund
Transfer |
|
|
|
|
The Minnesota Historical Society may
reallocate funds appropriated in and between subdivisions 2 and 3 for any
program purposes and the appropriations are available in either year of the
biennium.
Sec. 24. BOARD
OF THE ARTS |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$6,672,000 |
|
$6,672,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Operations
and Services |
|
504,000 |
|
504,000 |
Subd. 3. Grants
Program |
|
4,266,000 |
|
4,266,000 |
Subd. 4. Regional
Arts Councils |
|
1,902,000 |
|
1,902,000 |
Sec. 25. MINNESOTA
HUMANITIES CENTER |
|
$225,000 |
|
$225,000 |
Sec. 26. SCIENCE
MUSEUM OF MINNESOTA |
|
$1,009,000 |
|
$1,009,000 |
Sec. 27. TORT
CLAIMS |
|
$161,000 |
|
$161,000 |
These appropriations are to be spent by
the commissioner of management and budget according to Minnesota Statutes,
section 3.736, subdivision 7. If the
appropriation for either year is insufficient, the appropriation for the other
year is available for it.
Sec. 28. MINNESOTA
STATE RETIREMENT SYSTEM |
|
|
|
Subdivision 1. Total
Appropriation |
|
$472,000 |
|
$481,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
During the biennium ending June 30, 2013,
payments for retirement allowances for former legislators and surviving spouses
must be made from the legislators retirement fund created under Minnesota
Statutes, section 3A.03, subdivision 3, and not from the general fund.
Subd. 2. Constitutional
Officers |
|
472,000
|
|
481,000
|
Under Minnesota Statutes, section
352C.001, if an appropriation in this section for either year is insufficient,
the appropriation for the other year is available for it.
Sec. 29. MERF
DIVISION ACCOUNT |
|
$22,750,000 |
|
$22,750,000 |
These amounts are estimated to be needed
under Minnesota Statutes, section 353.505.
Sec. 30. TEACHERS
RETIREMENT ASSOCIATION |
$15,454,000 |
|
$15,454,000 |
The amounts estimated to be needed are as follows:
(a) Special direct state aid.
$12,954,000 the first year and $12,954,000 the second year are
for special direct state aid authorized under Minnesota Statutes, section
354A.12, subdivisions 3a and 3c.
(b) Special direct state matching aid. $2,500,000 the first year and
$2,500,000 the second year are for special direct state matching aid authorized
under Minnesota Statutes, section 354A.12, subdivision 3b.
Sec. 31. ST. PAUL
TEACHERS RETIREMENT FUND |
$2,827,000 |
|
$2,827,000 |
The amounts estimated to be needed for
special direct state aid to first class city teachers retirement funds
authorized under Minnesota Statutes, section 354A.12, subdivisions 3a and 3c.
Sec. 32. DULUTH
TEACHERS RETIREMENT FUND |
$346,000 |
|
$346,000 |
The amounts estimated to be needed for
special direct state aid to first class city teachers retirement funds
authorized under Minnesota Statutes, section 354A.12, subdivisions 3a and 3c.
Sec. 33. STATE
LOTTERY |
|
|
|
|
Notwithstanding Minnesota Statutes, section
349A.10, subdivision 3, the operating budget must not exceed $29,000,000 in
fiscal year 2012 and $29,000,000 in fiscal year 2013.
Sec. 34. GENERAL
CONTINGENT ACCOUNTS |
|
$600,000 |
|
$500,000 |
Appropriations
by Fund |
||
|
||
|
2012
|
2013
|
|
|
|
General |
100,000
|
-0-
|
State Government Special Revenue |
400,000
|
400,000
|
Workers' Compensation |
100,000
|
100,000
|
(a) The appropriations in this section may
only be spent with the approval of the governor after consultation with the
Legislative Advisory Commission pursuant to
Minnesota Statutes, section 3.30.
(b) If an appropriation in this section
for either year is insufficient, the appropriation for the other year is
available for it.
(c) If a contingent account appropriation
is made in one fiscal year, it should be considered a biennial appropriation.
Sec. 35. PROBLEM
GAMBLING APPROPRIATION.
$225,000 in fiscal year 2012 and
$225,000 in fiscal year 2013 are appropriated from the lottery prize fund to
the Gambling Control Board for a grant to the state affiliate recognized by the
National Council on Problem Gambling. The
affiliate must provide services to increase public awareness of problem
gambling, education and training for individuals and organizations providing
effective treatment services to problem gamblers and their families, and
research relating to problem gambling. These
services must be complementary to and not duplicative of the services provided
through the problem gambling program administered by the commissioner of human
services. Of this appropriation, $50,000
in fiscal year 2012 and $50,000 in fiscal year 2013 are contingent on the
contribution of nonstate matching funds.
Matching funds may be either cash or qualifying in-kind contributions. The commissioner of management and budget may
disburse the state portion of the matching funds in increments of $25,000 upon
receipt of a commitment for an equal amount of matching nonstate funds. These are onetime appropriations.
Sec. 36. APPROPRIATION;
REIMBURSEMENT OF RECOUNT COSTS.
$322,000 is appropriated from the
general fund to the secretary of state in fiscal year 2011 for the
reimbursement of costs of recounts during the 2010 general election, to be paid
to counties consistent with the cost survey of the counties previously conducted
by the secretary of state and for reimbursement to the secretary of state costs
in those recounts already paid by the
secretary of state to the counties. This
appropriation remains available until December 31, 2011.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 37. SAVINGS;
APPROPRIATION REDUCTIONS.
(a) The commissioner of management and budget must reduce general fund appropriations to executive agencies for agency operations for the biennium ending June 30, 2013, by $94,875,000. The Minnesota State Colleges and Universities is not an executive agency for purposes of this section. To the greatest extent possible, these savings must come from the reforms, efficiencies, and cost-savings measures contained in this act, including:
(1) reduction in the number of full-time
equivalent employees;
(2) salary freeze;
(3) elimination of deputy and assistant
commissioner positions;
(4) consolidation of responsibilities
for executive branch information technology systems;
(5) efficiencies and cost savings in
contracting; and
(6) verification of dependent
eligibility for state group insurance coverage.
(b) The commissioner of management and
budget must determine savings to funds other than the general funds resulting
from the reforms, efficiencies, and cost-savings measures in this act. To the extent permitted by law, the
commissioner must reduce appropriations from those other funds by the amount of
those savings, and transfer the amount of the reductions to the general fund.
Sec. 38. ENTERPRISE
REAL PROPERTY CONTRIBUTIONS.
On or before June 1, 2011, the
commissioner of administration shall determine the amount to be contributed by
each executive agency to maintain the enterprise real property technology system
for the fiscal years 2012 and 2013. On
or before June 15, 2011, each executive agency shall enter into an agreement
with the commissioner of
administration setting forth the manner
in which the executive agency shall make its contribution to the enterprise
real property system, either from uncommitted fiscal year 2011 funds or by
contributing from fiscal year 2012 and fiscal year 2013 funds to the real
property enterprise system and services account to fund the total amount of
$399,000 for the biennium. Funds
contributed under this section must be credited to the enterprise real property
technology system and services account.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
ARTICLE 2
MILITARY AFFAIRS AND VETERANS AFFAIRS
Section 1. APPROPRIATIONS. |
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this article. The
appropriations are from the general fund and are available for the fiscal years
indicated for each purpose. The figures
"2012" and "2013" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June
30, 2012, or June 30, 2013, respectively.
"The first year" is fiscal year 2012. "The second year" is fiscal year
2013. "The biennium" is fiscal
years 2012 and 2013.
|
|
|
APPROPRIATIONS |
|
|
|
|
Available for the Year |
|
|
|
|
Ending June 30 |
|
|
|
|
2012 |
2013 |
Sec. 2. MILITARY
AFFAIRS |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$22,371,000 |
|
$19,371,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Maintenance
of Training Facilities |
|
6,660,000 |
|
6,660,000 |
Subd. 3. General
Support |
|
2,363,000 |
|
2,363,000 |
Subd. 4. Enlistment
Incentives |
|
13,348,000 |
|
10,348,000 |
$3,000,000 the first year is for additional costs of enlistment incentives.
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. 3. VETERANS
AFFAIRS |
|
|
|
|
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Veterans
Services |
|
13,879,000
|
|
13,779,000
|
$100,000 in the first year is from the
"Support Our Troops" account established under Minnesota Statutes,
section 190.19, subdivision 2a, for a grant to the Minnesota Assistance Council
for Veterans. This is a onetime
appropriation.
$100,000 each year is for the costs of
administering the Minnesota GI Bill program under Minnesota Statutes, section
197.791.
$353,000 each year is for grants to the
following congressionally chartered veterans service organizations, as
designated by the commissioner: Disabled
American Veterans, Military Order of the Purple Heart, the American Legion,
Veterans of Foreign Wars, Vietnam Veterans of America, AMVETS, and Paralyzed
Veterans of America. This funding must
be allocated in direct proportion to the funding currently being provided by
the commissioner to these organizations.
Subd. 3. Veterans
Homes |
|
43,916,000
|
|
44,816,000
|
Veterans
Homes Special Revenue Account. The
general fund appropriations made to the department may be transferred to a
veterans homes special revenue account in the special revenue fund in the same
manner as other receipts are deposited according to Minnesota Statutes, section
198.34, and are appropriated to the department for the operation of veterans
homes facilities and programs.
Fergus
Falls Veterans Home. Of the
general fund appropriation, $738,000 in fiscal year 2013 is for operation of a
new 21-bed specialty care/Alzheimer's unit at the Minnesota Veterans Home in
Fergus Falls. Base funding for this
program is $842,000 in fiscal years 2014 and 2015.
Minneapolis
Veterans Home. Of the general
fund appropriation, $162,000 in fiscal year 2013 is for operation of a new
adult day care program at the Minnesota
Veterans Home in Minneapolis. Base
funding for this program is $232,000 in
fiscal years 2014 and 2015.
Veterans
Homes Service Redesign. $551,000
in fiscal year 2012 and $801,000 in fiscal year 2013, generated from additional
nongeneral fund revenue and cost savings from operating efficiencies, are to be
used to support the operational needs of the five state veterans homes.
Sec. 4. Laws 2010, chapter 215, article 6, section 4, is amended to read:
Sec. 4. VETERANS
HOMES |
|
|
|
|
Of the appropriation in Laws 2009, chapter 94, article 3, section 2, subdivision 3, or from funds carried forward from fiscal year 2009:
(1) $1,000,000 $800,000 in
fiscal year 2011 is for operational expenses related to the 21-bed addition at
the Fergus Falls Veterans Home; and
(2) $113,000 $313,000 in fiscal
year 2011 is for start-up expenses related to the opening of an adult daycare
facility at the Minneapolis Veterans Home.
An appropriation in this section that is
unspent at the end of fiscal year 2011 carries forward and is available in
fiscal year 2012.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 5.
REPEALER.
Minnesota Statutes 2010, section 197.585,
subdivision 5, is repealed.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
ARTICLE 3
STATE GOVERNMENT OPERATIONS
Section 1. Minnesota Statutes 2010, section 3.85, subdivision 3, is amended to read:
Subd. 3. Membership. The commission consists of five seven
members of the senate appointed by the Subcommittee on Committees of the
Committee on Rules and Administration and five seven members of
the house of representatives appointed by the speaker. No more than five members from each
chamber may be from the majority caucus in that chamber. Members shall be appointed at the
commencement of each regular session of the legislature for a two-year term
beginning January 16 of the first year of the regular session. Members continue to serve until their
successors are appointed. Vacancies that
occur while the legislature is in session shall be filled like regular
appointments. If the legislature is not
in session, senate vacancies shall be filled by the last Subcommittee on
Committees of the senate Committee on Rules and Administration or other
appointing authority designated by the senate rules, and house of
representatives vacancies shall be filled by the last speaker of the house, or
if the speaker is not available, by the last chair of the house of
representatives Rules Committee.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Within ten days of the effective date of this section, the appointing
authorities must appoint additional members to the commission, as required by
this section.
Sec. 2. [3D.01]
SHORT TITLE.
This chapter may be cited as the
"Minnesota Sunset Act."
Sec. 3. [3D.02]
DEFINITIONS.
Subdivision 1. Scope. The definitions in this section apply
to this chapter.
Subd. 2. Advisory
committee. "Advisory
committee" means a committee, council, commission, or other entity created
under state law whose primary function is to advise a state agency.
Subd. 3. Commission. "Commission" means the
Sunset Advisory Commission.
Subd. 4. State agency. "State agency" means an agency expressly made subject to this chapter.
Sec. 4. [3D.03]
SUNSET ADVISORY COMMISSION.
Subdivision 1. Membership. (a) The Sunset Advisory Commission consists of 12 members appointed as follows:
(1) five senators and one public
member, appointed according to the rules of the senate, with no more than three
senators from the majority caucus; and
(2) five members of the house of representatives
and one public member, appointed by the speaker of the house, with no more than
three of the house members from the majority caucus.
(b) The first members of the Sunset
Advisory Commission must be appointed before September 1, 2011, for terms ending
the first Monday in January 2013.
Subd. 2. Public member restrictions. An individual is not eligible for appointment as a public member if the individual or the individual's spouse is:
(1) regulated by a state agency that the commission will review during the term for which the individual would serve;
(2) employed by, participates in the management of, or directly or indirectly has more than a ten percent interest in a business entity or other organization regulated by a state agency the commission will review during the term for which the individual would serve; or
(3) required to register as a lobbyist
under chapter 10A because of the person's activities for compensation on behalf
of a profession or entity related to the operation of an agency under review.
Subd. 3. Removal. (a) It is a ground for removal of a
public member from the commission if the member does not have the
qualifications required by subdivision 2 for appointment to the commission at
the time of appointment or does not maintain the qualifications while serving
on the commission. The validity of the
commission's action is not affected by the fact that it was taken when a ground
for removal of a public member from the commission existed.
(b) Except as provided in paragraph
(a), a public member may be removed only as provided in section 15.0575,
subdivision 4.
Subd. 4. Terms. Legislative members serve at the
pleasure of the appointing authority. Public
members serve two-year terms expiring the first Monday in January of each
odd-numbered year.
Subd. 5. Limits. Members are subject to the following restrictions:
(1) after an individual serves four
years on the commission, the individual is not eligible for appointment to
another term or part of a term;
(2) a legislative member who serves a
full term may not be appointed to an immediately succeeding term; and
(3) a public member may not serve
consecutive terms, and, for purposes of this prohibition, a member is
considered to have served a term only if the member has served more than
one-half of the term.
Subd. 6. Appointments. Appointments must be made before the
second Monday of January of each odd-numbered year.
Subd. 7. Legislative
members. If a legislative
member ceases to be a member of the legislative body from which the member was
appointed, the member vacates membership on the commission.
Subd. 8. Vacancies. If a vacancy occurs, the appointing
authority shall appoint a person to serve for the remainder of the unexpired
term in the same manner as the original appointment.
Subd. 9. Officers. The commission shall have a chair and
vice-chair as presiding officers.
Subd. 10. Quorum;
voting. Seven members of the
commission constitute a quorum. A final
action or recommendation may not be made unless approved by a recorded vote of
at least seven members. All other
actions by the commission shall be decided by a majority of the members present
and voting.
Subd. 11. Compensation. Each public member shall be reimbursed
for expenses as provided in section 15.0575.
Compensation for legislators is as determined by the members'
legislative chamber.
Sec. 5. [3D.04]
STAFF.
The Legislative Coordinating Commission
shall provide staff and administrative services for the commission.
Sec. 6. [3D.05]
RULES.
The commission may adopt rules
necessary to carry out this chapter.
Sec. 7. [3D.06]
AGENCY REPORT TO COMMISSION.
Before September 1 of the odd-numbered year before the year in which a state agency is sunset, the agency commissioner shall report to the commission:
(1) information regarding the
application to the agency of the criteria in section 3D.10;
(2) a priority-based budget for the
agency;
(3) an inventory of all boards,
commissions, committees, and other entities related to the agency; and
(4) any other information that the
agency commissioner considers appropriate or that is requested by the
commission.
Sec. 8. [3D.07]
COMMISSION DUTIES.
Before January 1 of the year in which a state agency subject to this chapter and its advisory committees are sunset, the commission shall:
(1) review and take action necessary to
verify the reports submitted by the agency; and
(2) conduct a review of the agency
based on the criteria provided in section 3D.10 and prepare a written report.
Sec. 9. [3D.08]
PUBLIC HEARINGS.
Before February 1 of the year a state
agency subject to this chapter and its advisory committees are sunset, the
commission shall conduct public hearings concerning but not limited to the
application to the agency of the criteria provided in section 3D.10.
Sec. 10. [3D.09]
COMMISSION REPORT.
By February 1 of each even-numbered year, the commission shall present to the legislature and the governor a report on the agencies and advisory committees reviewed. In the report the commission shall include:
(1) its findings regarding the criteria
prescribed by section 3D.10;
(2) its recommendations based on the
matters prescribed by section 3D.11; and
(3) other information the commission considers necessary for a complete review of the agency.
Sec. 11. [3D.10]
CRITERIA FOR REVIEW.
