Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 163-H.F.No. 889 
           An act relating to economic development; clarifying 
          provisions relating to the department of trade and 
          economic development; clarifying the duties of the 
          commissioner; providing certain duties for the rural 
          development board and Minnesota Technology, Inc.; 
          amending Minnesota Statutes 1992, sections 17.49, 
          subdivision 1; 18.024, subdivision 1; 86.72, 
          subdivision 3; 86A.06; 86A.09, subdivisions 1, 2, 3, 
          and 4; 92.35; 92.36; 103F.135, subdivision 1; 116J.01, 
          by adding a subdivision; 116J.402; 116J.58, 
          subdivision 1; 116J.61; 116J.68, subdivision 2; 
          116J.873, subdivisions 3 and 4; 116J.966, subdivision 
          1; 116J.980, subdivisions 1 and 2; 116N.04, 
          subdivision 1; 116O.02, subdivision 6; 116O.03, 
          subdivision 1a; 116O.04, subdivision 1; 116O.05, 
          subdivision 2; 116O.06, subdivision 1; 116O.08, 
          subdivision 2; 137.31, subdivision 6; 138.93, 
          subdivision 4; 144.95, subdivision 7; 173.17; 
          216B.242; 216C.37, subdivision 1; 299A.01, subdivision 
          2; 446A.03, subdivision 1; 446A.10, subdivision 2; 
          473.857, subdivision 2; 473H.06, subdivision 5; and 
          641.24; proposing coding for new law in Minnesota 
          Statutes, chapter 116J; repealing Minnesota Statutes 
          1992, sections 84.54; 86A.10; 116J.01, subdivision 3; 
          116J.615, subdivision 2; 116J.645; 116J.661; 116J.982, 
          subdivisions 6a, 8, and 9; 116J.983; 116J.984; 
          301A.01; 301A.02; 301A.03; 301A.04; 301A.05; 301A.06; 
          301A.07; 301A.08; 301A.09; 301A.10; 301A.11; 301A.12; 
          301A.13; and 301A.14. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                ARTICLE 1
    Section 1.  Minnesota Statutes 1992, section 17.49, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PROGRAM ESTABLISHED.] The commissioner 
shall establish and promote a program of aquaculture in 
consultation with an advisory committee consisting of the 
University of Minnesota, the commissioner of natural resources, 
the commissioner of agriculture, the commissioner of trade and 
economic development, representatives of the private aquaculture 
industry, and the chairs of the environment and natural 
resources committees of the house of representatives and senate. 
    Sec. 2.  Minnesota Statutes 1992, section 18.024, 
subdivision 1, is amended to read: 
    Subdivision 1.  [WOOD UTILIZATION.] The departments of 
agriculture and natural resources, after consultation with the 
Minnesota shade tree advisory committee and the commissioners 
commissioner of public service, and trade and economic 
development, shall investigate, evaluate, and make 
recommendations to the legislature concerning the potential uses 
of wood from community trees removed due to disease or other 
disorders.  These recommendations shall include maximum resource 
recovery through recycling, use as an alternative energy source, 
or use in construction or the manufacture of new products.  Wood 
utilization or disposal systems as defined in section 18.023 
must be included to ensure maximum utilization of diseased shade 
trees with designs and procedures to ensure public safety and to 
assure compliance with approved disease control programs. 
    Sec. 3.  Minnesota Statutes 1992, section 86.72, 
subdivision 3, is amended to read: 
    Subd. 3.  Requests for allocation from the account for 
acquisition or development shall be accompanied by a certificate 
signed jointly by the commissioner of trade and economic 
development and commissioner of natural resources, showing a 
review of the application against chapter 86A.  Copies of the 
certification shall be submitted to the appropriate legislative 
committees and commissions.  Appropriations from the account 
shall be expended with the approval of the governor after 
consultation with the legislative advisory commission.  The 
legislative commission on Minnesota resources shall make 
recommendations to the legislative advisory commission regarding 
the expenditures. 
    Sec. 4.  Minnesota Statutes 1992, section 86A.06, is 
amended to read: 
    86A.06 [RULES.] 
    Each managing agency, in consultation with the commissioner 
of trade and economic development, shall promulgate rules 
relating to the units of the outdoor recreation system within 
its jurisdiction, which shall provide for administration of the 
units in the manner specified in section 86A.05 and the laws 
relating to each type of unit.  
    Sec. 5.  Minnesota Statutes 1992, section 86A.09, 
subdivision 1, is amended to read: 
    Subdivision 1.  [MASTER PLAN REQUIRED.] No construction of 
new facilities or other development of an authorized unit, other 
than repairs and maintenance, shall commence until the managing 
agency has prepared and submitted to the commissioner of trade 
and economic development natural resources and the commissioner 
of trade and economic development has reviewed, pursuant to this 
section, a master plan for administration of the unit in 
conformity with this section.  No master plan is required for 
wildlife management areas that do not have resident managers, 
for water access sites, for aquatic management areas, or for 
rest areas. 
    Sec. 6.  Minnesota Statutes 1992, section 86A.09, 
subdivision 2, is amended to read: 
    Subd. 2.  [MASTER PLAN; PREPARATION AND CONTENT.] The 
managing agency shall supervise preparation of the master plan 
and shall utilize the professional staffs of any agency of the 
state when the expertise of the staff of such agency is 
necessary to adequately prepare the master plan; the master plan 
shall present the information in a format and detail that is 
appropriate to the size and complexity of the authorized unit.  
