Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1993, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1993
CHAPTER 369-H.F.No. 1650
An act relating to the organization and operation of
state government; appropriating money for community
development and certain agencies of state government,
with certain conditions; establishing and modifying
certain programs; providing for regulation of certain
activities and practices; providing for accounts,
assessments, and fees; eliminating or transferring
certain agency powers and duties; requiring studies
and reports; amending Minnesota Statutes 1992,
sections 3.30, subdivision 2, as amended; 15.38, by
adding a subdivision; 15.50, subdivision 2; 16A.128,
subdivision 2; 16A.28, by adding a subdivision;
16A.72; 16B.06, subdivision 2a; 44A.01, subdivisions 2
and 4; 44A.025; 82.21, by adding a subdivision;
116J.617; 116J.982; 216B.62, subdivisions 3 and 5;
237.295, subdivision 2, and by adding a subdivision;
239.011, subdivision 2; 239.10; 239.791, subdivisions
6 and 8; 239.80, subdivisions 1 and 2; 257.0755;
268.022, subdivisions 1 and 2; 268.361, subdivisions 6
and 7; 268.362; 268.363; 268.364, subdivisions 1, 3,
and by adding a subdivision; 268.365, subdivision 2;
268.55; 268.914, subdivision 1; 268.975, subdivisions
3, 4, 6, 7, 8, and by adding subdivisions; 268.976,
subdivision 2; 268.978, subdivision 1; 268.98;
298.2211, subdivision 3; 298.2213, subdivision 4;
298.223, subdivision 2; 298.28, subdivision 7;
298.296, subdivision 1; 303.13, subdivision 1; 303.21,
subdivision 3; 322A.16; 333.20, subdivision 4; 333.22,
subdivision 1; 336.9-403; 336.9-404; 336.9-405;
336.9-406; 336.9-407; 336.9-413; 336A.04, subdivision
3; 336A.09, subdivision 2; 349A.10, subdivision 5;
359.01, subdivision 3; 359.02; 386.65; 386.66; 386.67;
386.68; 386.69; 462A.057, subdivision 1; 462A.21, by
adding subdivisions; and 469.011, subdivision 4;
proposing coding for new law in Minnesota Statutes,
chapters 116J; 116M; 129D; 239; 268; 386; 462A; and
504; proposing coding for new law as Minnesota
Statutes, chapter 138A; repealing Minnesota Statutes
1992, sections 44A.12; 138.97; 239.05, subdivision 2c;
239.52; 239.78; 268.365, subdivision 1; 268.914,
subdivision 2; 268.977; 268.978, subdivision 3;
386.61, subdivision 3; 386.63; 386.64; and 386.70.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [COMMUNITY DEVELOPMENT; APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another fund named, to
the agencies and for the purposes specified in this article, to
be available for the fiscal years indicated for each purpose.
The figures "1993," "1994," and "1995," where used in this
article, mean that the appropriation or appropriations listed
under them are available for the year ending June 30, 1993, June
30, 1994, or June 30, 1995, respectively.
SUMMARY BY FUND
1993 1994 1995 TOTAL
General $ 541,000 $ 181,368,000 $ 158,594,000 $ 340,503,000
Environmental 434,000 434,000 868,000
Trunk Highway 667,000 667,000 1,334,000
Workers' Comp. 21,976,000 15,663,000 37,639,000
TOTAL 541,000 204,445,000 175,358,000 380,344,000
APPROPRIATIONS
Available for the Year
Ending June 30
1993 1994 1995
Sec. 2. TRADE AND ECONOMIC DEVELOPMENT
Subdivision 1. Total
Appropriation $ 500,000 $ 40,504,000 $ 24,461,000
Summary by Fund
General 39,627,000 23,584,000
Environmental 210,000 210,000
Trunk Highway 667,000 667,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Community
Development
24,288,000 8,828,000
$50,000 is for the purposes of the
youth entrepreneurship education
program to be available until June 30,
1995. $30,000 is for a teacher
training program. $20,000 is for
creation of a resource center and
revolving loan fund. This
appropriation is only available as
matched, dollar for dollar, by
contributions from nonstate sources.
Contributions may be made in kind.
$1,000,000 the first year is for
transfer to the tourism loan account in
the special revenue fund for the
tourism loan program under Minnesota
Statutes, section 116J.617.
$100,000 the first year and $100,000
the second year is for the affirmative
enterprise program. The appropriation
is available until expended.
$50,000 the first year and $50,000 the
second year is for making grants and
entering contracts under Minnesota
Statutes, section 116J.982.
$25,000 the first year is for
concentrated area action plans.
$6,000,000 the first year is for
transfer to the revolving loan fund
account in the special revenue fund for
the urban challenge grant program under
Minnesota Statutes, section 116M.18.
$6,000,000 the first year is for
transfer to the regional revolving loan
fund account in the special revenue
fund for the challenge grant program to
regional organizations under Minnesota
Statutes, section 116N.08.
$5,517,000 the first year and
$5,517,000 the second year are for
economic recovery grants, of which
$500,000 may be used for the purposes
of the capital access program.
$226,000 the first year and $226,000
the second year are for the small
cities federal match.
$500,000 the first year is for transfer
to the capital access account in the
special revenue fund for the capital
access program under Minnesota
Statutes, section 116J.876.
Subd. 3. Minnesota Trade Office
2,026,000 2,040,000
$105,000 the first year and $105,000
the second year are for the foreign
international information network.
Subd. 4. Tourism
7,272,000 6,742,000
Summary by Fund
General 6,605,000 6,075,000
Trunk Highway 667,000 667,000
To develop maximum private sector
involvement in tourism, $2,000,000 the
first year and $2,000,000 the second
year of the amounts appropriated for
marketing activities are contingent
upon receipt of an equal contribution
of nonstate sources that have been
certified by the commissioner. Up to
one-half of the match may be given in
in-kind contributions. This
appropriation may not be expended until
the money is matched.
In order to maximize marketing grant
benefits, the commissioner must give
priority for joint venture marketing
grants to organizations with year-round
sustained tourism activities. For
programs and projects submitted, the
commissioner must give priority to
those that encompass two or more areas
or that attract nonresident travelers
to the state.
Any unexpended funds from general fund
appropriations made under this
subdivision shall not cancel but shall
be placed in a special advertising
account for use by the office of
tourism to purchase additional media.
If an appropriation for either year for
grants is not sufficient, the
appropriation for the other year is
available for it.
$30,000 the first year is for the
international ringette tournament to be
held in South St. Paul and Rosemount in
1994.
Up to $300,000 the first year is for
promoting the women's final four
basketball tournament to be held in
1995. This appropriation must be
matched by nonstate sources on a
one-to-one basis.
$200,000 is for tourism promotion and
marketing.
$214,000 the first year and $214,000
the second year are for the Minnesota
film board. This appropriation is
available only upon receipt by the
board of $1 in matching contributions
of money or in-kind from nonstate
sources for every $3 provided by this
appropriation.
$25,000 each year is for the Lake
Superior Center Authority.
Of the amount appropriated for the
joint venture program, up to $30,000
the first year and up to $30,000 the
second year are available to the
Minnesota Indian tourism association.
This appropriation must be matched by
nonstate sources on a one-to-one basis.
The commissioner may use grant dollars
or the value of in-kind services to
provide the state contribution for the
joint venture grant program.
The office of tourism shall: (1)
analyze what travel offices of the 50
states and selected foreign governments
are doing to promote tourism, including
but not limited to organizational
structure, funding sources, and
marketing programs; and (2) rank
Minnesota's position among the states
and countries studied. The office, in
consultation with representatives of
Minnesota's tourism industry, shall
report to the legislature and the
governor by January 1, 1994. The
report must recommend options for
improving the state's competitive
position in the industry. The
recommendations should deal with
assignment of responsibility within
state government, funding options for
the office of tourism, changes in state
law that would enhance tourism, and the
creation of a statewide tourism policy.
The commissioner of revenue may
disclose the name, address, and phone
number of a travel or tourism related
business that is authorized to collect
sales and use tax to the office of
tourism within the department of trade
and economic development to be used
only within the office of tourism for
purposes of contacting travel or
tourism related businesses.
Subd. 5. Business Development and
Analysis
500,000 5,157,000 5,077,000
Summary by Fund
General 500,000 4,947,000 4,867,000
Environmental 210,000 210,000
$200,000 the first year and $200,000
the second year are for grants to
Advantage Minnesota, Inc. The funds
are available only if matched on at
least a dollar-for-dollar basis from
other sources. The commissioner may
release the funds only upon:
(1) certification that matching funds
from each participating organization
are available; and
(2) review and approval by the
commissioner of the proposed operations
plan of Advantage Minnesota, Inc. for
the biennium.
$450,000 the first year and $450,000
the second year are for the state's
match for the federal small business
development centers. If funding in one
year is insufficient, the other year's
appropriation is available.
$1,088,000 each year is for job skills
partnership grants.
$190,000 the first year and $190,000
the second year are for WomenVenture,
Inc.
$65,000 the first year and $65,000 the
second year are for Metropolitan
Economic Development Associations, Inc.
$500,000 in fiscal year 1993 is for job
skills partnership grants.
$25,000 in fiscal year 1994 and $25,000
in fiscal year 1995 are for a grant to
the North Metro Business Retention and
Development Commission for the second
and third stages of the multicommunity
business retention and market expansion
pilot project. This appropriation is
available only upon demonstration of a
dollar-for-dollar cash match from the
commission. The commission shall share
all results and written reports with
the department of trade and economic
development.
Subd. 6. Administration
1,761,000 1,774,000
Sec. 3. MINNESOTA TECHNOLOGY,
INCORPORATED 7,832,000 7,834,000
$5,198,000 the first year and
$5,198,000 the second year are for
transfer from the general fund to the
Minnesota Technology, Inc. fund.
$494,000 the first year and $ 494,000
the second year are for grants to
Minnesota Project Innovation.
$947,000 the first year and $947,000
the second year are for grants to
Minnesota Project Outreach.
$71,000 the first year and $71,000 the
second year are for grants to Minnesota
Inventors Congress.
$947,000 the first year and $947,000
the second year are for grants to
Natural Resources Research Institute.
$88,000 the first year and $88,000 the
second year are for grants to Minnesota
Council for Quality.
$50,000 the first year and $50,000 the
second year are for grants to Minnesota
High Tech Corridor Corporation.
$75,000 the first year and $75,000 the
second year are for grants to Cold
Weather Research Center.
Sec. 4. MINNESOTA WORLD TRADE
CENTER CORPORATION 200,000
This appropriation is to pay the
accrued operating costs and debt
services, including principal and
interest, of the corporation. This
appropriation in no way constitutes a
commitment or obligation by the state
of Minnesota to make any payments on
obligations of the corporation
outstanding as of July 1, 1993. This
section is intended to make it clear
that the state of Minnesota is not and
never has been nor will be responsible
for the obligations of the corporation.
This appropriation and money in the
corporation accounts are the only money
available to the board to make any
payment of an obligation of the
corporation.
This appropriation is available until
June 30, 1995. Balances in the world
trade center corporation account in the
special revenue fund on June 30, 1995,
shall be transferred to the general
fund.
Sec. 5. JOBS AND TRAINING 48,879,000 46,895,000
Subdivision 1. Rehabilitation Services
17,612,000 17,612,000
Of this appropriation, $100,000 in each
year is for a cost-of-living adjustment
in the Extended Employment Services
program in order to maintain the
current caseload to the extent possible
within this appropriation.
For the biennium ending June 30, 1995,
at least 38 percent of the vocational
rehabilitation activity budget must be
directed toward grants, which are
budgeted as aid to individuals and
local assistance categories of expense.
The commissioner shall apply for all
available federal grants for services
to handicapped including funds for the
independent living center.
Subd. 2. State Services for the Blind
3,588,000 3,605,000
This appropriation may be supplemented
by funds provided by the Friends of the
Communication Center, for support of
Services for the Blind's Communication
Center which serves all blind and
visually handicapped Minnesotans. The
commissioner shall report to the
legislature on a biennial basis the
funds provided by the Friends of the
Communication Center.
Subd. 3. Job Service
$100,000 is appropriated to the
commissioner of jobs and training for
the biennium ending June 30, 1995, for
the uniform business identifier study.
Subd. 4. Community Services
27,579,000 25,678,000
$880,000 is appropriated from the
general fund to the commissioner of
jobs and training for operating costs
of transitional housing programs under
Minnesota Statutes, section 268.38. Of
this appropriation, $440,000 is for the
first year and $440,000 is for the
second year.
$4,200,000 for the first year and
$5,550,000 for the second year is
appropriated from the general fund to
the commissioner of the department of
jobs and training for Minnesota
economic opportunity grants to
community action agencies. This
appropriation is to replace federal
funds that are no longer available to
community action agencies because of
new federal restrictions on the
authority to transfer block grant money
from the federal Low-Income Home Energy
Assistance program to the federal
Community Services Block grant.
For the biennium ending June 30, 1995,
the commissioner shall transfer to the
low-income home weatherization program
at least five percent of money received
under the low-income home energy
assistance block grant in each year of
the biennium and shall spend all of the
transferred money during the year of
the transfer or the year following the
transfer. Up to 1.63 percent of the
transferred money may be used by the
commissioner for administrative
purposes.
For the biennium ending June 30, 1995,
no more than 1.63 percent of money
remaining under the low-income home
energy assistance program after
transfers to the weatherization program
may be used by the commissioner for
administrative purposes.
The state appropriation for the
temporary emergency food assistance
program may be used to meet the federal
match requirements.
Of the money appropriated for the
summer youth employment programs for
fiscal year 1994, $750,000 is
immediately available. Any remaining
balance of the immediately available
money is available for the year in
which it is appropriated. If the
appropriation for either year of the
biennium is insufficient, money may be
transferred from the appropriation for
the other year.
Notwithstanding Minnesota Statutes,
section 268.022, subdivision 2, the
commissioner of finance shall transfer
to the general fund from the dedicated
fund $3,054,000 in the first year and
$2,303,000 in the second year of the
money collected through the special
assessment established in Minnesota
Statutes, section 268.022, subdivision
1.
Of this appropriation, $5,554,000 the
first year and $2,303,000 the second
year are for summer youth employment
programs.
Of this appropriation, $100,000 is to
train and certify community action
agency weatherization programs to
comply with the requirements of
Minnesota Statutes, section 144.878,
subdivision 5. * (The preceding
sentence starting "Of" was vetoed by
the governor.) Of this appropriation,
$400,000 is to be used for swab teams
with priority to be given to those swab
teams in greater Minnesota which are
affiliated with community action
agencies and to those swab teams in
cities of the first class which are
affiliated with community action
agencies or neighborhood-based
nonprofit organizations. 3.75 percent
of the allocation may be used for
administrative costs. Any unencumbered
balance remaining in the first year
does not cancel but is available for
the second year.
Of this appropriation, $1,200,000 is
for the food shelf program.
Of this appropriation, $400,000 is for
youth employment and for housing for
the homeless through the YOUTHBUILD
program.
Of the appropriation for the Minnesota
economic opportunity grant, the
commissioner may use up to nine percent
each year for state operations.
Of the appropriation for Head Start,
the commissioner of the department of
jobs and training may use up to two
percent each year for state operations.
Sec. 6. HOUSING FINANCE AGENCY
Subdivision 1. Total
Appropriation 21,282,000 17,532,000
This appropriation is for transfer to
the housing development fund for the
programs specified.
Any state appropriations used to meet
match requirements under Title II of
the National Affordable Housing Act of
1990, Public Law Number 101-625, 104
Stat. 4079, must be repaid, to the
extent required by federal law, to the
HOME Investment Trust Fund established
by the department of housing and urban
development pursuant to Title II of the
National Affordable Housing Act of 1990
for the state of Minnesota or for the
appropriate participating jurisdiction.
State appropriations to the Minnesota
housing finance agency may be granted
by the agency to cities or nonprofit
organizations to the extent necessary
to meet match requirements under Title
II of the National Affordable Housing
Act of 1990, Public Law Number 101-625,
104 Stat. 4079, provided that other
program requirements are met.
Spending limit on cost of general
administration of agency programs:
1994 1995
8,990,000 9,305,000
$1,250,000 the first year and
$1,250,000 the second year are for a
rental housing assistance program for
persons with a mental illness or
families with an adult member with a
mental illness under Minnesota
Statutes, section 462A.21, subdivision
8c. This appropriation includes
$50,000 in each year for the mental
illness crisis housing assistance
account.
$250,000 the first year and $250,000
the second year are for the home
sharing program under Minnesota
Statutes, section 462A.05, subdivision
24.
$3,443,000 the first year and
$3,493,000 the second year are for the
affordable rental investment fund
program. Affordable rental investment
assistance includes loans, credit
enhancement, and coinsurance
participation.
$550,000 the first year and $550,000
the second year are for the
acquisition, rehabilitation, or
construction of transitional housing
units.
$2,000,000 the first year and
$2,000,000 the second year are for the
community rehabilitation fund
program. * (The language "and
$2,000,000 the second year are" in the
preceding sentence was vetoed by the
governor.)
$100,000 the first year and $100,000
the second year are for the capacity
building grant program under Minnesota
Statutes, section 462A.21, subdivision
3b.
$187,000 the first year and $187,000
the second year are for the urban
Indian housing program under Minnesota
Statutes, section 462A.07, subdivision
15.
$1,683,000 the first year and
$1,683,000 the second year are for the
tribal Indian housing program under
Minnesota Statutes, section 462A.07,
subdivision 14.
$186,000 the first year and $186,000
the second year are for the Minnesota
rural and urban homesteading program
under Minnesota Statutes, section
462A.057.
The agency may use up to $1,000,000 of
available resources for the purpose of
making loans under the Minnesota rural
and urban homesteading program
established under Minnesota Statutes,
section 462A.057, subdivision 1. The
commissioner shall report to the
relevant finance divisions in the house
of representatives and senate on the
outcomes of this program January 15 of
each year.
$4,287,000 the first year and
$4,287,000 the second year are for the
housing rehabilitation and
accessibility program under Minnesota
Statutes, section 462A.05, subdivision
14a.
Of this appropriation, $1,798,000 the
first year and $1,798,000 the second
year are for the Housing Trust Fund to
be deposited in the housing trust fund
account created under Minnesota
Statutes, section 462A.201, and used
for the purposes provided in that
section.
$1,500,000 the first year and
$1,500,000 the second year are for the
rent assistance for family
stabilization program under Minnesota
Statutes, section 462A.205.
$40,000 the first year and $40,000 the
second year are for a grant to the
Minnesota Housing Partnership to be
used for grants to the regional housing
network organizations that provide
housing and homeless prevention
information and assistance in greater
Minnesota. The regional housing
network organizations must use any
grant funds received under this section
to match private sources of money.
Of this appropriation, $3,750,000 is
for family homeless prevention and
assistance program.
Of this appropriation, $183,000 each
year is for the emergency mortgage
foreclosure prevention and emergency
rental assistance program.
Of this appropriation, $25,000 each
year is for home equity counseling
grants.
Of this appropriation, $50,000 is for a
grant to the Northwest Hennepin Human
Services Council for a human services
enterprise zone demonstration project
for coordinated delivery of social
services. The pilot project must
design a program to:
(1) establish a zone by setting service
delivery boundaries;
(2) assess barriers to coordinated
delivery of housing assistance, health
services, family services, and related
human service assistance;
(3) develop methods to simplify service
delivery and encourage collaboration
among service providers;
(4) develop cooperative service
agreements between agencies and units
of government, including municipal,
county, state, and federal government
units and agencies, school districts,
post-secondary education institutions,
and other service providers including
representatives of organized labor;
(5) seek waivers of regulations that
are barriers to cooperation; and
(6) evaluate the human service
enterprise zone to determine how it may
be adapted to serve as a model for the
delivery of human services.
By February 1, 1994, the grantee shall
prepare an interim report for the
agency with findings and
recommendations on program design. The
agency shall report to the legislature
by December 1, 1995, on the
implementation of the demonstration
project to develop a model human
services enterprise zone.
Sec. 7. COMMERCE
Subdivision 1. Total
Appropriation 14,418,000 14,438,000
Summary by Fund
General 13,867,000 13,886,000
Environmental 224,000 224,000
Special Revenue 327,000 328,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Financial Examinations
5,954,000 6,089,000
Subd. 3. Registration and Analysis
2,661,000 2,523,000
Subd. 4. Petroleum Tank Release
Cleanup Board
224,000 224,000
This appropriation is from the
petroleum tank release cleanup account
in the environmental fund for
administration.
Subd. 5. Administrative Services
2,139,000 2,173,000
Subd. 6. Enforcement and Licensing
3,440,000 3,429,000
Summary by Fund
General 3,113,000 3,101,000
Special Revenue 327,000 328,000
$327,000 the first year and $328,000
the second year are from the real
estate education, research, and
recovery account in the special revenue
fund for the purpose of Minnesota
Statutes, section 82.34, subdivision
6. If the appropriation from the
special revenue fund for either year is
insufficient, the appropriation for the
other year is available for it.
Sec. 8. NON-HEALTH-RELATED BOARDS
Subdivision 1. Total for this
section 1,247,000 1,232,000
Subd. 2. Board of Accountancy 466,000 474,000
Subd. 3. Board of Architecture,
Engineering, Land Surveying,
Landscape Architecture, and
Interior Design 591,000 568,000
Subd. 4. Board of Barber
Examiners 126,000 126,000
Subd. 5. Board of Boxing 64,000 64,000
Sec. 9. LABOR AND INDUSTRY
Subdivision 1. Total
Appropriation 26,024,000 19,710,000
Summary by Fund
General 4,048,000 4,047,000
Workers'
Compensation 21,976,000 15,663,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Workers' Compensation
Regulation and Enforcement
14,961,000 9,410,000
Summary by Fund
General 100,000 100,000
Workers' Comp. 14,861,000 9,310,000
$5,000,000 the first year from the
special compensation fund is for the
Daedalus imaging systems project. This
appropriation must not be allotted
until the commissioner certifies that
all information policy office
requirements for this project have been
met or will be met. This appropriation
is available for either year of the
biennium.
$100,000 in the first year and $100,000
in the second year are for grants to
the Vinland Center for rehabilitation
service.
Fee receipts collected as a result of
providing direct computer access to
public workers' compensation data on
file with the commissioner must be
credited to the general fund.
Subd. 3. Workplace Services
5,455,000 4,744,000
Summary by Fund
General 2,704,000 2,703,000
Workers' Comp. 2,751,000 2,041,000
This appropriation includes the
transfer of the industrial hygiene
activity from the department of
health. The appropriation for this
activity is from the special
compensation fund.
$710,000 the first year from the
special compensation fund is for
litigation of alleged ergonomic
violations cases under the occupational
safety and health act (OSHA). This
appropriation is available for either
year of the biennium.
Subd. 4. General Support
5,608,000 5,556,000
Summary by Fund
General 1,244,000 1,244,000
Workers'
Compensation 4,364,000 4,312,000
$204,000 the first year and $204,000
the second year are for labor education
and advancement program grants.
Sec. 10. PUBLIC UTILITIES
COMMISSION 41,000 3,371,000 3,071,000
Notwithstanding Minnesota Statutes,
section 216B.243, subdivision 6, for
any certificate of need application for
expansion of the storage capacity for
spent nuclear fuel rods, the commission
and department shall assess actual
amounts billed by the office of
administrative hearings and up to
$300,000 of reasonable costs of the
commission and department pursuant to
Minnesota Statutes, section 216B.62,
subdivision 6, during the biennium,
subject to the limitations of Minnesota
Statutes, section 216B.62, subdivision
2.
$282,000 the first year and $35,000 the
second year are for an electronic
storage and retrieval system. This
appropriation must not be allotted
until the chair of the commission
certifies that all information policy
office requirements for this project
have been met or will be met. Any
unencumbered balance remaining in the
first year does not cancel but is
available for the second year.
$30,000 the first year is for transfer
to the extended area service balloting
account in the special revenue fund.
$41,000 of this appropriation is added
to the appropriation in Laws 1991,
chapter 233, section 10, and is for
extended area service balloting costs.