The commission and its staff shall consider the following criteria in determining whether a public need exists for the continuation of a state agency or its advisory committees or for the performance of the functions of the agency or its advisory committees:
(1) the efficiency and effectiveness with which the agency or the advisory committee operates;
(2) an identification of the mission,
goals, and objectives intended for the agency or advisory committee and of the
problem or need that the agency or advisory committee was intended to address
and the extent to which the mission, goals, and objectives have been achieved
and the problem or need has been addressed;
(3) an identification of any activities
of the agency in addition to those granted by statute and of the authority for
those activities and the extent to which those activities are needed;
(4) an assessment of authority of the
agency relating to fees, inspections, enforcement, and penalties;
(5) whether less restrictive or alternative methods of performing any function that the agency performs could adequately protect or provide service to the public;
(6) the extent to which the jurisdiction of the agency and the programs administered by the agency overlap or duplicate those of other agencies, the extent to which the agency coordinates with those agencies, and the extent to which the programs administered by the agency can be consolidated with the programs of other state agencies;
(7) the promptness and effectiveness with which the agency addresses complaints concerning entities or other persons affected by the agency, including an assessment of the agency's administrative hearings process;
(8) an assessment of the agency's rulemaking process and the extent to which the agency has encouraged participation by the public in making its rules and decisions and the extent to which the public participation has resulted in rules that benefit the public;
(9) the extent to which the agency has
complied with federal and state laws and applicable rules regarding equality of
employment opportunity and the rights and privacy of individuals, and state law
and applicable rules of any state agency regarding purchasing guidelines and
programs for historically underutilized businesses;
(10) the extent to which the agency
issues and enforces rules relating to potential conflicts of interest of its
employees;
(11) the extent to which the agency
complies with chapter 13 and follows records management practices that enable
the agency to respond efficiently to requests for public information; and
(12) the effect of federal intervention or loss of federal funds if the agency is abolished.
Sec. 12. [3D.11]
RECOMMENDATIONS.
(a) In its report on a state agency, the commission shall:
(1) make recommendations on the abolition, continuation, or reorganization of each affected state agency and its advisory committees and on the need for the performance of the functions of the agency and its advisory committees;
(2) make recommendations on the consolidation, transfer, or reorganization of programs within state agencies not under review when the programs duplicate functions performed in agencies under review; and
(3) make recommendations to improve the operations of the agency, its policy body, and its advisory committees, including management recommendations that do not require a change in the agency's enabling statute.
(b) The commission shall include the estimated fiscal impact of its recommendations and may recommend appropriation levels for certain programs to improve the operations of the state agency.
(c) The commission shall have drafts of
legislation prepared to carry out the commission's recommendations under this
section, including legislation necessary to continue the existence of agencies
that would otherwise sunset if the commission recommends continuation of an
agency.
(d) After the legislature acts on the
report under section 3D.09, the commission shall present to the legislative
auditor the commission's recommendations that do not require a statutory change
to be put into effect. Subject to the
legislative audit commission's approval, the legislative auditor may examine
the recommendations and include as part of the next audit of the agency a
report on whether the agency has implemented the recommendations and, if so, in
what manner.
Sec. 13. [3D.12]
MONITORING OF RECOMMENDATIONS.
During each legislative session, the
staff of the commission shall monitor legislation affecting agencies that have
undergone sunset review and shall periodically report to the members of the
commission on proposed changes that would modify prior recommendations of the
commission.
Sec. 14. [3D.13]
REVIEW OF ADVISORY COMMITTEES.
An advisory committee, the primary
function of which is to advise a particular state agency, is subject to sunset
on the date set for sunset of the agency unless the advisory committee is
expressly continued by law.
Sec. 15. [3D.14]
CONTINUATION BY LAW.
During the regular session immediately before the sunset of a state agency or an advisory committee that is subject to this chapter, the legislature may enact legislation to continue the agency or advisory committee for a period not to exceed 12 years. This chapter does not prohibit the legislature from:
(1) terminating a state agency or
advisory committee subject to this chapter at a date earlier than that provided
in this chapter; or
(2) considering any other legislation
relative to a state agency or advisory committee subject to this chapter.
Sec. 16. [3D.15]
PROCEDURE AFTER TERMINATION.
Subdivision 1. Termination. Unless otherwise provided by law:
(1) if after sunset review a state agency is abolished, the agency may continue in existence until June 30 of the following year to conclude its business;
(2) abolishment does not reduce or otherwise limit the powers and authority of the state agency during the concluding year;
(3) a state agency is terminated and
shall cease all activities at the expiration of the one-year period; and
(4) all rules that have been adopted by
the state agency expire at the expiration of the one-year period.
Subd. 2. Funds
of abolished agency or advisory committee.
(a) Any unobligated and unexpended appropriations of an abolished
agency or advisory committee lapse on June 30 of the year after abolishment.
(b) Except as provided by subdivision 4
or as otherwise provided by law, all money in a dedicated fund of an abolished
state agency or advisory committee on June 30 of the year after abolishment is
transferred to the general fund. The
part of the law dedicating the money to a specific fund of an abolished agency
becomes void on June 30 of the year after abolishment.
Subd. 3. Property
and records of abolished agency or advisory committee. Unless the governor designates an
appropriate state agency as prescribed by subdivision 4, property and records
in the custody of an abolished state agency or advisory committee on June 30 of
the year after abolishment must be transferred to the commissioner of
administration. If the governor
designates an appropriate state agency, the property and records must be
transferred to the designated state agency.
Subd. 4. Continuing
obligations. (a) The
legislature recognizes the state's continuing obligation to pay bonded
indebtedness and all other obligations, including lease, contract, and other
written obligations, incurred by a state agency or advisory committee abolished
under this chapter, and this chapter does not impair or impede the payment of
bonded indebtedness and all other obligations, including lease, contract, and
other written obligations, in accordance with their terms. If an abolished state agency or advisory
committee has outstanding bonded indebtedness or other outstanding obligations,
including lease, contract, and other written obligations, the bonds and all
other obligations, including lease, contract, and other written obligations,
remain valid and enforceable in accordance with their terms and subject to all
applicable terms and conditions of the laws and proceedings authorizing the
bonds and all other obligations, including lease, contract, and other written
obligations.
(b) The governor shall designate an
appropriate state agency that shall continue to carry out all covenants
contained in the bonds and in all other obligations, including lease, contract,
and other written obligations, and the proceedings authorizing them, including
the issuance of bonds, and the performance of all other obligations, including
lease, contract, and other written obligations, to complete the construction of
projects or the performance of other obligations, including lease, contract,
and other written obligations.
(c) The designated state agency shall
provide payment from the sources of payment of the bonds in accordance with the
terms of the bonds and shall provide payment from the sources of payment of all
other obligations, including lease, contract, and other written obligations, in
accordance with their terms, whether from taxes, revenues, or otherwise, until
the bonds and interest on the bonds are paid in full and all other obligations,
including lease, contract, and other written obligations, are performed and
paid in full. If the proceedings so
provide, all funds established by laws or proceedings authorizing the bonds or
authorizing other obligations, including lease, contract, and other written
obligations, must remain with the comptroller or the previously designated
trustees. If the proceedings do not
provide that the funds remain with the comptroller or the previously designated
trustees, the funds must be transferred to the designated state agency.
Sec. 17. [3D.16]
ASSISTANCE OF AND ACCESS TO STATE AGENCIES.
The commission may request the assistance of state agencies and officers. When assistance is requested, a state agency or officer shall assist the commission. In carrying out its functions under this chapter, the commission or its designated staff member may inspect the records, documents, and files of any state agency.
Sec. 18. [3D.17]
RELOCATION OF EMPLOYEES.
If an employee is displaced because a
state agency or its advisory committee is abolished or reorganized, the state
agency shall make a reasonable effort to relocate the displaced employee.
Sec. 19. [3D.18]
SAVING PROVISION.
Except as otherwise expressly provided,
abolition of a state agency does not affect rights and duties that matured,
penalties that were incurred, civil or criminal liabilities that arose, or
proceedings that were begun before the effective date of the abolition.
Sec. 20. [3D.19]
REVIEW OF PROPOSED LEGISLATION CREATING AN AGENCY.
Each bill filed in a house of the legislature that would create a new state agency or a new advisory committee to a state agency shall be reviewed by the commission. The commission shall review the bill to determine if:
(1) the proposed functions of the agency or committee could be administered by one or more existing state agencies or advisory committees;
(2) the form of regulation, if any, proposed by the bill is the least restrictive form of regulation that will adequately protect the public;
(3) the bill provides for adequate public input regarding any regulatory function proposed by the bill; and
(4) the bill provides for adequate
protection against conflicts of interest within the agency or committee.
Sec. 21. [3D.20]
GIFTS AND GRANTS.
The commission may accept gifts,
grants, and donations from any organization described in section 501(c)(3) of
the Internal Revenue Code for the purpose of funding any activity under this
chapter. All gifts, grants, and
donations must be accepted in an open meeting by a majority of the voting
members of the commission and reported in the public record of the commission
with the name of the donor and purpose of the gift, grant, or donation. Money received under this section is
appropriated to the commission.
Sec. 22. [3D.21]
EXPIRATION.
Subdivision 1. Group
1. The following agencies are
sunset and expire on June 30, 2012: Department
of Health, Department of Human Rights, Department of Human Services, all
health-related licensing boards listed in section 214.01, Council on Affairs of
Chicano/Latino People, Council on Black Minnesotans, Council on Asian-Pacific
Minnesotans, Indian Affairs Council, Council on Disabilities, and all advisory
groups associated with these agencies.
Subd. 2. Group
2. The following agencies are
sunset and expire on June 30, 2014: Department
of Education, Board of Teaching, Minnesota Office of Higher Education, and all
advisory groups associated with these agencies.
Subd. 3. Group
3. The following agencies are
sunset and expire on June 30, 2016: Department
of Commerce, Department of Employment and Economic Development, Department of
Labor and Industry, all non-health-related licensing boards listed in section
214.01 except as otherwise provided in this section, Explore Minnesota Tourism,
Public Utilities Commission, Iron Range Resources and Rehabilitation Board,
Bureau of Mediation Services, Combative Sports Commission, Amateur Sports
Commission, and all advisory groups associated with these agencies.
Subd. 4. Group
4. The following agencies are
sunset and expire on June 30, 2018: Department
of Corrections, Department of Public Safety, Department of Transportation,
Peace Officer Standards and Training Board, Corrections Ombudsman, and all
advisory groups associated with these agencies.
Subd. 5. Group
5. The following agencies are
sunset and expire on June 30, 2020: Department
of Agriculture, Department of Natural Resources, Pollution Control Agency,
Board of Animal Health, Board of Water and Soil Resources, and all advisory
groups associated with these agencies.
Subd. 6. Group
6. The following agencies are
sunset and expire on June 30, 2022: Department
of Administration, Department of Management and Budget, Department of Military
Affairs, Department of Revenue, Department of Veterans Affairs, Arts Board,
Minnesota Zoo, Office of Administrative Hearings, Campaign Finance and Public
Disclosure Board, Capitol Area Architectural and Planning Board, Office of
Enterprise Technology, Minnesota Racing Commission, and all advisory groups
associated with these agencies.
Subd. 7. Continuation. Following sunset review of an agency,
the legislature may act within the same legislative session in which the sunset
report was received on Sunset Advisory Commission recommendations to continue
or reorganize the agency.
Subd. 8. Other
groups. The commission may
review, under the criteria in section 3D.10, and propose to the legislature an expiration
date for any agency, board, commission, or program not listed in this section.
Sec. 23. Minnesota Statutes 2010, section 6.48, is amended to read:
6.48
EXAMINATION OF COUNTIES; COST, FEES.
(a) All the powers and duties conferred and imposed upon the state auditor shall be exercised and performed by the state auditor in respect to the offices, institutions, public property, and improvements of several counties of the state. At least once in each year, if funds and personnel permit, the state auditor may visit, without previous notice, each county and make a thorough examination of all accounts and records relating to the receipt and disbursement of the public funds and the custody of the public funds and other property. If the audit is performed by a private certified public accountant, the state auditor may require additional information from the private certified public accountant as the state auditor deems in the public interest. The state auditor may accept the audit or make additional examinations as the state auditor deems to be in the public interest. The state auditor shall prescribe and install systems of accounts and financial reports that shall be uniform, so far as practicable, for the same class of offices. A copy of the report of such examination shall be filed and be subject to public inspection in the office of the state auditor and another copy in the office of the auditor of the county thus examined. The state auditor may accept the records and audit, or any part thereof, of the Department of Human Services in lieu of examination of the county social welfare funds, if such audit has been made within any period covered by the state auditor's audit of the other records of the county. If any such examination shall disclose malfeasance, misfeasance, or nonfeasance in any office of such county, such report shall be filed with the county attorney of the county, and the county attorney shall institute such civil and criminal proceedings as the law and the protection of the public interests shall require.
(b) The county receiving any examination shall pay to the state general fund, notwithstanding the provisions of section 16A.125, the total cost and expenses of such examinations, including the salaries paid to the examiners while actually engaged in making such examination. The state auditor on deeming it advisable may bill counties, having a population of 200,000 or over, monthly for services rendered and the officials responsible for approving and paying claims shall cause said bill to be promptly paid. The general fund shall be credited with all collections made for any such examinations.
(c) Notwithstanding paragraph (a), a
county may provide for an audit to be performed by a certified public
accountant firm meeting the requirements of section 326A.05. A county must notify the state auditor before
January 1 of a year in which the county intends to have an audit performed by a
certified public accounting firm. A
county currently using a certified public accounting firm must notify the state
auditor before January 1 of a year in which the county intends for the state
auditor to audit the county. The audit
performed under this paragraph must meet the standards and be in the form
required by the state auditor. The state
auditor may require additional information from the certified public accountant
firm as the state auditor deems in the public interest, but the state auditor
must accept the audit unless the state auditor determines that it does not meet
recognized industry auditing standards or is not in the form required by the
state auditor. A county audited by a
certified public accountant firm cannot be required to pay to the state general
fund any costs for state auditor services.
Sec. 24. Minnesota Statutes 2010, section 15.06, subdivision 8, is amended to read:
Subd. 8. Number
of deputy commissioners; no assistant commissioners. Unless specifically authorized by
statute, other than section 43A.08, subdivision 2 Except for the
Department of Veterans Affairs, no department or agency specified in
subdivision 1 shall have more than one deputy commissioner. No department or agency specified in
subdivision 1 may employ an assistant commissioner.
Sec. 25. [15.062]
COST-EFFECTIVE PROVISION OF SERVICES.
(a) The head or governing board of each
state department or agency, including the Minnesota state colleges and
universities, must carry out the agency's powers and duties in the most
cost-effective manner possible. The agency
head or governing board must determine if the most cost-effective manner of
carrying out each of the agency's powers and duties is to hire state employees
or to contract with outside sources.
(b) If an agency decides to seek an
outside vendor to perform work currently done by state employees, the agency
must permit groups of state employees to compete for the business by submitting
responses to the agency's solicitation documents. Notwithstanding section 16A.127 or any other
law to the contrary, no statewide or agency indirect costs may be assessed to a
group of agency employees with respect to work performed under a contract
awarded to a group of employees under this section. This section supersedes any provision of law
preventing a state agency from entering into a contract with a state employee.
Sec. 26. [15.76]
SAVI PROGRAM.
Subdivision 1. Program
established. The state agency
value initiative (SAVI) program is established to encourage state agencies to
identify cost-effective and efficiency measures in agency programs and
operations that result in cost savings for the state. All state agencies, including Minnesota State
Colleges and Universities, may participate in this program.
Subd. 2. Retained
savings. (a) In order to
encourage innovation and creative cost savings by state employees, upon
approval of the commissioner of management and budget, 50 percent of any
appropriations for agency operations that remain unspent at the end of a
biennium because of unanticipated innovation, efficiencies, or creative
cost-savings may be carried forward and retained by the agency to fund specific
agency proposals or projects. Agencies
choosing to spend retained savings funds must ensure that project expenditures
do not create future obligations beyond the amounts available from the retained
savings. The retained savings must be
used only to fund projects that directly support the agency's mission. This section does not restrict authority
granted by other law to carry forward money for a different period or for
different purposes.
(b) This section supersedes any
contrary provision of section 16A.28.
Subd. 3. Special
peer review panel; review process. (a)
Each participating agency must organize a peer review panel that will determine
which proposal or project receives funding from the SAVI program. The peer review panel must be comprised of
department employees who are credited with cost-savings initiatives and
department managers. The ratio between
managers and department employees must be balanced.
(b) An agency may spend money for a project recommended for funding by the peer review panel after:
(1)
the agency has posted notice of spending for the proposed project on the agency
Web site for at least 30 days; and
(2) the commissioner of management and
budget has approved spending money from the SAVI account for the project.
(c) Before approving a project, the
commissioner of management and budget must submit the request to the
Legislative Advisory Commission for its review and recommendation. Upon receiving a request from the
commissioner, the Legislative Advisory Commission shall post notice of the
request on a legislative Web site for at least 30 days. Failure of the commission to make a
recommendation within this 30-day period is considered a negative
recommendation. A recommendation of the
commission must be made at a meeting of the commission unless a written
recommendation is signed by all the members entitled to vote on the item.
Subd. 4. SAVI-dedicated
account. Each agency that
participates in the SAVI program shall have a SAVI-dedicated account in the
special revenue fund, or other appropriate fund as determined by the
commissioner of management and budget, into which the agency's savings are
deposited. The agency will manage and
review projects that are funded from this account. Money in the account is appropriated to the
participating agency for purposes authorized by this section.
Subd. 5. Expiration. This section expires June 30, 2018.
EFFECTIVE
DATE. This section is
effective June 30, 2013, and first applies to funds to be carried forward from
the biennium ending June 30, 2013, to the biennium beginning July 1, 2013.
Sec. 27. [15B.055]
PUBLIC ACCESS TO PARKING SPACES.
To provide the public with greater
access to legislative proceedings, all parking spaces on Aurora Avenue in front
of the Capitol building must be reserved for the public. Revenue derived from public parking in these
spaces must be deposited in the general fund.
Sec. 28. Minnesota Statutes 2010, section 16A.10, subdivision 1a, is amended to read:
Subd. 1a. Purpose of performance data. Performance data shall be presented in the budget proposal to:
(1) provide information so that the legislature can determine the extent to which state programs and activities are successful;
(2)
encourage agencies to develop clear and measurable goals and objectives
for their programs and activities; and
(3) strengthen accountability to Minnesotans by providing a record of state government's performance in providing effective and efficient services.
