Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1994, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 632-S.F.No. 2913
An act relating to the organization and operation of
state government; appropriating money for agriculture,
the environment, natural resources, public
administration, community development, public safety,
transportation, and certain agencies of state
government; supplementing, reducing, and transferring
earlier appropriations, with certain conditions;
regulating certain activities and practices; providing
for appointments, penalties, accounts, fees, and
reports; amending Minnesota Statutes 1992, sections
3.97, subdivision 11; 3.971, by adding a subdivision;
13.99, by adding subdivisions; 16A.124, subdivisions 2
and 7; 16A.127, as amended; 16A.15, subdivision 3;
16B.01, subdivision 4; 16B.05, subdivision 2; 16B.06,
subdivisions 1 and 2; 16B.32, by adding a subdivision;
17B.15, subdivision 1; 32.103; 41A.09, subdivisions 2
and 5; 43A.316, subdivision 9; 43A.37, subdivision 1;
44A.0311; 60A.14, subdivision 1; 60A.19, subdivision
4; 60A.21, subdivision 2; 60K.03, subdivisions 1, 5,
and 6; 60K.06; 60K.19, subdivision 8; 69.031,
subdivision 5; 82.20, subdivisions 7 and 8; 82.21, by
adding a subdivision; 82B.08, subdivisions 4 and 5;
82B.09, subdivision 1; 82B.19, subdivision 1; 83.25;
84.0887, by adding subdivisions; 85.015, subdivision
1; 94.09, subdivision 5; 97A.441, by adding a
subdivision; 97A.485, subdivision 8; 103F.725, by
adding a subdivision; 103F.745; 103F.761, subdivision
2; 115A.5501, subdivision 2; 116.07, by adding a
subdivision; 116.182, subdivisions 2, 3, 4, and 5;
116J.9673, subdivision 4; 129D.14, subdivision 5;
138.01, subdivision 1; 138.34; 138.35, subdivision 1;
138.38; 138.40, subdivision 3; 138.94, by adding a
subdivision; 151.01, subdivision 28; 151.15,
subdivision 3; 151.25; 154.11, subdivision 1; 154.12;
168A.29, subdivision 1; 171.06, subdivision 3;
176.102, subdivisions 3a and 14; 176.611, subdivision
6a; 204B.27, by adding a subdivision; 257.0762,
subdivision 2; 257.0768; 268.53, subdivision 5;
296.02, subdivision 7; 298.2211, by adding a
subdivision; 326.12, subdivision 3; 345.47,
subdivision 4; 353.65, subdivision 7; 354.06,
subdivision 1; 446A.02, subdivision 1, and by adding a
subdivision; 446A.03, by adding a subdivision;
446A.07, subdivisions 4, 6, 8, 9, and 11; 446A.071,
subdivision 1; 446A.11, subdivision 1; 446A.12,
subdivision 1; 446A.15, subdivision 6; 462A.05, by
adding a subdivision; 466.01, subdivision 1; 477A.12;
504.34, subdivision 3; 570.01; 570.02, subdivision 1;
570.025, subdivision 2; Minnesota Statutes 1993
Supplement, sections 15.50, subdivision 2; 15.91;
16A.152, subdivision 2; 16B.06, subdivision 2a;
16B.08, subdivision 7; 41A.09, subdivision 3; 44A.025;
60A.198, subdivision 3; 82.21, subdivision 1; 82.22,
subdivisions 6 and 13; 82.34, subdivision 3; 84.872;
97A.028, subdivision 3; 97B.071; 115C.09, subdivision
1; 116J.966, subdivision 1; 138.763, subdivision 1;
144C.03, subdivision 2; 144C.07, subdivision 2;
239.785, subdivision 2, and by adding a subdivision;
257.0755; 268.98, subdivision 1; 446A.03, subdivision
1; 477A.14; 504.33, subdivisions 5 and 7; and 504.34,
subdivisions 1 and 2; Laws 1993, chapters 192, section
17, subdivision 3; and 369, section 5, subdivision 4;
proposing coding for new law in Minnesota Statutes,
chapters 15; 16B; 17; 32; 154; 181; 197; 268; 268A;
299D; 446A; and 645; proposing coding for new law as
Minnesota Statutes, chapter 16D; repealing Minnesota
Statutes 1992, sections 10.11, subdivision 1; 10.12;
10.14; 10.15; 16A.06, subdivision 8; 16A.124,
subdivision 6; 154.16; 154.165; 197.235; 268.31;
268.315; 268.32; 268.33; 268.34; 268.35; 268.36;
355.04; 355.06; 446A.03, subdivision 3; and 446A.08;
Laws 1985, First Special Session chapter 12, article
11, section 19.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
PUBLIC SAFETY
Section 1. [PUBLIC SAFETY; APPROPRIATIONS.]
The sums set forth in the columns headed "APPROPRIATIONS"
are appropriated from the general fund, or another named fund,
to the commissioner of public safety for the purposes specified
and are to be added to or reduced from appropriations for the
fiscal years ending June 30, 1994, and June 30, 1995, in Laws
1993, chapter 266.
APPROPRIATIONS
Available for the Year
Ending June 30
1994 1995
Sec. 2. PUBLIC SAFETY $ (393,000)$ 4,884,000
SUMMARY BY FUND
General Fund 15,000 59,000
Special Revenue Fund 4,300,000
Trunk Highway Fund (408,000) 525,000
(a) Emergency Management 15,000 59,000
These appropriations are added to the
appropriations in Laws 1993, chapter
266, section 5, subdivision 7, and are
to pay 50 percent of the costs of three
regional office support positions.
(b) State Patrol (408,000) 4,825,000
These appropriations are changes to the
appropriations in Laws 1993, chapter
266, section 5, subdivision 3. A
reduction of $408,000 the first year is
for radio communication consolidation
and an increase of $525,000 the second
year is to maintain full staffing at
the ten state patrol communication
centers. These appropriations are from
the trunk highway fund.
Of this appropriation $4,300,000 is
from the state patrol motor vehicle
account in the transportation services
fund for purchasing motor vehicles used
by state troopers. Of this amount, up
to $54,000 in fiscal year 1995 may be
used by the department for the
implementation of the title
registration fee change in section 4.
Sec. 3. [TRAFFIC ESCORT SERVICES REPORT.]
The commissioner of public safety shall report to the
chairs of the transportation policy and finance committees of
the senate and house of representatives by October 1, 1994, on
the usage of the Minnesota state patrol for traffic escort
services when a special permit is required for over-sized
loads. The report shall include usage from July 1, 1990, until
June 30, 1994, and report time worked and amounts paid to patrol
officers, amounts reimbursed to the state, accident claims, and
all expenses associated with special permit traffic escort
services incurred by the state. The report should also include
any special training and safety procedures followed for mobile
traffic control.
Sec. 4. Minnesota Statutes 1992, section 168A.29,
subdivision 1, is amended to read:
Subdivision 1. [AMOUNTS.] (a) The department shall be paid
the following fees:
(1) for filing an application for and the issuance of an
original certificate of title, the sum of $2;
(2) for each security interest when first noted upon a
certificate of title, including the concurrent notation of any
assignment thereof and its subsequent release or satisfaction,
the sum of $2;
(3) for the transfer of the interest of an owner and the
issuance of a new certificate of title, the sum of $2;
(4) for each assignment of a security interest when first
noted on a certificate of title, unless noted concurrently with
the security interest, the sum of $1;
(5) for issuing a duplicate certificate of title, the sum
of $4.
(b) In addition to each of the fees required under
paragraph (a), clauses (1) and (3), the department shall be paid:
(1) from July 1, 1994, to June 30, 1997, $3.50; but then
(2) after June 30, 1997, $1.
The additional fee collected under this paragraph must be
deposited in the transportation services fund and credited to
the state patrol motor vehicle account established in section
299D.10.
Sec. 5. Minnesota Statutes 1992, section 171.06,
subdivision 3, is amended to read:
Subd. 3. [CONTENTS OF APPLICATION; OTHER INFORMATION.] An
application must state the full name, date of birth, sex and
residence address of the applicant, a description of the
applicant in such manner as the commissioner may require, and
must state whether or not the applicant has theretofore been
licensed as a driver; and, if so, when and by what state or
country and whether any such license has ever been suspended or
revoked, or whether an application has ever been refused; and,
if so, the date of and reason for such suspension, revocation,
or refusal, together with such facts pertaining to the applicant
and the applicant's ability to operate a motor vehicle with
safety as may be required by the commissioner. An application
for a Class CC, Class B, or Class A driver's license also must
state the applicant's social security number. An application
for a Class C driver's license must have a space for the
applicant's social security number and state that providing the
number is optional, or otherwise convey that the applicant is
not required to enter the social security number. The
application form must contain a space where the applicant may
indicate a desire to make an anatomical gift. If the applicant
does not indicate a desire to make an anatomical gift when the
application is made, the applicant must be offered a donor
document in accordance with section 171.07, subdivision 5. The
application form must contain statements sufficient to comply
with the requirements of the uniform anatomical gift act (1987),
sections 525.921 to 525.9224, so that execution of the
application or donor document will make the anatomical gift as
provided in section 171.07, subdivision 5, for those indicating
a desire to make an anatomical gift. The application form must
contain a notification to the applicant of the availability of a
living will designation on the license under section 171.07,
subdivision 7. The application must be in the form prepared by
the commissioner.
The application form must be accompanied by a pamphlet
containing relevant facts relating to:
(1) the effect of alcohol on driving ability;
(2) the effect of mixing alcohol with drugs;
(3) the laws of Minnesota relating to operation of a motor
vehicle while under the influence of alcohol or a controlled
substance; and
(4) the levels of alcohol-related fatalities and accidents
in Minnesota and of arrests for alcohol-related violations.
The application form must also be accompanied by a pamphlet
describing Minnesota laws regarding anatomical gifts and the
need for and benefits of anatomical gifts.
Sec. 6. [299D.10] [STATE PATROL MOTOR VEHICLE ACCOUNT.]
The state patrol motor vehicle account is created in the
transportation services fund, consisting of the fees collected
under section 168A.29, subdivision 1, paragraph (b).
Sec. 7. [EFFECTIVE DATE.]
This article is effective July 1, 1994, except that any
provisions appropriating money for fiscal year 1994 are
effective the day following final enactment.
ARTICLE 2
ENVIRONMENT AND NATURAL RESOURCES
Section 1. [APPROPRIATIONS.]
Except as otherwise provided in this article, the sums set
forth in the columns designated "1994 and 1995 APPROPRIATION
CHANGE" are appropriated from the general fund, or other named
fund, to the agencies for the purposes specified in this article
and are to be added to or reduced from appropriations for the
fiscal years ending June 30, 1994 and June 30, 1995, in Laws
1993, chapter 172, or another named law. Amounts to be reduced
are designated by parentheses.
SUMMARY BY FUND
1994 1995
General $ $ 6,666,000
Game and Fish (1,206,000) (3,207,000)
Environmental Trust 1,346,000
Minnesota Future Resources 1,404,000
TOTAL 1,544,000 3,459,000
APPROPRIATIONS
Available for the Year
Ending June 30
1994 1995
$ $
Sec. 2. BOARD OF WATER
AND SOIL RESOURCES -0- 1,135,000
$1,005,000 is appropriated for
implementation of the state revolving
fund. Of this amount, $865,000 is for
local implementation of the state
revolving fund, which provides grants
to soil and water conservation
districts (SWCDs). The SWCDs must use
the grants to hire staff to assist
landowners to implement a variety of
conservation practices.
$130,000 is appropriated for fiscal
year 1995 to the board of water and
soil resources to fund a cooperative
effort with the Minnesota extension
service to work on groundwater
education efforts with local units of
government and landowners and for
grants under the groundwater education
activities program.\H* (The preceding\h
\Hparagraph beginning "$130,000" was\h
\Hvetoed by the governor.)\h
Sec. 3. POLLUTION CONTROL -0- 2,373,000
(a) Feedlot Assistance and Compliance
$1,800,000 is appropriated in fiscal
year 1995, for feedlot compliance and
local assistance.
Of this amount, $900,000 is for grants
for county administration of the
feedlot permit program, to be
administered by the board of water and
soil resources in accordance with
Minnesota Statutes, section 103B.3369,
in cooperation with the pollution
control agency. Grants must be matched
with a combination of local cash or
in-kind contributions. Counties
receiving these grants shall submit an
annual report to the pollution control
agency regarding activities conducted
under the grant, expenditure made, and
local match contributions. First
priority for funding shall be given to
counties that have requested and
received delegation from the pollution
control agency for processing of animal
feedlot permit applications under
Minnesota Statutes, section 116.07,
subdivision 7. Delegated counties
shall be eligible to receive a grant of
$5,000 plus either: $5 multiplied by
the number of livestock or poultry
farms with sales greater than $10,000,
as reported in the 1992 Census of
Agriculture, published by the United
States Bureau of Census; or $15
multiplied by the number of feedlots
with greater than ten animal units as
determined by a level 2 or level 3
feedlot inventory conducted in
accordance with the Feedlot Inventory
Guidebook published by the board of
water and soil resources, dated June
1991.
To receive the additional funding that
is based on the county feedlot
inventory, the county shall submit a
copy of the inventory to the board of
water and soil resources.
Any remaining money is transferred to
the board of water and soil resources
for distribution to counties on a
competitive basis through the challenge
grant process for the conducting of
feedlot inventories, development of
delegated county feedlot programs, and
for information and education or
technical assistance efforts to reduce
feedlot-related pollution hazards.
(b) Nonpoint Source Implementation
$300,000 is appropriated in fiscal year
1995, for administrative support for
nonpoint source pollution activities,
including storm water assistance,
individual septic tank systems, and
partnerships with local entities to
abate nonpoint source pollution.
(c) City of Morton Loan Forgiveness
The city of Morton need not repay money
advanced to the city under the
municipal litigation loan pilot project
established in Laws 1988, chapter 686,
article 1, section 69.
(d) External Cost Study
$200,000 is appropriated for an
independent study of the external costs
of electricity generation in the
state. The commissioner must consult
with the department of public service,
utilities, environmental groups, and
other interested persons in the design
and scope of the study and selection of
a study contractor. Unless the
commissioner determines another
methodology is more appropriate, the
study must include a literature search
and peer review of the data; and employ
one or more of the following
methodologies based upon the
commissioner's consultation with
interested persons: (1) damage cost;
(2) cost of control; and (3)
willingness to pay.
The study must be completed by July 1,
1995, and must be transmitted by the
commissioner to the public utilities
commission for use in its consideration
of environmental cost values under
Minnesota Statutes, section 216B.2422,
subdivision 2. The commission must not
make a final decision on cost value
until it has considered the study
prepared under this section.
This appropriation may not be spent
until the commissioner of the pollution
control agency has submitted a work
plan to the legislative commission on
Minnesota resources and the commission
has approved the work plan.\H* (The\h
\Hpreceding paragraphs beginning "(d)"\h
\Hwere vetoed by the governor.)\h
(e) Citizens Lake-Monitoring Program
$73,000 is appropriated for the fiscal
year ending June 30, 1995, to continue
the citizens lake-monitoring program
and the electronic lakes bulletin board.
Sec. 4. AGRICULTURE -0- 1,200,000
$750,000 is added to the appropriation
in Laws 1993, chapter 172, section 7,
to provide assistance to feedlot
operators, and to implement best
management practices for animal waste
and sound nutrient management
practices. $50,000 is for grants under
Laws 1993, chapter 172, section 7,
subdivision 4.
$175,000 is added to the appropriation
in Laws 1993, chapter 172, section 7,
subdivision 4, and is for the
administrative costs of implementing a
rural and agriculture loan program for
water quality improvement practices.
$50,000 is appropriated in fiscal year
1995 for farm safety programs.\H* (The\h
\Hpreceding paragraph beginning "$50,000"\h
\Hwas vetoed by the governor.)\h
$50,000 is appropriated for fiscal year
1995 to the commissioner of agriculture
for coordination and outreach
activities relating to sustainable
agriculture and integrated pest
management programs.
$100,000 is appropriated for fiscal
year 1995 to the commissioner of
agriculture for demonstration grants on
sustainable agriculture and integrated
pest management projects. The
appropriation is available until
expended.
Notwithstanding Minnesota Statutes,
section 41A.09, subdivision 3, and Laws
1993, chapter 172, section 7,
subdivision 3, the total payments from
the ethanol development account to all
producers may not exceed $14,800,000
for the biennium ending June 30, 1995.
$75,000 is appropriated for fiscal year
1995 for use in the enforcement and
management of the recombinant bovine
growth hormone labeling program under
Minnesota Statutes, section 32.75.
The department of agriculture and the
department of natural resources shall
jointly conduct an assessment and
report recommendations on developing an
integrated pest management program for
urban areas. The department shall
submit its report to the environment
and natural resources finance division
of the senate and the environment and
natural resources finance committee of
the house of representatives by
February 15, 1995.
The department of agriculture shall
involve technical colleges and other
institutions of higher learning in the
planning process for the manure-testing
program and shall assess the
feasibility of including their current
or potentially updated laboratories in
the future testing program and also
study potential curricula for training
technicians in the future.
Sec. 5. NATURAL RESOURCES
Subdivision 1. Total
Appropriation Change (1,206,000) (1,677,000)
Summary by Fund
General -0- 1,530,000
Game and Fish (1,206,000) (3,207,000)
The unallotment by the commissioner, as
presented to the legislature in the
commissioner's March 14, 1994,
correspondence, to the game and fish
fund appropriation for fiscal year 1994
is void.
Subd. 2. Water Resources
Management -0- 145,000
$50,000 is appropriated in fiscal year
1995 to the commissioner of natural
resources for a grant to the southwest
regional development commission to pay
for the activities described in section
65, subdivision 2, paragraph (a),
clauses (1) to (4).\H* (The preceding\h
\Hparagraph beginning "$50,000" was\h
\Hvetoed by the governor.)\h
$35,000 is appropriated in fiscal year
1995 for reimbursement of the cost of
emergency flood damage repairs to the
dike on the Root river in Houston
county.
$60,000 is appropriated in fiscal year
1995 under Minnesota Statutes, section
103G.701, to the commissioner of
natural resources for a grant,
requiring no local match, to Morrison
county for improving water flow along
the easterly shoreline of the
Mississippi river near Highway 10 in
Morrison county, notwithstanding
Minnesota Statutes, section 103G.701,
subdivision 4.
The remaining balance of the shoreland
grant made by the commissioner of
natural resources to the city of
Laporte may be used by the city for
administration of the city's shoreland
ordinance.
The commissioner of natural resources
shall conduct a study of dams on waters
of the state. The study must
investigate the type and number of
impoundments that exist, their
condition, and their probable future
life span. The study also must examine
dam issues and make recommendations for
policies regarding Minnesota dams,
including renovation versus removal,
the impact on the ecology of the
waterway, any need for additional
construction, and the potential for
hydropower or drinking water supplies.
The commissioner must report back to
the house and senate environment
committees by February 15, 1995.
Subd. 3. Forest Management -0- 75,000
This appropriation is to the
commissioner of natural resources to
plan and begin restoration and
enhancement of Oak Forest and Oak
Savannah natural communities in St.
Paul's Indian Mounds Park and Battle
Creek regional park.\H* (Subdivision 3\h
\Hwas vetoed by the governor.)\h
Subd. 4. Parks and
Recreation -0- 270,000\H*\h
\H(Subdivision 4 was vetoed by the governor.)\h
Subd. 5. Trails and
Waterways (25,000) 650,000
Summary by Fund
General -0- 675,000
Game and Fish (25,000) (25,000)
$600,000 is appropriated in fiscal year
1995 for grant-in-aid snowmobile trail
maintenance and construction during the
fiscal year ending June 30, 1995. This
amount shall not be considered a base
increase for fiscal year 1996.
$75,000 is appropriated in fiscal year
1995 for completion of the shore and
pier fishing project on the Mississippi
River in South St. Paul.\H* (The\h
\Hpreceding paragraph beginning "$75,000"\h
\Hwas vetoed by the governor.)\h
Subd. 6. Fish and Wildlife
Management (938,000) (2,197,000)
Summary by Fund
General -0- 177,000
Game and Fish (938,000) (2,374,000)
$87,000 is appropriated in fiscal year
1995 for forest and prairie ecologists,
to provide research, inventory, and
analysis services necessary in the
natural heritage program of the
department of natural resources.\H* (The\h
\Hpreceding paragraph beginning "$87,000"\h
\Hwas vetoed by the governor.)\h
$90,000 is appropriated in fiscal year
1995 for field resource ecologists.
These positions shall work with local
units of government to aid in
protecting rare and endangered natural
areas where development pressure and
resource use is high. They also shall
interpret county biological survey data
for local units.\H* (The preceding\h
\Hparagraph beginning "$90,000" was\h
\Hvetoed by the governor.)\h
Subd. 7. Enforcement (100,000) (308,000)
These reductions are from the game and
fish fund.
Subd. 8. Operations Support (143,000) (312,000)
Summary by Fund
General -0- 188,000
Game and Fish (143,000) (500,000)
$150,000 is added to the appropriation
in Laws 1993, chapter 172, section 5,
subdivision 9, to the commissioner of
natural resources for transfer to the
environmental quality board. The money
must be used for activities related to
achieving the sustainable economic
development and environmental
protection goals of the environmental
quality board's sustainable development
initiative.\H* (The preceding paragraph\h
\Hbeginning "$150,000" was vetoed by the\h
\Hgovernor.)\h
$38,000 is appropriated in fiscal year
1995 to the commissioner of natural
resources to pay Marshall county road
reimbursement costs under Laws 1993,
chapter 172, section 89, and Minnesota
Statutes, section 84A.32, subdivision
1, paragraph (d).
Sec. 6. MINNESOTA RESOURCES 2,750,000
Summary by Fund
Minnesota Future
Resources Fund 1,404,000
Minnesota
Environment and
Natural Resources
Trust Fund 1,346,000
The following amounts are appropriated
from the Minnesota future resources
fund and the Minnesota environment and
natural resources trust fund. The
appropriations are available
immediately following enactment and are
otherwise subject to the provisions of
Laws 1993, chapter 172, section 14.
State Park Betterment 650,000
This amount is added to the
appropriation contained in Laws 1993,
chapter 172, section 14, subdivision
10, paragraph (a).
Lake Minnetonka Water Access
Acquisition 850,000
This amount is added to the
appropriation contained in Laws 1993,
chapter 172, section 14, subdivision
10, paragraph (n).
Of this amount, $154,000 is from the
Minnesota future resources fund and
$696,000 is from the environmental
trust fund.
Silver Bay Harbor 1,000,000
This amount is added to the
appropriation contained in Laws 1993,
chapter 172, section 14, subdivision
10, paragraph (o).
Local Recreation Grants 250,000
This appropriation is from the
Minnesota future resources fund to the
commissioner of natural resources to
provide matching grants of $100,000
each to the White Earth and Leech Lake
Reservations and $50,000 to the Nett
Lake Reservation for community
recreation facilities in communities
with disproportionate incidences of
juvenile delinquency.
Sec. 7. CITIZEN'S COUNCIL ON VOYAGEURS
NATIONAL PARK -0- 58,000
Sec. 8. OFFICE OF STRATEGIC
AND LONG RANGE PLANNING -0- 300,000
$250,000 is appropriated for the fiscal
year ending June 30, 1995. This is a
one-time appropriation for a grant to
the Northern Counties Land Use
Coordinating Board.
$50,000 is appropriated for fiscal year
1995 to the environmental quality board
through the director of the office of
strategic and long-range planning for
the purposes of groundwater protection
coordination.\H* (Section 8 was vetoed by\h
\Hthe governor.)\h
Sec. 9. OFFICE OF WASTE MANAGEMENT -0- 70,000
$70,000 is appropriated in fiscal year
1995 for the purposes of conducting the
annual solid waste composition
studies.\H* (Section 9 was vetoed by the\h
\Hgovernor.)\h
Sec. 10. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 6b. [AGRICULTURE BEST MANAGEMENT PRACTICES LOAN
PROGRAM.] Data collected by the commissioner on applicants or
borrowers for the agriculture best management practices loan
program are governed by section 17.117.
Sec. 11. [17.117] [AGRICULTURE BEST MANAGEMENT PRACTICES
LOAN PROGRAM.]
Subdivision 1. [PURPOSE.] The purpose of the agriculture
best management practices loan program is to provide low or no
interest financing to farmers, agriculture supply businesses,
and rural landowners for the implementation of agriculture best
management practices.
Subd. 2. [AUTHORITY.] The commissioner shall establish,
adopt rules for, and implement a program to work with local
units of government, federal authorities, lending institutions,
and other appropriate organizations to provide loans to
landowners and businesses for facilities, fixtures, equipment,
or other sustainable practices that prevent or mitigate sources
of nonpoint source water pollution. The commissioner shall
establish pilot projects to develop procedures for implementing
the program. The commissioner shall develop administrative
guidelines to implement the pilot projects specifying criteria,
standards, and procedures for making loans.
Subd. 3. [APPROPRIATIONS.] Up to $20,000,000 of the
balance in the water pollution control revolving fund in section
446A.07, as determined by the public facilities authority, is
appropriated to the commissioner for the establishment of this
program.
Subd. 4. [DEFINITIONS.] For the purposes of this section,
the terms defined in this subdivision have the meanings given
them.
(a) "Applicant" means a county or a local government unit
designated by a county under subdivision 8, paragraph (a).
(b) "Authority" means the Minnesota public facilities
authority as established in section 446A.03.
(c) "Best management practices" has the meaning given in
sections 103F.711, subdivision 3, and 103H.151, subdivision 2.
(d) "Chair" means the chair of the board of water and soil
resources or the designee of the chair.
(e) "Borrower" means an individual farmer, an agriculture
supply business, or rural landowner applying for a low-interest
loan.
(f) "Commissioner" means the commissioner of agriculture or
the designee of the commissioner.
(g) "Comprehensive water management plan" means a state
approved and locally adopted plan authorized under section
103B.231, 103B.255, 103B.311, 103C.331, 103D.401, or 103D.405.
(h) "County allocation request" means a loan allocation
request from an applicant to implement agriculturally related
best management practices defined in paragraph (c).
(i) "Lender agreement" means an agreement entered into
between the commissioner and a local lender. The agreement will
contain terms and conditions of the loan that will include but
need not be limited to general loan provisions, loan management
requirements, application of payments, loan term limits,
allowable expenses, and fee limitations.
(j) "Local government unit" means a county, soil and water
conservation district, or an organization formed for the joint
exercise of powers under section 471.59.
(k) "Local lender" means a local government unit as defined
in paragraph (j), a state or federally chartered bank, a savings
and loan association, a state or federal credit union, or Farm
Credit Services.
(l) "Nonpoint source" has the meaning given in section
103F.711, subdivision 6.
Subd. 5. [USES OF FUNDS.] Use of funds under this section
must be in compliance with the federal Water Pollution Control
Act, section 446A.07, and eligible activities listed in the
intended use plan authorized in section 446A.07, subdivision 4.
Subd. 6. [APPLICATION.] (a) The commissioner must
prescribe forms and establish an application process for
applicants to apply for a county allocation request. The
application must include but need not be limited to (1) the
geographic area served; (2) the type and estimated cost of
activities or projects for which they are seeking a loan
allocation; (3) a ranking of proposed activities or projects;
and (4) the designation of the local lender and lending
practices the applicant intends to use to issue the loans to the
borrowers, if a local lender other than the applicant is to be
used.
(b) In an area of the state where a county allocation
request has not been requested or has been rejected, application
forms must be available for a borrower to apply directly to the
commissioner for a loan under this program.
(c) If a county allocation request is rejected, the
applicant must be notified in writing as to the reasons for the
rejection and given 30 days to submit a revised application.
The revised application shall be reviewed according to the same
procedure used to review the initial application.
Subd. 7. [PAYMENTS.] Payments made from the water
pollution control revolving fund must be made in accordance with
applicable state and federal laws and rules governing the
payments.
Subd. 8. [APPLICANT; BORROWERS.] (a) A county may submit a
county allocation request as defined in subdivision 4, paragraph
(h). A county or a group of counties may designate another
local government unit as defined in subdivision 4, paragraph
(j), to submit a county allocation request.
(b) If a county does not submit a county allocation
request, and does not designate another local government unit, a
soil and water conservation district may submit a county
allocation request. In all instances, there may be only one
request from a county. The applicant must coordinate and submit
requests on behalf of other units of government within the
geographic jurisdiction of the applicant.
(c) Borrowers may apply directly to the commissioner if the
commissioner does not receive or approve a county allocation
request from the county, designated local government unit, or
soil and water conservation district in which the proposed
activities would be carried out.
Subd. 9. [REVIEW AND RANKING OF ALLOCATION REQUESTS.] (a)
The commissioner shall chair the subcommittee established in
section 103F.761, subdivision 2, paragraph (b), for purposes of
reviewing and ranking county allocation requests. The rankings
must be in order of priority and shall provide financial
assistance within the limits of the funds available. In
carrying out the review and ranking, the subcommittee must
consist of, at a minimum, the chair, representatives of the
pollution control agency, United States Department of
Agricultural Stabilization and Conservation Service, United
States Department of Agriculture Soil Conservation Service,
Association of Minnesota Counties, and other agencies or
associations as the commissioner, the chair, and agency
determine are appropriate. The review and ranking shall take
into consideration other related state or federal programs.
(b) The subcommittee shall use the criteria listed below in
carrying out the review and ranking:
(1) whether the proposed activities are identified in a
comprehensive water management plan as priorities;
(2) whether the applicant intends to establish a revolving
loan program under subdivision 10, paragraph (b);
(3) the potential that the proposed activities have for
improving or protecting surface and groundwater quality;
(4) the extent that the proposed activities support
areawide or multijurisdictional approaches to protecting water
quality based on defined watershed;
(5) whether the activities are needed for compliance with
existing water related laws or rules;
(6) whether the proposed activities demonstrate
participation, coordination, and cooperation between local units
of government and other public agencies;
(7) whether there is coordination with other public and
private funding sources and programs; and
(8) whether there are off-site public benefits such as
preventing downstream degradation and siltation.
Subd. 10. [AUTHORITY OF APPLICANTS.] (a) Applicants may
enter into agreements with borrowers to finance projects under
this section.
(b) Applicants may establish revolving loan programs to
finance projects under this section.
(c) In approving county allocation requests, the
commissioner shall allow applicants to provide loans under
revolving loan programs established under paragraph (b), until
50 percent of the amount appropriated and available under
subdivision 3 has been allocated to applicants establishing
these programs. In approving any additional county allocation
requests, the commissioner may allow applicants to provide loans
under these programs.
Subd. 11. [BORROWER ELIGIBILITY; TERMS; REPAYMENT.] (a)
Local lenders shall use the following criteria in addition to
other criteria they deem necessary in determining the
eligibility of borrowers for loans:
(1) whether the activity is certified by a local unit of
government as meeting priority needs identified in a
comprehensive water management plan and is in compliance with
accepted standards, specifications, or criteria;
(2) whether the activity is certified as eligible under
Environmental Protection Agency or other applicable guidelines;
and
(3) whether the repayment is assured from the borrower.
(b) Local lenders shall set the terms and conditions of
loans. In all instances, local lenders must provide for
sufficient collateral or protection for the loan principal.
They are responsible for collecting repayments by borrowers.
For direct loans, the borrower must provide sufficient
collateral and repay the loan according to a mutually
prearranged schedule with the commissioner.
(c) A local lender is responsible for repaying the
principal of a loan to the commissioner. The terms of repayment
will be identified in the lender agreement. If defaults occur,
it is the responsibility of the local lender to obtain repayment
from the borrower. For revolving loan programs established
under subdivision 10, paragraph (b), the lender agreement must
provide that:
(1) repayment of principal to the commissioner must begin
ten years after the date the applicant receives the allocation;
and
(2) the applicant shall report to the commissioner annually
regarding the intended uses of the money in the revolving loan
program.
Subd. 12. [DATA PRIVACY.] The following data on applicants
or borrowers collected by the commissioner under this section,
are private for data on individuals as provided in section
13.02, subdivision 12, or nonpublic for data not on individuals
as provided in section 13.02, subdivision 9: financial
information, including, but not limited to, credit reports,
financial statements, tax returns and net worth calculations
received or prepared by the commissioner.
Subd. 13. [ESTABLISHMENT OF ACCOUNT.] The authority shall
establish an account called the agriculture best management
practices revolving fund to provide loans and other forms of
financial assistance authorized under section 446A.07. The fund
must be credited with repayments.
Subd. 14. [FEES; LOAN SERVICES.] Origination fees charged
directly to borrowers by local lenders upon executing a loan
shall not exceed one-half of one percent of the loan amount.