Sec. 11. PUBLIC SERVICE
Subdivision 1. Total
Appropriation 9,090,000 8,950,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Telecommunications
730,000 752,000
Subd. 3. Weights and Measures
2,948,000 2,845,000
Subd. 4. Information and Operations
Management
1,540,000 1,440,000
$84,000 the first year is for an
electronic imaging system. This
appropriation must not be allotted
until the commissioner certifies that
all of the information policy office
requirements for this project have been
met or will be met. Any unencumbered
balance remaining in the first year
does not cancel but is available for
the second year.
Subd. 5. Energy
3,872,000 3,913,000
$588,000 the first year and $588,000
the second year are for transfer to the
energy and conservation account
established in Minnesota Statutes,
section 216B.241, subdivision 2a, for
programs administered by the
commissioner of jobs and training to
improve the energy efficiency of
residential oil-fired heating plants in
low-income households, and when
necessary, to provide weatherization
services to the homes.
$220,000 the first year and $220,000
the second year are for transfer to the
energy and conservation account
established by Minnesota Statutes,
section 216B.241, subdivision 2a, for
programs administered by the
commissioner of jobs and training to
improve the energy efficiency of
residential liquified petroleum gas
heating equipment in low-income
households, and, when necessary, to
provide weatherization services to the
homes.
Of this appropriation, $284,000 in the
first year and $326,000 in the second
year are for alternative energy
engineering activities. In employing
persons to perform these activities,
the department shall first offer any
positions to persons previously
employed by the department of public
service during fiscal year 1993 in that
capacity. No part of this
appropriation may be used for outside
consulting. * (The preceding paragraph
beginning "Of" was vetoed by the
governor.)
Subd. 6. Rental Energy Loan and Rebate
Program Appropriation
All money, including interest and loan
repayments, remaining from the Exxon
Oil overcharge money appropriated to
the commissioner of public service by
Laws 1988, chapter 686, article 1,
section 38, that was allocated to the
Minnesota housing finance agency is
reappropriated to the commissioner for
the purposes of this subdivision and is
available until spent.
$1,600,000 is for a contract with an
appropriate nonprofit organization,
without public bidding, to provide
revolving loan funds for a rental
energy loan program in metropolitan
counties as defined in Minnesota
Statutes, section 473.121, subdivision
4. The program is to be marketed and
delivered in coordination with other
energy services.
The balance is for any purpose
consistent with the state energy
conservation program.
Sec. 12. MINNESOTA HISTORICAL
SOCIETY
Subdivision 1. Total
Appropriation 18,200,000 17,996,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
The Minnesota historical society is
eligible for a salary supplement in the
same manner as state agencies. The
commissioner of finance will determine
the amount of the salary supplement
based on available appropriations.
Employees of the Minnesota historical
society will be paid in accordance with
the appropriate pay plan.
Subd. 2. Public Programs and
Operations 11,188,000 11,188,000
Subd. 3. Statewide Outreach 597,000 557,000
$48,000 the first year and $48,000 the
second year are for historic site
grants to encourage local historic
preservation projects.
$27,000 the first year and $27,000 the
second year are for the state
archaeology function.
$40,000 is for grant-in-aid purposes of
the St. Anthony Falls Heritage Board in
accordance with Minnesota Statutes,
section 138.763. Grants may be made
for public improvements to assist and
provide information to the public and
construct historic markers and
monuments. The matching requirements
for the grants may be established by
the St. Anthony Falls Heritage Board.
Subd. 4. Repair and Replacement 430,000 430,000
Subd. 5. Physical Plant 5,559,000 5,568,000
Subd. 6. Fiscal Agent 426,000 253,000
(a) Sibley House Association
88,000 88,000
This appropriation is available for
operation and maintenance of the Sibley
house and related buildings on the Old
Mendota state historic site owned by
the Sibley house association.
(b) Minnesota International Center
50,000 50,000
(c) Minnesota Military Museum
29,000
(d) Minnesota Air National
Guard Museum
19,000
(e) Institute for Learning
and Teaching
90,000 90,000
This appropriation is for Project 120.
(f) Moose Lake Fire and Heritage Museum
25,000
This appropriation is for a grant to
the Carlton county historical society
to be used by the Onanegozie resource
conservation and development council
for the development of the Moose Lake
Fire and Heritage Museum. This
appropriation may not be spent unless
it is matched by an equal amount from
local sources. The legislature intends
that no further direct appropriation
will be made for this purpose.
(g) Cloquet-Moose Lake
Forest Fire Center
50,000
(h) Nurse Statue
50,000
This appropriation is for a grant to
the Marine Corps Coordinating Council
for the nurse statue to be located in
the atrium of the Veterans Affairs
Medical Center in Minneapolis. This
appropriation is available until June
30, 1995.
(i) Farmamerica
25,000 25,000
Notwithstanding any other law, this
appropriation may be used for
operational purposes.
(j) Balances Forward
Any unencumbered balance remaining in
this subdivision the first year does
not cancel but is available for the
second year of the biennium.
Sec. 13. MINNESOTA HUMANITIES
COMMISSION 261,000 261,000
Any unencumbered balance remaining in
the first year does not cancel but is
available for the second year of the
biennium.
Sec. 14. BOARD OF THE ARTS
Subdivision 1. Total Appropriation 6,254,000 6,254,000
Any unencumbered balance remaining in
this section the first year does not
cancel but is available for the second
year of the biennium.
Subd. 2. Operations and Services 669,000 669,000
Subd. 3. Grants Program 4,295,000 4,295,000
Subd. 4. Regional Arts Councils 1,290,000 1,290,000
Sec. 15. MINNESOTA MUNICIPAL
BOARD 319,000 280,000
Any unencumbered balance remaining in
the first year does not cancel but is
available for the second year.
Sec. 16. UNIFORM LAWS
COMMISSION 25,000 25,000
Sec. 17. COUNCIL ON BLACK
MINNESOTANS 226,000 225,000
Of this appropriation, $6,000 the first
year and $5,000 the second year are for
transfer to the Ombudsperson for
families.
Sec. 18. COUNCIL ON AFFAIRS
OF SPANISH-SPEAKING PEOPLE 249,000 248,000
During the biennium ending June 30,
1995, council publications may contain
advertising. Receipts from advertising
are appropriated to the council for
purposes of council publications.
For the biennium ending June 30, 1995,
the council shall report to the
legislature on the revenues and
expenditures from advertising by
February 15 each year.
Of this appropriation, $6,000 the first
year and $5,000 the second year are for
transfer to the Ombudsperson for
families.
By November 15, 1993, the council shall
submit a financially related audit to
the legislature for the most recent two
years and a study of the internal
control structure performed by an
independent accountant licensed by the
state of Minnesota.
Sec. 19. COUNCIL ON ASIAN-
PACIFIC MINNESOTANS 201,000 200,000
Of this appropriation, $6,000 the first
year and $5,000 the second year are for
transfer to the Ombudsperson for
families.
Sec. 20. INDIAN AFFAIRS COUNCIL 473,000 457,000
For the biennium ending June 30, 1995,
federal money received for the Indian
affairs council is appropriated to the
council and added to this appropriation.
Of this appropriation, $6,000 the first
year and $5,000 the second year are for
transfer to the Ombudsperson for
families.
Of this appropriation, $15,000 in the
first year is for planning the
development of culturally appropriate
legal services to indigent clients or
tribal representatives who reside in
Hennepin county and are involved in a
case governed by the Indian Child
Welfare Act, United States Code, title
25, section 1901, et seq., or the
Minnesota Indian family preservation
act, Minnesota Statutes 1992, sections
257.35 to 257.3579. This appropriation
is available until expended.
Sec. 21. SECRETARY OF STATE
Subdivision 1. Total
Appropriation 5,283,000 5,188,000
The amounts that may be spent from this
appropriation for each activity are
specified in the following subdivisions.
Subd. 2. Administration
804,000 804,000
Subd. 3. Operations
4,046,000 3,964,000
Subd. 4. Election Administration
433,000 420,000
Sec. 22. ETHICAL PRACTICES BOARD 434,000 429,000
Sec. 23. [TRANSFERS.]
Subdivision 1. [GENERAL PROCEDURE.] If the appropriation
in this act to an agency in the executive branch is specified by
program, the agency may transfer unencumbered balances among the
programs specified in that section after getting the approval of
the commissioner of finance. The commissioner shall not approve
a transfer unless the commissioner believes that it will carry
out the intent of the legislature. The transfer must be
reported immediately to the committee on finance of the senate
and the committee on ways and means of the house of
representatives. If the appropriation in this act to an agency
in the executive branch is specified by activity, the agency may
transfer unencumbered balances among the activities specified in
that section using the same procedure as for transfers among
programs.
Subd. 2. [CONSTITUTIONAL OFFICERS.] A constitutional
officer need not get the approval of the commissioner of finance
but must notify the committee on finance of the senate and the
committee on ways and means of the house of representatives
before making a transfer under subdivision 1.
Subd. 3. [TRANSFER PROHIBITED.] If an amount is specified
in this act for an item within an activity, that amount must not
be transferred or used for any other purpose.
Sec. 24. [BASE CUT TRANSFERS.]
For any agency assigned base cuts in this act, the
proportion of agency base cuts for pass-through grants compared
to total agency base cuts may not exceed the proportion of
dollars appropriated for pass-through grants in the agency
compared to total dollars appropriated to that agency.
Sec. 25. [LABOR INTERPRETIVE CENTER; INITIAL BOARD OF
DIRECTORS.]
Of the initial appointments to the labor interpretive
center board, two members appointed by the governor and the
member appointed by the mayor of St. Paul must have two-year
initial terms. The initial board of directors must be appointed
no later than August 1, 1993.
Sec. 26. [LABOR INTERPRETIVE CENTER; TRANSFER OF
APPROPRIATIONS.]
Subdivision 1. [UNENCUMBERED BALANCE.] The unencumbered
balance of the appropriation for the labor interpretive center
project transferred to the capitol area architectural and
planning board in Laws 1991, chapter 345, is transferred to the
labor interpretive center account.
Subd. 2. [PROJECT AUTHORIZED BY 1990 LEGISLATURE.] The
appropriation in Laws 1990, chapter 610, article 1, section 16,
subdivision 4, is transferred to the labor interpretive center
account.
Sec. 27. [TRANSFER OF POWERS.]
The powers and duties of the board of abstracters under
Minnesota Statutes, sections 386.61 to 386.76 are transferred to
the commissioner of commerce. Minnesota Statutes, section
15.039, subdivisions 1 to 6, apply to this transfer.
Sec. 28. [REVISOR INSTRUCTION.]
The revisor shall change the terms "board," "executive
secretary," "board of abstracters," or similar terms to
"commissioner," "commissioner of commerce," or similar terms
wherever they appear in Minnesota Statutes and Minnesota Rules
with respect to the board of abstracters.
Sec. 29. [CONCENTRATED RESIDENTIAL AREA ACTION PLANS;
DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to section 30.
Subd. 2. [CITY.] "City" means a home rule charter or
statutory city having no less than 30 percent of its households
in renter-occupied residential units as reported in the latest
decennial federal census.
Subd. 3. [COMMISSIONER.] "Commissioner" means the
commissioner of trade and economic development.
Subd. 4. [CONCENTRATED RESIDENTIAL AREA.] "Concentrated
residential area" means an area of a city that contains the
following:
(1) 50 percent of the residential units in the area are
renter occupied;
(2) not less than half of the residential buildings in the
area were built prior to 1970;
(3) at least 20 percent of the city's population according
to the latest decennial federal census lives in the area;
(4) at least three percent of the city's land area is
contained in the area; and
(5) the median household income for the area is not more
than 80 percent of the county median income.
Sec. 30. [CONCENTRATED RESIDENTIAL AREA ACTION PLAN.]
Subdivision 1. [CRITERIA.] For a concentrated residential
area a city, with the assistance provided in this section, shall
prepare a plan that at a minimum includes the following:
(1) the demographic and socioeconomic profile of the area's
population and a statement of the social needs of the area's
residents;
(2) the condition of private owner-occupied and
renter-occupied buildings;
(3) the vacancy rate and turnover rate of the rental
residential buildings;
(4) the presence of and condition of the area's public
facilities;
(5) the redevelopment objectives of the city for the area;
(6) the specific activities or means by which the city
could implement the revitalization objectives;
(7) strategies to preserve existing housing;
(8) strategies to assist low- and moderate-income
households to achieve self-sufficiency and meet their identified
social needs;
(9) recommendations to the commissioner to facilitate the
preservation, reuse, and rehabilitation of the area's housing
stock and to increase the self-sufficiency of the area's
residents; and
(10) identification of the process that involved the area's
residents in the development of the plan.
Subd. 2. [GRANTS.] The commissioner may make grants to
cities to complete a concentrated residential neighborhood
action plan. The state funds for each grant must be equally
matched by city matching money. Matching money may include
money from the city general fund, a special fund, grant, or
other source.
Subd. 3. [REPORT.] The commissioner shall submit
recommendations related to concentrated residential area action
plans to the legislature by February 15, 1994.
Sec. 31. [UNIFORM BUSINESS IDENTIFIER STUDY.]
Subdivision 1. [FINDINGS.] The current registration
process requires each business to deal with multiple agencies,
provide redundant information to each and, in general, creates
an undue administrative burden on Minnesota businesses. Each
agency also produces data that is not easily transferred among
state agencies, which in turn results in businesses being asked
for the same information from a number of different agencies.
The establishment of a uniform process would reduce the burden
on businesses and promote the sharing of information among the
state agencies, thereby eliminating the costs and burdens of
duplicative information gathering and storage.
Subd. 2. [STUDY.] The commissioner of jobs and training
shall study the feasibility of establishing a uniform business
identifier process for all firms doing business with and within
the state.
The proposed study shall:
(1) identify and document the various requirements with
which businesses currently must comply in order to legally
conduct business within the state;
(2) propose and analyze alternatives for a uniform process
of business registration, including a single statewide account
number, a unified application form, and an integrated data
processing system or systems;
(3) detail the operational impact of installing the process
or system;
(4) estimate the costs and benefits, both for the state and
for Minnesota businesses, of installing the process;
(5) prepare an estimated implementation timetable;
(6) recommend the structure and composition of the project
needed for implementation; and
(7) recommend and analyze the information system technology
alternatives, if any, that will be needed to implement the
recommended process.
The commissioner of the department of jobs and training, or
a designee, shall be the chair of the study and shall provide
staff to assist in the study effort. Those state offices,
departments, and agencies that interact with Minnesota
businesses including, but not limited to, department of jobs and
training, secretary of state, department of revenue, department
of labor and industry, department of commerce, and the
information policy office of the department of administration
shall cooperate in this study.
Sec. 32. [WORLD TRADE CENTER CORPORATION BOARD; TERMS.]
The terms of the following members of the world trade
center corporation board of directors expire on June 30, 1993:
(1) legislator members; and (2) members serving on June 30,
1993, who were appointed by the governor for a six-year term.
Sec. 33. [WORLD TRADE CENTER; MEDICAL EXPOSITION.]
The $500,000 appropriation to the department of trade and
economic development for transfer to the World Trade Center
Corporation made by Laws 1991, chapter 345, article 1, section
23, is to establish an annual medical exposition, trade fair,
and health care congress to commence either in 1993 or 1994.
The event need not be coordinated and held in conjunction with
the World Health Organization's annual international conference
on children's health care to commence in Minnesota in 1993.
Sec. 34. [LIMIT ON ASSESSMENTS.]
The department of public service may not assess more than
$584,000 in fiscal year 1994 and $626,000 in fiscal year 1995
for alternative energy engineering activities.
Sec. 35. Minnesota Statutes 1992, section 3.30,
subdivision 2, as amended by Laws 1993, chapter 4, section 2, is
amended to read:
Subd. 2. [MEMBERS; DUTIES.] The majority leader of the
senate or a designee, the chair of the senate committee on
finance, and the chair of the senate division of finance
responsible for overseeing the items being considered by the
commission, the speaker of the house of representatives or a
designee, the chair of the house committee on ways and means,
and the chair of the appropriate finance committee, or division
of the house committee responsible for overseeing the items
being considered by the commissioner, constitute the legislative
advisory commission. The division chair of the finance
committee in the senate and the division chair of
the appropriate finance committee or division in the house shall
rotate according to the items being considered by the
commission. If any of the members elect not to serve on the
commission, the house of which they are members, if in session,
shall select some other member for the vacancy. If the
legislature is not in session, vacancies in the house membership
of the commission shall be filled by the last speaker of the
house or, if the speaker is not available, by the last chair of
the house rules committee, and by the last senate committee on
committees or other appointing authority designated by the
senate rules in case of a senate vacancy. The commissioner of
finance shall be secretary of the commission and keep a
permanent record and minutes of its proceedings, which are
public records. The commissioner of finance shall transmit,
under section 3.195, a report to the next legislature of all
actions of the commission. Members shall receive traveling and
subsistence expenses incurred attending meetings of the
commission. The commission shall meet from time to time upon
the call of the governor or upon the call of the secretary at
the request of two or more of its members. A recommendation of
the commission must be made at a meeting of the commission
unless a written recommendation is signed by all the members
entitled to vote on the item, except that a recommendation under
section 298.2213, subdivision 4, or 298.296, subdivision 1, need
only be signed by a majority of the members entitled to vote on
the item.
Sec. 36. Minnesota Statutes 1992, section 15.38, is
amended by adding a subdivision to read:
Subd. 9. [SIBLEY HOUSE.] The Sibley House association may
purchase fire, wind, hail, and vandalism insurance and insurance
coverage for fine art objects from state appropriations.
Sec. 37. Minnesota Statutes 1992, section 15.50,
subdivision 2, is amended to read:
Subd. 2. [CAPITOL AREA PLAN.] (a) The board shall prepare,
prescribe, and from time to time amend a comprehensive use plan
for the capitol area, herein called the area in this
subdivision, which shall initially consist consists of that
portion of the city of Saint Paul comprehended within the
following boundaries: Beginning at the point of intersection of
the centerline of the Arch-Pennsylvania freeway and the
centerline of Marion Street, thence southerly along the
centerline of Marion Street extended to a point 50 feet south of
the south line of Concordia Avenue, thence southeasterly along a
line extending 50 feet from the south line of Concordia Avenue
to a point 125 feet from the west line of John Ireland
Boulevard, thence southwesterly along a line extending 125 feet
from the west line of John Ireland Boulevard to the south line
of Dayton Avenue, thence northeasterly from the south line of
Dayton Avenue to the west line of John Ireland Boulevard, thence
northeasterly to the centerline of the intersection of Old
Kellogg Boulevard and Summit Avenue, thence northeasterly along
the centerline of Summit Avenue to the south line of the
right-of-way of the Fifth Street ramp, thence southeasterly
along the right-of-way of the Fifth Street ramp to the center
line of the new West Kellogg Boulevard, thence southerly along
the east line of the new West Kellogg Boulevard, to the center
line of West Seventh Street, thence northeasterly along the
center line of West Seventh Street to the center line of the
Fifth Street ramp, thence northwesterly along the center line of
the Fifth Street ramp to the east line of the right-of-way of
Interstate Highway 35-E, thence northeasterly along the east
line of the right-of-way of Interstate Highway 35-E to the south
line of the right-of-way of Interstate Highway 94, thence
easterly along the south line of the right-of-way of Interstate
Highway 94 to the west line of St. Peter Street, thence
southerly to the south line of Eleventh Street, thence easterly
along the south line of Eleventh Street to the west line of
Cedar Street, thence southeasterly along the west line of Cedar
Street to the centerline of Tenth Street, thence northeasterly
along the centerline of Tenth Street to the centerline of
Minnesota Street, thence northwesterly along the centerline of
Minnesota Street to the centerline of Eleventh Street, thence
northeasterly along the centerline of Eleventh Street to the
centerline of Jackson Street, thence northwesterly along the
centerline of Jackson Street to the centerline of the
Arch-Pennsylvania freeway extended, thence westerly along the
centerline of the Arch-Pennsylvania freeway extended and Marion
Street to the point of origin. If construction of the labor
interpretive center does not commence prior to December 31,
1996, at the site recommended by the board, the boundaries of
the capitol area revert to their configuration as of
1992. Pursuant to Under the comprehensive plan, or any a
portion thereof of it, the board may regulate, by means of
zoning rules adopted pursuant to under the administrative
procedure act, the kind, character, height, and location, of
buildings and other structures constructed or used, the size of
yards and open spaces, the percentage of lots that may be
occupied, and the uses of land, buildings and other structures,
within the area. To protect and enhance the dignity, beauty,
and architectural integrity of the capitol area, the board is
further empowered to include in its zoning rules design review
procedures and standards with respect to any proposed
construction activities in the capitol area significantly
affecting the dignity, beauty, and architectural integrity of
the area. No person shall may undertake these construction
activities as defined in the board's rules in the capitol area
without first submitting construction plans to the board,
obtaining a zoning permit from the board, and receiving a
written certification from the board specifying that the person
has complied with all design review procedures and standards.
Violation of the zoning rules is a misdemeanor. The board may,
at its option, proceed to abate any violation by injunction.
The board and the city of St. Paul shall cooperate in assuring
that the area adjacent to the capitol area is developed in a
manner that is in keeping with the purpose of the board and the
provisions of the comprehensive plan.
(b) The commissioner of administration shall act as a
consultant to the board with regard to the physical structural
needs of the state. The commissioner shall make studies and
report the results to the board when they request it requests
reports for their its planning purpose.
(c) No public building, street, parking lot, or monument,
or other construction shall may be built or altered on any
public lands within the area unless the plans for the same
conforms project conform to the comprehensive use plan as
specified in clause (d) and to the requirement for competitive
plans as specified in clause (e). No alteration substantially
changing the external appearance of any existing public building
approved in the comprehensive plan or the exterior or interior
design of any proposed new public building the plans for which
were secured by competition under clause (e), may be made
without the prior consent of the board. The commissioner of
administration shall consult with the board regarding internal
changes having the effect of substantially altering the
architecture of the interior of any proposed building.
(d) The comprehensive plan shall must show the existing
land uses and recommend future uses including: areas for public
taking and use; zoning for private land and criteria for
development of public land, including building areas and open
spaces; vehicular and pedestrian circulation; utilities systems;
vehicular storage; elements of landscape architecture. No
substantial alteration or improvement shall may be made to
public lands or buildings in the area save with the written
approval of the board.
(e) The board shall secure by competitions, plans for any
new public building. Plans for any comprehensive plan,
landscaping scheme, street plan, or property acquisition,
which that may be proposed, or for any proposed alteration of
any existing public building, landscaping scheme or street plan
may be secured by a similar competition. Such A competition
shall must be conducted under rules prescribed by the board and
may be of any type which meets the competition standards of the
American Institute of Architects. Designs selected shall become
the property of the state of Minnesota, and the board may award
one or more premiums in each such competition and may pay such
the costs and fees as that may be required for the its conduct
thereof. At the option of the board, plans for projects
estimated to cost less than $1,000,000 may be approved without
competition provided such the plans have been considered by the
advisory committee described in clause paragraph (f). Plans for
projects estimated to cost less than $400,000 and for
construction of streets need not be considered by the advisory
committee if in conformity with the comprehensive plan.
(f) The board shall may not adopt any plan under clause
paragraph (e) unless it first receives the comments and
criticism of an advisory committee of three persons, each of
whom is either an architect or a planner, who have been selected
and appointed as follows: one by the board of the arts, one by
the board, and one by the Minnesota Society of the American
Institute of Architects. Members of the committee shall may not
be contestants under clause (e). The comments and
criticism shall must be a matter of public information. The
committee shall advise the board on all architectural and
planning matters. For that purpose:,
(1) the committee shall must be kept currently informed
concerning, and have access to, all data, including all plans,
studies, reports and proposals, relating to the area as the same
data are developed or in the process of preparation, whether by
the commissioner of administration, the commissioner of trade
and economic development, the metropolitan council, the city of
Saint Paul, or by any architect, planner, agency or
organization, public or private, retained by the board or not
retained and engaged in any work or planning relating to the
area., and a copy of any such data prepared by any public
employee or agency shall must be filed with the board promptly
upon completion;.
(2) The board may employ such stenographic or technical
help as that may be reasonable to assist the committee to
perform its duties;.
(3) When so directed by the board, the committee may serve
as, and any member or members thereof of the committee may serve
on, the jury or as professional advisor for any architectural
competition. The board shall select the architectural advisor
and jurors for any competition with the advice of the committee;
and.
(4) The city of Saint Paul shall advise the board.