Sec. 29. Minnesota Statutes 2010, section 16A.10, subdivision 1b, is amended to read:
Subd. 1b. Performance data format. (a) As part of the budget proposal, agencies shall:
(1) describe the goals and objectives
of each agency program and activity; and
(2) present performance data that
measures the performance of programs and activities in meeting program
goals and objectives.
(b) Measures reported must be
outcome-based and objective, and may include indicators of outputs,
efficiency, outcomes, and other measures relevant to understanding each
program and activity.
(c) Agencies shall present as much
historical information as needed to understand major trends and shall set
targets for future performance issues where feasible and appropriate. The information shall appropriately highlight
agency performance issues that would assist legislative review and decision
making.
(d) For purposes of this subdivision,
subdivision 1a, and section 16A.106, the terms "program" and
"activity" are used in the same manner as the terms are used in state
budgeting. However, the commissioner may
authorize an agency to define these terms in
a different manner if that allows for a more effective presentation of
performance data.
Sec. 30. Minnesota Statutes 2010, section 16A.10, subdivision 1c, is amended to read:
Subd. 1c. Performance
measures for change items. For each
change item in the budget proposal requesting new or increased funding, the
budget document must present proposed performance measures that can be used to
determine if the new or increased funding is accomplishing its goals. To the extent possible, each budget change
item must identify relevant Minnesota Milestones and other statewide goals and
indicators related to the proposed initiative.
The commissioner must report to the Subcommittee on Government
Accountability established under section 3.885, subdivision 10, regarding the
format to be used for the presentation and selection of Minnesota Milestones
and other statewide goals and indicators.
Sec. 31. Minnesota Statutes 2010, section 16A.103, subdivision 1a, is amended to read:
Subd. 1a. Forecast parameters. The forecast must assume the continuation of current laws and reasonable estimates of projected growth in the national and state economies and affected populations. Revenue must be estimated for all sources provided for in current law. Expenditures must be estimated for all obligations imposed by law and those projected to occur as a result of variables outside the control of the legislature. Expenditures for the current biennium must be based on actual appropriations or, for forecasted programs, the amount needed to fund the formula in law. The base for expenditures projections for the next biennium is the amount appropriated in the second year of the current biennium, except as provided by other law, or, for forecasted programs, the amount needed to fund the formula in law. Expenditure estimates must not include an allowance for inflation.
Sec. 32. [16A.106]
ZERO-BASED BUDGETING PRINCIPLES.
(a) The detailed budget presented to the legislature must include:
(1) a description of each budget
activity for which the agency or entity receives an appropriation in the
current biennium or for which the agency or entity requests an appropriation in
the next biennium;
(2) for each budget activity, three
alternative funding levels or alternative ways of performing the budget
activity, at least one of which is less than the previous biennium's actual
expenditures for that budget activity, a summary of the priorities that would
be accomplished within each level compared to a zero budget, and the additional
increments of value that would be added by the higher funding levels compared
to what would be accomplished if there were no funding for the activity; and
(3) for each budget activity,
performance data as specified in section 16A.10, subdivision 1b, the predicted
effect of the three alternative funding levels on future performance, and also
one or more measures of cost efficiency and effectiveness of program delivery,
which must include comparisons to other states or entities with similar programs.
(b) The commissioner's budget
preparation guidelines and instructions must contain requirements, deadlines,
and technical assistance to facilitate implementation of this section. After consultation with the legislative
commission on planning and fiscal policy, the commissioner's instructions may
establish parameters for the three alternative funding levels required in
clause (3).
(c) The governor's recommendations must
prioritize the budget activities within an agency or program area. To the extent activities in more than one
agency or program area are meeting the same goals, the recommendations must
prioritize budget activities across agencies or programs with the same goals,
and this prioritization must include agencies or programs not subject to zero-based
budgeting principles that biennium.
(d) Expenditures for debt service under
section 16A.642, subdivision 10, are not subject to zero-based budgeting
principles.
EFFECTIVE DATE. (a) The zero-based budgeting principles in this section first apply to the following budget proposals for the biennium beginning July 1, 2013:
(1) legislative branch;
(2) judicial branch;
(3) Minnesota State Colleges and
Universities system; and
(4) approximately half of expenditure
programs in the executive branch, designated by the governor, in consultation
with the chairs and lead minority members of the senate Finance Committee and
the house of representatives Ways and Means Committee.
(b) The zero-based budgeting principles in
this section apply to all budget proposals for the biennium beginning July 1,
2015, and after.
Sec. 33. Minnesota Statutes 2010, section 16A.11, subdivision 3, is amended to read:
Subd. 3. Part two: detailed budget. (a) Part two of the budget, the detailed budget estimates both of expenditures and revenues, must contain any statements on the financial plan which the governor believes desirable or which may be required by the legislature. The detailed estimates shall include the governor's budget arranged in tabular form.
(b) For programs designated for the
zero-based budgeting principles under section 16A.106, the budget must be
prepared according to the requirements of that section.
(c) For programs not designated for
zero-based budgeting principles under section 16A.106, tables listing
expenditures for the next biennium must show the appropriation base for each
year as defined in section 16A.103, subdivision 1c. The appropriation base is the amount
appropriated for the second year of the current biennium. The tables must separately show any
adjustments to the base required by current law or policies of the commissioner
of management and budget. For forecasted
programs, the tables must also show the amount of the forecast adjustments,
based on the most recent forecast prepared by the commissioner of management
and budget under section 16A.103. For
all programs, the tables must show the amount of appropriation changes
recommended by the governor, after adjustments to the base and forecast
adjustments, and the total recommendation of the governor for that year.
(c) (d) The detailed
estimates must include a separate line listing the total cost of professional
and technical service contracts for the prior biennium and the projected costs
of those contracts for the current and upcoming biennium. They must also include a summary of the
personnel employed by the agency, reflected as full-time equivalent positions.
(d) (e) The detailed
estimates for internal service funds must include the number of full-time
equivalents by program; detail on any loans from the general fund, including
dollar amounts by program; proposed investments in technology or equipment of
$100,000 or more; an explanation of any operating losses or increases in
retained earnings; and a history of the rates that have been charged, with an
explanation of any rate changes and the impact of the rate changes on affected
agencies.
Sec. 34. Minnesota Statutes 2010, section 16A.28, subdivision 3, is amended to read:
Subd. 3. Lapse. Any portion of any appropriation not carried forward and remaining unexpended and unencumbered at the close of a fiscal year lapses to the fund from which it was originally appropriated. Except as provided in section 15.76, 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.
EFFECTIVE
DATE. This section is
effective June 30, 2013.
Sec. 35. [16A.90]
EMPLOYEE GAINSHARING SYSTEM.
The commissioner shall establish a
program to provide onetime bonus compensation to state employees for efforts
made to reduce the costs of operating state government or for ways of providing
better or more efficient state services.
The commissioner may make a onetime award to an employee or group of
employees whose suggestion or involvement in a project is determined by the
commissioner to have resulted in documented cost-savings to the state. The maximum award is ten percent of the
documented savings in the first fiscal year in which the savings are realized. The award must be paid from the appropriation
to which the savings accrued.
Sec. 36. [16A.93]
MINNESOTA PAY FOR PERFORMANCE ACT.
Sections 16A.93 to 16A.96 may be cited
as the "Minnesota Pay for Performance Act of 2011."
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 37. [16A.94]
PROGRAM.
Subdivision 1. Pilot
program established. The
commissioner shall implement a pilot program to demonstrate the feasibility and
desirability of using state appropriation bonds to pay for certain services
based on performance and outcomes for the people served.
Subd. 2. Oversight committee. (a) The commissioner shall appoint an oversight committee to:
(1) identify criteria to select one or
more services to be included in the pilot program;
(2) identify the conditions of
performance and desired outcomes for the people served by each service
selected;
(3) identify criteria to evaluate
whether a service has met the performance conditions; and
(4) provide any other advice or
assistance requested by the commissioner.
(b) The oversight committee must
include the commissioners of the Departments of Human Services, Employment and
Economic Development, and Administration, or their designees; a representative
of a nonprofit organization that has participated in a pay-for-performance
program; and any other person or organization that the commissioner determines
would be of assistance in developing and implementing the pilot program.
Subd. 3. Contracts. The commissioner and the commissioner
of the agency with a service to be provided through the pilot program shall
enter into a contract with the selected provider. The contract must specify the service to be
provided, the time frame in which it is to be provided, the outcome required
for payment, and any other terms deemed necessary or convenient for
implementation of the pilot program. The
commissioner shall pay a provider that has met the terms and conditions of a
contract with money appropriated to the commissioner from the special appropriation bond proceeds account
established in section 16A.96. At a
minimum, before the commissioner pays a provider, the commissioner must
determine that the state's return on investment is positive.
Subd. 4. Return on investment calculation. The commissioner, in consultation with the oversight committee, must establish the method and data required for calculating the state's return on investment. The data at a minimum must include:
(1) state income taxes and any other
revenues collected in the year after the service was provided that would not
have been collected without the service; and
(2) costs avoided by the state by
providing the service.
A positive return on investment for the
state will cover the state's costs in financing and administering the pilot
program through documented increased state tax revenue or cost avoidance.
Subd. 5. Report
to governor and legislature. The
commissioner must report to the governor and legislative committees with
jurisdiction over capital investment, finance, and ways and means, and the
services included in the pilot program, by January 15 of each year following a
year in which the pilot program is operating.
The report must describe and discuss the criteria for selection and
evaluation of services to be provided through the program, the net benefits to
the state of the program, the state's return on investment, the cost of the
services provided by other means in the most recent past, the time frame for
payment for the services, and the timing and costs for sale and issuance of the
bonds authorized in section 16A.96.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 38. [16A.96]
MINNESOTA PAY FOR PERFORMANCE PROGRAM; APPROPRIATION BONDS.
Subdivision 1. Definitions. (a) The definitions in this
subdivision apply to this section.
(b) "Appropriation bond" means a bond, note, or other similar instrument of the state payable during a biennium from one or more of the following sources:
(1) money appropriated by law in any
biennium for debt service due with respect to obligations described in
subdivision 2, paragraph (b);
(2) proceeds of the sale of obligations
described in subdivision 2, paragraph (b);
(3) payments received for that purpose
under agreements and ancillary arrangements described in subdivision 2,
paragraph (d); and
(4) investment earnings on amounts in
clauses (1) to (3).
(c) "Debt service" means the
amount payable in any biennium of principal, premium, if any, and interest on
appropriation bonds.
Subd. 2. Authority. (a) Subject to the limitations of this
subdivision, the commissioner of management and budget may sell and issue
appropriation bonds of the state under this section for the purposes of the
Minnesota pay for performance program established in sections 16A.93 to 16A.96. Proceeds of the bonds must be credited to a
special appropriation bond proceeds account in the state treasury. Net income from investment of the proceeds,
as estimated by the commissioner, must be credited to the special appropriation
bond proceeds account.
(b) Appropriation bonds may be sold and
issued in amounts that, in the opinion of the commissioner, are necessary to
provide sufficient funds for achieving the purposes authorized as provided
under paragraph (a), and pay debt service, pay costs of issuance, make deposits
to reserve funds, pay the costs of credit enhancement, or make payments under
other agreements entered into under paragraph (d); provided, however, that
bonds issued and unpaid shall not exceed $20,000,000 in principal amount,
excluding refunding bonds sold and issued under subdivision 4. During the biennium ending June 30, 2013, the
commissioner may sell and issue bonds only in an amount that the commissioner
determines will result in principal and interest payments less than the amount
of savings to be generated through pay-for-performance contracts under section
16A.94. For programs achieving savings
under a pay-for-performance contract, the commissioner must reduce general fund
appropriations by at least the amount of principal and interest payments on
bonds issued under this section.
(c) Appropriation bonds may be issued
in one or more series on the terms and conditions the commissioner determines
to be in the best interests of the state, but the term on any series of bonds
may not exceed 20 years.
(d) At the time of, or in anticipation
of, issuing the appropriation bonds, and at any time thereafter, so long as the
appropriation bonds are outstanding, the commissioner may enter into agreements
and ancillary arrangements relating to the appropriation bonds, including but
not limited to trust indentures, liquidity facilities, remarketing or dealer
agreements, letter of credit agreements, insurance policies, guaranty
agreements, reimbursement agreements, indexing agreements, or interest exchange
agreements. Any payments made or
received according to the agreement or ancillary arrangement shall be made from
or deposited as provided in the agreement or ancillary arrangement. The determination of the commissioner
included in an interest exchange agreement that the agreement relates to an
appropriation bond shall be conclusive.
Subd. 3. Form;
procedure. (a) Appropriation
bonds may be issued in the form of bonds, notes, or other similar instruments,
and in the manner provided in section 16A.672.
In the event that any provision of section 16A.672 conflicts with this
section, this section shall control.
(b) Every appropriation bond shall
include a conspicuous statement of the limitation established in subdivision 6.
(c) Appropriation bonds may be sold at
either public or private sale upon such terms as the commissioner shall
determine are not inconsistent with this section and may be sold at any price
or percentage of par value. Any bid received
may be rejected.
(d) Appropriation bonds may bear
interest at a fixed or variable rate.
Subd. 4. Refunding
bonds. The commissioner from
time to time may issue appropriation bonds for the purpose of refunding any
appropriation bonds then outstanding, including the payment of any redemption
premiums on the bonds, any interest accrued or to accrue to the redemption
date, and costs related to the issuance and sale of the refunding bonds. The proceeds of any refunding bonds may, in
the discretion of the commissioner, be applied to the purchase or payment at
maturity of the appropriation bonds to be refunded, to the redemption of the
outstanding bonds on any redemption date, or to pay interest on the refunding
bonds and may, pending application, be placed in escrow to be applied to the
purchase, payment, retirement, or redemption.
Any escrowed proceeds, pending such use, may be invested and reinvested
in obligations that are authorized investments under section 11A.24. The income earned or realized on the
investment may also be applied to the payment of the bonds to be refunded or
interest or premiums on the refunded bonds, or to pay interest on the refunding
bonds. After the terms of the escrow
have been fully satisfied, any balance of the proceeds and any investment
income may be returned to the general fund or, if applicable, the appropriation
bond proceeds account for use in any lawful manner. All refunding bonds issued under this
subdivision must be prepared, executed, delivered, and secured by
appropriations in the same manner as the bonds to be refunded.
Subd. 5. Appropriation bonds as legal investments. Any of the following entities may legally invest any sinking funds, money, or other funds belonging to them or under their control in any appropriation bonds issued under this section:
(1) the state, the investment board,
public officers, municipal corporations, political subdivisions, and public
bodies;
(2) banks and bankers, savings and loan
associations, credit unions, trust companies, savings banks and institutions,
investment companies, insurance companies, insurance associations, and other
persons carrying on a banking or insurance business; and
(3) personal representatives,
guardians, trustees, and other fiduciaries.
Subd. 6. No full
faith and credit; state not required to make appropriations. The appropriation bonds are not public
debt of the state, and the full faith, credit, and taxing powers of the state
are not pledged to the payment of the appropriation bonds or to any payment
that the state agrees to make under this section. Appropriation bonds shall not be obligations
paid directly, in whole or in part, from a tax of statewide application on any
class of property, income, transaction, or privilege. Appropriation bonds shall be payable in each
fiscal year only from amounts that the legislature may appropriate for debt
service for any fiscal year, provided that nothing in this section shall be
construed to require the state to appropriate funds sufficient to make debt service
payments with respect to the bonds in any fiscal year.
Subd. 7. Appropriation
of proceeds. The proceeds of
appropriation bonds and interest credited to the special appropriation bond
proceeds account are appropriated to the commissioner for payment of contract
obligations under the pay for performance program, as permitted by state and
federal law, and nonsalary expenses incurred in conjunction with the sale of
the appropriation bonds.
Subd. 8. Appropriation
for debt service. The amount
needed to pay principal and interest on appropriation bonds issued under this
section is appropriated each year to the commissioner from the general fund
subject to the repeal, unallotment under section 16A.152, or cancellation
otherwise pursuant to subdivision 6.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 39. Minnesota Statutes 2010, section 16B.03, is amended to read:
16B.03
APPOINTMENTS.
The commissioner is authorized to appoint
staff, including two one deputy commissioners commissioner,
in accordance with chapter 43A.
Sec. 40. [16C.075]
E-VERIFY.
A contract for services valued in
excess of $50,000 must require certification from the vendor and any
subcontractors that, as of the date services on behalf of the state of
Minnesota will be performed, the vendor and all subcontractors have implemented
or are in the process of implementing the federal E-Verify program for all
newly hired employees in the United States who will perform work on behalf of
the state of Minnesota.
EFFECTIVE DATE. This section is effective July 1, 2011, and
applies to contracts entered into on or after that date.
Sec. 41. Minnesota Statutes 2010, section 16C.08, subdivision 2, is amended to read:
Subd. 2. Duties of contracting agency. (a) Before an agency may seek approval of a professional or technical services contract valued in excess of $5,000, it must provide the following:
(1) a description of how the proposed contract or amendment is necessary and reasonable to advance the statutory mission of the agency;
(2) a description of the agency's plan to notify firms or individuals who may be available to perform the services called for in the solicitation;
(3) a description of the performance measures or other tools, including accessibility measures if applicable, that will be used to monitor and evaluate contract performance; and
(4) an explanation detailing, if applicable, why this procurement is being pursued unilaterally by the agency and not as an enterprise procurement.
