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HF 3243

3rd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to the organization and operation of state 
  1.3             government; appropriating money for economic 
  1.4             development and other purposes; providing for 
  1.5             assessments against utilities; amending Minnesota 
  1.6             Statutes 1994, sections 138.35, by adding a 
  1.7             subdivision; 138.664, by adding a subdivision; 
  1.8             138.763, subdivision 1; 298.22, by adding a 
  1.9             subdivision; 469.056, subdivision 2; and 469.303; 
  1.10            Minnesota Statutes 1995 Supplement, sections 79.561, 
  1.11            subdivision 3; 138.01, by adding a subdivision; and 
  1.12            473.252; Laws 1980, chapter 595, section 3, as 
  1.13            amended; Laws 1994, chapter 573, sections 1, 
  1.14            subdivisions 6 and 7; 4; and 5, subdivisions 1 and 2; 
  1.15            Laws 1995, chapters 231, article 1, section 33; and 
  1.16            224, section 5, subdivision 3; proposing coding for 
  1.17            new law in Minnesota Statutes, chapter 116J; repealing 
  1.18            Minnesota Statutes 1994, sections 116J.873, 
  1.19            subdivisions 1, 2, and 4; 138.662, subdivision 5; and 
  1.20            268.9783, subdivision 8; Minnesota Statutes 1995 
  1.21            Supplement, section 116J.873, subdivisions 3 and 5; 
  1.22            Laws 1988, chapter 684, article 1, section 23. 
  1.23  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.24  Section 1.  [ECONOMIC DEVELOPMENT APPROPRIATIONS.] 
  1.25     The sums in the columns marked "APPROPRIATIONS" are 
  1.26  appropriated from the general fund, or another named fund, to 
  1.27  the agencies and for the purposes specified in this article, to 
  1.28  be available for the fiscal years indicated for each purpose. 
  1.29                          SUMMARY BY FUND
  1.30                                           1996          1997
  1.31  General                           $    1,654,000 $   23,724,000
  1.32  Petroleum 
  1.33  Tank Cleanup                              47,000         93,000
  1.34  Special  
  1.35  Compensation                             -0-          2,800,000
  2.1   TOTAL                             $    1,701,000 $   26,617,000
  2.2                                              APPROPRIATIONS 
  2.3                                          Available for the Year 
  2.4                                              Ending June 30 
  2.5                                             1996         1997 
  2.6   Sec. 2.  TRADE AND ECONOMIC
  2.7   DEVELOPMENT                              -0-          5,105,000
  2.8   (a) Minnesota investment fund 
  2.9          -0-          4,000,000
  2.10  This appropriation is for the Minnesota 
  2.11  investment fund under Minnesota 
  2.12  Statutes, section 116J.8731. 
  2.13  Any funds previously appropriated for 
  2.14  the economic recovery grant program 
  2.15  under Minnesota Statutes, section 
  2.16  116J.873, may be spent for the 
  2.17  Minnesota investment fund program. 
  2.18  (b) Minnesota film board 
  2.19         -0-            100,000
  2.20  This appropriation is for the Minnesota 
  2.21  film board and is added to the 
  2.22  appropriation for fiscal year 1997 in 
  2.23  Laws 1995, chapter 224, section 2, 
  2.24  subdivision 4. 
  2.25  (c) Morrison county rural development 
  2.26  finance authority 
  2.27         -0-            750,000
  2.28  This appropriation is for a grant to 
  2.29  the Morrison county rural development 
  2.30  finance authority established under 
  2.31  Laws 1982, chapter 437.  The authority 
  2.32  must use the grant only for capital 
  2.33  improvements to a paper and wood 
  2.34  products manufacturer in the county 
  2.35  primarily for the purposes of facility 
  2.36  upgrading and expansion of the 
  2.37  manufacturer's capability to utilize 
  2.38  recycled wastepaper as a fiber source.  
  2.39  Minnesota Statutes, section 116J.991, 
  2.40  applies to the grant.  The commissioner 
  2.41  shall make the grant only if the 
  2.42  commissioner determines that at least 
  2.43  $500,000 of the grant will be matched 
  2.44  from other sources.  The authority or 
  2.45  any city or county within which the 
  2.46  improvements and equipment are located 
  2.47  may issue general obligation bonds in 
  2.48  accordance with Minnesota Statutes, 
  2.49  chapter 475, to finance the local 
  2.50  match, except that sections 475.53, 
  2.51  475.58, and 475.59, do not apply. 
  2.52  (d) Job Skills Partnership Board 
  2.53         -0-            250,000
  2.54  This appropriation is for the job 
  2.55  skills partnership program and is added 
  3.1   to the appropriation for fiscal year 
  3.2   1997 in Laws 1995, chapter 224, section 
  3.3   2, subdivision 2. 
  3.4   (e) Study 
  3.5          -0-              5,000
  3.6   This appropriation is for a study, in 
  3.7   consultation with the pollution control 
  3.8   agency and the department of natural 
  3.9   resources, to evaluate the 
  3.10  compatibility of metal materials 
  3.11  shredding projects and other industrial 
  3.12  uses with tourism and other 
  3.13  nonindustrial uses of the Mississippi 
  3.14  River Critical Area, which has been 
  3.15  designated an area of critical concern 
  3.16  under Minnesota Statutes, section 
  3.17  116G.15.  The commissioner of trade and 
  3.18  economic development shall report the 
  3.19  findings and recommendations of the 
  3.20  evaluation to the legislature by 
  3.21  January 1, 1997. 
  3.22  Sec. 3.  MINNESOTA TECHNOLOGY, INC.      -0-            700,000
  3.23  Of this appropriation, $575,000 is for 
  3.24  a grant to the natural resources 
  3.25  research institute. 
  3.26  Of this appropriation, $125,000 is for 
  3.27  a study of cold weather research needs 
  3.28  and opportunities.  The corporation 
  3.29  shall contract with the Minnesota cold 
  3.30  weather resource center for the study.  