When the master plan has been completed the managing agency 
shall announce to the public in a manner reasonably designed to 
inform interested persons that the master plan is available for 
public review and in the case of any major unit shall hold at 
least one public hearing on the plan in the vicinity of the 
unit.  The managing agency shall make the master plan available 
for review and comment by the public and other state agencies 
for at least 30 days following the announcement and before 
submitting the master plan to the commissioner of trade and 
economic development natural resources.  Copies of the plan 
shall be provided to members of the outdoor recreation advisory 
council and to any other person on request. 
    Sec. 7.  Minnesota Statutes 1992, section 86A.09, 
subdivision 3, is amended to read: 
    Subd. 3.  [MASTER PLAN; REVIEW AND APPROVAL.] All master 
plans required by this section shall be submitted to the 
commissioner of trade and economic development natural resources 
for review pursuant to this subdivision.  The commissioner 
of trade and economic development natural resources shall review 
the master plan to determine whether the plan:  (a) provides for 
administration of the unit in a manner that is consistent with 
the purposes for which the unit was authorized and with the 
principals governing the administration of the unit, as 
specified in section 86A.05 and the statutes relating to each 
type of unit; (b) recognizes values and resources within the 
unit that are primarily the responsibility of another managing 
agency to protect or develop, and provides for their protection 
or development either through a cooperative agreement with the 
other managing agency or through designation of the appropriate 
area as a secondary unit.  In reviewing any master plan, the 
commissioner of trade and economic development natural resources 
shall consult with other state agencies.  Within 60 days after 
receiving the master plan, the commissioner of trade and 
economic development natural resources shall notify the managing 
agency that the plan has been reviewed and forward its 
recommendations for any changes it might suggest.  The managing 
agency shall review the recommendations and notify the 
commissioner of trade and economic development natural resources 
of the disposition made of them.  Failure to comment on a master 
plan within the time specified shall be considered approval of 
the plan by the commissioner of trade and economic development 
natural resources.  If the director of the commissioner of trade 
and economic development natural resources feels that the master 
plan still fails significantly to comply with this subdivision, 
the commissioner may request review of the master plan by the 
governor.  In that event review shall not be deemed completed 
until after the master plan has been approved by the governor or 
60 days have elapsed without action by the governor to approve 
or reject the plan, whichever occurs first. 
    Sec. 8.  Minnesota Statutes 1992, section 86A.09, 
subdivision 4, is amended to read: 
    Subd. 4.  [DEVELOPMENT.] Construction of necessary 
facilities and other development of the unit shall commence as 
soon as practicable after review of the master plan by the 
commissioner of trade and economic development natural 
resources, and the governor if requested, and shall be carried 
out in conformity with the master plan. 
    Sec. 9.  Minnesota Statutes 1992, section 92.35, is amended 
to read: 
    92.35 [DUTIES AND POWERS.] 
    The commissioner of trade and economic development natural 
resources must classify all public and private lands in the 
state by the use to which the lands are adapted, but principally 
as to adaptability to present known uses, such as agriculture 
and forestry.  This classification must be based on 
consideration of the known physical and economic factors 
affecting use of the land.  The commissioner must consult 
private, state, and federal agencies concerned with land use.  
The commissioner may appoint advisory committees of residents of 
the state concerned with and interested in land use.  The 
advisory committees shall serve without pay, at the pleasure of 
the commissioner.  The advisory committee must consider and 
report on land use problems submitted by the commissioner.  The 
classification must be done first in the counties having land 
classification committees.  In determining the land 
classification, the commissioner must consult and cooperate with 
the land classification committee.  The determination of the 
land classification committee is final. 
    Sec. 10.  Minnesota Statutes 1992, section 92.36, is 
amended to read: 
    92.36 [LANDS CLASSIFIED.] 
    Upon the basis of all of the facts concerning land use now 
obtainable and as provided in sections 92.34 to 92.37 the 
commissioner of trade and economic development natural resources 
shall temporarily classify land areas with reference to the 
known uses to which the areas are adapted or adaptable.  A 
certified copy of the temporary classification, together with a 
brief statement of the reasons for it, must be recorded in the 
office of the county recorder in each county containing the 
lands classified.  No fees need be paid for this recording.  
After the temporary classification has been adopted by the 
commissioner, none of the lands classified as nonagricultural 
may be sold or leased by the state for agricultural purposes. 
    Sec. 11.  Minnesota Statutes 1992, section 103F.135, 
subdivision 1, is amended to read: 
    Subdivision 1.  [COMMISSIONER'S DUTIES.] The commissioner 
shall:  
    (1) collect and distribute information relating to flooding 
and floodplain management; 
    (2) coordinate local, state, and federal floodplain 
management activities to the greatest extent possible, and 
encourage the United States Army Corps of Engineers and the 
United States Soil Conservation Service to make their flood 
control planning data available to local governmental units for 
planning purposes, to allow adequate local participation in the 
planning process and in the selection of desirable alternatives; 
    (3) assist local governmental units in their floodplain 
management activities in cooperation with the commissioner of 
trade and economic development; and 
    (4) do all other things, within lawful authority, that are 
necessary or desirable to manage the floodplain for beneficial 
uses compatible with the preservation of the capacity of the 
floodplain to carry and discharge the regional flood.  
    Sec. 12.  Minnesota Statutes 1992, section 116J.01, is 
amended by adding a subdivision 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 three deputy 
commissioners in the unclassified service.  One deputy must 
direct the Minnesota trade office and must be experienced and 
knowledgeable in matters of international trade.  One deputy 
must be the director of the office of tourism. 
    (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.  
    Sec. 13.  [116J.011] [MISSION.] 
    The mission of the department of trade and economic 
development is to employ all of the available state government 
resources to facilitate an economic environment that produces 
net new job growth in excess of the national average and to 
increase nonresident and resident tourism revenues. 