(b) In addition to paragraph (a), the agency must certify that:
(1) no current state employee is able and
available to perform the services called for by the contract;
(2) (1) the normal competitive
bidding mechanisms will not provide for adequate performance of the services;
(3) (2) reasonable efforts
will be made to publicize the availability of the contract to the public;
(4) (3) the agency will
develop and implement a written plan providing for the assignment of specific
agency personnel to manage the contract, including a monitoring and liaison
function, the periodic review of interim reports or other indications of past
performance, and the ultimate utilization of the final product of the services;
(5) (4) the agency will not
allow the contractor to begin work before the contract is fully executed unless
an exception under section 16C.05, subdivision 2a, has been granted by the
commissioner and funds are fully encumbered;
(6) (5) the contract will not
establish an employment relationship between the state or the agency and any
persons performing under the contract; and
(7) (6) in the event the
results of the contract work will be carried out or continued by state employees
upon completion of the contract, the contractor is required to include state
employees in development and training, to the extent necessary to ensure that
after completion of the contract, state employees can perform any ongoing work
related to the same function; and
(8) the agency will not contract out its
previously eliminated jobs for four years without first considering the same
former employees who are on the seniority unit layoff list who meet the minimum
qualifications determined by the agency.
(c) A contract establishes an employment
relationship for purposes of paragraph (b), clause (6) (5), if,
under federal laws governing the distinction between an employee and an
independent contractor, a person would be considered an employee.
Sec. 42. Minnesota Statutes 2010, section 16C.09, is amended to read:
16C.09
PROCEDURE FOR SERVICE CONTRACTS.
(a) Before entering into or approving a service contract, the commissioner must determine, at least, that:
(1) no current state employee is able
and available to perform the services called for by the contract;
(2) (1) the work to be
performed under the contract is necessary to the agency's achievement of its
statutory responsibilities and there is statutory authority to enter into the
contract;
(3) (2) the contract will
not establish an employment relationship between the state or the agency and
any persons performing under the contract;
(4) (3) the contractor and
agents are not employees of the state, except as authorized in section
15.062;
(5) (4) the contracting
agency has specified a satisfactory method of evaluating and using the results
of the work to be performed; and
(6) (5) the combined
contract and amendments will not exceed five years without specific, written
approval by the commissioner according to established policy, procedures, and
standards, or unless otherwise provided for by law. The term of the original contract must not
exceed two years, unless the commissioner determines that a longer duration is
in the best interest of the state.
(b) For purposes of paragraph (a),
clause (1), employees are available if qualified and:
(1) are already doing the work in
question; or
(2) are on layoff status in classes
that can do the work in question.
An employee is not available if the employee is doing
other work, is retired, or has decided not to do the work in question.
(c) (b) This section does
not apply to an agency's use of inmates pursuant to sections 241.20 to 241.23
or to an agency's use of persons required by a court to provide:
(1) community service; or
(2) conservation or maintenance services on lands under the jurisdiction and control of the state.
Sec. 43. [16D.20]
FEDERAL OFFSET PROGRAM.
(a) The commissioner may enter into an
agreement with the United States Secretary of the Treasury to participate in an
offset program authorized under United States Code, title 31, section 3716, for
the collection of debts owed to state agencies.
The agreement may provide for the United States to submit debts owed to
federal agencies for offset against state payments, similar to the procedures
for offsetting debts owed to state agencies from federal payments.
(b) The commissioner shall reduce any
state payment by the amount of any federal debt submitted in accordance with
the agreement authorized by this section, and pay such amount to the
appropriate federal official in accordance with the procedures specified in
such agreement.
(c) The commissioner may, by rule,
establish a reasonable administrative fee to be charged to the debtor for the
contingency fee-based processing of state payment offsets for the recovery of
federal nontax debts or the contingency fee-based processing of federal payment
offsets for the recovery of state tax and nontax debt. The fee is a separate debt and may be
withheld from any refund, reimbursement, or other money held for the debtor.
(d) An agreement under this section
must not allow for offset of payments if the debt that would be subject to the
offset is being contested or if the time for appealing the determination of the
debt has not yet expired.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
As soon as possible after that date, the commissioner must discuss an
agreement authorized under this section with appropriate federal officials, and
if an agreement is entered into, the commissioner must begin to implement it to
collect debts owed to the state as soon as possible.
Sec. 44. Minnesota Statutes 2010, section 37.06, is amended to read:
37.06
SECRETARY; LEGISLATIVE AUDITOR; DUTIES; REPORT.
The secretary shall keep a complete record of the proceedings of the annual meetings of the State Agricultural Society and all meetings of the board of managers and any committee of the board, keep all accounts of the society other than those kept by the treasurer of the society, and perform other duties as directed by the board of managers. On or before December 31 each year, the secretary shall report to the governor for the fiscal year ending October 31 all the proceedings of the society during the current year and its financial condition as appears from its books. This report must contain a full, detailed statement of all receipts and expenditures during the year.
The books and accounts of the society for the fiscal year must be examined and audited annually by an independent auditor, either a private auditor or the legislative auditor. If the audit is conducted by the legislative auditor, the cost of the examination must be paid by the society to the state and credited to the general fund.
A summary of this examination, certified
by the legislative auditor, must be appended to the secretary's report,
along with the legislative auditor's recommendations and the proceedings
of the first annual meeting of the society held following the secretary's
report, including addresses made at the meeting as directed by the board of
managers. The summary, recommendations,
and proceedings must be printed in the same manner as the reports of state
officers. Copies of the report must be
printed annually and distributed as follows:
to each society or association entitled to membership in the society, to
each newspaper in the state, and the remaining copies as directed by the board
of managers.
Sec. 45. Minnesota Statutes 2010, section 43A.08, subdivision 1, is amended to read:
Subdivision 1. Unclassified positions. Unclassified positions are held by employees who are:
(1) chosen by election or appointed to fill an elective office;
(2) heads of agencies required by law to be appointed by the governor or other elective officers, and the executive or administrative heads of departments, bureaus, divisions, and institutions specifically established by law in the unclassified service;
(3) deputy and assistant agency heads
and one confidential secretary in the agencies listed in subdivision 1a and
in the Office of Strategic and Long-Range Planning section 15.06,
subdivision 1;
(4) the confidential secretary to each of the elective officers of this state and, for the secretary of state and state auditor, an additional deputy, clerk, or employee;
(5) intermittent help employed by the commissioner of public safety to assist in the issuance of vehicle licenses;
(6) employees in the offices of the governor and of the lieutenant governor and one confidential employee for the governor in the Office of the Adjutant General;
(7) employees of the Washington, D.C., office of the state of Minnesota;
(8) employees of the legislature and of legislative committees or commissions; provided that employees of the Legislative Audit Commission, except for the legislative auditor, the deputy legislative auditors, and their confidential secretaries, shall be employees in the classified service;
(9) presidents, vice-presidents, deans, other managers and professionals in academic and academic support programs, administrative or service faculty, teachers, research assistants, and student employees eligible under terms of the federal Economic Opportunity Act work study program in the Perpich Center for Arts Education and the Minnesota State Colleges and Universities, but not the custodial, clerical, or maintenance employees, or any professional or managerial employee performing duties in connection with the business administration of these institutions;
(10) officers and enlisted persons in the National Guard;
(11) attorneys, legal assistants, and three confidential employees appointed by the attorney general or employed with the attorney general's authorization;
(12) judges and all employees of the judicial branch, referees, receivers, jurors, and notaries public, except referees and adjusters employed by the Department of Labor and Industry;
(13) members of the State Patrol; provided that selection and appointment of State Patrol troopers must be made in accordance with applicable laws governing the classified service;
(14) examination monitors and intermittent training instructors employed by the Departments of Management and Budget and Commerce and by professional examining boards and intermittent staff employed by the technical colleges for the administration of practical skills tests and for the staging of instructional demonstrations;
(15) student workers;
(16) executive directors or executive secretaries appointed by and reporting to any policy-making board or commission established by statute;
(17) employees unclassified pursuant to other statutory authority;
(18) intermittent help employed by the commissioner of agriculture to perform duties relating to pesticides, fertilizer, and seed regulation;
(19) the administrators and the deputy administrators at the State Academies for the Deaf and the Blind; and
(20) chief executive officers in the Department of Human Services.
Sec. 46. Minnesota Statutes 2010, section 43A.20, is amended to read:
43A.20
PERFORMANCE APPRAISAL AND PAY.
(a) The commissioner shall design and maintain a performance appraisal system under which each employee in the civil service in the executive branch shall be evaluated and counseled on work performance at least once a year. The performance appraisal system must include three components:
(1) evaluation of the individual
employee's performance relative to goals for that individual, which must
constitute a majority of the overall determination of an employee's
performance;
(2) evaluation of the performance of
the individual employee's program, defined by the agency head, toward meeting
targeted outcomes for the program; and
(3) evaluation of the performance of
the entire agency toward meeting targeted outcomes for the agency.
(b) Individual pay increases for all
employees not represented by an exclusive representative certified pursuant
to chapter 179A shall be based on the evaluation evaluations
required by paragraph (a) and other factors consistent with paragraph
(a) that the commissioner negotiates in collective bargaining agreements
or includes in the plans developed pursuant to section 43A.18. Collective bargaining agreements entered
into pursuant to chapter 179A may, and are encouraged to, provide for pay
increases based on employee work performance. An employee in the executive branch may
not receive an increase in salary or wages based on cost of living or
progression to another step or lane unless the employee's supervisor certifies
that the employee's performance has been satisfactory.
(c) This section does not apply to
faculty and administrators in the Minnesota State Colleges and University
system.
(d) This section supersedes any
conflicting provision of other law.
EFFECTIVE
DATE. This section is
effective July 1, 2011. For employees
covered by a collective bargaining agreement, this section applies to
collective bargaining agreements entered into on or after that date.
Sec. 47. [43A.347]
REDUCTION IN STATE WORK FORCE; EARLY RETIREMENT PROGRAM.
Subdivision 1. Required
reduction. (a) The number of
full-time equivalent employees employed in the executive branch, and the costs
directly associated with employing those persons, must be reduced by at least
12 percent by June 30, 2013, and 15 percent by June 30, 2015, and thereafter,
compared to the number of full-time equivalent positions and the costs directly
associated with those positions on January 1, 2011.
(b) An appointing authority may use any
or all of the following to achieve this requirement: attrition, a hard hiring freeze, early retirement
incentives authorized in this section, restructuring of benefit or pension
programs as authorized by other law, furloughs, and layoffs. The early retirement program in this section
is enacted as a tool to assist in complying with the required 15 percent
reduction.
(c) For purposes of this section:
(1) "costs directly
associated" with employing people means the cost of salaries and benefits,
including the costs of employer contributions to public pension plans; and
(2) "executive branch" does not
include the Minnesota State Colleges and Universities.
Subd. 2. Analysis. Before authorizing an early retirement
under subdivision 3 or 4, the commissioner must perform analysis, including
actuarial analysis, as necessary to determine the maximum number of employees
to whom incentives will be offered, and the percentage of resulting savings
estimated to be needed to pay pension funds to cover costs to the funds of the
incentive in this section. The
commissioner must use this analysis in determining how to best implement this
section.
Subd. 3. Pension early retirement incentive. (a) The commissioner of management and budget may authorize an executive branch appointing authority to offer an early retirement incentive under this subdivision to an employee who upon retirement would be immediately eligible to receive an annuity from the public pension plan under which the employee is covered immediately before separation from state service. The commissioner may establish time periods during which the incentive may be offered and during which the incentive must be accepted, may establish limits on the number of employees to whom an appointing authority, or all appointing authorities collectively, may offer the incentive, and may establish other conditions for the incentive.
(b) For an employee offered an incentive under this subdivision, for each full year of service credit that the employee has in a plan administered by the Minnesota State Retirement System, the Public Employees Retirement Association, or the Teachers Retirement Association, the employee must be granted an additional month of service credit in the plan under which the employee is covered immediately before separation from state service under this subdivision.
(c) Upon request of an appointing
authority considering offering an incentive under this subdivision, the
executive director of the public pension plan in which an employee would be
granted additional service credit under this subdivision must prepare an
estimate of the present value of the additional service credit that would be
granted to an employee under this subdivision.
For each employee accepting an incentive under this subdivision, the
appointing authority offering the incentive must pay the applicable public
pension plan, from the first dollars of savings achieved through offering the
incentive, the present value of the additional service credit granted to the
employee, taking into account the date payment will be received from the
appointing authority. The appointing authority
must make this payment to the pension plan within one year of the date the
employee accepting the incentive leaves state service.
Subd. 4. Insurance
early retirement incentive. The
commissioner of management and budget may authorize an executive appointing
authority to offer the incentive originally offered under Laws 2010, chapter
337, to employees who retire from state service during periods that the
commissioner specifies before June 30, 2015.
The terms and conditions specified in Laws 2010, chapter 337, apply to
an incentive offered under this subdivision, except for the dates specified in
that law for accepting the incentive and for retiring, and except that the
prohibition on reemployment or contracting is for the period specified in this
section, instead of the shorter period specified in Laws 2010, chapter 337.
Subd. 5. Best
practices. In implementing
this section, the commissioner of management and budget and affected agencies
shall utilize best practices as identified by other states that have
implemented early retirement programs.
Subd. 6. Hiring
freeze. To promote
streamlined government and reduced costs, no state appointing authority may
fill by outside hire a position vacated through state employee participation in
an early retirement incentive under this section.
Subd. 7. Reemployment prohibition. An employee who receives an early retirement incentive under this section may not be reemployed with the state or enter into a contract with the state as a consultant for five years after termination.
Subd. 8. Savings. Savings resulting from implementation
of this section, after any payments made under subdivisions 3 and 4, must
cancel back to the fund in which the savings occurred.
Subd. 9. Not
applicable to elected officials. A
state elected official is not a state employee for purposes of this section.
Sec. 48. Minnesota Statutes 2010, section 45.013, is amended to read:
45.013
POWER TO APPOINT STAFF.
The commissioner of commerce may appoint four
one deputy commissioners, four assistant commissioners, and an
assistant to the commissioner. Those
positions, as well as that of and a confidential secretary, are
in the unclassified service.
The commissioner may appoint other employees necessary to carry out the duties
and responsibilities entrusted to the commissioner.
Sec. 49. Minnesota Statutes 2010, section 84.01, subdivision 3, is amended to read:
Subd. 3. Employees;
delegation. Subject to the
provisions of Laws 1969, chapter 1129, and to other applicable laws The
commissioner shall organize the department and employ up to three assistant
commissioners, each of whom shall serve at the pleasure of the commissioner in
the unclassified service, one of whom shall have responsibility for
coordinating and directing the planning of every division within the agency,
and such other
officers, employees, and agents as the commissioner may deem necessary to discharge the functions of the department, define the duties of such officers, employees, and agents and to delegate to them any of the commissioner's powers, duties, and responsibilities subject to the control of, and under the conditions prescribed by, the commissioner. Appointments to exercise delegated power shall be by written order filed with the secretary of state.
Sec. 50. Minnesota Statutes 2010, section 116.03, subdivision 1, is amended to read:
Subdivision 1. Office. (a) The office of commissioner of the Pollution Control Agency is created and is under the supervision and control of the commissioner, who is appointed by the governor under the provisions of section 15.06.
(b) The commissioner may appoint a deputy
commissioner and assistant commissioners who shall be in the
unclassified service.
(c) The commissioner shall make all decisions on behalf of the agency that are not required to be made by the agency under section 116.02.
Sec. 51. Minnesota Statutes 2010, section 116J.01, subdivision 5, is amended to read:
Subd. 5. Departmental organization. (a) The commissioner shall organize the department as provided in section 15.06.
(b) The commissioner may establish
divisions and offices within the department.
The commissioner may employ four deputy commissioners in the
unclassified service.
(c) The commissioner shall:
(1) employ assistants and other officers, employees, and agents that the commissioner considers necessary to discharge the functions of the commissioner's office;
(2) define the duties of the officers, employees, and agents, and delegate to them any of the commissioner's powers, duties, and responsibilities, subject to the commissioner's control and under conditions prescribed by the commissioner.
(d) The commissioner shall ensure that there are at least three employment and economic development officers in state offices in nonmetropolitan areas of the state who will work with local units of government on developing local employment and economic development.
Sec. 52. Minnesota Statutes 2010, section 116J.035, subdivision 4, is amended to read:
Subd. 4. Delegation
of powers. The commissioner may
delegate, in written orders filed with the secretary of state, any powers or
duties subject to the commissioner's control to officers and employees in the
department. Regardless of any other law,
the commissioner may delegate the execution of specific contracts or specific
types of contracts to the commissioner's deputies, an assistant
commissioner, deputy or a program director if the delegation has
been approved by the commissioner of administration and filed with the
secretary of state.
Sec. 53. Minnesota Statutes 2010, section 174.02, subdivision 2, is amended to read:
Subd. 2. Unclassified
positions. The commissioner may establish
four positions in the unclassified service at the appoint a deputy and
assistant commissioner, assistant to commissioner or and a
personal secretary levels. No more
than two of these positions shall be at the deputy commissioner level in
the unclassified service.
Sec. 54. Minnesota Statutes 2010, section 241.01, subdivision 2, is amended to read:
Subd. 2. Deputies
Deputy. The commissioner of
corrections may appoint and employ no more than two a deputy commissioners
commissioner. The commissioner
may also appoint a personal secretary, who shall serve at the commissioner's pleasure
in the unclassified civil service.
Sec. 55. Laws 2010, chapter 361, article 3, section 8, is amended to read:
Sec. 8. USE OF
CARRYFORWARD.
The restrictions in Minnesota Statutes,
section 16A.281, on the use of money carried forward from one biennium to
another shall not apply to money the legislative auditor carried forward from
the previous biennium for use in fiscal years 2010 and 2011 ending
June 30, 2009, or the biennium ending June 30, 2011. The legislative auditor may use the carry forward
money for costs related to the conduct of audits related to funds authorized in
the Minnesota Constitution, Article XI, section 15, and audits related to
the institutions, offices, and functions of Minnesota State Colleges and
Universities.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 56. SALARY
FREEZE.