Servicing fees assessed to loan repayments must not exceed two
percent interest on outstanding principal amounts if the local
lender is a local government unit, or three percent interest on
outstanding principal amounts if the local lender is a state or
federally chartered bank, savings and loan association, a state
or federal credit union, or an entity of Farm Credit Services.
Subd. 15. [REPORT.] (a) The commissioner and chair shall
prepare and submit a report to the legislative water commission
by October 15, 1994, and October 15, 1995. Thereafter, the
report shall be submitted by October 15 of each odd-numbered
year.
(b) The report shall include, but need not be limited to,
matters such as loan allocations and uses, the extent to which
the financial assistance is helping implement local water
planning priorities, the integration or coordination that has
occurred with related programs, and other matters deemed
pertinent to the implementation of the program.
Subd. 16. [ASSESSMENT AGAINST REAL PROPERTY.] A county may
assess and charge against real property amounts loaned and
servicing fees for projects funded under this section. The
auditor of the county where the project is located shall extend
the amounts assessed and charged on the tax roll of the county
against the real property on which the project is located.
Sec. 12. Minnesota Statutes 1992, section 17B.15,
subdivision 1, is amended to read:
Subdivision 1. [ADMINISTRATION; APPROPRIATION.] The fees
for inspection and weighing shall be fixed by the commissioner
and be a lien upon the grain. The commissioner shall set fees
for all inspection and weighing in an amount adequate to pay the
expenses of carrying out and enforcing the purposes of sections
17B.01 to 17B.23, including the portion of general support costs
and statewide indirect costs of the agency attributable to that
function, with a reserve sufficient for up to six months. The
commissioner shall review the fee schedule twice each year. Fee
adjustments are not subject to chapter 14. Payment shall be
required for services rendered. If the grain is in transit, the
fees shall be paid by the carrier and treated as advance
charges, and, if received for storage, the fees shall be paid by
the warehouse operator, and added to the storage charges.
All fees collected and all fines and penalties for
violation of any provision of this chapter shall be deposited in
the grain inspection and weighing account, which is created in
the state treasury for carrying out the purpose of sections
17B.01 to 17B.23. The money in the account, including interest
earned on the account, is annually appropriated to the
commissioner of agriculture to administer the provisions of
sections 17B.01 to 17B.23.
Sec. 13. Minnesota Statutes 1992, section 32.103, is
amended to read:
32.103 [INSPECTION OF DAIRIES.]
(a) At times the commissioner determines proper, the
commissioner shall cause to be inspected all places where dairy
products are made, stored, or served as food for pay, and all
places where cows are kept by persons engaged in the sale of
milk, and shall require the correction of all insanitary
conditions and practices found. During routine inspections or
as necessary, the commissioner shall inspect for evidence of use
of rBGH in violation of section 32.75, by producers providing
affidavits of nontreatment under that section.
(b) A refusal or physical threat that prevents the
completion of an inspection or neglect to obey a lawful
direction of the commissioner or the commissioner's agent given
while carrying out this section may result in the suspension of
the offender's permit or certification. The offender is
required to meet with a representative of the offender's plant
or marketing organization and a representative of the
commissioner within 48 hours excluding holidays or weekends or
the suspension will take effect. A producer may request a
hearing before the commissioner or the commissioner's agent if a
serious concern exists relative to the retention of the
offender's permit or certification to sell milk.
Sec. 14. [32.75] [RECOMBINANT BOVINE GROWTH HORMONE
LABELING.]
Subdivision 1. [DEFINITION.] For purposes of this section
and sections 32.103, 151.01, and 151.15, "recombinant bovine
growth hormone" or "rBGH" means a growth hormone, intended for
use in bovine animals, that has been produced through
recombinant DNA techniques, described alternately as recombinant
bovine somatotropin, or rBST.
Subd. 2. [LABELING.] (a) Products offered for wholesale or
retail sale in this state which contain milk, cream, or any
product or by-product of milk or cream, which have been
processed and handled pursuant to the requirements of this
section, may be labeled: "Milk in this product is from cows not
treated with rBGH." Labeling of dairy products under this
section which are offered for sale within this state may also
include an indication that the milk used is "farmer certified
rBGH-free." Products offered for wholesale or retail sale in
this state need not contain any further label information
relative to the use of rBGH in milk production.
(b) The label described in paragraph (a) may appear on the
principal display panel, as defined in section 31.01,
subdivision 22, of a packaged product, be conspicuously attached
to the container of a bulk product, or appear in any
advertisement, as defined in section 31.01, subdivision 26, for
a product, including media advertising, or displays or placards
posted in retail stores.
Subd. 3. [AFFIDAVIT; RECORDS.] (a) A dairy plant
purchasing milk or cream to be used in products labeled pursuant
to subdivision 2 shall require an affidavit approved by the
commissioner from producers supplying such milk. This affidavit
must be signed by the producer or authorized representative and
state that all cows used in the producer's dairy operations have
not and will not be treated with rBGH, without advanced written
notice of at least 30 days to the dairy plant.
(b) Dairy plants shall keep original affidavits on file for
a period of not less than two years after receiving written
notice from the producer of anticipated rBGH use, as provided in
paragraph (a). These affidavits and corresponding records must
be made available for inspection by the commissioner. Dairy
plants supplying milk or cream to a processor or manufacturer of
a product to be labeled pursuant to subdivision 2, for use in
that product, shall supply a certification to that processor or
manufacturer stating that producers of the supplied milk or
cream have executed and delivered affidavits pursuant to
paragraph (a).
Subd. 4. [SEPARATION OF NONTREATED COWS AND MILK.] All
milk or cream from non-rBGH-treated cows used in manufacturing
or processing of products labeled pursuant to subdivision 2, or
milk or cream supplied by a producer under an affidavit pursuant
to subdivision 3, must be kept fully separate from any other
milk or cream through all stages of storage, transportation, and
processing until the milk or resulting dairy products are in
final packaged form in a properly labeled container. Records of
the separation must be kept by the dairy plant and product
processor or manufacturer at all stages and made available to
the commissioner for inspection.
Sec. 15. Minnesota Statutes 1992, section 41A.09,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] For purposes of this section the
terms defined in this subdivision have the meanings given them.
(a) "Ethanol" means agriculturally derived fermentation
ethyl alcohol derived from agricultural products, including
potatoes, cereal, grains, cheese whey, and sugar beets, forest
products, or other renewable resources, including residue and
waste generated from the production, processing, and marketing
of agricultural products, forest products, and other renewable
resources, that:
(1) meets all of the specifications in ASTM specification D
4806-88; and
(2) is denatured with unleaded gasoline or rubber
hydrocarbon solvent as defined in Code of Federal Regulations,
title 27, parts 211 and 212, as adopted by the Bureau of
Alcohol, Tobacco and Firearms of the United States Treasury
Department.
(b) "Wet alcohol" means agriculturally derived fermentation
ethyl alcohol having a purity of at least 50 percent but less
than 99 percent.
Sec. 16. Minnesota Statutes 1993 Supplement, section
41A.09, subdivision 3, is amended to read:
Subd. 3. [PAYMENTS FROM ACCOUNT.] (a) The commissioner of
agriculture shall make cash payments from the account to
producers of ethanol or wet alcohol located in the state. These
payments shall apply only to ethanol or wet alcohol fermented in
the state. The amount of the payment for each producer's annual
production shall be as follows:
(a) (1) for each gallon of ethanol produced on or before
June 30, 2000 1995, 20 cents per gallon.;
(b) (2) for each gallon of ethanol produced on or before
June 30, 2010, 25 cents per gallon; and
(3) for each gallon produced of wet alcohol on or before
June 30, 2000 2010, a payment in cents per gallon calculated by
the formula "alcohol purity in percent divided by five," and
rounded to the nearest cent per gallon, but not less than 11
cents per gallon.
The producer payment for wet alcohol under this section may
be paid to either the original producer of wet alcohol or the
secondary processor, at the option of the original producer, but
not to both.
(c) (b) The commissioner shall make payments to producers
of ethanol in the amount of 1.5 cents for each kilowatt hour of
electricity generated using closed-loop biomass in a
cogeneration facility at an ethanol plant located in the state.
Payments under this paragraph shall be made only for electricity
generated at cogeneration facilities that begin operation by
June 30, 2000. The payments apply to electricity generated on
or before the date ten years after the producer first qualifies
for payment under this paragraph. Total payments under this
paragraph in any fiscal year may not exceed $750,000. For the
purposes of this paragraph:
(1) "closed-loop biomass" means any organic material from a
plant that is planted exclusively for purposes of being used to
generate electricity; and
(2) "cogeneration" means the combined generation of:
(i) electrical or mechanical power; and
(ii) steam or forms of useful energy, such as heat, that
are used for industrial, commercial, heating, or cooling
purposes.
(c) The total payments from the account to all producers
may not exceed $10,000,000 $20,000,000 in any fiscal year during
the period beginning July 1, 1993 1994, and ending June 30, 2000
2010.\H* (The changes in the preceding sentence beginning "The"\h
\Hwere vetoed by the governor.)\h Total payments from the account
to any producer in any fiscal year under paragraph (a) may not
exceed:
(1) $3,000,000 in fiscal year 1995; and
(2) $3,750,000 in fiscal year 1996 and subsequent fiscal
years.
(d) By the last day of October, January, April, and July,
each producer shall file a claim for payment for production
during the preceding three calendar months. The volume of
production must be verified by a certified financial audit
performed by an independent certified public accountant using
generally accepted accounting procedures.
(e) Payments shall be made November 15, February 15, May
15, and August 15.
Sec. 17. Minnesota Statutes 1992, section 41A.09,
subdivision 5, is amended to read:
Subd. 5. [EXPIRATION.] This section expires July 1,
2000 2010, and the unobligated balance of each appropriation
under this section on that date reverts to the general fund.
Sec. 18. Minnesota Statutes 1992, section 84.0887, is
amended by adding a subdivision to read:
Subd. 7. [GROUP HEALTH AND ACCIDENTAL DEATH
INSURANCE.] The commissioner may provide group health and
accidental death insurance coverage for youth and young adult
corps members through an insurance carrier under contract with
the National Association of Service and Conservation Corps.
Sec. 19. Minnesota Statutes 1992, section 84.0887, is
amended by adding a subdivision to read:
Subd. 8. [EDUCATION AWARDS.] (a) A person employed as a
corps member for one year of continuous service, as determined
by standards adopted by the commissioner, and who receives a
satisfactory evaluation upon termination of employment may be
provided an incentive award of $500 or an education certificate
in an amount not less than $1,000 nor more than stipulated in
the National and Community Service Act (Public Law Number
101-610, United States Code, title 42, sections 12501 through
12681).
(b) The commissioner may authorize a partial incentive
award or education certificate to a person employed as a corps
member who receives a satisfactory evaluation upon termination
of employment if the person is employed as a corps member for
less than one year of continuous employment if the commissioner
determines that employment was terminated because of special
circumstances beyond the control of the corps member. Partial
awards may also be made if the person is employed as a corps
member for at least ten months but less than one year and the
commissioner determines that employment was terminated in order
to enable the person to attend an institution of higher
education, vocational institution, or other training program or
to enable the person to obtain other employment.
(c) The education certificate is valid for seven years
after the date of issuance for the payment of tuition, related
educational expenses, and required program activity fees at any
institution of higher education which accepts the certificate.
In instances where a corps member has attained a degree or
certificate from an institution of higher education and has an
education loan outstanding, the education certificate may be
used to repay that loan. The commissioner shall authorize
payment to the institution of face value of the certificate upon
presentation.
Sec. 20. Minnesota Statutes 1993 Supplement, section
84.872, is amended to read:
84.872 [YOUTHFUL SNOWMOBILE OPERATORS; PROHIBITIONS.]
Subdivision 1. [RESTRICTIONS ON OPERATION.]
Notwithstanding anything in section 84.87 to the contrary, no
person under 14 years of age shall make a direct crossing of a
trunk, county state-aid, or county highway as the operator of a
snowmobile, or operate a snowmobile upon a street or highway
within a municipality. A person 14 years of age or older, but
less than 18 years of age, may make a direct crossing of a
trunk, county state-aid, or county highway only if the person
has in immediate possession a valid snowmobile safety
certificate issued by the commissioner or a valid motor vehicle
operator's license issued by the commissioner of public safety
or the drivers license authority of another state. No person
under the age of 14 years shall operate a snowmobile on any
public land, public easements, or water under the jurisdiction
of the commissioner unless accompanied by one of the following
listed persons on the same or an accompanying snowmobile, or on
a device towed by the same or an accompanying snowmobile: the
person's parent, legal guardian, or other person 18 years of age
or older. However, a person 12 years of age or older may
operate a snowmobile on public lands, public easements, and
waters under the jurisdiction of the commissioner if the person
has in immediate possession a valid snowmobile safety
certificate issued by the commissioner.
Subd. 2. [OWNER DUTIES.] It is unlawful for any person who
is the owner or in lawful control of a snowmobile to permit the
snowmobile to be operated contrary to the provisions of this
section.
Subd. 3. [REPORTING CONVICTIONS; SUSPENSIONS.] When the
judge of a juvenile court, or any of its duly authorized agents,
shall determine that any person, while less than 18 years of
age, has violated the provisions of sections 84.81 to 84.88, or
any other state or local law or ordinance regulating the
operation of snowmobiles, the judge, or duly authorized agent,
shall immediately report such this determination to the
commissioner and may recommend the suspension of the person's
snowmobile safety certificate. The commissioner is hereby
authorized to suspend the certificate, without a hearing.
Sec. 21. Minnesota Statutes 1992, section 85.015,
subdivision 1, is amended to read:
Subdivision 1. [ACQUISITION.] (a) The commissioner of
natural resources shall establish, develop, maintain, and
operate the trails designated in this section. Each trail shall
have the purposes assigned to it in this section. The
commissioner of natural resources may acquire lands by gift or
purchase, in fee or easement, for the trail and facilities
related to the trail.
(b) Notwithstanding the offering to public entities,
referral to executive council, public sale and related notice
and publication requirements of sections 94.09 to 94.165, the
commissioner of natural resources, in the name of the state, may
sell surplus lands not needed for trail purposes at private sale
to adjoining property owners and leaseholders. The conveyance
must be by quitclaim in a form approved by the attorney general
for a consideration not less than the appraised value.
Sec. 22. Minnesota Statutes 1992, section 94.09,
subdivision 5, is amended to read:
Subd. 5. On or before November 15 of each even numbered
year the commissioner of administration shall report to the
governor and the legislature for the two-year period immediately
preceding the following:
(a) The lands which state departments and agencies have
certified as no longer needed.
(b) The lands which have been determined to be no longer
needed for state purposes, regarding which the executive council
has been formally notified.
(c) The lands which have been publicly sold.
(d) The trail lands which have been privately sold to
adjoining property owners and leaseholders under section 85.015,
subdivision 1, paragraph (b).
Sec. 23. Minnesota Statutes 1993 Supplement, section
97A.028, subdivision 3, is amended to read:
Subd. 3. [EMERGENCY DETERRENT MATERIALS ASSISTANCE.] (a)
For the purposes of this subdivision, "cooperative damage
management agreement" means an agreement between a landowner and
the commissioner that establishes a program for addressing the
problem of destruction of specialty crops by wild animals on the
landowner's property.
(b) A person may apply to the commissioner for emergency
deterrent materials assistance in controlling destruction of
specialty crops by wild animals. Subject to the availability of
money appropriated for this purpose, the commissioner shall
provide suitable deterrent materials, up to $3,000 in value per
individual or corporation, when the commissioner determines that:
(1) immediate action is necessary to prevent significant
damage from continuing; and
(2) a cooperative damage management agreement cannot be
implemented immediately.
(c) As a condition of receiving emergency deterrent
materials assistance under this subdivision, a landowner shall
enter into a cooperative damage management agreement with the
commissioner. Deterrent materials provided by the commissioner
may include repellents, fencing materials, or other materials
recommended in the agreement to alleviate the damage
problem. If requested by a landowner, any fencing materials
provided must be capable of providing long-term protection of
specialty crops. A landowner may not receive emergency
deterrent materials assistance under this subdivision more than
once. A landowner who receives emergency deterrent materials
assistance under this subdivision shall comply with the terms of
the cooperative damage management agreement.
Sec. 24. Minnesota Statutes 1992, section 97A.441, is
amended by adding a subdivision to read:
Subd. 6a. [TAKING SMALL GAME; DISABLED VETERANS.] A person
authorized to issue licenses must issue, without a fee, a
license to take small game to a resident who is a veteran, as
defined in section 197.447, and who has a 100 percent service
connected disability as defined by the United States Veterans
Administration upon being furnished satisfactory evidence.
Sec. 25. Minnesota Statutes 1992, section 97A.485,
subdivision 8, is amended to read:
Subd. 8. [REDEMPTION OF UNSOLD LICENSES.] The commissioner
must redeem unsold licenses submitted within the redemption time
prescribed by the commissioner. Licenses that are not submitted
for redemption within the prescribed time are considered to have
been sold and the auditor or county to whom the licenses were
furnished are accountable for them. A county auditor must
refund the license fees prepaid by the auditor's subagent for
unsold licenses submitted within a time period established by
the commissioner. Unsold resident and nonresident 24-hour
angling licenses held by a subagent may not be returned prior to
the end of the license year unless the appointment of the
subagent is revoked under subdivision 3, or voluntarily
terminated by the subagent.
Sec. 26. Minnesota Statutes 1993 Supplement, section
97B.071, is amended to read:
97B.071 [BLAZE ORANGE REQUIREMENTS.]
(a) Except as provided in paragraph (b), a person may not
hunt or trap during the open season in a zone or area where deer
may be taken by firearms under applicable laws and ordinances,
unless the visible portion of the person's cap and outer
clothing above the waist, excluding sleeves and gloves, is blaze
orange. Blaze orange includes a camouflage pattern of at least
50 percent blaze orange within each foot square. This section
does not apply to migratory waterfowl hunters on waters of this
state or in a stationary shooting location.
This section is effective for the 1994 firearms deer season
and subsequent firearms deer seasons. The commissioner of
natural resources shall, by way of public service announcements
and other means, inform the public of the provisions of this
section.
(b) The commissioner may, by rule, prescribe an alternative
color in cases where paragraph (a) would violate the Religious
Freedom Restoration Act of 1993, Public Law Number 103-141.
Sec. 27. Minnesota Statutes 1992, section 103F.725, is
amended by adding a subdivision to read:
Subd. 1a. [FINANCIAL ASSISTANCE; LOANS.] (a) Up to
$10,000,000 of the balance in the water pollution control
revolving fund in section 446A.07, as determined by the public
facilities authority shall be appropriated to the commissioner
for the establishment of a clean water partnership loan program.
(b) The agency may award loans for up to 100 percent of the
costs associated with activities identified by the agency as
best management practices pursuant to section 319 and section
320 of the federal Water Quality Act of 1987, as amended,
including associated administrative costs.
(c) Loans may be used to finance clean water partnership
grant project eligible costs not funded by grant assistance.
(d) The interest rate, at or below market rate, and the
term, not to exceed 20 years, shall be determined by the agency
in consultation with the public facilities authority.
(e) The repayment must be deposited in the water pollution
control revolving fund under section 446A.07.
(f) The local unit of government receiving the loan is
responsible for repayment of the loan.
Sec. 28. Minnesota Statutes 1992, section 103F.745, is
amended to read:
103F.745 [RULES.]
(a) The agency shall adopt rules necessary to implement
sections 103F.701 to 103F.761. The rules shall contain at a
minimum:
(1) procedures to be followed by local units of government
in applying for technical or financial assistance or both;
(2) conditions for the administration of assistance;
(3) procedures for the development, evaluation, and
implementation of best management practices;
(4) requirements for a diagnostic study and implementation
plan;
(5) criteria for the evaluation and approval of a
diagnostic study and implementation plan;
(6) criteria for the evaluation of best management
practices;
(7) criteria for the ranking of projects in order of
priority for assistance;
(8) criteria for defining and evaluating eligible costs and
cost-sharing by local units of government applying for
assistance; and
(9) other matters as the agency and the commissioner find
necessary for the proper administration of sections 103F.701 to
103F.761, including any rules determined by the commissioner to
be necessary for the implementation of federal programs to
control nonpoint source water pollution.
(b) For financial assistance by loan under section
103F.725, subdivision 1a, criteria established by rule for the
clean water partnership grants program shall guide requirements
and administrative procedures for the loan program until January
1, 1996, or the effective date of the administrative rules for
the clean water partnership loan program, whichever occurs first.
Sec. 29. Minnesota Statutes 1992, section 103F.761,
subdivision 2, is amended to read:
Subd. 2. [DUTIES.] (a) The project coordination team shall
advise the agency in preparation of rules, evaluate projects,
and recommend to the commissioner those projects that the team
believes should receive financial or technical assistance or
both from the agency. After approval of assistance for a
project by the agency, the team shall review project activities
and assist in the coordination of the state program with other
state and federal resource management programs.
(b) For state agencies or departments receiving funding
under section 446A.07, subdivision 6, the project coordination
team shall provide guidance for the allocation of water
pollution control fund nonpoint source pollution funding with
consideration to statewide environmental priorities including
priorities for types of projects and geographic or watershed
priorities. A subcommittee of the project coordination team
will be formed for each of the separate funding areas under
section 446A.07, subdivision 6, and shall be chaired by the
appropriate lead state agency or department. Each subcommittee
shall evaluate and rank projects within its area with
consideration given to the guidance provided by the project
coordination team.
Sec. 30. Minnesota Statutes 1992, section 115A.5501,
subdivision 2, is amended to read:
Subd. 2. [MEASUREMENT; PROCEDURES.] To measure the overall
percentage of packaging in the statewide solid waste stream, the
commissioner director and the chair of the metropolitan council,
in consultation with the director commissioner, shall each
conduct an annual four-season solid waste composition study in
the nonmetropolitan and metropolitan areas respectively or shall
develop an alternative method that is as statistically reliable
as a waste composition study to measure the percentage of
packaging in the waste stream.
Beginning in 1993, The chair of the council shall submit
the results from the metropolitan area to the commissioner
director by March May 1 of each year. The commissioner
director shall average the nonmetropolitan and metropolitan
results and submit the statewide percentage, along with a
statistically reliable margin of error, to the director by April
1 of each year. The director shall report the information to
the legislative commission on waste management by July 1 of each
year.
Sec. 31. Minnesota Statutes 1992, section 116.07, is
amended by adding a subdivision to read:
Subd. 11. [PERMITS; LANDFARMING CONTAMINATED SOIL.] (a) If
the agency receives an application for a permit to spread soil
contaminated by a harmful substance as defined in section
115B.25, subdivision 7a, on land in a township other than the
township of origin of the soil, the agency must notify the board
of the township where the spreading would occur at least 60 days
prior to issuing the permit.
(b) The agency must not issue a permit to spread
contaminated soil on land outside the township of origin if, by
resolution, the township board of the township where the soil is
to be spread requests that the agency not issue a permit.
Sec. 32. Minnesota Statutes 1992, section 116.182,
subdivision 2, is amended to read:
Subd. 2. [APPLICABILITY.] This section governs the
commissioner's certification of applications for projects
seeking financial assistance under section 103F.725, subdivision
1a, 446A.07, or 446A.071.
Sec. 33. Minnesota Statutes 1992, section 116.182,
subdivision 3, is amended to read:
Subd. 3. [PROJECT REVIEW.] The commissioner shall review a
municipality's proposed project and financial assistance
application to determine whether they meet it meets the criteria
in this section and the rules adopted under this section. The
review must include a determination of the essential project
components for wastewater treatment projects.
Sec. 34. Minnesota Statutes 1992, section 116.182,
subdivision 4, is amended to read:
Subd. 4. [CERTIFICATION OF APPROVED PROJECTS.] The
commissioner shall certify to the authority each approved
application project, including for wastewater treatment projects
a statement of the essential project components and associated
costs.
Sec. 35. Minnesota Statutes 1992, section 116.182,
subdivision 5, is amended to read:
Subd. 5. [RULES.] The agency shall adopt rules for the
administration of the financial assistance program. For
wastewater treatment projects, the rules must include:
(1) application requirements;
(2) criteria for the ranking of projects in order of
priority based on factors including the type of project and the
degree of environmental impact, and scenic and wild river
standards; and
(3) criteria for determining essential project components.
Sec. 36. Minnesota Statutes 1992, section 151.01,
subdivision 28, is amended to read:
Subd. 28. [VETERINARY LEGEND DRUG.] "Veterinary legend
drug" means biosynthetic bovine somatotropin (BST) until June
12, 1992, or a drug that is required by federal law to bear the
following statement: "Caution: Federal law restricts this drug
to use by or on the order of a licensed veterinarian."
Sec. 37. Minnesota Statutes 1992, section 151.15,
subdivision 3, is amended to read:
Subd. 3. [UNLICENSED PERSONS; VETERINARY LEGEND DRUGS.] It
shall be unlawful for any person other than a licensed
veterinarian or pharmacist to compound or dispense veterinary
legend drugs except as provided in this chapter. Until June 12,
1992, a veterinarian or veterinarian's assistant may use
biosynthetic bovine somatotropin (BST) for medical or research
purposes only. Biosynthetic bovine somatotropin (BST) may not
be dispensed to, used by, or administered by a person who is not
a licensed veterinarian or a veterinarian's assistant under the
veterinarian's supervision.
Sec. 38. Minnesota Statutes 1992, section 151.25, is
amended to read:
151.25 [REGISTRATION OF MANUFACTURERS; FEE; PROHIBITIONS.]
The board shall require and provide for the annual
registration of every person engaged in manufacturing drugs,
medicines, chemicals, or poisons for medicinal purposes, now or
hereafter doing business with accounts in this state. Upon a
payment of a fee as set by the board, the board shall issue a
registration certificate in such form as it may prescribe to
such manufacturer. Such registration certificate shall be
displayed in a conspicuous place in such manufacturer's or
wholesaler's place of business for which it is issued and expire
on the date set by the board. It shall be unlawful for any
person to manufacture drugs, medicines, chemicals, or poisons
for medicinal purposes unless such a certificate has been issued
to the person by the board. It shall be unlawful for any person
engaged in the manufacture of drugs, medicines, chemicals, or
poisons for medicinal purposes, or the person's agent, to sell
legend drugs or biosynthetic bovine somatotropin (BST) until
June 12, 1992, to other than a pharmacy, except as provided in
this chapter.
Sec. 39. Minnesota Statutes 1992, section 296.02,
subdivision 7, is amended to read:
Subd. 7. [TAX CREDIT FOR AGRICULTURAL ALCOHOL GASOLINE.]
Until October 1, 1997, a distributor shall be allowed a credit
on each gallon of denatured ethanol commercially blended with
gasoline or blended in a tank truck with gasoline on which the
tax imposed by subdivision 1 is due and payable. Denatured
ethanol is defined in section 296.01, subdivision 13. After
June 30, 1987, The amount of the credit for every gallon of
denatured ethanol blended with gasoline to produce agricultural
alcohol gasoline is:
(1) until October 1, 1994, 20 cents;
(2) until October 1, 1995, 15 cents;
(3) until October 1, 1996, ten cents; and
(4) until October 1, 1997, five cents.
The credit allowed a distributor must not exceed the total
tax liability under subdivision 1. The tax credit received by a
distributor on denatured ethanol blended with motor fuels shall
be passed on to the retailer.
Sec. 40. Minnesota Statutes 1992, section 446A.02,
subdivision 1, is amended to read:
Subdivision 1. [APPLICABILITY.] For the purposes of
sections 446A.01 to 446A.09 this chapter, the terms in this
section have the meanings given them.
Sec. 41. Minnesota Statutes 1992, section 446A.02, is
amended by adding a subdivision to read:
Subd. 1a. [AGENCY.] "Agency" means the Minnesota pollution
control agency.
Sec. 42. Minnesota Statutes 1993 Supplement, section
446A.03, subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP.] The Minnesota public
facilities authority consists of the commissioner of trade and
economic development, the commissioner of finance, the
commissioner of the pollution control agency, the commissioner
of agriculture, and three additional members appointed by the
governor from the general public with the advice and consent of
the senate the commissioner of health.
Sec. 43. Minnesota Statutes 1992, section 446A.03, is
amended by adding a subdivision to read:
Subd. 3a. [DELEGATION.] In addition to any powers to
delegate that members of the authority have as commissioners,
they may delegate to the commissioner of trade and economic
development their responsibilities as members of the authority
for reviewing and approving financing of eligible projects that
have been certified to the authority.
Sec. 44. Minnesota Statutes 1992, section 446A.07,
subdivision 4, is amended to read:
Subd. 4. [INTENDED USE PLAN.] The pollution control agency
shall annually prepare and submit to the United States
Environmental Protection Agency an intended use plan. The plan
must identify the intended uses of the amounts available to the
water pollution control revolving fund, including a list of
wastewater treatment and storm water projects and all other
eligible activities to be funded during the fiscal
year. Information regarding eligible activities must be
submitted to the pollution control agency by the appropriate
state agency or department within 30 days of written
notification by the pollution control agency. The pollution
control agency may not submit the plan until it has received the
review and comment of the authority or until 30 days have
elapsed since the plan was submitted to the authority, whichever
occurs first.
Sec. 45. Minnesota Statutes 1992, section 446A.07,
subdivision 6, is amended to read:
Subd. 6. [AWARD AND TERMS OF LOANS.] The authority shall
award loans to those municipalities and other entities certified
by the pollution control agency. or shall provide funding for
the appropriate state agency or department to make loans for
eligible activities certified by the pollution control agency
provided the use of funds and the terms and conditions of the
loans must be are in conformance with the Federal Water
Pollution Control Act, this section, and rules of the pollution
control agency, and the authority adopted under this section.
Sec. 46. Minnesota Statutes 1992, section 446A.07,
subdivision 8, is amended to read:
Subd. 8. [OTHER USES OF REVOLVING FUND.] The water
pollution control revolving fund may be used as provided in
title VI of the Federal Water Pollution Control Act, including
the following uses:
(1) to buy or refinance the debt obligation of governmental
units for treatment works where debt was incurred and
construction begun after March 7, 1985, at or below market
rates;
(2) to guarantee or purchase insurance for local
obligations to improve credit market access or reduce interest
rates;
(3) to provide a source of revenue or security for the
payment of principal and interest on revenue or general
obligation bonds issued by the authority if the bond proceeds
are deposited in the fund;
(4) to provide loan guarantees, loans, or set-aside for
similar revolving funds established by a governmental unit other
than state agencies, or state agencies under sections 11, 27,
116J.403, 116J.617, and 462A.05; provided that no more than
$2,000,000 of the balance in the fund may be used for the small
cities block grant program under section 116J.403 and the
tourism loan program under section 116J.617, taken together, and
no more than $2,000,000 of the balance in the fund may be used
for home improvement loan programs under section 462A.05;
(5) to earn interest on fund accounts; and
(6) to pay the reasonable costs incurred by the authority
and the agency of administering the fund and conducting
activities required under the Federal Water Pollution Control
Act, including water quality management planning under section
205(j) of the act and water quality standards continuing
planning under section 303(e) of the act.
Amounts spent under clause (6) may not exceed the amount
allowed under the Federal Water Pollution Control Act.
Sec. 47. Minnesota Statutes 1992, section 446A.07,
subdivision 9, is amended to read:
Subd. 9. [PAYMENTS.] Payments from the fund must be made
in accordance with the applicable state and federal law
governing the payments, except that for projects other than
those funded under section 11, 27, 116J.403, 116J.617, or
462A.05, no payment for a project may be made to a governmental
unit until and unless the authority has determined the total
estimated cost of the project and ascertained that financing of
the project is assured by:
(1) a loan authorized by state law or the appropriation of
proceeds of bonds or other money of the governmental unit to a
fund for the construction of the project; and
(2) an irrevocable undertaking, by resolution of the
governing body of the governmental unit, to use all money made
available for the project exclusively for the project, and to
pay any additional amount by which the cost of the project
exceeds the estimate by the appropriation to the construction
fund of additional money or the proceeds of additional bonds to
be issued by the governmental unit.
Sec. 48. Minnesota Statutes 1992, section 446A.07,
subdivision 11, is amended to read:
Subd. 11. [RULES OF THE AGENCY.] The agency shall adopt
rules relating to the procedure for preparation of the annual
intended use plan and other matters that the agency considers
necessary for proper loan administration. Eligible activities
are those required under the federal Water Pollution Control Act
of 1987, as amended.
Sec. 49. Minnesota Statutes 1992, section 446A.071,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT OF THE PROGRAM.] (a) The
authority shall establish the wastewater infrastructure funding
program to provide supplemental assistance, as provided in rules
of the authority, to municipalities that receive loans or other
assistance from the water pollution control revolving fund under
section 446A.07 for wastewater treatment projects excluding
storm water projects.