  3.31  The study must address at least the 
  3.32  following: 
  3.33  (1) opportunities for research funded 
  3.34  by nonstate entities, including 
  3.35  businesses, to be conducted in 
  3.36  Minnesota; 
  3.37  (2) strategies to attract a significant 
  3.38  share of funded cold weather research 
  3.39  to Minnesota; 
  3.40  (3) types of facilities that are needed 
  3.41  to attract cold weather research 
  3.42  projects; 
  3.43  (4) recommended ownership structure and 
  3.44  lease arrangements with research 
  3.45  entities or businesses for such 
  3.46  facilities; and 
  3.47  (5) economic benefits that might accrue 
  3.48  to the people of Minnesota if a greater 
  3.49  amount of cold weather research is 
  3.50  conducted in the state. 
  3.51  The study may also include predesign or 
  3.52  architectural design of facilities for 
  3.53  cold weather research. 
  3.54  The corporation shall submit a report 
  3.55  of the study findings to the 
  3.56  legislature by January 1, 1998. 
  3.57  Sec. 4.  WORLD TRADE CENTER 
  4.1   CORPORATION                                               78,000 
  4.2   This appropriation is for the 
  4.3   corporation's December 31, 1996, debt 
  4.4   payment. 
  4.5   Sec. 5.  HOUSING FINANCE AGENCY                          550,000
  4.6   This appropriation is for transfer to 
  4.7   the housing development fund.  Of this 
  4.8   amount, $250,000 is for the community 
  4.9   rehabilitation program for the purpose 
  4.10  of acquiring, demolishing, removing, 
  4.11  rehabilitating, and reconfiguring 
  4.12  multiple-unit residential rental 
  4.13  property to reduce concentrations of 
  4.14  substandard multiple-unit rental 
  4.15  housing.  Priority shall be given to 
  4.16  projects that result in the creation of 
  4.17  a full range of housing opportunities, 
  4.18  including housing opportunities for 
  4.19  residents of the affected multiple-unit 
  4.20  rental housing, that will increase the 
  4.21  tax base and the income mix within a 
  4.22  community.  
  4.23  Of this amount, $300,000 is for the 
  4.24  family homeless prevention and 
  4.25  assistance program under Minnesota 
  4.26  Statutes, section 462A.204.  This 
  4.27  appropriation is available until 
  4.28  expended. 
  4.29  Sec. 6.  DEPARTMENT OF ECONOMIC
  4.30  SECURITY                                 810,000     16,340,000
  4.31  The amounts that may be spent from this 
  4.32  appropriation for each purpose are as 
  4.33  follows: 
  4.34  (a) Minnesota Youth Program      
  4.35         -0-          6,000,000 
  4.36  $6,000,000 is appropriated for fiscal 
  4.37  year 1997 for summer youth employment 
  4.38  programs.  Of this amount, $117,000 is 
  4.39  for YOUTHBUILD, under Minnesota 
  4.40  Statutes, sections 268.361 to 268.367, 
  4.41  and $250,000 is for the learn to earn 
  4.42  summer youth employment program 
  4.43  established under Laws 1995, chapter 
  4.44  224, sections 5 and 39, if Congress 
  4.45  appropriates at least $2,000,000 for 
  4.46  the federal title IIB, Job Training 
  4.47  Partnership Act (JTPA) 1996 Minnesota 
  4.48  summer youth program. 
  4.49  (b) Transitional housing 
  4.50         -0-            450,000
  4.51  This appropriation is for transitional 
  4.52  housing programs under Minnesota 
  4.53  Statutes, section 268.38, and is added 
  4.54  to the appropriations for fiscal year 
  4.55  1997 in Laws 1995, chapter 224, section 
  4.56  5, subdivision 3. 
  4.57  (c) Minnesota Workforce Center System  
  5.1          -0-            500,000 
  5.2   $500,000 is appropriated for fiscal 
  5.3   year 1997 to leverage federal dollars 
  5.4   in support of the establishment of a 
  5.5   public access computer system to 
  5.6   Minnesota Workforce System services. 
  5.7   (d) Employment Support Services 
  5.8          -0-            200,000 
  5.9   $200,000 is appropriated for employment 
  5.10  support services authorized by 
  5.11  Minnesota Statutes, section 268A.13.  
  5.12  Of this amount, up to $20,000 may be 
  5.13  used for administration. 
  5.14  (e) Home Energy Assistance 
  5.15         810,000        190,000 
  5.16  (1) $750,000 is available immediately 
  5.17  and until June 30, 1997, for low-income 
  5.18  home energy assistance under the 
  5.19  low-income home energy assistance block 
  5.20  grant, and is to be used and allocated 
  5.21  in the same manner as the federal money 
  5.22  is used and allocated.  
  5.23  (2) $60,000 is available immediately 
  5.24  and until June 30, 1997, for grants for 
  5.25  energy-related repairs to a home's 
  5.26  primary heat source.  
  5.27  (3) $190,000 is for the low-income home 
  5.28  weatherization program. 
  5.29  (f) Home energy assistance contingency 
  5.30           -0-        9,000,000
  5.31  This appropriation is from the budget 
  5.32  reserve account in the general fund for 
  5.33  low income home energy assistance and 
  5.34  grants for energy related repairs to a 
  5.35  home's primary heat source contingent 
  5.36  on the governor's determination that 
  5.37  federal money allocated to Minnesota 
  5.38  under the low income energy assistance 
  5.39  block grant for federal fiscal year 
  5.40  1996 has been reduced below the amount 
  5.41  received by Minnesota under that grant 
  5.42  in federal fiscal year 1995.  The 
  5.43  amount available from this contingent 
  5.44  appropriation shall be equal to the 
  5.45  reduction as determined by the governor.
  5.46  The commissioner shall report to the 
  5.47  legislature by January 21, 1997, on any 
  5.48  expenditures of this appropriation. 