(a) Effective July 1, 2011, a state
employee may not receive a salary or wage increase before July 1, 2013. This section prohibits any increases,
including but not limited to: across-the-board
increases; cost-of-living adjustments; increases based on longevity; step
increases; increases in the form of lump-sum payments; increases in employer
contributions to deferred compensation plans; or any other pay grade
adjustments of any kind. This section
does not prohibit an increase in the rate of salary and wages for an employee
who is promoted or transferred to a position with greater responsibilities and
with a higher salary or wage rate. For
purposes of this section, "state employee" means an
"employee" as defined in Minnesota Statutes, section 43A.02,
subdivision 21, but does not include faculty or administrators in the Minnesota
State Colleges and Universities.
(b) A state appointing authority may
not enter into a collective bargaining agreement or implement a compensation
plan that increases salary or wages in a manner prohibited by this section. Neither a state appointing authority nor an
exclusive representative of state employees may request interest arbitration in
relation to an increase in salary or wages that is prohibited by this section,
and an arbitrator may not issue an award that would increase salary or wages in
a manner prohibited by this section.
EFFECTIVE
DATE. Paragraph (b) is
effective the day following final enactment.
Paragraph (a) is effective June 30, 2011.
Sec. 57. STATE
JOB CLASSIFICATIONS.
The commissioner of management and
budget shall report to the legislature by January 15, 2012, on a process to
redesign and consolidate the job classification plan for executive branch
employees, with a goal of assigning all classified positions to no more than 50
job families. The process must lead to
development of a new job classification plan designed to enhance the ability of
state agencies to flexibly manage their workforces to meet changing needs and
demands of the agency, and to enhance the ability of state employees to
transfer to other positions for which they are qualified. In developing this process, the commissioner
must meet and confer with the exclusive representatives of each affected
bargaining unit. The report to the
legislature must identify implementation issues.
Sec. 58. DEPARTMENT
OF REVENUE; REQUEST FOR PROPOSALS.
(a) The commissioner of revenue shall issue a request for proposals for a contract to implement a system of tax analytics and business intelligence tools to enhance the state's tax collection process and revenues by improving the means of identifying candidates for audit and collection activities and prioritizing those activities to provide the highest returns on auditors' and collection agents' time. The request for proposals must require that the system recommended and implemented by the contractor:
(1) leverage the Department of
Revenue's existing data and other available data sources to build models that
more effectively and efficiently identify accounts for audit review and
collections;
(2) leverage advanced analytical
techniques and technology such as pattern detection, predictive modeling,
clustering, outlier detection and link analysis to identify suspect accounts
for audit review and collections;
(3) leverage a variety of approaches
and analytical techniques to rank accounts and improve the success rate and the
return on investment of department employees engaged in audit activities;
(4) leverage technology to make the
audit process more sustainable and stable, even with turnover of department
auditing staff;
(5) provide optimization capabilities
to more effectively prioritize collections and increase the efficiency of
employees engaged in collections activities; and
(6) incorporate mechanisms to decrease
wrongful auditing and reduce interference with Minnesota taxpayers who are
fully complying with the laws.
(b) Based on reasonable responses to
the request for proposals, the commissioner shall enter into a contract for the
services specified in paragraph (a) by October 1, 2011.
(c) Incorporating the system of tax
analytics and business intelligence tools under the contract in this section,
the commissioner of revenue shall identify and collect tax liabilities from
individuals and businesses that currently do not pay all taxes owed. The commissioner may enter into additional
contracts and retain up to five percent administrative costs as necessary to
implement this section. A contract may
incorporate a vendor financing option. This
financing option may not make the vendor's compensation contingent on the
amount collected as a result of an audit or an assessment determined by the
vendor.
(d)
$11,504,000 for the fiscal year ending June 30, 2012, and $23,269,000 for the
fiscal year ending June 30, 2013, are appropriated from the general fund
to the commissioner of revenue for purposes of this section. This initiative is expected to result in new general
fund revenues of $133,000,000 for the biennium ending June 30, 2013.
(e) The commissioner of revenue must
report to the chairs of the house of representatives Ways and Means and senate
Finance Committees by March 1, 2012, and January 15, 2013, on collection of
additional revenue under this section.
(f)(1) If the commissioner of revenue
determines that the initiative under this section will result in new general
fund revenues of less than $133,000,000 for the biennium ending June 30, 2013,
the commissioner must notify the commissioner of management and budget of the
amount of new general fund revenues anticipated under this section.
(2) Upon receiving a notice from the
commissioner of revenue under clause (1), the commissioner of management and
budget must reduce general fund appropriations to executive agencies for agency
operations for the biennium ending June 30, 2013, by an amount equal to the
difference between $133,000,000 and the amount of new general fund revenues
anticipated by the commissioner of revenue under the notice in clause (1).
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 59. REVENUE
FROM FEDERAL OFFSET PROGRAM.
(a) It is expected that implementation
of authority under Minnesota Statutes, section 16D.20, will result in increased
revenues to the general fund of at least $36,600,000 during the biennium ending
June 30, 2013. If the commissioner of
revenue determines that implementation of Minnesota Statutes, section 16D.20,
will result in new general fund revenues of less than $36,600,000 for the
biennium ending June 30, 2013, the commissioner must notify the commissioner of
management and budget of the amount of new general fund revenues anticipated
under Minnesota Statutes, section 16D.20.
(b) Upon receiving a notice from the
commissioner of revenue under paragraph (a), the commissioner of management and
budget must reduce general fund appropriations to executive agencies for agency
operations for the biennium ending June 30, 2013, by an amount equal to the
difference between $36,600,000 and the amount of new general fund revenues
anticipated by the commissioner of revenue under the notice in paragraph (a).
Sec. 60. STATE
EMPLOYEE GROUP INSURANCE PLAN DEPENDENT ELIGIBILITY VERIFICATION AUDIT SERVICES.
Subdivision 1. Request for proposals. By September 1, 2011, the commissioner of management and budget shall issue a request for proposals for a contract to provide dependent eligibility verification audit services for state-paid hospital, medical, and dental benefits provided to participants in the state employee group insurance program and their dependents. The request for proposals must require that the vendor will:
(1) conduct a document-model dependent
eligibility verification audit of all plans offered under Minnesota Statutes,
sections 43A.22 to 43A.31;
(2) identify ineligible dependents
covered by the plans and report those findings to the commissioner and
third-party administrators of the state's employee health plans, as directed by
the commissioner; and
(3) implement a process for ongoing
eligibility verification following the conclusion of the dependent eligibility
verification audit required by this section.
Subd. 2. Additional vendor criteria. The request for proposals required by subdivision 1 must require the vendor to provide the following minimum capabilities and experience in performing the services described in subdivision 1:
(1) a rules-based platform employing
auto-adjudication for making objective eligibility determinations;
(2) assigned eligibility advocates to
assist employees through the verification process;
(3) a formal claims and appeals
process; and
(4) experience in the performance of
dependent eligibility verification audits for other states.
Subd. 3. Contract
required. By January 1, 2012,
the commissioner must enter into a contract for the services specified in
subdivision 1. The contract must
incorporate a performance-based vendor financing option that compensates the
vendor based on the amount of savings generated by the work performed under the
contract.
Sec. 61. STRATEGIC
SOURCING REQUEST FOR PROPOSALS.
Subdivision 1. Request
for proposals. By July 1,
2011, the commissioner of administration shall issue a request for proposals
for a contract to provide recommendations for efficiencies in strategic
sourcing to the commissioner. For the
purposes of this section, "strategic sourcing" has the meaning given
in Minnesota Statutes, section 16C.02, subdivision 20. The request for proposals shall require the
vendor to provide recommendations for improvements to methods used by the
commissioner to analyze and reduce spending on goods and services, including,
but not limited to, spend analysis, product standardization, contract
consolidation, negotiations, multiple jurisdiction purchasing alliances,
reverse and forward auctions, life-cycle costing, and other techniques.
Subd. 2. Proof
of concept phase. The request
for proposal shall require the selected vendor, at no cost to the state, to begin
work on the contract by assisting the commissioner in implementing its proposed
solution on selected state procurement processes to demonstrate the savings
provided by the recommendations. The
system provided by the vendor must be capable of application to the state
procurement system.
Subd. 3. Full
implementation and payment. The
request for proposal must require the state to implement the recommendations
provided by the vendor in the entire state procurement system if the work done
under the requirements of subdivision 2 provides material savings to the state. After the full implementation of the system
provided by the vendor, the vendor shall be paid by the state from the savings
attributable to the work done by the vendor, according to the terms and
performance measures negotiated in the contract.
Subd. 4. Selection
of vendor. The commissioner
of administration shall select a vendor from the responses to the request for
proposal by September 1, 2011.
Subd. 5. Progress
report. The commissioner
shall provide a report describing the progress made under this section to the
governor and the chairs and ranking minority members of the legislative
committees with jurisdiction over the commissioner of administration by January
15, 2012.
Sec. 62. REPEALER.
Minnesota Statutes 2010, sections
16C.085; 43A.047; and 179A.23, are repealed.
ARTICLE 4
CONSOLIDATION OF INFORMATION TECHNOLOGY SERVICES
Section 1. Minnesota Statutes 2010, section 16B.99, is amended to read:
16B.99
GEOSPATIAL INFORMATION OFFICE.
Subdivision 1. Creation. The Minnesota Geospatial Information
Office is created under the supervision of the commissioner of
administration chief geospatial information officer, who is appointed by
the chief information officer.
Subd. 2. Responsibilities; authority. The office has authority to provide coordination, guidance, and leadership, and to plan the implementation of Minnesota's geospatial information technology. The office must identify, coordinate, and guide strategic investments in geospatial information technology systems, data, and services to ensure effective implementation and use of Geospatial Information Systems (GIS) by state agencies to maximize benefits for state government as an enterprise.
Subd. 3. Duties. The office must:
(1) coordinate and guide the efficient and effective use of available federal, state, local, and public-private resources to develop statewide geospatial information technology, data, and services;
(2) provide leadership and outreach, and ensure cooperation and coordination for all Geospatial Information Systems (GIS) functions in state and local government, including coordination between state agencies, intergovernment coordination between state and local units of government, and extragovernment coordination, which includes coordination with academic and other private and nonprofit sector GIS stakeholders;
(3) review state agency and intergovernment geospatial technology, data, and services development efforts involving state or intergovernment funding, including federal funding;
(4) provide information to the legislature regarding projects reviewed, and recommend projects for inclusion in the governor's budget under section 16A.11;
(5) coordinate management of geospatial technology, data, and services between state and local governments;
(6) provide coordination, leadership, and consultation to integrate government technology services with GIS infrastructure and GIS programs;
(7) work to avoid or eliminate unnecessary duplication of existing GIS technology services and systems, including services provided by other public and private organizations while building on existing governmental infrastructures;
(8) promote and coordinate consolidated geospatial technology, data, and services and shared geospatial Web services for state and local governments; and
(9) promote and coordinate geospatial technology training, technical guidance, and project support for state and local governments.
Subd. 4. Duties
of chief geospatial information officer.
(a) In consultation with the state geospatial advisory council, the
commissioner of administration, the commissioner of management and budget, and
the Minnesota chief geospatial information officer, the chief geospatial
information officer must identify when it is cost-effective for agencies to
develop and use shared information and geospatial technology systems, data, and
services. The chief geospatial
information officer may require agencies to use shared information and
geospatial technology systems, data, and services.
(b) The chief geospatial information
officer, in consultation with the state geospatial advisory council, must
establish reimbursement rates in cooperation with the commissioner of
management and budget to bill agencies and other governmental entities
sufficient to cover the actual development, operation, maintenance, and
administrative costs of the shared systems.
The methodology for billing may include the use of interagency
agreements, or other means as allowed by law.
Subd. 5. Fees. (a) The chief geospatial
information officer must set fees under section 16A.1285 that reflect the
actual cost of providing information products and services to clients. Fees collected must be deposited in the state
treasury and credited to the Minnesota Geospatial Information Office revolving
account. Money in the account is
appropriated to the chief geospatial information officer for providing
Geospatial Information Systems (GIS) consulting services, software, data, Web
services, and map products on a cost-recovery basis, including the cost of
services, supplies, material, labor, and equipment as well as the portion of
the general support costs and statewide indirect costs of the office that is
attributable to the delivery of these products and services. Money in the account must not be used for the
general operation of the Minnesota Geospatial Information Office.
(b) The chief geospatial information
officer may require a state agency to make an advance payment to the revolving
account sufficient to cover the agency's estimated obligation for a period of
60 days or more. If the revolving
account is abolished or liquidated, the total net profit from the operation of
the account must be distributed to the various funds from which purchases were
made. For a given period of time, the
amount of total net profit to be distributed to each fund must reflect the same
ratio of total purchases attributable to each fund divided by the total
purchases from all funds.
Subd. 6. Accountability. The chief geospatial information officer
is appointed by the commissioner of administration and must work closely
with the Minnesota chief information officer who shall advise on technology
projects, standards, and services.
Subd. 7. Discretionary powers. The office may:
(1) enter into contracts for goods or services with public or private organizations and charge fees for services it provides;
(2) apply for, receive, and expend money from public agencies;
(3) apply for, accept, and disburse grants and other aids from the federal government and other public or private sources;
(4) enter into contracts with agencies of the federal government, local government units, the University of Minnesota and other educational institutions, and private persons and other nongovernment organizations as necessary to perform its statutory duties;
(5) appoint committees and task forces to assist the office in carrying out its duties;
(6) sponsor and conduct conferences and studies, collect and disseminate information, and issue reports relating to geospatial information and technology issues;
(7) participate in the activities and conferences related to geospatial information and communications technology issues;
(8) review the Geospatial Information Systems (GIS) technology infrastructure of regions of the state and cooperate with and make recommendations to the governor, legislature, state agencies, local governments, local technology development agencies, the federal government, private businesses, and individuals for the realization of GIS information and technology infrastructure development potential;
(9) sponsor, support, and facilitate innovative and collaborative geospatial systems technology, data, and services projects; and
(10) review and recommend alternative sourcing strategies for state geospatial information systems technology, data, and services.
Subd. 8. Geospatial
advisory councils created. The chief
geospatial information officer must establish a governance structure
that includes advisory councils to provide recommendations for improving the
operations and management of geospatial technology within state government and
also on issues of importance to users of geospatial technology throughout the
state.
(a) A statewide geospatial advisory council
must advise the Minnesota Geospatial Information Office regarding the
improvement of services statewide through the coordinated, affordable,
reliable, and effective use of geospatial technology. The commissioner of administration chief
information officer must appoint the members of the council.
The members must represent a cross-section of organizations including counties, cities, universities, business, nonprofit organizations, federal agencies, and state agencies. No more than 20 percent of the members may be employees of a state agency. In addition, the chief geospatial information officer must be a nonvoting member.
(b) A state government geospatial advisory
council must advise the Minnesota Geospatial Information Office on issues concerning
improving state government services through the coordinated, affordable,
reliable, and effective use of geospatial technology. The commissioner of administration chief
information officer must appoint the members of the council. The members must represent up to 15 state
government agencies and constitutional offices, including the Office of
Enterprise Technology and the Minnesota Geospatial Information Office. The council must be chaired by the chief
geographic information officer. A
representative of the statewide geospatial advisory council must serve as a
nonvoting member.
(c) Members of both the statewide geospatial advisory council and the state government advisory council must be recommended by a process that ensures that each member is designated to represent a clearly identified agency or interested party category and that complies with the state's open appointment process. Members shall serve a term of two years.
(d) The Minnesota Geospatial Information Office must provide administrative support for both geospatial advisory councils.
(e) This subdivision expires June 30, 2011.
Subd. 9. Report
to legislature. By January 15, 2010,
the chief geospatial information officer must provide a report to the chairs
and ranking minority members of the legislative committees with jurisdiction
over the policy and budget for the office.
The report must address all statutes that refer to the Minnesota
Geospatial Information Office or land management information system and provide
any necessary draft legislation to implement any recommendations.
Sec. 2. [16E.0151]
RESPONSIBILITY FOR INFORMATION TECHNOLOGY SERVICES AND EQUIPMENT.
(a) The chief information officer is responsible for providing or entering into managed services contracts for the provision of the following information technology systems and services to state agencies:
(1) state data centers;
(2) mainframes including system
software;
(3) servers including system software;
(4) desktops including system software;
(5) laptop computers including system
software;
(6) a data network including system
software;
(7) database, electronic mail, office
systems, reporting, and other standard software tools;
(8) business application software and
related technical support services;
(9) help desk for the components listed
in clauses (1) to (8);
(10) maintenance, problem resolution,
and break-fix for the components listed in clauses (1) to (8); and
(11) regular upgrades and replacement
for the components listed in clauses (1) to (8).
(b) All state agency employees whose
work primarily involves functions specified in paragraph (a) are employees of
the Office of Enterprise Technology. The
chief information officer may assign employees of the office to perform work
exclusively for another executive agency.
(c) The chief information officer may
allow a state agency to obtain services specified in paragraph (a) through a
contract with an outside vendor when the value of an outside vendor contract
can be demonstrated. Sections 16C.08,
subdivision 2, paragraph (b), clause (1); 16C.09, paragraph (a), clause (1);
and 43A.047 do not apply to these contracts with outside vendors. The chief information officer must require
that agency contracts with outside vendors ensure that systems and services are
compatible with standards established by the Office of Enterprise Technology.
(d) In exercising authority under this
section, the chief information officer must cooperate with the commissioner of
administration on contracts for acquisition of information technology systems
and services. The authority granted to
the chief information officer does not limit the procurement, contract
management, and contract review authority of the commissioner of administration
under chapter 16C, including authority of the commissioner to enter into and
manage cooperative purchasing agreements with other states.
(e) The State Lottery and Statewide
Radio Board are not state agencies for purposes of this section.
Sec. 3. [16E.036]
ADVISORY COMMITTEE.