(g) The comprehensive plan for the area shall must be
developed and maintained in close cooperation with the
commissioner of trade and economic development and, the planning
department and the council for the city of Saint Paul, and the
board of the arts, and no such plan or amendment thereof shall
of a plan may be effective without 90 days' notice to the
planning department of the city of Saint Paul and the board of
the arts.
(h) The board and the commissioner of administration,
jointly, shall prepare, prescribe, and from time to time revise
standards and policies governing the repair, alteration,
furnishing, appearance, and cleanliness of the public and
ceremonial areas of the state capitol building. Pursuant to
this power, The board shall consult with and receive advice from
the director of the Minnesota state historical society regarding
the historic fidelity of plans for the capitol building. The
standards and policies developed as herein provided shall be
under this paragraph are binding upon the commissioner of
administration. The provisions of sections 14.02, 14.04 to
14.36, 14.38, and 14.44 to 14.45 shall do not apply to this
clause.
(i) The board in consultation with the commissioner of
administration shall prepare and submit to the legislature and
the governor no later than October 1 of each even-numbered year
a report on the status of implementation of the comprehensive
plan together with a program for capital improvements and site
development, and the commissioner of administration shall
provide the necessary cost estimates for the program.
(j) The state shall, by the attorney general upon the
recommendation of the board and within appropriations available
for that purpose, acquire by gift, purchase, or eminent domain
proceedings any real property situated in the area described in
this section, and it shall may also have the power to acquire an
interest less than a fee simple interest in the property, if it
finds that it the property is needed for future expansion or
beautification of the area.
(k) The board is the successor of the state veterans'
service building commission, and as such may adopt rules and may
reenact the rules adopted by its predecessor under Laws 1945,
chapter 315, and acts amendatory thereof amendments to it.
(l) The board shall meet at the call of the chair and at
such other times as it may prescribe.
(m) The commissioner of administration shall assign
quarters in the state veterans service building to (1) the
department of veterans affairs, of which such a part as that
the commissioner of administration and commissioner of veterans
affairs may mutually determine shall must be on the first floor
above the ground, and (2) the American Legion, Veterans of
Foreign Wars, Disabled American Veterans, Military Order of the
Purple Heart, United Spanish War Veterans, and Veterans of World
War I, and their auxiliaries, incorporated, or when
incorporated, under the laws of the state, and (3) as space
becomes available, to such other state departments and agencies
as the commissioner may deem desirable.
Sec. 38. Minnesota Statutes 1992, section 16A.128,
subdivision 2, is amended to read:
Subd. 2. [NO RULEMAKING.] The kinds of fees that need not
be fixed by rule unless specifically required by law are:
(1) fees based on actual direct costs of a service;
(2) one-time fees;
(3) fees that produce insignificant revenues;
(4) fees billed within or between state agencies;
(5) fees exempt from commissioner approval; or
(6) fees for admissions to or use of facilities operated by
the iron range resources and rehabilitation board, if the fees
are set according to prevailing market conditions to recover
operating costs; or
(7) fees established by the Minnesota historical society.
Sec. 39. Minnesota Statutes 1992, section 16A.28, is
amended by adding a subdivision to read:
Subd. 8. [EXCEPTIONS.] Except as provided by law, an
appropriation made to the Minnesota historical society, if not
spent during the first year, may be spent during the second year
of a biennium. An unexpended balance remaining at the end of a
biennium lapses and shall be returned to the fund from which
appropriated. An appropriation made to the society for all or
part of a biennium may be spent in either year of the biennium.
Sec. 40. Minnesota Statutes 1992, section 16A.72, is
amended to read:
16A.72 [INCOME CREDITED TO GENERAL FUND; EXCEPTIONS.]
All income, including fees or receipts of any nature, shall
be credited to the general fund, except:
(1) federal aid;
(2) contributions, or reimbursements received for any
account of any division or department for which an appropriation
is made by law;
(3) income to the University of Minnesota;
(4) income to revolving funds now established in
institutions under the control of the commissioners of
corrections or human services;
(5) investment earnings resulting from the master lease
program, except that the amount credited to another fund or
account may not exceed the amount of the additional expense
incurred by that fund or account through participation in the
master lease program;
(6) receipts from the operation of patients' and inmates'
stores and vending machines, which shall be deposited in the
social welfare fund in each institution for the benefit of the
patients and inmates;
(7) money received in payment for services of inmate labor
employed in the industries carried on in the state correctional
facilities which receipts shall be credited to the current
expense fund of those facilities;
(8) as provided in sections 16B.57 and 85.22; or
(9) income to the Minnesota historical society; or
(10) as otherwise provided by law.
Sec. 41. Minnesota Statutes 1992, section 16B.06,
subdivision 2a, is amended to read:
Subd. 2a. [EXCEPTION.] The requirements of subdivision 2
do not apply to state contracts distributing state or federal
funds pursuant to the federal Economic Dislocation and Worker
Adjustment Assistance Act, United States Code, title 29, section
1651 et seq., or sections 268.9771, 268.978, 268.9781, and
268.9782. For these contracts, the commissioner of jobs and
training is authorized to directly enter into state contracts
with approval of the governor's job training council and
encumber available funds to ensure a rapid response to the needs
of dislocated workers. The commissioner shall adopt internal
procedures to administer and monitor funds distributed under
these contracts.
Sec. 42. Minnesota Statutes 1992, section 44A.01,
subdivision 2, is amended to read:
Subd. 2. [BOARD MEMBERSHIP.] (a) The corporation is
governed by a board of directors consisting of:
(1) six four 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 four members, representing the international
business community, appointed by the governor, with the advice
and consent of the senate, to six-year terms serve at the
governor's pleasure; and
(3) six legislators appointed under paragraph (b) the mayor
of St. Paul or the mayor's designee; and
(4) the commissioners of trade and economic development,
agriculture, and commerce.
Members appointed by the governor must be knowledgeable or
experienced in international trade in products or services.
(b) Legislator members are three members of the senate
appointed under the rules of the senate and 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.
Sec. 43. Minnesota Statutes 1992, section 44A.01,
subdivision 4, is amended to read:
Subd. 4. [ORGANIZATION.] The board shall elect a chair
from the representatives of the international business community
appointed by the governor, and an executive committee from its
members.
Sec. 44. Minnesota Statutes 1992, section 44A.025, is
amended to read:
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) (5) establish and maintain an office in the Minnesota
world trade center; and
(7) (6) not duplicate programs or services provided by the
commissioner of trade and economic development, the Minnesota
trade division, or the commissioner of agriculture.
Sec. 45. Minnesota Statutes 1992, section 82.21, is
amended by adding a subdivision to read:
Subd. 2a. [BROKER PAYMENT CONSOLIDATION.] For all license
renewal fees, recovery fund renewal fees, and recovery fund
assessments pursuant to this section and section 82.34, the
broker must remit the fees or assessments for the company,
broker, and all salespersons licensed to the broker, in the form
of a single check.
Sec. 46. Minnesota Statutes 1992, section 116J.617, is
amended to read:
116J.617 [TOURISM LOAN PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] The commissioner may
establish a tourism revolving loan program and a tourism
guarantee loan program to provide loans or, participate in
loans, or guarantee loans to resorts, campgrounds, lodging
facilities, and other tourism-related businesses. The
commissioner shall work with financial institutions in making or
participating in loans or guaranteeing loans under this section.
Subd. 2. [ELIGIBLE BORROWER.] To receive a loan under this
section, the borrower must be a sole proprietorship,
partnership, or corporation, or other person engaged in a
tourism-related business or other entity that is defined by the
standard industrial classification codes of 7011 and 7033 as set
out in the Code of Federal Regulations, title 13, section
121.2. An eligible borrower under this section must maintain
the business or other entity as a tourism-related entity as
defined by this subdivision during the term of the loan. An
eligible borrower may not receive a loan or loan guarantee under
this section if the borrower has received a tourism-related
loan, loan participation, or guarantee made by the state or
participated in by the state in the past three years 36 months.
Subd. 3. [ELIGIBLE LOAN.] The maximum loan made or
participated in under this section may not be for more than 50
percent of the total cost of the project. Loan proceeds may be
used for the following purposes: acquisition of an existing
building, building construction and improvement, land site
improvement, equipment, other construction costs, and
engineering costs. Project-related expenditures made more than
30 days before an application may not be financed by a loan
made, guaranteed, or participated in under this section.
Subd. 4. [LOAN TERMS.] The maximum term of a loan made,
guaranteed, or participated in under this section may not exceed
the useful life of the real property or 80 percent of the useful
life of the equipment or machinery, or the following limits,
whichever is less:
(1) ten years for land, building, or other real property;
(2) five years for equipment or machinery; or
(3) a weighted average of the limits under clauses (1) and
(2) for loans made, guaranteed, or participated in for a
combination of real property and equipment or machinery.
The commissioner may establish interest rates for loans
made under this section. All loans made must be secured by
collateral.
Subd. 5. [TOURISM LOAN ACCOUNT.] The tourism loan account
is created in the special revenue fund. The fund consists of
money appropriated or transferred to the account and interest
collected through the tourism revolving loan program, and gifts,
donations, and bequests made to the account. Money in the
account is appropriated to the commissioner for purposes of this
section. Fees collected through the tourism revolving loan
program must be credited to the general fund.
Subd. 6. [INVESTMENT INTEREST.] All interest and profits
accruing from the investment of money from the tourism loan
account are credited to the account, and any loss incurred in
the principal of the investments of the account is debited to
the account.
Sec. 47. [116J.655] [YOUTH ENTREPRENEURSHIP EDUCATION
PROGRAM.]
The commissioner of trade and economic development shall
establish a youth entrepreneurship education program to improve
the academic and entrepreneurial skills of students and aid in
their transition from school to business creation. The program
shall strengthen local economies by creating jobs that enable
citizens to remain in their communities and to foster
cooperation among educators, economic development professionals,
business leaders, and representatives of labor.
Sec. 48. [116J.874] [AFFIRMATIVE ENTERPRISE PROGRAM.]
Subdivision 1. [DEFINITIONS.] (a) The definitions in this
subdivision apply to this section.
(b) "Business entity" means a sole proprietorship,
partnership, limited liability company, or corporation.
(c) "Disabled person" means a person with a disability as
defined under section 363.01, subdivision 13.
(d) "Full-time employee" means an employee who is employed
for at least 35 hours per week.
Subd. 2. [ESTABLISHMENT.] The commissioner of trade and
economic development shall establish the affirmative enterprise
program for the purpose of encouraging the full-time employment
of disabled persons in areas of economic need. The commissioner
shall determine areas of economic need based on present and past
levels of unemployment and population loss, and present and past
reductions in industrial and business activity.
Subd. 3. [ELIGIBILITY.] A business entity is eligible for
an affirmative enterprise grant if it meets the following
criteria:
(1) except in the case of a business entity with fewer than
ten employees, it employs at least 25 percent of its full-time
employees from persons who are not disabled;
(2) it employs at least 50 percent of its full-time
employees from disabled persons;
(3) it maintains an integrated work force of nondisabled
and disabled persons at the highest possible level;
(4) every full-time employee has an employee status with
all accompanying rights and responsibilities;
(5) the following benefits are provided to each full-time
employee:
(i) paid vacation;
(ii) paid holidays;
(iii) paid sick leave;
(iv) a personalized career plan;
(v) retirement with employer participation; and
(vi) a copayment health insurance plan;
(6) a full-time employee selected by all employees of the
business entity meets with the business entity's management at
least once a month;
(7) each full-time employee is informed of other less
restrictive employment when it becomes available;
(8) all full-time employees are required to participate in
at least two evaluations per year with accompanying wage
adjustments; and
(9) profit sharing based on the business entity's
performance is provided to all full-time employees.
Subd. 4. [GRANTS.] Affirmative enterprise grants must be
used by the business to provide training and support services to
disabled persons in conjunction with economic development.
Subd. 5. [PREFERENCE.] Preference for grant awards must be
given to a business entity that: (1) offers ownership options
or individual personal improvement plans with employer-sponsored
training, has a long-term business plan, and is working
collaboratively with the local economic development authority or
organization; or (2) has a higher percentage of disabled
employees than another eligible entity.
Subd. 6. [EXPIRATION.] This section expires July 1, 1995.
By January 1, 1995, the management analysis division of the
department of administration shall evaluate the program and if
warranted based on outcomes recommend to the legislature a
funding source for this program and a state agency to administer
the program.
Sec. 49. Minnesota Statutes 1992, section 116J.982, is
amended to read:
116J.982 [COMMUNITY DEVELOPMENT CORPORATIONS.]
Subdivision 1. [DEFINITIONS.] For the purposes of this
section, the terms in this subdivision have the meanings given
them:
(a) "Commissioner" means the commissioner of trade and
economic development.
(b) "Economic development region" means an area so
designated in the governor's executive order number 60 83-15,
dated June 12, 1970, as amended March 15, 1983.
(c) "Federal poverty level" means the income level
established by the United States Community Services
Administration in Code of Federal Regulations, title 45, section
1060.2-2 published annually by the United States Department of
Health and Human Services under authority of the Omnibus Budget
Reconciliation Act of 1981, Public Law Number 97-35, title VI,
section 673(2).
(d) "Low income" means an annual income below the federal
poverty level.
(e) A "low-income area" means an area in which (1) ten
percent of the population have low incomes, or (2) there is one
or more recognized subareas such as a census tract, city,
township, or county in which 15 percent of the population have
low incomes.
Subd. 2. [ADMINISTRATION.] The commissioner shall
administer this section and shall enforce the rules related to
the community development corporations adopted by the
commissioner except for subdivision 6, which shall be
administered by the commissioner of housing finance.
The commissioner commissioners of trade and economic development
and housing finance may amend, suspend, repeal, or otherwise
modify these, separately or jointly, adopt rules as provided for
in chapter 14 necessary to implement this section.
Subd. 3. [GRANTS CERTIFICATION; CORPORATIONS ELIGIBLE.] (a)
The commissioner shall designate certify a community development
corporation as eligible to receive grants under this section if
the corporation is a nonprofit corporation incorporated under
chapter 317A and meets the other criteria in this subdivision.
(b) The corporation, in its articles of incorporation or
bylaws, shall must designate a low-income area as the specific
geographic community within which it will operate. At least ten
percent of the population within the designated community must
have low incomes. Within the metropolitan area as defined in
section 473.121, subdivision 2 cities of the first class, a
designated community must be an identifiable neighborhood or a
combination of neighborhoods but may not be the entire city.
Outside cities of the first class, a designated community may be
an identifiable neighborhood or neighborhoods, or home rule
charter or statutory cities, townships, unincorporated areas, or
combinations of those entities. Outside the metropolitan area,
designated communities, so far as possible, but may not be an
entire economic development region nor cross existing economic
development region boundaries except as provided in this
section. If a proposed geographic area overlaps the designated
community of a community development corporation existing before
August 1, 1987, the proposed community development corporation
shall obtain the written consent of the existing community
development corporation before the proposed corporation may be
designated as eligible to receive grants under this section.
(c) The corporation's major purpose, in its articles of
incorporation or bylaws, must be economic development,
redevelopment, or housing in its designated community.
(d) The corporation shall limit voting membership to
residents of its designated area must be tax exempt under
section 501, paragraph (c), clause (3), of the Internal Revenue
Code of 1986, as amended.
(d) (e) The corporation shall have a board of directors
with 15 to 30 members unless the corporation can demonstrate to
the satisfaction of the commissioner that a smaller or larger
board is more advantageous membership and board of directors of
the corporation must be representative of the designated
community. At least 40 percent of the directors must have
incomes that do not exceed 80 percent of the county median
family income or 80 percent of the statewide median family
income as determined by the state demographer, whichever is
less, and the remaining directors must be members of the
business or financial community and the community at large. To
the greatest extent possible, and At least 20 percent of the
directors shall have low incomes or shall reside in low-income
areas described in subdivision 1, paragraph (e), clause (1), or
the low-income subarea described in subdivision 1, paragraph
(e), clause (2). At least 60 percent of, the directors must be
residents of the designated community. Directors who meet the
income limitations of this paragraph must be elected by the
members of the corporation. The remaining directors may be
elected by the members or appointed by the directors who meet
the income limitations of this paragraph. Other directors shall
be business, financial, or civic leaders or
representatives-at-large of the designated community.
Notwithstanding the requirements of this paragraph, a
corporation which meets board structure requirements for a
community housing development corporation under Code of Federal
Regulations, title 24, part 92.2, is deemed to meet the board
membership requirements of this subdivision.
(e) (f) The corporation shall hire low-income residents of
the designated community to fill nonmanagerial and
nonprofessional positions shall not discriminate against any
persons on the basis of a status protected under chapter 363.
(f) (g) The corporation shall demonstrate that it has or
will have can obtain the technical skills to analyze projects,
that it is familiar with other available public and private
funding sources and economic development, redevelopment, and
housing programs, and that it is capable of packaging economic
development, redevelopment, and housing projects.
(h) The corporation must have completed two or more
economic development, redevelopment, or housing projects within
its designated community during the last three years.
Subd. 4. [GRANT APPROVAL FOR PROJECTS CERTIFICATION.] The
commissioner shall approve a grant to a community development
corporation only for a project carried on within the designated
community, except when the corporation demonstrates that a
project carried on outside will have a significant impact inside
the designated community. The commissioner shall certify as a
community development corporation any organization which meets
the criteria in subdivision 3. The certification is for two
years from the date of certification and is renewable. The
commissioner shall certify as a community development
corporation for a nonrenewable period of three years from the
date of certification an organization which meets all the
criteria in subdivision 3, except for paragraphs (d) and (h),
but which plans to meet those requirements by the end of the
three years.
As part of the certification process, the commissioner
shall resolve disputes concerning boundaries of the designated
community of a community development corporation.
Subd. 5. [USE OF GRANT GRANTS; ECONOMIC DEVELOPMENT
CONTRACTS.] The commissioner may approve make a grant to a
community development corporation for planning, including
organization of the corporation, training of the directors,
creation of a comprehensive community economic development plan,
and enter into contracts with certified community development
corporations for:
(1) specific economic development projects within the
designated community, such as development of a proposal for a
venture grant, or for establishment of a business venture,
including assistance to an existing business venture, purchase
of partial or full ownership of a business venture, real estate
development, strategic development planning, infrastructure
development, or development of resources or facilities necessary
for the establishment of a business venture;
(2) dissemination of information about, or taking
applications for, programs operated by the commissioner; and
(3) developing the internal organizational capacity to
engage in economic development activities such as the
partnership activities listed in clause (1).
Subd. 6. [ASSIGNEE HOUSING CONTRACTS.] The commissioner
must be named as an assignee of the rights of a state-funded
community development corporation on any loan or other evidence
of debt provided by a community development corporation to a
private enterprise. The assignment of rights must provide that
it will be effective upon the dormancy or cessation of existence
of the community development corporation. "Dormancy" for the
purpose of this section means the continuation of the
corporation in name only without any functioning officers or
activities. Upon the cessation of the activities of a
state-funded community development corporation, any assigned
money paid to the commissioner must be deposited in the state
treasury and credited to the general fund. The commissioner of
the housing finance agency may enter into contracts with
certified community development corporations for purposes of
housing activities associated with economic development activity
under subdivision 5.
Subd. 6a. [SECONDARY MARKET.] A community development
corporation may sell, at private or public sale, at the price or
prices determined by the corporation, any note, mortgage, lease,
sublease, lease purchase, or other instrument or obligation
evidencing or securing a loan made for the purpose of economic
development, job creation, redevelopment, or community
revitalization by a public agency to a business, for-profit or
nonprofit organization, or an individual.
Subd. 7. [FACTORS FOR GRANT APPROVAL OTHER PROGRAMS.]
Factors considered by the commissioner in approving a grant to a
community development corporation must include the creation of
employment opportunities, the maximization of profit, and the
effect on securing money from sources other than the state. A
certified community development corporation is eligible to
participate in a program available to nonprofit organizations
which is operated by the commissioners of trade and economic
development or housing finance if the certified development
corporation meets the requirements of the program.
Subd. 7a. [REAL ESTATE LICENSE EXEMPTION.] A certified
community development corporation is exempt from the licensure
requirements of section 82.20.
Subd. 8. [PROHIBITION.] Grants under this section are not
available for programs conducted by churches or religious
organizations or for securing or developing social services.
Subd. 9. [NO EXCLUSION.] A person may not be excluded from
participation in a program funded under this section because of
race, color, religion, sex, age, or national origin.
Sec. 50. [116J.987] [DEFINITIONS.]
Subdivision 1. [APPLICATION.] The definitions in this
section apply to sections 116J.987 to 116J.990.
Subd. 2. [BOARD.] "Board" means the board of invention.
Subd. 3. [COMMERCIAL INVENTION.] "Commercial invention"
means new and useful processes, machines, manufacturing
procedures, or any new and useful improvements or applications
of commercial inventions, regardless of whether or not the
invention is patentable.
Subd. 4. [INVENTION.] "Invention" means creative activity
resulting in new and potentially useful and applied products or
ideas of commercial and social merit. Invention includes
commercial and social inventions.
Subd. 5. [SOCIAL INVENTION.] "Social invention" means new
procedures, new uses for known procedures, and organizations
that change the way in which people relate to their environment
or to each other.
Sec. 51. [116J.988] [BOARD OF INVENTION.]
Subdivision 1. [MEMBERSHIP.] The board of invention
consists of 11 members appointed by the governor, subject to the
advice and consent of the senate. One member must be appointed
from each of the congressional districts. The remaining members
may be appointed at large.
Subd. 2. [TERMS.] The membership terms, removal, and
filling of vacancies of board members are as provided in section
15.0575.
Subd. 3. [CHAIR; OTHER OFFICERS.] The board shall annually
elect a chair and other officers as necessary from its members.
Subd. 4. [STAFF.] The board may employ an executive
director who is knowledgeable in invention and has demonstrated
proficiency in the administration of programs relating to
invention. The executive director shall perform the duties that
the board may require in carrying out its responsibilities.
Sec. 52. [116J.989] [POWERS.]
Subdivision 1. [CONTRACTS.] The board may enter into
contracts and grant agreements necessary to carry out its
responsibilities.
Subd. 2. [GIFTS; GRANTS.] The board may apply for, accept,
and disburse gifts, grants, or other property from the United
States, the state, private foundations, or any other source. It
may enter into an agreement required for the gifts or grants and
may hold, use, and dispose of its assets in accordance with the
terms of the gift, grant, or agreement. Money received by the
board under this subdivision must be deposited in the state
treasury. The amount deposited is appropriated to the board to
carry out its duties.
Sec. 53. [116J.990] [DUTIES.]
Subdivision 1. [GENERAL DUTIES.] The board shall encourage
the creation, performance, and appreciation of invention in the
state. The board shall investigate and evaluate new methods to
enhance invention.
Subd. 2. [GRANT PROGRAM.] The board shall establish an
invention grant program to award grants to individuals,
nonprofits, or private organizations to encourage the
development of both commercial and social inventions.
Subd. 3. [TECHNICAL ASSISTANCE.] The board shall provide
information services relating to invention to the general public.
Subd. 4. [COORDINATION.] The board may review all public
and private programs relating to invention and innovation.
Subd. 5. [BUDGET.] The board shall adopt an annual budget
and work program.
Subd. 6. [REPORT.] The board shall submit a report to the
legislature and the governor by January 31 of each year. The
report must include a review of invention activities in the
state, a review of the board's activities, a listing of grants
made under the invention grant program, an evaluation of
invention initiatives, and recommendations concerning state
support of invention activities.
Subd. 7. [STATE FUNDING PROHIBITED.] No state money may be
appropriated to the board. The board must utilize private funds
and nonstate public money to fund its activities.
Sec. 54. [116M.14] [DEFINITIONS.]
Subdivision 1. [TERMS.] For the purposes of this chapter,
the following terms have the meaning given them.
Subd. 2. [BOARD.] "Board" means the urban initiative board.
Subd. 3. [COMMISSIONER.] "Commissioner" means the
commissioner of trade and economic development.
Subd. 4. [LOW-INCOME AREA.] "Low-income area" means
Minneapolis, St. Paul, and inner ring suburbs as defined by the
metropolitan council that had a median household income below
$31,000 as reported in the 1990 census.
Subd. 5. [MINORITY BUSINESS ENTERPRISE.] "Minority
business enterprise" means a business that is majority owned and
operated by persons belonging to a racial or ethnic minority as
defined in Code of Federal Regulations, title 49, section 23.5.