(b) The authority may secure funds for the wastewater
infrastructure funding program through state appropriations; any
source identified in section 446A.04 which may be designated by
the authority for the purposes of this section; and any federal
funding appropriated by Congress that may be used for the
purposes of this section.
(c) The authority may set aside up to ten percent of the
money appropriated to the wastewater infrastructure funding
program for wastewater projects that are necessary to
accommodate economic development projects.
Sec. 50. [446A.081] [DRINKING WATER REVOLVING FUND.]
Subdivision 1. [DEFINITIONS.] (a) For the purposes of this
section, the terms in this subdivision have the meanings given
them.
(b) "Act" means the federal Drinking Water Infrastructure
Financing Act.
(c) "Department" means the department of health.
Subd. 2. [ESTABLISHMENT OF FUND.] The authority shall
establish a drinking water revolving fund to provide loans and
other forms of financial assistance authorized by the act, as
determined by the authority under the rules adopted under this
section for the purposes and eligible costs authorized under the
act. The fund must be credited with repayments. The act
requires that the fund corpus must be managed so as to be
available in perpetuity for the financing of drinking water
systems in the state. At a minimum, 15 percent of the funds
received each federal fiscal year shall be available solely for
providing loans to public water systems which regularly serve
fewer than 10,000 individuals.
Subd. 3. [STATE FUNDS.] A state matching fund is
established to be used in compliance with federal matching
requirements specified in the act.
Subd. 4. [CAPITALIZATION GRANT AGREEMENT.] The authority
shall enter into an agreement with the administrator of the
United States Environmental Protection Agency to receive
capitalization grants for the fund. The authority and the
department may exercise the powers necessary to comply with the
requirements specified in the agreement.
Subd. 5. [INTENDED USE PLAN.] The authority shall annually
prepare and submit to the United States Environmental Protection
Agency an intended use plan. The plan must identify the
intended uses of the amounts available to the drinking water
revolving loan fund. The department shall provide a prioritized
list of drinking water projects and other eligible activities to
be considered for funding by the authority. The plan may be
amended by the authority and include additional eligible
projects proposed by the department.
Subd. 6. [APPLICATIONS.] Applications by municipalities,
privately owned public water systems, and eligible entities
identified in the annual intended use plan for loans from the
fund must be made to the authority on the forms prescribed by
the rules of the authority and the rules of the department
adopted under this section. The authority shall forward the
application to the department within ten days of receipt. The
department shall approve those applications that appear to meet
the criteria in the act, this section, and the rules of the
department or the authority.
Subd. 7. [AWARD AND TERMS OF LOANS.] The authority shall
award loans to those municipalities, privately owned public
water systems, and other eligible entities approved by the
department, provided that the applicant is able to comply with
the terms and conditions of the authority loan, which must be in
conformance with the act, this section, and the rules of the
authority adopted under this section.
Subd. 8. [LOAN CONDITIONS.] (a) When making loans from the
drinking water revolving fund, the authority shall comply with
the conditions of the act, including the criteria in paragraphs
(b) to (e).
(b) Loans must be made at or below market interest rates,
including zero interest loans, for terms not to exceed 20 years.
(c) The annual principal and interest payments must begin
no later than one year after completion of the project. Loans
must be amortized no later than 20 years after project
completion.
(d) A loan recipient must identify and establish a
dedicated source of revenue for repayment of the loan, and
provide for a source of revenue to properly operate, maintain,
and repair the water system.
(e) The fund must be credited with all payments of
principal and interest on all loans, except the costs as
permitted under section 446A.04, subdivision 5, paragraph (a).
Subd. 9. [OTHER USES OF FUND.] The drinking water
revolving loan fund may be used as provided in the act,
including the following uses:
(1) to buy or refinance the debt obligations, at or below
market rates, of public water systems for drinking water
systems, where such debt was incurred after the date of
enactment of the act, for the purposes of construction of the
necessary improvements to comply with the national primary
drinking water regulations under the federal Safe Drinking Water
Act;
(2) to purchase or guarantee insurance for local
obligations to improve credit market access or reduce interest
rates;
(3) to provide a source of revenue or security for the
payment of principal and interest on revenue or general
obligation bonds issued by the authority if the bond proceeds
are deposited in the fund;
(4) to provide loans or loan guarantees for similar
revolving funds established by a governmental unit or state
agency;
(5) to earn interest on fund accounts; and
(6) to pay the reasonable costs incurred by the authority
and the department for conducting activities as authorized and
required under the act up to the limits authorized under the act.
Subd. 10. [PAYMENTS.] Payments from the fund to borrowers
must be in accordance with the applicable state and federal laws
governing such payments, except no payment for a project may be
made to a borrower until and unless the authority has determined
that the total estimated cost of the project and the financing
of the project are assured by:
(1) a loan authorized by state law or appropriation of
proceeds of bonds or other money of the borrower to a fund for
the construction of the project; and
(2) an irrevocable undertaking, by resolution of the
governing body of the borrower, to use all money made available
for the project exclusively for the project, and to pay any
additional amount by which the cost of the project exceeds the
estimate by the appropriation to the construction fund of
additional money or proceeds of additional bonds to be issued by
the borrower.
Subd. 11. [RULES OF THE AUTHORITY.] The commissioner of
trade and economic development shall adopt rules containing the
procedures for the administration of the authority's duties as
provided by this section that include: setting of interest
rates, which shall take into account the financial need of the
applicant; the amount of project financing to be provided; the
collateral required for public drinking water systems and for
privately owned public water systems; dedicated sources of
revenue or income streams to ensure repayment of loans; and the
requirements to ensure proper operation, maintenance, and repair
of the water systems financed by the authority.
Subd. 12. [RULES OF THE DEPARTMENT.] The department shall
adopt rules relating to the procedures for administration of the
department's duties under the act and this section. The
department and the commissioner of the department of trade and
economic development may adopt a single set of rules for the
program.
Sec. 51. Minnesota Statutes 1992, section 446A.11,
subdivision 1, is amended to read:
Subdivision 1. [POWERS.] In implementing the purposes and
the programs transferred to the authority by section 446A.10,
subdivision 2 described in this chapter, the authority has the
powers in this section.
Sec. 52. Minnesota Statutes 1992, section 446A.12,
subdivision 1, is amended to read:
Subdivision 1. [BONDING AUTHORITY.] The authority may
issue negotiable bonds in a principal amount that the authority
determines necessary to provide sufficient funds for achieving
its purposes, including the making of loans and purchase of
securities, the payment of interest on bonds of the authority,
the establishment of reserves to secure its bonds, the payment
of fees to a third party providing credit enhancement, and the
payment of all other expenditures of the authority incident to
and necessary or convenient to carry out its corporate purposes
and powers, but not including the making of grants. Bonds of
the authority may be issued as bonds or notes or in any other
form authorized by law. The principal amount of bonds issued
and outstanding under this section at any time may not exceed
$250,000,000 $350,000,000.
Sec. 53. Minnesota Statutes 1992, section 446A.15,
subdivision 6, is amended to read:
Subd. 6. [CERTIFICATION AND BUDGET REQUEST.] To assure the
payment of the principal of and interest on bonds of the
authority issued prior to January 1, 1994, and the continued
maintenance of all debt service reserve funds created and
established for that payment, the authority shall annually
determine and certify to the governor, on or before December 1,
the following amounts:
(1) the amount then needed to restore each debt service
reserve fund securing in whole or in part the payment of
principal of and interest on bonds of the authority issued prior
to January 1, 1994, to the minimum amount required by the
resolution or indenture establishing the fund, but not exceeding
the maximum amount of principal and interest to become due and
payable in any later year on all bonds issued prior to January
1, 1994, that are then outstanding and secured by the fund; and
(2) the amount determined by the authority to be needed in
the immediately ensuing fiscal year, with other funds pledged
and estimated to be received during that year, for the payment
of the principal and interest due and payable in that year on
all then outstanding bonds secured by a debt service reserve
fund securing in whole or in part the payment of principal of
and interest on bonds of the authority issued prior to January
1, 1994, the amount of which is then less than the minimum
amount agreed, but not exceeding the maximum amount of principal
and interest to become due and payable in the immediately
ensuing fiscal year on bonds prior to January 1, 1994.
The governor shall include in the proposed biennial budget
for the following fiscal year, or in a supplemental budget if
the biennial budget has previously been approved, the amounts
certified by the authority in accordance with this subdivision.
Sec. 54. Minnesota Statutes 1992, section 477A.12, is
amended to read:
477A.12 [ANNUAL APPROPRIATIONS; LANDS ELIGIBLE;
CERTIFICATION OF ACREAGE.]
There is annually appropriated to the commissioner of
natural resources from the general fund for payment to counties
within the state an amount equal to:
(1) for acquired natural resources land, $3 multiplied by
the number of acres of acquired natural resources land, or
three-fourths of one percent of the appraised value, whichever
is greater;
(2) 75 85 cents multiplied by the number of acres of
county-administered other natural resources land,; and
(3) 37.5 42 cents multiplied by the number of acres of
commissioner-administered other natural resources land located
in each county as of July 1 of each year.
Lands for which payments in lieu are made pursuant to
section 97A.061, subdivision 3, and Laws 1973, chapter 567,
shall not be eligible for payments under this section. Each
county auditor shall certify to the department of natural
resources during July of each year the number of acres of
county-administered other natural resources land within the
county. The department of natural resources may, in addition to
the certification of acreage, require descriptive lists of land
so certified. The commissioner of natural resources shall
determine and certify the number of acres of acquired natural
resources land and commissioner-administered natural resources
land within each county.
For the purposes of this section, the appraised value of
acquired natural resources land is the purchase price for the
first five years after acquisition. The appraised value of
acquired natural resources land received as a donation is the
value determined for the commissioner of natural resources by a
licensed appraiser, or the county assessor's estimated market
value if no appraisal is done. The appraised value must be
determined by the county assessor every five years after the
land is acquired.\H* (The changes in section 54 were vetoed by the\h
\Hgovernor.)\h
Sec. 55. Minnesota Statutes 1993 Supplement, section
477A.14, is amended to read:
477A.14 [USE OF FUNDS.]
Forty percent of the total payment to the county shall be
deposited in the county general revenue fund to be used to
provide property tax levy reduction. The remainder shall be
distributed by the county in the following priority:
(a) 37.5 42.5 cents for each acre of county-administered
other natural resources land shall be deposited in a resource
development fund to be created within the county treasury for
use in resource development, forest management, game and fish
habitat improvement, and recreational development and
maintenance of county-administered other natural resources
land. Any county receiving less than $5,000 annually for the
resource development fund may elect to deposit that amount in
the county general revenue fund;
(b) From the funds remaining, within 30 days of receipt of
the payment to the county, the county treasurer shall pay each
organized township 30 cents per acre of acquired natural
resources land and 7.5 8.5 cents per acre of other natural
resources land located within its boundaries. Payments for
natural resources lands not located in an organized township
shall be deposited in the county general revenue fund. Payments
to counties and townships pursuant to this paragraph shall be
used to provide property tax levy reduction. Provided that, if
the total payment to the county pursuant to section 477A.12 is
not sufficient to fully fund the distribution provided for in
this clause, the amount available shall be distributed to each
township and the county general revenue fund on a pro rata
basis; and
(c) Any remaining funds shall be deposited in the county
general revenue fund. Provided that, if the distribution to the
county general revenue fund exceeds $35,000, the excess shall be
used to provide property tax levy reduction.
Sec. 56. [SUSTAINABLE ECONOMIC DEVELOPMENT AND
ENVIRONMENTAL PROTECTION TASK FORCE; STAFF.]
Subdivision 1. [PURPOSE; TASK FORCE MEMBERSHIP.] In order
to build a consensus on how to achieve the sustainable economic
development and environmental protection goals of the
environmental quality board sustainable development initiative
throughout the state, the sustainable economic development and
environmental protection task force is established. The task
force consists of 17 members who serve at the pleasure of the
appointing authority as follows:
(1) six legislators, including three members of the senate
appointed by the subcommittee on committees of the committee on
rules and administration, and three members of the house of
representatives appointed by the speaker of the house; and
(2) 11 public members who are residents of the state,
appointed by the chair of the environmental quality board. Of
the 11 members appointed by the chair of the environmental
quality board, at least one member shall represent towns, one
member shall represent cities, one member shall represent
counties, and one shall represent regional development
commissions.
At least one legislator from each house appointed under
clause (1) must be a member of the minority caucus.
Subd. 2. [CHAIRS.] The legislative appointing authorities
shall designate a legislative appointee to serve as co-chair of
the task force and the chair of the environmental quality board
shall designate one of the 11 public members as the other
co-chair.
Subd. 3. [STAFF.] The environmental quality board shall
provide coordination and staff support for the task force.
Subd. 4. [SUNSET.] The task force shall expire on June 30,
1995, at which time a final report and recommendation are due.
Sec. 57. [DUTIES.]
The task force shall research and recommend:
(1) what policies or goals are of statewide interest
relating to sustainable communities and land use that should
guide decision making at state, regional, and local levels;
(2) what planning framework and process will enhance
collaboration at all levels to help achieve the goals; and
(3) how the planning framework will incorporate the
following nonexclusive list of issues: sustainable economic
development, protection of natural resources, urban-rural
linkages, and citizen involvement.
Sec. 58. [PUBLIC INVOLVEMENT.]
The environmental quality board and the task force shall
ensure extensive, broad-based involvement of citizens and both
public and private sectors in the recommendations. The
environmental quality board may contract with facilitators or
other consultants to help ensure extensive public participation
and to help incorporate public comments into the process.
Sec. 59. [REPORT.]
By January 1, 1995, the environmental quality board and the
task force shall submit to the governor and the legislature an
initial report of the task force's and the board's findings and
recommendations for legislation.
Sec. 60. [PAYMENTS IN LIEU OF TAXES; ACQUIRED NATURAL
RESOURCES LANDS.]
(a) The payments required to be made in July 1994 under
section 54 must be made as provided in this section.
(b) In July 1994, the commissioner of natural resources
shall make payments to counties based on the per-acre amounts in
section 54.
(c) By December 1, 1994, each county auditor shall certify
the total appraised value of natural resources land acquired in
the county prior to July 1, 1990, or shall certify that the
county will accept payment of $3 per acre of acquired natural
resources land in the county as payment in full of amounts due
under section 54, clause (1). The commissioner shall make
payments of any additional amounts due under section 54, clause
(1), by March 1, 1995.
Sec. 61. [ST. LOUIS COUNTY WASTE LOANS.]
Any outstanding St. Louis county obligations for grants and
loans for construction or operation of the Babbitt waste tire
facility under Minnesota Statutes 1986, section 116M.07, or
Minnesota Statutes, section 115A.54, subdivision 2a, or 298.22,
are canceled. If the Babbitt waste tire facility is sold, and
if the revenue from the sale exceeds the outstanding principal
and interest owed to St. Louis county, the excess revenue must
be paid to the state.
Sec. 62. [WINONA COUNTY SOLID WASTE GRANT OR LOAN
FORGIVEN.]
Notwithstanding Minnesota Statutes 1992, section 115A.54,
subdivision 3, the awarding resolution, or the agreement between
Winona county and the state acting through the office of waste
management, formerly the waste management board, Winona county
need not repay the outstanding balance of the grant or loan made
to it under Minnesota Statutes, section 115A.54, subdivision 2.
Sec. 63. [OVERHEAD POWER LINE RELOCATION.]
An electric public utility company having overhead electric
power lines within Indian Mounds Park in the city of Saint Paul
must remove the support structures and remove, relocate, or bury
the power lines by October 1, 1995.
Sec. 64. [MINNESOTA ZOOLOGICAL BOARD STUDY.]
The Minnesota Zoological board shall study alternatives to
the two free days per month requirement in Minnesota Statutes
1992, section 85A.02, subdivision 17. Alternatives to be
considered shall include, but not be limited to:
(1) distributing free admission tickets equal to ten
percent of the average total yearly admissions; and
(2) limiting the number of admissions on free days.
Alternatives to be considered must promote zoo visits by
low-income residents of Minnesota, and shall include proposals
for transporting visitors to and from the zoo.
By January 1, 1995, the board shall submit a report to the
house committee on environment and natural resources finance and
the senate environment and natural resources finance division.
The report must include an implementation plan for the 1995
season.
Sec. 65. [LEWIS AND CLARK PROJECT.]
Subdivision 1. [NEGOTIATIONS; COORDINATION.] (a) The
governor or an agency designated by the governor may enter into
negotiations with appropriate officials and agencies of the
United States for purposes of obtaining financial support for
the construction of the proposed Lewis and Clark rural water
system in southwestern Minnesota.
(b) The governor or designated agency shall cooperate with
local project sponsors of the Lewis and Clark rural water system
to coordinate state water policy issues and respond to proposals
to establish federal financial participation. Local sponsors
shall contribute funds in combination with the state in order to
match funds provided by the United States. The state cost share
shall not exceed 50 percent of the total nonfederal match
required for Minnesota project features. The amount contributed
by the state of Minnesota for project construction shall be
subject to the express appropriation of the legislature.
Subd. 2. [WORK PROGRAM; PROGRESS REPORTS.] (a) The
southwest regional development commission shall submit a work
program for approval by the commissioner before spending any
money appropriated for the purposes of this paragraph under
section 5, subdivision 2. The work program shall indicate the
activities to be undertaken by the Lewis and Clark rural water
system and the four participating Minnesota systems in the
following areas:
(1) water conservation activities including leak detection,
water use restrictions, water pricing policies, and public
education;
(2) groundwater protection activities, including public
education programs and technical assistance provided to local
water systems;
(3) reporting and coordination of water exploration
activity with the Minnesota geological survey and the department
of natural resources;
(4) evaluation of constructed or restored wetlands options
to address wastewater disposal and interbasin transfer issues at
the city of Worthington. The options to be evaluated shall, at
a minimum, include establishment of constructed or restored
wetlands in the Okabena-Ocheda and Middle Des Moines watershed
districts.
(b) An annual progress report on the work program elements
shall be prepared by the southwest regional development
commission in cooperation with the Lewis and Clark rural water
system and the participating Minnesota systems and shall be
submitted to the commissioner of natural resources and the
legislative water commission by February 15 each year.
Sec. 66. [NONSEVERABILITY.]
Sections 15 to 17 and 39 are not severable. If the
appropriation in section 16 is vetoed, sections 15 to 17 and 39
are void.
Sec. 67. [REPEALER.]
Minnesota Statutes 1992, sections 446A.03, subdivision 3,
and 446A.08, are repealed.
Sec. 68. [EFFECTIVE DATE.]
(a) Except as provided in paragraph (c), this article is
effective the day following final enactment.
(b) Section 31 applies to an application for a permit for
land spreading of contaminated soil received by the pollution
control agency on or after the effective date of section 31 or
that is pending on that date.
(c) Section 16, paragraph (b), is effective July 1, 1995,
and applies to electricity generated on or after that date.
ARTICLE 3
STATE GOVERNMENT
Section 1. [STATE GOVERNMENT APPROPRIATIONS.]
The sums set forth in the columns headed "APPROPRIATIONS"
are appropriated from the general fund, or another named fund,
to the agencies for the purposes specified in this article and
are added to appropriations for the fiscal years ending June 30,
1994, and June 30, 1995, in Laws 1993, chapter 192, or another
named law.
SUMMARY BY FUND
1994 1995
General Fund $ 95,000 $ 17,987,000
APPROPRIATIONS
Available for the Year
Ending June 30
1994 1995
Sec. 2. LEGISLATURE $ $ 200,000
This amount is for the legislative
auditor to conduct a best practices
review.
Sec. 3. BOARD OF
JUDICIAL STANDARDS 60,000 24,000
These appropriations are added to the
appropriations in Laws 1993, chapter
192, section 6, and are for
professional and technical services
involving the investigations of
complaints presented to the board.
Sec. 4. SECRETARY OF STATE
Voter Information
Telephone Line 80,000\H*\h
\H(Section 4 was vetoed by the governor.)\h
Sec. 5. ATTORNEY GENERAL
(a) Intellectual Property Agreements 161,000
This appropriation is to carry out the
attorney general's duties under new
Minnesota Statutes, section 16B.483.\H*\h
\H(The material beginning "Sec. 5." and\h
\Hending "16B.483" was vetoed by the\h
\Hgovernor.)\h
(b) Long-Term Care Appeals
The commissioner of human services is
directed to transfer $178,000 in fiscal
year 1994 and $178,000 in fiscal year
1995, to the special revenue fund to
fund the appropriation from the special
project account created in Minnesota
Statutes, section 256.01, subdivision
2, clause (15), for costs incurred in
the resolution of long-term care
appeals in Laws of 1993, chapter 192,
section 11, subdivision 3.
Sec. 6. OFFICE OF STRATEGIC
AND LONG-RANGE PLANNING 823,000
$563,000 is added to the appropriation
in Laws 1993, chapter 192, section 14,
and is to support the state's
contribution and final payment to the
Great Lakes protection fund.
$100,000 is for the purpose of
maintaining a computerized database of
the results of groundwater quality
monitoring required in Minnesota
Statutes, section 103H.175.
$150,000 is for a study by the
environmental quality board of the
option of including the University of
Minnesota heating system in a thermal
network that would include one or more
of the existing thermal network energy
systems in Minneapolis and St. Paul.\H*\h
\H(The preceding paragraph beginning\h
\H"$150,000" was vetoed by the governor.)\h
$10,000 is for a study by the
environmental quality board of the
issue of environmental justice as
defined by the United States
Environmental Protection Agency and as
described in Executive Order No. 12898,
issued February 11, 1994. The board
shall make recommendations by January
1, 1995, to the environment and natural
resources committees of the senate and
house of representatives.\H* (The\h
\Hpreceding paragraph beginning "$10,000"\h
\Hwas vetoed by the governor.)\h
Sec. 7. ADMINISTRATION 5,000 683,000
$107,000 in fiscal year 1995 is for
agency relocations.
$126,000 in fiscal year 1995 is to pay
real estate taxes due and payable
against history center property for the
year 1986.
$400,000 is added to the appropriation
in Laws 1993, chapter 192, section 15,
subdivision 7, and is to support
activities related to the information
access council created in Minnesota
Statutes, section 15.95.
$25,000 is for transfer to the
University of Minnesota, for purposes
of convening a planning group related
to an information and
telecommunications institute. The
planning group shall develop and submit
to the state government finance
divisions in the house of
representatives and the senate by
December 1, 1994, a legislative
proposal for establishing the
institute. The proposal must be
developed in consultation with other
post-secondary education institutions,
entities that provide telecommunication
and information services for elementary
and secondary educational institutions,
libraries, Minnesota Technology, Inc.,
the department of trade and economic
development, telephone companies and
telecommunication carriers, potential
users of improved telecommunications
technology, and other interested
persons. The report must include at
least: a proposed structure for the
institute, including its physical
location; proposed membership in the
institute; proposed scope of
authorities and responsibilities of the
institute; and proposed financing for
the institute.
$25,000 is for the central Minnesota
STARS region to install and administer
a regional telecommunications pilot
project to validate the STARS
telecommunications regions' development
study findings; to replicate the
creation of a regional
telecommunications network statewide as
set forth in Laws 1992, chapter 513,
article 4, section 13; and to develop a
master plan for regional
telecommunications. The funds must be
matched in-kind or monetarily
dollar-for-dollar by the region. This
appropriation is available until June
30, 1995.
The master plan must include a
technology assessment that compares the
function, performance, benefits, and
costs of available telecommunications
technologies, including full and
fractional DS1 narrowband
communications, DS3 wideband
communications, and AM and FM video on
fiber optics. The master plan should
review regional requirements for
telecommunications and make
recommendations on the standardization
of telecommunications architecture in
relation to the technology assessment.
The master plan must establish a policy
for participation in a regional
communications system.
Selection of participants must be based
on geographical proximity and natural
connections within the general regional
areas surrounding St. Cloud, Willmar,
and Brainerd. Participants must be by
those entities in the following
categories: education, state and local
governments, and other public service
entities including, but not limited to,
libraries, courts and criminal justice
agencies, health and human services
agencies, community and economic
development organizations, and cultural
and nonprofit organizations or
institutions.
Participants shall demonstrate
collaboration with one or more other
entities in making their connections to
the regional system.
Participants in the pilot project and
master plan must be represented on a
regional advisory organization and
together determine the design of the
pilot and future master plan of
regional telecommunications systems.
$5,000 the first year is for KSMQ-TV to
conduct an engineering study for the
placement of a remote transmitter to
broadcast throughout the entire
southeasternmost region of Minnesota.
Any amount not spent in the first year
is available in the second year.
$100,000 of the money appropriated in
section 8 for the statewide systems
project is for transfer to the
information policy office for an
evaluation of the statewide systems
project, to be conducted by an entity
not associated with the project,
selected by the information policy
office. The evaluation must consider
the project from the point of view of
the highest benefit to the state, and
must make a progress report of its
conclusions to the chairs of the house
of representatives and senate state
government finance divisions and to the
legislative commission on planning and
fiscal policy by January 15, 1995.
Money previously appropriated to the
information policy office may be used
for this evaluation.
Sec. 8. FINANCE 30,000 14,845,000
$14,600,000 the second year is added to
the appropriation in Laws 1993, chapter
192, section 17, subdivision 3, and is
for the statewide systems project to
redesign and implement the new
statewide accounting, payroll,
procurement, human resource, and
information access systems. This
appropriation is nonrecurring and is
available until spent.
$30,000 the first year and $245,000 the
second year are for the statewide
performance and outcomes monitoring
system to facilitate the compliance
with Laws 1993, chapter 192, section 40.
The commissioner of finance must cancel
$68,042 to the general fund or any
unliquidated balance in the TRA prior
year account previously maintained for
satisfying the state obligation under
Laws 1985, First Special Session
chapter 12, article 11, section 19,
which is repealed.
Sec. 9. EMPLOYEE RELATIONS 70,000
$3,500,000 the second year is
transferred from the insurance trust
fund created in Minnesota Statutes,
section 43A.316, subdivision 9, to the
general fund.
$20,000 the second year is to assist
the public employees insurance task
force established in section 63 in
research, obtaining expert witnesses,
and hiring consultants.\H* (The preceding\h
\Hparagraph beginning "$20,000" was\h
\Hvetoed by the governor.)\h
$50,000 the second year is for the
stress program study required in
section 64.\H* (The preceding paragraph\h
\Hbeginning "$50,000" was vetoed by the\h
\Hgovernor.)\h
The contribution account under
Minnesota Statutes, sections 355.04 and
355.06, administered by the
commissioner of employee relations is
eliminated through repeal, and the
commissioner of finance is directed
under Minnesota Statutes, section
16A.62, to transfer and cancel to the
general fund any remaining balance in
the FICA clearing account. The amount
to be canceled is estimated to be
$354,000.
The balance in the account administered
by the commissioner of employee
relations related to the career
executive service program under
Minnesota Statutes, section 43A.21,
subdivision 5, which has been repealed,
shall cancel to the general fund. The
amount to cancel in fiscal year 1994 is
$32,709.
The commissioner of employee relations
must conduct a study of the
compensation policies of the Minnesota
state high school league. The league
must provide all information requested
by the commissioner for the study. The
study must evaluate all forms of
compensation, including salaries,
health insurance, pensions, and other
benefits provided to staff. The report
must be provided to the education
committees of the house of
representatives and the senate and to
the governmental operations and
gambling committee of the house and the
governmental operations and reform
committee of the senate by February 15,
1995.
Sec. 10. AMATEUR SPORTS COMMISSION 300,000
This amount is to be used to make a
grant to the Minnesota Chippewa tribe
to help offset the costs of promoting
and hosting the 1995 Indigenous Games.
The appropriation is available until
June 30, 1995, but the grant may not be
made unless matched by an equal amount
from nonpublic sources.
Sec. 11. HUMAN RIGHTS 279,000
This appropriation is added to the
appropriation in Laws 1993, chapter
192, section 21, and is to enhance
information systems and to implement
the strategic information plan
submitted to the information policy
office.
Sec. 12. MILITARY AFFAIRS 50,000
This appropriation is to the adjutant
general for a grant to the Minnesota
National Guard youth camp to set up and
provide initial funding for a
foundation to run the camp. The
appropriation must be matched by an
equal amount from nonstate sources.
Sec. 13. VETERANS AFFAIRS 472,000
(a) County Veterans Services Officers
Of this appropriation, $75,000 is to
the commissioner of veterans affairs
for fiscal year 1995 for the funding of
county veterans services officers.
(b) Soldiers Assistance Fund
Of this appropriation, $146,000 is to
the commissioner of veterans affairs
for fiscal year 1995 for the purpose of
the state soldier's assistance program.
(c) Veterans' Cemetery
Of this appropriation, $250,000 is
appropriated from the general fund to
the department of veterans affairs for
fiscal year 1995 to be transferred to
the veterans' cemetery development and
maintenance account of the special
revenue fund of the state treasury for
use in the development, operation, and
maintenance of the state veterans'
cemetery established in Minnesota
Statutes, section 197.236. This amount
is available until expended.
Of this appropriation, $1,000 is
appropriated from the general fund to
the department of veterans affairs for
fiscal year 1995 to be transferred to
the veterans' cemetery trust account of
the special revenue fund of the state
treasury where it shall remain
permanently as principal for use as
specified in Minnesota Statutes,
section 197.236, subdivision 7.
Sec. 14. AMORTIZATION AID (1,000,000)
The amount appropriated for fiscal year
1995 in Laws 1993, chapter 192, section
32, for police and fire amortization
aid is reduced by $1,000,000. This
reduction comes from amounts otherwise
payable as amortization and as
supplemental amortization aid to the
city of Minneapolis, and is due to
excess investment earnings by the
Minneapolis police and fire relief
associations. This reduction is in
addition to any other reduction that
may be enacted by the 1994 legislature.
Sec. 15. Minnesota Statutes 1992, section 3.97,
subdivision 11, is amended to read:
Subd. 11. "Audit" as used in this subdivision means a
financial audit, a program evaluation, a best practices review,
or an investigation. Data relating to an audit are not public
or with respect to data on individuals are confidential until
the final report of the audit has been published or the audit is
no longer being actively pursued. Data that support the
conclusions of the report and that the legislative auditor
reasonably believes will result in litigation are not public and
with respect to data on individuals are confidential until the
litigation has been completed or is no longer being actively
pursued. Data on individuals that could reasonably be used to
determine the identity of an individual supplying data for an
audit are private if the data supplied by the individual were
needed for an audit and the individual would not have provided
the data to the legislative auditor without an assurance that
the individual's identity would remain private, or the
legislative auditor reasonably believes that the subject would
not have provided the data. The definitions of terms provided
in section 13.02 apply for purposes of this subdivision.
Sec. 16. Minnesota Statutes 1992, section 3.971, is
amended by adding a subdivision to read:
Subd. 4. (a) To perform best practices reviews, the
legislative auditor through the program evaluation division
shall examine the procedures and practices used to deliver local
government services, including municipalities and counties,
determine the methods of local government service delivery,
identify variations in cost and effectiveness, and identify
practices to save money or provide more effective service
delivery. The legislative auditor shall recommend to local
governments, service delivery methods and practices to improve
the cost-effectiveness of services. The legislative auditor and
the board of government innovation and cooperation shall notify
each other of projects being conducted relating to improving
local government services.
(b) The commission shall identify local government services
to be reviewed with advice from an advisory council whose
membership shall consist of:
(1) three representatives from the Association of Minnesota
Counties;
(2) three representatives from the League of Minnesota
Cities; and
(3) two representatives from the Association of
Metropolitan Municipalities.
(c) This subdivision expires June 30, 1999.
Sec. 17. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 6a. [STATE DEBT COLLECTION DATA.] Data on debtors
received, collected, created, or maintained by the commissioner
of finance are classified under section 16D.06.
Sec. 18. Minnesota Statutes 1993 Supplement, section
15.91, is amended to read:
15.91 [PERFORMANCE REPORTING FOR AGENCIES OF STATE
GOVERNMENT.]
Subdivision 1. [DEFINITION.] For purposes of sections
15.90 to 15.92, "agency" means a department or agency, as
designated in section 15.01 and the pollution control agency.
Subd. 2. [PERFORMANCE REPORTS.] (a) Each agency shall
develop a performance report for its operations the major
programs that it provides or administers. The report shall
include each of the following items or an explanation of why an
item does not apply to the agency or its individual programs:
(1) a statement of the mission, goals, and objectives of
the agency including those set forth in statute;
(2) measures and goals of the output and outcome of the
agency program;
(3) identification of priority and other service
populations, or other service measures, served by the programs
under current law and how those populations are expected to
change within the period of the report;
(4) plans for how outcome information can be used as an
incentive for improving state programs and program outcomes;
(5) requests for statutory flexibility needed to reach
outcome goals;
(6) explanation of proposals and cost estimates for
collecting new outcome information that could be available with
new data collection systems; and
(7) other information that may be required to explain the
past and projected performance of state programs.