(a) The Technology Advisory Committee is
created to advise the chief information officer. The committee consists of six members
appointed by the governor who are individuals actively involved in business
planning for state executive branch agencies, one county member designated by
the Association of Minnesota Counties, and one member appointed by the governor
to represent private businesses.
(b) Membership terms, removal of members, and filling of vacancies are as provided in section 15.059. Members do not receive compensation or reimbursement for expenses.
(c) The committee shall select a chair
from its members. The chief information
officer shall provide administrative support to the committee.
(d) The committee shall advise the chief information officer on:
(1) development and implementation of
the state information technology strategic plan;
(2) critical information technology
initiatives for the state;
(3) standards for state information
architecture;
(4) identification of business and
technical needs of state agencies;
(5) strategic information technology
portfolio management, project prioritization, and investment decisions;
(6) the office's performance measures and fees for service agreements with executive branch agencies;
(7) management of the state enterprise
technology revolving fund; and
(8) the efficient and effective
operation of the office.
Sec. 4. Minnesota Statutes 2010, section 16E.14, is amended by adding a subdivision to read:
Subd. 6. Technology
improvement account. The
technology improvement account is established as an account in the enterprise
technology fund. Money in the account is
appropriated to the chief information officer for the purpose of funding a
project that will result in improvements in state information and telecommunications
technology. The chief information
officer may spend money from the account on behalf of a state agency or group
of agencies or may transfer money in the account to a state agency or group of
agencies only according to an agreement under which: (1) the chief information officer has
determined that savings generated by the project to be funded from the account
will exceed the cost of the project; and (2) the agency or agencies sponsoring
the project have developed a plan for recouping the project costs to the fund.
Sec. 5. TRANSFERS.
(a) Powers, duties, responsibilities,
assets, personnel, and unexpended appropriations relating to functions assigned
to the chief information officer in Minnesota Statutes, section 16E.0151, are
transferred to the Office of Enterprise Technology from all other state
agencies, as defined in Minnesota Statutes, section 16E.03, subdivision 1,
paragraph (e), effective July 1, 2011. By
January 15, 2012, the chief information officer shall submit to the legislature
any statutory changes needed to complete implementation of the transfer in this
section.
(b) Prior to the transfer mandated by
paragraph (a), the chief information officer must enter into a service-level
agreement with each state agency governing the provision of information
technology systems and services in Minnesota Statutes, section 16E.0151. The agreements must specify the services to
be provided and the charges for these services.
As specified in Minnesota Statutes, section 16E.0151, an agency may choose
to obtain these services from an outside vendor, rather than from the Office of
Enterprise Technology.
(c) Powers, duties, responsibilities,
assets, personnel, and unexpended appropriations relating to geospatial
information systems are transferred from the commissioner of administration to
the Office of Enterprise Technology.
(d) Minnesota Statutes, section 15.039, applies to transfers in this section. Executive branch officials may use authority under Minnesota Statutes, section 16B.37, as necessary to implement this section.
Sec. 6. STUDY.
The chief information officer in the
Office of Enterprise Technology shall report to the chairs and ranking minority
members of the house of representatives and senate committees with jurisdiction
over state government finance by January 15, 2012, on the feasibility and
desirability of the office entering into service-level agreements with the
State Lottery and the Statewide Radio Board regarding provision of information
technology systems and services to those entities.
Sec. 7. REVISOR'S
INSTRUCTION.
The revisor of statutes shall recodify Minnesota Statutes, section 16B.99, into Minnesota Statutes, chapter 16E."
Delete the title and insert:
"A bill for an act relating to state government finance; establishing the Sunset Advisory Commission; allowing counties to provide an audit performed by a certified public accountant firm; requiring state agencies to carry out agency duties in most cost-effective manner whether by employing state workers or contracting with outside sources; establishing the SAVI program for retained savings; increasing public parking in front of Capitol building; changing provision of performance data required in the budget proposal; implementing zero-based budgeting
principles; implementing employee gainsharing system to suggest ways to reduce cost of government; implementing pay for performance pilot program and allowing bond sale for programs proposed; implementing federal offset program for collection of debts owed to state agencies; allowing for independent or private audit for the State Agriculture Society; removing assistant agency head positions; changing provisions for performance appraisal and pay; reducing state workforce; providing early retirement incentives; reducing deputy positions; modifying use of carryforward by the legislative auditor; continuing the employee salary freeze; requiring a job classification consolidation and report; requiring a request for proposals for system to enhance the state's audit and collection activities; requiring dependent eligibility verification audit services for state hospital, medical, and dental services; consolidating information technology services; implementing the federal E-Verify program; requiring request for proposals for recommendations for efficiencies in strategic sourcing; requiring studies; appropriating money; amending Minnesota Statutes 2010, sections 3.85, subdivision 3; 6.48; 15.06, subdivision 8; 16A.10, subdivisions 1a, 1b, 1c; 16A.103, subdivision 1a; 16A.11, subdivision 3; 16A.28, subdivision 3; 16B.03; 16B.99; 16C.08, subdivision 2; 16C.09; 16E.14, by adding a subdivision; 37.06; 43A.08, subdivision 1; 43A.20; 45.013; 84.01, subdivision 3; 116.03, subdivision 1; 116J.01, subdivision 5; 116J.035, subdivision 4; 174.02, subdivision 2; 241.01, subdivision 2; Laws 2010, chapter 215, article 6, section 4; Laws 2010, chapter 361, article 3, section 8; proposing coding for new law in Minnesota Statutes, chapters 15; 15B; 16A; 16C; 16D; 16E; 43A; proposing coding for new law as Minnesota Statutes, chapter 3D; repealing Minnesota Statutes 2010, sections 16C.085; 43A.047; 179A.23; 197.585, subdivision 5."
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Ways and Means.
The
report was adopted.
Cornish from the Committee on Public Safety and Crime Prevention Policy and Finance to which was referred:
H. F. No. 853, A bill for an act relating to public safety; appropriating money for the toll-free hotline for human trafficking victims.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
APPROPRIATIONS
Section 1. SUMMARY OF APPROPRIATIONS.
The amounts shown in this section summarize direct appropriations, by fund, made in this article.
2011 2012 2013 Total
General $1,226,000 $527,250,000 $513,492,000 $1,041,968,000
State Government Special Revenue 72,651,000 70,036,000 142,687,000
Environmental 69,000 69,000 138,000
Special Revenue 11,674,000 11,674,000 23,348,000
Trunk Highway 1,941,000 1,941,000 3,882,000
Total $1,226,000 $613,585,000 $597,212,000 $1,212,023,000
Sec. 2. PUBLIC SAFETY APPROPRIATIONS.
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this article. The
appropriations are from the general fund, or another named fund, and are
available for the fiscal years indicated for each purpose. The figures "2012" and
"2013" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2012, or June 30, 2013,
respectively. "The first year"
is fiscal year 2012. "The second
year" is fiscal year 2013.
"The biennium" is fiscal years 2012 and 2013. Appropriations for the fiscal year ending
June 30, 2011, are effective the day following final enactment.
APPROPRIATIONS
Available for the Year
Ending June 30
2011 2012 2013
Sec. 3. PUBLIC
SAFETY
Subdivision 1. Total
Appropriation $1,226,000 $153,340,000 $150,725,000
Appropriations
by Fund
2011 2012 2013
General 1,226,000 71,665,000 71,665,000
Special Revenue 7,014,000 7,014,000
State Government
Special Revenue 72,651,000 70,036,000
Environmental 69,000 69,000
Trunk Highway 1,941,000 1,941,000
The amounts that may be
spent for each purpose are specified in the following subdivisions.
Subd. 2. Emergency
Management 1,226,000 2,525,000 2,525,000
Appropriations
by Fund
General 1,226,000 1,852,000 1,852,000
Special Revenue 604,000 604,000
Environmental 69,000 69,000
(a) Disaster Match. $1,226,000
in fiscal year 2011 is appropriated from the general fund to provide a state
match for Federal Emergency Management Agency (FEMA) disaster assistance to
state agencies and political subdivisions under Minnesota Statutes, section
12.221, in the area designated under Presidential Declaration of Major
Disaster, FEMA-1830-DR, for the flooding in Minnesota in the spring of 2009, whether
included in the original declaration or added later by federal government
action. This is a onetime
appropriation. This appropriation is
available until expended.
(b) Hazmat and Chemical Assessment Teams. $604,000 each year is appropriated
from the fire safety account in the special revenue fund. These amounts must be used to fund the
hazardous materials and chemical assessment teams.
Subd. 3. Criminal
Apprehension 41,887,000 41,887,000
Appropriations
by Fund
General 39,939,000 39,939,000
State Government
Special Revenue 7,000 7,000
Trunk Highway 1,941,000 1,941,000
DWI Lab Analysis; Trunk Highway Fund. Notwithstanding Minnesota
Statutes, section 161.20, subdivision 3, $1,941,000 each year is appropriated
from the trunk highway fund for laboratory analysis related to driving while
impaired cases.
Subd. 4. Fire
Marshal 5,757,000 5,757,000
This appropriation is from
the fire safety account in the special revenue fund and is for activities under
Minnesota Statutes, section 299F.012.
Subd. 5. Alcohol
and Gambling Enforcement 2,236,000 2,236,000
Appropriations
by Fund
General 1,583,000 1,583,000
Special Revenue 653,000 653,000
This appropriation is from
the alcohol enforcement account in the special revenue fund. Of this appropriation, $500,000 each year
shall be transferred to the general fund.
The transfer amount for fiscal year 2014 and fiscal year 2015 shall be
$500,000 per year.
Subd. 6. Office
of Justice Programs 28,387,000 28,387,000
Appropriations
by Fund
General 28,291,000 28,291,000
State Government
Special Revenue 96,000 96,000
(a) Domestic Abuse Shelters. The
commissioner may not reduce grants to domestic abuse shelters more than 11
percent from the base.
(b) Administration Costs. Up
to 2.5 percent of the grant money appropriated in this subdivision may be used
to administer the grant program.
Subd. 7. Emergency
Communication Networks 72,548,000 69,933,000
This appropriation is from
the state government special revenue fund for 911 emergency telecommunications
services.
(a) Public Safety Answering Points.
$13,664,000 each year is to be distributed as provided in
Minnesota Statutes, section 403.113, subdivision 2.
(b) Medical Resource Communication Centers. $683,000 each year is for grants to the Minnesota
Emergency Medical Services Regulatory Board for the Metro East and Metro West
Medical Resource Communication Centers that were in operation before January 1,
2000.
(c) ARMER Debt Service. $23,261,000
each year is to the commissioner of management and budget to pay debt service
on revenue bonds issued under Minnesota Statutes, section 403.275.
Any portion of this
appropriation not needed to pay debt service in a fiscal year may be used by
the commissioner of public safety to pay cash for any of the capital
improvements for which bond proceeds were appropriated by Laws 2005, chapter
136, article 1, section 9, subdivision 8, or Laws 2007, chapter 54, article 1,
section 10, subdivision 8.
(d) Metropolitan Council Debt Service. $1,410,000 each year is to the
commissioner of management and budget for payment to the Metropolitan Council
for debt service on bonds issued under Minnesota Statutes, section 403.27.
(e) ARMER State Backbone Operating Costs. $8,300,000 the first year and
$8,650,000 the second year are to the commissioner of transportation for costs
of maintaining and operating the statewide radio system backbone.
(f) ARMER Improvements. $1,000,000
each year is for the Statewide Radio Board for costs of design, construction,
maintenance of, and improvements to those elements of the statewide public
safety radio and communication system that support mutual aid communications
and emergency medical services or provide enhancement of public safety
communication interoperability.
(g) Transfer. $2,600,000
each year is transferred to the general fund.
This is a onetime transfer.
Sec. 4. PEACE
OFFICER STANDARDS AND TRAINING (POST) BOARD $3,770,000 $3,770,000
(a) Excess Amounts Transferred.
This appropriation is from the peace officer training account in
the special revenue fund. Any new
receipts credited to that account in the first year in excess of $3,770,000
must be transferred and credited to the general fund. Any new receipts credited to that account in
the second year in excess of $3,770,000 must be transferred and credited to the
general fund.
(b) Peace Officer Training Reimbursements. $2,634,000 each year is for
reimbursements to local governments for peace officer training costs.
Sec. 5. PRIVATE
DETECTIVE BOARD $120,000 $120,000
Sec. 6. HUMAN
RIGHTS $1,170,000 $1,170,000
Mission Priority. The commissioner shall dedicate the department's
appropriation under this section to enforcement measures.
Sec. 7. DEPARTMENT
OF CORRECTIONS
Subdivision 1. Total
Appropriation $455,185,000 $441,427,000
Appropriations
by Fund
General 454,295,000 440,537,000
Special Revenue 890,000 890,000
The amounts that may be
spent for each purpose are specified in the following subdivisions.
Subd. 2. Correctional
Institutions 325,759,000 312,001,000
Appropriations
by Fund
General 325,179,000 311,421,000
Special Revenue 580,000 580,000
(a) Position Reductions. The
commissioner shall realize the cuts to correctional institutions by eliminating
management positions within the department's facilities, particularly duplicate
positions. The commissioner may not
eliminate line officer positions. The
commissioner shall focus the reductions in areas that will not compromise line
officer or public safety.
(b) Inmate Medical Cost Savings; Report. The commissioner shall reduce the
inmate medical per diem by at least five percent. By January 15, 2012, the commissioner shall
submit a report to the chairs and ranking minority members of the house of
representatives and senate committees with jurisdiction over public safety
finance detailing how the commissioner achieved the cost savings. If the commissioner fails to realize five
percent savings on inmate medical costs, the report shall contain a detailed
explanation of why the savings were not realized.
(c) Juvenile Facilities; Report.
By December 1, 2011, the commissioner of corrections shall report
to the chairs and ranking minority members of the house of representatives and
senate committees with jurisdiction over public safety finance on the continued
operation of the department's two juvenile facilities. In the report, the commissioner shall
evaluate the cost savings to the department and state of closing one or both of
the facilities. If the commissioner
determines one or both of the facilities should remain open, the commissioner
shall make recommendations on how to operate the facilities in the most
cost-effective manner possible. If the
commissioner recommends the closing of one or both of the juvenile facilities,
the report shall contain recommendations for alternative placements for
juvenile offenders and alternative uses for the facilities.
(d) Reform Working Group; Report.
(1) The commissioner of corrections shall form a working group to
study the following topics:
(i) adoption of an earned
credit program for inmates in the state correctional facilities similar to the
programs in 36 other states;
(ii) the federal immigration
and customs enforcement rapid REPAT program and the potential for the state to
participate in the program;
(iii)
expanding the use of medical and other forms of early release; and
(iv) the feasibility of
closing a wing or an entire state facility or leasing vacant prison space to
house inmates from other states.
(2) The working group shall consist
of corrections personnel, the state public defender, an individual representing
victim services, a representative from the county attorneys association, a
majority and minority member of the house Public Safety Committee and a
majority and minority member of the senate Judiciary and Public Safety
Committee, and any other members that the commissioner deems necessary.
(3) The working group shall
issue a report to the chair and ranking minority member of the house Public
Safety Finance and Policy Committee and the chair and ranking minority member
of the senate Judiciary and Public Safety Committee by January 15, 2012. The report must contain recommendations for
each of the areas of study under paragraph (1) and specific recommendations
concerning the use of earned credits for inmates that address:
(i) the feasibility of an
earned credit policy;
(ii) the type and amount of
earned credit that could be offered;
(iii) the type of inmates to
include and exclude from an earned credit program; and
(iv) any potential cost
savings that would result from issuing earned credit.
Subd. 3. Community
Services 109,082,000 109,082,000
Appropriations
by Fund
General 108,982,000 108,982,000
Special Revenue 100,000 100,000
Probation Revocation Reform; Report. The commissioner of
corrections, in consultation with staff of the Sentencing Guidelines Commission
and representatives from community corrections agencies, shall develop
performance incentives for counties to reduce the number of probation revocations
by at least ten percent. The
commissioner is encouraged to review policies in states that have implemented
performance incentive programs. The
commissioner shall also examine and consider:
(1) the revocation rate
differences between counties;
(2) granting earned
compliance credits for offenders on probation;
(3) recent innovations in
probation services, such as the HOPE program and the Georgia model, to
determine the feasibility of implementing similar programs in Minnesota;
(4) limiting prison time for
first time probation revocations; and
(5) the impact of adopting
one, unified probation and supervised release delivery system in the state.
The commissioner shall
submit a report to the chairs and ranking minority members of the house of
representatives and senate committees with
jurisdiction over public safety finance by January 15, 2012.
Subd. 4. Operations
Support 20,344,000 20,344,000
Appropriations
by Fund
General 20,134,000 20,134,000
Special Revenue 210,000 210,000
Position Reductions. At least 50 percent of the reductions in operations
support must come from the elimination of, or reduction in benefits for,
management positions. The commissioner
shall focus the reductions in areas such as information technology, finance,
and other areas that will not compromise line officer or public safety. The commissioner shall also work to eliminate
positions that duplicate the duties of other department employees.
Subd. 5. Transfers
(a) MINNCOR. Notwithstanding
Minnesota Statutes, section 241.27, the commissioner of management and budget
shall transfer $600,000 the first year and $600,000 the second year from the
Minnesota correctional industries revolving fund to the general fund. These are onetime transfers.
(b) Various Special Revenue Accounts. Notwithstanding any law to the
contrary, the commissioner of management and budget shall transfer $400,000 the
first year and $400,000 the second year from the Department of Corrections'
special revenue accounts to the general fund.
These are onetime transfers. The
commissioner of corrections shall adjust expenditures to stay within the
remaining revenues.