Sec. 55. [116M.15] [URBAN INITIATIVE BOARD.]
Subdivision 1. [CREATION; MEMBERSHIP.] The urban
initiative board is created and consists of the commissioners of
trade and economic development and jobs and training, the chair
of the metropolitan council, and eight members from the general
public appointed by the governor. Six of the public members
must be representatives from minority business enterprises. No
more than four of the public members may be of one gender. All
public members must be experienced in business or economic
development.
Subd. 2. [MEMBERSHIP TERMS.] The membership terms,
compensation, removal, and filling of vacancies of public
members of the board are as provided in section 15.0575.
Subd. 3. [CHAIR; OTHER OFFICERS.] The commissioner of
trade and economic development shall serve as chair of the
board. The board may elect other officers as necessary from its
members.
Subd. 4. [STAFF.] The commissioner of trade and economic
development shall provide staff, consultant support, materials,
and administrative services necessary for the board's
activities. The services must include personnel, budget,
payroll, and contract administration.
Sec. 56. [116M.16] [POWERS.]
Subdivision 1. [CONTRACTS.] The board may enter into
contracts and grant agreements necessary to carry out its
responsibilities.
Subd. 2. [GIFTS; GRANTS; APPROPRIATION.] The board may
apply for, accept, and disburse gifts, grants, loans, or other
property from the United States, the state, private foundations,
or any other source. It may enter into an agreement required
for the gifts, grants, or loans and may hold, use, and dispose
of its assets in accordance with the terms of the gift, grant,
loan, or agreement. Money received by the board under this
subdivision must be deposited in a separate account in the state
treasury. The amount deposited is appropriated to the board to
carry out its duties.
Sec. 57. [116M.17] [DUTIES.]
Subdivision 1. [GENERAL DUTIES.] The board shall
investigate and evaluate methods to enhance urban development,
particularly methods relating to economic diversification
through minority business enterprises and job creation for
minority and other persons in low-income areas. The enterprises
shall include, but are not limited to, technologically
innovative industries, value-added manufacturing, and
information industries.
Subd. 2. [TECHNICAL ASSISTANCE.] The board through the
department, shall provide technical assistance and development
information services to state agencies, regional agencies,
special districts, local governments, and the public, with
special emphasis on minority communities.
Subd. 3. [BUDGET.] The board shall adopt an annual budget
and work program and a biennial budget.
Subd. 4. [REPORTS.] The board shall submit an annual
report to the legislature of an accounting of loans made under
section 116M.18, including information on loans to minority
business enterprises, the impact on low-income areas, and
recommendations concerning minority business development and
jobs for persons in low-income areas.
Sec. 58. [116M.18] [URBAN CHALLENGE GRANTS PROGRAM.]
Subdivision 1. [ELIGIBILITY RULES.] The board shall make
urban challenge grants for use in low-income areas to nonprofit
corporations to encourage private investment, to provide jobs
for minority persons and others in low-income areas, to create
and strengthen minority business enterprises, and to promote
economic development in a low-income area. The board shall
adopt rules to establish criteria for determining loan
eligibility.
Subd. 2. [CHALLENGE GRANT ELIGIBILITY; NONPROFIT
CORPORATION.] The board may enter into agreements with nonprofit
corporations to fund loans the nonprofit corporation makes in
low-income areas under subdivision 4. A corporation must
demonstrate that:
(1) its board of directors includes citizens experienced in
development, minority business enterprises, and creating jobs in
low-income areas;
(2) it has the technical skills to analyze projects;
(3) it is familiar with other available public and private
funding sources and economic development programs;
(4) it can initiate and implement economic development
projects;
(5) it can establish and administer a revolving loan
account; and
(6) it can work with job referral networks which assist
minority and other persons in low-income areas.
Subd. 3. [REVOLVING LOAN FUND.] The board shall establish
a revolving loan fund to make grants to nonprofit corporations
for the purpose of making loans to new and expanding businesses
in a low-income area to promote minority business enterprises
and job creation for minority and other persons in low-income
areas. Eligible business enterprises include, but are not
limited to, technologically innovative industries, value-added
manufacturing, and information industries. Loan applications
given preliminary approval by the nonprofit corporation must be
forwarded to the board for approval. The commissioner must give
final approval for each loan made by the nonprofit corporation.
The amount of a grant may not exceed 50 percent of each loan.
The amount of nonstate money must equal at least 50 percent for
each loan.
Subd. 4. [BUSINESS LOAN CRITERIA.] (a) The criteria in
this subdivision apply to loans made under the urban challenge
grant program.
(b) Loans must be made to businesses that are not likely to
undertake a project for which loans are sought without
assistance from the urban challenge grant program.
(c) A loan must be used for a project designed to benefit
persons in low-income areas through the creation of job
opportunities for them. Among loan applicants, priority must be
given, on the basis of the number of permanent jobs created or
retained by the project and the proportion of nonpublic money
leveraged by the loan. Priority must also be given for loans to
the lowest income areas.
(d) The minimum loan is $5,000 and the maximum is $150,000.
(e) With the approval of the commissioner, a loan may be
used to provide up to 50 percent of the private investment
required to qualify for a grant from the economic recovery
account.
(f) A loan must be matched by at least an equal amount of
new private investment.
(g) A loan may not be used for a retail development project.
(h) The business must agree to work with job referral
networks that focus on minority applicants from low-income areas.
Subd. 5. [REVOLVING FUND ADMINISTRATION; RULES.] (a) The
board shall establish a minimum interest rate for loans to
ensure that necessary loan administration costs are covered.
(b) Loan repayment amounts equal to one-half of the
principal and interest must be deposited in a revolving fund
created by the board for challenge grants. The remaining amount
of the loan repayment may be deposited in a revolving loan fund
created by the nonprofit corporation originating the loan being
repaid for further distribution, consistent with the loan
criteria specified in subdivision 4.
(c) Administrative expenses of the board may be paid out of
the interest earned on loans.
Subd. 6. [RULES.] The board shall adopt rules to implement
this section.
Subd. 7. [COOPERATION.] A nonprofit corporation that
receives an urban challenge grant shall cooperate with other
organizations, including but not limited to, community
development corporations, community action agencies, and the
Minnesota small business development centers.
Subd. 8. [REPORTING REQUIREMENTS.] A corporation that
receives a challenge grant shall:
(1) submit an annual report to the board by September 30 of
each year that includes a description of projects supported by
the urban challenge grant program, an account of loans made
during the calendar year, the program's impact on minority
business enterprises and job creation for minority persons and
persons in low-income areas, the source and amount of money
collected and distributed by the urban challenge grant program,
the program's assets and liabilities, and an explanation of
administrative expenses; and
(2) provide for an independent annual audit to be performed
in accordance with generally accepted accounting practices and
auditing standards and submit a copy of each annual audit report
to the board.
Sec. 59. [129D.06] [GRANTS TO ARTS ORGANIZATIONS.]
Subdivision 1. [STATE ARTS ACCOUNT; APPROPRIATION.] The
state arts account consists of amounts credited to it by law.
Money in the account is appropriated to the board for annual
distribution as follows, after deducting the board's reasonable
expenses for administration:
(1) 85 percent must be used to fund grants to qualified
arts organizations as provided in subdivision 2; and
(2) 15 percent must be distributed to the regional arts
councils designated by the board through the board acting as a
fiscal agent for the regional arts councils.
Subd. 2. [GRANTS; AMOUNT.] The board shall make grants to
qualified arts organizations. The amount of the grant to each
organization is the percentage of the organization's three-year
average cash operating expense budget for nonprofit arts
activities that, when applied to the three-year nonprofit
average cash operating expense budgets of all qualified arts
organizations, equals the amount available for distribution from
the state arts account under subdivision 1. The board shall
require an organization that receives a grant under this section
to annually report to the board in the form required by the
board the purposes for which the grant was used.
As used in this section, "qualified arts organization"
means a sponsoring organization as defined in section 129D.01,
paragraph (d), that has applied for a grant under this section
if the board finds that the organization:
(1) has a three-year average cash operating expense budget
for nonprofit arts activities of at least $100,000, as adjusted
annually by a consumer price index determined by the board; and
(2) is a recipient of a grant from the board or from one of
the regional arts councils in the fiscal year in which
application is made.
Under emergency circumstances as defined by the board, a
sponsoring organization may be reevaluated using established
review criteria prior to receiving a grant under this section.
A "qualified arts organization" does not include an
organization that receives any proceeds from a tax levy under
section 450.25.
Sec. 60. [138A.01] [LABOR INTERPRETIVE CENTER; BOARD OF
DIRECTORS.]
Subdivision 1. [ESTABLISHMENT.] The labor interpretive
center is a public corporation of the state and is not subject
to the laws governing a state agency except as provided in this
chapter.
Subd. 2. [PURPOSE.] The purpose of the labor interpretive
center is to celebrate the contribution of working people to the
past, present, and future of Minnesota; to spur an interest
among the people of Minnesota in their own family and community
traditions of work; to help young people discover their work
skills and opportunities for a productive working life; and to
advance the teaching of work and labor studies in schools and
colleges.
Subd. 3. [BOARD OF DIRECTORS.] The center is governed by a
board of ten directors. The membership terms, compensation,
removal, and filling of vacancies of members of the board are as
provided in section 15.0575. Membership of the board consists
of:
(1) three directors appointed by the governor;
(2) one director appointed by the mayor of St. Paul,
subject to the approval of the city council;
(3) three directors appointed by the speaker of the house
of representatives; and
(4) three directors appointed by the subcommittee on
committees of the senate committee on rules and administration.
Directors must be representatives of labor, business, state
and local government, local education authorities, and arts
groups. The chairs of the senate committee on jobs, energy, and
community development and the house of representatives committee
on labor-management relations shall serve as nonvoting members.
The board shall select a chair of the board from its
members, and any other officers of the board deemed necessary.
Subd. 4. [LOCATION.] The center must be located in the
capital area of St. Paul as defined in section 15.50,
subdivision 2, at the site recommended by the capitol area
architectural and planning board.
Subd. 5. [MEETINGS OF THE BOARD.] The board shall meet at
least twice a year and may hold additional meetings upon giving
notice. Board meetings are subject to section 471.705.
Subd. 6. [CONFLICT OF INTEREST.] A director, employee, or
officer of the center may not participate in or vote on a
decision of the board relating to a matter in which the director
has either a direct or indirect financial interest or a conflict
of interest as described in section 10A.07.
Subd. 7. [TORT CLAIMS.] The center is a state agency for
purposes of section 3.736.
Sec. 61. [138A.02] [CENTER PERSONNEL.]
Subdivision 1. [GENERALLY.] The board shall appoint an
executive director of the center to serve in the unclassified
service. The executive director must be chosen on the basis of
training, experience, and knowledge in the areas of labor
history and the changing world of work. The center shall employ
staff, consultants, and other parties necessary to carry out the
mission of the center.
Subd. 2. [STATUS OF EMPLOYEES.] Employees of the center
are executive branch state employees.
Sec. 62. [138A.03] [POWERS; DUTIES; BOARD; CENTER.]
Subdivision 1. [GENERAL POWERS.] The board has the powers
necessary for the care, management, and direction of the center.
The powers include: (1) overseeing the planning and
construction of the center as funds are available; (2) leasing a
temporary facility for the center during development of its
organization and program; and (3) establishing advisory groups
as needed to advise the board on program, policy, and related
issues.
Subd. 2. [DUTIES.] The center is a state agency for
purposes of the following accounting and budgeting requirements:
(1) financial reports and other requirements under section
16A.06;
(2) the state budget system under sections 16A.095, 16A.10,
and 16A.11;
(3) the state allotment and encumbrance, and accounting
systems under sections 16A.14, subdivisions 2, 3, 4, and 5; and
16A.15, subdivisions 2 and 3; and
(4) indirect costs under section 16A.127.
Subd. 3. [PROGRAM.] The board shall appoint a program
advisory group to oversee the development of the center's
programming. It must consist of representatives of cultural and
educational organizations, labor education specialists, and
curriculum supervisors in local schools. The program of the
center may be implemented through exhibits, performances,
seminars, films and multimedia presentations, participatory
programs for all ages, and a resource center for teachers.
Collaborative program development is encouraged with technical
colleges, the Minnesota historical society, and other cultural
institutions.
Subd. 4. [BOARD OF GOVERNORS.] The board may establish a
board of governors to incorporate as a nonprofit organization to
receive donations for the center and to serve as honorary
advisors to the board of directors.
Sec. 63. [138A.04] [LABOR INTERPRETIVE CENTER ACCOUNT.]
The Minnesota labor interpretive center account is an
account in the special revenue fund. Funds in the account not
needed for the immediate purposes of the center may be invested
by the state board of investment in any way authorized by
section 11A.24. Funds in the account are appropriated to the
center to be used as provided in this chapter.
Sec. 64. [138A.05] [AUDITS.]
The center is subject to the auditing requirements of
sections 3.971 and 3.972.
Sec. 65. [138A.06] [ANNUAL REPORTS.]
The board shall submit annual reports to the legislature on
the planning, development, and activities of the center. The
board shall supply more frequent reports if requested.
Sec. 66. Minnesota Statutes 1992, section 216B.62,
subdivision 3, is amended to read:
Subd. 3. [ASSESSING ALL PUBLIC UTILITIES.] (a) The
department and commission shall quarterly, at least 30 days
before the start of each quarter, estimate the total of their
expenditures in the performance of their duties relating to (1)
public utilities under section 216A.085, and sections 216B.01 to
216B.67, other than amounts chargeable to public utilities under
subdivision 2 or 6, and alternative energy engineering activity
under section 216C.261. The remainder, except the amount
assessed against cooperatives and municipalities for alternative
energy engineering activity under subdivision 5, shall be
assessed by the commission and department to the several public
utilities in proportion to their respective gross operating
revenues from retail sales of gas or electric service within the
state during the last calendar year. The assessment shall be
paid into the state treasury within 30 days after the bill has
been mailed to the several public utilities, which shall
constitute notice of the assessment and demand of payment
thereof. The total amount which may be assessed to the public
utilities, under authority of this subdivision, shall not exceed
one-eighth one-sixth of one percent of the total gross operating
revenues of the public utilities during the calendar year from
retail sales of gas or electric service within the state. The
assessment for the third quarter of each fiscal year shall be
adjusted to compensate for the amount by which actual
expenditures by the commission and department for the preceding
fiscal year were more or less than the estimated expenditures
previously assessed.
Sec. 67. Minnesota Statutes 1992, section 216B.62,
subdivision 5, is amended to read:
Subd. 5. [ASSESSING COOPERATIVES AND MUNICIPALS.] The
commission and department may charge cooperative electric
associations and municipal electric utilities their
proportionate share of the expenses incurred in the adjudication
of service area disputes and the costs incurred in the
adjudication of complaints over service standards, practices,
and rates. Cooperative electric associations electing to become
subject to rate regulation by the commission pursuant to section
216B.026, subdivision 4, are also subject to this section.
Neither a cooperative electric association nor a municipal
electric utility is liable for costs and expenses in a calendar
year in excess of the limitation on costs that may be assessed
against public utilities under subdivision 2. A cooperative
electric association or municipal electric utility may object to
and appeal bills of the commission and department as provided in
subdivision 4.
The department shall assess cooperatives and municipalities
for the costs of alternative energy engineering activities under
section 216C.261. Each cooperative and municipality shall be
assessed in proportion that its gross operating revenues for the
sale of gas and electric service within the state for the last
calendar year bears to the total of those revenues for all
public utilities, cooperatives, and municipalities.
Sec. 68. Minnesota Statutes 1992, section 237.295,
subdivision 2, is amended to read:
Subd. 2. [ASSESSMENT OF COSTS.] The department and
commission shall quarterly, at least 30 days before the start of
each quarter, estimate the total of their expenditures in the
performance of their duties relating to telephone companies,
other than amounts chargeable to telephone companies under
subdivision 1 or, 5, or 6. The remainder must be assessed by
the department to the telephone companies operating in this
state in proportion to their respective gross jurisdictional
operating revenues during the last calendar year. The
assessment must be paid into the state treasury within 30 days
after the bill has been mailed to the telephone companies. The
bill constitutes notice of the assessment and demand of
payment. The total amount that may be assessed to the telephone
companies under this subdivision may not exceed one-eighth of
one percent of the total gross jurisdictional operating revenues
during the calendar year. The assessment for the third quarter
of each fiscal year must be adjusted to compensate for the
amount by which actual expenditures by the commission and
department for the preceding fiscal year were more or less than
the estimated expenditures previously assessed. A telephone
company with gross jurisdictional operating revenues of less
than $5,000 is exempt from assessments under this subdivision.
Sec. 69. Minnesota Statutes 1992, section 237.295, is
amended by adding a subdivision to read:
Subd. 6. [EXTENDED AREA SERVICE BALLOTING ACCOUNT;
APPROPRIATION.] The extended area service balloting account is
created as a separate account in the special revenue fund in the
state treasury. The commission shall render separate bills to
telephone companies only for direct balloting costs incurred by
the commission under section 237.161. The bill constitutes
notice of the assessment and demand of payment. The amount of a
bill assessed by the commission under this subdivision must be
paid by the telephone company into the state treasury within 30
days from the date of assessment. Money received under this
subdivision must be credited to the extended area service
balloting account and is appropriated to the commission.
Sec. 70. Minnesota Statutes 1992, section 239.011,
subdivision 2, is amended to read:
Subd. 2. [DUTIES AND POWERS.] To carry out the
responsibilities in section 239.01 and subdivision 1, the
director:
(1) shall take charge of, keep, and maintain in good order
the standard of weights and measures of the state and keep a
seal so formed as to impress, when appropriate, the letters
"MINN" and the date of sealing upon the weights and measures
that are sealed;
(2) has general supervision of the weights, measures, and
weighing and measuring devices offered for sale, sold, or in use
in the state;
(3) shall maintain traceability of the state standards to
the national standards of the National Institute of Standards
and Technology;
(4) shall enforce this chapter;
(5) shall grant variances from department rules, within the
limits set by rule, when appropriate to maintain good commercial
practices or when enforcement of the rules would cause undue
hardship;
(6) shall conduct investigations to ensure compliance with
this chapter;
(7) may delegate to division personnel the
responsibilities, duties, and powers contained in this section;
(8) shall test annually, and approve when found to be
correct, the standards of weights and measures used by the
division, by a town, statutory or home rule charter city, or
county within the state, or by a person using standards to
repair, adjust, or calibrate commercial weights and measures;
(9) shall inspect and test weights and measures kept,
offered, or exposed for sale;
(10) shall inspect and test, to ascertain if they are
correct, weights and measures commercially used to:
(i) determine the weight, measure, or count of commodities
or things sold, offered, or exposed for sale, on the basis of
weight, measure, or count; and
(ii) compute the basic charge or payment for services
rendered on the basis of weight, measure, or count;
(11) shall approve for use and mark weights and measures
that are found to be correct;
(12) shall reject, and mark as rejected, weights and
measures that are found to be incorrect and may seize them if
those weights and measures:
(i) are not corrected within the time specified by the
director;
(ii) are used or disposed of in a manner not specifically
authorized by the director; or
(iii) are found to be both incorrect and not capable of
being made correct, in which case the director shall condemn
those weights and measures;
(13) shall weigh, measure, or inspect packaged commodities
kept, offered, or exposed for sale, sold, or in the process of
delivery, to determine whether they contain the amount
represented and whether they are kept, offered, or exposed for
sale in accordance with this chapter and department rules. In
carrying out this section, the director must employ recognized
sampling procedures, such as those contained in National
Institute of Standards and Technology Handbook 133, "Checking
the Net Contents of Packaged Goods";
(14) shall prescribe the appropriate term or unit of weight
or measure to be used for a specific commodity when an existing
term or declaration of quantity does not facilitate value
comparisons by consumers, or creates an opportunity for consumer
confusion;
(15) shall allow reasonable variations from the stated
quantity of contents, including variations caused by loss or
gain of moisture during the course of good distribution practice
or by unavoidable deviations in good manufacturing practice,
only after the commodity has entered commerce within the state;
(16) shall inspect and test petroleum products in
accordance with this chapter and chapter 296;
(17) shall distribute and post notices for used motor oil
and lead acid battery recycling in accordance with sections
239.54, 325E.11, and 325E.115; and
(18) shall collect inspection fees in accordance with
sections 239.10, 239.52, and 239.78. and 239.101; and
(19) shall provide metrological services and support to
businesses and individuals in the United States who wish to
market products and services in the member nations of the
European Economic Community, and other nations outside of the
United States by:
(i) meeting, to the extent practicable, the measurement
quality assurance standards described in the International
Standards Organization ISO 9000, Guide 25;
(ii) maintaining, to the extent practicable, certification
of the metrology laboratory by a governing body appointed by the
European Economic Community; and
(iii) providing calibration and consultation services to
metrology laboratories in government and private industry in the
United States.
Sec. 71. Minnesota Statutes 1992, section 239.10, is
amended to read:
239.10 [ANNUAL INSPECTION; FEE.]
The department shall charge a fee to the owner for the
costs of the regular inspection of scales, weights, measures,
and weighing or measuring devices. The cost of any other
inspection must be paid by the owner if the inspection is
performed at the owner's request or if the inspection is made at
the request of some other person and the scale, weight, measure,
or weighing or measuring device is found to be incorrect. The
department may fix the fees and expenses for regular inspections
and special services by rule pursuant to section 16A.128, except
that no additional fee may be charged for retail petroleum
pumps, petroleum vehicle meters, and petroleum bulk meters that
dispense petroleum products for which the petroleum inspection
fee required by section 239.78 is collected. Money collected by
the department for its regular inspections, special services,
fees, and penalties must be paid into the state treasury and
credited to the state general fund. The director shall inspect
all weights and measures annually, or as often as deemed
possible within budget and staff limitations.
Sec. 72. [239.101] [INSPECTION FEES.]
Subdivision 1. [FEE SETTING AND COST RECOVERY.] The
department shall recover the amount appropriated to the weights
and measures program through revenue from two separate fee
systems under subdivisions 2 and 3, and according to the
fee-setting and cost-recovery requirements in subdivisions 4, 5,
and 6.
Subd. 2. [WEIGHTS AND MEASURES FEES.] The director shall
charge a fee to the owner for inspecting and testing weights and
measures, providing metrology services and consultation, and
providing petroleum quality assurance tests at the request of a
licensed distributor. Money collected by the director must be
paid into the state treasury and credited to the state general
fund.
Subd. 3. [PETROLEUM INSPECTION FEE.] A person who owns
petroleum products held in storage at a pipeline terminal, river
terminal, or refinery shall pay a petroleum inspection fee of 85
cents for every 1,000 gallons sold or withdrawn from the
terminal or refinery storage. The commissioner of revenue shall
collect the fee. The revenue from the fee must first be applied
to cover the amounts appropriated for petroleum product quality
inspection expenses, for the inspection and testing of petroleum
product measuring equipment, and for petroleum supply monitoring
under chapter 216C.
The commissioner of revenue shall credit a person for
inspection fees previously paid in error or for any material
exported or sold for export from the state upon filing of a
report as prescribed by the commissioner of revenue. The
commissioner of revenue may collect the inspection fee along
with any taxes due under chapter 296.
Subd. 4. [SETTING WEIGHTS AND MEASURES FEES.] The
department shall review its schedule of inspection fees at the
end of each six months. When a review indicates that the
schedule of inspection fees should be adjusted, the commissioner
shall fix the fees by rule, in accordance with section 16A.128,
to ensure that the fees charged are sufficient to recover all
costs connected with the inspections.
Subd. 5. [SETTING PETROLEUM INSPECTION FEE.] When the
department estimates that inspection costs will exceed the
revenue from the fee, the commissioner shall notify the
commissioner of finance. The commissioner of finance shall then
request a fee increase from the legislature.
Subd. 6. [COST RECOVERY REQUIREMENTS.] The cost of
inspection activities and services not specified in subdivisions
2 and 3, including related overhead costs, must be equitably
apportioned and recovered by the fees.
Sec. 73. Minnesota Statutes 1992, section 239.791,
subdivision 6, is amended to read:
Subd. 6. [OXYGENATE RECORDS; SELF AUDITS.] A registered
oxygenate blender shall commission an attestation engagement
performed by a certified public accountant audit records to
investigate demonstrate compliance with this section and with
EPA oxygenated fuel requirements. The audit report, including
the cumulative record of gasoline oxygenate blends, must be
submitted to the director, as prescribed by the director, within
120 days after the end of each carbon monoxide control period.