  5.49  Sec. 7.  DEPARTMENT OF 
  5.50  COMMERCE                                  47,000         93,000
  5.51  This appropriation is from the 
  5.52  petroleum tank release cleanup fund and 
  5.53  is for legal services.  This 
  5.54  appropriation is added to the 
  5.55  appropriation in Laws 1995, chapter 
  5.56  224, section 7, subdivision 5. 
  6.1   Sec. 8.  DEPARTMENT OF LABOR
  6.2   AND INDUSTRY                               -0-        2,800,000
  6.3   This appropriation is from the special 
  6.4   compensation fund for the Daedalus 
  6.5   imaging systems project.  This 
  6.6   appropriation is added to the 
  6.7   appropriation in Laws 1995, chapter 
  6.8   224, section 12, subdivision 2. 
  6.9   Sec. 9.  PUBLIC UTILITIES COMMISSION     370,000          -0-    
  6.10  This appropriation is available 
  6.11  immediately and until June 30, 1998, 
  6.12  for the costs related to the duties of 
  6.13  the commission and team of science 
  6.14  advisors under Laws 1994, chapter 573. 
  6.15  Sec. 10.  MINNESOTA HISTORICAL 
  6.16  SOCIETY                                  174,000        951,000
  6.17  (a) Compensation 
  6.18         174,000        826,000
  6.19  This appropriation is for the purposes 
  6.20  of Minnesota Statutes, section 138.01, 
  6.21  subdivision 5. 
  6.22  (b) Farmamerica 
  6.23         -0-             50,000
  6.24  This appropriation is for a grant to 
  6.25  Farmamerica.  Notwithstanding any other 
  6.26  law this grant may be used for 
  6.27  operations. 
  6.28  (c) St. Anthony heritage board 
  6.29         -0-             75,000 
  6.30  This appropriation is for a grant to 
  6.31  the St. Anthony heritage board 
  6.32  established in Minnesota Statutes, 
  6.33  section 138.763. 
  6.34  Sec. 11.  MINNESOTA HUMANITIES 
  6.35  COMMISSION                               300,000        -0-    
  6.36  This appropriation is for fiscal year 
  6.37  1996 and is for moving expenses and 
  6.38  general operation and maintenance of 
  6.39  the Minnesota humanities commission's 
  6.40  new building.  This appropriation is 
  6.41  available until June 30, 1997. 
  6.42     Sec. 12.  [TRANSFER TO WORLD TRADE CENTER.] 
  6.43     The commissioner of trade and economic development shall 
  6.44  transfer, from the appropriations to the commissioner for the 
  6.45  federal city-state leveraged finance program, $50,000 in fiscal 
  6.46  year 1996 and $50,000 in fiscal year 1997 to the World Trade 
  6.47  Center Corporation.  The World Trade Center Corporation shall 
  6.48  use the amounts so transferred for operating expenses. 
  7.1      Sec. 13.  [DEPARTMENT OF PUBLIC SAFETY; DEPUTY REGISTRAR 
  7.2   RULES.] 
  7.3      Subdivision 1.  [RULE PROHIBITED.] Notwithstanding any 
  7.4   other law, the commissioner of public safety may not adopt any 
  7.5   rule that amends or replaces, or addresses substantially the 
  7.6   same subject matter as, a rule of the department in effect on 
  7.7   January 1, 1996, that regulates the solicitation or service area 
  7.8   of deputy motor vehicle registrar offices.  
  7.9      Subd. 2.  [REMOVAL OF INVENTORY.] Any rule of the 
  7.10  commissioner of public safety that prohibits the removal of 
  7.11  inventory from a deputy motor vehicle registrar office does not 
  7.12  apply to a deputy motor vehicle registrar who (1) for at least 
  7.13  five years before the effective date of this section has 
  7.14  provided customer service and inventory outside the deputy 
  7.15  registrar's office, and (2) before the effective date of the 
  7.16  rule requests in writing an exemption from the rule.  The 
  7.17  commissioner shall grant any request under this subdivision that 
  7.18  complies with this subdivision. 
  7.19     Subd. 3.  [REPORT.] The commissioner of public safety shall 
  7.20  report to the governor and legislature by January 1, 1997, on 
  7.21  the issue of restrictions on the solicitation or service area of 
  7.22  deputy motor vehicle registrar offices.  The report must 
  7.23  consider existing and proposed restrictions on deputy motor 
  7.24  vehicle registrar solicitation or service area and evaluate each 
  7.25  on the basis of administrative efficiency and public service. 
  7.26     Sec. 14.  [VOYAGEUR RECREATION AREA.] 
  7.27     Subdivision 1.  [ESTABLISHMENT.] A recreation zone called 
  7.28  the "Voyageur recreation area" is established and consists of 
  7.29  all contiguous land in Koochiching county and that part of St. 
  7.30  Louis county lying north of county highway 23 and west of county 
  7.31  highway 24 to the Canadian border. 
  7.32     Subd. 2.  [PURPOSE.] The purpose of the Voyageur recreation 
  7.33  area is to encourage and attract public and private funds in 
  7.34  order to diversify and promote economic development and 
  7.35  recreational and educational opportunities throughout the area. 
  7.36     Sec. 15.  [BOARD CREATED.] 
  8.1      Subdivision 1.  [MEMBERSHIP.] A Voyageur recreation area 
  8.2   board is created of nine members, with representation from the 
  8.3   following groups: 
  8.4      (1) International Falls Visitors and Convention Bureau; 
  8.5      (2) Kabetogama Lake association; 
  8.6      (3) Ash River/Crane Lake resort association; 
  8.7      (4) Koochiching county; 
  8.8      (5) St. Louis county; 
  8.9      (6) city of Orr; 
  8.10     (7) city of Ranier; 
  8.11     (8) city of International Falls; and 
  8.12     (9) city of Cook.  