    Sec. 14.  Minnesota Statutes 1992, section 116J.402, is 
amended to read: 
    116J.402 [COOPERATIVE CONTRACTS.] 
    The commissioner of trade and economic development may 
apply for, receive, and spend money for community development 
from municipal, county, regional, and other planning agencies. 
The commissioner may also apply for, accept, and disburse grants 
and other aids for community development and related planning 
from the federal government and other sources.  The commissioner 
may enter into contracts with agencies of the federal 
government, local governmental units, regional development 
commissions, and the metropolitan council, other state agencies, 
the University of Minnesota, and other educational institutions, 
and private persons as necessary to perform the commissioner's 
duties.  Contracts made according to this section, except those 
with private persons, are not subject to the provisions of 
chapter 16 concerning competitive bidding.  
    The commissioner may apply for, receive, and spend money 
made available from federal sources or other sources for the 
purposes of carrying out the duties and responsibilities of the 
commissioner relating to community development.  
    Money received by the commissioner under this section must 
be deposited in the state treasury and is appropriated to the 
commissioner for the purposes for which the money has been 
received.  The money does not cancel and is available until 
spent.  
    Sec. 15.  Minnesota Statutes 1992, section 116J.58, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ENUMERATION.] The commissioner shall: 
     (1) investigate, study, and undertake ways and means of 
promoting and encouraging the prosperous development and 
protection of the legitimate interest and welfare of Minnesota 
business, industry, and commerce, within and outside the state; 
     (2) locate markets for manufacturers and processors and aid 
merchants in locating and contacting markets; 
     (3) investigate and study conditions affecting Minnesota 
business, industry, and commerce and collect and disseminate 
information, and engage in technical studies, scientific 
investigations, and statistical research and educational 
activities necessary or useful for the proper execution of the 
powers and duties of the commissioner in promoting and 
developing Minnesota business, industry, and commerce, both 
within and outside the state; 
     (4) plan and develop an effective business information 
service both for the direct assistance of business and industry 
of the state and for the encouragement of business and industry 
outside the state to use economic facilities within the state; 
     (5) compile, collect, and develop periodically, or 
otherwise make available, information relating to current 
business conditions; 
     (6) conduct or encourage research designed to further new 
and more extensive uses of the natural and other resources of 
the state and designed to develop new products and industrial 
processes; 
      (7) study trends and developments in the industries of the 
state and analyze the reasons underlying the trends; study costs 
and other factors affecting successful operation of businesses 
within the state; and make recommendations regarding 
circumstances promoting or hampering business and industrial 
development; 
      (8) serve as a clearing house for business and industrial 
problems of the state; and advise small business enterprises 
regarding improved methods of accounting and bookkeeping; 
      (9) cooperate with interstate commissions engaged in 
formulating and promoting the adoption of interstate compacts 
and agreements helpful to business, industry, and commerce; 
      (10) cooperate with other state departments, and with 
boards, commissions, and other state agencies, in the 
preparation and coordination of plans and policies for the 
development of the state and for the use and conservation of its 
resources insofar as the use, conservation, and development may 
be appropriately directed or influenced by a state agency; 
      (11) assemble and coordinate information relative to the 
status, scope, cost, and employment possibilities and the 
availability of materials, equipment, and labor in connection 
with public works projects, state, county, and municipal; 
recommend limitations on the public works; gather current 
progress information with reference to public and private works 
projects of the state and its political subdivisions with 
reference to conditions of employment; inquire into and report 
to the governor, when requested by the governor, with respect to 
any program of public state improvements and the financing 
thereof; and request and obtain information from other state 
departments or agencies as may be needed properly to report 
thereon; 
    (12) study changes in population and current trends and 
prepare plans and suggest policies for the development and 
conservation of the resources of the state; 
    (13) confer and cooperate with the executive, legislative, 
or planning authorities of the United States and neighboring 
states and provinces and of the counties and municipalities of 
such neighboring states, for the purpose of bringing about a 
coordination between the development of such 
neighboring provinces, states, counties, and municipalities and 
the development of this state; 
    (14) generally, gather, compile, and make available 
statistical information relating to business, trade, commerce, 
industry, transportation, communication, natural resources, and 
other like subjects in this state, with authority to call upon 
other departments of the state for statistical data and results 
obtained by them and to arrange and compile that statistical 
information in a manner that seems wise; 
    (15) publish documents and annually convene regional 
meetings to inform businesses, local government units, 
assistance providers, and other interested persons of changes in 
state and federal law related to economic development; and 
     (16) annually convene conferences of providers of economic 
development related financial and technical assistance for the 
purposes of exchanging information on economic development 
assistance, coordinating economic development activities, and 
formulating economic development strategies; and 
    (17) provide business with information on the economic 
benefits of energy conservation and on the availability of 
energy conservation assistance. 
    Sec. 16.  Minnesota Statutes 1992, section 116J.61, is 
amended to read: 
    116J.61 [ADDITIONAL POWERS AND DUTIES.] 