ARTICLE 2
POLICY
Section 1. Minnesota Statutes 2010, section 243.212, is
amended to read:
243.212 CO-PAYMENTS FOR HEALTH SERVICES.
Any inmate of an adult
correctional facility under the control of the commissioner of corrections
shall incur co-payment obligations for health care services provided. The co-payment shall be at least $5 per
visit to a health care provider. The
co-payment will be paid from the inmate account of earnings and other funds, as
provided in section 243.23, subdivision 3.
The funds paid under this subdivision are appropriated to the
commissioner of corrections for the delivery of health care services to
inmates.
EFFECTIVE DATE. This section is effective July 1, 2011.
Sec. 2. Minnesota Statutes 2010, section 297I.06,
subdivision 3, is amended to read:
Subd. 3. Fire
safety account, annual transfers, allocation.
A special account, to be known as the fire safety account, is
created in the state treasury. The
account consists of the proceeds under subdivisions 1 and 2. $468,000 in fiscal year 2008, $4,268,000 in
fiscal year 2009, $9,268,000 in fiscal year 2010, $5,968,000 in fiscal year
2011,
$6,618,000 in fiscal year
2012, $6,618,000 in fiscal year 2013, and $2,368,000 in each year thereafter is transferred
from the fire safety account in the special revenue fund to the general fund to
offset the loss of revenue caused by the repeal of the one-half of one percent
tax on fire insurance premiums.
Sec. 3. Minnesota Statutes 2010, section 363A.06,
subdivision 1, is amended to read:
Subdivision 1. Formulation
of policies. (a) The commissioner
shall formulate policies to effectuate the purposes of this chapter and shall
do the following:
(1) exercise leadership under
the direction of the governor in the development of human rights policies and
programs, and make recommendations to the governor and the legislature for
their consideration and implementation;
(2) establish and maintain
a principal office in St. Paul, and any other necessary branch offices at
any location within the state;
(3) meet and function at any
place within the state;
(4) (3) employ attorneys,
clerks, and other employees and agents as the commissioner may deem necessary
and prescribe their duties;
(5) (4) to the extent
permitted by federal law and regulation, utilize the records of the Department
of Employment and Economic Development of the state when necessary to
effectuate the purposes of this chapter;
(6) (5) obtain upon
request and utilize the services of all state governmental departments and
agencies;
(7) (6) adopt suitable
rules for effectuating the purposes of this chapter;
(8) (7) issue complaints,
receive and investigate charges alleging unfair discriminatory practices, and
determine whether or not probable cause exists for hearing;
(9) (8) subpoena
witnesses, administer oaths, take testimony, and require the production for
examination of any books or papers relative to any matter under investigation
or in question as the commissioner deems appropriate to carry out the purposes
of this chapter;
(10) (9) attempt, by means
of education, conference, conciliation, and persuasion to eliminate
unfair discriminatory practices as being contrary to the public policy of the
state;
(11) develop and conduct
programs of formal and informal education designed to eliminate discrimination
and intergroup conflict by use of educational techniques and programs the
commissioner deems necessary;
(12) (10) make a written
report of the activities of the commissioner to the governor each year;
(13) (11) accept gifts,
bequests, grants, or other payments public and private to help finance the
activities of the department;
(14) (12) create such
local and statewide advisory committees as will in the commissioner's judgment
aid in effectuating the purposes of the Department of Human Rights;
(15) develop such programs as
will aid in determining the compliance throughout the state with the provisions
of this chapter, and in the furtherance of such duties, conduct research and
study discriminatory practices based upon race, color, creed, religion,
national origin, sex, age, disability, marital status, status with regard to
public assistance,
familial status, sexual
orientation, or other factors and develop accurate data on the nature and
extent of discrimination and other matters as they may affect housing,
employment, public accommodations, schools, and other areas of public life;
(16) (13) develop and
disseminate technical assistance to persons subject to the provisions of this
chapter, and to agencies and officers of governmental and private agencies;
(17) (14) provide staff
services to such advisory committees as may be created in aid of the functions
of the Department of Human Rights;
(18) (15) make grants in
aid to the extent that appropriations are made available for that purpose in
aid of carrying out duties and responsibilities; and
(19) (16) cooperate and
consult with the commissioner of labor and industry regarding the investigation
of violations of, and resolution of complaints regarding section 363A.08,
subdivision 7. The commissioner may
use nonstate funds to develop and conduct programs of formal and informal
education designed to eliminate discrimination and further compliance with this
chapter.
In performing these duties,
the commissioner shall give priority to those duties in clauses (7), (8),
and (9), and (10) and to the duties in section 363A.36.
(b) All gifts, bequests,
grants, or other payments, public and private, accepted under paragraph (a),
clause (13) (11), must be deposited in the state treasury and
credited to a special account. Money in
the account is appropriated to the commissioner of human rights to help finance
activities of the department.
EFFECTIVE DATE. This section is effective July 1, 2011.
Sec. 4. Minnesota Statutes 2010, section 363A.36,
subdivision 1, is amended to read:
Subdivision 1. Scope
of application. (a) For all
contracts for goods and services in excess of $100,000 $250,000,
no department or agency of the state shall accept any bid or proposal for a
contract or agreement from any business having more than 40 50
full-time employees within this state on a single working day during the
previous 12 months, unless the commissioner is in receipt of the business'
affirmative action plan for the employment of minority persons, women, and
qualified disabled individuals. No
department or agency of the state shall execute any such contract or agreement
until the affirmative action plan has been approved by the commissioner. Receipt of a certificate of compliance issued
by the commissioner shall signify that a firm or business has an affirmative
action plan that has been approved by the commissioner. A certificate shall be valid for a period of two
five years. A municipality as
defined in section 466.01, subdivision 1, that receives state money for any
reason is encouraged to prepare and implement an affirmative action plan for
the employment of minority persons, women, and the qualified disabled and
submit the plan to the commissioner.
(b) This paragraph applies to
a contract for goods or services in excess of $100,000 $250,000
to be entered into between a department or agency of the state and a business
that is not subject to paragraph (a), but that has more than 40 50
full-time employees on a single working day during the previous 12 months in
the state where the business has its primary place of business. A department or agency of the state may not
execute a contract or agreement with a business covered by this paragraph
unless the business has a certificate of compliance issued by the commissioner
under paragraph (a) or the business certifies that it is in compliance with
federal affirmative action requirements.
(c) This section does not
apply to contracts entered into by the State Board of Investment for investment
options under section 352.965, subdivision 4.
EFFECTIVE DATE. This section is effective July 1, 2011.
Sec. 5. Minnesota Statutes 2010, section 609.105,
subdivision 1, is amended to read:
Subdivision 1. Sentence
to more than one year 60 days or less. In a felony sentence to
imprisonment for more than one year shall commit, when the remaining
term of imprisonment is for 60 days or less, the defendant shall be committed
to the custody of the commissioner of corrections and must serve the
remaining term of imprisonment at a workhouse, work farm, county jail, or other
place authorized by law.
EFFECTIVE DATE. This section is effective July 1, 2011.
Sec. 6. Minnesota Statutes 2010, section 609.105, is
amended by adding a subdivision to read:
Subd. 1c. Sentence
to more than 60 days. A
felony sentence to imprisonment when the warrant of commitment has a remaining
term of imprisonment for more than 60 days shall commit the defendant to the
custody of the commissioner of corrections.
EFFECTIVE DATE. This section is effective July 1, 2011.
Sec. 7. Minnesota Statutes 2010, section 609.105, is
amended by adding a subdivision to read:
Subd. 4. Definitions. (a) For the purposes of this section,
the terms in this subdivision have the meanings given them.
(b)
"Remaining term of imprisonment" as applied to inmates whose crimes
were committed before August 1, 1993, is the period of time for which an inmate is
committed to the custody of the commissioner of corrections minus earned good
time and jail credit, if any.
(c)
"Remaining term of imprisonment" as applied to inmates whose crimes
were committed on or after August 1, 1993, is the period of time equal to two-thirds of the
inmate's executed sentence, minus jail credit, if any.
EFFECTIVE DATE. This section is effective July 1, 2011.
Sec. 8. [609.3458]
INDETERMINATE SENTENCE FOR PREDATORY SEX OFFENDERS.
Subdivision 1. Definitions. As used in this section:
(1) "sex offense"
means a violation of section 609.342, 609.343, 609.344, or 609.345;
(2) "predatory sex
offender" means a person who:
(i) is unable to control the
person's sexual impulses;
(ii) is dangerous to other
persons; and
(iii) has a pattern of
harmful sexual conduct; and
(3) "harmful sexual
conduct" means sexual conduct that creates a substantial likelihood of
serious physical or emotional harm to another.
Subd. 2. Applicability. A prosecuting attorney may charge a
person under this section when probable cause exists that the person:
(1) committed a sex offense;
and
(2) is a predatory sex
offender.
Subd. 3. Procedures. A person subject to prosecution under
this section shall have a bifurcated trial.
The first phase of the trial shall determine the person's guilt on the
sex offense charge. If the person is
found guilty of the sex offense, the second phase of the trial shall determine
whether the person is a predatory sex offender.
In both phases of the trial, the burden of proof is on the state and the
standard of proof is beyond a reasonable doubt.
A person charged under this section has all of the rights of a criminal
defendant in both phases of the trial.
Subd. 4. Indeterminate
sentence; minimum and maximum term specified. (a) A person convicted of a sex
offense who has been found by the fact finder to be a predatory sex offender
shall be committed to the custody of the commissioner of corrections for the
term required by paragraph (b).
(b) The minimum sentence of
incarceration for offenders sentenced under paragraph (a) shall be twice the
presumptive sentence under the sentencing guidelines for a person with the
offender's criminal history. When the sentencing
guidelines presume a stayed sentence for the sex offense, the court shall
specify a minimum sentence.
Notwithstanding any law to the contrary and the statutory maximum
sentence for the offense, the maximum sentence is 60 years.
(c) A person sentenced under
this section and subsequently released shall be placed on conditional release
as provided for in subdivision 9.
(d) Notwithstanding section
609.135, the court may not stay the imposition or execution of the sentence
required by this subdivision. An
offender committed to the custody of the commissioner of corrections under this
section may not be released from incarceration except as provided in this
section and section 244.05, subdivision 8.
Subd. 5. Sentence
of persons not found to be predatory sex offenders. If the person is convicted of the sex
offense but is not determined to be a predatory sex offender, the court shall
sentence the offender as otherwise provided by law.
Subd. 6. Release
authority. The commissioner
of corrections, under rules adopted by the commissioner, may grant supervised
release to offenders sentenced under this section.
Subd. 7. Petition
for release, hearing. (a) A
person who has served the minimum period of incarceration to which the person
was sentenced may petition the commissioner of corrections for release. The commissioner shall hold a hearing on each
petition for release prior to making any determination. Within 45 days of the hearing, the
commissioner shall give written notice of the time and place of the hearing to
all interested parties, including the petitioner, the sentencing court, the
county attorney's office that prosecuted the case, and any victims of the crime
who requested notification. The hearing
must be held on the record. Upon the
approval of the commissioner, the petitioner may subpoena witnesses to appear
at the hearing.
(b) If the commissioner
determines the person satisfies the criteria for conditional release, the
commissioner shall release the person from incarceration no later than 14 days
after making a determination.
(c) If the commissioner
rejects the person's petition for release, the commissioner must specify in
writing the reasons for the rejection.
The person may not petition for release again until 24 months have
elapsed since the rejection, unless the commissioner specifies a shorter time
period.
Subd. 8. Criteria
for release. (a) A person
sentenced under this section shall not be released from incarceration unless it
appears to the satisfaction of the commissioner that the person:
(1) no longer poses a threat
to the public;
(2) is no longer in need of
programming in a secure facility; and
(3) is capable of
reintegration with the general public.
(b) The person seeking
release has the burden of showing, by clear and convincing evidence, that the
criteria in paragraph (a) have been met.
Subd. 9. Conditional
release. (a) A person
sentenced under this section shall serve, upon release from incarceration, a
conditional release term. The
conditional release term shall be the 60-year maximum term under this section
less the amount of time actually served, but the term cannot be less than ten
years.
(b) The commissioner of
corrections shall establish the conditions of release for a person granted
conditional release.
(c) The county attorney in
the county where the conviction occurred, the person's conditional release
agent, or any other interested party may file a petition with the court
alleging that the person failed to satisfy any condition of release. If the court determines that a person has
violated a condition of release, the court may order an appropriate sanction,
including, but not limited to, incarcerating the person for a period specified
by the court in a local or state correctional facility. The period may be of any duration up to the
remainder of time left in the person's conditional release term.
EFFECTIVE DATE. This
section is effective July 1, 2013, and applies to crimes committed on or after
that date.
Sec. 9. Minnesota Statutes 2010, section 626.8458,
subdivision 5, is amended to read:
Subd. 5. In-service
training in police pursuits required. The
chief law enforcement officer of every state and local law enforcement agency
shall provide in-service training in emergency vehicle operations and in the
conduct of police pursuits to every peace officer and part-time peace officer
employed by the agency who the chief law enforcement officer determines may be
involved in a police pursuit given the officer's responsibilities. The training shall comply with learning
objectives developed and approved by the board and shall consist of at least
eight hours of classroom and skills-based training every four five
years.
Sec. 10. Minnesota Statutes 2010, section 641.15,
subdivision 2, is amended to read:
Subd. 2. Medical
aid. Except as provided in section
466.101, the county board shall pay the costs of medical services provided to
prisoners pursuant to this section.
The amount paid by the Anoka county board for a medical service
shall not exceed the maximum allowed medical assistance payment rate for the
service, as determined by the commissioner of human services. For all other counties, In the absence of a health or medical
insurance or health plan that has a contractual obligation with the provider or
the prisoner, medical providers shall charge no higher than the rate
negotiated between the county and the provider.
In the absence of an agreement between the county and the provider, the
provider may not charge no more than the discounted rate the provider
has negotiated with the nongovernmental third-party payer that provided the
most revenue to the provider during the previous calendar year an amount
that exceeds the maximum allowed medical assistance payment rate for the
service, as determined by the commissioner of human services. The county is entitled to reimbursement from
the prisoner for payment of medical bills to the extent that the prisoner to
whom the medical aid was provided has the ability to pay the bills. The prisoner shall, at a minimum, incur
co-payment obligations for health care services provided by a county
correctional facility. The county board
shall determine the co-payment amount.
Notwithstanding any law to the contrary, the co-payment shall be
deducted from any of the prisoner's funds held by the county, to the extent
possible. If there is a disagreement
between the county and a prisoner concerning the prisoner's ability to pay, the
court with jurisdiction over the defendant shall determine the extent, if any,
of the prisoner's ability to pay for the medical services. If a prisoner is covered by health or medical
insurance or other health plan when medical services are provided, the
medical provider shall bill that health or medical insurance or other
plan. If the county providing the
medical services for a prisoner that has coverage under health or medical
insurance or other plan, that county has
a right of subrogation to be
reimbursed by the insurance carrier for all sums spent by it for medical
services to the prisoner that are covered by the policy of insurance or health
plan, in accordance with the benefits, limitations, exclusions, provider
restrictions, and other provisions of the policy or health plan. The county may maintain an action to enforce
this subrogation right. The county does
not have a right of subrogation against the medical assistance program or the
general assistance medical care program.
EFFECTIVE DATE. This section is effective July 1, 2011.
Sec. 11. JUVENILE
JUSTICE REFORM ADVISORY TASK FORCE.
Subdivision 1. Creation;
duties. (a) A task force is
established to study, evaluate, and analyze issues related to juvenile justice
reform. At a minimum, the task force
shall examine the following issues and assess whether and how a change to law,
rule, or practice would best serve public safety, address the needs of juvenile
offenders, and promote cost-efficiency or cost-savings in the juvenile justice
system:
(1) the purpose and intent
of the delinquency and child protection provisions of the Juvenile Court Act;
(2) the age at which a juvenile
who is alleged of committing a felony may be certified as an adult or
prosecuted as an extended jurisdiction juvenile;
(3) the minimum age at which
a juvenile may be prosecuted for committing a delinquent act or a petty
juvenile offense;
(4) the age at which the
juvenile court's jurisdiction over the following individuals should
terminate: delinquent children, juvenile
petty offenders, and extended jurisdiction juveniles;
(5) laws relating to
juvenile records, including data classifications, retention periods,
expungement provisions, effect on future juvenile and adult sentencing, and
restrictions on the release of records by different agencies and the courts;
(6) laws which prevent youth
involved with the CHIPs, juvenile justice, or adult court systems from later
being employed in various jobs;
(7) laws relating to
continuances and stays of adjudication in juvenile delinquency cases, including
length of continuance or stay, extensions, collateral consequences, and
disposition of such cases; and
(8) laws relating to
diversion in juvenile cases, including eligibility, program components, and
diversion alternatives.
(b) In addition, the task
force shall:
(1) identify the types of
dispositions, including treatment and counseling, that have been most and least
successful in reforming and treating juvenile offenders and in deterring
juvenile offenders from committing specific crimes; and
(2) identify the types of
dispositions, including treatment and counseling, that have been the most and
least cost-effective in reforming, treating, and deterring juvenile offenders.
(c) In its evaluation and
analysis, the task force shall consider approaches taken by other states in
these areas and may examine other issues that the task force or commissioner of
corrections finds relevant.
Subd. 2. Membership. The task force consists of the
following members:
(1) the commissioner of
corrections, or the commissioner's designee;
(2) the commissioner of
public safety, or the commissioner's designee;
(3) the commissioner of
human services, or the commissioner's designee;
(4) the chairs and ranking
minority members of the house of representatives and senate committees having
jurisdiction over criminal justice policy, or their designees;
(5) a county attorney selected
by the Minnesota County Attorneys Association;
(6) a representative from
the Board of Public Defense, selected by that board;
(7) a representative of the
Minnesota Chiefs of Police Association;
(8) a representative of the
Minnesota Sheriffs Association;
(9) a juvenile probation
officer selected by the commissioner of corrections;
(10) a member of the
Juvenile Justice Advisory Committee, selected by that committee;
(11) a member of the
Juvenile Justice Coalition, selected by that coalition; and
(12) a law professor who is
knowledgeable in juvenile justice issues, selected by the commissioner of
corrections.