  8.13     Subd. 2.  [TERMS.] The membership terms, removal, and 
  8.14  filling of vacancies of board members are as provided in 
  8.15  Minnesota Statutes, section 15.0575. 
  8.16     Subd. 3.  [CHAIR; OTHER OFFICERS.] The board shall annually 
  8.17  elect a chair and other officers as necessary from its members. 
  8.18     Sec. 16.  [POWERS.] 
  8.19     Subdivision 1.  [CONTRACTS.] The board may enter into 
  8.20  contracts and grant agreements necessary to carry out its 
  8.21  responsibilities. 
  8.22     Subd. 2.  [GIFTS; GRANTS.] The board may apply for, accept, 
  8.23  and disburse gifts, grants, or other property from the United 
  8.24  States, the state, private foundations, or any other source.  It 
  8.25  may enter into an agreement required for the gifts or grants and 
  8.26  may hold, use, and dispose of its assets in accordance with the 
  8.27  terms of the gift, grant, or agreement.  Money received by the 
  8.28  board under this subdivision must be deposited in a separate 
  8.29  account. 
  8.30     Sec. 17.  [UTILITY ASSESSMENT; STRAY VOLTAGE.] 
  8.31     Subdivision 1.  [AUTHORITY.] To provide funding for the 
  8.32  appropriation in section 9 for the costs of the commission and 
  8.33  team of science advisors under Laws 1994, chapter 573, the 
  8.34  public utilities commission and the department of public service 
  8.35  shall assess a total of up to $370,000 under Minnesota Statutes, 
  8.36  section 216B.62, against public and municipal utilities 
  9.1   providing electrical service and cooperative electric 
  9.2   associations.  The assessment must be deposited in the general 
  9.3   fund.  The assessment is not subject to the limits prescribed 
  9.4   under Minnesota Statutes, section 216B.62, subdivision 3.  The 
  9.5   assessment authority under this section is in addition to the 
  9.6   assessment authority contained in Laws 1994, chapter 573, 
  9.7   section 4. 
  9.8      Subd. 2.  [PROPORTIONAL ASSESSMENT; EXPENSES AND 
  9.9   ACTIVITIES.] Each utility or association shall be assessed in 
  9.10  proportion that its gross operating revenues for the sale of 
  9.11  electric service within the state for the last calendar year 
  9.12  bears to the total of those revenues for all public and 
  9.13  municipal utilities and cooperative associations. 
  9.14     Sec. 18.  [COMMUNITY REHABILITATION PROGRAM.] 
  9.15     The requirements in Laws 1995, chapter 224, section 6, 
  9.16  relating to use of the appropriation in that section for the 
  9.17  community rehabilitation program in cities of the first class in 
  9.18  the metropolitan area apply only to the city of St. Paul.  For 
  9.19  the city of Minneapolis the requirements as to the use of that 
  9.20  appropriation are as follows: 
  9.21     (1) it must be used in areas that are defined as 
  9.22  redirection and revitalization neighborhoods by the neighborhood 
  9.23  revitalization program under Minnesota Statutes, section 
  9.24  469.1831; and 
  9.25     (2) the area must include eight blocks in any direction 
  9.26  from the neighborhood boundary.  
  9.27     Sec. 19.  [ADMINISTRATIVE COSTS; CONTAMINATION CLEAN-UP 
  9.28  GRANTS.] 
  9.29     Up to 1.5 percent of the appropriation made in Laws 1995, 
  9.30  chapter 224, section 2, subdivision 2, for grants under 
  9.31  Minnesota Statutes 1994, sections 116J.551 to 116J.558, may be 
  9.32  expended for costs of the department of trade and economic 
  9.33  development incurred in administering those grants. 
  9.34     Sec. 20.  [GROUND VOLTAGE SCIENCE ADVISORS; IMMUNITY FROM 
  9.35  SUIT, INDEMNIFICATION.] 
  9.36     (a) A member of the team of science advisors charged with 
 10.1   studying, researching, or preparing the report required by Laws 
 10.2   1994, chapter 573, or serving in a liaison capacity on behalf of 
 10.3   the team of science advisors, is not liable for the content of 
 10.4   the preliminary assessment or final report, for any action taken 
 10.5   or project conducted on behalf of researching and preparing the 
 10.6   assessment and report, or for any action taken or consequence 
 10.7   resulting from or arising out of publication and dissemination 
 10.8   of the report.  This section does not provide immunity for 
 10.9   negligence or intentional misconduct of a member or a liaison. 
 10.10     (b) If a person referred to in paragraph (a) becomes a 
 10.11  party to a civil action or other legal or administrative 
 10.12  proceeding by reason of any action referred to in paragraph (a), 
 10.13  despite the intent of paragraph (a) to hold those persons immune 
 10.14  from suit, the state shall defend, save harmless, and indemnify 
 10.15  the person for any judgment or settlement and other costs 
 10.16  incurred in defense of the action or proceeding, unless the 
 10.17  person is found liable for negligent or intentional misconduct. 
 10.18     Sec. 21.  Laws 1995, chapter 224, section 5, subdivision 3, 
 10.19  is amended to read: 
 10.20  Subd. 3.  Community-Based Services 
 10.21      30,082,000     25,881,000
 10.22  $935,000 the first year and $935,000 
 10.23  the second year are for operating costs 
 10.24  of transitional housing programs under 
 10.25  Minnesota Statutes, section 268.38. 
 10.26  $7,000,000 the first year and 
 10.27  $7,000,000 the second year are for the 
 10.28  Minnesota economic opportunity grant 
 10.29  program.  Of this appropriation the 
 10.30  commissioner may use up to 8.7 percent 
 10.31  each year for state operations. 
 10.32  For the biennium ending June 30, 1997, 
 10.33  the commissioner shall transfer to the 
 10.34  low-income home weatherization program 
 10.35  at least five percent of the money 
 10.36  received under the low-income home 
 10.37  energy assistance block grant in each 
 10.38  year of the biennium and shall spend 
 10.39  all of the transferred money during the 
 10.40  year of the transfer or the year 
 10.41  following the transfer.  Up to 1.63 
 10.42  percent of the transferred money may be 
 10.43  used by the commissioner for 
 10.44  administrative purposes. 