    The commissioner shall: 
    (1) have control of the work of carrying on a continuous 
program of education for business people; 
    (2) publish, disseminate, and distribute information and 
statistics; 
    (3) promote and encourage the expansion and development of 
markets for Minnesota products; 
    (4) promote and encourage the location and development of 
new business in the state as well as the maintenance and 
expansion of existing business and for that purpose cooperate 
with state and local agencies and individuals, both within and 
outside the state; 
    (5) advertise and disseminate information as to natural 
resources, desirable locations, and other advantages for the 
purpose of attracting business to locate in this state; 
    (6) aid the various communities in this state in getting 
attracting business to locate therein; 
    (7) advise and cooperate with municipal, county, regional, 
and other planning agencies and planning groups within the state 
for the purpose of promoting coordination between the state and 
localities as to plans and development in order to maintain a 
high level of gainful employment in private profitable 
production and achieve commensurate advancement in social and 
cultural welfare; coordinate the activities of statewide and 
local planning agencies, correlate information secured from them 
and from state departments and disseminate information and 
suggestions to the planning agencies; and encourage and assist 
in the organization and functioning of local planning agencies 
where none exist; and may provide at the request of any 
governmental subdivision hereinafter mentioned planning 
assistance, which includes but is not limited to surveys, land 
use studies, urban renewal plans, technical services and other 
planning work to any city or other municipality in the state or 
perform similar planning work in any county, metropolitan or 
regional area in the state.  The commissioner shall not perform 
the planning work with respect to a metropolitan or regional 
area which is under the jurisdiction for planning purposes of a 
county, metropolitan, regional or joint planning body, except at 
the request or with the consent of the respective county, 
metropolitan, regional or joint planning body.  The commissioner 
is authorized to receive and expend money from municipal, 
county, regional and other planning agencies; and may accept and 
disburse grants and other aids for planning purposes from the 
federal government and from other public or private sources, and 
may utilize moneys so received for the employment of consultants 
and other temporary personnel to assist in the supervision or 
performance of planning work supported by money other than state 
appropriated money, and may enter into contracts with agencies 
of the federal government, units of local government or 
combinations thereof, and with private persons that are 
necessary in the performance of the planning assistance function 
of the commissioner.  The commissioner may assist any local 
government unit in filling out application forms for the federal 
grants-in-aid.  In furtherance of their planning functions, any 
city or town, however organized, may expend money and contract 
with agencies of the federal government, appropriate departments 
of state government, other local units of government and with 
private persons; and 
    (8) adopt measures calculated to promote public interest in 
and understanding of the problems of planning and, to that end, 
may publish and distribute copies of any plan or any report and 
may employ other means of publicity and education that will give 
full effect to the provisions of sections 116J.58 to 116J.63. 
    Sec. 17.  Minnesota Statutes 1992, section 116J.68, 
subdivision 2, is amended to read: 
    Subd. 2.  The bureau shall:  
      (a) provide information and assistance with respect to all 
aspects of business planning and business management related to 
the start-up, operation, or expansion of a small business in 
Minnesota; 
      (b) refer persons interested in the start-up, operation, or 
expansion of a small business in Minnesota to assistance 
programs sponsored by federal agencies, state agencies, 
educational institutions, chambers of commerce, civic 
organizations, community development groups, private industry 
associations, and other organizations or to the business 
assistance referral system established by the Minnesota Project 
Outreach Corporation; 
      (c) plan, develop, and implement a master file of 
information on small business assistance programs of federal, 
state, and local governments, and other public and private 
organizations so as to provide comprehensive, timely information 
to the bureau's clients; 
      (d) employ staff with adequate and appropriate skills and 
education and training for the delivery of information and 
assistance; 
      (e) seek out and utilize, to the extent practicable, 
contributed expertise and services of federal, state, and local 
governments, educational institutions, and other public and 
private organizations; 
     (f) maintain a close and continued relationship with the 
director of the procurement program within the department of 
administration so as to facilitate the department's duties and 
responsibilities under sections 16B.19 to 16B.22 relating to the 
small targeted group business and economically disadvantaged 
business program of the state; 
     (g) develop an information system which will enable the 
commissioner and other state agencies to efficiently store, 
retrieve, analyze, and exchange data regarding small business 
development and growth in the state.  All executive branch 
agencies of state government and the secretary of state shall to 
the extent practicable, assist the bureau in the development and 
implementation of the information system; 
     (h) establish and maintain a toll free telephone number so 
that all small business persons anywhere in the state can call 
the bureau office for assistance.  An outreach program shall be 
established to make the existence of the bureau well known to 
its potential clientele throughout the state.  If the small 
business person requires a referral to another provider the 
bureau may use the business assistance referral system 
established by the Minnesota Project Outreach Corporation; 
     (i) conduct research and provide data as required by the 
state legislature; 
     (j) develop and publish material on all aspects of the 
start-up, operation, or expansion of a small business in 
Minnesota; 
    (k) collect and disseminate information on state 
procurement opportunities, including information on the 
procurement process; 
    (l) develop a public awareness program through the use of 
newsletters, personal contacts, and electronic and print news 
media advertising about state assistance programs for small 
businesses, including those programs specifically for socially 
disadvantaged small business persons; 
    (m) publicize to small businesses section 14.115 which 
requires consideration of small business issues in state agency 
rulemaking; 
    (n) enter into agreements with the federal government and 
other public and private entities to serve as the statewide 
coordinator or host agency for the federal small business 
development center program under United States Code, title 15, 
section 648; and 
    (o) establish an evaluation mechanism to determine if 
assistance providers have adequate expertise and resources to 
deliver quality services.  Evaluation of assistance providers 
may be based on the ability of the provider to offer the 
advertised service, the training and experience of the provider, 
and the formal evaluation process used by the provider.  The 
evaluation mechanism must be designed so that the business 
assistance referral system established by the Minnesota Project 
Outreach Corporation may use the results of the evaluation in 
providing clients with referrals to providers; and 
    (p) assist providers in the evaluation of their programs 
and the assessment of their service area needs.  The bureau may 
establish model evaluation techniques and performance standards 
for providers to use. 
    Sec. 18.  Minnesota Statutes 1992, section 116J.873, 
subdivision 3, is amended to read: 
    Subd. 3.  [GRANT EVALUATION.] The division of community 
development in the department commissioner shall accept, review, 
and evaluate applications for grants to local units of 
government made in accordance with rules adopted for economic 
development grants in the small cities development program.  