Sec. 74. Minnesota Statutes 1992, section 239.791,
subdivision 8, is amended to read:
Subd. 8. [DISCLOSURE.] A person responsible for the
product who delivers, distributes, sells, or offers to sell
gasoline in a carbon monoxide control area, during a carbon
monoxide control period, shall provide, at the time of delivery,
a bill of lading or shipping manifest to the person who receives
the gasoline. For oxygenated gasoline, the bill of lading or
shipping manifest must include the identity and the volume
percentage or gallons of oxygenate included in the gasoline, and
it must state: "This fuel contains an oxygenate. Do not blend
this fuel with ethanol or with any other oxygenate." For
nonoxygenated gasoline, the bill or manifest must state: "This
fuel must not be sold at retail or used in a carbon monoxide
control area." This subdivision does not apply to sales or
transfers of gasoline when the gasoline is dispensed into the
supply tanks of motor vehicles.
Sec. 75. Minnesota Statutes 1992, section 239.80,
subdivision 1, is amended to read:
Subdivision 1. [VIOLATIONS; ACTIONS OF DEPARTMENT.] The
director, or any delegated employee shall use the methods in
section 239.75 to enforce sections 239.10; 239.101, subdivision
3; 239.761, 239.78,; 239.79,; 239.791,; and 239.792.
Sec. 76. Minnesota Statutes 1992, section 239.80,
subdivision 2, is amended to read:
Subd. 2. [PENALTY.] A person who fails to comply with any
provision of section 239.10; 239.101, subdivision 3; 239.761,
239.78,; 239.79,; 239.791,; or 239.792, is guilty of a
misdemeanor.
Sec. 77. Minnesota Statutes 1992, section 257.0755, is
amended to read:
257.0755 [OFFICE OF OMBUDSPERSON; CREATION; QUALIFICATIONS;
FUNCTION.]
An ombudsperson for families shall be appointed to operate
independently but under the auspices of each of the following
groups: the Indian Affairs Council, the Spanish-Speaking
Affairs Council, the Council on Black Minnesotans, and the
Council on Asian-Pacific Minnesotans. Each of these groups
shall select its own ombudsperson subject to final approval by
the advisory board established under section 257.0768. Each
ombudsperson shall serve at the pleasure of the advisory board,
shall be in the unclassified service, shall be selected without
regard to political affiliation, and shall be a person highly
competent and qualified to analyze questions of law,
administration, and public policy regarding the protection and
placement of children from families of color. In addition, the
ombudsperson must be experienced in dealing with communities of
color and knowledgeable about the needs of those communities.
No individual may serve as ombudsperson while holding any other
public office. The ombudsperson shall have the authority to
investigate decisions, acts, and other matters of an agency,
program, or facility providing protection or placement services
to children of color. Money appropriated for each office of
ombudsperson from the general fund or the special fund
authorized by section 256.01, subdivision 2, clause (15), is
under the control of the office of ombudsperson for which it is
appropriated.
Sec. 78. Minnesota Statutes 1992, section 268.022,
subdivision 1, is amended to read:
Subdivision 1. [DETERMINATION AND COLLECTION OF SPECIAL
ASSESSMENT.] (a) In addition to all other contributions,
assessments, and payment obligations under chapter 268, each
employer, except an employer making payments in lieu of
contributions under section 268.06, subdivision 25, 26, 27, or
28, is liable for a special assessment levied at the rate of
one-tenth of one percent per year on all wages for purposes of
the contribution payable under section 268.06, subdivision 2, as
defined in section 268.04, subdivision 25. Such assessment
shall become due and be paid by each employer to the department
of jobs and training on the same schedule and in the same manner
as other contributions required by section 268.06.
(b) The special assessment levied under this section shall
not affect the computation of any other contributions,
assessments, or payment obligations due under this chapter.
(c) Notwithstanding any provision to the contrary, if on
June 30 of any year the unobligated balance of the special
assessment fund under this section is greater than $30,000,000,
the special assessment for the following year only shall be
levied at a rate of 1/20th of one percent on all wages
identified for this purpose under this subdivision.
Sec. 79. Minnesota Statutes 1992, section 268.022,
subdivision 2, is amended to read:
Subd. 2. [DISBURSEMENT OF SPECIAL ASSESSMENT FUNDS.] (a)
The money collected under this section shall be deposited in the
state treasury and credited to a dedicated fund to provide for
the dislocated worker employment and training programs
established under sections 268.975 to 268.98; including
vocational guidance, training, placement, and job development.
(b) All money in the dedicated fund is appropriated to the
commissioner who must act as the fiscal agent for the money and
must disburse the money for the purposes of this section, not
allowing the money to be used for any other obligation of the
state. All money in the dedicated fund shall be deposited,
administered, and disbursed in the same manner and under the
same conditions and requirements as are provided by law for the
other dedicated funds in the state treasury, except that all
interest or net income resulting from the investment or deposit
of money in the fund shall accrue to the fund for the purposes
of the fund.
(c) No more than five percent of the dedicated funds
collected in each fiscal year may be used by the department of
jobs and training for its administrative costs.
(d) Reimbursement for costs related to collection of the
special assessment shall be in an amount negotiated between the
commissioner and the United States Department of Labor.
(e) The dedicated funds, less amounts under paragraph
paragraphs (c), must and (d) shall be allocated as follows:
(1) 50 40 percent to be allocated according to paragraph (e)
to the substate grantees under subchapter III of the Job
Training Partnership Act, United States Code, title 29, section
1661a in proportion to each substate area's share of the federal
allocated funds, to be used to assist dislocated workers under
the standards in section 268.98;
(2) 50 percent to fund specific programs proposed under the
state plan request for proposal process and recommended by the
governor's job training council. This fund shall be used for
state plan request for proposal programs addressing plant
closings or layoffs regardless of size; and
(3) in fiscal years 1991, 1992, and 1993, any amounts
transferred to the general fund or obligated before July 1,
1991, shall be excluded from the calculation under this
paragraph.
(e) In the event that a substate grantee has obligated 100
percent of its formula allocated federal funds under subchapter
III of the Job Training Partnership Act, United States Code,
title 29, section 1651 et seq., and has demonstrated appropriate
use of the funds to the governor's job training council, the
substate grantee may request and the commissioner shall provide
additional funds to the substate area in an amount equal to the
federal formula allocated funds. When a substate grantee has
obligated 100 percent of the additional funds provided under
this section, and has demonstrated appropriate use of the funds
to the governor's job training council, the substate grantee may
request and the commissioner shall provide further additional
funds in amounts equal to the federal formula allocated funds
until the substate area receives its proportionate share of
funds under paragraph (d), clause (1).
(f) By December 31 of each fiscal year each substate
grantee and the governor's job training council shall report to
the commissioner on the extent to which funds under this section
are committed and the anticipated demand for funds for the
remainder of the fiscal year. The commissioner shall reallocate
those funds that the substate grantees and the council do not
anticipate expending for the remainder of the fiscal year to be
available for requests from other substate grantees or other
dislocated worker projects proposed to the governor's job
training council which demonstrate a need for additional funding.
(g) Due to the anticipated quarterly variations in the
amounts collected under this section, the amounts allocated
under paragraph (d) must be based on collections for each
quarter. Any amount collected in the final two quarters of the
fiscal year, but not allocated, obligated or expended in the
fiscal year, shall be available for allocation, obligation and
expenditure in the following fiscal year. annually to substate
grantees for provision of expeditious response activities under
section 268.9771 and worker adjustment services under section
268.9781; and
(2) 60 percent to be allocated to activities and programs
authorized under sections 268.975 to 268.98.
(f) Any funds not allocated, obligated, or expended in a
fiscal year shall be available for allocation, obligation, and
expenditure in the following fiscal year.
Sec. 80. Minnesota Statutes 1992, section 268.361,
subdivision 6, is amended to read:
Subd. 6. [TARGETED YOUTH.] "Targeted youth" means at-risk
persons that who are at least 16 years of age but not older than
21 24 years of age, are eligible for the high school graduation
incentive program under section 126.22, subdivisions 2 and 2a,
or are economically disadvantaged as defined in United States
Code, title 29, section 1503, and are part of one of the
following groups:
(1) persons who are not attending any school and have not
received a secondary school diploma or its equivalent; or
(2) persons currently enrolled in a traditional or
alternative school setting or a GED program and who, in the
opinion of an official of the school, are in danger of dropping
out of the school.
Sec. 81. Minnesota Statutes 1992, section 268.361,
subdivision 7, is amended to read:
Subd. 7. [VERY LOW INCOME.] "Very low income" means
incomes that are at or less than 30 50 percent of the area
median income for the Minneapolis-St. Paul metropolitan area,
adjusted for family size, as estimated by the department of
housing and urban development.
Sec. 82. Minnesota Statutes 1992, section 268.362, is
amended to read:
268.362 [GRANTS.]
Subdivision 1. [GENERALLY.] (a) The commissioner shall
make grants to eligible organizations for programs to provide
education and training services to targeted youth. The purpose
of these programs is to provide specialized training and work
experience to at-risk for targeted youth who have not been
served effectively by the current educational system. The
programs are to include a work experience component with work
projects that result in the rehabilitation, improvement, or
construction of (1) residential units for the homeless, or (2)
education, social service, or health facilities which are owned
by a public agency or a private nonprofit organization.
(b) Eligible facilities must principally provide services
to homeless or very low income individuals and families, and
include the following:
(1) Head Start or day care centers;
(2) homeless, battered women, or other shelters;
(3) transitional housing;
(4) youth or senior citizen centers; and
(5) community health centers.
Two or more eligible organizations may jointly apply for a
grant. The commissioner shall administer the grant program.
Subd. 2. [GRANT APPLICATIONS; AWARDS.] Interested eligible
organizations must apply to the commissioner for the grants.
The advisory committee must review the applications and provide
to the commissioner a list of recommended eligible organizations
that the advisory committee determines meet the requirements for
receiving a grant. The total grant award for any program may
not exceed $50,000 $80,000 per year. In awarding grants, the
advisory committee and the commissioner must give priority to:
(1) continuing and expanding effective programs by
providing grant money to organizations that are operating or
have operated successfully a successful program that meets the
program purposes under section 268.364; and
(2) distributing programs throughout the state through
start-up grants for programs in areas that are not served by an
existing program.
To receive a grant under this section, the eligible
organization must match the grant money with at least an equal
amount of nonstate money. The commissioner must verify that the
eligible organization has matched the grant money. Nothing in
this subdivision shall prevent an eligible organization from
applying for and receiving grants for more than one program. A
grant received by an eligible organization from the federal
Youthbuild Project under United States Code, title 42, section
5091, is nonstate money and may be used to meet the state match
requirement. State grant money awarded under this section may
be used by grantee organizations for match requirements of a
federal Youthbuild Project.
Sec. 83. Minnesota Statutes 1992, section 268.363, is
amended to read:
268.363 [ADVISORY COMMITTEE.]
A 13-member advisory committee is established as provided
under section 15.059 to assist the commissioner in selecting
eligible organizations to receive planning program grants,
evaluating the final reports of each organization, and providing
recommendations to the legislature. Members of the committee
may be reimbursed for expenses but may not receive any other
compensation for service on the committee. The advisory
committee consists of representatives of the commissioners of
education, human services, and jobs and training; a
representative of the chancellor of vocational education; a
representative of the commissioner of the housing finance
agency; the director of the office of jobs policy; and seven
public members appointed by the governor. Each of the following
groups must be represented by a public member experienced in
working with targeted youth: labor organizations, local
educators, community groups, consumers, local housing
developers, youth between the ages of 16 and 21 24 who have a
period of homelessness, and other homeless persons. At least
three of the public members must be from outside of the
metropolitan area as defined in section 473.121, subdivision 2.
The commissioner may provide staff to the advisory committee to
assist it in carrying out its purpose.
Sec. 84. Minnesota Statutes 1992, section 268.364,
subdivision 1, is amended to read:
Subdivision 1. [PROGRAM PURPOSE.] The grants awarded under
section 268.362 are for a youth employment and training program
directed at targeted youth who are likely to be at risk of not
completing their high school education. Each program must
include education, work experience, and job skills, and
leadership training and peer support components. Each
participant must be offered counseling and other services to
identify and overcome problems that might interfere with
successfully completing the program.
Sec. 85. Minnesota Statutes 1992, section 268.364,
subdivision 3, is amended to read:
Subd. 3. [WORK EXPERIENCE COMPONENT.] A work experience
component must be included in each program. The work experience
component must provide vocational skills training in an industry
where there is a viable expectation of job opportunities and. A
training subsidy, living allowance, or stipend, not to exceed an
amount equal to 100 percent of the poverty line for a family of
two as defined in United States Code, title 42, section 673,
paragraph (2), may be provided to program participants. The
wage or stipend must be provided to participants who are
recipients of public assistance in a manner or amount which will
not reduce public assistance benefits. The work experience
component must be designed so that work projects result in (1)
the expansion or improvement of residential units for homeless
persons and very low income families, and or (2) rehabilitation,
improvement, or construction of eligible education, social
service, or health facilities that principally serve homeless or
very low income individuals and families. Any work project must
include direct supervision by individuals skilled in each
specific vocation. Program participants may earn credits toward
the completion of their secondary education from their
participation in the work experience component.
Sec. 86. Minnesota Statutes 1992, section 268.364, is
amended by adding a subdivision to read:
Subd. 6. [LEADERSHIP TRAINING AND PEER SUPPORT COMPONENT.]
Each program must provide participants with meaningful
opportunities to develop leadership skills such as decision
making, problem solving, and negotiating. The program must
encourage participants to develop strong peer group ties that
support their mutual pursuit of skills and values.
Sec. 87. Minnesota Statutes 1992, section 268.365,
subdivision 2, is amended to read:
Subd. 2. [PRIORITY FOR HOUSING.] Any residential or
transitional housing units that become available through the
program a work project that is part of the program described in
section 268.364 must be allocated in the following order:
(1) homeless individuals targeted youth who have
participated in constructing, rehabilitating, or improving the
unit;
(2) homeless families with at least one dependent;
(3) other homeless individuals;
(4) other very low income families and individuals; and
(5) families or individuals that receive public assistance
and that do not qualify in any other priority group.
Sec. 88. Minnesota Statutes 1992, section 268.55, is
amended to read:
268.55 [FOOD BANK FOODSHELF PROGRAM.]
Subdivision 1. [DISTRIBUTION OF APPROPRIATION.] The
economic opportunity office of the department of jobs and
training shall distribute funds appropriated to it by law for
that purpose to food banks, as defined in section 31.50,
subdivision 1, paragraph (b). A food bank qualifies under this
section if it is a nonprofit corporation, or is affiliated
with to the Minnesota foodshelf association, a statewide
association of foodshelves organized as a nonprofit corporation,
as defined under section 501(c)(3) of the Internal Revenue Code
of 1986, and distributes food to distribute to qualifying
foodshelves. A foodshelf qualifies under this section if:
(1) it is a nonprofit corporation, or is affiliated with a
nonprofit corporation, as defined in section 501(c)(3) of the
Internal Revenue Code of 1986;
(2) it distributes standard food orders without charge to
needy individuals. The standard food order must consist of at
least a two-day supply or six pounds per person of nutritionally
balanced food items;
(3) it does not limit food distributions to individuals of
a particular religious affiliation, race, or other criteria
unrelated to need or to requirements necessary to administration
of a fair and orderly distribution system;
(4) it does not use the money received or the food
distribution program to foster or advance religious or political
views; and
(5) it has a stable address and directly serves individuals.
Subd. 2. [APPLICATION.] In order to receive money
appropriated for food banks under this section, a food bank the
Minnesota foodshelf association must apply to the economic
opportunity office department of jobs and training. The
application must be in a form prescribed by the economic
opportunity office and must contain information required by the
economic opportunity office to verify that the applicant is a
qualifying food bank, and the amount the applicant is entitled
to receive under subdivision 3 department of jobs and training
and must indicate the proportion of money each qualifying
foodshelf shall receive. Applications must be filed at the
times and for the periods determined by the economic opportunity
office department of jobs and training.
Subd. 3. [DISTRIBUTION FORMULA.] The economic opportunity
office Minnesota foodshelf association shall distribute
money appropriated distributed to it for by the department of
jobs and training to foodshelf programs to qualifying food banks
in proportion to the number of individuals served by the each
foodshelf programs supplied by the food bank program.
The economic opportunity office department of jobs and training
shall gather data from applications the Minnesota foodshelf
association or other appropriate sources to determine the
proportionate amount each qualifying foodshelf program is
entitled to receive. The economic opportunity office department
of jobs and training may increase or decrease the
qualifying food bank's foodshelf program's proportionate amount
if it determines the increase or decrease is necessary or
appropriate to meet changing needs or demands.
Subd. 4. [USE OF MONEY.] At least 95 96 percent of the
money distributed to food banks the Minnesota foodshelf
association under this section must be used distributed to
foodshelf programs to purchase nutritious food for, transport
and coordinate the distribution without charge to qualifying
foodshelves serving of nutritious food to needy individuals and
families. No more than five four percent of the money may be
expended for other expenses, such as rent, salaries, and other
administrative expenses of the food banks Minnesota foodshelf
association.
Subd. 5. [ENFORCEMENT.] Recipient food banks The Minnesota
foodshelf association must retain records documenting
expenditure of the money and comply with any additional
requirements imposed by the economic opportunity
office department of jobs and training. The economic
opportunity office department of jobs and training may require a
food bank receiving funds under this section the Minnesota
foodshelf association to report on its use of the funds.
The economic opportunity office department of jobs and training
may require that the report contain an independent audit. If
ineligible expenditures are made by a food bank the Minnesota
foodshelf association, the ineligible amount must be repaid to
the economic opportunity office department of jobs and training
and deposited in the general fund.
Subd. 6. [ADMINISTRATIVE EXPENSES.] All funds appropriated
under this section must be distributed to the Minnesota
foodshelf association as provided under this section with
deduction by the commissioner for administrative expenses
limited to 1.8 percent.
Sec. 89. Minnesota Statutes 1992, section 268.914,
subdivision 1, is amended to read:
Subdivision 1. [STATE SUPPLEMENT FOR FEDERAL GRANTEES.]
(a) The commissioner of jobs and training shall distribute money
appropriated for that purpose to Head Start program grantees to
expand services to additional low-income children. Money must
be allocated to each project Head Start grantee in existence on
the effective date of Laws 1989, chapter 282. Migrant and
Indian reservation grantees must be initially allocated money
based on the grantees' share of federal funds. The remaining
money must be initially allocated to the remaining local
agencies based equally on the agencies' share of federal funds
and on the proportion of eligible children in the agencies'
service area who are not currently being served. A Head Start
grantee must be funded at a per child rate equal to its
contracted, federally funded base level for program accounts 20
to 26 at the start of the fiscal year. In allocating funds
under this paragraph, the commissioner of jobs and training must
assure that each Head Start grantee is allocated no less funding
in any fiscal year than was allocated to that grantee in fiscal
year 1993. The commissioner may provide additional funding to
grantees for start-up costs incurred by grantees due to the
increased number of children to be served. Before paying money
to the grantees, the commissioner shall notify each grantee of
its initial allocation, how the money must be used, and the
number of low-income children that must be served with the
allocation. Each grantee must notify the commissioner of the
number of additional low-income children it will be able to
serve. For any grantee that cannot serve additional children to
its full allocation, the commissioner shall reduce the
allocation proportionately. Money available after the initial
allocations are reduced must be redistributed to eligible
grantees.
(b) Up to 11 percent of the funds appropriated annually may
be used to provide grants to local head start agencies to
provide funds for innovative programs designed either to target
Head Start resources to particular at-risk groups of children or
to provide services in addition to those currently allowable
under federal head start regulations. The commissioner shall
award funds for innovative programs under this paragraph on a
competitive basis.
Sec. 90. [268.92] [LEAD ABATEMENT PROGRAM.]
Subdivision 1. [DEFINITIONS.] For the purposes of this
section, the following terms have the meanings given them.
(a) "Certified worker" means a lead abatement worker
certified by the commissioner of health under section 144.878,
subdivision 5.
(b) "Certified trainer" means a lead trainer certified by
the commissioner of health under section 144.878, subdivision 5.
(c) "Certified worker" means a lead abatement worker
certified by the commissioner of health under section 144.878,
subdivision 5.
(d) "Commissioner" means the commissioner of jobs and
training.
(e) "Eligible organization" means a licensed contractor,
certified trainer, city, board of health, community health
department, community action agency as defined in section
268.52, or community development corporation.
(f) "High risk for toxic lead exposure" has the meaning
given in section 144.871, subdivision 7a.
(g) "Licensed contractor" means a contractor licensed by
the department of health under section 144.876.
(h) "Removal and replacement abatement" means lead
abatement on residential property that requires retrofitting and
conforms to the rules established under section 144.878.
(i) "Swab team" has the meaning given in section 144.871,
subdivision 9.
Subd. 2. [GRANTS; ADMINISTRATION.] Within the limits of
the available appropriation, the commissioner may make
demonstration and training grants to eligible organizations for
programs to train workers for swab teams and removal and
replacement abatement, and to provide swab team services and
removal and replacement abatement for residential property.
Grants awarded under this section must be made in
consultation with the commissioners of the department of health,
and the housing finance agency, and representatives of
neighborhood groups from areas at high risk for toxic lead
exposure, a labor organization, the lead coalition, community
action agencies, and the legal aid society. The consulting team
shall review grant applications and recommend awards to eligible
organizations that meet requirements for receiving a grant under
this section.
Subd. 3. [APPLICANTS.] (a) Interested eligible
organizations may apply to the commissioner for grants under
this section. Two or more eligible organizations may jointly
apply for a grant. Priority shall be given to community action
agencies in greater Minnesota and to either community action
agencies or neighborhood based nonprofit organizations in cities
of the first class. 3.75 percent of the total allocation may be
used for administrative costs. Applications must provide
information requested by the commissioner, including at least
the information required to assess the factors listed in
paragraph (d).
(b) The commissioner of jobs and training shall coordinate
with the commissioner of health and local boards of health to
provide swab team services. Swab teams, administered by the
commissioner of jobs and training, that are not engaged daily in
fulfilling the requirements of section 144.872, subdivision 5,
must deliver swab team services in census tracts known to be at
high risk for toxic lead exposure.
(c) Any additional grants shall be made to establish swab
teams for primary prevention, without environmental lead
testing, in census tracts at high risk for toxic lead exposure.
(d) In evaluating grant applications, the commissioner
shall consider the following criteria:
(1) the use of licensed contractors and certified lead
abatement workers for residential lead abatement;
(2) the participation of neighborhood groups and
individuals, as swab team members, in areas at high risk for
toxic lead exposure;
(3) plans for the provision of primary prevention through
swab team services in areas at high risk for toxic lead exposure
on a census tract basis without environmental lead testing;
(4) plans for supervision, training, career development,
and postprogram placement of swab team members;
(5) plans for resident and property owner education on lead
safety;
(6) plans for distributing cleaning supplies to area
residents and educating residents and property owners on
cleaning techniques;
(7) cost estimates for training, swab team services,
equipment, monitoring, and administration;
(8) measures of program effectiveness; and
(9) coordination of program activities with other federal,
state, and local public health, job training, apprenticeship,
and housing renovation programs including the emergency jobs
program under sections 268.672 to 268.881.
Subd. 4. [LEAD ABATEMENT CONTRACTORS.] (a) Eligible
organizations and licensed lead abatement contractors may
participate in the lead abatement program. An organization
receiving a grant under this section must assure that all
participating contractors are licensed and that all swab team,
and removal and replacement employees are certified by the
department of health under section 144.878, subdivision 5.
Organizations and licensed contractors may distinguish between
interior and exterior services in assigning duties and may
participate in the program by:
(1) providing on-the-job training for swab teams;
(2) providing swab team services to meet the requirements
of section 144.872;
(3) providing removal and replacement abatement using
skilled craft workers;
(4) providing primary prevention, without environmental
lead testing, in census tracts at high risk for toxic lead
exposure;
(5) providing lead dust cleaning supplies, as described in
section 144.872, subdivision 4, to residents; or
(6) instructing residents and property owners on
appropriate lead control techniques.