The goals objectives required under clause (1): (i) must
be simple declarative statements of intent; (ii) should carry
benchmarks for accomplishment; and (iii) should be specific
enough so citizens can measure progress year to year.
(b) Each agency shall issue a draft report by November 1,
1993, a first annual report by September 1, 1994, and annual
updated reports no later than September 1 of each year beginning
in 1995. A report must cover a period of four years previous
and two years in the future from the date that it is required to
be issued, including previous forecasts versus actual measures.
(c) Each agency shall send a copy of each report issued to
the governor, the speaker of the house of representatives, the
president of the senate, the legislative commission on planning
and fiscal policy, the legislative auditor, the commissioner of
finance, and two copies to the legislative reference library.
(d) The legislative auditor shall review the drafts and
give comments to agencies and the legislature before September
1, 1994, and shall review and give comments on annual reports on
a rotating biennial schedule.
(e) State agency reports shall be compiled as required in
this paragraph. The commissioner of finance, in consultation
with the commissioner of administration, the legislative
commission on planning and fiscal policy, and the finance
committees and divisions of the house of representatives and
senate, shall:
(1) develop forms and instructions and coordinate training
for the use of the agencies in the preparation of their reports;
(2) work with individual agencies to determine acceptable
measures of staff workload, unit costs, output, and outcome for
use in reports; and
(3) request any needed additional information concerning
any agency report submitted.
Each agency shall include citizens, agency clients,
consumer and advocacy groups, worker participation committees,
managers, elected officials, and contractors in its planning.
Sec. 19. [PURPOSE.]
The purposes of sections 15.95 and 15.96 are to establish a
process:
(1) for improving public access to government information
and data, and therefore for improving the democratic process,
through the use of information technology; and
(2) for helping government become more efficient,
effective, and responsive to the public through the use of
information technology.
Sec. 20. [15.95] [GOVERNMENT INFORMATION ACCESS COUNCIL.]
Subdivision 1. [MEMBERSHIP.] The government information
access council consists of the following members:
(1) all Minnesota residents who are members of the
president's national information infrastructure advisory group;
(2) two commissioners of state agencies, appointed by the
governor;
(3) one person appointed by the University of Minnesota
board of regents;
(4) one person appointed by the higher education board;
(5) one representative of public television, appointed by
the Minnesota public television association;
(6) one representative aligned with the Minnesota equal
access network, appointed by the board of the network;
(7) one member appointed by the telephone company providing
access to the largest number of customers within the state;
(8) one corporate executive from a company that is a member
of the Minnesota business partnership, selected by the
partnership;
(9) one representative of the citizens league, appointed by
the league;
(10) one member of the intergovernmental information
systems advisory council, appointed by the council;
(11) one member appointed by the Minnesota AFL-CIO;
(12) one member of American Federation of State, County,
and Municipal Employees, council 6, appointed by the executive
board of council 6;
(13) one member of the joint media committee, appointed by
the committee;
(14) one member representing each of the following groups,
appointed by the members of the council appointed under clauses
(1) to (13): telephone companies, the cable television
industry, and librarians who manage government information;
(15) four additional members representing diverse
communities, or private citizens with unique perspectives
regarding information policy, appointed by the members of the
council appointed under clauses (1) to (14);
(16) one person representing a telecommunication carrier
providing interexchange service to the largest number of
customers within the state, appointed by the members of the
council appointed under clauses (1) to (14);
(17) one member representing a public utility regulated
under chapter 216B, appointed by the members of the council
appointed under clauses (1) to (14); and
(18) one member representing nonprofit cable communication
access centers serving community populations, appointed by
members of the council appointed under clauses (1) to (14).
One member of the house of representatives, appointed by
the speaker; one member of the senate, appointed by the
subcommittee on committees of the committee on rules and
administration; one member of the house of representatives,
appointed by the minority leader; and one member of the senate,
appointed by the minority leader shall serve as members of the
council without votes.
Subd. 2. [TERMS; COMPENSATION.] Members serve at the
pleasure of the appointing authority, and shall be appointed by
September 1, 1994. Members receive compensation and expense
reimbursement as provided by section 15.059, subdivision 3.
Subd. 3. [CHAIR; MEETINGS.] The governor shall designate
the chair of the council from among its members. The chair
shall schedule meetings at least quarterly. The chair must
report any council recommendations or actions to the
legislature, the governor, and affected state agencies, as
appropriate, within one week of making the recommendation or
taking the action. All meetings of the council, the executive
committee, and work groups are subject to section 471.705.
Subd. 4. [EXECUTIVE COMMITTEE; WORK GROUPS.] (a) The
council must establish and appoint an executive committee. The
executive committee consists of the following members of the
council: one person who is a member of the president's national
information infrastructure advisory group, the University of
Minnesota representative, the higher education board
representative, the telephone company representative appointed
under subdivision 1, clause (7), the Minnesota business
partnership representative, the librarian representative, one
citizen representative, the AFL-CIO representative, and one
other member of the council, designated by the council. The
executive committee must meet at least monthly. It must
recommend organization of other committees or work groups. The
executive committee must develop agenda items for the full
council.
(b) The council may establish other committees or work
groups. Each committee or work group may include up to two
persons who are not members of the council.
Subd. 5. [DUTIES.] The primary mission of the council is
to develop principles to assist elected officials and other
government decision-makers in providing citizens with greater
and more efficient access to government information, both
directly and through private businesses. In developing these
principles, the council must consider:
(1) the most effective and efficient means to make
information available to the public in a manner that is designed
primarily from the perspective of the citizen;
(2) how to provide the greatest possible public access that
is demand driven to the widest possible array of public
government data and information maintained by state or local
governments, including open access through libraries, schools,
nonprofit organizations, businesses, and homes;
(3) what information should be made available free of
charge directly from government agencies, in addition to
information that is available for inspection free of charge
under section 13.03, subdivision 3;
(4) what information should be sold, either by government
agencies or through private businesses, and what factors should
determine the prices that government should charge to citizens
for providing information directly, and to businesses who will
resell information;
(5) how government can encourage private businesses to
foster the creation of new private business endeavors by making
digital information available for the purpose of distributing
enhanced government information services to citizens;
(6) what changes need to be made in governmental operations
to assure that more government information is readily available
to citizens, whether provided directly by government agencies or
provided through private businesses;
(7) whether digital information should be made available on
an exclusive or nonexclusive basis, and how different types of
information should be treated differently for this purpose;
(8) how the state and other governmental units can protect
their intellectual property rights, while making government data
available to the public as required in chapter 13;
(9) the impact of data collection and dissemination
practices on privacy rights of individuals;
(10) what technological changes governmental agencies need
to make to facilitate electronic provision of governmental
information, either directly to citizens, or to private
businesses who will distribute the information; and
(11) how to avoid duplicating services available from
private providers, except as necessary to achieve goals set in
subdivision 7.
Subd. 6. [OTHER DUTIES.] (a) The council shall:
(1) coordinate statewide efforts by units of state and
local government to plan for and develop a system for providing
the data and services in the manner envisioned by this section;
(2) make recommendations that facilitate coordination and
assistance of demonstration projects;
(3) advise units of state and local government on provision
of government data to citizens and businesses; and
(4) explore ways and means to improve citizen and business
access to public data, including implementation of technological
improvements.
(b) In fulfilling its duties under this subdivision, the
council shall seek advice from the general public, government
units, system users, professional associations, libraries,
academic groups, and other institutions and individuals with
knowledge of and interest in such areas as networking,
electronic mail, public information data access, advanced
telecommunications, and electronic transfer and storage of
information.
Subd. 7. [ACCESS TO DATA.] The legislature determines that
the greatest possible access to certain government information
and data is essential to allow citizens to participate fully in
a democratic system of government. The principles that the
council develops must assure that certain information and data,
including, but not limited to the following, will be provided
free of charge or for a nominal cost associated with reproducing
the information or data:
(1) directories of government services and institutions;
(2) legislative and rulemaking information, including
public information newsletters, bill text and summaries, bill
status information, rule status information, meeting schedules,
and the text of statutes and rules;
(3) official documents, releases, speeches, and other
public information issued by the governor's office and
constitutional officers; and
(4) the text of other government documents and publications
that the council determines are important to public
understanding of government activities.
The council, on a continuing basis, shall identify and take
action to ensure that identified government data are available
free of charge, or for a nominal cost associated with
reproducing the data.
Subd. 8. [INFORMATION INSTITUTE.] The council shall also
advise the legislature on issues relating to an information
institute to deal with major public policy issues involving
access to government information and to foster the development
of private sector information industries.
Subd. 9. [APPROVAL OF STATE AGENCY INITIATIVES.] No state
agency may implement a new initiative for providing electronic
access to state government information unless the initiative is
reviewed by the council and approved by the information policy
office.
Subd. 10. [CAPITAL INVESTMENT.] No state agency may
propose or implement a capital investment plan for a state
office building unless:
(1) the agency has developed a plan for increasing
telecommuting by employees who would normally work in the
building, or the agency has prepared a statement describing why
such a plan is not practicable; and
(2) the plan or statement has been reviewed by the council
and approved by the information policy office.
Subd. 11. [SUPPORT.] The information policy office shall
provide staff and other support services to the council.
Sec. 21. [15.96] [DUTIES OF OTHER GROUPS.]
(a) The groups in paragraphs (b) to (g) shall work with the
government information access council in accomplishing its
mission.
(b) The information policy office shall provide technical
assistance to the council, and shall oversee state agency
efforts to implement projects and programs in accordance with
principles adopted by the council.
(c) The University of Minnesota shall continuously assess
best practices and conduct other research to keep Minnesota in a
leadership role in the area of access to and distribution of
government information.
(d) The public utilities commission shall address changes
needed in the regulatory environment to facilitate access to and
distribution of government information.
(e) The governor, through the state's Washington, D.C.
office, shall monitor recommendations of national advisory
groups, monitor legal and regulatory developments at the federal
level, and review grant proposals made by Minnesota governmental
entities to federal agencies.
(f) The departments of trade and economic development and
education shall immediately initiate efforts to provide greater
access to and distribution of their information working through
the council as envisioned by section 15.95.
(g) The department of revenue shall study how tax policy
might be used to facilitate entry onto the information highway.
Sec. 22. [15.97] [INFORMATION AND TELECOMMUNICATIONS
INSTITUTE.]
The legislature intends to establish an institute of
telecommunications technology applications and education. The
institute must be structured as a collaboration between at least
the computer science, health science, teacher education, and
extension programs at the University of Minnesota, other
post-secondary educational institutions in the state, Minnesota
Technology, Inc., the department of trade and economic
development, libraries, and other institutions and entities that
have an interest in applications for and education on
telecommunications and information technology. The mission of
the institute will be to:
(1) engage in applied research in order to develop
applications and methodologies for use of existing and expanded
telecommunications and information resources and networks
particularly in the areas of provision of health care,
education, business, and employment communications and services;
and
(2) provide technical assistance, education, and
information to current and potential users of telecommunications
networks and systems, including at least health care providers,
teachers, employers, and employees and to advocate and promote
appropriate and efficient use of the networks and systems to
improve efficiency and flexibility of the networks and systems
and of their users.
Sec. 23. [15.98] [INDOOR ICE FACILITIES.]
This section applies to an indoor ice arena operated by a
political subdivision, a state agency, the University of
Minnesota, a state higher education institution, or any other
organization that makes an arena available to the public. If
the arena provides more prime ice time to groups of one gender
than to groups of the other gender, the arena may not deny a
request for prime ice time from the group of the
underrepresented gender, provided that the group of the
underrepresented gender pays the same price charged to groups of
the other gender. An underrepresented gender group must be
allowed up to 15 percent of prime ice time for the 1994-1995
season, up to 30 percent by the 1995-1996 season, and up to 50
percent by the 1996-1997 season. This section does not: (1)
require an arena to allocate more time to any one group than is
generally allocated to other groups; or (2) affect a political
subdivision's ability to grant preference to groups based in the
political subdivision, provided this preference is not based on
gender. For purposes of this section, prime ice time means the
hours of 4:00 p.m. to 10:00 p.m. Monday to Friday and 9:00 a.m.
to 8:00 p.m. on Saturdays and Sundays. Any group that generates
revenue as a result of tickets sold to persons in attendance at
arena events must be excluded in determining if the arena
provides more prime ice time to groups of one gender than the
other.
Sec. 24. Minnesota Statutes 1992, section 16A.124,
subdivision 2, is amended to read:
Subd. 2. [COMMISSIONER SUPERVISION.] The commissioner
shall exercise constant supervision over monitor state agencies
to insure the prompt payment of vendor obligations.
Sec. 25. Minnesota Statutes 1992, section 16A.124,
subdivision 7, is amended to read:
Subd. 7. [REPORT TO LEGISLATURE.] The commissioner shall
report to the legislature each year summarizing the state's
payment record for the preceding year. The report shall include
the number and dollar amount of late payments made by each
agency, the amount of interest penalties and collection costs
paid, and the specific steps being taken to reduce the incidence
of late payments in the future.
Sec. 26. Minnesota Statutes 1992, section 16A.127, as
amended by Laws 1993, First Special Session chapter 2, article
3, section 2, is amended to read:
16A.127 [INDIRECT COSTS.]
Subdivision 1. [STATEWIDE AND AGENCY INDIRECT COSTS.] (a)
As used in this section and in section 16A.128, "statewide
indirect costs" means all operating costs incurred general fund
expenditures made by the treasurer and all agencies any state
agency attributable to providing general support services to any
other state agency except as prohibited by federal law. These
operating costs include their proportionate share of costs
incurred by the legislative and judicial branches.
(b) As used in this section, "agency indirect costs" means
all general support costs within the any agency that are not
cannot be directly charged to any agency programs program.
(c) For purposes of this section, "agency" means any entity
receiving general support services.
Subd. 2. [STATEWIDE PLAN.] The commissioner shall annually
prepare a plan showing the kind identifying the sources and
amount amounts of each executive agency's statewide indirect
costs for the current fiscal year. The commissioner
shall report submit the plan to the cognizant federal agency for
approval, and provide copies to the governor and the legislature.
Subd. 3. [GENERAL REIMBURSEMENT.] (a) Under the plan,
Unless indirect cost recoveries are specifically appropriated in
law, agencies are obligated to reimburse the general fund for
all statewide indirect costs, and that portion of agency
indirect costs attributable to recoveries of general fund
expenditures. However, the commissioner may, for reasons of
sound financial management, waive the reimbursement under this
subdivision for certain nongeneral fund activities.
(b) The commissioner shall make and record the
reimbursement to the general fund of the statewide and agency
indirect costs attributable to an executive agency's nongeneral
fund receipts activities for the last fiscal year. Unless the
commissioner determines that agency indirect cost receipts are a
reimbursement for general fund expenditures, the All nonfederal
agency indirect cost receipts are appropriated to the agency to
pay administrative expenses, unless they are determined to be a
reimbursement of general fund expenditures. However, the
commissioner may, for reasons of sound financial management,
waive the reimbursement under this subdivision for certain
nongeneral fund receipts. The commissioner shall report all
waivers in the next statewide indirect cost plan.
(b) Subd. 3a. [APPROPRIATION.] There is annually
appropriated from all direct appropriated nongeneral funds an
amount sufficient to reimburse the general fund for both
statewide indirect costs, and any agency indirect costs
attributable to general fund expenditures.
Subd. 4. [FEDERAL PROPOSALS.] An executive agency's
application Agency applications for federal money shall include
necessary submissions to get recover both statewide and agency
indirect cost money costs. The indirect cost submission must
have the prior approval of the commissioner. An agency indirect
cost submission plan is unnecessary if the executive agency
convinces the commissioner determines that the submission is not
economical costs incurred in preparing and maintaining it exceed
the benefit received by the state. If less than the entire
agency proposal is federally approved, the commissioner may
accept reimbursement of less than all of the federal receipts.
If no federal funds are approved for indirect costs, the agency
must document that fact to the commissioner.
Subd. 5. [FEDERAL SHARE REIMBURSEMENT.] The executive
agency Agencies shall reimburse the general fund for all federal
money received for as a recovery of statewide indirect
costs. Unless the commissioner determines that agency indirect
cost receipts are a reimbursement for general fund expenditures,
the receipts are appropriated to the agency to pay
administrative expenses. If less than the entire executive
agency proposal is federally approved, the commissioner may
accept reimbursement of less than all of the federal receipts.
If no federal funds are approved for indirect costs, the
executive agency must document that fact to the
commissioner. All federal agency indirect cost receipts are
appropriated to the agency to pay administrative expenses,
unless they are determined to be a reimbursement of general fund
expenditures.
Subd. 6. [REQUIRED INFORMATION.] An executive agency
Agencies must supply the information required by the
commissioner, as needed, to carry out the provisions of this
section.
Subd. 7. [AUDIT FEES.] The legislative auditor may
recommend waiver, and the legislative audit commission may waive
all or part of a fee for an audit. A state audited executive
agency whose funds are not administered by the treasurer must
transfer to the general fund the amount of the cost of the audit
attributable to the executive agency's nongeneral fund receipts.
Subd. 8. [EXEMPTION EXEMPTIONS.] (a) No statewide or
agency indirect cost liability shall be accrued to any program,
appropriation, or account that is specifically exempted from the
liability in federal or state law, or if the commissioner
determines the funds to be held in trust, or to be a pass
through, workshop, or seminar account. Accounts receiving
proceeds from bond issues, and those accounts whose funds are
determined by the commissioner to originate from the general
fund, are also exempt from this section.
(b) Except for the costs of the legislative auditor to
conduct financial audits of federal funds, this section does not
apply to the community college board, state university board, or
the state board of technical colleges. Indirect cost Receipts
attributable to financial audits conducted by the legislative
auditor of federal funds administered by these post-secondary
education boards shall be deposited in the general fund.
(b) Except for federal funds, this section does not apply
to the department of natural resources for agency indirect costs.
Subd. 9. [WAIVER PROVISION FOR NATURAL RESOURCES.] (a) The
department of natural resources is exempt from recovering agency
indirect costs except where federal funds are involved.
(b) The commissioner of natural resources need not bill the
federal government, other states, or Canadian provinces for the
indirect costs of providing emergency fire fighting services,
and need not reimburse the general fund for those indirect
costs, if the commissioner determines that the emergency fire
fighting is in the best interest of the state. The commissioner
of natural resources need not bill another state or Canadian
province for the indirect costs of providing emergency fire
fighting services, and need not reimburse the general fund for
those indirect costs, if the other state or Canadian province
agrees not to bill the state of Minnesota for the indirect costs
of emergency fire fighting services provided by the other state
if the waiver is reciprocated.
Sec. 27. Minnesota Statutes 1992, section 16A.15,
subdivision 3, is amended to read:
Subd. 3. [ALLOTMENT AND ENCUMBRANCE.] (a) A payment may
not be made without prior obligation. An obligation may not be
incurred against any fund, allotment, or appropriation unless
the commissioner has certified a sufficient unencumbered balance
or the accounting system shows sufficient allotment or
encumbrance balance in the fund, allotment, or appropriation to
meet it. The commissioner shall determine when the accounting
system may be used to incur obligations without the
commissioner's certification of a sufficient unencumbered
balance. An expenditure or obligation authorized or incurred in
violation of this chapter is invalid and ineligible for payment
until made valid. A payment made in violation of this chapter
is illegal. An employee authorizing or making the payment, or
taking part in it, and a person receiving any part of the
payment, are jointly and severally liable to the state for the
amount paid or received. If an employee knowingly incurs an
obligation or authorizes or makes an expenditure in violation of
this chapter or takes part in the violation, the violation is
just cause for the employee's removal by the appointing
authority or by the governor if an appointing authority other
than the governor fails to do so. In the latter case, the
governor shall give notice of the violation and an opportunity
to be heard on it to the employee and to the appointing
authority. A claim presented against an appropriation without
prior allotment or encumbrance may be made valid on
investigation, review, and approval by the commissioner, if the
services, materials, or supplies to be paid for were actually
furnished in good faith without collusion and without intent to
defraud. The commissioner may then draw a warrant to pay the
claim just as properly allotted and encumbered claims are paid.
(b) The commissioner may approve payment for materials and
supplies in excess of the obligation amount when increases are
authorized by section 16B.07, subdivision 2.
(c) To minimize potential construction delay claims, an
agency with a project funded by a building appropriation may
allow a contractor to proceed with supplemental work within the
limits of the appropriation before money is encumbered. Under
this circumstance, the agency may requisition funds and allow
contractors to expeditiously proceed with a construction
sequence. While the contractor is proceeding, the agency shall
immediately act to encumber the required funds.
Sec. 28. Minnesota Statutes 1992, section 16B.01,
subdivision 4, is amended to read:
Subd. 4. [STATE CONTRACT.] "State contract" means any
written instrument or electronic document containing the
elements of offer, acceptance and consideration to which a state
agency is a party.
Sec. 29. Minnesota Statutes 1992, section 16B.05,
subdivision 2, is amended to read:
Subd. 2. [FACSIMILE SIGNATURES AND ELECTRONIC APPROVALS.]
When authorized by the commissioner, facsimile signatures and
electronic approvals may be used by personnel of the department
of administration in accordance with the commissioner's
delegated authority and instructions, copies of which shall be
filed with the commissioner of finance, state treasurer, and the
secretary of state. A facsimile signature or electronic
approval, when used in accordance with the commissioner's
delegated authority and instructions, is as effective as an
original signature.
Sec. 30. Minnesota Statutes 1992, section 16B.06,
subdivision 1, is amended to read:
Subdivision 1. [DUTIES OF COMMISSIONER.] (a) [CONTRACT
MANAGEMENT.] The commissioner shall perform all contract
management and review functions for state contracts, except
those functions performed by the contracting agency, and the
attorney general, or the commissioner of finance. All agencies
shall fully cooperate with the commissioner in the management
and review of state contracts. A delegation of the
commissioner's duties under this section to the head of an
agency or a designated subordinate must be filed with the
secretary of state and may not, except with respect to
delegations within the department of administration, exceed two
years in duration.
(b) [PURCHASING.] The commissioner shall purchase, rent, or
otherwise provide for the furnishing of all supplies, materials,
equipment, and utility services. The commissioner may lease,
rent, or sell supplies, equipment, and services to agencies.
The commissioner shall purchase from the state correctional
institutions, the University of Minnesota, and other state
institutions all articles manufactured by them which are usable
by the state. All purchase orders must be made on a
form prepared in a format prescribed by the attorney general.
Sec. 31. Minnesota Statutes 1992, section 16B.06,
subdivision 2, is amended to read:
Subd. 2. [VALIDITY OF STATE CONTRACTS.] (a) A state
contract or lease is not valid and the state is not bound by it
until:
(1) it has first been executed by the head of the agency or
a delegate which is a party to the contract and;
(2) it has been approved in writing by the commissioner or
a delegate, under this section,;
(3) it has been approved by the attorney general or a
delegate as to form and execution,; and by the commissioner of
finance or a delegate who shall determine that the appropriation
and
(4) the account system shows an allotment have been
encumbered or encumbrance balance for the full amount of the
contract liability.
(b) Paragraph (a), clause (2), does not apply to contracts
between state agencies or contracts awarding grants.
(c) The head of the agency may delegate the execution of
specific contracts or specific types of contracts to a deputy or
assistant head designated subordinate within the agency if the
delegation has been approved by the commissioner of
administration and filed with the secretary of state. A The
fully executed copy of every contract or lease extending for a
term longer than one year must be filed with the commissioner of
finance kept on file at the contracting agency.
Sec. 32. Minnesota Statutes 1992, section 16B.32, is
amended by adding a subdivision to read:
Subd. 3. [GIFTS.] The commissioner may accept gifts for
energy efficiency improvements in state-owned and wholly-leased
buildings. Energy cost savings from these improvements, up to
the cost of these improvements, shall be deposited in a special
revenue fund established in the state treasury. Money in the
special revenue fund is appropriated to the commissioner to
implement further energy efficiency improvements in state-owned
or wholly-leased buildings.
Sec. 33. [16B.483] [INTELLECTUAL PROPERTY.]
Before executing a contract or license agreement involving
intellectual property developed or acquired by the state, a
state agency shall seek review and comment from the attorney
general on the terms and conditions of the contract or agreement.
Sec. 34. [16B.615] [RESTROOM FACILITIES.]
Subdivision 1. [DEFINITION.] For purposes of this section,
"place of public accommodation" means a publicly or privately
owned sports or entertainment arena, stadium, theater, community
or convention hall, special event center, amusement facility, or
special event center in a public park, that is designed for
occupancy by 200 or more people.
Subd. 2. [APPLICATION.] This section applies only to a
place of public accommodation for which construction, or
alterations exceeding 50 percent of the estimated replacement
value of the existing facility, begins after the effective date
of this subdivision.
Subd. 3. [RATIO.] In a place of public accommodation
subject to this section, the ratio of water closets for women to
the total of water closets and urinals provided for men must be
at least three to two, unless there are two or fewer fixtures
for men.
Subd. 4. [RULES.] The commissioner of administration shall
adopt rules to implement this section. The rules may provide
for a greater ratio of women's to men's facilities for certain
types of occupancies than is required in subdivision 3, and may
apply the required ratios to categories of occupancies other
than those defined as places of public accommodation under
subdivision 1.
Sec. 35. [16D.01] [CITATION AND SCOPE.]
Subdivision 1. [CITATION.] This chapter may be cited as
the "debt collection act."
Subd. 2. [SCOPE.] The collection procedures and remedies
under this chapter are in addition to any other procedure or
remedy available by law. If the referring agency's applicable
state or federal law provides for the use of a particular remedy
or procedure for the collection of a debt, that particular
remedy or procedure governs the collection of that debt to the
extent the procedure or remedy is inconsistent with this chapter.
Sec. 36. [16D.02] [DEFINITIONS.]
Subdivision 1. [APPLICATION.] The definitions in this
section apply to this chapter.
Subd. 2. [COMMISSIONER.] "Commissioner" means the
commissioner of finance.
Subd. 3. [DEBT.] "Debt" means an amount owed to the state
directly, or through a state agency, on account of a fee, duty,
lease, direct loan, loan insured or guaranteed by the state,
rent, service, sale of real or personal property, overpayment,
fine, assessment, penalty, restitution, damages, interest, tax,
bail bond, forfeiture, reimbursement, liability owed, an
assignment to the state including assignments under sections
256.72 to 256.87, the Social Security Act, or other state or
federal law, recovery of costs incurred by the state, or any
other source of indebtedness to the state. Debt also includes
amounts owed to individuals for which the state or state agency
acts in a fiduciary capacity in providing collection services in
accordance with the regulations adopted under the Social
Security Act at Code of Federal Regulations, title 45, section
302.33. Debt also includes an amount owed to the courts or
University of Minnesota for which the commissioner provides
collection services pursuant to contract.
Subd. 4. [DEBTOR.] "Debtor" means an individual,
corporation, partnership, an unincorporated association, a
limited liability company, a trust, an estate, or any other
public or private entity, including a state, local, or federal
government, or an Indian tribe, that is liable for a debt or
against whom there is a claim for a debt.
Subd. 5. [DEBT QUALIFICATION PLAN.] "Debt qualification
plan" means an agreement entered into between a referring agency
and the commissioner that defines the terms and conditions by
which the commissioner will provide collection services to the
referring agency.
Subd. 6. [REFERRING AGENCY.] "Referring agency" means a
state agency, the University of Minnesota, or a court that has
entered into a debt qualification plan with the commissioner to
refer debts to the commissioner for collection.
Subd. 7. [STATE AGENCY.] "State agency" means a state
office, officer, board, commission, bureau, division,
department, authority, agency, public corporation, or other unit
of state government.
Sec. 37. [16D.03] [SUPERVISION OF STATE DEBT COLLECTION.]
Subdivision 1. [RESPONSIBILITY.] The commissioner of
finance shall supervise and report on state debt collection.
Subd. 2. [STATE AGENCY REPORTS.] State agencies shall
report quarterly to the commissioner the debts owed to them.
The commissioner, in consultation with the commissioners of
revenue and human services, and the attorney general, shall
establish internal guidelines for the recognition, tracking,
reporting, and collection of debts owed the state. The internal
guidelines must include accounting standards, performance
measurements, and uniform reporting requirements applicable to
all state agencies.
Subd. 3. [REPORT OF THE COMMISSIONER.] By January 15 of
each year, the commissioner shall report on the management of
debts owed the state, including performance measurements and
progress of the debt collection efforts undertaken by state
agencies and the commissioner. The report must be made to the
governor and the chairs of the committee on finance of the
senate and the committee on ways and means of the house of
representatives.
Sec. 38. [16D.04] [COLLECTION ACTIVITIES.]
Subdivision 1. [DUTIES.] The commissioner shall provide
services to the state and its agencies to collect debts owed the
state. The commissioner is not a collection agency as defined
by section 332.31, subdivision 3, and is not licensed, bonded,
or regulated by the commissioner of commerce under sections
332.31 to 332.35 or 332.38 to 332.45. The commissioner is
subject to section 332.37, except clause (9) or (10). The
commissioner may contract with the commissioner of revenue for
collection services.
Subd. 2. [AGENCY PARTICIPATION.] A state agency may, at
its option, refer debts to the commissioner for collection. The
ultimate responsibility for the debt, including the reporting of
the debt to the commissioner and the decision with regard to the
continuing collection and uncollectibility of the debt, remains
with the referring state agency.
Subd. 3. [SERVICES.] The commissioner shall provide
collection services for a state agency, and may provide for
collection services for the University of Minnesota or a court,
in accordance with the terms and conditions of a signed debt
qualification plan.
Subd. 4. [AUTHORITY TO CONTRACT.] The commissioner may
contract with credit bureaus, private collection agencies, and
other entities as necessary for the collection of debts. A
private collection agency acting under a contract with the
commissioner is subject to sections 332.31 to 332.45, except
that the private collection agency may indicate that it is
acting under a contract with the commissioner. The commissioner
may not delegate the powers provided under section 16D.08 to any
nongovernmental entity.
Sec. 39. [16D.05] [PRIORITY OF SATISFACTION OF DEBTS.]
Subdivision 1. [MULTIPLE DEBTS.] If two or more debts owed
by the same debtor are submitted to the commissioner, amounts
collected on those debts must be applied as prescribed in this
section.
Subd. 2. [ENFORCEMENT OF LIENS.] If the money received is
collected on a judgment lien under chapter 550, a lien provided
by chapter 514, a consensual lien or security interest,
protection of an interest in property through chapter 570, by
collection process provided by chapters 551 and 571, or by any
other process by which the commissioner is enforcing rights in a
particular debt, the money must be applied to that particular
debt.
Subd. 3. [OTHER METHODS OF COLLECTION.] If the money is
collected in any manner not specified in subdivision 2, the
money collected must apply first to the satisfaction of any
debts for child support. Any debts other than child support
must be satisfied in the order in time in which the commissioner
received the debts from the referring agency.
Sec. 40. [16D.06] [DEBTOR INFORMATION.]
Subdivision 1. [ACCESS TO GOVERNMENT DATA NOT PUBLIC.]
Notwithstanding chapter 13 or any other state law classifying or
restricting access to government data, upon request from the
commissioner, state agencies, political subdivisions, and
statewide systems shall disseminate not public data to the
commissioner for the sole purpose of collecting debt. Not
public data disseminated under this subdivision is limited to
financial data of the debtor or data related to the location of
the debtor or the assets of the debtor.
Subd. 2. [DISCLOSURE OF DATA.] Data received, collected,
created, or maintained by the commissioner to collect debts are
classified as private data on individuals under section 13.02,
subdivision 12, or nonpublic data under section 13.02,
subdivision 9. The commissioner may disclose not public data:
(1) under section 13.05;
(2) under court order;
(3) under a statute specifically authorizing access to the
not public data;
(4) to provide notices required or permitted by statute;
(5) to an agent of the commissioner, including a law
enforcement person, attorney, or investigator acting for the
commissioner in the investigation or prosecution of a criminal
or civil proceeding relating to collection of a debt;
(6) to report names of debtors, amount of debt, date of
debt, and the agency to whom debt is owed to credit bureaus; and
(7) when necessary to locate the debtor, locate the assets
of the debtor, or to enforce or implement the collection of a
debt.
The commissioner may not disclose data that is not public
to a private collection agency or other entity with whom the
commissioner has contracted under section 16D.04, subdivision 4,
unless disclosure is otherwise authorized by law.
Sec. 41. [16D.07] [NOTICE TO DEBTOR.]