 10.45  For the biennium ending June 30, 1997, 
 10.46  no more than 1.63 percent of money 
 10.47  remaining under the low-income home 
 11.1   energy assistance program after 
 11.2   transfers to the weatherization program 
 11.3   may be used by the commissioner for 
 11.4   administrative purposes. 
 11.5   The state appropriation for the 
 11.6   temporary emergency food assistance 
 11.7   program may be used to meet the federal 
 11.8   match requirements. 
 11.9   $100,000 the first year and $100,000 
 11.10  the second year are for youth 
 11.11  intervention programs under Minnesota 
 11.12  Statutes, section 268.30, subdivisions 
 11.13  1 and 2.  Funding may be used to expand 
 11.14  existing programs to serve unmet needs 
 11.15  and to create new programs in 
 11.16  underserved areas.  In awarding these 
 11.17  new funds, the commissioner may waive 
 11.18  or modify the requirement for local 
 11.19  match when this requirement deters 
 11.20  expansion to underserved communities or 
 11.21  populations.  This appropriation is 
 11.22  available until spent. 
 11.23  Notwithstanding Minnesota Statutes, 
 11.24  section 268.022, subdivision 2, the 
 11.25  commissioner of finance shall transfer 
 11.26  to the general fund from the dedicated 
 11.27  fund $3,000,000 in the first year and 
 11.28  $3,000,000 in the second year of the 
 11.29  money collected through the special 
 11.30  assessment established in Minnesota 
 11.31  Statutes, section 268.022, subdivision 
 11.32  1. 
 11.33  Of this appropriation, $3,000,000 the 
 11.34  first year is for summer youth 
 11.35  employment programs. 
 11.36  Of the money appropriated for the 
 11.37  summer youth employment programs for 
 11.38  the first year, $750,000 is immediately 
 11.39  available.  Any remaining balance of 
 11.40  the immediately available money is 
 11.41  available for the year in which it is 
 11.42  appropriated.  If the appropriation for 
 11.43  either year of the biennium is 
 11.44  insufficient, money may be transferred 
 11.45  from the appropriation for the other 
 11.46  year. 
 11.47  $200,000 the first year is for youth 
 11.48  employment and for housing for the 
 11.49  homeless through the YOUTHBUILD 
 11.50  program.  A Minnesota YOUTHBUILD 
 11.51  program funded under this section as 
 11.52  authorized in Minnesota Statutes, 
 11.53  sections 268.361 to 268.367 qualifies 
 11.54  as an approved training program under 
 11.55  Minnesota Rules, part 5200.0930, 
 11.56  subpart 1. 
 11.57  Of the appropriation for Head Start, 
 11.58  the commissioner may use up to two 
 11.59  percent each year for state operations. 
 11.60  Of this appropriation, $250,000 is for 
 11.61  the learn to earn summer youth 
 11.62  employment demonstration program 
 11.63  established in Laws 1995, chapter 224, 
 12.1   section 39.  This appropriation is 
 12.2   available until spent. 
 12.3      Sec. 22.  Laws 1994, chapter 573, section 1, subdivision 6, 
 12.4   is amended to read: 
 12.5      Subd. 6.  [RESEARCH DEADLINE.] The research conducted under 
 12.6   this section and any recommendations by the science advisors to 
 12.7   the commission must be completed and reported or made by June 
 12.8   30, 1996 1998. 
 12.9      Sec. 23.  Laws 1994, chapter 573, section 1, subdivision 7, 
 12.10  is amended to read: 
 12.11     Subd. 7.  [EXPIRATION.] The team of science advisors 
 12.12  expires June 30, 1996 1998. 
 12.13     Sec. 24.  Laws 1994, chapter 573, section 4, is amended to 
 12.14  read: 
 12.15     Sec. 4.  [ASSESSMENT.] 
 12.16     (a) To provide funding for activities required under this 
 12.17  act, the public utilities commission and the department of 
 12.18  public service shall assess a total of up to $548,000 under 
 12.19  Minnesota Statutes, section 216B.62, against public and 
 12.20  municipal utilities providing electrical service and cooperative 
 12.21  electric associations.  The assessment must be deposited in the 
 12.22  general fund.  The assessment is not subject to the limits 
 12.23  prescribed under Minnesota Statutes, section 216B.62, 
 12.24  subdivision 3. 
 12.25     (b) Each utility or association shall be assessed in 
 12.26  proportion that its gross operating revenues for the sale of 
 12.27  electric service within the state for the last calendar year 
 12.28  bears to the total of those revenues for all public and 
 12.29  municipal utilities and cooperative associations.  
 12.30     (c) Paragraphs (a) and (b) expire June 30, 1998.  
 12.31     Sec. 25.  Laws 1994, chapter 573, section 5, subdivision 1, 
 12.32  is amended to read: 
 12.33     Subdivision 1.  [PUBLIC UTILITIES COMMISSION; STUDY COSTS.] 
 12.34  $300,000 is appropriated from the general fund to the public 
 12.35  utilities commission. 
 12.36     $75,000 of this appropriation is for administrative 
 13.1   expenses of the commission under sections 1 and 2. 
 13.2      $225,000 of this appropriation is for expenses of the team 
 13.3   of scientific advisors and the commission liaison. 
 13.4      This appropriation remains available until June 30, 1996 
 13.5   1998.  
 13.6      Sec. 26.  Laws 1994, chapter 573, section 5, subdivision 2, 
 13.7   is amended to read: 
 13.8      Subd. 2.  [PUBLIC UTILITIES COMMISSION; RESEARCH PROJECTS 
 13.9   STUDY COSTS.] $150,000, or so much of this amount as may be 
 13.10  needed, is appropriated from the general fund to the public 
 13.11  utilities commission to initiate research projects in fiscal 
 13.12  year 1995 as recommended by the team of science advisors and 
 13.13  approved by the commission.  Any amount of This appropriation 
 13.14  that remains unencumbered after June 30, 1996, reverts to the 
 13.15  general fund does not cancel but is available until June 30, 
 13.16  1998. 