(b) Participating licensed contractors must:
(1) demonstrate proof of workers' compensation and general
liability insurance coverage;
(2) be knowledgeable about lead abatement requirements
established by the department of housing and urban development
and the occupational safety and health administration;
(3) demonstrate experience with on-the-job training
programs;
(4) demonstrate an ability to recruit employees from areas
at high risk for toxic lead exposure; and
(5) demonstrate experience in working with low-income
clients.
Subd. 5. [LEAD ABATEMENT EMPLOYEES.] Each worker engaged
in swab team services or removal and replacement abatement in
programs established under this section must have blood lead
concentrations below 15 micrograms per deciliter as determined
by a baseline blood lead screening. Any organization receiving
a grant under this section is responsible for lead screening and
must assure that all workers in lead abatement programs,
receiving grant funds under this section, meet the standards
established in this subdivision. Grantees must use appropriate
workplace procedures to reduce risk of elevated blood lead
levels. Grantees and participating contractors must report all
employee blood lead levels that exceed 15 micrograms per
deciliter to the commissioner of health.
Subd. 6. [ON-THE-JOB TRAINING COMPONENT.] (a) Programs
established under this section must provide on-the-job training
for swab teams. Training methods must follow procedures
established under section 144.878, subdivision 5.
(b) Swab team members must receive monetary compensation
equal to the prevailing wage as defined in section 177.42,
subdivision 6, for comparable jobs in the licensed contractor's
principal business.
Subd. 7. [REMOVAL AND REPLACEMENT COMPONENT.] (a) Within
the limits of the available appropriation, programs may be
established if a need is identified for removal and replacement
abatement in residential properties. All removal and
replacement abatement must be done using least-cost methods that
meet the standards of section 144.878, subdivision 2. Removal
and replacement abatement must be done by licensed lead
abatement contractors. All craft work that requires a state
license must be supervised by a person with a state license in
the craft work being supervised.
(b) The program design must:
(1) identify the need for trained swab team workers and
removal and replacement abatement workers;
(2) describe plans to involve appropriate groups in
designing methods to meet the need for trained lead abatement
workers; and
(3) include an examination of how program participants may
achieve certification as a part of the work experience and
training component. Certification may be achieved through
licensing, apprenticeship, or other education programs.
Subd. 8. [PROGRAM BENEFITS.] As a condition of providing
lead abatement under this section, an organization may require a
property owner to not increase rents on a property solely as a
result of a substantial improvement made with public funds under
the programs in this section.
Subd. 9. [REQUIREMENTS OF ORGANIZATIONS RECEIVING GRANTS.]
An eligible organization that is awarded a training and
demonstration grant under this section shall prepare and submit
a quarterly progress report to the commissioner beginning three
months after receipt of the grant.
Subd. 10. [REPORT.] Beginning in the year in which an
appropriation is received, the commissioner shall prepare and
submit a lead abatement program report to the legislature and
the governor by December 31, and every two years thereafter. At
a minimum, the report must describe the programs that received
grants under this section, and make recommendations for program
changes.
Sec. 91. Minnesota Statutes 1992, section 268.975,
subdivision 3, is amended to read:
Subd. 3. [DISLOCATED WORKER.] "Dislocated worker" means an
individual who is a resident of Minnesota at the time employment
ceased or was working in the state at the time employment ceased
and:
(1) has been terminated or who has received a notice of
termination from public or private sector employment, is
eligible for or has exhausted entitlement to unemployment
compensation, and is unlikely to return to the previous industry
or occupation;
(2) has been terminated or has received a notice of
termination of employment as a result of any plant closing or
any substantial layoff at a plant, facility, or enterprise;
(3) has been long-term unemployed and has limited
opportunities for employment or reemployment in the same or a
similar occupation in the area in which the individual resides,
including older individuals who may have substantial barriers to
employment by reason of age; or
(4) has been self-employed, including farmers and ranchers,
and is unemployed as a result of general economic conditions in
the community in which the individual resides or because of
natural disasters, subject to rules to be adopted by the
commissioner; or
(5) has been terminated or who has received a notice of
termination from employment with a public or nonprofit employer.
A dislocated worker must have been working in Minnesota at
the time employment ceased.
Sec. 92. Minnesota Statutes 1992, section 268.975,
subdivision 4, is amended to read:
Subd. 4. [ELIGIBLE ORGANIZATION.] "Eligible organization"
means a local government unit, nonprofit organization, community
action agency, business organization or association, or labor
organization that has applied for a prefeasibility grant under
section 268.978.
Sec. 93. Minnesota Statutes 1992, section 268.975,
subdivision 6, is amended to read:
Subd. 6. [PLANT CLOSING.] "Plant closing" means the
announced or actual permanent or temporary shutdown of a single
site of employment, or one or more facilities or operating units
within a single site of employment, if the shutdown results in
an employment loss at the single site of employment during any
30-day period for (a) 50 or more employees excluding employees
who work less than 20 hours per week; or (b) at least 500
employees who in the aggregate work at least 20,000 hours per
week, exclusive of hours of overtime.
Sec. 94. Minnesota Statutes 1992, section 268.975,
subdivision 7, is amended to read:
Subd. 7. [PREFEASIBILITY STUDY GRANT; GRANT.]
"Prefeasibility study grant" or "grant" means the grant awarded
under section 268.978.
Sec. 95. Minnesota Statutes 1992, section 268.975,
subdivision 8, is amended to read:
Subd. 8. [SUBSTANTIAL LAYOFF.] "Substantial layoff" means
a permanent reduction in the work force, which is not a result
of a plant closing, and which results in an employment loss at a
single site of employment during any 30-day period for (a) at
least 50 employees excluding those employees that work less than
20 hours a week; or (b) at least 500 employees who in the
aggregate work at least 20,000 hours per week, exclusive of
hours of overtime.
Sec. 96. Minnesota Statutes 1992, section 268.975, is
amended by adding a subdivision to read:
Subd. 9. [SUBSTATE GRANTEE.] "Substate grantee" means the
agency or organization designated to administer at the local
level federal dislocated worker programs pursuant to the federal
Job Training Partnership Act, United States Code, title 29,
section 1501, et seq.
Sec. 97. Minnesota Statutes 1992, section 268.975, is
amended by adding a subdivision to read:
Subd. 10. [WORKER ADJUSTMENT SERVICES.] "Worker adjustment
services" means the array of employment and training services
designed to assist dislocated workers make the transition to new
employment, including basic readjustment assistance, training
assistance, and support services.
Sec. 98. Minnesota Statutes 1992, section 268.975, is
amended by adding a subdivision to read:
Subd. 11. [BASIC READJUSTMENT ASSISTANCE.] "Basic
readjustment assistance" means employment transition services
that include, but are not limited to: development of individual
readjustment plans for participants; outreach and intake; early
readjustment; job or career counseling; testing; orientation;
assessment, including evaluation of educational attainment and
participant interests and aptitudes; determination of
occupational skills; provision of occupational information; job
placement assistance; labor market information; job clubs; job
search; job development; prelayoff assistance; relocation
assistance; and programs conducted in cooperation with employers
or labor organizations to provide early intervention in the
event of plant closings or substantial layoffs.
Sec. 99. Minnesota Statutes 1992, section 268.975, is
amended by adding a subdivision to read:
Subd. 12. [TRAINING ASSISTANCE.] "Training assistance"
means services that will enable a dislocated worker to become
reemployed by retraining for a new occupation or industry,
enhancing current skills, or relocating to employ existing
skills. Training services include, but are not limited to:
classroom training; occupational skill training; on-the-job
training; out-of-area job search; relocation; basic and remedial
education; literacy and English for training non-English
speakers; entrepreneurial training; and other appropriate
training activities directly related to appropriate employment
opportunities in the local labor market.
Sec. 100. Minnesota Statutes 1992, section 268.975, is
amended by adding a subdivision to read:
Subd. 13. [SUPPORT SERVICES.] "Support services" means
assistance provided to dislocated workers to enable their
participation in an employment transition and training program.
Services include, but are not limited to: family care
assistance, including child care; commuting assistance; housing
and rental assistance; counseling assistance, including personal
and financial; health care; emergency health assistance;
emergency financial assistance; work-related tools and clothing;
and other appropriate support services that enable a person to
participate in an employment and training program.
Sec. 101. [268.9755] [GOVERNOR'S JOB TRAINING COUNCIL.]
Subdivision 1. [DEFINITION.] For purposes of sections
268.022 and 268.975 to 268.98, "governor's job training council"
means the state job training coordinating council established
under the federal Job Training Partnership Act, United States
Code, title 29, section 1501, et seq.
Subd. 2. [DUTIES.] The governor's job training council
shall provide advice to the commissioner on:
(1) the use of funds made available under section 268.022,
including methods for allocation and reallocation of funds and
the allocation of funds among employment and training activities
authorized under sections 268.975 to 268.98;
(2) performance standards for programs and activities
authorized under sections 268.975 to 268.98;
(3) approval of worker adjustment services plans and
dislocation event services grants;
(4) establishing priorities for provision of worker
adjustment services to eligible dislocated workers; and
(5) the effectiveness of programs and activities authorized
in sections 268.975 to 268.98.
Sec. 102. Minnesota Statutes 1992, section 268.976,
subdivision 2, is amended to read:
Subd. 2. [NOTICE.] (a) The commissioner shall encourage
those business establishments considering a decision to effect a
plant closing, substantial layoff, or relocation of operations
located in this state to give notice of that decision as early
as possible to the commissioner, the employees of the affected
establishment, any employee organization representing the
employees, and the local government unit in which the affected
establishment is located. This notice shall be in addition to
any notice required under the Worker Adjustment and Retraining
Notification Act, United States Code, title 29, section 2101.
(b) Notwithstanding section 268.975, subdivision 6, for
purposes of this section, "plant closing" means the announced or
actual permanent or temporary shutdown of a single site of
employment, or one or more facilities or operating units within
a single site of employment, if the shutdown results in an
employment loss at the single site of employment during any
30-day period for 50 or more employees excluding employees who
work less than 20 hours per week.
Sec. 103. [268.9771] [RAPID AND EXPEDITIOUS RESPONSE.]
Subdivision 1. [RESPONSIBILITY.] The commissioner shall
respond quickly and effectively to announced or actual plant
closings and substantial layoffs. Affected workers and
employers, as well as appropriate business organizations or
associations, labor organizations, substate grantees, state and
local government units, and community organizations shall be
assisted by the commissioner through either rapid response
activities or expeditious response activities as described in
this section to respond effectively to a plant closing or mass
layoff.
Subd. 2. [COVERAGE.] Rapid response is to be provided by
the commissioner where permanent plant closings or substantial
layoffs affect at least 50 workers over a 30-day period as
evidenced by actual separation from employment or by advance
notification of a closing or layoff. Expeditious response is to
be provided by worker adjustment services plan grantees in
coordination with rapid response activities or where permanent
plant closings and substantial layoffs are not otherwise covered
by rapid response.
Subd. 3. [COORDINATION.] The commissioner and expeditious
response grantees shall coordinate their respective rapid
response and expeditious response activities. The roles and
responsibilities of each shall be detailed in written agreements
and address on-site contact with employer and employee
representatives when notified of a plant closing or substantial
layoff. The activities include formation of a community task
force, collecting and disseminating information related to
economic dislocation and available services to dislocated
workers, providing basic readjustment assistance services to
workers affected by a plant closure or substantial layoff,
conducting a needs assessment survey of workers, and developing
a plan of action responsive to the worker adjustment services
needs of affected workers.
Subd. 4. [RAPID RESPONSE ACTIVITIES.] The commissioner
shall be responsible for implementing the following rapid
response activities:
(1) establishing on-site contact with employer and employee
representatives within a short period of time after becoming
aware of a current or projected plant closing or substantial
layoff in order to:
(i) provide information on and facilitate access to
available public programs and services; and
(ii) provide emergency assistance adapted to the particular
closure or layoff;
(2) promoting the formation of a labor-management committee
by providing:
(i) immediate assistance in the establishment of the
labor-management committee;
(ii) technical advice and information on sources of
assistance, and liaison with other public and private services
and programs; and
(iii) assistance in the selection of worker representatives
in the event no union is present;
(3) collecting and disseminating information related to
economic dislocation, including potential closings or layoffs,
and all available resources with the state for dislocated
workers;
(4) providing or obtaining appropriate financial and
technical advice and liaison with economic development agencies
and other organizations to assist in effort to avert
dislocations;
(5) disseminating information throughout the state on the
availability of services and activities carried out by the
dislocated worker unit;
(6) assisting the local community in developing its own
coordinated response to a plant closing or substantial layoff
and access to state economic development assistance; and
(7) promoting the use of prefeasibility study grants under
section 268.978.
Subd. 5. [EXPEDITIOUS RESPONSE ACTIVITIES.] Grantees
designated to provide worker adjustment services through worker
adjustment services plans shall be responsible for implementing
the following expeditious response activities:
(1) establishing on-site contact with employer and employee
representatives, not otherwise covered under rapid response,
within a short period of time after becoming aware of a current
or projected plant closing or mass layoff in order to provide
information on available public programs and services;
(2) obtaining appropriate financial and technical advice
and liaison with local economic development agencies and other
organizations to assist in efforts to avert dislocations;
(3) disseminating information on the availability of
services and activities carried out by the grantee through its
worker adjustment services plan;
(4) providing basic readjustment assistance services for up
to 90 days following the initial on-site meeting with the
employer and employee representatives;
(5) assisting the local community in the development of its
own coordinated response to the closure or layoff and access to
economic development assistance;
(6) facilitating the formation of a community task force,
if appropriate, to formulate a service plan to assist affected
dislocated workers from plant closings and mass layoffs;
(7) conducting surveys of workers, if appropriate, affected
by plant closings or layoffs to identify worker characteristics
and worker adjustment service needs; and
(8) facilitating access to available public or private
programs and services, including the development of proposals to
provide access to additional resources to assist workers
affected by plant closings and substantial layoffs.
Sec. 104. Minnesota Statutes 1992, section 268.978,
subdivision 1, is amended to read:
Subdivision 1. [PREFEASIBILITY STUDY GRANTS.] (a) The
commissioner may make grants for up to $10,000 $15,000 to
eligible organizations to provide an initial assessment of the
feasibility of alternatives to plant closings or substantial
layoffs. The alternatives may include employee ownership, other
new ownership, new products or production processes, or public
financial or technical assistance to keep a plant open. Two or
more eligible organizations may jointly apply for a grant under
this section.
(b) Interested organizations shall apply to the
commissioner for the grants. As part of the application
process, applicants must provide a statement of need for a
grant, information relating to the work force at the plant, the
area's unemployment rate, the community's and surrounding area's
labor market characteristics, information of efforts to
coordinate the community's response to the plant closing or
substantial layoff, a timetable of the prefeasibility study, a
description of the organization applying for the grant, a
description of the qualifications of persons conducting the
study, and other information required by the commissioner.
(c) The commissioner shall respond to the applicant within
five working days of receiving the organization's application.
The commissioner shall inform each organization that applied for
but did not receive a grant the reasons for the grant not being
awarded. The commissioner may request further information from
those organizations that did not receive a grant, and the
organization may reapply for the grant.
Sec. 105. [268.9781] [WORKER ADJUSTMENT SERVICES PLANS.]
Subdivision 1. [WORKER ADJUSTMENT SERVICES PLANS.] The
commissioner shall establish and fund worker adjustment services
plans that are designed to assist dislocated workers in their
transition to new employment. Authorized grantees shall submit
a worker adjustment services plan biennially, with an annual
update, in a form and manner prescribed by the commissioner.
The worker adjustment services plan shall include information
required in substate plans established under the federal Job
Training Partnership Act, United States Code, title 29, section
1501, et seq. and a detailed description of expeditious response
activities to be implemented under the plan.
Subd. 2. [GRANTEES.] Entities authorized to submit a
worker adjustment services plan include substate grantees and up
to six additional eligible organizations. Criteria for
selecting the six authorized nonsubstate grantee eligible
organizations shall be established by the commissioner, in
consultation with the governor's job training council. The
criteria include, but are not limited to:
(1) the capacity to deliver worker adjustment services;
(2) an identifiable constituency from which eligible
dislocated workers may be drawn;
(3) a demonstration of a good faith effort to establish
coordination agreements with substate grantees in whose
geographic area the organization would be operating;
(4) the capability to coordinate delivery of worker
adjustment services with other appropriate programs and
agencies, including educational institutions, employment
service, human service agencies, and economic development
agencies; and
(5) sufficient administrative controls to ensure fiscal
accountability.
Subd. 3. [COVERAGE.] (a) Persons eligible to receive
worker adjustment services under this section include dislocated
workers as defined in section 268.975, subdivision 3.
(b) Worker adjustment services available under this section
shall also be available to additional dislocated workers as
defined in section 268.975, subdivision 3a, when they can be
provided without adversely affecting delivery of services to all
dislocated workers.
Subd. 4. [SUBSTATE GRANTEE FUNDING.] (a) Funds allocated
to substate grantees under section 268.022 for expeditious
response activities and worker adjustment services under this
section shall be allocated as follows:
(1) one-half of available funds shall be allocated to
substate grantees based on an allocation formula prescribed by
the commissioner, in consultation with the governor's job
training council; and
(2) one-half of available funds shall be allocated based on
need as demonstrated to the commissioner in consultation with
the governor's job training council.
(b) The formula for allocating substate grantee funds must
utilize the most appropriate information available to the
commissioner to distribute funds in order to address the state's
worker adjustment assistance needs. Information for the formula
allocation may include, but is not limited to:
(1) insured unemployment data;
(2) dislocated worker special assessment receipts data;
(3) small plant closing data;
(4) declining industries data;
(5) farmer-rancher economic hardship data; and
(6) long-term unemployment data.
(c) The commissioner shall establish a uniform procedure
for reallocating substate grantee funds. The criteria for
reallocating funds from substate grantees not expending their
allocations consistent with their worker adjustment services
plans to other substate grantees shall be developed by the
commissioner in consultation with the governor's job training
council.
Sec. 106. [268.9782] [DISLOCATION EVENT SERVICES GRANTS.]
Subdivision 1. [DISLOCATION EVENT SERVICES GRANTS.] The
commissioner shall establish and fund dislocation event services
grants designed to provide worker adjustment services to workers
displaced as a result of larger plant closings and substantial
layoffs. Grantees shall apply for a dislocation event services
grant by submitting a proposal to the commissioner in a form and
manner prescribed by the commissioner. The application must
describe the demonstrated need for intervention, including the
need for retraining, the workers to be served, the coordination
of available local resources, the services to be provided, and
the budget plan.
Subd. 2. [GRANTEES.] (a) Entities authorized to submit
dislocation event services grants include substate grantees and
other eligible organizations. Nonsubstate grantees shall
demonstrate they meet criteria established by the commissioner,
in consultation with the governor's job training council. The
criteria include, but are not limited to:
(1) the capacity to deliver worker adjustment services;
(2) an ability to coordinate its activities with substate
grantees in whose geographic area the organization will be
operating;
(3) the capability to coordinate delivery of worker
adjustment services with other appropriate programs and
agencies, including educational institutions, employment
service, human service agencies, and economic development
agencies; and
(4) sufficient administrative controls to ensure fiscal
accountability.
(b) For purposes of this section, the state job service may
apply directly to the commissioner for a dislocation event
services grant only if the effect of a plant closing or
substantial layoff is statewide or results in the termination
from employment of employees of the state of Minnesota.
Subd. 3. [COVERAGE.] Persons who may receive worker
adjustment services under this section are limited to dislocated
workers affected by plant closings and substantial layoffs
involving at least 50 workers from a single employer.
Subd. 4. [FUNDING.] The commissioner, in consultation with
the governor's job training council, may establish an emergency
funding process for dislocation event services grants. No more
than 20 percent of the estimated budget of the proposed grant
may be awarded through this procedure. The grantee shall submit
a formal dislocation event services grant application within 90
days of the initial award of emergency funding.
Sec. 107. Minnesota Statutes 1992, section 268.98, is
amended to read:
268.98 [PERFORMANCE STANDARDS, REPORTING, COST
LIMITATIONS.]
(a) Subdivision 1. [PERFORMANCE STANDARDS.] The
commissioner shall establish performance standards for the
programs and activities administered or funded through the rapid
response program under section 268.977 sections 268.975 to
268.98. The commissioner may use, when appropriate, existing
federal performance standards or, if the commissioner determines
that the federal standards are inadequate or not suitable, may
formulate new performance standards to ensure that the programs
and activities of the rapid response program dislocated worker
program are effectively administered.
(b) Not less than 20 percent of the funds expended under
this section must be used to provide needs-related payments and
other supportive services as those terms are used in subchapter
III of the Job Training Partnership Act, United States Code,
title 29, section 1661d(b). This requirement does not apply to
the extent that a program proposal requests less than 20 percent
of such funds. At the end of the fiscal year, each substate
grantee and each grant recipient shall report to the
commissioner on the types of services funded under this
paragraph and the amounts expended for such services. By
January 15 of each year, the commissioner shall provide a
summary report to the legislature.
Subd. 2. [REPORTS.] (a) Grantees receiving funds under
sections 268.9771, 268.978, 268.9781, and 268.9782 shall report
to the commissioner information on program participants,
activities funded, and utilization of funds in a form and manner
prescribed by the commissioner.
(b) The commissioner shall report quarterly to the
governor's job training council information on prefeasibility
study grants awarded, rapid response and expeditious response
activities, worker adjustment services plans, and dislocation
event services grants. Specific information to be reported
shall be by agreement between the commissioner and the
governor's job training council.
(c) The commissioner shall provide an annual report to the
governor, legislature, and the governor's job training council
on the administration of the programs funded under sections
268.9771, 268.978, 268.9781, and 268.9782.
Subd. 3. [COST LIMITATIONS.] (a) For purposes of sections
268.9781 and 268.9782, funds allocated to a grantee are subject
to the following limitations:
(1) a maximum of 15 percent for administration in a worker
adjustment services plan and ten percent in a dislocation event
services grant;
(2) a minimum of 50 percent for provision of training
assistance;
(3) a minimum of ten percent and maximum of 30 percent for
provision of support services; and
(4) the balance used for provision of basic readjustment
assistance.
(b) A waiver of the cost limitation on providing training
assistance may be requested. The waiver may not permit less
than 30 percent of the funds be spent on training assistance.
(c) The commissioner shall prescribe the form and manner
for submission of an application for a waiver under paragraph
(b). Criteria for granting a waiver shall be established by the
commissioner in consultation with the governor's job training
council.
Sec. 108. Minnesota Statutes 1992, section 298.2211,
subdivision 3, is amended to read:
Subd. 3. [PROJECT APPROVAL.] All projects authorized by
this section shall be submitted by the commissioner to the iron
range resources and rehabilitation board, which shall recommend
approval or disapproval or modification of the projects. Each
project shall then be submitted to the legislative advisory
committee for any review and comment the committee deems
appropriate. Prior to the commencement of a project involving
the exercise by the commissioner of any authority of sections
469.174 to 469.179, the governing body of each municipality in
which any part of the project is located and the county board of
any county containing portions of the project not located in an
incorporated area shall by majority vote approve or disapprove
the project. Any project, as so approved by the board and the
applicable governing bodies, if any, together with any comment
provided by the legislative advisory committee, detailed
information concerning the project, its costs, the sources of
its funding, and the amount of any bonded indebtedness to be
incurred in connection with the project, shall be transmitted to
the governor, who shall approve, disapprove, or return the
proposal for additional consideration within 30 days of
receipt. No project authorized under this section shall be
undertaken, and no obligations shall be issued and no tax
increments shall be expended for a project authorized under this
section until the project has been approved by the governor.
Sec. 109. Minnesota Statutes 1992, section 298.2213,
subdivision 4, is amended to read:
Subd. 4. [PROJECT APPROVAL.] The board shall by August 1,
1987, and each year thereafter prepare a list of projects to be
funded from the money appropriated in this section with
necessary supporting information including descriptions of the
projects, plans, and cost estimates. A project must not be
approved by the board unless it finds that:
(1) the project will materially assist, directly or
indirectly, the creation of additional long-term employment
opportunities;
(2) the prospective benefits of the expenditure exceed the
anticipated costs; and
(3) in the case of assistance to private enterprise, the
project will serve a sound business purpose.