The referring agency shall send notice to the debtor by
United States mail or personal delivery at the debtor's last
known address at least 20 days before the debt is referred to
the commissioner. The notice must state the nature and amount
of the debt, identify to whom the debt is owed, and inform the
debtor of the remedies available under this chapter.
Sec. 42. [16D.08] [COLLECTION DUTIES AND POWERS.]
Subdivision 1. [DUTIES.] The commissioner shall take all
reasonable and cost-effective actions to collect debts referred
to the commissioner.
Subd. 2. [POWERS.] In addition to the collection remedies
available to private collection agencies in this state, the
commissioner, with legal assistance from the attorney general,
may utilize any statutory authority granted to a referring
agency for purposes of collecting debt owed to that referring
agency.
Sec. 43. [16D.09] [UNCOLLECTIBLE DEBTS.]
When a debt is determined by a state agency to be
uncollectible, the debt may be written off by the state agency
from the state agency's financial accounting records and no
longer recognized as an account receivable for financial
reporting purposes. A debt is considered to be uncollectible
when (1) all reasonable collection efforts have been exhausted,
(2) the cost of further collection action will exceed the amount
recoverable, (3) the debt is legally without merit or cannot be
substantiated by evidence, (4) the debtor cannot be located, (5)
the available assets or income, current or anticipated, that may
be available for payment of the debt are insufficient, (6) the
debt has been discharged in bankruptcy, (7) the applicable
statute of limitations for collection of the debt has expired,
or (8) it is not in the public interest to pursue collection of
the debt. The determination of the uncollectibility of a debt
must be reported by the state agency along with the basis for
that decision as part of its quarterly reports to the
commissioner. Determining that the debt is uncollectible does
not cancel the legal obligation of the debtor to pay the debt.
Sec. 44. [16D.10] [CASE REVIEWER.]
The commissioner shall make a case reviewer available to
debtors. The reviewer must be available to answer a debtor's
questions concerning the collection process and to review the
collection activity taken. If the reviewer reasonably believes
that the particular action being taken is unreasonable or
unfair, the reviewer may make recommendations to the
commissioner in regard to the collection action.
Sec. 45. [RECOMMENDATION; SUPERVISION OF STATE DEBT
COLLECTION.]
By February 15, 1996, the commissioners of finance, human
services, and revenue and the attorney general shall conduct an
evaluation and make a recommendation to the legislature
regarding the appropriate state officer to supervise state debt
collection under Minnesota Statutes, section 16D.04.
Sec. 46. Minnesota Statutes 1992, section 43A.316,
subdivision 9, is amended to read:
Subd. 9. [INSURANCE TRUST FUND.] The insurance trust fund
in the state treasury consists of deposits of the premiums
received from employers participating in the plan and
transfers before July 1, 1994, from the public employees
insurance reserve excess contributions holding account
established by section 353.65, subdivision 7. All money in the
fund is appropriated to the commissioner to pay insurance
premiums, approved claims, refunds, administrative costs, and
other related service costs. Premiums paid by employers to the
fund are exempt from the tax imposed by sections 60A.15 and
60A.198. The commissioner shall reserve an amount of money to
cover the estimated costs of claims incurred but unpaid. The
state board of investment shall invest the money according to
section 11A.24. Investment income and losses attributable to
the fund must be credited to the fund.
Sec. 47. Minnesota Statutes 1992, section 43A.37,
subdivision 1, is amended to read:
Subdivision 1. [CERTIFICATION ACCURACY OF
PAYROLL.] Neither the commissioner of finance nor any other
fiscal officer of this state may draw, sign, or issue, or
authorize the drawing, signing, or issuing of any warrant on the
treasurer or other disbursing officer of the state, nor may the
treasurer or other disbursing officer of the state pay any
salary or compensation to any person in the civil service,
unless a payroll register for the salary or compensation
containing the name of every person to be paid bears the
certificate of the commissioner that the persons named in the
payroll register The appointing authority shall ensure that all
employees have been appointed as required by law, rules, or
administrative procedures and that the salary or compensation is
within the compensation plan fixed by law. The appointing
authority shall certify ensure that all employees named in the
payroll register are performing service as required by law.
This provision does not apply to positions defined in section
43A.08, subdivision 1, clauses (8), (9), (10), and (12).
Employees to whom this subdivision does not apply may be paid on
the state's payroll system, and the appointing authority or
fiscal officer submitting their payroll register is responsible
for the accuracy and legality of the payments.
Salary or compensation claims presented against existing
appropriations, which have been deemed in violation of the
provisions of this subdivision, may be certified for payment if,
upon investigation, the commissioner determines the personal
services for which payment is claimed actually have been
rendered in good faith without collusion and without intent to
defraud.
Sec. 48. Minnesota Statutes 1992, section 69.031,
subdivision 5, is amended to read:
Subd. 5. [DEPOSIT OF STATE AID.] (1) The municipal
treasurer, on receiving the fire state aid, shall within 30 days
after receipt transmit it to the treasurer of the duly
incorporated firefighters' relief association if there is one
organized and the association has filed a financial report with
the municipality; but if there is no relief association
organized, or if any association dissolve, be removed, or has
heretofore dissolved, or has been removed as trustees of state
aid, then the treasurer of the municipality shall keep the money
in the municipal treasury as provided for in section 424A.08 and
shall be disbursed only for the purposes and in the manner set
forth in that section.
(2) The municipal treasurer, upon receipt of the police
state aid, shall disburse the police state aid in the following
manner:
(a) For a municipality in which a local police relief
association exists and all peace officers are members of the
association, the total state aid shall be transmitted to the
treasurer of the relief association within 30 days of the date
of receipt, and the treasurer of the relief association shall
immediately deposit the total state aid in the special fund of
the relief association;
(b) For a municipality in which police retirement coverage
is provided by the public employees police and fire fund and all
peace officers are members of the fund, the total state aid
shall be applied toward the municipality's employer contribution
to the public employees police and fire fund pursuant to section
353.65, subdivision 3, and any state aid in excess of the amount
required to meet the employer's contribution pursuant to section
353.65, subdivision 3, shall be deposited in the public
employees insurance reserve excess contributions holding account
of the public employees retirement association; or
(c) For a municipality other than a city of the first class
with a population of more than 300,000 in which both a police
relief association exists and police retirement coverage is
provided in part by the public employees police and fire fund,
the municipality may elect at its option to transmit the total
state aid to the treasurer of the relief association as provided
in clause (a), to use the total state aid to apply toward the
municipality's employer contribution to the public employees
police and fire fund subject to all the provisions set forth in
clause (b), or to allot the total state aid proportionately to
be transmitted to the police relief association as provided in
this subdivision and to apply toward the municipality's employer
contribution to the public employees police and fire fund
subject to the provisions of clause (b) on the basis of the
respective number of active full-time peace officers, as defined
in section 69.011, subdivision 1, clause (g).
For a city of the first class with a population of more
than 300,000, in addition, the city may elect to allot the
appropriate portion of the total police state aid to apply
toward the employer contribution of the city to the public
employees police and fire fund based on the covered salary of
police officers covered by the fund each payroll period and to
transmit the balance to the police relief association.
(3) The county treasurer, upon receipt of the police state
aid for the county, shall apply the total state aid toward the
county's employer contribution to the public employees police
and fire fund pursuant to section 353.65, subdivision 3, and any
state aid in excess of the amount required to meet the
employer's contribution pursuant to section 353.65, subdivision
3, shall be deposited in the public employees insurance reserve
excess contributions holding account of the public employees
retirement association.
(4) The designated metropolitan airports commission
official, upon receipt of the police state aid for the
metropolitan airports commission, shall apply the total police
state aid toward the commission's employer contribution to the
Minneapolis employees retirement fund under section 422A.101,
subdivision 2a.
Sec. 49. Minnesota Statutes 1992, section 129D.14,
subdivision 5, is amended to read:
Subd. 5. [STATE COMMUNITY SERVICE BLOCK GRANTS.] (a) The
commissioner shall determine eligibility for block grants and
the allocation of block grant money on the basis of audited
financial records of the station to receive the block grant
funds for the station's fiscal year preceding the year in which
the grant is made, as well as on the basis of the other
requirements set forth in this section. The commissioner shall
annually distribute block grants equally to all stations that
comply with the eligibility requirements and for which a
licensee applies for a block grant. The commissioner may
promulgate rules to implement this section. For this purpose
the commissioner may promulgate emergency rules pursuant to
sections 14.29 to 14.36. An applicant's share of the grant
money shall be based on:
(1) The amount received in the preceding year by the
station to which the grant would be distributed in private
nontax generated contributions from sources within the state; no
contributions made for the purpose of capital expenditures shall
be counted; and
(2) The dollar value in the preceding year of contributions
of volunteer time to station operations, provided that the
volunteer time was not used for the purpose of raising money for
the station. Volunteer time shall be valued at the federal
minimum wage per hour. A station's total allocation for
volunteer time shall not exceed 20 percent of its total grant
pursuant to this section.
(b) The commissioner shall match every verified
contribution dollar under paragraph (a), clause (1) and
volunteer time dollar, as calculated under paragraph (a), clause
(2), with two state dollars for each eligible applicant until
the station to which the grant is distributed has received
$10,000 in grant money under this section, and thereafter grant
money shall be distributed on a dollar for dollar basis until
the total amount appropriated for that year has been distributed
equally among all stations. A station may receive state
matching money only until the station's total verified
contribution and volunteer time has been matched or the amount
of the grant received equals one-third of the station's total
operating income for the previous fiscal year.
(c) (b) A station may use grant money under this section
for any radio station expenses.
Sec. 50. Minnesota Statutes 1993 Supplement, section
144C.03, subdivision 2, is amended to read:
Subd. 2. [TRUST ACCOUNT.] (a) There is established in the
general fund an ambulance service personnel longevity award and
incentive trust account and an ambulance service personnel
longevity award and incentive suspense account.
(b) The trust account must be credited with:
(1) general fund appropriations for that purpose,;
(2) transfers from the ambulance service personnel
longevity award and incentive suspense account; and
(3) investment earnings on those accumulated proceeds. The
assets and income of the trust account must be held and managed
by the commissioner of finance and the state board of investment
for the benefit of the state of Minnesota and its general
creditors.
(c) The suspense account must be credited with transfers
from the excess contributions holding account established in
section 353.65, subdivision 7, any per-year-of-service
allocation under section 144C.07, subdivision 2, paragraph (c),
that was not made for an individual, and investment earnings on
those accumulated proceeds. The suspense account must be
managed by the commissioner of finance and the state board of
investment. From the suspense account to the trust account
there must be transferred to the ambulance service personnel
longevity award and incentive trust account, as the suspense
account balance permits, the following amounts:
(1) an amount equal to any general fund appropriation to
the ambulance service personnel longevity award and incentive
trust account for that fiscal year; and
(2) an amount equal to the percentage of the remaining
balance in the account after the deduction of the amount under
clause (1), as specified for the applicable fiscal year:
Fiscal year Percentage
1995 20
1996 40
1997 50
1998 60
1999 70
2000 80
2001 90
2002 and thereafter 100
Sec. 51. Minnesota Statutes 1993 Supplement, section
144C.07, subdivision 2, is amended to read:
Subd. 2. [POTENTIAL ALLOCATIONS.] (a) On September 1,
annually, the commissioner of health or the commissioner's
designee under section 144C.01, subdivision 2, shall determine
the amount of the allocation of the prior year's accumulation to
each qualified ambulance service person. The prior year's net
investment gain or loss under paragraph (b) must be allocated
and that year's general fund appropriation, plus any transfer
from the suspense account under section 144C.03, subdivision 2,
and after deduction of administrative expenses, also must be
allocated.
(b) The difference in the market value of the assets of the
ambulance service personnel longevity award and incentive trust
account as of the immediately previous June 30 and the June 30
occurring 12 months earlier must be reported on or before August
15 by the state board of investment. The market value gain or
loss must be expressed as a percentage of the total potential
award accumulations as of the immediately previous June 30, and
that positive or negative percentage must be applied to increase
or decrease the recorded potential award accumulation of each
qualified ambulance service person.
(c) The appropriation for this purpose, after deduction of
administrative expenses, must be divided by the total number of
additional ambulance service personnel years of service
recognized since the last allocation or 1,000 years of service,
whichever is greater. If the allocation is based on the 1,000
years of service, any allocation not made for a qualified
ambulance service person must be credited to the suspense
account under section 144C.03, subdivision 2. A qualified
ambulance service person must be credited with a year of service
if the person is certified by the chief administrative officer
of the ambulance service as having rendered active ambulance
service during the 12 months ending as of the immediately
previous June 30. If the person has rendered prior active
ambulance service, the person must be additionally credited with
one-fifth of a year of service for each year of active ambulance
service rendered before June 30, 1993, but not to exceed in any
year one additional year of service or to exceed in total five
years of prior service. Prior active ambulance service means
employment by or the provision of service to a licensed
ambulance service before June 30, 1993, as determined by the
person's current ambulance service based on records provided by
the person that were contemporaneous to the service. The prior
ambulance service must be reported on or before August 15 to the
commissioner of health in an affidavit from the chief
administrative officer of the ambulance service.
Sec. 52. Minnesota Statutes 1992, section 176.611,
subdivision 6a, is amended to read:
Subd. 6a. [APPROPRIATIONS CONSTITUTING FUND.] The
revolving fund consists of $3,437,690 appropriated from the
general fund and other funds, along with credited investment
gains or losses attributable to balances in the account. The
state board of investment shall invest the fund's assets
according to section 11A.24.
Sec. 53. [197.236] [VETERANS' CEMETERY.]
Subdivision 1. [ADVISORY COUNCIL; PURPOSE.] The veterans'
cemetery advisory council is established for the purpose of
managing the fundraising for the veterans' cemetery trust
account established in subdivision 7. The council consists of
seven members appointed by and serving at the pleasure of the
governor. Members serve without per diem and without
reimbursement for expenses. The council and the terms of
members expire December 31, 1996.
Subd. 2. [MEMBERSHIP.] Members must be persons experienced
in policy development, civic and community affairs, forms of
public service, or legal work. At least two members must be
veterans. At least three, but no more than four of the members
must be residents of the metropolitan area, as defined in
section 473.121, subdivision 2. No more than four of the
members may be of the same gender.
Subd. 3. [OPERATION AND MAINTENANCE.] The commissioner of
veterans affairs shall supervise and control the veterans'
cemetery established under this section. The commissioner may
contract for the maintenance and operation of the cemetery. All
personnel, equipment, and support necessary for maintenance and
operation of the cemetery, must be included in the department's
budget.
Subd. 4. [ACQUISITION OF PROPERTY.] By August 1, 1994, or
as soon thereafter as practicable, the department of veterans
affairs shall receive by gift and establish ownership of the
site of approximately 36 acres adjacent to Camp Ripley in
Morrison county that has been prepared for the purpose of a
state veterans' cemetery by the Minnesota state veterans'
cemetery association. Prior to the acquisition of this land,
the department must obtain the approval of the Morrison county
board. The department may also receive any equipment and
materials granted to the state or any of its political
subdivisions for this purpose.
Subd. 5. [RULES.] The commissioner of veterans affairs may
adopt rules regarding the operation of the cemetery. If
practicable, the commissioner shall require that upright granite
markers be used to mark all gravesites.
Subd. 6. [PERMANENT DEVELOPMENT AND MAINTENANCE
ACCOUNT.] A veterans' cemetery development and maintenance
account is established in the special revenue fund of the state
treasury. Receipts for burial fees, earnings from the veterans'
cemetery trust account, designated appropriations, and any other
cemetery receipts must be deposited into this account. The
money in the account, including interest earned, is appropriated
to the commissioner to be used for the development, operation,
maintenance, and improvement of the cemetery. To the extent
practicable, the commissioner of veterans affairs must apply for
available federal grants for the development and operation of
the cemetery.
Subd. 7. [PERMANENT TRUST ACCOUNT.] A veterans' cemetery
trust account is established in the special revenue fund of the
state treasury. All designated appropriations and monetary
donations to the cemetery must be placed in this account. The
principal of this account must be invested by the state board of
investment and may not be spent. The income from this account
must be transferred as directed by the account manager to the
veterans' cemetery development and maintenance account.
Subd. 8. [ELIGIBILITY.] Any person who is eligible for
burial in a national veterans cemetery is eligible for burial in
the state veterans' cemetery.
Subd. 9. [BURIAL FEES.] The commissioner of veterans
affairs shall establish a fee schedule, which may be adjusted
from time to time, for the interment of eligible family
members. The fees shall cover as nearly as practicable the
actual costs of interment, excluding the value of the plot. The
department may accept the social security burial allowance, if
any, of the eligible family members in an amount not to exceed
the actual cost of the interment. The commissioner may waive
the fee in the case of an indigent eligible person.
No plot or interment fees may be charged for the burial of
eligible veterans, members of the national guard, or military
reservists, except that funds available from the social security
or veterans burial allowances, if any, must be paid to the
commissioner in an amount not to exceed the actual cost of the
interment, excluding the value of the plot.
Prior to the interment of an eligible person, the
commissioner shall request the cooperation of the eligible
person's next of kin in applying to the appropriate federal
agencies for payment to the cemetery of any allowable interment
allowance.
Subd. 10. [ALLOCATION OF PLOTS.] A person, or survivor of
a person, eligible for interment in the state veterans' cemetery
may apply for a burial plot for the eligible person by
submitting a request to the commissioner of veterans affairs on
a form supplied by the department. The department shall allot
plots on a first-come, first-served basis. To the extent that
it is practical, plots must be allocated in a manner permitting
the burial of eligible family members above, below, or adjacent
to the eligible veteran, member of the national guard, or
military reservist.
Sec. 54. Minnesota Statutes 1992, section 204B.27, is
amended by adding a subdivision to read:
Subd. 8. [VOTER INFORMATION TELEPHONE LINE.] The secretary
of state shall provide a voter information telephone line for
use during the period beginning two weeks before the state
primary and ending three days after the state general election.
A toll-free number must be provided for use by persons residing
outside the metropolitan calling area. The secretary of state
shall make available information concerning voter registration,
absentee voting, election results, and other election-related
information considered by the secretary of state to be useful to
the public.
Sec. 55. Minnesota Statutes 1992, section 326.12,
subdivision 3, is amended to read:
Subd. 3. [CERTIFIED SIGNATURE.] Each plan, specification,
plat, report, or other document which under sections 326.02 to
326.15 is prepared and submitted to a building official by a
licensed architect, licensed engineer, licensed land surveyor,
licensed landscape architect, or certified interior designer
shall be required to must bear only the signature of the
licensed or certified person preparing it, or the signature of
the licensed or certified person under whose direct supervision
it was prepared. Each signature shall be accompanied by a
certification that the signer is licensed under sections 326.02
to 326.15, by the person's license number, and by the date on
which the signature was affixed. The provisions of this
paragraph shall not apply to documents of an intraoffice or
intracompany nature.
Sec. 56. Minnesota Statutes 1992, section 353.65,
subdivision 7, is amended to read:
Subd. 7. [EXCESS CONTRIBUTIONS HOLDING ACCOUNT.] (a) The
public employees insurance reserve excess contributions holding
account is established in the public employees retirement
association. Excess contributions established by section
69.031, subdivision 5, paragraphs (2), clauses (b) and (c), and
(3) must be deposited in the account. These contributions and
all investment earnings associated with them must be regularly
transferred to the insurance trust fund established by section
43A.316, subdivision 9 as provided in paragraph (b).
(b) From the amount of the excess contributions and
associated investment earnings:
(1) $1,000,000 must be transferred annually to the
ambulance service personnel longevity award and incentive
suspense account established by section 144C.03, subdivision 2;
and
(2) any remaining balance must be transferred to the
general fund.
(c) If a law is enacted creating a police officer stress
reduction program, and money is appropriated for the program, an
amount equal to the appropriation must be transferred from the
excess contributions holding account to the stress reduction
program before money is transferred to the general fund under
paragraph (b), clause (2).
Sec. 57. Minnesota Statutes 1992, section 354.06,
subdivision 1, is amended to read:
Subdivision 1. The management of the fund is vested in a
board of eight trustees known as the board of trustees of the
teachers retirement fund. It is composed of the following
persons: the commissioner of education, the commissioner of
finance, the commissioner of commerce a representative of the
Minnesota school boards association, four members of the fund
elected by the members of the fund, and one retiree elected by
the retirees of the fund. The five elected members of the board
of trustees must be chosen by mail ballot in a manner fixed by
the board of trustees of the fund. In every odd-numbered year
there shall be elected two members of the fund to the board of
trustees for terms of four years commencing on the first of July
next succeeding their election. In every odd-numbered year one
retiree of the fund must be elected to the board of trustees for
a term of two years commencing on the first of July next
succeeding the election. The filing of candidacy for a retiree
election must include a petition of endorsement signed by at
least ten retirees of the fund. Each election must be completed
by June first of each succeeding odd-numbered year. In the case
of elective members, any vacancy must be filled by appointment
by the remainder of the board, and the appointee shall serve
until the members or retirees of the fund at the next regular
election have elected a trustee to serve for the unexpired term
caused by the vacancy. No member or retiree may be appointed by
the board, or elected by the members of the fund as a trustee,
if the person is not a member or retiree of the fund in good
standing at the time of the appointment or election.
Sec. 58. Minnesota Statutes 1992, section 570.01, is
amended to read:
570.01 [ALLOWANCE OF ATTACHMENT.]
As a proceeding ancillary to a civil action for the
recovery of money and to any action brought by the attorney
general under the authority of section 8.31, subdivision 1, or
any other law respecting unfair, discriminatory, or other
unlawful practices in business, commerce, or trade, the
claimant, at the time of commencement of the civil action or at
any time thereafter afterward, may have the property of the
respondent attached in the manner and in the circumstances
prescribed in sections 570.01 to 570.14, as security for the
satisfaction of any judgment that the claimant may recover. The
order for attachment shall may be issued only by a judge of the
court in the county in which the civil action is pending. All
property not exempt from execution under the judgment demanded
in the civil action may be is subject to attachment.
Sec. 59. Minnesota Statutes 1992, section 570.02,
subdivision 1, is amended to read:
Subdivision 1. [GROUNDS.] An order of attachment which
that is intended to provide security for the satisfaction of a
judgment may be issued only in the following situations:
(1) when the respondent has assigned, secreted, or disposed
of, or is about to assign, secrete, or dispose of, any of the
respondent's nonexempt property, with intent to delay or defraud
the respondent's creditors;
(2) when the respondent has removed, or is about to remove,
any of the respondent's nonexempt property from this state, with
intent to delay or defraud the respondent's creditors;
(3) when the respondent has converted or is about to
convert any of the respondent's nonexempt property into money or
credits, for the purpose of placing the property beyond the
reach of the respondent's creditors;
(4) when the respondent has committed an intentional fraud
giving rise to the claim upon which the civil action is brought;
or
(5) when the respondent has committed any act or omission,
for which the respondent has been convicted of a felony, giving
rise to the claim upon which the civil action is brought; or
(6) when the respondent has violated the law of this state
respecting unfair, discriminatory, and other unlawful practices
in business, commerce, or trade, including but not limited to
any of the statutes specifically enumerated in section 8.31,
subdivision 1.
Sec. 60. Minnesota Statutes 1992, section 570.025,
subdivision 2, is amended to read:
Subd. 2. [CONDITIONS.] A preliminary attachment order may
be issued prior to before the hearing specified in section
570.026 only if the following conditions are met:
(1) the claimant has made a good faith effort to inform the
respondent of the application for a preliminary attachment order
or that informing the respondent would endanger the ability of
the claimant to recover upon a judgment subsequently awarded;
(2) the claimant has demonstrated the probability of
success on the merits;
(3) the claimant has demonstrated the existence of one or
more of the grounds specified in section 570.02, subdivision 1,
clause (1), (2), or (3), or (6); and
(4) due to extraordinary circumstances, the claimant's
interests cannot be protected pending a hearing by an
appropriate order of the court, other than by directing a
prehearing seizure of property.
Sec. 61. Laws 1993, chapter 192, section 17, subdivision
3, is amended to read:
Subd. 3. Accounting Services
19,303,000 12,711,000
19,378,000 12,636,000
$4,640,000 $4,715,000 the first year
and $3,869,000 $3,794,000 the second
year are to implement the accounts
receivable project. The commissioner
of finance may transfer money to the
commissioners of human services and
revenue and the attorney general. Any
unencumbered balance remaining in the
first year does not cancel but is
available for the second year of the
biennium.
$10,300,000 the first year and
$4,700,000 the second year are for the
statewide systems project. If the
appropriation for the statewide systems
project in either year is insufficient,
the appropriation for the other year is
available. The commissioner of finance
shall report monthly during the
biennium ending June 30, 1995, to the
chairs of the senate finance committee
and the house of representatives ways
and means committee on the expenditure
of this appropriation and the progress
of the statewide systems project.
$285,000 is for transfer by August 1,
1993, to the legislative commission on
planning and fiscal policy for the
purpose of improving legislative access
to executive branch budgeting and
accounting information. None of the
other money appropriated in this
section for the statewide systems
project may be spent until the transfer
to the legislative commission on
planning and fiscal policy has occurred.
The budgeting and accounting portions
of the statewide systems project must
be designed so that all public data in
these systems are available to the
legislature at the time the data are
available to executive branch agencies.
The commissioner of finance, in
consultation with affected agencies,
shall reengineer work processes in
preparation for the new state
accounting, purchasing, and personnel
systems.
The commissioner shall develop a joint
work plan with the department of
administration to implement electronic
data interchange. The commissioner
shall prepare plans for migrating to
open systems, and shall develop plans
for an automated interface with the
local government financial system. The
commissioner must submit these plans to
the information policy office for
review and approval.
Sec. 62. [IMPROVED COORDINATION AND CITIZEN ACCESS.]
(a) The legislative coordinating commission shall make
recommendations to improve coordination of public information
activities between the house of representatives and the senate.
The purpose of these recommendations is to eliminate unnecessary
duplication in a manner that will improve citizens' access to
public information concerning legislative proceedings.
(b) The commission must consider:
(1) joint mailings of material providing updates on recent
house and senate activities and schedules for upcoming meetings;
(2) ensuring that house and senate public information
offices each have materials produced by the other office, such
as meeting schedules, information on bill introductions, and
updates on recent activities, so that a citizen seeking
information can obtain it in one place;
(3) ensuring continued cooperation and coordination of
television production and other public outreach activities;
(4) ensuring that offices in each legislative body that
have contact with the public are expected to and are able to
direct citizens to offices and meetings in the other body.
(c) The commission shall make recommendations to the chairs
of the governmental operations committees, the chairs of the
finance committee divisions having responsibility for the
legislature, the speaker of the house, and the majority leader
of the senate by November 15, 1994. The recommendations must
include the specific topics listed in paragraph (b), and any
other topics designed to improve citizen access to the
legislature.
Sec. 63. [PUBLIC EMPLOYEES INSURANCE PURCHASING
COOPERATIVE TASK FORCE.]
Subdivision 1. [MEMBERSHIP.] The public employees
insurance purchasing cooperative task force consists of one
member each appointed by and representing:
(1) the department of employee relations;
(2) the Minnesota school boards association;
(3) the league of Minnesota cities;
(4) the association of Minnesota counties;
(5) the American federation of state, county, and municipal
employees;
(6) the Minnesota education association;
(7) the Minnesota federation of teachers;
(8) the Minnesota state building and construction trades
council;
(9) the Minnesota AFL-CIO;
(10) the Minnesota teamsters;
(11) the Minnesota police and peace officers association;
(12) the Minnesota professional firefighters; and
(13) the educational cooperative service units under
Minnesota Statutes, section 123.58.
The appointing authorities are responsible for costs
incurred by members.
Subd. 2. [DUTIES.] The task force shall study the
feasibility of establishing a cooperative of all public
employees, excluding state employees, to purchase hospital,
dental, and medical insurance coverage. The task force shall
identify costs associated with the establishment and operation
of a cooperative, determine accessibility for public employees
throughout the state, and develop a plan for implementation.
The task force shall submit a report and recommendations to the
committee on governmental operations and gambling of the house
of representatives and the committee on governmental operations
and reform of the senate by March 1, 1995. The task force
expires upon submission of its report and recommendations.
Subd. 3. [DEPARTMENT OF EMPLOYEE RELATIONS.] The
commissioner of employee relations shall coordinate the
formation of the task force by the organizations listed in
subdivision 1, provide administrative and staff support to the
task force, and assist in preparing its report and
recommendations to the legislature.
Sec. 64. [STRESS DETECTION, PREVENTION, REDUCTION, AND
ACCOMMODATION PROGRAM FEASIBILITY STUDY.]
(a) The commissioner of employee relations shall conduct a
feasibility study for the establishment of a program in state
government to be known as the Minnesota police officers stress
program. This program is intended to provide expertise and
resources for the prevention of job-related stress in police
work. It must also provide a treatment program for
posttraumatic stress as experienced by police officers who are
certified and licensed by the police officers standards and
training board.
(b) Results of the study required under paragraph (a) must
be reported to the chairs of the senate governmental operations
and reform committee, the house of representatives governmental
operations and gambling committee, the senate finance committee,
and the house of representatives ways and means committee by
January 5, 1995.
Sec. 65. [REPEALER.]
Minnesota Statutes 1992, sections 10.11, subdivision 1;
10.12; 10.14; 10.15; 16A.06, subdivision 8; 16A.124, subdivision
6; 197.235; 355.04; and 355.06, are repealed.
Laws 1985, First Special Session chapter 12, article 11,
section 19, is repealed.
Sec. 66. [EFFECTIVE DATE.]
Sections 35 to 44 are effective July 1, 1994, and apply to
the collection of any debt arising before, on, or after that
date.
Section 34, subdivisions 1 to 3, are effective July 1, 1995.
ARTICLE 4
COMMUNITY DEVELOPMENT
Section 1. [COMMUNITY DEVELOPMENT APPROPRIATIONS.]
The sums set forth in the columns headed "APPROPRIATIONS"
are appropriated from the general fund, or other named fund, to
the agencies for the purposes specified in this article and are
added to or, if shown in parenthesis, are subtracted from
appropriations for the fiscal years ending June 30, 1994 and
June 30, 1995, in Laws 1993, chapter 369, or another named law.
SUMMARY BY FUND
1994 1995
General Fund $ 123,000 $2,694,000
Workers' Compensation Fund 50,000
TOTAL $ 123,000 $2,694,000
APPROPRIATIONS
Available for the Year
Ending June 30
1994 1995
Sec. 2. TRADE AND
ECONOMIC DEVELOPMENT $ $ 1,550,000
(a) Minnesota Film Board 40,000
This appropriation is added to the
appropriation in Laws 1993, chapter
369, section 2, subdivision 4, for the
Minnesota film board. This
appropriation is available only upon
receipt by the board of $1 in matching
money or in-kind contributions from
nonstate sources for every $3 provided
by this appropriation.
(b) Community Development
The $6,000,000 to be transferred under
the appropriation in Laws 1993, chapter
369, section 2, subdivision 2, in
fiscal year 1994 to the regional
revolving loan fund account in the
special revenue fund is to be
transferred instead to the rural
rehabilitation account in the special
revenue fund.
(c) Job Skills Partnership 500,000
This appropriation is added to the
appropriations made in Laws 1993,
chapter 369, section 2, subdivision 5,
and the total is the budget base for
the next biennium. The appropriation is
added to the $1,088,000 for fiscal year
1995 for the job skills partnership.
The purpose for the original $1,088,000
and the additional appropriation is for
the job skills partnership program
under Minnesota Statutes, chapter 116L.
(d) Phalen Corridor 450,000
This appropriation is to make a grant
to the city of Saint Paul for the first
phase of development and for
infrastructure analysis of the Phalen
corridor, a redevelopment program to
transform an underutilized railroad
corridor into a 100-acre industrial
park for, primarily, manufacturing and
industrial employment. This
appropriation is not available unless
matched by an equal amount from
nonstate sources.
(e) Women-Owned Businesses 25,000
This appropriation is to conduct a
study of women-owned businesses.\H* (The\h
\Hpreceding paragraphs beginning "(e)"\h
\Hwere vetoed by the governor.)\h
(f) North Metro Business Retention 35,000
and Development Commission
This appropriation is added to the
grant authorized in Laws 1993, chapter
369, section 2, subdivision 5, for the
North Metro Business Retention and
Development Commission, and is for the
purpose of including the cities of New
Brighton and Mounds View in the pilot
project. This grant is available only
on a demonstration of a
dollar-for-dollar cash match from the
commission.
(g) Agricultural Processing Facility 500,000
This appropriation is for a grant to a
city that is the site of an
agricultural processing facility with a
project cost estimated to be at least
$100,000,000. The grant shall be made
only if such a facility is located in
the city. The grant must be used to
pay costs related to the project.