Subd. 3. Meetings. The commissioner of corrections, or
the commissioner's designee, shall convene the initial meeting of the task
force. The members of the task force
must elect a chair or co-chairs at the initial meeting. The task force shall meet sufficiently enough
to accomplish the tasks identified in this section.
Subd. 4. Terms;
compensation; removal; vacancies. The
expiration, membership terms, removal of members, and filling of vacancies on
the task force shall be as provided in Minnesota Statutes, section 15.059. Members shall serve without compensation and
expense reimbursement. The task force
expires June 30, 2012.
Subd. 5. Report. By January 15, 2012, the task force
shall submit its report, including any proposed legislative changes, to the
chairs and ranking minority members of the house of representatives and senate
committees with jurisdiction over criminal justice policy and funding.
EFFECTIVE DATE. This section is effective the day following final
enactment.
Sec. 12. SEX
OFFENDER POLICY TASK FORCE.
Subdivision 1. Creation;
duties. (a) A task force is
established to study, evaluate, and analyze issues related to sex
offenders. At a minimum, the task force
shall examine and make recommendations on the following issues:
(1) sex
offender sentencing, including expanded use of indeterminate sentencing and
implementation of section 8;
(2) sex offender treatment,
both in prison and in the community;
(3) sex offender civil
commitment, including less costly alternatives;
(4) the effectiveness in cost
and outcomes of the Minnesota sex offender program;
(5) best practices for
supervising sex offenders such as intensive supervised release, specialized
caseloads, and other innovative methods; ideal caseload sizes for supervising
agents; and methods to implement this in a manner that does not negatively
impact the supervision of other types of offenders;
(6) sex offender community
notification and registration, including the effectiveness of posting offender
information on the Internet; and
(7) any other issues related
to sex offender management and treatment that the task force deems appropriate.
(b) In its evaluation and
analysis, the task force shall consider approaches taken by other states in the
areas in paragraph (a).
Subd. 2. Membership. The task force consists of the
following members:
(1) the commissioner of
public safety, or the commissioner's designee;
(2) the commissioner of
corrections, or the commissioner's designee;
(3) the commissioner of human
services, or the commissioner's designee;
(4) the chairs and ranking
minority members of the house of representatives and senate committees having
jurisdiction over public safety finance and human services finance, or their
designees;
(5) a county attorney,
selected by the Minnesota County Attorneys Association;
(6) one representative from
the Board of Public Defense, selected by that board;
(7) a representative of the
Minnesota Chiefs of Police Association;
(8) a representative of the
Minnesota Sheriffs Association;
(9) a probation officer,
selected by the commissioner of corrections; and
(10) a sex offender treatment
provider who is privately employed, selected by the commissioner of human
services.
Subd. 3. Meetings. The commissioner of public safety, or
the commissioner's designee, shall convene the initial meeting of the task
force and serve as the chair. The task
force shall meet sufficiently enough to accomplish the tasks identified in this
section.
Subd. 4. Terms;
compensation; removal; vacancies. The
expiration, membership terms, removal of members, and filling of vacancies on
the task force shall be as provided in Minnesota Statutes, section 15.059. Members shall serve without compensation and
expense reimbursement. The task force
expires June 30, 2012.
Subd. 5. Report. By January 15, 2012, the task force
shall submit its report, including any proposed legislative changes, to the
chairs and ranking minority members of the house of representatives and senate
committees with jurisdiction over public safety policy and finance and human
services policy and finance.
EFFECTIVE DATE. This section is effective the day following final
enactment.
Sec. 13. ACQUISITION
OF EASEMENT; MINNESOTA CORRECTIONAL FACILITY IN FARIBAULT.
Notwithstanding Minnesota
Statutes, section 16B.31, subdivision 5, the commissioner of administration may
acquire an easement for utility and access purposes to serve the Minnesota
correctional facility in the city of Faribault by any of the acquisition
methods permitted by that subdivision even in the absence of a specific
appropriation to the commissioner to acquire the easement.
Sec. 14. REPEALER.
Minnesota Statutes 2010,
section 363A.36, subdivision 5, is repealed.
EFFECTIVE DATE. This section is effective July 1, 2011.
ARTICLE 3
CORRECTIONAL STATE EMPLOYEES
RETIREMENT PLAN I
Section 1. Minnesota Statutes 2010, section 352.90, is
amended to read:
352.90 POLICY.
It is the policy of the
legislature to provide special retirement benefits for and special
contributions by certain correctional employees who may be required to retire
at an early age because they lose the mental or physical capacity required to
maintain the safety, security, discipline, and custody of inmates at state
correctional facilities or, of patients at the Minnesota Security
Hospital, or of patients in the Minnesota sex offender program, or of
patients in the Minnesota extended treatment options program.
Sec. 2. Minnesota Statutes 2010, section 352.91,
subdivision 1, is amended to read:
Subdivision 1. Qualifying
jobs. "Covered correctional
service" means service performed by a state employee, as defined in
section 352.01, who is employed at a state correctional facility, the
Minnesota Security Hospital, or the Minnesota sex offender program as:
(1) a corrections officer 1;
(2) a corrections officer 2;
(3) a corrections officer 3;
(4) a corrections officer
supervisor;
(5) (4) a corrections lieutenant;
(6) (5) a corrections
captain;
(7) (6) a security
counselor;
(8) (7) a security
counselor lead; or
(9) (8) a corrections
canine officer.;
(9) a group supervisor; or
(10) a group supervisor
assistant.
Sec. 3. Minnesota Statutes 2010, section 352.91,
subdivision 3h, is amended to read:
Subd. 3h. Employment
occupation name changes. (a) If the
occupational title of a state employee covered by the Minnesota correctional
employees retirement plan changes from the applicable title listed in
subdivision 1, 2, 2a, 3c, 3d, 3e, 3f, or 3g, qualification for coverage
by the correctional state employees retirement plan continues until the July 1
next following the title change if the commissioner of management and budget
certifies to the executive director of the Minnesota State Retirement System
and to the executive director of the Legislative Commission on Pensions and
Retirement that the duties, requirements, and responsibilities of the new
occupational title are substantially identical to the duties, requirements, and
responsibilities of the prior occupational title.
(b) If the commissioner of
management and budget does not certify a new occupational title under paragraph
(a), eligibility for future correctional state employees retirement coverage
terminates as of the start of the first payroll period next following the
effective date of the occupational title change.
(c) For consideration by the
Legislative Commission on Pensions and Retirement during the legislative
session next following an occupational title change involving a state employee
in covered correctional service, the commissioner of management and budget
shall submit the applicable draft proposed legislation reflecting the
occupational title change covered by this section.
Sec. 4. MODIFICATION
IN CERTAIN POSTRETIREMENT EMPLOYER-PAID HEALTH INSURANCE COVERAGE.
Notwithstanding any provision
to the contrary of any agreement under Minnesota Statutes, chapter 179A, for
any member of the correctional state employees retirement plan of the Minnesota
State Retirement System to be eligible for employer-paid health insurance
coverage after retirement, the person must have at least ten years of covered
correctional service credit under Minnesota Statutes, section 352.91, prior to
the commencement of the retirement annuity under Minnesota Statutes, section
352.93.
Sec. 5. REPEALER.
Minnesota Statutes 2010,
section 352.91, subdivisions 2, 2a, 3c, 3d, 3e, 3f, 3g, 3i, 4a, and 4b, are
repealed."
Delete the title and insert:
"A bill for an act
relating to public safety; requiring inmates to co-pay a set minimum amount for
health care provider visits; reauthorizing certain short-term commitments to
commissioner of corrections be served in county jails; amending human rights
education and program development requirements and certificates of compliance
provisions; providing for indeterminate sentencing for certain convicted sex
offenders; modifying frequency of in-service training in police pursuits;
limiting medical aid payments in county jails; requiring a corrections reform
working group; establishing the Juvenile Justice Reform Advisory Task Force;
establishing the Sex Offender Policy Task Force; acquiring an easement for the
correctional facility in Faribault; revising employment positions covered by
correctional state employees retirement plan; modifying certain correctional
state employee postretirement health insurance coverage; requiring reports;
providing for penalties; appropriating money for public safety, corrections,
and human rights; amending Minnesota Statutes 2010, sections 243.212; 297I.06,
subdivision 3; 352.90; 352.91, subdivisions 1, 3h; 363A.06, subdivision 1;
363A.36, subdivision 1; 609.105, subdivision 1, by adding subdivisions;
626.8458, subdivision 5; 641.15, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapter 609; repealing Minnesota Statutes 2010, sections
352.91, subdivisions 2, 2a, 3c, 3d, 3e, 3f, 3g, 3i, 4a, 4b; 363A.36,
subdivision 5."
With the recommendation that
when so amended the bill pass and be re-referred to the Committee on Ways and
Means.
The report was
adopted.
Holberg from the Committee on Ways and Means to which was referred:
H. F. No. 934, A bill for an act relating to education; providing for policy and funding for family, adult, and prekindergarten through grade 12 education including general education, academic excellence, special education, facilities and technology, nutrition and accounting, libraries, early childhood education, prevention, self-sufficiency and lifelong learning, state agencies, and forecast adjustments; requiring reports; requiring studies; appropriating money; amending Minnesota Statutes 2010, sections 13D.02, by adding a subdivision; 16A.152, subdivision 2; 93.22, subdivision 1; 93.2236; 120A.41; 120B.023, subdivision 2; 120B.07; 120B.30, subdivision 1, by adding a subdivision; 120B.35, subdivision 1; 120B.36, subdivision 1; 122A.40, subdivisions 5, 6, 7, 8, 9, 10, 11, by adding subdivisions; 122A.41, subdivisions 2, 3, 4, 5, 6, 14, by adding a subdivision; 122A.414, subdivisions 1a, 2, 2a, 2b, 4; 122A.416; 122A.60; 122A.61, subdivision 1; 123A.55; 123B.02, subdivision 15; 123B.09, subdivision 8; 123B.143, subdivision 1; 123B.54; 123B.59, subdivision 5; 123B.75, subdivision 5; 124D.15, subdivision 3a; 124D.19, subdivision 3; 124D.531, subdivision 1; 124D.86, subdivision 3; 125A.07; 125A.21, subdivisions 2, 3, 5, 7; 125A.515, by adding a subdivision; 125A.69, subdivision 1; 125A.76, subdivision 1; 125A.79, subdivision 1; 126C.10, subdivisions 1, 2, 2a, 3, 7, 8, 8a, 13a, 14, by adding a subdivision; 126C.126; 126C.20; 126C.40, subdivision 1; 126C.44; 127A.33; 127A.441; 127A.45, subdivision 2; 179A.16, subdivision 1; 179A.18, subdivisions 1, 3; 298.28, subdivisions 2, 4; Laws 2009, chapter 79, article 5, section 60, as amended; Laws 2009, chapter 96, article 1, section 24, subdivisions 2, as amended, 3, 4, as amended, 5, as amended, 6, as amended, 7, as amended; article 2, section 67, subdivisions 2, as amended, 3, as amended, 4, as amended, 6, 9, as amended; article 3, section 21, subdivisions 3, 4, as amended; article 4, section 12, subdivision 6, as amended; article 5, section 13, subdivisions 2, 3, 4, as amended; article 6, section 11, subdivisions 3, as amended, 4, as amended, 8, as amended, 12, as amended; proposing coding for new law in Minnesota Statutes, chapters 120B; 122A; 124D; 179A; proposing coding for new law as Minnesota Statutes, chapter 119C; repealing Minnesota Statutes 2010, sections 122A.61; 123B.05; 123B.59, subdivisions 6, 7; 124D.86, subdivisions 1, 1a, 2, 4, 5, 6; 126C.10, subdivision 5; 127A.46; 129C.10, subdivisions 1, 2, 3, 3a, 4, 6, 7, 8; 129C.105; 129C.15; 129C.20; 129C.25; 129C.26; 179A.18, subdivision 2; Laws 2009, chapter 88, article 12, section 23; Minnesota Rules, parts 3535.0100; 3535.0110; 3535.0120; 3535.0130; 3535.0140; 3535.0150; 3535.0160; 3535.0170; 3535.0180.
Reported the same back with the following amendments:
Page 9, line 3, delete "$5,155" and insert "$5,174"
Page 9, line 4, delete "$5,250" and insert "$5,255"
Page 19, after line 22, insert:
"Sec. 31. SCHOOL
DISTRICT LEVY ADJUSTMENTS.
Subdivision 1. Tax
rate adjustment. The
commissioner of education must adjust each school district tax rate established
under Minnesota Statutes, chapters 120B to 127A, by multiplying the rate by the
ratio of the statewide total tax capacity for assessment year 2010 as it
existed prior to the passage of House File 42, or a similarly styled bill, to
the statewide total tax capacity for assessment year 2010.
Subd. 2. Equalizing
factors. The commissioner of
education must adjust each school district equalizing factor established under
Minnesota Statutes, chapters 120B to 127A, by dividing the equalizing factor by
the ratio of the statewide total tax capacity for assessment year 2010 as it
existed prior to the passage of House File 42, or a similarly styled bill, to
the statewide total tax capacity for assessment year 2010.
EFFECTIVE DATE. This section is effective the day following final enactment."
Page 19, line 29, delete "5,679,712,000" and insert "5,695,383,000"
Page 19, line 30, delete "5,856,213,000" and insert "5,862,929,000"
Page 19, line 31, delete "$4,001,174,000" and insert "$4,016,844,000"
Page 20, line 1, delete "$1,710,662,000" and insert "$1,717,378,000"
Page 74, line 14, delete "licensed center-based"
Page 74, delete lines 15 and 16 and insert "or other public or private preschool program."
Page 74, after line 26, insert:
"Subd. 9. Preschool program. A preschool program means a public or private early childhood program for children ages 3 to 5."
Page 75, line 23, after the period, insert "The commissioner must not mandate or require the use of any specific curriculum, or set standards or indicators that limit a participating program's curricular offerings."
Page 75, after line 26, insert:
"The quality rating system program ratings may reflect a participating program's accreditation."
Page 76, line 10, delete ", in consultation with"
Page 76, line 11, delete "the commissioner of human services,"
Page 76, line 18, delete "child care centers and licensed"
Page 76, delete line 19 and insert "other public and private preschool programs as designated by the commissioner of education; and"
Page 80, line 1, delete "and care"
Page 81, line 22, delete "2,000,000" and insert "5,000,000"
Page 81, line 23, delete "4,000,000" and insert "5,000,000"
Page 81, line 29, delete "This appropriation is available until expended."
Renumber the sections in sequence and correct the internal references
With the recommendation that when so amended the bill pass.
The
report was adopted.
Holberg from the Committee on
Ways and Means to which was referred:
H. F. No. 1010, A bill for an act relating to
state government; appropriating money for environment, natural resources, and
energy; creating accounts; modifying disposition of certain receipts; modifying
responsibilities and authorities; creating an advisory committee; modifying
Petroleum Tank Release Cleanup Act; modifying cooperative electric association
petition provisions; repealing definitions and requirements; requiring
rulemaking on wild rice standards; amending Minnesota Statutes 2010, sections
85.052, subdivision 4; 89.21; 97A.055, by adding a subdivision; 97A.071,
subdivision 2; 97A.075; 103G.271, subdivision 6; 103G.301, subdivision 2;
115A.1314; 115A.1320, subdivision 1; 115C.09, subdivision 3c; 115C.13; 116.07,
subdivision 4h; 116P.04, by adding a subdivision; 116P.05, subdivision 2;
127A.31; 216B.026, subdivision 1; 290.431; 290.432; 357.021, subdivision 7;
proposing coding for new law in Minnesota Statutes, chapters 16E; 84; 89; 97A;
103G; repealing Minnesota Statutes 2010, sections 84.02, subdivisions 1, 2, 3,
4, 5, 6, 7, 8; 84.027, subdivision 11; 116P.09, subdivision 4; 116P.14.
Reported the same back with the
following amendments:
Page 33, after line 22, insert:
"Sec. 12. Minnesota
Statutes 2010, section 103G.615, subdivision 2, is amended to read:
Subd. 2. Fees.
(a) The commissioner shall establish a fee schedule for permits to
control or harvest aquatic plants other than wild rice. The fees must be set by rule, and section
16A.1283 does not apply, but the rule must not take effect until 45
legislative days after it has been reported to the legislature. The fees shall be may not exceed
$750 per permit based upon the cost of receiving, processing, analyzing,
and issuing the permit, and additional costs incurred after the application to
inspect and monitor the activities authorized by the permit, and enforce
aquatic plant management rules and permit requirements.
(b) A The fee for a permit for the control of
rooted aquatic vegetation is $35 for each contiguous parcel of shoreline
owned by an owner may be charged.
This fee may not be charged for permits issued in connection with purple
loosestrife control or lakewide Eurasian water milfoil control programs.
(c) A fee may not be charged to the state or a federal
governmental agency applying for a permit.
(d) A fee for a permit for the control of rooted aquatic
vegetation in a public water basin that is 20 acres or less in size shall be
one-half of the fee established under paragraph (a).
(e) The money received for the permits under this
subdivision shall be deposited in the treasury and credited to the water
recreation account."
Renumber the sections in sequence and correct the internal
references
Correct the title numbers accordingly
With the recommendation that when so amended the bill pass.
The
report was adopted.
Hamilton from the Committee on Agriculture and Rural Development Policy and Finance to which was referred:
H. F. No. 1039, A bill for an act relating to agriculture; reducing the operating budget for the Department of Agriculture.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
Section 1. SUMMARY
OF APPROPRIATIONS. |