 13.17     Sec. 27.  Laws 1995, chapter 231, article 1, section 33, is 
 13.18  amended to read: 
 13.19     Sec. 33.  [APPROPRIATION.] 
 13.20     The $900,000 is appropriated from the special compensation 
 13.21  fund for the biennium ending June 30, 1997, to the department of 
 13.22  commerce shall be used for the purposes of rate regulation of 
 13.23  commercial self-insurance groups under Minnesota Statutes, 
 13.24  sections 79A.19 to 79A.32 and workers' compensation rate 
 13.25  regulation under Minnesota Statutes, sections 79.50 to 79.561.  
 13.26  The complement of the department of commerce is increased by 13 
 13.27  positions for the purposes of rate regulation. 
 13.28     Sec. 28.  Minnesota Statutes 1995 Supplement, section 
 13.29  79.561, subdivision 3, is amended to read: 
 13.30     Subd. 3.  [CONSULTANTS AND COSTS.] The commissioner may 
 13.31  retain consultants, including a consulting actuary or other 
 13.32  experts, that the commissioner determines necessary for purposes 
 13.33  of this chapter.  The salary limit set by section 43A.17 does 
 13.34  not apply to a consulting actuary retained under this 
 13.35  subdivision.  A consulting actuary shall be a fellow in the 
 13.36  casualty actuarial society and shall have demonstrated 
 14.1   experience in workers' compensation insurance ratemaking.  Any 
 14.2   individual not so qualified shall not render an opinion or 
 14.3   testify on actuarial aspects of a filing, including but not 
 14.4   limited to, data quality, loss development, and trending.  The 
 14.5   costs incurred in commissioner may determine the costs necessary 
 14.6   for implementing and conducting a contested case hearing under 
 14.7   subdivision 2, including, but not limited to, retaining any 
 14.8   consulting actuaries and experts, and those costs shall be 
 14.9   reimbursed by the special compensation fund. 
 14.10     Sec. 29.  [116J.8731] [MINNESOTA INVESTMENT FUND.] 
 14.11     Subdivision 1.  [PURPOSE.] The Minnesota investment fund is 
 14.12  created to provide financial assistance, through partnership 
 14.13  with communities, for the creation of new employment or to 
 14.14  maintain existing employment, and for business start-up, 
 14.15  expansions, and retention.  It shall accomplish these goals by 
 14.16  the following means: 
 14.17     (1) creation or retention of permanent private-sector jobs 
 14.18  in order to create above-average economic growth consistent with 
 14.19  environmental protection; 
 14.20     (2) stimulation or leverage of private investment to ensure 
 14.21  economic renewal and competitiveness; 
 14.22     (3) increasing the local tax base, based on demonstrated 
 14.23  measurable outcomes, to guarantee a diversified industry mix; 
 14.24     (4) improvement of employment and economic opportunity for 
 14.25  citizens in the region to create a reasonable standard of 
 14.26  living, consistent with federal and state guidelines on low- to 
 14.27  moderate-income persons; and 
 14.28     (5) stimulation of productivity growth through improved 
 14.29  manufacturing or new technologies, including cold weather 
 14.30  testing.  
 14.31     Subd. 2.  [ADMINISTRATION.] The commissioner shall 
 14.32  administer the fund as part of the small cities development 
 14.33  block grant program.  Funds shall be made available to local 
 14.34  communities and recognized Indian tribal governments in 
 14.35  accordance with the rules adopted for economic development 
 14.36  grants in the small cities community development block grant 
 15.1   program, except that all units of general purpose local 
 15.2   government are eligible applicants for Minnesota investment 
 15.3   funds.  A home rule charter or statutory city, county, or town 
 15.4   may loan or grant money under this section to a regional 
 15.5   development commission to provide the local match required for 
 15.6   capitalization of a regional revolving loan fund.  
 15.7      Subd. 3.  [ELIGIBLE EXPENDITURES.] The money appropriated 
 15.8   for this section may be used to provide grants for 
 15.9   infrastructure, loans, loan guarantees, interest buy-downs, and 
 15.10  other forms of participation with private sources of financing, 
 15.11  provided that a loan to a private enterprise must be for a 
 15.12  principal amount not to exceed one-half of the cost of the 
 15.13  project for which financing is sought. 
 15.14     Subd. 4.  [ELIGIBLE PROJECTS.] Assistance must be evaluated 
 15.15  on the existence of the following conditions: 
 15.16     (1) creation of new jobs or retention of existing jobs; 
 15.17     (2) increase in the tax base; 
 15.18     (3) the project can demonstrate that investment of public 
 15.19  dollars induces private funds; 
 15.20     (4) the project can demonstrate an excessive public 
 15.21  infrastructure or improvement cost beyond the means of the 
 15.22  affected community and private participants in the project; 
 15.23     (5) the project provides higher wage levels to the 
 15.24  community or will add value to current workforce skills; 
 15.25     (6) whether assistance is necessary to retain existing 
 15.26  business; and 
 15.27     (7) whether assistance is necessary to attract out-of-state 
 15.28  business.  
 15.29     A grant or loan cannot be made based solely on a finding 
 15.30  that the conditions in clause (6) or (7) exist.  A finding must 
 15.31  be made that a condition in clause (1), (2), (3), (4), or (5) 
 15.32  also exists. 
 15.33     Applications recommended for funding shall be submitted to 
 15.34  the commissioner. 