Sec. 3. LABOR INTERPRETIVE
CENTER 45,000 140,000
These general fund appropriations for
operational expenditures are in
addition to the appropriations
transferred in Laws 1993, chapter 369,
section 26.
Any unencumbered balance remaining in
the first year does not cancel but is
available for the second year.
The commissioner of administration
shall manage and control the land
acquired pursuant to Laws 1987, chapter
400, section 61, until funds are
appropriated and construction is
authorized by the legislature to begin
on the labor interpretive center.
Of the money appropriated for 1994, up
to $10,000 is available immediately to
repay any amount owed the bond proceeds
fund.
Sec. 4. MINNESOTA TECHNOLOGY
INCORPORATED -0- 200,000
This appropriation is added to the
appropriation for transfer from the
general fund to the Minnesota
Technology, Inc. fund in Laws 1993,
chapter 369, section 3, and is for
state match for the first year of a
federal grant for a defense conversion
consortium.
Sec. 5. JOBS AND TRAINING
Total Appropriation -0- 600,000
(a) This appropriation is added to the
appropriation in Laws 1993, chapter
369, section 5.
(b) Supported Employment 150,000
$75,000 of this appropriation must be
used to fund direct services for
persons with severe disabilities.
$75,000 of this appropriation is for
staff salary cost of living adjustments
to extended employment program grants
for extended employment and long-term
employment under Minnesota Statutes,
section 268A.09.
(c) Displaced Homemaker 165,000
This appropriation is for the purpose
of the displaced homemaker program
under Minnesota Statutes, section
268.96.\H* (The preceding paragraphs\h
\Hbeginning "(c)" were vetoed by the\h
\Hgovernor.)\h
(d) Minnesota Youth Programs 235,000
This appropriation is for the summer
youth program under Minnesota Statutes,
sections 268.56 and 268.561, for a
grant of $150,000 to the Minneapolis
park and recreation board and $85,000
to the city of St. Paul for
demonstration programs in hiring youth
for summer jobs. These grants must be
matched from nonstate sources. The
demonstration programs must otherwise
comply with Minnesota Statutes,
sections 268.56 and 268.561.
(e) Employment Services for Persons
With Mental Illness 50,000
Of this appropriation, $50,000 is
appropriated from the general fund to
the commissioner of jobs and training
for fiscal year 1995 for the grants
under Minnesota Statutes, section
268A.13, and the development of a
statewide plan for establishing a
statewide system to reimburse providers
for employment support services for
persons with mental illness.\H* (The\h
\Hpreceding paragraphs beginning "(e)"\h
\Hwere vetoed by the governor.)\h
Sec. 6. LABOR AND INDUSTRY -0- 50,000
SUMMARY BY FUND
General Fund $ -0- $ -0-
Workers' Compensation
Special fund -0- 50,000
(a) OSHA Supplement Fund 50,000
This appropriation is from the special
compensation fund and is added to the
appropriation in Laws 1993, chapter
369, section 9, subdivision 3.
(b) OSHA Inspectors
Notwithstanding Minnesota Statutes,
section 79.253, $90,000 is appropriated
for fiscal year 1995 from the assigned
risk safety account in the special
compensation fund to the commissioner
of labor and industry for the purpose
of hiring two occupational safety and
health inspectors. The inspectors
shall perform safety consultations for
employers through labor-management
committees as defined in section
179.81, subdivision 2, under an
interagency agreement entered into
between the commissioners of labor and
industry and mediation services.
Sec. 7. COMMERCE -0- 8,000
This appropriation is for a study, in
consultation with the attorney general,
of the pawnbroker industry in
Minnesota. The commissioner shall
study:
(1) current licensing and regulation of
pawnbrokers by political subdivisions,
the effectiveness of that licensing,
and the need, if any, for licensing and
regulation by the state; and
(2) rates of interest or fees charged
on pawnbroker loans in Minnesota and
other states, and whether the state
should establish a maximum rate of
interest or fee for such loans.
The commissioner shall report findings,
conclusions, and recommendations of the
study to the legislature by December 1,
1994.\H* (Section 7 was vetoed by the\h
\Hgovernor.)\h
Sec. 8. PUBLIC SERVICE -0- (220,000)
This reduction is to the appropriation
in Laws 1993, chapter 369, section 11,
subdivision 5, for transfer to the
energy and conservation account under
Minnesota Statutes, section 216B.241,
subdivision 2a, for programs
administered by the commissioner of
jobs and training to improve the energy
efficiency of residential LP gas
heating equipment in low-income
households, and when necessary, to
provide weatherization services to the
homes.
Sec. 9. MINNESOTA WORLD TRADE
CENTER CORPORATION 78,000 111,000
The appropriation for the first year is
from the balance reduction in the
export finance working capital account
under Minnesota Statutes, section
116J.9673, subdivision 4. The
appropriation for the second year is
not available unless matched $1 for
every $2 of the state appropriation by
the St. Paul business community.
The appropriation is for the purposes
of paying the accrued debt of the World
Trade Center Corporation.
Sec. 10. MINNESOTA HISTORICAL
SOCIETY -0- 150,000
(a) Archaeology 50,000
This appropriation is for the state
archaeology function and purpose.
(b) Museum of the National Guard 25,000
This appropriation is for a
contribution from the state to the
Museum of the National Guard in
Washington D.C.\H* (The preceding\h
\Hparagraphs beginning "(b)" were vetoed\h
\Hby the governor.)\h
(c) Grand Meadow Chert Quarry 35,000
This appropriation is for a grant to
the Mower county historical society for
acquisition of the historic Grand
Meadow chert quarry.\H* (The preceding\h
\Hparagraphs beginning "(c)" were vetoed\h
\Hby the governor.)\h
(d) Minnesota Transportation Museum 10,000
This appropriation is for restoration
of a president's conference committee
street car, and must be matched on a
one-for-one basis from private sources,
including in-kind contributions.\H* (The\h
\Hpreceding paragraphs beginning "(d)"\h
\Hwere vetoed by the governor.)\h
(e) St. Anthony Falls Area 60,000
Of this appropriation, $35,000 is for a
grant to the Minneapolis parks and
recreation board, to be used by the
board as a grant to further develop the
great river road project in the central
Mississippi riverfront park. A grant
made by the board from this
appropriation is not subject to the
matching requirements of Minnesota
Statutes, section 138.766. Of this
appropriation, $25,000 is for a grant
to the St. Anthony Falls heritage board
for board operating costs.\H* (The\h
\Hpreceding paragraphs beginning "(e)"\h
\Hwere vetoed by the governor.)\h
(f) Hinckley Fire Museum 10,000
This appropriation is for a grant to
the Pine county historical society for
renovation of the Hinckley fire museum.
(g) Kee Theatre 10,000
This appropriation is for a grant for
the restoration of the Kee theatre in
Kiester.
(h) Cloquet-Moose Lake Forest Fire Center (50,000)
The appropriation in Laws 1993, chapter
369, section 12, subdivision 6,
paragraph (g), is canceled.
Sec. 11. BOARD OF THE ARTS -0- 115,000
This appropriation is for a grant to
the city of Minneapolis for capital
improvements to the Hennepin center for
the arts. The city may give this money
as a grant to the governing body of the
Hennepin center for the arts.\H* (Section\h
\H11 was vetoed by the governor.)\h
Sec. 12. COUNCIL ON AFFAIRS OF
SPANISH SPEAKING PEOPLE -0- 10,000
This appropriation is for (1) making
the position of the council's
ombudsperson for families a full-time
position, and (2) statewide outreach.
The council shall report to the
legislature by February 1, 1995, on the
results and effects of the statewide
outreach.
Sec. 13. COUNCIL ON BLACK
MINNESOTANS -0- 10,000
This appropriation is for (1) making
the position of the council's
ombudsperson for families a full-time
position, and (2) statewide outreach.
The council shall report to the
legislature by February 1, 1995, on the
results and effects of the statewide
outreach.
Sec. 14. COUNCIL ON ASIAN-PACIFIC
MINNESOTANS -0- 10,000
This appropriation is for (1) making
the position of the council's
ombudsperson for families a full-time
position, and (2) statewide outreach.
The council shall report to the
legislature by February 1, 1995, on the
results and effects of the statewide
outreach.
Sec. 15. INDIAN AFFAIRS COUNCIL -0- 10,000
This appropriation is for (1) making
the position of the council's
ombudsperson for families a full-time
position, and (2) statewide outreach.
The council shall report to the
legislature by February 1, 1995, on the
results and effects of the statewide
outreach.
Sec. 16. [STUDY; WOMEN-OWNED BUSINESSES.]
The commissioner of trade and economic development, in
consultation with the commissioner of commerce, shall conduct a
study of the status of women-owned businesses in Minnesota. The
commissioner shall:
(1) identify and compile information on trends in women
business ownership and trends in the size of women-owned
businesses;
(2) identify the distribution of women-owned businesses by
industry and the demographic profile of women business owners;
(3) identify the current and prospective needs of
women-owned businesses for all types of credit and capital,
including start-up capital, expansion capital, and working
capital, considering the number and type of women-owned
businesses and the rate of formation of women-owned businesses;
(4) identify and document the availability of all types of
credit and financing for women-owned businesses;
(5) describe any barriers that exist that limit women-owned
businesses' access to capital and credit;
(6) examine and document the use of publicly funded capital
subsidy programs by women-owned businesses, including business
loan and grant programs, interest subsidy programs, and loan
insurance and loan guarantee programs;
(7) evaluate the effectiveness of the community
reinvestment act in Minnesota as one method of addressing the
credit needs of women-owned businesses;
(8) compare the relative access to credit of women-owned
businesses in Minnesota and women-owned businesses in other
states or regions;
(9) provide recommendations to improve, as necessary,
access to credit by, and the availability of credit for,
women-owned businesses;
(10) identify the level of participation by women-owned
businesses in state procurement programs; and
(11) identify the barriers, by industry, which inhibit the
ability of women to compete for and obtain contracts.
The commissioner shall use the most current and reliable
information available, including information the commissioner
obtains through a survey of Minnesota's women-owned
corporations, partnerships, limited liability companies, and
sole proprietorships. Any state agency with information or
expertise required for the study shall cooperate by supplying
data or assistance as requested by the commissioner. The
commissioner shall prepare a report summarizing the findings and
recommendations and present it to the legislature by January 30,
1995.
Sec. 17. [MICRO BUSINESS LOANS.]
The commissioner of trade and economic development shall
evaluate ways to encourage micro business loans for small
start-up businesses. The commissioner shall report to the
legislature as part of the biennial budget process on ways to
meet the capital needs of small start-up businesses, including
proposed measures of the effectiveness of these loans.
Sec. 18. Minnesota Statutes 1993 Supplement, 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, after a public hearing, amend
a comprehensive use plan for the capitol area, called the area
in this subdivision, which consists of that portion of the city
of Saint Paul comprehended within the following boundaries:
Beginning at the point of intersection of the center line of the
Arch-Pennsylvania freeway and the center line of Marion Street,
thence southerly along the center line 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
center line of the intersection of Old Kellogg Boulevard and
Summit Avenue, thence northeasterly along the center line of
Summit Avenue 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 center line of Tenth Street,
thence northeasterly along the center line of Tenth Street to
the center line of Minnesota Street, thence northwesterly along
the center line of Minnesota Street to the center line of
Eleventh Street, thence northeasterly along the center line of
Eleventh Street to the center line of Jackson Street, thence
northwesterly along the center line of Jackson Street to the
center line of the Arch-Pennsylvania freeway extended, thence
westerly along the center line 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 1998, at the site recommended by the
board, the boundaries of the capitol area revert to their
configuration as of 1992.
Under the comprehensive plan, or a portion of it, the board
may regulate, by means of zoning rules adopted 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 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 it requests reports for its
planning purpose.
(c) No public building, street, parking lot, or monument,
or other construction may be built or altered on any public
lands within the area unless the plans for the project conform
to the comprehensive use plan as specified in paragraph (d) and
to the requirement for competitive plans as specified in
paragraph (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 paragraph (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 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, open spaces, monuments,
and other memorials; vehicular and pedestrian circulation;
utilities systems; vehicular storage; elements of landscape
architecture. No substantial alteration or improvement may be
made to public lands or buildings in the area without 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 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. A competition 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 become the property
of the state of Minnesota, and the board may award one or more
premiums in each competition and may pay the costs and fees that
may be required for its conduct. At the option of the board,
plans for projects estimated to cost less than $1,000,000 may be
approved without competition provided the plans have been
considered by the advisory committee described in paragraph
(h). 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) Notwithstanding paragraph (e), an architectural
competition is not required for the design of any light rail
transit station and alignment within the capitol area. The
board and its advisory committee shall select a preliminary
design for any transit station in the capitol area. Each stage
of any station's design through working drawings must be
reviewed by the board's advisory committee and approved by the
board to ensure that the station's design is compatible with the
comprehensive plan for the capitol area and the board's design
criteria. The guideway and track design of any light rail
transit alignment within the capitol area must also be reviewed
by the board's advisory committee and approved by the board.
(g) Of the amount available for the light rail transit
design, adequate funds must be available to the board for design
framework studies and review of preliminary plans for light rail
transit alignment and stations in the capitol area.
(h) The board may not adopt any plan under 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 may not be contestants
under paragraph (e). The comments and criticism must be a
matter of public information. The committee shall advise the
board on all architectural and planning matters. For that
purpose, the committee 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 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 data prepared by any public employee or
agency must be filed with the board promptly upon completion.
The board may employ stenographic or technical help that
may be reasonable to assist the committee to perform its duties.
When so directed by the board, the committee may serve as,
and any member or members of the committee may serve on, the
jury or as professional advisor for any architectural
competition, and the board shall select the architectural
advisor and jurors for any competition with the advice of the
committee.
The city of Saint Paul shall advise the board.
(i) The comprehensive plan for the area must be developed
and maintained in close cooperation with the commissioner of
trade and economic development, the planning department and the
council for the city of Saint Paul, and the board of the arts,
and no plan or amendment 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 and without a public hearing with
opportunity for public testimony.
(j) 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. 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 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 do not apply to
this paragraph.
(k) 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. The board
shall report any changes to the comprehensive plan adopted by
the board to the committee on governmental operations and
gambling of the house of representatives and the committee on
governmental operations and reform of the senate and upon
request shall provide testimony concerning the changes. The
board shall also provide testimony to the legislature on
proposals for memorials in the capitol area as to their
compatibility with the standards, policies, and objectives of
the comprehensive plan.
(l) 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 may also acquire an interest less than a
fee simple interest in the property, if it finds that the
property is needed for future expansion or beautification of the
area.
(m) 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 amendments to it.
(n) The board shall meet at the call of the chair and at
such other times as it may prescribe.
(o) The commissioner of administration shall assign
quarters in the state veterans service building to (1) the
department of veterans affairs, of which a part that the
commissioner of administration and commissioner of veterans
affairs may mutually determine 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
other state departments and agencies as the commissioner may
deem desirable.
Sec. 19. Minnesota Statutes 1993 Supplement, section
16B.06, subdivision 2a, is amended to read:
Subd. 2a. [EXCEPTION.] The requirements of subdivision 2
do not apply to state contracts of the department of jobs and
training distributing state and federal funds for the purpose of
subcontracting the provision of program services to eligible
recipients. For these contracts, the commissioner of jobs and
training is authorized to directly enter into state contracts
and encumber available funds. For 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 Minnesota Statutes, sections
268.977, 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 of jobs and training shall adopt internal
procedures to administer and monitor funds distributed under
these contracts.
Sec. 20. Minnesota Statutes 1993 Supplement, section
16B.08, subdivision 7, is amended to read:
Subd. 7. [SPECIFIC PURCHASES.] (a) The following may be
purchased without regard to the competitive bidding requirements
of this chapter:
(1) merchandise for resale at state park refectories or
facility operations;
(2) farm and garden products, which may be sold at the
prevailing market price on the date of the sale;
(3) meat for other state institutions from the technical
college maintained at Pipestone by independent school district
No. 583; and
(4) products and services from the Minnesota correctional
facilities.
(b) Supplies, materials, equipment, and utility services
for use by a community-based residential facility operated by
the commissioner of human services may be purchased or rented
without regard to the competitive bidding requirements of this
chapter.
(c) Supplies, materials, or equipment to be used in the
operation of a hospital licensed under sections 144.50 to 144.56
that are purchased under a shared service purchasing arrangement
whereby more than one hospital purchases supplies, materials, or
equipment with one or more other hospitals, either through one
of the hospitals or through another entity, may be purchased
without regard to the competitive bidding requirements of this
chapter if the following conditions are met:
(1) the hospital's governing authority authorizes the
arrangement;
(2) the shared services purchasing program purchases items
available from more than one source on the basis of competitive
bids or competitive quotations of prices; and
(3) the arrangement authorizes the hospital's governing
authority or its representatives to review the purchasing
procedures to determine compliance with these requirements.
(d) Supplies, materials, equipment, and utility services to
be used or purchased by the iron range resources and
rehabilitation board are subject to the competitive bidding
requirements of this chapter only as described in section
298.2211, subdivision 3a.
Sec. 21. Minnesota Statutes 1993 Supplement, section
44A.025, is amended to read:
44A.025 [DUTIES.]
The board shall:
(1) promote and market the Minnesota world trade
center corporation;
(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) conduct public relations, marketing, and liaison
activities between the corporation, the Minnesota trade office,
and the international business community;
(5) establish and maintain an office in the Minnesota world
trade center; and
(6) not duplicate programs or services provided by the
commissioner of trade and economic development, the Minnesota
trade division, or the commissioner of agriculture; and
(7) enter into administrative, programming, and service
partnerships with the commissioner of trade and economic
development.
Sec. 22. Minnesota Statutes 1992, section 44A.0311, is
amended to read:
44A.0311 [WORLD TRADE CENTER CORPORATION ACCOUNT.]
The world trade center corporation account is in the
special revenue fund. All money received by the corporation,
including money generated from the use of the conference and
service center, except money generated from the use of the
center by the Minnesota trade division and by the sale of the
assets or ownership of the corporation under section 44A.12,
must be deposited in the account. Money in the account
including interest earned is appropriated to the board and must
be used exclusively for corporation purposes. Any money
remaining in the account after sale of the assets or ownership
of the corporation under section 44A.12 shall revert to the
general fund.
Sec. 23. Minnesota Statutes 1992, section 60A.14,
subdivision 1, is amended to read:
Subdivision 1. [FEES OTHER THAN EXAMINATION FEES.] In
addition to the fees and charges provided for examinations, the
following fees must be paid to the commissioner for deposit in
the general fund:
(a) by township mutual fire insurance companies:
(1) for filing certificate of incorporation $25 and
amendments thereto, $10;
(2) for filing annual statements, $15;
(3) for each annual certificate of authority, $15;
(4) for filing bylaws $25 and amendments thereto, $10.
(b) by other domestic and foreign companies including
fraternals and reciprocal exchanges:
(1) for filing certified copy of certificate of articles of
incorporation, $100;
(2) for filing annual statement, $225;
(3) for filing certified copy of amendment to certificate
or articles of incorporation, $100;
(4) for filing bylaws, $75 or amendments thereto, $75;
(5) for each company's certificate of authority, $575,
annually.
(c) the following general fees apply:
(1) for each certificate, including certified copy of
certificate of authority, renewal, valuation of life policies,
corporate condition or qualification, $25;
(2) for each copy of paper on file in the commissioner's
office 50 cents per page, and $2.50 for certifying the same;
(3) for license to procure insurance in unadmitted foreign
companies, $575;
(4) for receiving and forwarding each notice, proof of
loss, summons, complaint or other process served upon the
commissioner of commerce, as attorney for service of process
upon any nonresident agent or insurance company, including
reciprocal exchanges, $15 plus the cost of effectuating service
by certified mail, which amount must be paid by the party
serving the notice and may be taxed as other costs in the
action;
(5) for valuing the policies of life insurance companies,
one cent per $1,000 of insurance so valued, provided that the
fee shall not exceed $13,000 per year for any company. The
commissioner may, in lieu of a valuation of the policies of any
foreign life insurance company admitted, or applying for
admission, to do business in this state, accept a certificate of
valuation from the company's own actuary or from the
commissioner of insurance of the state or territory in which the
company is domiciled;
(6) (5) for receiving and filing certificates of policies
by the company's actuary, or by the commissioner of insurance of
any other state or territory, $50;
(7) for issuing an initial license to an individual agent,
$30 per license, for issuing an initial agent's license to a
partnership or corporation, $100, and for issuing an amendment
(variable annuity) to a license, $50, and for renewal of
amendment, $25;
(8) (6) for each appointment of an agent filed with the
commissioner, a domestic insurer shall remit $5 and all other
insurers shall remit $3;
(9) for renewing an individual agent's license, $30 per
year per license, and for renewing a license issued to a
corporation or partnership, $60 per year;
(10) for issuing and renewing a surplus lines agent's
license, $250;
(11) for issuing duplicate licenses, $10;
(12) for issuing licensing histories, $20;
(13) (7) for filing forms and rates, $50 per filing;
(14) (8) for annual renewal of surplus lines insurer
license, $300.
The commissioner shall adopt rules to define filings that
are subject to a fee.
Sec. 24. Minnesota Statutes 1992, section 60A.19,
subdivision 4, is amended to read:
Subd. 4. [FEES SERVICE OF PROCESS.] The commissioner shall
be entitled to charge and receive a fee prescribed by section
60A.14, subdivision 1, paragraph (c), clause (4), for each
notice, proof of loss, summons, or other process served under
the provisions of this subdivision and subdivision 3, to be paid
by the persons serving the same. The service of process
authorized by this section shall be made in compliance with
section 45.028, subdivision 2.
Sec. 25. Minnesota Statutes 1993 Supplement, section
60A.198, subdivision 3, is amended to read:
Subd. 3. [PROCEDURE FOR OBTAINING LICENSE.] A person
licensed as an agent in this state pursuant to other law may
obtain a surplus lines license by doing the following:
(a) filing an application in the form and with the
information the commissioner may reasonably require to determine
the ability of the applicant to act in accordance with sections
60A.195 to 60A.209;
(b) maintaining an agent's license in this state;
(c) delivering to the commissioner a financial guarantee
bond from a surety acceptable to the commissioner for the
greater of the following:
(1) $5,000; or
(2) the largest semiannual surplus lines premium tax
liability incurred by the applicant in the immediately preceding
five years; and
(d) agreeing to file with the commissioner of revenue no
later than February 15 and August 15 annually, a sworn statement
of the charges for insurance procured or placed and the amounts
returned on the insurance canceled under the license for the
preceding six-month period ending December 31 and June 30
respectively, and at the time of the filing of this statement,
paying the commissioner a tax on premiums equal to three percent
of the total written premiums less cancellations;
(e) annually paying a fee as prescribed by section 60A.14
60K.06, subdivision 1 2, paragraph (c) (a), clause
(10) (4); and
(f) paying penalties imposed under section 289A.60,
subdivision 1, as it relates to withholding and sales or use
taxes, if the tax due under clause (d) is not timely paid.
Sec. 26. Minnesota Statutes 1992, section 60A.21,
subdivision 2, is amended to read:
Subd. 2. [SERVICE OF PROCESS UPON UNAUTHORIZED INSURER.]
(1) Any of the following acts in this state effected by mail or
otherwise by an unauthorized foreign or alien insurer: (a) the
issuance or delivery of contracts of insurance to residents of
this state or to corporations authorized to do business therein;
(b) the solicitation of applications for such contracts; (c) the
collection of premiums, membership fees, assessments, or other
considerations for such contracts; or (d) any other transaction
of insurance business, is equivalent to and shall constitute an
appointment by such insurer of the commissioner of commerce and
the commissioner's successor or successors in office to be its
true and lawful attorney upon whom may be served all lawful
process in any action, suit, or proceeding instituted by or on
behalf of an insured or beneficiary arising out of any such
contract of insurance and any such act shall be signification of
its agreement that such service of process is of the same legal
force and validity as personal service of process in this state
upon such insurer.
(2) Such service of process shall be made in compliance
with section 45.028, subdivision 2 and the payment of a filing
fee as prescribed by section 60A.14, subdivision 1, paragraph
(c), clause (4).
(3) Service of process in any such action, suit, or
proceeding shall in addition to the manner provided in clause
(2) of this subdivision be valid if served upon any person
within this state who, in this state on behalf of such insurer,
is: (a) soliciting insurance, or (b) making, issuing, or
delivering any contract of insurance, or (c) collecting or
receiving any premium, membership fee, assessment, or other
consideration for insurance; and if a copy of such process is
sent within ten days thereafter by certified mail by the
plaintiff or plaintiff's attorney to the defendant at the last
known principal place of business of the defendant and the
defendant's receipt, or the receipt issued by the post office
with which the letter is certified showing the name of the
sender of the letter and the name and address of the person to
whom the letter is addressed, and the affidavit of the plaintiff
or plaintiff's attorney showing a compliance herewith are filed
with the administrator of the court in which such action is
pending on or before the date the defendant is required to
appear or within such further time as the court may allow.
(4) No plaintiff or complainant shall be entitled to a
judgment by default under this subdivision until the expiration
of 30 days from the date of the filing of the affidavit of
compliance.
(5) Nothing in this subdivision contained shall limit or
abridge the right to serve any process, notice, or demand upon
any insurer in any other manner now or hereafter permitted by
law.
(6) The provisions of this section shall not apply to
surplus line insurance lawfully effectuated under Minnesota law,
or to reinsurance, nor to any action or proceeding against an
unauthorized insurer arising out of:
(a) Wet marine and transportation insurance;
(b) Insurance on or with respect to subjects located,
resident, or to be performed wholly outside this state, or on or
with respect to vehicles or aircraft owned and principally
garaged outside this state;
(c) Insurance on property or operations of railroads
engaged in interstate commerce; or
(d) Insurance on aircraft or cargo of such aircraft, or
against liability, other than employer's liability, arising out
of the ownership, maintenance, or use of such aircraft, where
the policy or contract contains a provision designating the
commissioner as its attorney for the acceptance of service of
lawful process in any action or proceeding instituted by or on
behalf of an insured or beneficiary arising out of any such
policy, or where the insurer enters a general appearance in any
such action.
Sec. 27. Minnesota Statutes 1992, section 60K.03,
subdivision 1, is amended to read:
Subdivision 1. [PROCEDURE.] An application for a license
to act as an insurance agent shall be made to the commissioner
by the person who seeks to be licensed. The application for
license shall be accompanied by a written appointment from an
admitted insurer authorizing the applicant to act as its agent
under one or both classes of license. The insurer must also
submit its check payable to the state treasurer for the amount
of the appointment fee prescribed by section 60A.14, subdivision
1, paragraph (c), clause (9) (6), at the time the agent becomes
licensed. The application and appointment must be on forms
prescribed by the commissioner.
If the applicant is a natural person, no license shall be
issued until that natural person has become qualified.
If the applicant is a partnership or corporation, no
license shall be issued until at least one natural person who is
a partner, director, officer, stockholder, or employee shall be
licensed as an insurance agent.
Sec. 28. Minnesota Statutes 1992, section 60K.03,
subdivision 5, is amended to read:
Subd. 5. [SUBSEQUENT APPOINTMENTS.] A person who holds a
valid agent's license from this state may solicit applications
for insurance on behalf of an admitted insurer with which the
licensee does not have a valid appointment on file with the
commissioner; provided that the licensee has permission from the
insurer to solicit insurance on its behalf and, provided
further, that the insurer upon receipt of the application for
insurance submits a written notice of appointment to the
commissioner accompanied by its check payable to the state
treasurer in the amount of the appointment fee prescribed by
section 60A.14, subdivision 1, paragraph (c), clause (9) (6).
The notice of appointment must be on a form prescribed by the
commissioner.
Sec. 29. Minnesota Statutes 1992, section 60K.03,
subdivision 6, is amended to read:
Subd. 6. [AMENDMENT OF LICENSE.] An application to the
commissioner to amend a license to reflect a change of name, or
to include an additional class of license, or for any other
reason, shall be on forms provided by the commissioner and shall
be accompanied by the applicant's surrendered license and a
check payable to the state treasurer for the amount of fee
specified in section 60A.14 60K.06, subdivision 1 2,
paragraph (c) (a).
An applicant who surrenders an insurance license pursuant
to this subdivision retains licensed status until an amended
license is received.
Sec. 30. Minnesota Statutes 1992, section 60K.06, is
amended to read:
60K.06 [RENEWAL FEE FEES.]
Subdivision 1. [RENEWAL FEES.] (a) Each agent licensed
pursuant to section 60K.03 shall annually pay in accordance with
the procedure adopted by the commissioner a renewal fee as
prescribed by section 60A.14, subdivision 1, paragraph (c),
clause (10) 2.
(b) Every agent, corporation, limited liability company,
and partnership renewal license expires on October 31 of the
year for which period a license is issued is valid for a period
of 24 months. The commissioner may stagger the implementation
of the 24-month licensing program so that approximately one-half
of the licenses will expire on October 31 of each even-numbered
year and the other half on October 31 of each odd-numbered year.
Those licensees who will receive a 12-month license on November
1, 1994, because of the staggered implementation schedule, will
pay for the license a fee reduced by an amount equal to one-half
the fee for renewal of the license.
(c) Persons whose applications have been properly and
timely filed who have not received notice of denial of renewal
are approved for renewal and may continue to transact business
whether or not the renewed license has been received on or
before November 1. Applications for renewal of a license are
timely filed if received by the commissioner on or before
October 15 of the year due, on forms duly executed and
accompanied by appropriate fees. An application mailed is
considered timely filed if addressed to the commissioner, with
proper postage, and postmarked by October 15.
(d) The commissioner may issue licenses for agents,
corporations, or partnerships for a three-year period. If
three-year licenses are issued, the fee is three times the
annual license fee.
Subd. 2. [LICENSING FEES.] (a) In addition to the fees and
charges provided for examinations, each agent licensed pursuant
to section 60K.03 shall pay to the commissioner:
(1) a fee of $60 per license for an initial license issued
to an individual agent, and a fee of $60 for each renewal;
(2) a fee of $160 for an initial license issued to a
partnership, limited liability company, or corporation, and a
fee of $120 for each renewal;
(3) a fee of $75 for an initial amendment (variable
annuity) to a license, and a fee of $50 for each renewal;
(4) a fee of $500 for an initial surplus lines agent's
license, and a fee of $500 for each renewal;
(5) for issuing a duplicate license, $10; and
(6) for issuing licensing histories, $20.
(b) Persons whose applications have been properly and
timely filed who have not received notice of denial of renewal
are approved for renewal and may continue to transact business
whether or not the renewed license has been received on or
before November 1 of the renewal year. Applications for renewal
of a license are timely filed if received by the commissioner on
or before the 15th day preceding the license renewal date of the
applicant on forms duly executed and accompanied by appropriate
fees. An application mailed is considered timely filed if
addressed to the commissioner, with proper postage, and
postmarked on or before the 15th day preceding the licensing
renewal date of the applicant.
(c) Initial licenses issued under this section must be
valid for a period not to exceed two years. The commissioner
shall assign an expiration date to each initial license so that
approximately one-half of all licenses expire each year. Each
initial license must expire on October 31 of the expiration year
assigned by the commissioner.
(d) All fees shall be retained by the commissioner and are
nonreturnable, except that an overpayment of any fee must be
refunded upon proper application.
Subd. 3. [INITIAL LICENSE EXPIRATION; FEE REDUCTION.] If
an initial license issued under subdivision 2, paragraph (a),
expires less than 12 months after issuance, the license fee must
be reduced by an amount equal to one-half the fee for a renewal
of the license.
Sec. 31. Minnesota Statutes 1992, section 60K.19,
subdivision 8, is amended to read:
Subd. 8. [MINIMUM EDUCATION REQUIREMENT.] Each person
subject to this section shall complete annually a minimum of 15
30 credit hours of courses accredited by the commissioner during
each 24-month licensing period after the expiration of his or
her initial licensing period. At least 15 of the 30 credit
hours must be completed during the first 12 months of the
24-month licensing period. Any person whose initial licensing
period extends more than six months shall complete 15 hours of
courses accredited by the commissioner during the initial
license period. Any person teaching or lecturing at an
accredited course qualifies for 1-1/2 times the number of credit
hours that would be granted to a person completing the
accredited course. No more than 7-1/2 15 credit hours per year
licensing period may be credited to a person for courses
sponsored by, offered by, or affiliated with an insurance
company or its agents. Continuing education must be earned no
later than September 30 of the renewal year. Courses sponsored
by, offered by, or affiliated with an insurance company or agent
may restrict its students to agents of the company or agency.