Applications recommended for funding, including recommended 
grant awards, shall be submitted by the division to the 
commissioner for approval.  
    Sec. 19.  Minnesota Statutes 1992, section 116J.873, 
subdivision 4, is amended to read: 
    Subd. 4.  [GRANT LIMITS.] An economic recovery grant may 
not be approved for an amount over $500,000.  The division may 
recommend less funding than requested if, in the opinion of the 
division, the amount requested is more than is necessary to meet 
the applicant's needs.  If the amount of the grant is 
reduced less than $500,000, the reasons for the reduction shall 
be given to the applicant. The portion of an economic recovery 
grant that exceeds $100,000 must be repaid to the state when it 
is repaid to the local community or recognized Indian tribal 
government by the person or entity to which it was loaned by the 
local community or Indian tribal government.  Money repaid to 
the state must be credited to the general fund.  
    Sec. 20.  Minnesota Statutes 1992, section 116J.966, 
subdivision 1, is amended to read: 
    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 direct 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; and 
    (11) undertake activities to support the world trade 
center; and 
    (12) enter into contracts or other agreements with private 
persons and public entities, including agreements to establish 
and maintain offices and other types of representation in 
foreign countries, 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. 
    (c) The commissioner shall notify the chairs of the senate 
finance and house appropriations committees of each agreement 
under this subdivision to establish and maintain an office or 
other type of representation in a foreign country.  
    Sec. 21.  Minnesota Statutes 1992, section 116J.980, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DUTIES.] The community development 
division is a division within the department of trade and 
economic development.  It shall:  
    (1) be responsible for administering all state community 
development and assistance programs, including the economic 
recovery account, the outdoor recreation grant program, the 
rural development board programs, the community development 
corporation program, the urban revitalization program, the 
Minnesota public facilities authority loan and grant programs, 
and the enterprise zone program; 
    (2) be responsible for state administration of federally 
funded community development and assistance programs, including 
the small cities development grant program and land and water 
conservation program; 
    (3) provide technical assistance to rural communities for 
community development in cooperation with regional development 
commissions; 
    (4) coordinate the development and review of state rural 
development policies; 
    (5) provide staff and consultant services to the rural 
development board; and 
    (6) be responsible for coordinating community assistance 
and development programs in cooperation with regional 
development commissions. 
    Sec. 22.  Minnesota Statutes 1992, section 116J.980, 
subdivision 2, is amended to read: 
    Subd. 2.  [GENERAL COMPLEMENT AUTHORITY.] The community 
development division department may combine all related state 
and federal complement positions into general fund positions, to 
carry out the responsibilities under subdivision 1.  The number 
of general fund positions must not exceed the aggregate number 
of all state and federal positions that are to be combined.  
Records of the actual number of employee hours charged to each 
state and federal account must be maintained for each general 
fund position. 
    Sec. 23.  Minnesota Statutes 1992, section 137.31, 
subdivision 6, is amended to read: 
    Subd. 6.  [ANNUAL REPORT.] The University of Minnesota 
shall submit an annual report as provided in section 3.195, to 
the governor and the legislature, with a copy to the 
commissioner of trade and economic development administration, 
indicating the progress being made toward the objectives and 
goals of this section.  The report shall include the following 
information: 
    (a) the total dollar value and number of procurement 
contracts identified and set aside during this period and the 
percentage of total value of university procurements that this 
figure reflects; 
    (b) the number of small businesses identified by and 
responding to the university set-aside program, the total dollar 
value and number of procurement contracts actually awarded to 
small businesses with appropriate designation as to the total 
number and value of procurement contracts awarded to each small 
business, and the total number of small businesses that were 
awarded procurement contracts; and 
    (c) the number of procurement contracts which were 
designated and set aside pursuant to this section but which were 
not awarded to a small business, the estimated total dollar 
value of these awards, the lowest offer or bid on each of these 
awards made by the small business, and the price at which these 
contracts were awarded pursuant to regular procurement 
procedures. 
    Sec. 24.  Minnesota Statutes 1992, section 138.93, 
subdivision 4, is amended to read: 
    Subd. 4.  [MASTER PLANS.] The owner shall prepare and 
submit to the regional planning commission a master plan for the 
development and management of the center, in a format and detail 
appropriate for the project.  The regional planning commission 
shall choose a project and report its choice to the Minnesota 
historical society.  The Minnesota historical society shall make 
the master plan available for review and comment by the public 
and other state agencies for at least 30 days.  Copies of the 
master plan shall be submitted to the commissioner of trade and 
economic development for review and comment. 
    Sec. 25.  Minnesota Statutes 1992, section 144.95, 
subdivision 7, is amended to read: 
    Subd. 7.  [RESEARCH PLOTS.] The commissioner of health may 
lease and maintain experimental plots of land for mosquito 
research.  The commissioner of health shall determine the 
locations of the experimental plots and may enter into 
agreements with any public or private agency or individual to 
lease the land.  The commissioners of agriculture, natural 
resources, transportation, and iron range resources and 
rehabilitation, and trade and economic development shall 
cooperate with the commissioner of health.  
    Sec. 26.  Minnesota Statutes 1992, section 173.17, is 
amended to read: 
     173.17 [REMOVAL OF DEVICES; COMPENSATION.] 