 15.35     Subd. 5.  [GRANT LIMITS.] A Minnesota investment fund grant 
 15.36  may not be approved for an amount in excess of $500,000. This 
 16.1   limit covers all money paid to complete the same project, 
 16.2   whether paid to one or more grant recipients and whether paid in 
 16.3   one or more fiscal years.  The portion of a Minnesota investment 
 16.4   fund grant that exceeds $100,000 must be repaid to the state 
 16.5   when it is repaid to the local community or recognized Indian 
 16.6   tribal government by the person or entity to which it was loaned 
 16.7   by the local community or Indian tribal government.  Money 
 16.8   repaid to the state must be credited to the general fund.  A 
 16.9   grant or loan may not be made to a person or entity for the 
 16.10  operation or expansion of a casino or a store which is used 
 16.11  solely or principally for retail sales.  Persons or entities 
 16.12  receiving grants or loans must pay each employee total 
 16.13  compensation, including benefits not mandated by law, that on an 
 16.14  annualized basis is equal to at least 110 percent of the federal 
 16.15  poverty level for a family of four. 
 16.16     Subd. 6.  [SPORTS FACILITY.] A Minnesota investment fund 
 16.17  grant or loan cannot be used for a project related to a sports 
 16.18  facility.  For the purpose of this subdivision, "sports 
 16.19  facility" means a building that has a professional sports team 
 16.20  as a principal tenant. 
 16.21     Subd. 7.  [CONTRACTUAL OBLIGATION.] A business receiving 
 16.22  Minnesota investment fund grants must demonstrate why the grant 
 16.23  is necessary for a project and enter into an agreement with the 
 16.24  local grantor.  The agreement, among other things, must obligate 
 16.25  the recipient to pay the minimum compensation set by this 
 16.26  section and meet job creation goals.  A recipient that breaches 
 16.27  the agreement must repay the grant directly to the commissioner. 
 16.28  Repayments under this subdivision must be deposited in the 
 16.29  general fund. 
 16.30     Sec. 30.  Minnesota Statutes 1995 Supplement, section 
 16.31  138.01, is amended by adding a subdivision to read: 
 16.32     Subd. 5.  The Minnesota historical society shall receive 
 16.33  specific appropriations each biennium to carry out the purposes 
 16.34  of subdivision 2.  The appropriation must be sufficient to pay 
 16.35  for salary and benefit related increases as determined by the 
 16.36  commissioner of employee relations in the commissioner's plan in 
 17.1   accordance with section 43A.18, subdivision 2, and the 
 17.2   legislature. 
 17.3      Sec. 31.  Minnesota Statutes 1994, section 138.35, is 
 17.4   amended by adding a subdivision to read: 
 17.5      Subd. 3.  [EMPLOYMENT OF PERSONNEL.] The state 
 17.6   archaeologist may employ personnel to assist in carrying out the 
 17.7   state archaeologist's duties, and may spend state appropriations 
 17.8   to compensate such personnel. 
 17.9      Sec. 32.  Minnesota Statutes 1994, section 138.664, is 
 17.10  amended by adding a subdivision to read: 
 17.11     Subd. 13a.  Burbank Livingston Griggs House; Ramsey county. 
 17.12     Sec. 33.  Minnesota Statutes 1994, section 138.763, 
 17.13  subdivision 1, is amended to read: 
 17.14     Subdivision 1.  [MEMBERSHIP.] There is a St. Anthony Falls 
 17.15  heritage board consisting of 19 22 members with the director of 
 17.16  the Minnesota historical society as chair.  The members include 
 17.17  the mayor,; the chair of the Hennepin county board of 
 17.18  commissioners or the chair's designee,; the president of the 
 17.19  Minneapolis park and recreation board or the president's 
 17.20  designee,; the superintendent of the park board,; two members 
 17.21  each from the house of representatives appointed by the speaker, 
 17.22  the senate appointed by the rules committee, the city council, 
 17.23  the Hennepin county board, and the park board, and; one member 
 17.24  each from the preservation commission, the preservation office, 
 17.25  Hennepin county historical society, and the society; one person 
 17.26  appointed by the park board; and two persons appointed by the 
 17.27  chair of the board. 
 17.28     Sec. 34.  Minnesota Statutes 1994, section 298.22, is 
 17.29  amended by adding a subdivision to read: 
 17.30     Subd. 6.  [EQUITY PARTICIPATION.] The board may acquire an 
 17.31  equity interest in any project for which it provides funding. 
 17.32     Sec. 35.  Minnesota Statutes 1994, section 469.056, 
 17.33  subdivision 2, is amended to read: 
 17.34     Subd. 2.  [CONTRACTS.] A port authority may contract to 
 17.35  erect, repair, maintain or operate docks, warehouses, terminals, 
 17.36  elevators, or other structures on or in connection with property 
 18.1   it owns or controls.  The authority may contract or arrange with 
 18.2   the federal government, or any of its departments, with persons, 
 18.3   public corporations, the state, or any of its political 
 18.4   subdivisions, commissions, or agencies, for separate or joint 
 18.5   action, on any matter related to using the authority's powers or 
 18.6   doing its duties.  The authority may contract to purchase and 
 18.7   sell real and personal property.  An obligation or expense must 
 18.8   not be incurred unless existing appropriations together with the 
 18.9   reasonably expected revenue of the port authority from other 
 18.10  sources are sufficient to discharge the obligation or pay the 
 18.11  expense when due.  The state and its municipal subdivisions are 
 18.12  not liable on the obligations.  Notwithstanding section 16A.695, 
 18.13  for leases or management contracts entered into with respect to 
 18.14  property acquired or bettered with the proceeds of state general 
 18.15  obligation bonds, (1) a seaway port authority may meet its 
 18.16  obligations and expenses of operating and reinvest in capital 
 18.17  improvements by retaining revenues received under the leases or 
 18.18  management contracts and is not required to pay lease or 
 18.19  management contract revenues to the commissioner of finance; and 
 18.20  (2) the lease or management contract entered into by a seaway 
 18.21  port authority must not be canceled or terminated as a result of 
 18.22  changes or termination by the state in the governmental program 
 18.23  of the seaway port authority unless compensation is paid as 
 18.24  provided by law. 