To be proposed by the board, a project must be approved by
at least eight iron range resources and rehabilitation board
members and the commissioner of iron range resources and
rehabilitation. The list of projects must be submitted to the
legislative advisory commission for its review. The list with
the recommendation of the legislative advisory commission must
be submitted to the governor, who shall, by November 15 of each
year, approve, disapprove, or return for further consideration,
each project. The money for a project may be spent only upon
approval of the project by the governor. The board may submit
supplemental projects for approval at any time. Supplemental
projects must be submitted to the members of the legislative
advisory commission for their review and recommendations of
further review. If a recommendation is not provided within ten
days, no further review by the legislative advisory commission
is required, and the governor shall approve or disapprove each
project or return it for further consideration. If the
recommendation by a member is for further review, the governor
shall submit the request to the legislative advisory commission
for its review and recommendation. Failure or refusal of the
commission to make a recommendation promptly is a negative
recommendation.
Sec. 110. Minnesota Statutes 1992, section 298.223,
subdivision 2, is amended to read:
Subd. 2. [ADMINISTRATION.] The taconite environmental
protection fund shall be administered by the commissioner of the
iron range resources and rehabilitation board. The commissioner
shall by September 1 of each year prepare a list of projects to
be funded from the taconite environmental protection fund, with
such supporting information including description of the
projects, plans, and cost estimates as may be necessary. Upon
recommendation of the iron range resources and rehabilitation
board, this list shall be submitted to the legislative advisory
commission for its review. This list with the recommendation of
the legislative advisory commission shall then be transmitted to
the governor by November 1 of each year. By December 1 of each
year, the governor shall approve or disapprove, or return for
further consideration, each project. Funds for a project may be
expended only upon approval of the project by the governor. The
commissioner may submit supplemental projects for approval at
any time. Supplemental projects approved by the board must be
submitted to the members of the legislative advisory commission
for their review and recommendations of further review. If a
recommendation is not provided within ten days, no further
review by the legislative advisory commission is required, and
the governor shall approve or disapprove each project or return
it for further consideration. If the recommendation by any
member is for further review the governor shall submit the
request to the legislative advisory commission for its review
and recommendation. Failure or refusal of the commission to
make a recommendation promptly is a negative recommendation.
Sec. 111. Minnesota Statutes 1992, section 298.28,
subdivision 7, is amended to read:
Subd. 7. [IRON RANGE RESOURCES AND REHABILITATION BOARD.]
Three cents per taxable ton shall be paid to the iron range
resources and rehabilitation board for the purposes of section
298.22. The amount determined in this subdivision shall be
increased in 1981 and subsequent years prior to 1988 in the same
proportion as the increase in the steel mill products index as
provided in section 298.24, subdivision 1, and shall be
increased in 1989, 1990, and 1991 according to the increase in
the implicit price deflator as provided in section 298.24,
subdivision 1. In 1992 and 1993, the amount distributed per ton
shall be the same as the amount distributed per ton in 1991. In
1994, the amount distributed shall be the distribution per ton
for 1991 increased in the same proportion as the increase
between the fourth quarter of 1988 and the fourth quarter of
1992 in the implicit price deflator as defined in section
298.24, subdivision 1. That amount shall be increased in 1995
and subsequent years in the same proportion as the increase in
the implicit price deflator as provided in section 298.24,
subdivision 1. The amount distributed in 1988 shall be
increased according to the increase that would have occurred in
the rate of tax under section 298.24 if the rate had been
adjusted according to the implicit price deflator for 1987
production. The amount distributed pursuant to this subdivision
shall be expended within or for the benefit of a tax relief area
defined in section 273.134. No part of the fund provided in
this subdivision may be used to provide loans for the operation
of private business unless the loan is approved by the governor
and the legislative advisory commission.
Sec. 112. Minnesota Statutes 1992, section 298.296,
subdivision 1, is amended to read:
Subdivision 1. [PROJECT APPROVAL.] The board shall by
August 1 of each year prepare a list of projects to be funded
from the northeast Minnesota economic protection trust with
necessary supporting information including description of the
projects, plans, and cost estimates. These projects shall be
consistent with the priorities established in section 298.292
and shall not be approved by the board unless it finds that:
(a) the project will materially assist, directly or
indirectly, the creation of additional long-term employment
opportunities;
(b) the prospective benefits of the expenditure exceed the
anticipated costs; and
(c) in the case of assistance to private enterprise, the
project will serve a sound business purpose.
To be proposed by the board, a project must be approved by
at least eight iron range resources and rehabilitation board
members and the commissioner of iron range resources and
rehabilitation. The list of projects shall be submitted to the
legislative advisory commission for its review. The list with
the recommendation of the legislative advisory commission shall
be submitted to the governor, who shall, by November 15 of each
year, approve or disapprove, or return for further
consideration, each project. The money for a project may be
expended only upon approval of the project by the governor. The
board may submit supplemental projects for approval at any
time. Supplemental projects must be submitted to the members of
the legislative advisory commission for their review and
recommendations of further review. If a recommendation is not
provided within ten days, no further review by the legislative
advisory commission is required, and the governor shall approve
or disapprove each project or return it for further
consideration. If the recommendation by any member is for
further review the governor shall submit the request to the
legislative advisory commission for its review and
recommendation. Failure or refusal of the commission to make a
recommendation promptly is a negative recommendation.
Sec. 113. Minnesota Statutes 1992, section 303.13,
subdivision 1, is amended to read:
Subdivision 1. [FOREIGN CORPORATION.] A foreign
corporation shall be subject to service of process, as follows:
(1) By service on its registered agent;
(2) When any foreign corporation authorized to transact
business in this state fails to appoint or maintain in this
state a registered agent upon whom service of process may be
had, or whenever any registered agent cannot be found at its
registered office in this state, as shown by the return of the
sheriff of the county in which the registered office is
situated, or by an affidavit of attempted service by any person
not a party, or whenever any corporation withdraws from the
state, or whenever the certificate of authority of any foreign
corporation is revoked or canceled, service may be made by
delivering to and leaving with the secretary of state, or with
any authorized deputy or clerk in the corporation department of
the secretary of state's office, two copies thereof and a fee of
$35 $50; provided, that after a foreign corporation withdraws
from the state, pursuant to section 303.16, service upon the
corporation may be made pursuant to the provisions of this
section only when based upon a liability or obligation of the
corporation incurred within this state or arising out of any
business done in this state by the corporation prior to the
issuance of a certificate of withdrawal.
(3) If a foreign corporation makes a contract with a
resident of Minnesota to be performed in whole or in part by
either party in Minnesota, or if a foreign corporation commits a
tort in whole or in part in Minnesota against a resident of
Minnesota, such acts shall be deemed to be doing business in
Minnesota by the foreign corporation and shall be deemed
equivalent to the appointment by the foreign corporation of the
secretary of the state of Minnesota and successors to be its
true and lawful attorney upon whom may be served all lawful
process in any actions or proceedings against the foreign
corporation arising from or growing out of the contract or
tort. Process shall be served in duplicate upon the secretary
of state, together with the address to which service is to be
sent and a fee of $35 $50 and the secretary of state shall mail
one copy thereof to the corporation at its the last known
address listed on the records of the secretary of state or the
address provided by the party requesting service, and the
corporation shall have 30 days within which to answer from the
date of the mailing, notwithstanding any other provision of the
law. The making of the contract or the committing of the tort
shall be deemed to be the agreement of the foreign corporation
that any process against it which is so served upon the
secretary of state shall be of the same legal force and effect
as if served personally on it within the state of Minnesota.
Sec. 114. Minnesota Statutes 1992, section 303.21,
subdivision 3, is amended to read:
Subd. 3. [OTHER INSTRUMENTS.] A fee of $35 $50 shall be
paid to the secretary of state for filing any instrument, other
than the annual report required by section 303.14, required or
permitted to be filed under the provisions of this chapter. For
filing the annual report a fee of $20 must be paid to the
secretary of state. The fees shall be paid at the time of the
filing of the instrument.
Sec. 115. Minnesota Statutes 1992, section 322A.16, is
amended to read:
322A.16 [FILING IN OFFICE OF SECRETARY OF STATE.]
(a) A signed copy of the certificate of limited
partnership, of any certificates of amendment or cancellation or
of any judicial decree of amendment or cancellation shall be
delivered to the secretary of state. A person who executes a
certificate as an agent or fiduciary need not exhibit evidence
of the executor's authority as a prerequisite to filing. Unless
the secretary of state finds that any certificate does not
conform to law, upon receipt of a $35 $50 filing fee and, in the
case of a certificate of limited partnership, a $60 $50 initial
fee, the secretary shall:
(1) endorse on the original the word "Filed" and the day,
month and year of the filing; and
(2) return the original to the person who filed it or a
representative.
(b) Upon the filing of a certificate of amendment or
judicial decree of amendment in the office of the secretary of
state, the certificate of limited partnership shall be amended
as set forth in the amendment, and upon the effective date of a
certificate of cancellation or a judicial decree of it, the
certificate of limited partnership is canceled.
Sec. 116. Minnesota Statutes 1992, section 333.20,
subdivision 4, is amended to read:
Subd. 4. The application for registration shall be
accompanied by a filing fee of $35 $50, payable to the secretary
of state; provided, however, that a single credit of $10 shall
be given each applicant applying for reregistration of a mark
hereunder for each $10 filing fee paid by applicant for
registration of the same trademark prior to the effective date
of sections 333.18 to 333.31.
Sec. 117. Minnesota Statutes 1992, section 333.22,
subdivision 1, is amended to read:
Subdivision 1. Registration of a mark hereunder shall be
effective for a term of ten years from the date of registration
and, upon application filed within six months prior to the
expiration of such term or a renewal thereof, on a form to be
furnished by the secretary of state, the registration may be
renewed for additional ten-year terms provided that the mark is
in use by the applicant at the time of the application for
renewal and that there are no intervening rights. A renewal fee
of $22 $25 payable to the secretary of state shall accompany the
application for renewal of the registration.
Sec. 118. Minnesota Statutes 1992, section 336.9-403, is
amended to read:
336.9-403 [WHAT CONSTITUTES FILING; DURATION OF FILING;
EFFECT OF LAPSED FILING; DUTIES OF FILING OFFICER.]
(1) Presentation for filing of a financing statement and
tender of the filing fee or acceptance of the statement by the
filing officer constitutes filing under this article.
(2) Except as provided in subsection (6) a filed financing
statement is effective for a period of five years from the date
of filing. The effectiveness of a filed financing statement
lapses on the expiration of the five-year period unless a
continuation statement is filed prior to the lapse. If a
security interest perfected by filing exists at the time
insolvency proceedings are commenced by or against the debtor,
the security interest remains perfected until termination of the
insolvency proceedings and thereafter for a period of 60 days or
until expiration of the five-year period, whichever occurs later
regardless of whether the financing statement filed as to that
security interest is destroyed by the filing officer pursuant to
subsection (3). Upon lapse the security interest becomes
unperfected, unless it is perfected without filing. If the
security interest becomes unperfected upon lapse, it is deemed
to have been unperfected as against a person who became a
purchaser or lien creditor before lapse.
(3) A continuation statement may be filed by the secured
party within six months prior to the expiration of the five-year
period specified in subsection (2). Any such continuation
statement must be signed by the secured party, set forth the
name, social security number or other tax identification number
of the debtor, and address of the debtor and secured party as
those items appear on the original financing statement or the
most recently filed amendment, identify the original statement
by file number and filing date, and state that the original
statement is still effective. A continuation statement signed
by a person other than the secured party of record must be
accompanied by a separate written statement of assignment signed
by the secured party of record and complying with subsection (2)
of section 336.9-405, including payment of the required fee.
Upon timely filing of the continuation statement, the
effectiveness of the original statement is continued for five
years after the last date to which the filing was effective
whereupon it lapses in the same manner as provided in subsection
(2) unless another continuation statement is filed prior to such
lapse. Succeeding continuation statements may be filed in the
same manner to continue the effectiveness of the original
statement. Unless a statute on disposition of public records
provides otherwise, the filing officer may remove a lapsed
statement from the files and destroy it immediately if the
officer has retained a microfilm or other photographic record,
or in other cases after one year after the lapse. The filing
officer shall so arrange matters by physical annexation of
financing statements to continuation statements or other related
filings, or by other means, that if the officer physically
destroys the financing statements of a period more than five
years past, those which have been continued by a continuation
statement or which are still effective under subsection (6)
shall be retained. If insolvency proceedings are commenced by
or against the debtor, the secured party shall notify the filing
officer both upon commencement and termination of the
proceedings, and the filing officer shall not destroy any
financing statements filed with respect to the debtor until
termination of the insolvency proceedings. The security
interest remains perfected until termination of the insolvency
proceedings and thereafter for a period of 60 days or until
expiration of the five-year period, whichever occurs later.
(4) Except as provided in subsection (7) a filing officer
shall mark each statement with a file number and with the date
and hour of filing and shall hold the statement or a microfilm
or other photographic copy thereof for public inspection. In
addition the filing officer shall index the statements according
to the name of the debtor and shall note in the index the file
number, the address of the debtor given in the statement, and
the social security number or other tax identification number of
the debtor given in the statement.
(5) The secretary of state shall prescribe uniform forms
for statements and samples thereof shall be furnished to all
filing officers in the state. The uniform fee for filing and
indexing and for stamping a copy furnished by the secured party
to show the date and place of filing for an original financing
statement or for a continuation statement shall be $7 if the
statement is in the standard form prescribed by the secretary of
state and otherwise shall be $10, plus in each case, if the
financing statement is subject to subsection (5) of section
336.9-402, $5. An additional fee of $7 shall be collected if
more than one name is required to be indexed or if the secured
party chooses to show a trade name for any debtor listed. The
uniform fee collected for the filing of an amendment to a
financing statement if the amendment is in the standard form
prescribed by the secretary of state and does not add additional
debtor names to the financing statement shall be $7. The fee
for an amendment adding additional debtor names shall be $14 if
the amendment is in the form prescribed by the secretary of
state and, if otherwise, $17. The fee for an amendment which is
not in the form prescribed by the secretary of state but which
does not add additional names shall be $10.:
(a) for an original financing statement or statement of
continuation on a standard form prescribed by the secretary of
state, is $15 for up to two debtor names and $15 for each
additional name thereafter;
(b) for an original financing statement or statement of
continuation that is not on a standard form prescribed by the
secretary of state, is $20 for up to two debtor names and $20
for each additional name thereafter;
(c) for an amendment on a standard form prescribed by the
secretary of state that does not add debtor names, is $15;
(d) for an amendment that is not on a standard form
prescribed by the secretary of state and that does not add
debtor names, is $20;
(e) for an amendment on a standard form prescribed by the
secretary of state that does add debtor names, is $15 per debtor
name;
(f) for an amendment that is not on a standard form
prescribed by the secretary of state that does add debtor names,
is $20 per debtor name; and
(g) for each case in which the filing is subject to
subsection (5) of section 336.9-402, $5 in addition to the fee
required above.
In no case will a filing officer accept more than four
additional pages per financing statement for filing in the
uniform commercial code records.
The secretary of state shall adopt rules for filing,
amendment, continuation, termination, removal, and destruction
of financing statements.
(6) If the debtor is a transmitting utility (subsection (5)
of section 336.9-401) and a filed financing statement so states,
it is effective until a termination statement is filed. A real
estate mortgage which is effective as a fixture filing under
subsection (6) of section 336.9-402 remains effective as a
fixture filing until the mortgage is released or satisfied of
record or its effectiveness otherwise terminates as to the real
estate.
(7) When a financing statement covers timber to be cut or
covers minerals or the like (including oil and gas) or accounts
subject to subsection (5) of section 336.9-103, or is filed as a
fixture filing, it shall be filed for record and the filing
officer shall index it under the names of the debtor and any
owner of record shown on the financing statement in the same
fashion as if they were the mortgagors in a mortgage of the real
estate described, and, to the extent that the law of this state
provides for indexing of mortgages under the name of the
mortgagee, under the name of the secured party as if the secured
party were the mortgagee thereunder, or, for filing offices
other than the secretary of state, where indexing is by
description in the same fashion as if the financing statement
were a mortgage of the real estate described. If requested of
the filing officer on the financing statement, a financing
statement filed for record as a fixture filing in the same
office where nonfixture filings are made is effective, without a
dual filing, as to collateral listed thereon for which filing is
required in such office pursuant to section 336.9-401 (1) (a);
in such case, the filing officer shall also index the recorded
statement in accordance with subsection (4) using the recording
data in lieu of a file number.
(8) The fees provided for in this article shall supersede
the fees for similar services otherwise provided for by law
except in the case of security interests filed in connection
with a certificate of title on a motor vehicle.
Sec. 119. Minnesota Statutes 1992, section 336.9-404, is
amended to read:
336.9-404 [TERMINATION STATEMENT.]
(1) If a financing statement covering consumer goods is
filed on or after January 1, 1977, then within one month or
within ten days following written demand by the debtor after
there is no outstanding secured obligation and no commitment to
make advances, incur obligations or otherwise give value, the
secured party must file with each filing officer with whom the
financing statement was filed, a termination statement to the
effect that the secured party no longer claims a security
interest under the financing statement. The termination
statement must set forth the name and address of the debtor and
secured party as those items appear on the original financing
statement or the most recently filed amendment; identify the
original financing statement by file number and filing date; and
be signed by the secured party. In other cases whenever there
is no outstanding secured obligation and no commitment to make
advances, incur obligations, or otherwise give value, the
secured party must on written demand by the debtor send the
debtor, for each filing officer with whom the financing
statement was filed, a termination statement to the effect that
the secured party no longer claims a security interest under the
financing statement, which shall be identified by file number.
A termination statement signed by a person other than the
secured party of record must be accompanied by a separate
written statement of assignment signed by the secured party of
record and complying with subsection (2) of section 336.9-405,
including payment of the required fee. If the affected secured
party fails to file such a termination statement as required by
this subsection, or to send such a termination statement within
ten days after proper demand therefor the secured party shall be
liable to the debtor for $100, and in addition for any loss
caused to the debtor by such failure.
(2) On being presented with such a termination statement
the filing officer must note it in the index. If a duplicate
termination statement is provided, the filing officer shall
return one copy of the termination statement to the secured
party stamped to show the time of receipt thereof. If the
filing officer has a microfilm or other photographic record of
the financing statement, and of any related continuation
statement, statement of assignment and statement of release, the
filing officer may remove the originals from the files at any
time after receipt of the termination statement, or having no
such record, the filing officer may remove them from the files
at any time after one year after receipt of the termination
statement.
(3) There shall be no fee collected for the filing of a
termination if the termination statement is in the standard form
prescribed by the secretary of state and otherwise shall be $5,
plus in each case,. The fee for filing a termination statement
on a form that is not the standard form prescribed by the
secretary of state is $5. If the original financing statement
was subject to subsection (5) of section 336.9-402, the fee
prescribed by section 357.18, subdivision 1, clause (1), is also
required.
Sec. 120. Minnesota Statutes 1992, section 336.9-405, is
amended to read:
336.9-405 [ASSIGNMENT OF SECURITY INTEREST; DUTIES OF
FILING OFFICER; FEES.]
(1) A financing statement may disclose an assignment of a
security interest in the collateral described in the financing
statement by indication in the financing statement of the name
and address of the assignee or by an assignment itself or a copy
thereof on the face of the statement. On presentation to the
filing officer of such a financing statement the filing officer
shall mark the same as provided in section 336.9-403, clause
(4). The uniform fee for filing, indexing, and furnishing
filing data for a financing statement so indicating an
assignment shall be the same as the fee prescribed in section
336.9-403, clause (5).
(2) A secured party of record may record an assignment of
all or a part of the secured party's rights under a financing
statement by the filing. The assignment must be filed in the
place where the original financing statement was filed of a
separate written statement of. The assignment must be signed by
the secured party of record, setting forth. The assignment must
state: (i) the name and address of the secured party of record
and the debtor as those items appear on the original financing
statement or the most recently filed amendment, identifying (ii)
the file number and the date of filing of the financing
statement, giving (iii) the name and address of the assignee,
and containing (iv) a description of the collateral assigned. A
copy of the assignment is sufficient as a separate statement if
it complies with the preceding sentence.
On presentation to the filing officer of such a separate
statement, the filing officer shall mark such separate statement
with the date and hour of the filing. The filing officer shall
note the assignment on the index of the financing statement, or
in the case of a fixture filing, or a filing covering timber to
be cut, or covering minerals or the like (including oil and gas)
or accounts subject to subsection (5) of section 336.9-103. The
filing officer shall also index the assignment under the name of
the assignor as grantor and, to the extent that the law of this
state provides for indexing the assignment of a mortgage under
the name of the assignee, index the assignment of the financing
statement under the name of the assignee.
The uniform fee for filing, indexing, and furnishing filing
data about such a separate statement of assignment shall be
$7 $15 for up to two debtor names and $15 for each additional
name thereafter if the statement is in the standard form
prescribed by the secretary of state and otherwise shall be $10,
plus. If the statement is in a form that is not the standard
form prescribed by the secretary of state, the fee is $20 for up
to two debtor names and $20 for each additional name
thereafter. In each case, if where the original financing
statement was subject to subsection (5) of section 336.9-402,
the fee prescribed by section 357.18, subdivision 1, clause (1),
is also required. An additional fee of $7 shall be charged if
there is more than one name against which the statement of
assignment is required to be indexed.
Notwithstanding the provisions of this subsection, an
assignment of record of a security interest in a fixture
contained in a mortgage effective as a fixture filing
(subsection (6) of section 336.9-402) may be made only by an
assignment of the mortgage in the manner provided by the law of
this state other than Laws 1976, chapter 135.
(3) After the disclosure or filing of an assignment under
this section, the assignee is the secured party of record.
Sec. 121. Minnesota Statutes 1992, section 336.9-406, is
amended to read:
336.9-406 [RELEASE OF COLLATERAL; DUTIES OF FILING OFFICER;
FEES.]
A secured party of record may by signed statement release
all or a part of any collateral described in a filed financing
statement. The statement of release is sufficient if it
contains a description of the collateral being released, the
name and address of the debtor and secured party as those items
appear on the original financing statement or the most recently
filed amendment, and identifies the original financing statement
by file number and filing date. A statement of release signed
by a person other than the secured party of record must be
accompanied by a separate written statement of assignment signed
by the secured party of record and complying with subsection (2)
of section 336.9-405, including payment of the required fee.
Upon being presented with such a statement of release the filing
officer shall mark the statement with the hour and date of
filing and shall note the same upon the margin of the index of
the filing of the financing statement. The uniform fee for
filing and noting such a statement of release shall be $7 $15 if
the statement is in the standard form prescribed by the
secretary of state and otherwise shall be $10, plus in each
case,. If the statement is not on the standard form prescribed
by the secretary of state, the fee is $20. If the original
financing statement was subject to subsection (5) of section
336.9-402, the fee prescribed by section 357.18, subdivision 1,
clause (1), is also required.
Sec. 122. Minnesota Statutes 1992, section 336.9-407, is
amended to read:
336.9-407 [INFORMATION FROM FILING OFFICER.]
(1) If the person filing any financing statement,
termination statement, statement of assignment, or statement of
release, furnishes the filing officer a copy thereof, the filing
officer shall upon request note upon the copy the file number
and date and hour of the filing of the original and deliver or
send the copy to such person.
(2) Upon request of any person, the filing officer shall
conduct a search of the statewide computerized uniform
commercial code data base for any effective active financing
statements naming a particular debtor and any statement of
assignment thereof. The filing officer shall report the
findings as of that the date and hour of the search by issuing:
(a) a certificate listing the file number, date, and hour
of each filing and the names and addresses of each secured party
therein;
(b) photocopies of those original documents on file and
located in the office of the filing officer; or
(c) upon request, both the certificate and the photocopies
referred to in (b).
The uniform fee for conducting the search and for preparing
a certificate showing up to five listed filings or for preparing
up to five photocopies of original documents, or any combination
of up to five listed filings and photocopies, shall be $7 $15 if
the request is in the standard form prescribed by the secretary
of state and otherwise. This uniform fee shall include up to
ten photocopies of original documents. If the request for
information is made on a form other than the standard form
prescribed by the secretary of state, the fee shall be $10 $20
and shall include up to ten photocopies of original documents.