    It is hereby declared that where in order to carry out the 
provisions of this chapter it is necessary that property rights 
be acquired, such acquisition is for a public purpose and is 
necessary for a highway purpose.  The commissioner of 
transportation is authorized to acquire by purchase, gift or 
condemnation all advertising devices and all property rights 
pertaining thereto which are prohibited under the provisions of 
this chapter, and any rules promulgated pursuant thereto, 
provided that such advertising devices were in lawful existence 
on June 8, 1971.  In any such acquisition, purchase or 
condemnation, just compensation shall be paid for: 
    (1) The taking from the owner of such sign, display or 
device of all right, title, leasehold and interest in such sign, 
display or device; and 
    (2) The taking from the owner of the real property on which 
such advertising device is located immediately prior to its 
removal or relocation, the right to erect and maintain thereon 
advertising devices, and full compensation therefor, including 
severance damage and damage to the remainder of the outdoor 
advertising plant regardless of whether it is located on 
property contiguous to or a part of that on which such sign is 
located, shall be included in the amounts paid to the respective 
owners.  Provided, however, that no compensation shall be paid 
for severance damage and damage to the remainder of the outdoor 
advertising plant unless federal laws, or rules and regulations 
promulgated by the United States Department of Transportation 
provide for federal participation in the cost of such severance 
damage and damage to the remainder of the outdoor advertising 
plant. 
     (3) Compensation required herein shall be paid to the 
person or persons entitled thereto.  Notwithstanding any other 
provisions of Laws 1971, chapter 883, no advertising device 
shall be required to be removed or relocated unless and until 
the commissioner of transportation shall tender payment to the 
owner of the advertising device and the owner of real property 
upon which the same is located, in cash or check drawn on the 
state treasury, of 100 percent of the amount of just 
compensation required herein, as determined by the commissioner 
of transportation; provided that the acceptance of said tendered 
amount by the person or persons to be compensated shall be 
without prejudice to further rights to have just compensation 
finally determined in accordance with the provisions of Laws 
1971, chapter 883, and to receive any greater or additional 
amount under chapter 117. 
    (4) Notwithstanding any other provision of this chapter, 
including section 173.20, no advertising device which was 
lawfully erected shall be removed until all rights in the 
property, personal or real, have been acquired by purchase, 
gift, or eminent domain proceedings under chapter 117, whether 
or not the advertising device is removed pursuant to this 
chapter or any other statute, ordinance, or regulation of any 
political subdivision of the state or local zoning authority.  
    The Minnesota department of transportation with the 
assistance and cooperation of the department of trade and 
economic development shall make recommendations to the standing 
committees on transportation of both houses of the legislature 
by February 1, 1982 for a comprehensive directional signing 
program.  
    Sec. 27.  Minnesota Statutes 1992, section 216B.242, is 
amended to read: 
    216B.242 [INVERTED RATES.] 
    The commission may initiate a program designed to 
demonstrate the effect of inverted rates on promoting 
conservation by the residential customers of natural gas 
utilities.  Any inverted rates ordered by the commission shall 
present customers with a tailblock price that, to the maximum 
extent practicable, reflects the replacement cost of gas.  Total 
revenues collected from customers involved in this pilot program 
may not exceed those that would be collected under a flat rate.  
The commission may order one public gas utility to implement a 
pilot program of inverted rates for residential customers and to 
monitor the effects of these rates on gas consumption, and on 
costs to residential customers.  The program shall include a 
sufficient number of residential customers to provide 
statistically significant conclusions regarding the effects and 
costs of inverted rates.  The inverted rate schedules and 
monitoring plans shall be prepared in consultation with the 
commissioner of trade and economic development.  
    Sec. 28.  Minnesota Statutes 1992, section 216C.37, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITIONS.] In this section:  
    (a) "Commissioner" means the commissioner of public 
service.  Upon passage of legislation creating a body known as 
the Minnesota public facilities authority, the duties assigned 
to the commissioner in this section are delegated to the 
authority.  
    (b) "Maxi-audit" means a detailed engineering analysis of 
energy-saving improvements to existing buildings or stationary 
energy-using systems, including (1) modifications to building 
structures; (2) heating, ventilating, and air conditioning 
systems; (3) operation practices; (4) lighting; and (5) other 
factors that relate to energy use.  The primary purpose of the 
engineering analysis is to quantify the economic and engineering 
feasibility of energy-saving improvements that require capital 
expenditures or major operational modifications.  
    (c) "Energy conservation investments" mean all capital 
expenditures that are associated with conservation measures 
identified in a maxi-audit and that have a ten-year or less 
payback period.  Public school districts that received a federal 
institutional building grant in 1984 to convert a heating system 
to wood, and that apply for an energy conservation investment 
loan to match a federal grant for wood conversion, shall be 
allowed to calculate payback of conservation measures based on 
the costs of the traditional fuel in use prior to the wood 
conversion. 
     (d) "Municipality" means any county, statutory or home rule 
charter city, town, school district, or any combination of those 
units operating under an agreement to jointly undertake projects 
authorized in this section.  
    Sec. 29.  Minnesota Statutes 1992, section 299A.01, 
subdivision 2, is amended to read: 
    Subd. 2.  [DUTIES OF COMMISSIONER.] The duties of the 
commissioner shall include the following: 
    (a) the coordination, development and maintenance of 
services contracts with existing state departments and agencies 
assuring the efficient and economic use of advanced business 
machinery including computers; 
    (b) the execution of contracts and agreements with existing 
state departments for the maintenance and servicing of vehicles 
and communications equipment, and the use of related buildings 
and grounds; 
    (c) the development of integrated fiscal services for all 
divisions, and the preparation of an integrated budget for the 
department; 
    (d) the establishment of a planning bureau within the 
department, which bureau shall consult and coordinate its 
activities with the commissioner of trade and economic 
development. 
    Sec. 30.  Minnesota Statutes 1992, section 446A.03, 
subdivision 1, is amended to read: 
    Subdivision 1.  [MEMBERSHIP.] The Minnesota public 
facilities authority consists of the commissioner of trade and 
economic development, the commissioner of finance, the 
commissioner of public service, the commissioner of the 
pollution control agency, and three additional members appointed 
by the governor from the general public with the advice and 
consent of the senate. 