 18.25     Sec. 36.  Minnesota Statutes 1994, section 469.303, is 
 18.26  amended to read: 
 18.27     469.303 [ELIGIBILITY REQUIREMENTS.] 
 18.28     An area within the city is eligible for designation as an 
 18.29  enterprise zone if the area is (1) designated as includes census 
 18.30  tracts eligible for a proposed federal empowerment zone or 
 18.31  enterprise community as defined by the city in an application to 
 18.32  the United States Department of Housing and Urban Development 
 18.33  under Public Law Number 103-66, provided the city can 
 18.34  demonstrate that it can meet the notwithstanding the maximum 
 18.35  zone population standard under the federal empowerment zone 
 18.36  program for cities with a population under 500,000 or (2) an 
 19.1   area within a city of the second class that is designated as an 
 19.2   economically depressed area by the United States Department of 
 19.3   Commerce. 
 19.4      Sec. 37.  Minnesota Statutes 1995 Supplement, section 
 19.5   473.252, is amended to read: 
 19.6      473.252 [TAX BASE REVITALIZATION ACCOUNT.] 
 19.7      Subdivision 1.  [DEFINITION.] For the purposes of this 
 19.8   section, "municipality" means a statutory or home rule charter 
 19.9   city or town participating in the local housing incentives 
 19.10  program under section 473.254, or a county in the metropolitan 
 19.11  area.  
 19.12     Subd. 1a.  [DEVELOPMENT AUTHORITY.] For the purpose of this 
 19.13  section, "development authority" means a statutory or home rule 
 19.14  charter city, housing and redevelopment authority, economic 
 19.15  development authority, or a port authority. 
 19.16     Subd. 2.  [SOURCES OF FUNDS.] The council shall credit to 
 19.17  the tax base revitalization account within the fund the amount, 
 19.18  if any, provided for under section 473.167, subdivision 3a, 
 19.19  paragraph (b), and the amount, if any, distributed to the 
 19.20  council under section 473F.08, subdivision 3b. 
 19.21     Subd. 3.  [DISTRIBUTION OF FUNDS.] (a) The council must use 
 19.22  the funds in the account to make grants to municipalities or 
 19.23  development authorities for the cleanup of polluted land in the 
 19.24  metropolitan area.  A grant to a metropolitan county or a 
 19.25  development authority must be used for a project in a 
 19.26  participating municipality.  The council shall prescribe and 
 19.27  provide the grant application form to municipalities.  The 
 19.28  council must consider the probability of funding from other 
 19.29  sources when making grants under this section. 
 19.30     (b)(1) The legislature expects that applications for grants 
 19.31  will exceed the available funds and the council will be able to 
 19.32  provide grants to only some of the applicant municipalities.  If 
 19.33  applications for grants for qualified sites exceed the available 
 19.34  funds, the council shall make grants that provide the highest 
 19.35  return in public benefits for the public costs incurred, that 
 19.36  encourage commercial and industrial development that will lead 
 20.1   to the preservation or growth of living-wage jobs and that 
 20.2   enhance the tax base of the recipient municipality. 
 20.3      (2) In making grants, the council shall establish regular 
 20.4   application deadlines in which grants will be awarded from the 
 20.5   available money in the account.  If the council provides for 
 20.6   application cycles of less than six-month intervals, the council 
 20.7   must reserve at least 40 percent of the receipts of the account 
 20.8   for a year for application deadlines that occur in the second 
 20.9   half of the year.  If the applications for grants exceed the 
 20.10  available funds for an application cycle, no more than one-half 
 20.11  of the funds may be granted to projects in a statutory or home 
 20.12  rule charter city and no more than three-quarters of the funds 
 20.13  may be granted to projects located in cities of the first class. 
 20.14     (c) A municipality may use the grant to provide a portion 
 20.15  of the local match requirement for project costs that qualify 
 20.16  for a grant under sections 116J.551 to 116J.557. 
 20.17     Sec. 38.  Laws 1980, chapter 595, section 3, as amended by 
 20.18  Laws 1985, chapter 194, section 29; Laws 1988, chapter 572, 
 20.19  section 2; and Laws 1988, chapter 594, sections 1 to 4, is 
 20.20  amended by adding a subdivision to read: 
 20.21     Subd. 13.  [ECONOMIC DEVELOPMENT.] When the agency 
 20.22  exercises its powers for industrial development or to establish 
 20.23  industrial development districts for purposes under Minnesota 
 20.24  Statutes, sections 469.048 to 469.068, the term "industrial," 
 20.25  when used in relation to industrial development purposes, 
 20.26  includes "economic" and "economic development." 
 20.27     Sec. 39.  [NEW TECHNOLOGY TRAINING.] 
 20.28     The house of representatives may spend funds carried 
 20.29  forward from its appropriations for the biennium ending June 30, 
 20.30  1995, for costs associated with training for new technology. 
 20.31     Sec. 40.  [REPEALER.] 
 20.32     (a) Minnesota Statutes 1994, sections 116J.873, 
 20.33  subdivisions 1, 2, and 4; and 138.662, subdivision 5; and 
 20.34  Minnesota Statutes 1995 Supplement, section 116J.873, 
 20.35  subdivisions 3 and 5, are repealed. 
 20.36     (b) Minnesota Statutes 1994, section 268.9783, subdivision 
 21.1   8; and Laws 1988, chapter 684, article 1, section 23, are 
 21.2   repealed.  
 21.3      Sec. 41.  [EFFECTIVE DATE.] 
 21.4      Sections 12 to 28, 30, 31, and 33 to 39; section 40, 
 21.5   paragraph (b); and all provisions making appropriations for 
 21.6   fiscal year 1996, are effective the day following final 
 21.7   enactment.  Section 29; and section 40, paragraph (a), are 
 21.8   effective July 1, 1996.