Sec. 32. Minnesota Statutes 1992, section 82.20,
subdivision 7, is amended to read:
Subd. 7. [EFFECTIVE DATE OF LICENSE.] Every license issued
Licenses renewed pursuant to this chapter shall expire on the
June 30 next following the issuance of said license. are valid
for a period of 24 months. New licenses issued during a
24-month licensing period will expire on June 30 of the
expiration year assigned to the license. Implementation of the
24-month licensing program must be staggered so that
approximately one-half of the licenses will expire on June 30 of
each even-numbered year and the other one-half on June 30 of
each odd-numbered year. Those licensees who will receive a
12-month license on July 1, 1995, because of the staggered
implementation schedule will pay for the license a fee reduced
by an amount equal to one-half the fee for renewal of the
license.
Sec. 33. Minnesota Statutes 1992, section 82.20,
subdivision 8, is amended to read:
Subd. 8. [RENEWALS.] (a) Persons whose applications have
been properly and timely filed who have not received notice of
denial of renewal are deemed to have been approved for renewal
and may continue to transact business either as a real estate
broker, salesperson, or closing agent whether or not the renewed
license has been received on or before July 1 of the renewal
year. Application for renewal of a license shall be deemed to
have been timely filed if received by the commissioner by, or
mailed with proper postage and postmarked by, June 15 in each of
the renewal year. Applications for renewal shall be deemed
properly filed if made upon forms duly executed and sworn to,
accompanied by fees prescribed by this chapter and contain any
information which the commissioner may require.
(b) Persons who have failed to make a timely application
for renewal of a license and who have not received the renewal
license as of July 1 of the renewal year, shall be unlicensed
until such time as the license has been issued by the
commissioner and is received.
Sec. 34. Minnesota Statutes 1993 Supplement, section
82.21, subdivision 1, is amended to read:
Subdivision 1. [AMOUNTS.] The following fees shall be paid
to the commissioner:
(a) A fee of $100 per year $150 for each initial individual
broker's license, and a fee of $50 per year $100 for each
renewal thereof;
(b) A fee of $50 per year $70 for each initial
salesperson's license, and a fee of $20 per year $40 for each
renewal thereof;
(c) A fee of $55 per year $85 for each initial real estate
closing agent license, and a fee of $30 per year $60 for each
renewal thereof;
(d) A fee of $100 per year $150 for each initial corporate,
limited liability company, or partnership license, and a fee of
$50 per year $100 for each renewal thereof;
(e) A fee of $40 per year for payment to the education,
research and recovery fund in accordance with section 82.34;
(f) A fee of $20 for each transfer;
(g) A fee of $50 for a corporation, limited liability
company, or partnership name change;
(h) A fee of $10 for an agent name change;
(i) A fee of $20 for a license history;
(j) A fee of $10 for a duplicate license;
(k) A fee of $50 for license reinstatement;
(l) A fee of $20 for reactivating a corporate, limited
liability company, or partnership license without land;
(m) A fee of $100 for course coordinator approval; and
(n) A fee of $20 for each hour or fraction of one hour of
course approval sought.
Sec. 35. Minnesota Statutes 1992, section 82.21, is
amended by adding a subdivision to read:
Subd. 4. [INITIAL LICENSE EXPIRATION; FEE REDUCTION.] If
an initial license issued under subdivision 1, paragraph (a),
(b), (c), or (d) expires less than 12 months after issuance, the
license fee shall be reduced by an amount equal to one-half the
fee for a renewal of the license.
Sec. 36. Minnesota Statutes 1993 Supplement, section
82.22, subdivision 6, is amended to read:
Subd. 6. [INSTRUCTION; NEW LICENSES.] (a) Every applicant
for a salesperson's license shall be required to successfully
complete a course of study in the real estate field consisting
of 30 hours of instruction approved by the commissioner before
taking the examination specified in subdivision 1. Every
applicant for a salesperson's license shall be required to
successfully complete an additional course of study in the real
estate field consisting of 60 hours of instruction approved by
the commissioner, of which three hours shall consist of training
in state and federal fair housing laws, regulations, and
rules, and of which two hours must consist of training in laws
and regulations on agency representation and disclosure, before
filing an application for the license. Every salesperson shall,
within one year of licensure, be required to successfully
complete a course of study in the real estate field consisting
of 30 hours of instruction approved by the commissioner.
(b) The commissioner may approve courses of study in the
real estate field offered in educational institutions of higher
learning in this state or courses of study in the real estate
field developed by and offered under the auspices of the
national association of realtors, its affiliates, or private
real estate schools. The commissioner shall not approve any
course offered by, sponsored by, or affiliated with any person
or company licensed to engage in the real estate business. The
commissioner may by rule prescribe the curriculum and
qualification of those employed as instructors.
(c) An applicant for a broker's license must successfully
complete a course of study in the real estate field consisting
of 30 hours of instruction approved by the commissioner, of
which three hours shall consist of training in state and federal
fair housing laws, regulations, and rules. The course must have
been completed within six months prior to the date of
application for the broker's license.
(d) An applicant for a real estate closing agent's license
must successfully complete a course of study relating to closing
services consisting of eight hours of instruction approved by
the commissioner.
Sec. 37. Minnesota Statutes 1993 Supplement, section
82.22, subdivision 13, is amended to read:
Subd. 13. [CONTINUING EDUCATION.] (a) After their first
renewal date, all real estate salespersons and all real estate
brokers shall be required to successfully complete 15 30 hours
of real estate continuing education, either as a student or a
lecturer, in courses of study approved by the commissioner, each
year after their initial annual renewal date or after the
expiration of their currently assigned three year continuing
education due date during each 24-month license period. At
least 15 of the 30 credit hours must be completed during the
first 12 months of the 24-month licensing period. Salespersons
and brokers whose initial license period extends more than 12
months are required to complete 15 hours of real estate
continuing education during the initial license period. All
salespersons and brokers shall report continuing education on an
annual basis must be earned no later than May 31 of the renewal
year. Hours in excess of 15 earned in any one year may be
carried forward to the following year. Those licensees who will
receive a 12-month license on July 1, 1995, because of the
staggered implementation schedule must complete 15 hours of real
estate continuing education as a requirement for renewal on July
1, 1996.
(b) The commissioner shall adopt rules defining the
standards for course and instructor approval, and may adopt
rules for the proper administration of this subdivision.
(c) Any program approved by Minnesota continuing legal
education shall be approved by the commissioner of commerce for
continuing education for real estate brokers and salespeople if
the program or any part thereof relates to real estate.
(d) As part of the continuing education requirements of
this section, the commissioner shall require that all real
estate brokers and salespersons receive:
(1) at least two hours of training every year during each
license period in courses in laws or regulations on agency
representation and disclosure; and
(2) at least two hours of training every even-numbered year
during each license period in courses in state and federal fair
housing laws, regulations, and rules, or other
antidiscrimination laws.
Clause (1) does not apply to real estate salespersons and
real estate brokers engaged solely in the commercial real estate
business who file with the commissioner a verification of this
status on an annual basis no later than May 31 as part of the
annual report along with the continuing education report
required under paragraph (a).
Sec. 38. Minnesota Statutes 1993 Supplement, section
82.34, subdivision 3, is amended to read:
Subd. 3. [FEE FOR REAL ESTATE FUND.] Each real estate
broker, real estate salesperson, and real estate closing agent
entitled under this chapter to renew a license shall pay in
addition to the appropriate renewal fee a further fee of $25 per
year $50 per licensing period which shall be credited to the
real estate education, research, and recovery fund. Any person
who receives an initial license shall pay the fee of $50, in
addition to all other fees payable, a fee of $75 if the license
expires more than 12 months after issuance, $50 if the license
expires less than 12 months after issuance.
Sec. 39. Minnesota Statutes 1992, section 82B.08,
subdivision 4, is amended to read:
Subd. 4. [EFFECTIVE DATE OF LICENSE.] A license Initial
licenses issued under this chapter expires on the August 31 next
following the issuance of the license are valid for a period not
to exceed two years. The commissioner shall assign an
expiration date to each initial license so that approximately
one-half of all licenses expire each year. Each initial license
must expire on August 31 of the expiration year assigned by the
commissioner.
Sec. 40. Minnesota Statutes 1992, section 82B.08,
subdivision 5, is amended to read:
Subd. 5. [RENEWALS.] (a) Licenses renewed under this
chapter are valid for a period of 24 months. Persons whose
applications have been properly and timely filed who have not
received notice of denial of renewal are considered to have been
approved for renewal and may continue to transact business as a
real estate appraiser whether or not the renewed license has
been received on or before September 1 of the renewal year.
Application for renewal of a license is considered to have been
timely filed if received by the commissioner by, or mailed with
proper postage and postmarked by, August 1 in each of the
renewal year. Applications for renewal are considered properly
filed if made upon forms duly executed and sworn to, accompanied
by fees prescribed by this chapter and containing information
the commissioner requires.
(b) Persons who have failed to make a timely application
for renewal of a license and who have not received the renewal
license as of September 1 of the renewal year are unlicensed
until the time the license has been issued by the commissioner
and is received.
Sec. 41. Minnesota Statutes 1992, section 82B.09,
subdivision 1, is amended to read:
Subdivision 1. [AMOUNTS.] The following fees must be paid
to the commissioner:
(1) a fee of $100 for each initial individual real estate
appraiser's license: $150 if the license expires more than 12
months after issuance, $100 if the license expires less than 12
months after issuance; and a fee of $50 $100 for each annual
renewal;
(2) a fee of $10 for a change in personal name or trade
name or personal address or business location;
(3) a fee of $10 for a license history;
(4) a fee of $25 for a duplicate license;
(5) a fee of $100 for appraiser course coordinator
approval; and
(6) a fee of $10 for each hour or fraction of one hour of
course approval sought.
Sec. 42. Minnesota Statutes 1992, section 82B.19,
subdivision 1, is amended to read:
Subdivision 1. [LICENSE RENEWALS.] A licensed real estate
appraiser shall present evidence satisfactory to the
commissioner of having met the continuing education requirements
of this chapter before the commissioner renews a license.
The basic continuing education requirement for renewal of a
license is the completion by the applicant either as a student
or as an instructor, during the immediately preceding term of
licensing, of at least 15 30 classroom hours per year, of
instruction in courses or seminars that have received the
approval of the commissioner. If the applicant's immediately
preceding term of licensing consisted of 12 or more months, but
fewer than 24 months, the applicant must provide evidence of
completion of 15 hours of instruction during the license
period. If the immediately preceding term of licensing
consisted of fewer than 12 months, no continuing education need
be reported.
Sec. 43. Minnesota Statutes 1992, section 83.25, is
amended to read:
83.25 [LICENSE REQUIRED.]
Subdivision 1. No person shall offer or sell in this state
any interest in subdivided lands without having obtained:
(1) a license under chapter 82; and
(2) an additional license to offer or dispose of
subdivided lands. This license may be obtained by submitting an
application in writing to the commissioner upon forms prepared
and furnished by the commissioner. Each application shall be
signed and sworn to by the applicant and accompanied by a
license fee of $10 per year. The commissioner may also require
an additional examination for this license.
Subd. 2. Every license issued pursuant to this section
expires on June 30 following the date of issuance. It may must
be renewed, transferred, suspended, revoked or denied in the
same manner as provided in chapter 82 for licenses issued
pursuant to that chapter.
Subd. 3. This section does not apply to persons offering
or disposing of interests in subdivided lands which are
registered as securities pursuant to chapter 80A.
Sec. 44. Minnesota Statutes 1993 Supplement, section
115C.09, subdivision 1, is amended to read:
Subdivision 1. [REIMBURSABLE COSTS.] (a) The board shall
provide partial reimbursement to eligible responsible persons
for reimbursable costs incurred after June 4, 1987.
(b) The following costs are reimbursable for purposes of
this section:
(1) corrective action costs incurred by the responsible
person and documented in a form prescribed by the board, except
the costs related to the physical removal of a tank;
(2) costs that the responsible person is legally obligated
to pay as damages to third parties for bodily injury or,
property damage, or corrective action costs incurred by a third
party caused by a release if where the responsible person's
liability for the costs has been established by a court order or
a, consent decree, or a court-approved stipulation of settlement
approved before the effective date of this section for which the
responsible party has assigned its rights to reimbursement under
this section to a third-party claimant; and
(3) up to 180 days worth of interest costs, incurred after
May 25, 1991, associated with the financing of corrective
action. Interest costs are not eligible for reimbursement to
the extent they exceed two percentage points above the adjusted
prime rate charged by banks, as defined in section 270.75,
subdivision 5, at the time the financing contract was executed.
(c) A cost for liability to a third party is incurred by
the responsible person when an order or consent decree
establishing the liability is entered. Except as provided in
this paragraph, reimbursement may not be made for costs of
liability to third parties until all eligible corrective action
costs have been reimbursed. If a corrective action is expected
to continue in operation for more than one year after it has
been fully constructed or installed, the board may estimate the
future expense of completing the corrective action and, after
subtracting this estimate from the total reimbursement available
under subdivision 3, reimburse the costs for liability to third
parties. The total reimbursement may not exceed the limit set
forth in subdivision 3.
Sec. 45. Minnesota Statutes 1993 Supplement, section
116J.966, subdivision 1, is amended to read:
Subdivision 1. [GENERALLY.] (a) The commissioner shall
promote, develop, and facilitate trade and foreign investment in
Minnesota. In furtherance of these goals, and in addition to
the powers granted by section 116J.035, the commissioner may:
(1) locate, develop, and promote international markets for
Minnesota products and services;
(2) arrange and lead trade missions to countries with
promising international markets for Minnesota goods, technology,
services, and agricultural products;
(3) promote Minnesota products and services at domestic and
international trade shows;
(4) organize, promote, and present domestic and
international trade shows featuring Minnesota products and
services;
(5) host trade delegations and assist foreign traders in
contacting appropriate Minnesota businesses and investments;
(6) develop contacts with Minnesota businesses and gather
and provide information to assist them in locating and
communicating with international trading or joint venture
counterparts;
(7) provide information, education, and counseling services
to Minnesota businesses regarding the economic, commercial,
legal, and cultural contexts of international trade;
(8) provide Minnesota businesses with international trade
leads and information about the availability and sources of
services relating to international trade, such as export
financing, licensing, freight forwarding, international
advertising, translation, and custom brokering;
(9) locate, attract, and promote foreign direct investment
and business development in Minnesota to enhance employment
opportunities in Minnesota;
(10) provide foreign businesses and investors desiring to
locate facilities in Minnesota information regarding sources of
governmental, legal, real estate, financial, and business
services; and
(11) enter into contracts or other agreements with private
persons and public entities, including agreements to establish
and maintain offices and other types of representation in
foreign countries, to carry out the purposes of promoting
international trade and attracting investment from foreign
countries to Minnesota and to carry out this section, without
regard to sections 16B.07 and 16B.09;
(12) enter into administrative, programming, and service
partnerships with the Minnesota world trade center; and
(13) market trade-related materials to businesses and
organizations, and the proceeds of which must be placed in a
special revolving account and are appropriated to the
commissioner to prepare and distribute trade-related materials.
(b) The programs and activities of the commissioner of
trade and economic development and the Minnesota trade division
may not duplicate programs and activities of the commissioner of
agriculture or the Minnesota world trade center corporation.
(c) The commissioner shall notify the chairs of the senate
finance and house appropriations committees of each agreement
under this subdivision to establish and maintain an office or
other type of representation in a foreign country.
Sec. 46. Minnesota Statutes 1992, section 116J.9673,
subdivision 4, is amended to read:
Subd. 4. [WORKING CAPITAL ACCOUNT.] An export finance
authority working capital account is created as a special
account in the state treasury. All premiums and interest
collected under subdivision 3, clause (6), must be deposited
into this account. Fees collected must be credited to the
general fund. The balance in the account may exceed $918,000 on
June 30, 1994, and $1,000,000 on June 30 of each subsequent year
through accumulated earnings. Any balance in excess of $918,000
on June 30, 1994, and $1,000,000 on June 30 of every subsequent
year must be transferred to the general fund. Money in the
account including interest earned and appropriations made by the
legislature for the purposes of this section, is appropriated
annually to the finance authority for the purposes of this
section. The balance in the account may decline below $918,000
on June 30, 1994, and $1,000,000 on June 30 of each subsequent
year as required to pay defaults on guaranteed loans.
Sec. 47. Minnesota Statutes 1992, section 138.01,
subdivision 1, is amended to read:
Subdivision 1. For the purposes of Laws 1925, chapter 426,
the Minnesota state historical society shall be construed to be
an agency of the state government. All appropriations made to
the Minnesota historical society shall be subject to the charter
of the Minnesota historical society of 1849 and as amended in
1856.
Sec. 48. Minnesota Statutes 1992, section 138.34, is
amended to read:
138.34 [ADMINISTRATION OF THE ACT.]
The Minnesota historical society state archaeologist shall
act as the agency agent of the state to administer and enforce
the provisions of sections 138.31 to 138.42. Some enforcement
provisions are shared with the state archaeologist society.
Sec. 49. Minnesota Statutes 1992, section 138.35,
subdivision 1, is amended to read:
Subdivision 1. [APPOINTMENT.] The state archaeologist
shall be a professional archaeologist who is meets the United
States secretary of the interior's professional qualification
standards in Code of Federal Regulations, title 36, part 61,
appendix A. The state archaeologist shall be paid a salary in
the range of salaries paid to comparable state employees in the
classified service. The state archaeologist may not be employed
by the Minnesota historical society and. The state
archaeologist shall be appointed by the board of the Minnesota
historical society in consultation with the Indian affairs
council for a four-year term.
Sec. 50. Minnesota Statutes 1992, section 138.38, is
amended to read:
138.38 [REPORTS OF STATE ARCHAEOLOGIST.]
The state archaeologist shall consult with and keep the
Indian affairs council and the director of the historical
society informed as to significant field archaeology, projected
or in progress, and as to significant discoveries made.
Annually, and also upon leaving office, the state archaeologist
shall file with the Indian affairs council and the director of
the historical society a full report of the office's activities
including a summary of the activities of licensees, from the
effective date hereof or from the date of the last full report
of the state archaeologist.
Sec. 51. Minnesota Statutes 1992, section 138.40,
subdivision 3, is amended to read:
Subd. 3. When significant archaeological or historic sites
are known or suspected to exist on public lands or waters, the
agency or department controlling said lands or waters shall
submit construction or development plans to the state
archaeologist and the director of the society for review prior
to the time bids are advertised. The state archaeologist and
the society shall promptly review such plans and make
recommendations for the preservation of archaeological or
historic sites which may be endangered by construction or
development activities. When archaeological or historic sites
are related to Indian history or religion, the state
archaeologist shall submit the plans to the Indian affairs
council must be afforded the opportunity to for the council's
review and recommend action.
Sec. 52. Minnesota Statutes 1993 Supplement, section
138.763, subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP.] There is a St. Anthony Falls
heritage board consisting of 17 19 members with the director of
the Minnesota historical society as chair. The members include
the mayor, the chair of the Hennepin county board of
commissioners or the chair's designee, the president of the
Minneapolis park and recreation board or the president's
designee, the superintendent of the park board, two members each
from the house of representatives appointed by the speaker, the
senate appointed by the rules committee, the city council, the
Hennepin county board, and the park board, and one each from the
preservation commission, the preservation office, Hennepin
county historical society, and the society.
Sec. 53. Minnesota Statutes 1992, section 138.94, is
amended by adding a subdivision to read:
Subd. 3. [CONTRACTUAL SERVICES.] The society may contract
with existing state departments and agencies or other entities
for materials and services as may be necessary for the history
center.
Sec. 54. Minnesota Statutes 1992, section 154.11,
subdivision 1, is amended to read:
Subdivision 1. [EXAMINATION OF NONRESIDENTS.] A person who
meets all of the requirements for licensure in this chapter and
either has a license, certificate of registration, or an
equivalent as a practicing barber or instructor of barbering
from another state or country which in the discretion of the
board has substantially the same requirements for licensing or
registering barbers and instructors of barbering as required by
this chapter or can prove by sworn affidavits practice as a
barber or instructor of barbering in another state or country
for at least five years immediately prior to making application
in this state, shall, upon payment of the required fee, be
called by the board for issued a certificate of registration
without examination to determine fitness to receive a
certificate of registration to practice barbering or to instruct
in barbering, provided that the other state or country grants
the same privileges to holders of Minnesota certificates of
registration.
Sec. 55. Minnesota Statutes 1992, section 154.12, is
amended to read:
154.12 [EXAMINATION OF NONRESIDENT APPRENTICES.]
A person who meets all of the requirements for licensure in
this chapter who has a license, a certificate of registration,
or their equivalent as an apprentice in a state or country which
in the discretion of the board has substantially the same
requirements for registration as an apprentice as is provided by
this chapter shall, upon payment of the required fee, be called
by the board for issued a certificate of registration without
examination to determine fitness to receive a certificate of
registration as an apprentice. A person failing to pass the
required examination must conform to the requirements of section
154.06 before being permitted to take another examination,
provided that the other state or country grants the same
privileges to holders of Minnesota certificates of registration.
Sec. 56. [154.161] [REGISTRATION; ISSUANCE, REVOCATION,
SUSPENSION, DENIAL.]
Subdivision 1. [PROCEEDINGS.] If the board, or a complaint
committee if authorized by the board, has a reasonable basis for
believing that a person has engaged in or is about to engage in
a violation of a statute, rule, or order that the board has
adopted or issued or is empowered to enforce, the board or
complaint committee may proceed as provided in subdivision 2 or
3. Except as otherwise provided in this section, all hearings
must be conducted in accordance with the administrative
procedure act.
Subd. 2. [LEGAL ACTIONS.] (a) When necessary to prevent an
imminent violation of a statute, rule, or order that the board
has adopted or issued or is empowered to enforce, the board, or
a complaint committee if authorized by the board, may bring an
action in the name of the state in the district court of Ramsey
county in which jurisdiction is proper to enjoin the act or
practice and to enforce compliance with the statute, rule, or
order. On a showing that a person has engaged in or is about to
engage in an act or practice that constitutes a violation of a
statute, rule, or order that the board has adopted or issued or
is empowered to enforce, the court shall grant a permanent or
temporary injunction, restraining order, or other appropriate
relief.
(b) For purposes of injunctive relief under this
subdivision, irreparable harm exists when the board shows that a
person has engaged in or is about to engage in an act or
practice that constitutes violation of a statute, rule or order
that the board has adopted or issued or is empowered to enforce.
(c) Injunctive relief granted under paragraph (a) does not
relieve an enjoined person from criminal prosecution by a
competent authority, or from action by the board under
subdivision 3, 4, 5, or 6 with respect to the persons' license,
certificate, or application for examination, license, or renewal.
Subd. 3. [CEASE AND DESIST ORDERS.] (a) The board, or
compliance committee if authorized by the board, may issue and
have served upon an unlicensed person, or a holder of a
certificate of registration or a shop registration card, an
order requiring the person to cease and desist from an act or
practice that constitutes a violation of a statute, rule, or
order that the board has adopted or issued or is empowered to
enforce. The order must (1) give reasonable notice of the
rights of the person named in the order to request a hearing,
and (2) state the reasons for the entry of the order. No order
may be issued under this subdivision until an investigation of
the facts has been conducted under section 214.10.
(b) Service of the order under this subdivision is
effective when the order is personally served on the person or
counsel of record, or served by certified mail to the most
recent address provided to the board for the person or counsel
of record.
(c) The board must hold a hearing under this subdivision
not later than 30 days after the board receives the request for
the hearing, unless otherwise agreed between the board, or
compliance committee if authorized by the board, and the person
requesting the hearing.
(d) Notwithstanding any rule to the contrary, the
administrative law judge must issue a report within 30 days of
the close of the contested case hearing. Within 30 days after
receiving the report and subsequent exceptions and argument, the
board shall issue a further order vacating, modifying, or making
permanent the cease and desist order. If no hearing is
requested within 30 days of service of the order, the order
becomes final and remains in effect until modified or vacated by
the board.
Subd. 4. [LICENSE ACTIONS.] (a) With respect to a person
who is a holder of or applicant for a licensee or shop
registration card under this chapter, the board may by order
deny, refuse to renew, suspend, temporarily suspend, or revoke
the application, certificate of registration, or shop
registration card, censure or reprimand the person, refuse to
permit the person to sit for examination, or refuse to release
the person's examination grades, if the board finds that such an
order is in the public interest and that, based on a
preponderance of the evidence presented, the person has:
(1) violated a statute, rule, or order that the board has
adopted or issued or is empowered to enforce;
(2) engaged in conduct or acts that are fraudulent,
deceptive, or dishonest, whether or not the conduct or acts
relate to the practice of barbering, if the fraudulent,
deceptive, or dishonest conduct or acts reflect adversely on the
person's ability or fitness to engage in the practice of
barbering;
(3) engaged in conduct or acts that constitute malpractice,
are negligent, demonstrate incompetence, or are otherwise in
violation of the standards in the rules of the board, where the
conduct or acts relate to the practice of barbering;
(4) employed fraud or deception in obtaining a certificate
of registration, shop registration card, renewal, or
reinstatement, or in passing all or a portion of the
examination;
(5) had a certificate of registration or shop registration
card, right to examine, or other similar authority revoked in
another jurisdiction;
(6) failed to meet any requirement for issuance or renewal
of the person's certificate of registration or shop registration
card;
(7) practiced as a barber while having an infectious or
contagious disease;
(8) advertised by means of false or deceptive statements;
(9) demonstrated intoxication or indulgence in the use of
drugs, including but not limited to narcotics as defined in
section 152.01 or in United States Code, title 26, section 4731,
barbiturates, amphetamines, benzedrine, dexedrine, or other
sedatives, depressants, stimulants, or tranquilizers;
(10) demonstrated unprofessional conduct or practice, or
conduct or practice that violates any provision of chapter 186;
(11) permitted an employee or other person under the
person's supervision or control to practice as a registered
barber, registered apprentice, or registered instructor of
barbering unless that person has (i) a current certificate of
registration as a registered barber, registered apprentice, or
registered instructor of barbering, (ii) a temporary apprentice
permit, or (iii) a temporary permit as an instructor of
barbering;
(12) practices, offered to practice, or attempted to
practice by misrepresentation;
(13) failed to display a certificate of registration as
required by section 154.14;
(14) used any room or place of barbering that is also used
for any other purpose, or used any room or place of barbering
that violates the board's rules governing sanitation;
(15) in the case of a barber, apprentice, or other person
working in or in charge of any barber shop, or any person in a
barber school engaging in the practice of barbering, failed to
use separate and clean towels for each customer or patron, or to
discard and launder each towel after being used once;
(16) in the case of a barber or other person in charge of
any barber shop or barber school, (i) failed to supply in a
sanitary manner clean hot and cold water in quantities necessary
to conduct the shop or barbering service for the school, (ii)
failed to have water and sewer connections from the shop or
barber school with municipal water and sewer systems where they
are available for use, or (iii) failed or refused to maintain a
receptacle for hot water of a capacity of at least five gallons;
(17) refused to permit the board to make an inspection
permitted or required by this chapter, or failed to provide the
board or the attorney general on behalf of the board with any
documents or records they request;
(18) failed promptly to renew a certificate of registration
or shop registration card when remaining in practice, pay the
required fee, or issue a worthless check;
(19) failed to supervise a registered apprentice or
temporary apprentice, or permitted the practice of barbering by
a person not registered with the board or not holding a
temporary permit;
(20) refused to serve a customer because of race, color,
creed, religion, disability, national origin, or sex;
(21) failed to comply with a provision of chapter 141 or a
provision of another chapter that relates to barber schools; or
(22) with respect to temporary suspension orders, has
committed an act, engaged in conduct, or committed practices
that the board, or complaint committee if authorized by the
board, has determined may result or may have resulted in an
immediate threat to the public.
(b) In lieu of or in addition to any remedy under paragraph
(a), the board may as a condition of continued registration,
termination of suspension, reinstatement of registration,
examination, or release of examination results, require that the
person:
(1) submit to a quality review of the person's ability,
skills, or quality of work, conducted in a manner and by a
person or entity that the board determines; or
(2) complete to the board's satisfaction continuing
education as the board requires.
(c) Service of an order under this subdivision is effective
if the order is served personally on, or is served by certified
mail to the most recent address provided to the board by, the
licensee, certificate holder, applicant, or counsel of record.
The order must state the reason for the entry of the order.
(d) Except as provided in subdivision 5, paragraph (c), all
hearings under this subdivision must be conducted in accordance
with the administrative procedure act.
Subd. 5. [TEMPORARY SUSPENSION.] (a) When the board, or
complaint committee if authorized by the board, issues a
temporary suspension order, the suspension provided for in the
order is effective on service of a written copy of the order on
the licensee, certificate holder, or counsel of record. The
order must specify the statute, rule, or order violated by the
licensee or certificate holder. The order remains in effect
until the board issues a final order in the matter after a
hearing, or on agreement between the board and the licensee or
certificate holder.
(b) An order under this subdivision may (1) prohibit the
licensee or certificate holder from engaging in the practice of
barbering in whole or in part, as the facts require, and (2)
condition the termination of the suspension on compliance with a
statute, rule, or order that the board has adopted or issued or
is empowered to enforce. The order must state the reasons for
entering the order and must set forth the right to a hearing as
provided in this subdivision.
(c) Within ten days after service of an order under this
subdivision the licensee or certificate holder may request a
hearing in writing. The board must hold a hearing before its
own members within five working days of the request for a
hearing. The sole issue at such a hearing must be whether there
is a reasonable basis to continue, modify, or terminate the
temporary suspension. The hearing is not subject to the
administrative procedure act. Evidence presented to the board
or the licensee or certificate holder may be in affidavit form
only. The licensee, certificate holder, or counsel of record
may appear for oral argument.
(d) Within five working days after the hearing, the board
shall issue its order and, if the order continues the
suspension, shall schedule a contested case hearing within 30
days of the issuance of the order. Notwithstanding any rule to
the contrary, the administrative law judge shall issue a report
within 30 days after the closing of the contested case hearing
record. The board shall issue a final order within 30 days of
receiving the report.
Subd. 6. [VIOLATIONS; PENALTIES; COSTS.] (a) The board may
impose a civil penalty of up to $2,000 per violation on a person
who violates a statute, rule, or order that the board has
adopted or issued or is empowered to enforce.
(b) In addition to any penalty under paragraph (a), the
board may impose a fee to reimburse the board for all or part of
the cost of (1) the proceedings resulting in disciplinary action
authorized under this section, (2) the imposition of a civil
penalty under paragraph (a), or (3) the issuance of a cease and
desist order. The board may impose a fee under this paragraph
when the board shows that the position of the person who has
violated a statute, rule, or order that the board has adopted or
issued or is empowered to enforce is not substantially justified
unless special circumstances make such a fee unjust,
notwithstanding any rule to the contrary. Costs under this
paragraph include, but are not limited to, the amount paid by
the board for services from the office of administrative
hearings, attorneys' fees, court reporter costs, witness costs,
reproduction of records, board members' compensation, board
staff time, and expense incurred by board members and staff.
(c) All hearings under this subdivision must be conducted
in accordance with the administrative procedure act.
Subd. 7. [REINSTATEMENT.] The board may reinstate a
suspended, revoked, or surrendered certificate of registration
or shop registration card, on petition of the former or
suspended registrant. The board may in its sole discretion
place any conditions on reinstatement of a suspended, revoked,
or surrendered certificate of registration or shop registration
card that it finds appropriate and necessary to ensure that the
purposes of this chapter are met. No certificate of
registration or shop registration card may be reinstated until
the former registrant has completed at least one-half of the
suspension period.
Sec. 57. Minnesota Statutes 1992, section 176.102,
subdivision 3a, is amended to read:
Subd. 3a. [DISCIPLINARY ACTIONS.] The panel has authority
to discipline qualified rehabilitation consultants and vendors
and may impose a penalty of up to $1,000 per violation, payable
to the special compensation fund, and may suspend or revoke
certification. Complaints against registered qualified
rehabilitation consultants and vendors shall be made to the
commissioner who shall investigate all complaints. If the
investigation indicates a violation of this chapter or rules
adopted under this chapter, the commissioner may initiate a
contested case proceeding under the provisions of chapter 14.
In these cases, the rehabilitation review panel shall make the
final decision following receipt of the report of an
administrative law judge. The decision of the panel is
appealable to the workers' compensation court of appeals in the
manner provided by section 176.421. The panel shall
continuously study rehabilitation services and delivery, develop
and recommend rehabilitation rules to the commissioner, and
assist the commissioner in accomplishing public education.
The commissioner may appoint alternates for one-year terms
to serve as a member when a member is unavailable. The number
of alternates shall not exceed one labor member, one employer or
insurer member, and one member representing medicine,
chiropractic, or rehabilitation.