    Sec. 31.  Minnesota Statutes 1992, section 446A.10, 
subdivision 2, is amended to read: 
    Subd. 2.  [OTHER RESPONSIBILITIES.] (a) The 
responsibilities for the health care equipment loan program 
under Minnesota Statutes 1986, section 116M.07, subdivisions 7a, 
7b, and 7c; the public school energy conservation loan program 
under section 216C.37;, and the district heating and qualified 
energy improvement loan program under section 216C.36, are 
transferred from the Minnesota energy and economic development 
authority to the Minnesota public facilities authority.  The 
commissioner of public service shall continue to administer the 
municipal energy grant and loan programs under section 216C.36 
and the school energy loan program under section 216C.37 until 
the commissioner of trade and economic development has adopted 
rules to implement the financial administration of the programs 
as provided under sections section 216C.36, subdivisions 2, 3b, 
3c, 8, 8a, and 11, and 216C.37, subdivisions 1 and 8. 
    (b) Except as otherwise provided in this paragraph, section 
15.039 applies to the transfer of responsibilities.  The 
transfer includes 8-1/2 positions from the financial management 
division of the department of trade and economic development to 
the community development division of the department of trade 
and economic development.  The commissioner of trade and 
economic development and the commissioner of public service 
shall determine which classified and unclassified positions 
associated with the responsibilities of the grant and loan 
programs under section 216C.36 and the school energy loan 
program under section 216C.37 are transferred to the 
commissioner of public service and which positions are 
transferred to the commissioner of trade and economic 
development in order to carry out the purposes of Laws 1987, 
chapter 386, article 3. 
    Sec. 32.  Minnesota Statutes 1992, section 473.857, 
subdivision 2, is amended to read: 
    Subd. 2.  A hearing shall be conducted within 60 days after 
the request, provided that the committee shall consolidate 
hearings on related requests. The hearing shall not consider the 
need for or reasonableness of the metropolitan system plans or 
parts thereof.  The hearing shall afford all interested persons 
an opportunity to testify and present evidence.  The advisory 
committee or administrative law judge may employ the appropriate 
technical and professional services of the commissioner office 
of trade and economic development dispute resolution for the 
purpose of evaluating disputes of fact.  The proceedings shall 
not be deemed a contested case.  Within 30 days after the 
hearing, the committee or hearing examiner shall report to the 
council respecting the proposed amendments to the system 
statements.  The report shall contain findings of fact, 
conclusions, and recommendations and shall apportion the costs 
of the proceedings among the parties. 
    Sec. 33.  Minnesota Statutes 1992, section 473H.06, 
subdivision 5, is amended to read: 
    Subd. 5.  The metropolitan council shall maintain 
agricultural preserve maps, illustrating (a) certified long term 
agricultural lands; and (b) lands covenanted as agricultural 
preserves.  The council shall make yearly reports to the 
commissioner of trade and economic development, the department 
of agriculture, and such other agencies as the council deems 
appropriate.  
    Sec. 34.  Minnesota Statutes 1992, section 641.24, is 
amended to read: 
     641.24 [LEASING.] 
     The county may, by resolution of the county board, enter 
into a lease agreement with any statutory or home rule charter 
city situated within the county, or a county housing and 
redevelopment authority established pursuant to chapter 469 or 
any special law whereby the city or county housing and 
redevelopment authority will construct a jail or other law 
enforcement facilities for the county sheriff, deputy sheriffs, 
and other employees of the sheriff and other law enforcement 
agencies, in accordance with plans prepared by or at the request 
of the county board and, when required, approved by the 
commissioner of corrections and will finance it by the issuance 
of revenue bonds, and the county may lease the site and 
improvements for a term and upon rentals sufficient to produce 
revenue for the prompt payment of the bonds and all interest 
accruing thereon and, upon completion of payment, will acquire 
title thereto.  The real and personal property acquired for the 
jail shall constitute a project and the lease agreement shall 
constitute a revenue agreement as contemplated in chapter 469, 
and all proceedings shall be taken by the city or county housing 
and redevelopment authority and the county in the manner and 
with the force and effect provided in chapter 469; provided that:
     (1) no tax shall be imposed upon or in lieu of a tax upon 
the property; 
     (2) the approval of the project by the commissioner of 
commerce shall not be required; 
    (3) the department of corrections shall be furnished and 
shall record such information concerning each project as it may 
prescribe, in lieu of reports required on other projects to the 
commissioner of trade and economic development; 
    (4) the rentals required to be paid under the lease 
agreement shall not exceed in any year one-tenth of one percent 
of the market value of property within the county, as last 
finally equalized before the execution of the agreement; 
    (5) the county board shall provide for the payment of all 
rentals due during the term of the lease, in the manner required 
in section 641.264, subdivision 2; 
    (6) no mortgage on the property shall be granted for the 
security of the bonds, but compliance with clause (5) hereof may 
be enforced as a nondiscretionary duty of the county board; and 
    (7) the county board may sublease any part of the jail 
property for purposes consistent with the maintenance and 
operation of a county jail or other law enforcement facility. 
    Sec. 35.  [REPEALER.] 
    Minnesota Statutes 1992, sections 84.54; 86A.10; 116J.01, 
subdivision 3; 116J.615, subdivision 2; 116J.645; 116J.661; 
116J.982, subdivisions 6a, 8, and 9; 116J.983; 116J.984; 
301A.01; 301A.02; 301A.03; 301A.04; 301A.05; 301A.06; 301A.07; 
301A.08; 301A.09; 301A.10; 301A.11; 301A.12; 301A.13; and 
301A.14, are repealed. 