Another fee, at the same rate, shall also be charged for
conducting a search and preparing a certificate showing federal
and state tax liens on file with the filing officer naming a
particular debtor.
There shall be an additional fee of 50 cents $1 per page
for each financing statement and each statement of assignment or
tax lien listed on the certificate and for each photocopy
prepared in excess of the first five ten.
Notwithstanding the fees set in this section, a natural
person who is the subject of data must, upon the person's
request, be shown the data without charge, and upon request be
provided with photocopies of the data upon payment of no more
than the actual cost of making the copies.
Sec. 123. Minnesota Statutes 1992, section 336.9-413, is
amended to read:
336.9-413 [UNIFORM COMMERCIAL CODE ACCOUNT.]
(a) The uniform commercial code account is established as
an account in the state treasury.
(b) The filing officer with whom a financing statement,
amendment, assignment, statement of release, or continuation
statement is filed, or to whom a request for search is made,
shall collect a $4 the filing fee and forward $5 of that fee as
a surcharge on each filing or search, except that the surcharge
is $5 during the fiscal year ending June 30, 1993. By the 15th
day following the end of each fiscal quarter, each county
recorder shall forward the receipts from the surcharge
accumulated during that fiscal quarter to the secretary of
state. The surcharge does not apply to a search request made by
a natural person who is the subject of the data to be searched
except when a certificate is requested as a part of the search.
(c) The surcharge amounts received from county recorders
and the surcharge amounts collected by the secretary of state's
office must be deposited in the state treasury and credited to
the general fund.
(d) Fees that are not expressly set by statute but are
charged by the secretary of state to offset the costs of
providing a service under sections 336.9-411 to 336.9-413 must
be deposited in the state treasury and credited to the uniform
commercial code account.
(e) Fees that are not expressly set by statute but are
charged by the secretary of state to offset the costs of
providing information contained in the computerized records
maintained by the secretary of state must be deposited in the
state treasury and credited to the uniform commercial code
account.
(f) Money in the uniform commercial code account is
continuously appropriated to the secretary of state to implement
and maintain the computerized uniform commercial code filing
system under section 336.9-411 and to provide
electronic-view-only access to other computerized records
maintained by the secretary of state.
Sec. 124. Minnesota Statutes 1992, section 336A.04,
subdivision 3, is amended to read:
Subd. 3. [FEES.] (a) The fee for filing and indexing a
standard form for a lien notice, effective financing statement,
amendment, or continuation statement, and stamping the date and
place of filing on a copy of the filed document furnished by the
filing party is $10 when a single debtor name is listed. If
more than one debtor's name is listed on a standard form, the
fee is $17. If one debtor's name is listed on a nonstandard
effective filing statement, assignment or continuation
statement, or a nonstandard lien notice or assignment of a lien
notice, the fee is $13. If more than one debtor's name is
listed on a nonstandard form, the fee is $20 $15 for up to two
debtor names and $15 for each additional name thereafter.
(b) The fee for filing an amendment on the standard form
that does not add debtors' names to the lien notice or effective
financing statement is $10. If a nonstandard form is used, the
fee is $13. The fee for an amendment that adds debtors' names
is $17 if a standard form is used or $20 if a nonstandard form
is used. The fee for filing a partial release is $10 if a
standard form is used or $13 if a nonstandard form is used.
(c) A fee may not be charged for filing a termination
statement if the termination is filed within 30 days after
satisfaction of the lien or security interest. Otherwise, the
fee is $10.
(d) (c) A county recorder shall forward $5 of each filing
fee collected under this subdivision to the secretary of state
by the 15th of the month following the end of each fiscal
quarter. The surcharge amounts received from county recorders
and the surcharge amounts collected by the secretary of state's
office must be deposited in the state treasury and credited to
the general fund. The balance of the filing fees collected by a
county recorder must be deposited in the general fund of the
county.
Sec. 125. Minnesota Statutes 1992, section 336A.09,
subdivision 2, is amended to read:
Subd. 2. [SEARCHES; FEES.] (a) If a person makes a
request, the filing officer shall conduct a search of the
computerized filing system for effective financing statements or
lien notices and statements of assignment, continuation,
amendment, and partial release of a particular debtor. The
filing officer shall report the date, time, and results of the
search by issuing:
(1) a certificate listing the file number, date, and hour
of each effective financing statement found in the search and
the names and addresses of each secured party on the effective
financing statements or of each lien notice found in the search
and the names and address of each lienholder on the lien notice;
(2) photocopies of the original effective financing
statement or lien notice documents on file; or
(3) upon request, both the certificate and photocopies of
the effective financing statements or lien notices.
(b) The uniform fee for conducting a search and for
preparing a certificate showing up to five listed filings or for
preparing up to five photocopies of original documents, or any
combination of up to five listed filings and photocopies, is
$10 $15 per debtor name if the request is in the standard form
prescribed by the secretary of state and otherwise is $13. This
uniform fee shall include ten photocopies of original documents.
If the request for information is made on a form other than the
standard form prescribed by the secretary of state, the fee is
$20 per debtor name and shall include ten photocopies of
original documents. An additional fee of 50 cents $1 per page
must be charged for each listed filing and for each photocopy
prepared in excess of the first five ten. If an oral or
facsimile response is requested, there is an additional fee of
$5 per debtor name requested.
(c) A county recorder shall forward $3 $5 of each search
fee collected under this subdivision to the secretary of state
by the 15th of the month following each fiscal quarter. The
surcharge amounts received from county recorders and the
surcharge amounts collected by the secretary of state's office
must be deposited in the state treasury and credited to the
general fund. The balance of the search fees collected by a
county recorder must be deposited in the general fund of the
county.
Sec. 126. Minnesota Statutes 1992, section 349A.10,
subdivision 5, is amended to read:
Subd. 5. [DEPOSIT OF NET PROCEEDS.] Within 30 days after
the end of each month, the director shall deposit in the state
treasury the net proceeds of the lottery, which is the balance
in the lottery fund after transfers to the lottery prize fund
and credits to the lottery operations account. Of the net
proceeds, 40 percent must be credited to the Minnesota
environment and natural resources trust fund, 11 percent must be
credited to the state arts account created in section 129D.06,
for distribution as provided in that section, and the remainder
must be credited to the general fund. * (The language "11
percent must be credited to the state arts account created in
section 129D.06, for distribution as provided in that section,
and the remainder" in the preceding sentence was vetoed by the
governor.)
Sec. 127. Minnesota Statutes 1992, section 359.01,
subdivision 3, is amended to read:
Subd. 3. [FEES.] The fee for each commission shall not
exceed $40. All fees shall be retained by the commissioner and
shall be nonreturnable except that an overpayment of any fee
shall be the subject of a refund upon proper application.
Sec. 128. Minnesota Statutes 1992, section 359.02, is
amended to read:
359.02 [TERM, BOND, OATH, REAPPOINTMENT.]
A notary commissioned under section 359.01 holds office for
six years, unless sooner removed by the governor or the district
court. Before entering upon the duties of office, a newly
commissioned notary shall file the notary's oath of office with
the secretary of state. Within 30 days before the expiration of
the commission a notary may be reappointed for a new term to
commence and to be designated in the new commission as beginning
upon the day immediately following the date of the expiration.
The reappointment takes effect and is valid although the
appointing governor may not be in the office of governor on the
effective day.
Subdivision 1. [EXPIRATION IN 1995.] Notary commissions
issued before January 3, 1995, expire on January 31, 1995.
Subd. 2. [SIX-YEAR LICENSING PERIOD.] Notary commissions
issued after January 31, 1995, expire at the end of the
licensing period that will end every sixth year following
January 31, 1995.
Subd. 3. [PARTIAL LICENSING PERIODS.] Notary commissions
issued during a licensing period expire at the end of that
period as set forth in this section.
Sec. 129. Minnesota Statutes 1992, section 386.65, is
amended to read:
386.65 [EXAMINATION OF APPLICANTS FOR LICENSE.]
Subdivision 1. Applications for a license shall be made to
the board commissioner and shall be upon a form to be prepared
by the board commissioner and contain such information as may be
required by it. Upon receiving such application, the board
commissioner shall fix a time and place for the examination of
such applicant. Notice of such examination shall be given to
the applicant by certified mail, who shall thereon take the
examination pursuant to such notice. The examination shall be
conducted by the board commissioner under such rules as
the board commissioner may prescribe, and such rules shall
prescribe that the applicant must show qualification by
experience, education or training to qualify as being capable of
performing the duties of an abstracter whose work will be for
the use and protection of the public. If application is made by
a firm or corporation, one of the members or managing officials
thereof shall take such examination. If the applicant
successfully passes the examination and complies with all the
provisions of sections 386.61 to 386.76, the board commissioner
shall cause its executive secretary to issue a license to the
applicant.
Sec. 130. Minnesota Statutes 1992, section 386.66, is
amended to read:
386.66 [BOND OR ABSTRACTER'S LIABILITY INSURANCE POLICY.]
Before a license shall be issued, the applicant shall file
with the board commissioner a bond or abstracter's liability
insurance policy to be approved by the chair or executive
secretary commissioner, running to the state of Minnesota in the
penal sum of at least $100,000 conditioned for the payment by
such abstracter of any damages that may be sustained by or
accrue to any person by reason of or on account of any error,
deficiency or mistake arising wrongfully or negligently in any
abstract, or continuation thereof, or in any certificate showing
ownership of, or interest in, or liens upon any lands in the
state of Minnesota, whether registered or not, made by and
issued by such abstracter, provided however, that the aggregate
liability of the surety to all persons under such bond shall in
no event exceed the amount of such bond. In any county having
more than 200,000 inhabitants the bond or insurance policy
required herein shall be in the penal sum of at least $250,000.
Applicants having cash or securities or deposit with the state
of Minnesota in an amount equal to the said bond or insurance
policy shall be exempt from furnishing the bond or an insurance
policy herein required but shall be liable to the same extent as
if a bond or insurance policy has been given and filed. The
bond or insurance policy required hereunder shall be written by
some surety or other company authorized to do business in this
state issuing bonds or abstracter's liability insurance policies
and shall be issued for a period of one or more years, and
renewed for one or more years at the date of expiration as
principal continues in business. The aggregate liability of
such surety on such bond or insurance policy for all damages
shall, in no event, exceed the sum of said bond or insurance
policy.
Sec. 131. Minnesota Statutes 1992, section 386.67, is
amended to read:
386.67 [LICENSED ABSTRACTER, SEAL.]
A licensed abstracter furnishing abstracts of title to real
property under the provisions hereof shall provide a seal, which
seal shall show the name of such licensed abstracter, and shall
file with the executive secretary of the board commissioner an
impression of or copy made by such seal and the signatures of
persons authorized to sign certificates on abstracts and
continuations of abstracts and certificates showing ownership
of, or interest in, or liens upon any lands in the state of
Minnesota, whether registered or not, issued by such licensed
abstracter.
Sec. 132. Minnesota Statutes 1992, section 386.68, is
amended to read:
386.68 [FEES.]
For The services specified in sections 386.61 to 386.76
following fees shall be set by the board must be paid to the
commissioner: an examination fee of $25; an initial licensing
fee of $50; and a license renewal fee of $40.
Sec. 133. Minnesota Statutes 1992, section 386.69, is
amended to read:
386.69 [LICENSES.]
Licenses issued by said board the commissioner under the
provisions hereof shall recite that such bond or insurance
policy has been duly filed and approved, and the license shall
authorize the official, person, firm or corporation named in it
to engage in and carry on the business of an abstracter of real
estate titles in the county in which said official, person, firm
or corporation is authorized to make abstracts. The license
shall be issued for a period as determined by the board
commissioner, and shall thereafter be renewed upon conditions
prescribed by the board commissioner.
Sec. 134. [386.705] [ADMINISTRATIVE ACTIONS AND
PENALTIES.]
An abstracter licensed under sections 386.61 to 386.76 is
subject to the penalties imposed pursuant to section 45.027.
The commissioner has all the powers provided in section 45.027
and shall proceed in the manner provided by that section in
actions against abstracters.
Sec. 135. [386.706] [RULES.]
The commissioner may adopt rules necessary for the
administration of sections 386.61 to 386.76.
Sec. 136. Minnesota Statutes 1992, section 462A.057,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT; PURPOSE.] There is
established The agency may establish the Minnesota rural and
urban homesteading program to be administered by the agency for
the purpose of making grants or loans to eligible applicants to
acquire, rehabilitate, and sell eligible property. The program
is directed at single family residential properties in need of
rehabilitation that are sold to "at risk" home buyers committed
to strengthening the neighborhood and following a good neighbor
policy.
Sec. 137. [462A.204] [FAMILY HOMELESS PREVENTION AND
ASSISTANCE PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] The agency may establish a
family homeless prevention and assistance program to assist
families who are homeless or are at imminent risk of
homelessness. The agency may make grants to develop and
implement family homeless prevention and assistance projects
under the program. For purposes of this section, "families"
means families and persons under the age of 18.
Subd. 2. [SELECTION CRITERIA.] The agency shall award
grants to counties with a significant number or significant
growth in the number of homeless families and that agree to
focus their emergency response systems on homeless prevention
and the securing of permanent or transitional housing for
homeless families. The agency shall take into consideration the
extent to which the proposed project activities demonstrate ways
in which existing resources in an area may be more effectively
coordinated to meet the program objectives specified under this
section in awarding grants.
Subd. 3. [SET ASIDE.] At least one grant must be awarded
in an area located outside of the metropolitan area as defined
in section 473.121, subdivision 2. A county, a group of
contiguous counties jointly acting together, or a
community-based nonprofit organization with a sponsoring
resolution from each of the county boards of the counties
located within its operating jurisdiction may apply for and
receive grants for areas located outside the metropolitan area.
Subd. 4. [PROJECT REQUIREMENTS.] Each project must be
designed to stabilize families in their existing homes, shorten
the amount of time that families stay in emergency shelters, and
assist families with securing transitional or permanent
affordable housing throughout the grantee's area of operation.
Each project must include plans for the following:
(1) use of existing housing stock, including the
maintenance of current housing for those at risk;
(2) leveraging of private and public money to maximize the
project impact;
(3) coordination and use of existing public and private
providers of rental assistance, emergency shelters, transitional
housing, and affordable permanent housing;
(4) targeting of direct financial assistance including
assistance for rent, utility payments or other housing costs,
and support services, where appropriate, to prevent homelessness
and repeated episodes of homelessness;
(5) efforts to address the needs of specific homeless
populations;
(6) identification of outcomes expected from the use of the
grant award; and
(7) description of how the organization will use other
resources to address the needs of homeless individuals.
Subd. 5. [AUTHORIZED USES OF GRANT.] A grant may be used
to prevent or decrease the period of homelessness of families
and to decrease the time period that families stay in emergency
shelters. Grants may not be used to acquire, rehabilitate, or
construct emergency shelters or transitional or permanent
housing. Grants may not be used to pay more than 24 months of
rental assistance for a family.
Subd. 6. [ADVISORY COMMITTEE.] Each grantee shall
establish an advisory committee consisting of a homeless
advocate, a homeless person or formerly homeless person, a
member of the state interagency task force on homelessness,
local representatives, if any, of public and private providers
of emergency shelter, transitional housing, and permanent
affordable housing, and other members of the public not
representatives of those specifically described in this
sentence. The grantee shall consult on a regular basis with the
advisory committee in preparing the project proposal and in the
design, implementation, and evaluation of the project. The
advisory committee shall assist the grantee as follows:
(1) designing or refocusing the grantee's emergency
response system;
(2) developing project outcome measurements; and
(3) assessing the short- and long-term effectiveness of the
project in meeting the needs of families who are homeless,
preventing homelessness, identifying and developing innovative
solutions to the problem of homeless families, and identifying
problems and barriers to providing services to homeless families.
Subd. 7. [REPORTING REQUIREMENTS.] Each grantee shall
submit an annual project report to the state interagency task
force on homelessness. The report must include the actual
program results compared to program objectives. The state
interagency task force shall report on program activities to all
state agencies that provide assistance or services to homeless
persons.
Sec. 138. [462A.207] [MORTGAGE FORECLOSURE PREVENTION AND
EMERGENCY RENTAL ASSISTANCE PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] The agency shall, within
the limits of available appropriations, establish a mortgage
foreclosure prevention and emergency rental assistance program
to provide assistance to low-income and moderate-income persons
who are facing the loss of their housing due to circumstances
beyond their control. Priority for assistance under this
section must be given to persons and families at or below 60
percent of area median income, adjusted for family size, as
determined by the department of housing and urban development.
Subd. 2. [ADMINISTRATION.] The agency may contract with
community-based, nonprofit organizations that meet the
requirements specified in this section to provide either
mortgage foreclosure assistance or rental assistance, or both.
Preference must be given to nonprofit organizations that
demonstrate the greatest ability to leverage program money with
other sources of funding, or to organizations serving areas
without access to mortgage foreclosure assistance or rental
assistance. The agency may require an organization to match
program money with other money or resources.
Subd. 3. [ORGANIZATION ELIGIBILITY.] A nonprofit
organization must be able to demonstrate that it is qualified to
deliver program services, has relevant expertise in mortgage
foreclosure prevention or landlord and tenant procedures, and is
able to perform the duties required under the program. An
organization must provide the agency with a detailed description
of how the proposed program would be administered, including the
qualifications of staff. An organization may not be part of,
nor affiliated with, a mortgage lender nor provide assistance to
a household which occupies a housing unit owned or managed by
the organization.
Subd. 4. [SELECTION CRITERIA.] The agency shall take the
following criteria into consideration when determining whether
an organization is qualified to administer the program:
(1) the prior experience of the nonprofit organization in
establishing, administering, and maintaining a mortgage
foreclosure prevention or a rental assistance program;
(2) the documented familiarity of the organization
regarding mortgage foreclosure prevention procedures, landlord
and tenant procedures, and other services available to assist
with preventing the loss of housing;
(3) the reasonableness of the proposed budget in meeting
the program objectives;
(4) the documented ability of the organization to provide
financial assistance; and
(5) the documented ability of the organization to provide
mortgage foreclosure prevention or other financial or tenant
counseling.
Subd. 5. [DESIGNATED AREAS.] A program administrator must
designate specific areas, communities, or neighborhoods within
which the program is proposed to be operated for the purpose of
focusing resources.
Subd. 6. [ASSISTANCE.] (a) Program assistance includes
general information, screening, assessment, referral services,
case management, advocacy, and financial assistance to borrowers
who are delinquent on mortgage, contract for deed, or rent
payments.
(b) Not more than one-half of program funding may be used
for mortgage or financial counseling services.
(c) Financial assistance consists of:
(1) payments for delinquent mortgage or contract for deed
payments, future mortgage or contract for deed payments for a
period of up to six months, property taxes, assessments,
utilities, insurance, home improvement repairs, or other costs
necessary to prevent foreclosure; or
(2) delinquent rent payments, utility bills, any fees or
costs necessary to redeem the property, future rent payments for
a period of up to six months, and relocation costs if necessary.
(d) An individual or family may receive the lesser of six
months or $4,500 of financial assistance.
Subd. 7. [REPAYMENT.] The agency may require the recipient
of financial assistance to enter into an agreement with the
agency for repayment. The repayment agreement for mortgages or
contract for deed buyers must provide that in the event the
property is sold, transferred, or otherwise conveyed, or ceases
to be the recipient's principal place of residence, the
recipient shall repay all or a portion of the financial
assistance. The agency may take into consideration financial
hardship in determining repayment requirements. The repayment
agreement may be secured by a lien on the property for the
benefit of the agency.
Subd. 8. [REPORT.] By January 10 of every year, each
nonprofit organization that delivers services under this section
must submit a report to the agency that summarizes the number of
people served, the number of applicants who were not served,
sources and amounts of nonstate money used to fund the services,
and the number and type of referrals to other service
providers. The agency shall annually submit a report to the
legislature by February 15 that summarizes the service provider
reports, and provide an assessment of the effectiveness of the
program in preventing mortgage foreclosure and homelessness.
Sec. 139. [462A.208] [MENTAL ILLNESS CRISIS HOUSING
ASSISTANCE ACCOUNT.]
Subdivision 1. [CREATION.] The mental illness crisis
housing assistance account is established as a separate account
in the housing development fund. The assistance account
consists of money appropriated to it.
Subd. 2. [RENTAL ASSISTANCE.] The account shall pay up to
90 days of rental assistance for persons with a diagnosed mental
illness who require short-term inpatient care for stabilization.
Subd. 3. [ELIGIBILITY.] Rental assistance under this
section is available only to persons of low and moderate income
as determined by the department of housing and urban development.
Subd. 4. [ADMINISTRATION.] The agency may contract with
organizations or government units experienced in rental
assistance to operate the program under this section.
Sec. 140. Minnesota Statutes 1992, section 462A.21, is
amended by adding a subdivision to read:
Subd. 17. [MORTGAGE FORECLOSURE PREVENTION AND EMERGENCY
RENTAL ASSISTANCE.] The agency may spend money for the purposes
of section 462A.207 and may pay the costs and expenses necessary
and incidental to the development and operation of the program.
Sec. 141. Minnesota Statutes 1992, section 462A.21, is
amended by adding a subdivision to read:
Subd. 18. [FAMILY HOMELESS PREVENTION AND ASSISTANCE.] The
agency may spend money for the purposes of section 462A.204 and
may pay the costs and expenses necessary and incidental to the
development and operation of the program.
Sec. 142. Minnesota Statutes 1992, section 462A.21, is
amended by adding a subdivision to read:
Subd. 19. [MENTAL ILLNESS CRISIS HOUSING ASSISTANCE.] The
agency may spend money for the purpose of section 462A.208 and
may pay the costs and expenses necessary and incidental to the
development and operation of the program authorized in section
462A.207.
Sec. 143. Minnesota Statutes 1992, section 462A.21, is
amended by adding a subdivision to read:
Subd. 20. [COMMUNITY DEVELOPMENT CORPORATIONS.] It may
make grants to and enter into contracts with community
development corporations under section 116J.982, and may pay the
costs and expenses for the development and operation of the
program.
Sec. 144. Minnesota Statutes 1992, section 469.011,
subdivision 4, is amended to read:
Subd. 4. [EXPENSES; COMPENSATION.] Each commissioner may
receive necessary expenses, including traveling expenses,
incurred in the performance of duties. Each commissioner may be
paid up to $55 for attending each regular and special meeting of
the authority. Commissioners who are elected officials or
full-time state employees or full-time employees of the
political subdivisions of the state may not receive the daily
payment, but they may suffer no loss in compensation or benefits
from the state or a political subdivision as a result of their
service on the board. Commissioners who are elected officials
may receive the daily payment for a particular day only if they
do not receive any other daily payment for public service on
that day. Commissioners who are full-time state employees or
full-time employees of the political subdivisions of the state
may receive the expenses provided for in this subdivision unless
the expenses are reimbursed by another source.
Sec. 145. [504.36] [PETS IN SUBSIDIZED HANDICAPPED
ACCESSIBLE RENTAL HOUSING UNITS.]
In a multiunit residential building, a tenant of a
handicapped accessible unit, in which the tenant or the unit,
receives a subsidy that directly reduces or eliminates the
tenant's rent responsibility must be allowed to have two birds
or one spayed or neutered dog or one spayed or neutered cat. A
renter under this section may not keep or have visits from an
animal that constitutes a threat to the health or safety of
other individuals, or causes a noise nuisance or noise
disturbance to other renters. The landlord may require the
renter to pay an additional damage deposit in an amount
reasonable to cover damage likely to be caused by the animal.
The deposit is refundable at any time the renter leaves the unit
of housing to the extent it exceeds the amount of damage
actually caused by the animal.
Sec. 146. [REPEALER.]
Minnesota Statutes 1992, sections 44A.12; 138.97; 239.05,
subdivision 2c; 239.52; 239.78; 268.365, subdivision 1; 268.914,
subdivision 2; 268.977; 268.978, subdivision 3; 386.61,
subdivision 3; 386.63; 386.64; and 386.70, are repealed.
Sec. 147. [EFFECTIVE DATES.]
Subdivision 1. [1993 APPROPRIATIONS.] Any provisions
appropriating money for fiscal year 1993 are effective the day
following final enactment.
Subd. 2. [STATE ARTS ACCOUNT.] Sections 59 and 126 are
effective July 1, 1995.
Presented to the governor May 20, 1993
Signed by the governor May 24, 1993, 6:24 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes