Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1987, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1987
CHAPTER 312-S.F.No. 1203
An act relating to state government; reorganizing the
department of agriculture, the department of energy
and economic development, and the department of public
service, and providing for the powers and duties of
the three departments; changing the name of the
department of energy and economic development to the
department of trade and economic development;
designating the department of jobs and training as the
administrative agency for certain juvenile justice and
delinquency prevention purposes; providing grants for
youth intervention programs; creating the Minnesota
world trade center corporation and providing for its
powers and duties; changing the membership of the
world trade center board; authorizing the board to
contract for certain services and programs;
establishing the conference and service facility fund;
appropriating money; amending Minnesota Statutes 1986,
sections 17.03, by adding a subdivision; 17.101,
subdivision 1; 18.023, subdivision 11; 18.024,
subdivision 1; 43A.08, subdivision 1; 44A.01; 44A.02;
44A.031; 104.35, subdivisions 2 and 3; 115A.12,
subdivision 2; 116C.03, subdivision 2; 116J.01;
116J.03; 116J.58, subdivision 2; 116J.60; and 116J.63,
subdivision 2; proposing coding for new law in
Minnesota Statutes, chapters 44A; 116J; 236A; and 268;
proposing coding for new law as Minnesota Statutes,
chapter 216C; repealing Minnesota Statutes 1986,
sections 4.09; 17.03, subdivision 5; 44A.03; 44A.04;
44A.05; 44A.07; 116J.404; and 116J.405.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
ENERGY
Section 1. Minnesota Statutes 1986, section 18.023,
subdivision 11, is amended to read:
Subd. 11. [REPORT TO THE LEGISLATURE.] On or before
January 31 of each year, the commissioner shall report to the
legislature on the preceding year's approved disease control
programs and any experimental programs conducted pursuant to
subdivision 10a. The commissioner, with the assistance of the
commissioner of energy trade and economic development and the
director of public service, shall investigate and evaluate the
potential uses of wood infected with shade tree disease,
including the uses as an alternative energy source and as a
component in the construction or manufacture of new products.
Sec. 2. Minnesota Statutes 1986, section 18.024,
subdivision 1, is amended to read:
Subdivision 1. The department of agriculture, in
cooperation with the commissioner of energy trade and economic
development, the director of public service, and the Minnesota
shade tree advisory committee, shall draft recommendations for
wood utilization or disposal systems as defined in section
18.023. These recommendations shall encourage maximum
utilization of diseased shade trees. In addition to insuring
maximum utilization, the recommendations shall must be designed
to insure public safety and to assure compliance with approved
disease control programs.
Sec. 3. Minnesota Statutes 1986, section 104.35,
subdivision 2, is amended to read:
Subd. 2. The commissioner shall make the proposed
management plan available to affected local governmental bodies,
shoreland owners, conservation and outdoor recreation groups,
the commissioner of energy trade and economic development, the
director of public service, the governor, and the general
public. The commissioner of energy trade and economic
development, the director of public service, and the governor
shall review the proposed management plan pursuant to in
accordance with the criteria specified in section 86A.09,
subdivision 3, and submit any written comments to the
commissioner within 60 days after receipt of the proposed
management plan. Not less than 60 days after making such
information available, the commissioner shall conduct a public
hearing on the proposed management plan in the county seat of
each county which that contains a portion of the designated
area, in the manner provided in chapter 14.
Sec. 4. Minnesota Statutes 1986, section 104.35,
subdivision 3, is amended to read:
Subd. 3. Upon receipt of the administrative law judge's
report, the commissioner shall immediately forward the proposed
management plan and the administrative law judge's report to the
commissioner of energy trade and economic development and the
director of public service for review pursuant to under section
86A.09, subdivision 3, except that the review by the
commissioner of energy trade and economic development shall and
the director of public service must be completed or be deemed
completed within 30 days after receiving the administrative law
judge's report, and the review by the governor shall must be
completed or be deemed completed within 15 days after receipt.
Within 60 days after receipt of the administrative law judge's
report, the commissioner shall decide whether to designate by
order the river or a segment thereof of the river as a wild,
scenic, or recreational river and, if so designated, shall adopt
a management plan to govern the area. The commissioner shall
notify and inform public agencies and private landowners of the
plan and its purposes so as to encourage their cooperation in
the management and use of their land in a manner consistent with
the plan and its purposes.
Sec. 5. Minnesota Statutes 1986, section 115A.12,
subdivision 2, is amended to read:
Subd. 2. [TECHNICAL ADVISORY COUNCIL.] The chair of the
board shall establish an interagency technical advisory council
to advise the board and the chair on matters the board, through
its chair, deems necessary. The members of the council shall be
are the commissioner of health; the commissioner of agriculture;
the commissioner of natural resources; the director of the
pollution control agency; the commissioner of energy trade and
economic development; the director of public service; other
heads of agency the chair of the board deems necessary; or their
designees. The council shall meet at the call of the chair of
the board, who shall serve as chair of the council. The
members, collectively and individually shall advise the board
and the chair on matters within their various areas of expertise
and shall provide technical assistance and information as
requested by the board through its chair.
Sec. 6. Minnesota Statutes 1986, section 116C.03,
subdivision 2, is amended to read:
Subd. 2. The board shall include as members of the board
are the director of the state planning agency, the director of
public service, the director of the pollution control agency,
the commissioner of natural resources, the commissioner of
agriculture, the commissioner of health, the commissioner of
transportation, and a representative of the governor's office
designated by the governor. The governor shall appoint five
members from the general public to the board, subject to the
advice and consent of the senate. At least two of the five
public members shall must have knowledge of and be conversant in
water management issues in the state.
Sec. 7. [216C.01] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to section 8 and those sections renumbered by
section 10.
Subd. 2. [DIRECTOR.] "Director" means the director of the
department of public service.
Subd. 3. [DEPARTMENT.] "Department" means the department
of public service.
Sec. 8. [216C.02] [POWERS AND DUTIES OF DIRECTOR; RULES.]
Subdivision 1. [POWERS.] The director may:
(1) apply for, receive, and spend money received from
federal, municipal, county, regional, and other government
agencies and private sources;
(2) apply for, accept, and disburse grants and other aids
from public and private sources;
(3) contract for professional services if work or services
required or authorized to be carried out by the director cannot
be satisfactorily performed by employees of the department or by
another state agency;
(4) enter into interstate compacts to carry out research
and planning jointly with other states or the federal government
when appropriate;
(5) upon reasonable request, distribute informational
material at no cost to the public; and
(6) enter into contracts for the performance of the
director's duties with federal, state, regional, metropolitan,
local, and other agencies or units of government and educational
institutions, including the University of Minnesota, without
regard to the competitive bidding requirements of chapters 16A
and 16B.
Subd. 2. [APPROPRIATION.] Money received by the director
under this section must be deposited in the state treasury and
is appropriated to the director for the purpose for which the
money has been received. The money appropriated by this
subdivision does not cancel and is available until expended.
This appropriation does not apply to money resulting from
litigation or settlements of alleged violations of federal
petroleum pricing regulations.
Subd. 3. [RULES.] The director may adopt rules under
chapter 14 to carry out the director's duties and
responsibilities under this section and those sections
renumbered by section 10.
Sec. 9. [FUNCTIONS TRANSFERRED; ENERGY DIVISION
ESTABLISHED.]
The functions of the department of energy and economic
development energy division are transferred from that division
to the public service department and are placed under the
jurisdiction and control of the director of public service. The
energy division is established within the department of public
service. The division shall administer the duties and functions
assigned to it by law.
Sec. 10. [INSTRUCTION TO REVISOR.]
Subdivision 1. The revisor of statutes shall renumber the
section of Minnesota Statutes specified in column A with the
corresponding number in column B. The revisor shall make
necessary cross-reference changes consistent with the
renumbering.
In the statutes listed below, the revisor of statutes shall
also change all references to "commissioner" or "commissioner of
the department of energy and economic development" in the
statutes specified in column A to "director" and all references
to "department of energy and economic development" to
"department."
Column A Column B
116J.04 216C.04
116J.05 216C.05
116J.06 216C.06
116J.07 216C.07
116J.08 216C.08
116J.09 216C.09
116J.10 216C.10
116J.11 216C.11
116J.12 216C.12
116J.13 216C.13
116J.14 216C.14
116J.15 216C.15
116J.16 216C.16
116J.17 216C.17
116J.18 216C.18
116J.19 216C.19
116J.20 216C.20
116J.21 216C.21
116J.22 216C.22
116J.23 216C.23
116J.24 216C.24
116J.25 216C.25
116J.26 216C.26
116J.261 216C.261
116J.262 216C.262
116J.27 216C.27
116J.29 216C.29
116J.30 216C.30
116J.31 216C.31
116J.315 216C.315
116J.32 216C.32
116J.33 216C.33
116J.34 216C.34
116J.35 216C.35
116J.373 216C.373
116J.38 216C.38
116J.381 216C.381
Subd. 2. The revisor of statutes shall change all
references to the "commissioner of energy and economic
development" or the "commissioner" (meaning the commissioner of
energy and economic development) to the "director of public
service" or the "director" in the statutes listed below:
13.68
325F.19
325F.20
325F.21
325F.22
325F.23
325F.24
16B.56, subd. 1
115A.15
126.111
174.03, subd. 7
Sec. 11. Minnesota Statutes 1986, section 17.03, is
amended by adding a subdivision to read:
Subd. 6. [COOPERATION WITH MINNESOTA TRADE DIVISION.] The
commissioner of agriculture, the commissioner of trade and
economic development, and the director of the Minnesota trade
division shall cooperate with each other to promote the
beneficial agricultural interests of the state. The
commissioner of trade and economic development and the director
of the Minnesota trade division have primary responsibility for
promoting state agricultural interests to international
markets. The commissioner of trade and economic development and
the director of the Minnesota trade division are also
responsible for the promotion of national trade programs related
to international marketing. The commissioner of agriculture has
primary responsibility for promoting the agriculture interests
of producers, promoting state agricultural markets, and
promoting agricultural interests of the state in cooperative
production and marketing efforts with other states and the
United States Department of Agriculture. The commissioner of
agriculture is also responsible for promoting the national
marketing of state agricultural products.
Sec. 12. Minnesota Statutes 1986, section 17.101,
subdivision 1, is amended to read:
Subdivision 1. [DEPARTMENTAL DUTIES.] For the purposes of
expanding, improving, and developing the markets for products of
Minnesota agriculture, the commissioner shall encourage and
promote the marketing of these products by means of:
(a) advertising Minnesota agricultural products;
(b) assisting state agricultural commodity organizations;
(c) developing methods to increase processing and marketing
of agricultural commodities including commodities not being
produced in Minnesota on a commercial scale, but which may have
economic potential in national and international markets;
(d) investigating and identifying new marketing technology
and methods to enhance the competitive position of Minnesota
agricultural products;
(e) evaluating livestock marketing opportunities;
(f) assessing and developing national and international
markets for Minnesota agricultural products;
(g) studying the conversion of raw agricultural products to
manufactured products including ethanol;
(h) hosting the visits of foreign trade teams to Minnesota
and defraying the teams' expenses;
(i) assisting Minnesota agricultural businesses desiring to
sell their products in national and international markets; and
(j) other activities the commissioner deems appropriate to
promote Minnesota agricultural products in national and
international markets, provided that the activities do not
duplicate programs or services provided by the Minnesota trade
division or the Minnesota world trade center corporation.
Sec. 13. Minnesota Statutes 1986, section 43A.08,
subdivision 1, is amended to read:
Subdivision 1. [UNCLASSIFIED POSITIONS.] Unclassified
positions are held by employees who are:
(a) Chosen by election or appointed to fill an elective
office;
(b) 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;
(c) Deputy and assistant agency heads, and one confidential
secretary in the agencies listed in subdivision 1a;
(d) The confidential secretary to each of the elective
officers of this state and, for the secretary of state, state
auditor, and state treasurer, an additional deputy, clerk, or
employee;
(e) Intermittent help employed by the commissioner of
public safety to assist in the issuance of vehicle licenses;
(f) 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;
(g) Employees of the Washington, D.C., office of the state
of Minnesota;
(h) 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;
(h) (i) 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 state
universities and community colleges. This paragraph shall, but
not be construed to include the custodial, clerical, or
maintenance employees, or any professional or managerial
employee performing duties in connection with the business
administration of these institutions.
(i) (j) Officers and enlisted persons in the national guard;
(j) (k) Attorneys, legal assistants, examiners, and three
confidential employees appointed by the attorney general or
employed with the attorney general's authorization;
(k) (l) 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;
(l) (m) Members of the state patrol; provided that
selection and appointment of state patrol troopers shall be made
in accordance with applicable laws governing the classified
service;
(m) (n) Chaplains employed by the state;
(n) (o) Examination monitors and intermittent training
instructors employed by the departments of employee relations
and commerce;
(o) (p) Student workers; and
(p) (q) Employees unclassified pursuant to other statutory
authority.
Sec. 14. Minnesota Statutes 1986, section 116J.01, is
amended to read:
116J.01 [DEPARTMENT OF ENERGY TRADE AND ECONOMIC
DEVELOPMENT.]
Subdivision 1. [APPOINTMENT.] The department of energy
trade and economic development shall be is supervised and
controlled by the commissioner of energy trade and economic
development, who shall be is appointed by the governor and serve
serves under the provisions of section 15.06.
Subd. 2. [CONFIDENTIAL SECRETARY.] The commissioner may
appoint a confidential secretary in the unclassified service.
Subd. 3. [DEPARTMENTAL ORGANIZATION.] The commissioner
shall organize the department as provided in section 15.06. The
department shall must be organized into four three divisions,
which shall be designated as the energy business promotion and
marketing division, the community development division, the
economic development division, and the financial management
division; and the Minnesota trade division, and two offices, the
office of tourism and the policy analysis office. Each division
and office is responsible for administering shall administer the
duties and functions assigned to it by law. When the duties of
the divisions or office are not allocated by law, the
commissioner may establish and revise the assignments of each
division and office. Each division shall be is under the
direction of a deputy commissioner in the unclassified service.
The deputy commissioner of the Minnesota trade division must be
experienced and knowledgeable in matters of international trade.
The Each office of tourism is under the direction of a
director of tourism in the unclassified service. The governor
shall appoint the director of tourism.
Sec. 15. Minnesota Statutes 1986, section 116J.03, is
amended to read:
116J.03 [DEFINITIONS.]
Subdivision 1. [SCOPE.] As used in chapter 116J, the terms
defined in this section have the meaning given them.
Subd. 2. [COMMISSIONER.] "Commissioner" means the
commissioner of energy trade and economic development.
Subd. 3. [DEPARTMENT.] "Department" means the department
of energy trade and economic development.
Sec. 16. Minnesota Statutes 1986, section 116J.58,
subdivision 2, is amended to read:
Subd. 2. [PROMOTIONAL CONTRACTS.] In order to best carry
out duties and responsibilities and to serve the people of the
state in the promotion of tourism, trade, and economic
development, the commissioner may engage in programs and
projects jointly with a private person, firm, corporation or
association and may enter into contracts under terms to be
mutually agreed upon to carry out such programs and projects not
including acquisition of land or buildings. Such Contracts may
be negotiated and shall are not be subject to the provisions of
chapter 16, insofar as such provisions relate 16B relating to
competitive bidding.
Sec. 17. Minnesota Statutes 1986, section 116J.60, is
amended to read:
116J.60 [PROMOTIONAL EXPENSES.]
In the promotion of tourism, trade, and economic
development of the state, the commissioner of energy trade and
economic development may expend money appropriated by the
legislature for these purposes in the same manner as private
persons, firms, corporations, and associations make expenditures
for these purposes. An expenditure for food, lodging, or travel
is not governed by the travel rules of the commissioner of
employee relations. No money shall be expended for the
appearance in radio or television broadcasts by an elected
public official.
Sec. 18. [116J.613] [WASHINGTON OFFICE.]
The commissioner may appoint employees in the Washington,
D.C., office of the state of Minnesota in accordance with
chapter 43A, and prescribe their duties.
In the operation of the Washington, D.C., office of the
state of Minnesota, the commissioner may expend money
appropriated by the legislature for promotional purposes in the
same manner as private persons, firms, corporations, and
associations expend money for promotional purposes. Promotional
expenditures for food, lodging, or travel are not governed by
the travel rules of the commissioner of employee relations.
Sec. 19. Minnesota Statutes 1986, section 116J.63,
subdivision 2, is amended to read:
Subd. 2. The commissioner shall recommend a schedule of
fees pursuant to section 16A.128 to be charged for these
materials and for services rendered by the department in
furnishing them. Fees for reports, publications, or related
publicity or promotional material are not subject to the
rulemaking requirements of chapter 14 and are not subject to
sections 16A.128 and 16A.1281. The fees prescribed by the
commissioner shall must be commensurate with the distribution
objective of the department for the material produced or with
the cost of furnishing the services. All fees for materials and
services shall must be deposited in the general fund.
Sec. 20. [116J.966] [COMMISSIONER'S TRADE PROMOTION
DUTIES.]
Subdivision 1. [GENERALLY.] (a) The commissioner shall
promote, develop, and facilitate trade and foreign investment in
Minnesota. In furtherance of these goals, and in addition to
the powers granted by section 116J.035, the commissioner may:
(1) locate, develop, and promote international markets for
Minnesota products and services;
(2) arrange and lead trade missions to countries with
promising international markets for Minnesota goods, technology,
services, and agricultural products;
(3) promote Minnesota products and services at domestic and
international trade shows;
(4) organize, promote, and present domestic and
international trade shows featuring Minnesota products and
services;
(5) host trade delegations and assist foreign traders in
contacting appropriate Minnesota businesses and investments;
(6) develop contacts with Minnesota businesses and gather
and provide information to assist them in locating and
communicating with international trading or joint venture
counterparts;
(7) provide information, education, and counseling services
to Minnesota businesses regarding the economic, commercial,
legal, and cultural contexts of international trade;
(8) provide Minnesota businesses with international trade
leads and information about the availability and sources of
services relating to international trade, such as export
financing, licensing, freight forwarding, international
advertising, translation, and custom brokering;
(9) locate, attract, and promote foreign investment and
business development in Minnesota to enhance employment
opportunities in Minnesota;
(10) provide foreign businesses and investors desiring to
locate facilities in Minnesota information regarding sources of
governmental, legal, real estate, financial, and business
services;
(11) undertake activities to support the world trade
center; and
(12) enter into contracts or other agreements with private
persons and public entities to carry out the purposes of
promoting international trade and attracting investment from
foreign countries to Minnesota and to carry out this section,
without regard to sections 16B.07 and 16B.09.
(b) The programs and activities of the commissioner of
trade and economic development and the Minnesota trade division
may not duplicate programs and activities of the commissioner of
agriculture or the Minnesota world trade center corporation.
Subd. 2. [AGRICULTURAL PROMOTION.] The commissioner of
agriculture, the commissioner of trade and economic development,
and the director of the Minnesota trade division shall cooperate
with each other to promote the beneficial agricultural interests
of the state. The commissioner of trade and economic
development and the director of the Minnesota trade division
have primary responsibility for promoting state agricultural
interests to international markets. The commissioner of trade
and economic development and the director of the Minnesota trade
division are also responsible for the promotion of national
trade programs related to international marketing. The
commissioner of agriculture has primary responsibility for
promoting the agriculture interests of producers, promoting
state agricultural markets, and promoting agricultural interests
of the state in cooperative production and marketing efforts
with other states and the United States Department of
Agriculture. The commissioner of agriculture is also
responsible for promoting the national marketing of state
agricultural products.
Sec. 21. [236A.02] [ADMINISTRATIVE SUPPORT.]
The commissioner of agriculture in consultation with the
director of the Minnesota trade division shall provide
administrative staff and support to the Interstate Agricultural
Grain Marketing Commission members from this state.
JUVENILE JUSTICE AND YOUTH INTERVENTION
Sec. 22. [268.29] [JUVENILE JUSTICE PROGRAM.]
The governor shall designate the department of jobs and
training as the sole agency responsible for supervising the
preparation and administration of the state plan for juvenile
justice required by the Juvenile Justice and Delinquency
Prevention Act of 1974, as amended.
The governor shall designate the juvenile justice advisory
committee as the supervisory board for the department of jobs
and training with respect to preparation and administration of
the state plan and award of grants.
The governor shall appoint members to the juvenile justice
advisory committee in accordance with the membership
requirements of the Juvenile Justice and Delinquency Prevention
Act of 1974, as amended.
Sec. 23. [268.30] [GRANTS-IN-AID TO YOUTH INTERVENTION
PROGRAMS.]
Subdivision 1. [GRANTS.] The commissioner may make grants
to nonprofit agencies administering youth intervention programs
in communities where the programs are or may be established.
"Youth intervention program" means a nonresidential
community-based program providing advocacy, education,
counseling, and referral services to youth and their families
experiencing personal, familial, school, legal, or chemical
problems with the goal of resolving the present problems and
preventing the occurrence of the problems in the future.
Subd. 2. [APPLICATIONS.] Applications for a grant-in-aid
shall be made by the administering agency to the commissioner.
The grant-in-aid is contingent upon the agency having obtained
from the community in which the youth intervention program is
established local matching money two times the amount of the
grant that is sought.
The commissioner shall provide by rule the application
form, procedures for making application form, criteria for
review of the application, and kinds of contributions in
addition to cash that qualify as local matching money. No grant
to any agency shall exceed $25,000.
Sec. 24. [REORGANIZATION.]
The divisions and offices established within the department
of trade and economic development by section 14 include the
following divisions and offices in existence within and without
the department before the effective date of this article:
(1) the business promotion and marketing division;
(2) the community development division includes the
community development division and the financial management
division;
(3) the office of tourism includes the office of tourism;
(4) the Minnesota trade division includes the Minnesota
trade office in the department of agriculture relating to
international trade, but does not include the functions and
positions of the office relating solely to domestic agricultural
promotion; and
(5) the policy analysis office includes the division of
policy analysis.
Sec. 25. [REPEALER.]
Minnesota Statutes 1986, sections 4.09; 17.03, subdivision
5; 116J.404; and 116J.405 are repealed.
Sec. 26. [INSTRUCTION TO REVISOR.]
Subdivision 1. The revisor of statutes shall renumber each
section of Minnesota Statutes in column A with the corresponding
number in column B. The revisor shall also make necessary
cross-reference changes consistent with the renumbering and
change the words "commissioner of agriculture" or similar words
to "commissioner of the department of trade and economic
development" or similar words.
Column A Column B
17.103 116J.970
17.104 116J.971
17.105 116J.972
Subd. 2. The revisor of statutes shall, except in those
sections listed in section 10, change all references to the
commissioner or the department of energy and economic
development to the commissioner or department of trade and
economic development, as appropriate, whenever those words
appear in Minnesota Statutes.
Sec. 27. [EFFECTIVE DATE.]
This article is effective the day following final enactment.
ARTICLE 2
WORLD TRADE CENTER
Section 1. [44A.001] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] For purposes of this
chapter, the following terms have the meaning given them in this
section.
Subd. 2. [BOARD.] "Board" means the governing board of the
Minnesota world trade center corporation.
Subd. 3. [CONFERENCE AND SERVICE CENTER.] "Conference and
service center" means the approximately 20,000 square feet of
space on the third and fourth floors of the Minnesota world
trade center that the state of Minnesota has the right to
possess, occupy, and use subject to the terms and conditions of
the development agreement.
Subd. 4. [CORPORATION.] "Corporation" means the Minnesota
world trade center corporation established by section 44A.01.
Subd. 5. [DEVELOPMENT AGREEMENT.] "Development agreement"
means the agreement entered into by and between the world trade
center board, as agent of the state of Minnesota, and Oxford
Development Minnesota, Inc., dated July 27, 1984, and the
amendments to that agreement, for development and construction
of a world trade center at a designated site in Minnesota.
Subd. 6. [MINNESOTA WORLD TRADE CENTER.] "Minnesota world
trade center" means the facility constructed in accordance with
the development agreement.
Sec. 2. Minnesota Statutes 1986, section 44A.01, is
amended to read:
44A.01 [WORLD TRADE CENTER BOARD CORPORATION.]
Subdivision 1. [MEMBERSHIP ESTABLISHMENT.] (a) A world
trade center board is created to facilitate and support
Minnesota world trade center programs and services and promote
the growth of international trade in Minnesota. The world trade
center board consists of nine voting members and four
legislators serving as nonvoting members. Three members are
representatives of the membership of the Minnesota world trade
center, one member is a representative of the international
business community, and one member is a representative of the
agricultural community.
(b) The initial voting members are appointed by the
governor with the advice and consent of the senate. The terms
of five of the initial voting members shall expire the first
Monday in January 1987. The terms of the remaining four initial
voting members shall expire the first Monday in January 1989. A
vacancy is filled in the same manner as the appointment. The
Minnesota world trade center corporation is a public corporation
established to facilitate and support Minnesota world trade
center programs and services and to promote the Minnesota world
trade center. The corporation is a state agency, but is not
subject to chapters 14, 16A, 16B, 43A, and 179A.
Subd. 2. [BOARD MEMBERSHIP.] (a) The corporation is
governed by a board of directors consisting of:
(1) six members, representing the international business
community, elected to six-year terms by the association of
members established under section 4, subdivision 2, clause (5);
(2) three members appointed by the governor, with the
advice and consent of the senate, to six-year terms; and
(3) six legislators appointed under paragraph (b).
Members appointed by the governor must be knowledgeable or
experienced in international trade in products or services.
(c) (b) Legislator members are two three members of the
senate appointed under the rules of the senate and two three
members of the house of representatives appointed by the
speaker. One member from each house must be appointed from the
minority party of that house. Except for the initial members,
who are to be appointed following enactment, they are appointed
at the beginning of each regular session of the legislature for
two-year terms. A legislator who remains a member of the body
from which the legislator was appointed may serve until a
successor is appointed and qualifies. A vacancy in a legislator
member's term is filled for the unexpired portion of the term in
the same manner as the original appointment.
Subd. 2. 3. [TERMS; COMPENSATION; REMOVAL.] Except as
provided in this section, terms, compensation, and removal of
members who are not legislators are as provided in section
15.059.
Subd. 3. 4. [ORGANIZATION.] The chair of the world trade
center board is selected by the board members The board shall
elect a chair and an executive committee from its members.
Sec. 3. Minnesota Statutes 1986, section 44A.02, is
amended to read:
44A.02 [PRESIDENT.]
Subdivision 1. [SELECTION.] The president of the world
trade center board corporation is selected by a majority of the
board and serves at the pleasure of the board. The president
must be familiar with the international business community, and
have demonstrated proficiency in communication skills,
administration, and management. The salary of the president is
set by the board within the limit set by sections, but may not
exceed the salary set for the commissioner of finance under
section 15A.081, subdivision 1, and 43A.17.
Subd. 2. [DUTIES.] The president is the chief
administrative officer of the board corporation and is
responsible for performing the executive duties of the board
corporation. The president is not a member of the board.
Subd. 3. [EMPLOYEES.] The president may appoint
unclassified employees in accordance with chapter 43A and
prescribe their duties. Employees and officers of the
corporation are not state employees, but at the option of the
board may participate in the following plans for employees in
the unclassified service: the state retirement plan, the state
deferred compensation plan, and the health insurance and life
insurance plans. The president may delegate to a subordinate
the exercise of specified statutory powers or duties as the
president deems advisable, subject to the control of the
president.
Sec. 4. [44A.023] [POWERS.]
Subdivision 1. [LEGAL ACTION.] The corporation may sue and
be sued in the manner and subject to the limitations of other
state agencies.
Subd. 2. [OTHER POWERS.] The board may:
(1) define, formulate, administer, and deliver programs and
services through the world trade center;
(2) establish satellite operations of the Minnesota world
trade center within the continental United States;
(3) accept gifts and grants from other sources;
(4) set and collect fees for services and programs;
(5) adopt membership requirements for an association of
members of the Minnesota world trade center;
(6) participate jointly with private persons, firms,
corporations, or organizations or with public entities in
appropriate programs or projects and enter into contracts to
spend money to carry out those programs or projects;
(7) have a seal and alter it at will;
(8) acquire and dispose of personal property, including
inchoate and intellectual property, royalties, stock, and stock
warrants;
(9) enter into contracts or agreements with a federal or
state agency, individual, business entity, or other organization;
(10) acquire and dispose of real property or an interest in
real property;
(11) purchase insurance;
(12) spend money appropriated to it for its purposes,
including expenditures for the food, lodging, and travel of
consultants and speakers hired by the board, and for
publications, advertising, and promotional activities; and
(13) hold and maintain membership for the Minnesota world
trade center in the world trade centers association.
Sec. 5. [44A.025] [DUTIES.]
The board shall:
(1) promote and market the Minnesota world trade center;
(2) sponsor conferences or other promotional events in the
conference and service center;
(3) adopt bylaws governing operation of the corporation by
November 1, 1987;
(4) establish a Minnesota world trade center club program
in accordance with the development agreement;
(5) conduct public relations and liaison activities between
the corporation and the international business community;
(6) establish and maintain an office in the Minnesota world
trade center; and
(7) not duplicate programs or services provided by the
commissioner of trade and economic development, the Minnesota
trade division, or the commissioner of agriculture.
Sec. 6. Minnesota Statutes 1986, section 44A.031, is
amended to read:
44A.031 [PROMOTIONAL EXPENSES.]
The world trade center board may expend money in the world
trade center fund, and any other money appropriated by the
legislature, for the purpose of promotion of world trade in
Minnesota to carry out sections 4 and 5. Promotional expenses
include, but are not limited to, expenses for the food, lodging
and travel of consultants and, speakers, and employees hired by
the board, and publications and other forms of advertising.
Promotional expenditures may be made in the same manner as
expenditures made by private persons, firms, corporations, or
associations for similar purposes, and are not subject to
regulation by the commissioner of employee relations.
Sec. 7. [44A.0311] [WORLD TRADE CENTER CORPORATION FUND.]
The world trade center corporation fund is an account in
the state treasury. All money received by the corporation,
including money generated from the use of the conference and
service center, except money generated from the use of the
center by the Minnesota trade division, must be deposited in the
fund. Money in the fund including interest earned is
appropriated to the board and must be used exclusively for
corporation purposes.
Sec. 8. [44A.11] [USE OF CONFERENCE AND SERVICE CENTER.]
The board shall operate or provide for the operation of the
conference and service center. Priority use of the conference
and service center must be given to programs and activities
related to international trade. The board may permit use of the
center for public benefits and other revenue raising purposes
only after all requests for use of the center for international
business have been accommodated.
Sec. 9. [TRANSITION.]
(a) The nine voting members of the Minnesota world trade
center board on the effective date of this section shall serve
as the first nonlegislative members of the first Minnesota world
trade center corporation board of directors. The governor shall
designate three of the nine as the governor's appointees and
shall designate one of those members to serve a term of two
years, one a term of four years, and one a term of six years.
At the conclusion of the terms of the three members designated
by the governor as the governor's appointees, their successors
must be appointed under section 2, subdivision 2, paragraph (a),
clause (2). Of the remaining six members of the first world
trade center corporation board, two shall serve terms of two
years, two shall serve terms of four years, and two shall serve
terms of six years. The determination of members who serve
these terms must be made by the governor. On expiration of
these six members' terms, successors must be elected under
section 2, subdivision 2, paragraph (a), clause (1). If the
association fails to elect successors within 90 days of the
expiration of a term, the governor shall fill that term by
appointment.
Sec. 10. [MEMBERSHIP AGREEMENT.]
The Minnesota world trade center corporation shall request
the executive board of the world trade centers association to
transfer the membership of the Minnesota world trade center
board in the world trade centers association to the corporation.
Sec. 11. [TRANSFERS; APPROPRIATIONS; COMPLEMENT.]
Subdivision 1. [DEFINITIONS.] The definitions in section 1
apply to this section.
Subd. 2. [TRANSFER.] All of the state of Minnesota's
rights and obligations under the development agreement and all
existing contracts related to the approximately 20,000 square
feet to which the world trade center board is a party or
beneficiary is transferred to the corporation. All other
property of the world trade center board, including any
unexpended balance of the world trade center board 1987
appropriation and matching funds, is transferred and
appropriated to the corporation.
Subd. 3. [OPERATING EXPENSES APPROPRIATION.] $135,000 the
first year and $180,000 the second year is appropriated from the
general fund to the commissioner of administration to pay the
operating expenses of the Minnesota world trade center
conference and service center as required by the development
agreement, to be available until June 30, 1989. If the
appropriation for either year is insufficient, the appropriation
for the other year is available for it.
Subd. 4. [APPROPRIATIONS AND COMPLEMENT.] The approved
complement of the Minnesota trade division of the department of
trade and economic development is increased by four positions.
The commissioner of trade and economic development shall fund
these positions with money appropriated to the department of
trade and economic development by other law.
Sec. 12. [REPEALER.]
Minnesota Statutes 1986, sections 44A.03; 44A.04; 44A.05;
and 44A.07, are repealed.
Sec. 13. [TOURISM APPOINTMENT.]
Notwithstanding section 14 of article 1, the governor shall
appoint the director of tourism until January 1, 1989.
Sec. 14. [EFFECTIVE DATE.]
Sections 1 to 12 are effective July 1, 1987.
Approved May 28, 1987
Official Publication of the State of Minnesota
Revisor of Statutes