                                ARTICLE 2
    Section 1.  Minnesota Statutes 1992, section 116N.04, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GENERAL DUTIES.] The board shall 
investigate and evaluate new methods to enhance rural 
development, particularly methods relating to energy 
conservation and economic diversification through private 
enterprises, including technologically innovative industries, 
value-added manufacturing, agriprocessing, information 
industries, and agricultural marketing, and renewable energy 
technologies. 
    Sec. 2.  Minnesota Statutes 1992, section 116O.02, 
subdivision 6, is amended to read: 
    Subd. 6.  [TECHNOLOGY-RELATED ASSISTANCE.] 
"Technology-related assistance" means the transfer of 
technological information and technologies to assist in the 
development and production of new technology-related products or 
services or to increase the productivity or otherwise enhance 
the production or delivery of existing products or services. 
"Technology-related assistance" includes assistance in utilizing 
and developing processes and products that conserve energy. 
    Sec. 3.  Minnesota Statutes 1992, section 116O.03, 
subdivision 1a, is amended to read: 
    Subd. 1a.  [PURPOSE.] The purpose of the corporation is to 
foster long-term economic growth and job creation by stimulating 
innovation and the development of new products, services, and 
production processes through energy conservation, technology 
transfer, applied research, and financial assistance.  The 
corporation's purpose is not to create new programs or services 
but to build on the existing educational, business, and economic 
development infrastructure.  The primary focus of the 
corporation's activities must be to benefit new or existing 
small and medium-sized businesses in greater Minnesota. 
    Sec. 4.  Minnesota Statutes 1992, section 116O.04, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GENERALLY.] The board shall appoint and 
set the compensation for a president, who serves as chief 
executive officer of the corporation, and who may appoint 
subordinate officers.  The president's salary may not exceed 95 
percent of the governor's salary.  The board may designate the 
president as its general agent.  Subject to the control of the 
board, the president shall employ employees, consultants, and 
agents the president considers necessary.  The staff of the 
corporation must include individuals knowledgeable in commercial 
and industrial financing, energy conservation, research and 
development, economic development, and general fiscal affairs.  
The board shall define the duties and designate the titles of 
the employees and agents. 
    Sec. 5.  Minnesota Statutes 1992, section 116O.05, 
subdivision 2, is amended to read: 
    Subd. 2.  [DUTIES.] (a) The primary duties of the 
corporation shall include:  
    (1) applied research; and 
    (2) technology transfer and early stage funding to small 
manufacturers.  
    (b) The corporation shall also: 
    (1) establish programs, activities, and policies that 
provide technology transfer and applied research and development 
assistance to individuals, sole proprietorships, partnerships, 
corporations, other business entities, and nonprofit 
organizations in the state that are primarily new and existing 
small and medium-sized businesses in greater Minnesota; 
    (2) provide or provide for technology-related assistance to 
individuals, sole proprietorships, partnerships, corporations, 
other business entities, and nonprofit organizations; 
    (3) provide financial assistance under section 116O.06 to 
assist the development of new products, services, or production 
processes, to assist in energy conservation, or to assist in 
bringing new products or services to the marketplace; 
    (4) provide or provide for research services including 
on-site research and testing of production techniques and 
product quality; 
    (5) establish and operate regional research institutes as 
provided for in section 116O.08; 
    (6) make matching research grants for applied research and 
development to public and private post-secondary education 
institutes as provided for in section 116O.11; 
    (7) enter into contracts for establishing formal 
relationships with public or private research institutes or 
facilities; 
    (8) establish the agricultural utilization research 
institute under section 116O.09; and 
    (9) not duplicate existing services or activities provided 
by other public and private organizations but shall build on the 
existing educational, business, and economic development 
infrastructure. 
    Sec. 6.  Minnesota Statutes 1992, section 116O.06, 
subdivision 1, is amended to read: 
    Subdivision 1.  [FINANCIAL ASSISTANCE; TYPES.] The 
corporation may provide financial assistance to individuals, 
sole proprietorships, partnerships, corporations, other business 
entities, or nonprofit organizations that have (1) received 
research assistance from a corporation research facility or as a 
result of a research grant under section 116O.09, subdivision 4, 
or 116O.11; or (2) received favorable review through a peer 
review process established under guidelines developed under 
section 116O.10, subdivision 2.  Financial assistance includes, 
but is not limited to, loan guarantees or insurance, direct 
loans, and interest subsidy payments.  The corporation may 
participate in loans by purchasing from a lender up to 50 
percent of each loan.  Financial assistance under this section 
is for assisting in the financing of a business's debt 
financing, energy conservation, product development financing, 
or working capital needs. 
    Sec. 7.  Minnesota Statutes 1992, section 116O.08, 
subdivision 2, is amended to read: 
    Subd. 2.  [PURPOSE.] The purpose of the institutes is to 
provide applied research and development services to 
individuals, businesses, or organizations for the purposes of 
developing the region's economy through the utilization of the 
region's resources and the development of technology.  Research 
and development services may include energy conservation 
consultations, on-site research, product development grants, 
testing of production techniques and product quality and 
feasibility studies. 
    Sec. 8.  [ENERGY AND ECONOMIC DEVELOPMENT PROJECT.] 
    Minnesota Technology, Inc., must by February 1, 1994, 
notify the chairs of the legislative committees with 
jurisdiction in energy or economic development issues of its 
efforts in providing energy conservation assistance to employers 
and of the economic value to businesses of that assistance. 
    Presented to the governor May 11, 1993 
    Signed by the governor May 14, 1993, 9:09 a.m.