Sec. 58. Minnesota Statutes 1992, section 176.102,
subdivision 14, is amended to read:
Subd. 14. [FEES.] The commissioner shall impose fees under
section 16A.128 16A.1285 sufficient to cover the cost of
approving and monitoring qualified rehabilitation consultants,
consultant firms, and vendors of rehabilitation services. These
fees are payable to the special compensation fund.
Sec. 59. [181.9641] [ENFORCEMENT.]
The department of labor and industry shall enforce sections
181.960 to 181.964. The department may assess a fine of up to
$5,000 for a violation of sections 181.960 to 181.964.
The fine, together with costs and attorney fees, may be
recovered in a civil action in the name of the department
brought in the district court of the county where the violation
is alleged to have occurred or where the commissioner has an
office.
The fine provided by this section is in addition to any
other remedy provided by law.
Sec. 60. Minnesota Statutes 1993 Supplement, section
239.785, subdivision 2, is amended to read:
Subd. 2. [DUE DATES FOR FILING OF RETURNS AND PAYMENT.]
The fee must be remitted monthly on a form prescribed by the
commissioner of revenue for deposit in the general fund
liquefied petroleum gas account established in subdivision 6.
The fee must be paid and the return filed on or before the 23rd
day of each month following the month in which the liquefied
petroleum gas was delivered or received.
Sec. 61. Minnesota Statutes 1993 Supplement, section
239.785, is amended by adding a subdivision to read:
Subd. 6. [LIQUEFIED PETROLEUM GAS ACCOUNT.] A liquefied
petroleum gas account in the special revenue fund is established
in the state treasury. Fees and penalties collected under this
section must be deposited in the state treasury and credited to
the liquefied petroleum gas account. Money in that account,
including interest earned, is appropriated to the commissioner
of jobs and training for programs to improve the energy
efficiency of residential liquefied petroleum gas heating
equipment in low-income households, and, when necessary, to
provide weatherization services to the homes.
Sec. 62. Minnesota Statutes 1993 Supplement, section
257.0755, is amended to read:
257.0755 [OFFICE OF OMBUDSPERSON; CREATION; QUALIFICATIONS;
FUNCTION.]
An ombudsperson for families Subdivision 1.
[CREATION.] One ombudsperson shall be appointed to operate
independently from but under the auspices of in collaboration
with 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.
Subd. 2. [SELECTION; QUALIFICATIONS.] The ombudsperson for
each community shall be selected by the applicable
community-specific board established in section 257.0768. Each
ombudsperson shall serve serves in the unclassified service at
the pleasure of the advisory community-specific board, shall be
in the unclassified service, shall and may be removed only for
just cause. Each ombudsperson must 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.
Subd. 3. [APPROPRIATION.] Money appropriated for each
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 each ombudsperson for which
it is appropriated.
Sec. 63. Minnesota Statutes 1992, section 257.0762,
subdivision 2, is amended to read:
Subd. 2. [POWERS.] Each ombudsperson has the authority to
investigate decisions, acts, and other matters of an agency,
program, or facility providing protection or placement services
to children of color. In carrying out this authority and the
duties in subdivision 1, each ombudsperson has the power to:
(1) prescribe the methods by which complaints are to be
made, reviewed, and acted upon;
(2) determine the scope and manner of investigations to be
made;
(3) investigate, upon a complaint or upon personal
initiative, any action of any agency;
(4) request and be given access to any information in the
possession of any agency deemed necessary for the discharge of
responsibilities. The ombudsperson is authorized to set
reasonable deadlines within which an agency must respond to
requests for information. Data obtained from any agency under
this clause shall retain the classification which it had under
section 13.02 and shall be maintained and disseminated by the
ombudsperson according to chapter 13;
(5) examine the records and documents of an agency;
(6) enter and inspect, during normal business hours,
premises within the control of an agency; and
(7) subpoena any agency personnel to appear, testify, or
produce documentary or other evidence which the ombudsperson
deems relevant to a matter under inquiry, and may petition the
appropriate state court to seek enforcement with the subpoena;
provided, however, that any witness at a hearing or before an
investigation as herein provided, shall possess the same
privileges reserved to such a witness in the courts or under the
laws of this state. The ombudsperson may compel nonagency
individuals to testify or produce evidence according to
procedures developed by the advisory board.
Sec. 64. Minnesota Statutes 1992, section 257.0768, is
amended to read:
257.0768 [OMBUDSPERSON'S ADVISORY COMMITTEE
COMMUNITY-SPECIFIC BOARDS.]
Subdivision 1. [MEMBERSHIP.] The appointment of each
ombudsperson is subject to approval by an advisory committee
consisting of no more than 17 members. Members of the advisory
committee shall be appointed by Four community-specific boards
are created. Each board consists of five members. The chair of
each of the following groups shall appoint the board for the
community represented by the group: the Indian Affairs Council;
the Spanish-Speaking Affairs Council; the Council on Black
Minnesotans; and the Council on Asian-Pacific Minnesotans. The
committee shall provide advice and counsel to each
ombudsperson. In making appointments, the chair must consult
with other members of the council.
Subd. 2. [COMPENSATION; CHAIR.] Members do not receive
compensation but are entitled to receive reimbursement for
reasonable and necessary expenses incurred. The members shall
designate four rotating chairs to serve annually at the pleasure
of the members.
Subd. 3. [MEETINGS.] The committee Each board shall meet
at least four times a year regularly at the request of its the
appointing chair or the ombudspersons ombudsperson.
Subd. 4. [DUTIES.] The committee Each board shall appoint
the ombudsperson for its community. Each board shall advise and
assist the ombudspersons ombudsperson for its community in
selecting matters for attention; developing policies, plans, and
programs to carry out the ombudspersons' functions and powers;
establishing protocols for working with the communities of
color; developing procedures for the ombudspersons' use of the
subpoena power to compel testimony and evidence from nonagency
individuals; and making reports and recommendations for changes
designed to improve standards of competence, efficiency,
justice, and protection of rights. The committee shall function
as an advisory body.
Subd. 5. [TERMS, COMPENSATION, REMOVAL, AND EXPIRATION.]
The membership terms, compensation, and removal of members of
the committee each board and the filling of membership vacancies
are governed by section 15.0575.
Subd. 6. [JOINT MEETINGS.] The members of the four
community-specific boards shall meet jointly at least four times
each year to advise the ombudspersons on overall policies,
plans, protocols, and programs for the office.
Sec. 65. Minnesota Statutes 1992, section 268.53,
subdivision 5, is amended to read:
Subd. 5. [FUNCTIONS; POWERS.] A community action agency
shall:
(a) Plan systematically for an effective community action
program; develop information as to the problems and causes of
poverty in the community; determine how much and how effectively
assistance is being provided to deal with those problems and
causes; and establish priorities among projects, activities and
areas as needed for the best and most efficient use of
resources;
(b) Encourage agencies engaged in activities related to the
community action program to plan for, secure, and administer
assistance available under section 268.52 or from other sources
on a common or cooperative basis; provide planning or technical
assistance to those agencies; and generally, in cooperation with
community agencies and officials, undertake actions to improve
existing efforts to reduce poverty, such as improving day-to-day
communications, closing service gaps, focusing resources on the
most needy, and providing additional opportunities to low-income
individuals for regular employment or participation in the
programs or activities for which those community agencies and
officials are responsible;
(c) Initiate and sponsor projects responsive to needs of
the poor which are not otherwise being met, with particular
emphasis on providing central or common services that can be
drawn upon by a variety of related programs, developing new
approaches or new types of services that can be incorporated
into other programs, and filling gaps pending the expansion or
modification of those programs;
(d) Establish effective procedures by which the poor and
area residents concerned will be enabled to influence the
character of programs affecting their interests, provide for
their regular participation in the implementation of those
programs, and provide technical and other support needed to
enable the poor and neighborhood groups to secure on their own
behalf available assistance from public and private sources;
(e) Join with and encourage business, labor and other
private groups and organizations to undertake, together with
public officials and agencies, activities in support of the
community action program which will result in the additional use
of private resources and capabilities, with a view to developing
new employment opportunities, stimulating investment that will
have a measurable impact on reducing poverty among residents of
areas of concentrated poverty, and providing methods by which
residents of those areas can work with private groups, firms,
and institutions in seeking solutions to problems of common
concern.
Community action agencies, the Minnesota migrant council,
and the Indian reservations, may enter into cooperative
purchasing agreements and self-insurance programs with local
units of government. Nothing in this section expands or limits
the current private or public nature of a local community action
agency.
Sec. 66. [268.56] [MINNESOTA YOUTH PROGRAM; DEFINITIONS.]
Subdivision 1. [SCOPE.] For the purposes of sections
268.56 and 268.561, the terms defined in this section have the
meanings given them.
Subd. 2. [COMMISSIONER.] "Commissioner" means the
commissioner of jobs and training.
Subd. 3. [ELIGIBLE APPLICANT.] "Eligible applicant" means
an individual who is between the ages of 14 and 21 and
economically disadvantaged.
An at-risk youth who is classified as a family of one is
deemed economically disadvantaged. For purposes of eligibility
determination the following individuals are considered at risk:
(1) a pregnant or parenting youth;
(2) a youth with limited English proficiency;
(3) a potential or actual school dropout;
(4) a youth in an offender or diversion program;
(5) a public assistance recipient or a recipient of group
home services;
(6) a youth with disabilities including learning
disabilities;
(7) a chemically dependent youth or child of drug or
alcohol abusers;
(8) a homeless or runaway youth;
(9) a youth with basic skills deficiency;
(10) a youth with an educational attainment of one or more
levels below grade level appropriate to age; or
(11) a foster child.
Subd. 4. [EMPLOYER.] "Employer" means a private or public
employer.
Sec. 67. [268.561] [MINNESOTA YOUTH PROGRAM.]
Subdivision 1. [PURPOSE.] The Minnesota youth program is
established to:
(1) improve the employability of eligible applicants
through exposure to public or private sector work;
(2) enhance the basic educational skills of eligible
applicants;
(3) encourage the completion of high school or equivalency;
(4) assist eligible applicants to enter employment,
school-to-work transition programs, the military, or
post-secondary education or training;
(5) enhance the citizenship skills of eligible applicants
through community service and service learning; and
(6) provide educational, career, and life skills counseling.
Subd. 2. [WAGE RATE.] The rate of pay for Minnesota youth
program positions with public, private nonprofit, and private
for-profit employers is the minimum wage. Employers may use
their own funds to increase the participants' hourly wage
rates. Youths designated as supervisors may be paid at a higher
level to be determined by the local contractor.
Subd. 3. [EMPLOYMENT CONTRACTS.] The commissioner may
enter into arrangements with existing public and private
nonprofit organizations and agencies with experience in
administering youth employment programs for the purpose of
providing employment opportunities for eligible applicants in
furtherance of sections 268.56 and 268.561. The department of
jobs and training shall retain ultimate responsibility for the
administration of this employment program.
Subd. 4. [CONTRACT ADMINISTRATION.] Preference shall be
given to local contractors with experience in administering
youth employment and training programs and those who have
demonstrated efforts to coordinate state and federal youth
programs locally.
Subd. 5. [ALLOCATION FORMULA.] Seventy percent of
Minnesota youth program funds must be allocated based on the
county's share of economically disadvantaged youth. The
remaining 30 percent must be allocated based on the county's
share of population ages 14 to 21.
Subd. 6. [ALLOWABLE COST CATEGORIES.] Of the total
allocation, up to 15 percent may be used for administrative
purposes and the remainder may be used for a combination of
training and participant support activities.
Subd. 7. [REPORTS.] Each contractor shall report to the
commissioner on a quarterly basis in a format to be determined
by the commissioner.
Data collected on individuals under this subdivision are
private data on individuals as defined in section 13.02,
subdivision 12, except that summary data may be provided under
section 13.05, subdivision 7.
Subd. 8. [PART-TIME EMPLOYMENT.] Wages and subsidies under
this section may be paid for part-time employment.
Subd. 9. [LAYOFFS; WORKER REDUCTIONS.] An employer may not
lay off, terminate, or reduce the working hours of an employee
for the purpose of hiring an individual with funds provided by
this section. An employer may not hire an individual with funds
available under this section if any other individual is laid off
from the same or a substantially equivalent job.
Subd. 10. [RULES.] The commissioner may adopt rules to
implement this section.
Sec. 68. [268.9783] [RETRAINING AND TARGETED TRAINING
GRANTS.]
Subdivision 1. [ESTABLISHED.] The commissioner may make
grants to substate grantees or other eligible organizations
designed to provide for the employment of dislocated workers or
targeted training assistance to workers at risk of dislocation.
The focus of the grants must be on the provision of skill-based
training required by the worker's employer or prospective
employer. The grants must be developed to meet the worker
training needs of employers individually or together. Two or
more organizations may jointly apply for a grant.
Subd. 2. [RETRAINING GRANTS.] An organization interested
in applying for a grant to retrain workers who are at risk of
becoming dislocated workers must apply to the commissioner. As
part of the application process, an applicant must provide:
(1) a statement of need that identifies the causes
contributing to the workers being at risk of dislocation, the
prospects for reemployment of the workers in the employer's
industry or the worker's occupation, and the employer's past
record of permanently laying off workers;
(2) a description of the current skill level of the workers
targeted for training and the skills needed by the workers to
significantly reduce their vulnerability to becoming displaced
from employment;
(3) a description of the actions and investments made and
planned by the employer to avert or minimize worker dislocation,
including the adoption of high performance workplace and worker
participation systems and practices;
(4) a training plan that details who will receive training,
the type and scope of training assistance to be provided to
workers, the providers of the training, and any impact on worker
wages;
(5) evidence that the proposal has the support and
involvement of labor; and
(6) any other relevant information the commissioner
requires in the grant application.
Subd. 3. [TARGETED TRAINING GRANTS.] An organization
interested in applying for a grant to target training for
dislocated workers being hired by an employer must apply to the
commissioner. As part of the application process, applicants
must provide:
(1) a statement of need;
(2) a description of local labor market characteristics,
including the area's unemployment rate, types of workers
available to be employed in terms of occupation, and the local
availability of workers in the industry of the employer or
employers;
(3) a description of the actions and investments made and
planned by the employer or employers to create and retain jobs,
including past employment history, wages paid for the same or
similar work, and whether high performance workplace and worker
participation systems and practices have been adopted;
(4) a description of the type of work to be performed, the
work-related skills needed, projected wages, and the target
group of workers requiring the training assistance;
(5) a training plan that details who will receive training,
the type and scope of training assistance to be provided
workers, and the providers of the training;
(6) evidence that the proposal has the support and
involvement of labor; and
(7) any other relevant information the commissioner
requires in the grant application.
Subd. 4. [CRITERIA.] The criteria used to award targeted
training grants must include the severity of need, the target
group of workers, training assistance, worker wages, utilization
of resources, cost effectiveness, grantee management capability,
and other considerations adopted by the commissioner.
Subd. 5. [COVERAGE.] Persons eligible to receive
retraining assistance under this section include workers at risk
of dislocation from employment and dislocated workers as defined
in Minnesota Statutes, section 268.975, subdivision 3. Workers
are considered to be at risk of dislocation as evidenced by a
pattern of worker layoffs from an employer, a pattern of
substantial layoffs or plant closures in the same or related
industry, or where worker skills needed by the employer have
become obsolete due to advances in technology.
Subd. 6. [FUNDING.] The commissioner may award retraining
and targeted training grants, if approved by the governor's job
training council, through a request for proposal process if:
(1) employers benefiting from a retraining and targeted
training grant provide a match of at least one for one that may
be in the form of funding, equipment, staff, instructors, and
work release time for workers enrolled in training;
(2) employers benefiting from a retraining and targeted
training grant to retrain workers at risk of dislocation
maintain their past rate of expenditure from other sources for
that training during the grant period; and
(3) employers benefiting from a retraining and targeted
training grant to train new workers do not have workers in
layoff status, unless it can be documented the layoff is
temporary or seasonal.
Subd. 7. [LIMITATION.] No more than five percent of the
amount available under Minnesota Statutes, section 268.022,
subdivision 2, paragraph (e), may be used for the grants
authorized under this section. The funds must be used from the
allocation under section 268.022, subdivision 2, paragraph (e),
clause (2).
Subd. 8. [SUNSET.] This section expires June 30, 1996.
Sec. 69. Minnesota Statutes 1993 Supplement, section
268.98, subdivision 1, is amended to read:
Subdivision 1. [PERFORMANCE STANDARDS.] The commissioner
shall establish performance standards for the programs and
activities administered or funded under 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 dislocated worker program are effectively
administered.
The commissioner shall, at a minimum, establish performance
standards which appropriately gauge the program's effectiveness
at achieving the following objectives:
(1) placement of dislocated workers in employment;
(2) replacing lost income resulting from worker dislocation
from employment;
(3) early intervention with workers shortly after becoming
displaced from employment; and
(4) retraining of workers from one occupation or industry
to another.
The standards shall be applied to plans or grants
authorized under sections 268.9781, 268.9782, 268.9783 and for
other activities the commissioner considers appropriate.
Sec. 70. Minnesota Statutes 1992, section 298.2211, is
amended by adding a subdivision to read:
Subd. 3a. [CONTRACTS AND PURCHASES.] Contracts entered
into and purchases made by the board are subject to the
competitive bidding requirements of chapter 16B, except that
bids must be first advertised within the tax relief areas as
defined in section 273.134. If the commissioner finds that an
acceptable bidder or contractor cannot be found in the tax
relief area, the commissioner may ask the board for permission
to advertise for bids as otherwise provided in chapter 16B.
This subdivision is effective for contracts entered into and
purchases made after the effective date of this subdivision.
Sec. 71. [268A.13] [EMPLOYMENT SUPPORT SERVICES FOR
PERSONS WITH MENTAL ILLNESS.]
The commissioner of jobs and training, in cooperation with
the commissioner of human services, shall develop a statewide
program of grants to provide services for persons with mental
illness in supported employment. Projects funded under this
section must: (1) assist persons with mental illness in
obtaining and retaining employment; (2) emphasize individual
community placements for clients; (3) ensure interagency
collaboration at the local level between vocational
rehabilitation field offices, county service agencies, community
support programs operating under the authority of section
245.4712, and community rehabilitation providers, in assisting
clients; and (4) involve clients in the planning, development,
oversight, and delivery of support services. Project funds may
not be used to provide services in segregated settings such as
long-term employment or work activity programs as defined in
section 268A.01.
The commissioner of jobs and training, in consultation with
the commissioner of human services, shall develop a request for
proposals which is consistent with the requirements of this
section and which specifies the types of services that must be
provided by grantees. Projects shall be funded for state fiscal
year 1995 and priority for funding shall be given to
organizations with experience in developing innovative
employment support services for persons with mental illness.
Each applicant for funds under this section shall submit an
evaluation protocol as part of the grant application.
Sec. 72. [268A.14] [PLAN FOR A STATEWIDE REIMBURSEMENT
SYSTEM.]
The commissioner of jobs and training, in cooperation with
the commissioner of human services, shall develop a detailed
plan for establishing a statewide system to reimburse providers
for employment support services for persons with mental
illness. The plan must include the following: (1) protocols
for certifying eligible providers; (2) standards for determining
client eligibility for the service; (3) a list of reimbursable
services with the proposed reimbursement level for each service;
and (4) a description of the systems, including necessary
computer systems, that will be used by the state agency for
payment of reimbursement to eligible providers. The plan must
also include projected total biennial costs for the new
reimbursement system, recommendations on the nature of appeal
rights which shall be provided to clients and providers, and
recommendations on the necessity for agency rulemaking prior to
implementation of the new reimbursement system.
Sec. 73. Minnesota Statutes 1992, section 345.47,
subdivision 4, is amended to read:
Subd. 4. [TITLE TO PROPERTY.] The purchaser at any sale
conducted by the commissioner pursuant to sections 345.31 to
345.60 and the Minnesota historical society under subdivision 5
shall receive title to the property purchased or selected, free
from all claims of the owner or prior holder thereof and of all
persons claiming through or under them. The commissioner shall
execute all documents necessary to complete the transfer of
title.
Sec. 74. Minnesota Statutes 1992, section 462A.05, is
amended by adding a subdivision to read:
Subd. 40. [YOUTH EMPLOYMENT AND TRAINING.] The agency may
make matching grants for the purpose of employing and training
resident youths or youths residing in the surrounding
neighborhood in the construction, maintenance, or rehabilitation
of multifamily housing financed by the agency.
Sec. 75. Minnesota Statutes 1992, section 466.01,
subdivision 1, is amended to read:
Subdivision 1. [MUNICIPALITY.] For the purposes of
sections 466.01 to 466.15, "municipality" means any city,
whether organized under home rule charter or otherwise, any
county, town, public authority, public corporation, special
district, school district, however organized, county
agricultural society organized pursuant to chapter 38, joint
powers board or organization created under section 471.59 or
other statute, public library, regional public library system,
multicounty multitype library system, or other political
subdivision, or community action agency.
Sec. 76. Minnesota Statutes 1993 Supplement, section
504.33, subdivision 5, is amended to read:
Subd. 5. [LOW-INCOME HOUSING.] (a) "Low-income housing"
means either:
(1) rental housing with a rent less than or equal to 30
percent of 50 percent of the median income for the county in
which the rental housing is located, adjusted by size, except
that housing which receives a low-income housing credit under
section 42 of the Internal Revenue Code of 1986, as amended
through December 31, 1990, is considered low-income housing, if
such rent levels do not exceed 30 percent of 60 percent of the
median income for the metropolitan area as defined in section
473.121, subdivision 2, adjusted by size; or
(2) rental housing occupied by households with income below
30 percent of the median for the metropolitan area as defined in
section 473.121, subdivision 2, adjusted by size.
(b) "Low-income housing" also includes rental housing that
has been vacant for less than two years one year, that was
low-income housing when it was last occupied, and that is not
condemned as being unfit for human habitation by the applicable
government unit.
Sec. 77. Minnesota Statutes 1993 Supplement, section
504.33, subdivision 7, is amended to read:
Subd. 7. [REPLACEMENT HOUSING.] (a) "Replacement housing"
means rental housing that is:
(1) the lesser of (i) the number and corresponding size of
low-income housing units displaced, or (ii) sufficient in number
and corresponding size of those low-income housing units
displaced to meet the demand for those units. Notwithstanding
subclauses (i) and (ii), if the housing impact statement shows
demonstrated need, displaced units may be replaced by fewer,
larger units of comparable total size, except that efficiency
and single room occupancy units may not be replaced by units of
a larger size;
(2) low-income housing for at least 15 years. This section
does not prohibit increases in rent to cover operating expenses;
(3) in at least standard condition; and
(4) located in the city where the displaced low-income
housing units were located or in the surrounding metropolitan
area as defined in section 473.121.
(b) Replacement housing provided in a different city shall
have a preference for residents of the city where displacement
occurred. The government unit providing such replacement
housing shall affirmatively market the replacement housing to
such residents.
(c) Replacement housing may be provided as newly
constructed housing, or rehabilitated housing that
was previously unoccupied or vacant and in condemnable condition
or rent subsidized existing housing that does not already
qualify as low-income housing.:
(1) previously unoccupied or vacant and in condemnable
condition; or
(2) in condemnable condition and required substantial
rehabilitation equal to or in excess of 50 percent of the
prerehabilitation value of the unit; or
(3) rent-subsidized, existing housing that does not already
qualify as low-income housing; or
(4) rent-subsidized housing in the form of either
project-based assistance or portable vouchers, including the use
of new Section 8 certificates or vouchers, which reduce rents on
units to meet the definitions of low-income housing under
subdivision 5, paragraph (a), clause (1).
(b) (d) Notwithstanding the requirements in paragraph
paragraphs (a) to (c), public housing units which are a part of
a disposition plan approved by the Department of Housing and
Urban Development automatically qualify as replacement housing
for public housing units which are displaced.
(e) "Replacement housing" may also mean owner-occupied
housing which creates a home ownership opportunity for people
whose income is at or below 50 percent of the median for the
metropolitan area as defined in section 473.121, subdivision 2,
adjusted for family size.
Sec. 78. Minnesota Statutes 1993 Supplement, section
504.34, subdivision 1, is amended to read:
Subdivision 1. [ANNUAL REPORT REQUIRED.] A government
unit, or in the case of a government unit located in the
metropolitan area as defined in section 473.121, the government
unit and the metropolitan council, shall prepare a housing
impact report either:
(1) for each year in which the government unit displaces
ten or more units of low-income housing in a city of the first
class as defined in section 410.01; or
(2) when a specific project undertaken by a government unit
for longer than one year displaces a total of ten or more units
of low-income housing in a city of the first class as defined in
section 410.01.
Sec. 79. Minnesota Statutes 1993 Supplement, section
504.34, subdivision 2, is amended to read:
Subd. 2. [DRAFT ANNUAL HOUSING IMPACT REPORT.] As provided
in subdivision 1, a government unit or a government unit
participating with the metropolitan council subject to this
section must prepare a draft annual housing impact report for
review and comment by interested persons. The draft report must
be completed by January 31 of the year immediately following a
year in which the government unit has displaced ten or more
units of low-income housing in a city. For a housing impact
report required under subdivision 1, clause (2), the draft
report must be completed by January 31 of the year immediately
following the year in which the government unit has displaced a
cumulative total of ten units of low-income housing in a city.
Sec. 80. Minnesota Statutes 1992, section 504.34,
subdivision 3, is amended to read:
Subd. 3. [CONTENTS.] The draft and final annual housing
impact reports must include:
(1) identification of each low-income housing unit that was
displaced in the previous year in the city where housing was
displaced by the government unit, including the unit's address,
size, and rent; the number of persons who could have occupied
the unit; the condition the unit was in, and whether it was
habitable at the time of displacement; the owner of the unit;
whether it was owner occupied; and how and when it was
displaced;
(2) identification of each unit of replacement housing
provided in the previous year in the city, including the unit's
address, size, and rent; the number of persons who could occupy
the unit; the owner of the unit; whether it is owner occupied;
and an identification of the displaced low-income housing unit
that was replaced by the unit of replacement housing;
(3) analysis of the supply of and demand for all sizes of
low-income housing units, by size and rent, including the
housing requirements of residents of shelters for the homeless,
in the city;
(4) determination of whether there is an adequate supply of
available and unoccupied low-income housing units to meet the
demand for all sizes of low-income housing, by size and rent, in
the city where housing has been displaced by the government
unit;
(5) estimation of the cost of providing replacement housing
for low-income housing not in adequate supply to meet the demand
for all sizes of low-income housing, by size and rent, in the
city where housing has been displaced by the government unit;
and
(6) analysis of the government unit's compliance with the
replacement plans of previous housing annual impact reports and
project housing impact statements.
Sec. 81. [645.443] [HEAD START AND SCHOOL BUS DRIVER DAY.]
The second Monday in January is designated Head Start and
School Bus Driver Day in recognition of the responsibilities
borne and the dedication demonstrated by Minnesota's Head Start
and other school bus drivers for the safe delivery of our school
children. The governor may take any action necessary to promote
and encourage the observance of Head Start and School Bus Driver
Day. The public schools may offer instruction and programs
honoring and fostering appreciation and respect for Minnesota
Head Start and school bus drivers.
Sec. 82. Laws 1993, chapter 369, section 5, subdivision 4,
is amended to read:
Subd. 4. Community Services
27,579,000 25,678,000
The money appropriated for the youth
wage subsidy program for the second
year of the biennium must be used for
programs authorized under new Minnesota
Statutes, sections 268.56 and 268.561.
$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. \H* (The preceding\h
\Hsentence starting "Of" was vetoed by\h
\Hthe governor.)\h 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. 83. [TRANSITION.]
(a) Any member of the advisory committee existing under
Minnesota Statutes, section 257.0768, before the effective date
of section 64 who attended at least one-half of the committee's
meetings during calendar year 1993 must be appointed a member of
the applicable community-specific board created under section 64.
(b) The appointing authority for each community-specific
board shall designate an initial term length for each appointee,
including appointees required under paragraph (a), to achieve
staggered terms to the greatest extent possible.
Sec. 84. [REPEALER.]
(a) Minnesota Statutes 1992, sections 154.16; and 154.165,
are repealed.
(b) Minnesota Statutes 1992, sections 268.31, 268.315,
268.32, 268.33, 268.34, 268.35, and 268.36, are repealed.
Sec. 85. [EFFECTIVE DATES.]
Sections 23 to 31 are effective September 1, 1994, and
apply to licenses which become effective on or after November 1,
1994. Sections 32 to 38 are effective May 1, 1995, and apply to
licenses which become effective on or after July 1, 1995.
Sections 39 to 42 are effective July 1, 1994, and apply to
licenses which become effective on or after September 1, 1994.
Section 43 is effective May 1, 1995, and applies to licenses
which become effective on or after July 1, 1995. Section 44 is
effective the day following final enactment and applies to
claims brought after June 4, 1987.
Sections 74 and 76 to 80 are effective the day following
final enactment.
Any provisions appropriating money for fiscal year 1994 are
effective the day following final enactment.
Sections 66, 67, and 82 are effective the day following
final enactment. Section 84, paragraph (b), is effective July
1, 1995.
ARTICLE 5
BUDGET RESERVE
Section 1. Minnesota Statutes 1993 Supplement, section
16A.152, subdivision 2, is amended to read:
Subd. 2. [ADDITIONAL REVENUES; PRIORITY.] If on the basis
of a forecast of general fund revenues and expenditures the
commissioner of finance determines that there will be a positive
unrestricted budgetary general fund balance at the close of the
biennium, the commissioner of finance must allocate money to the
budget reserve and cash flow account until the total amount in
the account equals five percent of total general fund
appropriations for the current biennium as established by the
most recent legislative session. Beginning July 1, 1993,
forecast unrestricted budgetary general fund balances are first
appropriated to restore the budget reserve and cash flow account
to $500,000,000 and then. Additional biennial unrestricted
budgetary general fund balances available after November 1 of
every odd-numbered calendar year are appropriated in January of
the following year to reduce the property tax levy recognition
percent under section 121.904, subdivision 4a, to zero
before additional money beyond $500,000,000 is allocated to the
budget reserve and cash flow account under the preceding
sentence.
The amounts necessary to meet the requirements of this
section are appropriated from the general fund.
Sec. 2. [LEVY RECOGNITION ADJUSTMENTS.]
Notwithstanding Minnesota Statutes, sections 16A.152,
subdivision 2; and 121.904, if planning estimates for the
1996-97 biennium prepared by the commissioner of finance at the
close of the 1994 legislative session, or in November 1994, show
a budgetary balance before reserves of less than $350,000,000 at
the end of the 1996-97 biennium, the commissioner may increase
the revenue recognition percent established in Minnesota
Statutes, section 121.904, beginning in fiscal year 1996 by the
amount necessary to bring the budgetary balance before reserves
to $350,000,000, except that it may not be increased beyond 48
percent. If the projected budgetary balance before reserves is
greater than $350,000,000, the percentage is decreased by the
amount necessary to bring the balance before reserves to
$350,000,000, but not to less than zero.
Sec. 3. [CASH FLOW REFORM PROGRAM.]
The commissioner of finance shall establish an advisory
committee to develop recommendations to the legislative
commission on planning and fiscal policy by January 15, 1995,
for improving school cash management while avoiding short-term
borrowing by the state. The advisory committee shall consist of
representatives of the commissioners of finance, revenue, and
education, the legislative commission on planning and fiscal
policy, the Minnesota school boards association, the school
business officers association, and the association of Minnesota
counties.
ARTICLE 6
TRANSPORTATION
Section 1. [TRANSPORTATION APPROPRIATIONS.]
The sums set forth in the columns headed "APPROPRIATIONS"
are appropriated from the general fund, or another named fund,
to the agencies and for the purposes specified in this article
and are added to appropriations for the fiscal years ending June
30, 1994, and June 30, 1995, in Laws 1993, chapter 266, or
another named law.
SUMMARY BY FUND
1995
General Fund $ 10,000,000
APPROPRIATIONS
Available for the Year
Ending June 30
1994 1995
Sec. 2. TRANSPORTATION
Greater Minnesota Transit $ 1,600,000
This appropriation is added to the
appropriation in Laws 1993, chapter
266, section 2, subdivision 3, clause
(a), and is for greater Minnesota
transit assistance.
The unspent balance of the
appropriation for fiscal year 1994 in
Laws 1993, chapter 266, section 2,
subdivision 3, paragraph (a), on June
30, 1994, is added to this
appropriation.
Sec. 3. REGIONAL TRANSIT BOARD
(a) Regular Route Transit 5,000,000
(b) Metro Mobility 2,500,000
(c) Community-based, Rural, and
Small-urban Transit Systems 900,000
Presented to the governor May 6, 1994
Signed by the governor May 10, 1994, 6:20 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes