1.1 A bill for an act
1.2 relating to the organization and operation of state
1.3 government; appropriating money for the general
1.4 legislative and administrative expenses of state
1.5 government; modifying provisions relating to state
1.6 government operations; modifying information
1.7 technology provisions; providing for community-based
1.8 planning; modifying provisions relating to the
1.9 municipal board; establishing dispute resolution
1.10 procedures; providing criminal penalties; amending
1.11 Minnesota Statutes 1996, sections 1.34, subdivision 2;
1.12 3.056; 3.099, subdivision 3; 3.225, subdivision 1;
1.13 3.85, subdivision 3; 10A.09, subdivision 6; 10A.20,
1.14 subdivision 2; 14.47, subdivision 8; 15.0597,
1.15 subdivisions 5 and 7; 15.0599, subdivision 4; 16A.10,
1.16 subdivision 2; 16A.103, subdivision 1; 16A.11,
1.17 subdivisions 1, 3b, and 3c; 16A.1285, subdivision 3;
1.18 16A.129, subdivision 3; 16A.15, subdivision 3;
1.19 16A.642, subdivision 1, and by adding a subdivision;
1.20 16B.05, subdivision 2; 16B.20, subdivision 2; 16B.24,
1.21 subdivision 5; 16B.35, by adding a subdivision;
1.22 16B.42, subdivision 1; 16B.465; 16B.467; 16B.70,
1.23 subdivision 2; 43A.17, subdivision 4; 43A.38,
1.24 subdivision 4; 115.49, by adding a subdivision;
1.25 116P.05, subdivision 1; 138.31, by adding a
1.26 subdivision; 138.35; 138.91, by adding a subdivision;
1.27 151.21, by adding a subdivision; 176.611, by adding a
1.28 subdivision; 327.33, subdivision 2; 327B.04,
1.29 subdivision 7; 349.163, subdivision 4; 356.865,
1.30 subdivision 3; 363.073, subdivision 1; 394.23; 394.24,
1.31 subdivision 1; 403.02, subdivision 2, and by adding a
1.32 subdivision; 403.08, by adding a subdivision; 403.11,
1.33 subdivision 2; 403.113, subdivisions 1, 2, 3, and 4;
1.34 403.13; 414.0325, subdivision 1; 414.033, subdivisions
1.35 2b, 11, and 12; 422A.101, subdivision 3; 462.352,
1.36 subdivisions 5, 6, and by adding a subdivision;
1.37 462.357, subdivision 2; 473.894, subdivision 3; and
1.38 475A.06, subdivision 7; proposing coding for new law
1.39 in Minnesota Statutes, chapters 4A; 16B; 43A; 62J;
1.40 197; 394; 403; 414; 462; 465; and 473; proposing
1.41 coding for new law as Minnesota Statutes, chapters 16E
1.42 and 572A; repealing Minnesota Statutes 1996, sections
1.43 10A.21; 15.95; 15.96; 16B.40; 16B.41; 16B.43; 16B.58,
1.44 subdivision 8; 138.35, subdivision 3; and 414.033,
1.45 subdivision 2a.
2.1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.2 ARTICLE 1
2.3 APPROPRIATIONS
2.4 Section 1. [STATE GOVERNMENT APPROPRIATIONS.]
2.5 The sums shown in the columns marked "APPROPRIATIONS" are
2.6 appropriated from the general fund, or another fund named, to
2.7 the agencies and for the purposes specified in this act, to be
2.8 available for the fiscal years indicated for each purpose. The
2.9 figures "1998" and "1999," where used in this act, mean that the
2.10 appropriation or appropriations listed under them are available
2.11 for the year ending June 30, 1998, or June 30, 1999,
2.12 respectively.
2.13 SUMMARY BY FUND
2.14 BIENNIAL
2.15 1998 1999 TOTAL
2.16 General $338,665,000 $309,544,000 $648,209,000
2.17 State
2.18 Government
2.19 Special Revenue 11,866,000 13,311,000 25,177,000
2.20 Environmental 224,000 229,000 453,000
2.21 Solid Waste Fund 445,000 450,000 895,000
2.22 Lottery Prize
2.23 Fund 1,300,000 1,150,000 2,450,000
2.24 Highway User
2.25 Tax Distribution 2,044,000 2,091,000 4,135,000
2.26 Trunk Highway 37,000 37,000 74,000
2.27 Workers'
2.28 Compensation 4,207,000 4,295,000 8,502,000
2.29 TOTAL $358,788,000 $331,107,000 $689,895,000
2.30 APPROPRIATIONS
2.31 Available for the Year
2.32 Ending June 30
2.33 1998 1999
2.34 Sec. 2. LEGISLATURE
2.35 Subdivision 1. Total
2.36 Appropriation 55,248,000 56,301,000
2.37 Summary by Fund
2.38 General 55,211,000 56,264,000
2.39 Trunk Highway 37,000 37,000
2.40 The amounts that may be spent from this
2.41 appropriation for each program are
3.1 specified in the following subdivisions.
3.2 Subd. 2. Senate 18,974,000 17,743,000
3.3 Subd. 3. House of Representatives 24,116,000 25,801,000
3.4 Subd. 4. Legislative
3.5 Coordinating Commission 12,158,000 12,757,000
3.6 Summary by Fund
3.7 General 12,121,000 12,720,000
3.8 Trunk Highway 37,000 37,000
3.9 $4,754,000 the first year and
3.10 $5,362,000 the second year are for the
3.11 office of the revisor of statutes.
3.12 $1,030,000 the first year and
3.13 $1,052,000 the second year are for the
3.14 legislative reference library.
3.15 $4,615,000 the first year and
3.16 $4,622,000 the second year are for the
3.17 office of the legislative auditor.
3.18 $8,000 the first year and $8,000 the
3.19 second year are to provide additional
3.20 funding for the legislative
3.21 coordinating commission to contract for
3.22 sign language interpreter services for
3.23 meetings in Minnesota with legislators.
3.24 $18,000 the first year is for the
3.25 corporate subsidy reform commission
3.26 created by this act and is available
3.27 until June 30, 1999.
3.28 $65,000 the first year is for expenses
3.29 of the information policy task force
3.30 created by this act and is available
3.31 until June 30, 1999.
3.32 Sec. 3. GOVERNOR AND
3.33 LIEUTENANT GOVERNOR 3,816,000 3,884,000
3.34 This appropriation is to fund the
3.35 offices of the governor and lieutenant
3.36 governor.
3.37 $19,000 the first year and $19,000 the
3.38 second year are for necessary expenses
3.39 in the normal performance of the
3.40 governor's and lieutenant governor's
3.41 duties for which no other reimbursement
3.42 is provided.
3.43 By September 1 of each year, the
3.44 commissioner of finance shall report to
3.45 the chairs of the senate governmental
3.46 operations budget division and the
3.47 house state government finance division
3.48 any personnel costs incurred by the
3.49 office of the governor and lieutenant
3.50 governor that were supported by
3.51 appropriations to other agencies during
3.52 the previous fiscal year. The office
3.53 of the governor shall inform the chairs
3.54 of the divisions before initiating any
3.55 interagency agreements.
4.1 Sec. 4. STATE AUDITOR 7,718,000 7,916,000
4.2 Sec. 5. STATE TREASURER 2,070,000 2,134,000
4.3 $1,000,000 the first year and
4.4 $1,000,000 the second year are for the
4.5 treasurer to pay for banking services
4.6 by fees rather than by compensating
4.7 balances.
4.8 Sec. 6. ATTORNEY GENERAL 27,683,000 26,946,000
4.9 Summary by Fund
4.10 General 25,261,000 24,441,000
4.11 State Government
4.12 Special Revenue 1,849,000 1,924,000
4.13 Environmental 128,000 131,000
4.14 Solid Waste Fund 445,000 450,000
4.15 $25,000 the first year is for the
4.16 attorney general to continue a study of
4.17 gender equity in athletics, to be
4.18 available until June 30, 1999.
4.19 Sec. 7. SECRETARY OF STATE 5,937,000 5,914,000
4.20 $34,000 the first year and $26,000 the
4.21 second year are for administrative
4.22 expenses related to the uniform
4.23 partnership act, 1997 S.F. No. 298, if
4.24 enacted.
4.25 $50,000 the first year is for licensing
4.26 digital signature certification
4.27 authorities under 1997 S.F. No. 173, if
4.28 enacted.
4.29 Sec. 8. BOARD OF PUBLIC DISCLOSURE 593,000 483,000
4.30 The board shall not adopt any new
4.31 administrative rules governing the
4.32 provisions outlined in Minnesota Rules,
4.33 chapter 4503 until after February 1,
4.34 1999.
4.35 Sec. 9. INVESTMENT BOARD 2,163,000 2,247,000
4.36 Sec. 10. ADMINISTRATIVE HEARINGS 4,107,000 4,195,000
4.37 This appropriation is from the workers'
4.38 compensation special compensation fund
4.39 for considering workers' compensation
4.40 claims.
4.41 Sec. 11. OFFICE OF STRATEGIC
4.42 AND LONG-RANGE PLANNING 4,973,000 5,317,000
4.43 $175,000 the first year and $175,000
4.44 the second year are for statewide
4.45 grants to implement teen courts pilot
4.46 projects. Up to five percent of the
4.47 appropriation may be used to administer
4.48 the program. This appropriation shall
4.49 not be included in the agency's base
4.50 for future bienniums.
4.51 $165,000 the first year and $165,000
5.1 the second year are for community-based
5.2 planning and the advisory council on
5.3 community-based planning.
5.4 $375,000 the second year is for
5.5 planning grants to counties, joint
5.6 planning districts that include at
5.7 least one county, or to a county and
5.8 one or more municipalities within the
5.9 county, when they submit a joint
5.10 planning application to prepare
5.11 community-based plans. A county
5.12 receiving a grant may provide funding
5.13 to municipalities within the county for
5.14 purposes of the grant. The office
5.15 shall give priority for grants to joint
5.16 planning districts or joint
5.17 applications from a county and one or
5.18 more municipalities. This
5.19 appropriation is available until June
5.20 30, 2000.
5.21 $375,000 the second year is for
5.22 technology grants to counties, or joint
5.23 planning districts that include at
5.24 least one county, that elect to prepare
5.25 community-based plans. This
5.26 appropriation is available until June
5.27 30, 2000.
5.28 $350,000 the first year is to make a
5.29 grant to a joint powers board, if one
5.30 is established by the counties of
5.31 Benton, Sherburne, and Stearns, and the
5.32 cities of St. Cloud, Waite Park,
5.33 Sartell, St. Joseph, and Sauk Rapids,
5.34 for the purposes of joint planning
5.35 under this act. Other cities and towns
5.36 within the counties may elect to
5.37 participate in the joint planning
5.38 district. The director may make the
5.39 grant once the joint powers board has
5.40 been formed and a copy of the joint
5.41 powers agreement has been received by
5.42 the director. Members of the joint
5.43 powers board may delegate their
5.44 authority to adopt official controls to
5.45 the joint powers board.
5.46 $150,000 the first year is to make
5.47 three grants to additional counties or
5.48 joint powers boards selected to
5.49 participate in the community-based
5.50 planning pilot project. A county that
5.51 receives a grant from this
5.52 appropriation may provide funding to
5.53 municipalities within the county for
5.54 purposes relating to the grant.
5.55 Sec. 12. ADMINISTRATION
5.56 Subdivision 1. Total
5.57 Appropriation 49,349,000 46,486,000
5.58 Summary by Fund
5.59 General 39,732,000 35,499,000
5.60 State Government
5.61 Special Revenue 9,617,000 10,987,000
6.1 The amounts that may be spent from this
6.2 appropriation for each program are
6.3 specified in the following subdivisions.
6.4 Subd. 2. Operations Management
6.5 4,107,000 3,563,000
6.6 $183,000 the first year and $67,000 the
6.7 second year are for prescription drug
6.8 contracting activities.
6.9 During the biennium ending June 30,
6.10 1999, for any executive agency contract
6.11 that is subject to Minnesota Statutes,
6.12 section 363.073, the commissioner shall
6.13 ensure to the extent practical and to
6.14 the extent consistent with the business
6.15 needs of the state, before the agency
6.16 enters into the contract, that the
6.17 company to receive the contract
6.18 attempts to recruit Minnesota welfare
6.19 recipients to fill vacancies in entry
6.20 level positions, if the company has
6.21 entry level employees in Minnesota.
6.22 Up to $500,000 the first year is for
6.23 the commissioner to conduct a study to
6.24 determine if there is sufficient
6.25 justification under a strict scrutiny
6.26 standard to continue or establish a
6.27 narrowly tailored purchasing program
6.28 for the benefit of any socially
6.29 disadvantaged groups. In conducting
6.30 this study, to the extent practical the
6.31 commissioner shall use data gathered
6.32 for similar studies in Hennepin and
6.33 Ramsey counties. The commissioner may
6.34 also study and recommend alternatives
6.35 for race and gender neutral programs to
6.36 stimulate growth opportunities for
6.37 small businesses. The study of these
6.38 alternatives may include, but is not
6.39 limited to, increasing outreach
6.40 efforts, evaluating contract purchasing
6.41 procedures, providing increased
6.42 information and feedback to small
6.43 businesses, eliminating or reducing
6.44 bonding and insurance requirements, and
6.45 mentoring and education. The
6.46 commissioner shall report to the
6.47 governor and the legislature by March
6.48 16, 1998.
6.49 Subd. 3. Facilities Management
6.50 11,734,000 11,202,000
6.51 $2,250,000 the first year and
6.52 $2,250,000 the second year are for
6.53 repair and maintenance of state
6.54 facilities under the custodial control
6.55 of the commissioner of administration.
6.56 When the museum-quality portrait of
6.57 Rudy and Lola Perpich authorized by
6.58 this act is completed, the commissioner
6.59 shall substitute it for the portrait of
6.60 Governor Rudy Perpich that currently is
6.61 displayed on the ground floor of the
6.62 State Capitol.
7.1 $650,000 is for the commissioner of
7.2 administration to acquire the building
7.3 in Ely currently used by the department
7.4 of revenue. The commissioner shall
7.5 cause the building to be appraised by a
7.6 qualified appraiser. The commissioner
7.7 shall submit the report of the
7.8 appraisal to the chairs of the senate
7.9 committees on taxes and state
7.10 government finance and to the chairs of
7.11 the house committees on taxes and ways
7.12 and means for their review and
7.13 comments. The commissioner may not
7.14 acquire the building until 30 days
7.15 after the report of the appraisal was
7.16 received by the chairs or until the
7.17 chairs have all submitted their
7.18 comments to the commissioner, whichever
7.19 occurs first.
7.20 $5,187,000 the first year and
7.21 $5,249,000 the second year are for
7.22 office space costs of the legislature
7.23 and veterans organizations, for
7.24 ceremonial space, and for statutorily
7.25 free space.
7.26 The commissioner of administration
7.27 shall examine the feasibility and
7.28 practicality of relocating the division
7.29 of emergency services to larger
7.30 quarters outside the capitol.
7.31 Subd. 4. Fiscal Agent
7.32 1,060,000 160,000
7.33 (a) Children's Museum
7.34 160,000 160,000
7.35 This appropriation is for a grant to
7.36 the Minnesota Children's Museum.
7.37 (b) Voyageur Center
7.38 $250,000 the first year is for a grant
7.39 to the city of International Falls for
7.40 the predesign and design of an
7.41 interpretive library and conference
7.42 center. The center shall provide
7.43 educational opportunities and enhance
7.44 tourism by presenting information and
7.45 displays that preserve and interpret
7.46 the history of the voyageurs and
7.47 animals involved with the voyageurs,
7.48 emphasizing the importance of the fur
7.49 trade to the history and development of
7.50 the region and the state. The center
7.51 shall include conference facilities.
7.52 The center shall be located in the city
7.53 of International Falls. The city may
7.54 enter into a lease or management
7.55 contract with a nonprofit entity for
7.56 operation of the center. In developing
7.57 plans for the facility, the
7.58 commissioner must consult with the
7.59 small business development center
7.60 located at Rainy River Community
7.61 College.
8.1 (c) Hockey Hall of Fame
8.2 $200,000 the first year is for a grant
8.3 to the hockey hall of fame in Eveleth
8.4 for capital improvements and building
8.5 and grounds maintenance. Any money not
8.6 spent the first year is available the
8.7 second year.
8.8 (d) American Bald Eagle Center
8.9 $450,000 the first year is for a grant
8.10 to the city of Wabasha to acquire and
8.11 prepare a site for and to predesign and
8.12 design the American Bald Eagle Center,
8.13 to be available until June 30, 1999.
8.14 Subd. 5. Administrative Management
8.15 2,633,000 2,659,000
8.16 $2,000 the first year and $2,000 the
8.17 second year are for the state
8.18 employees' band.
8.19 $175,000 the first year and $175,000
8.20 the second year are for the STAR
8.21 program.
8.22 $187,000 the first year and $190,000
8.23 the second year are for the office of
8.24 the state archaeologist.
8.25 $30,000 the first year is for the
8.26 office of the state archaeologist to
8.27 identify Indian burial mounds
8.28 throughout the state and to provide
8.29 information about these burial mounds
8.30 to units of local government.
8.31 Subd. 6. Management Analysis
8.32 584,000 658,000
8.33 Subd. 7. Technology Management
8.34 24,401,000 24,028,000
8.35 Summary by Fund
8.36 General 14,784,000 13,041,000
8.37 State Government
8.38 Special Revenue 9,617,000 10,987,000
8.39 The appropriation from the special
8.40 revenue fund is for recurring costs of
8.41 911 emergency telephone service.
8.42 $724,000 the first year and $936,000
8.43 the second year are for the network
8.44 telecommunications initiative. It is
8.45 intended that portions of this
8.46 appropriation be transferred to other
8.47 agencies to fund project costs. The
8.48 commissioner is authorized to make the
8.49 transfers with the advance approval of
8.50 the commissioner of finance.
8.51 $12,500,000 the first year and
8.52 $10,500,000 the second year are for
9.1 modification of state business systems
9.2 to address year 2000 changes.
9.3 $8,000,000 the first year is placed in
9.4 a contingent account and is available
9.5 only upon approval of the governor,
9.6 after consultation with the legislative
9.7 advisory commission. The commissioner
9.8 shall report to the legislature by
9.9 December 15, 1997, on progress of the
9.10 project. This appropriation is not
9.11 available until the commissioner has
9.12 determined that all other money
9.13 allocated for replacement or
9.14 enhancement of existing technology for
9.15 year 2000 compliance will be expended.
9.16 Each request for additional funding
9.17 must include the following
9.18 information: (1) a complete
9.19 description of the impact if the
9.20 information system is not upgraded for
9.21 year 2000 compliance; (2) a description
9.22 of other means of addressing the
9.23 problem if additional funding is not
9.24 provided; and (3) a description of
9.25 problems that may impact other systems
9.26 if the funding is not provided.
9.27 $280,000 the first year and $281,000
9.28 the second year are for the
9.29 intergovernmental information systems
9.30 advisory council.
9.31 Funds that were made available to
9.32 develop the local government financial
9.33 reporting system in Laws 1994, chapter
9.34 587, article 3, section 3, clause (5),
9.35 shall also be used to implement and
9.36 operate the system.
9.37 The intergovernmental information
9.38 systems advisory council shall create a
9.39 committee to provide direction for the
9.40 ongoing operation and maintenance of
9.41 the local government financial
9.42 reporting system similar to the
9.43 recommendation made in the initial
9.44 report to the legislative commission on
9.45 planning and fiscal policy. Members
9.46 shall include one member each from the
9.47 legislature, office of the state
9.48 auditor, department of revenue,
9.49 department of finance, counties,
9.50 cities, townships, special districts,
9.51 and a member from the general financial
9.52 community.
9.53 Subd. 8. Public Broadcasting
9.54 4,830,000 4,216,000
9.55 $1,700,000 the first year and
9.56 $1,700,000 the second year are for
9.57 matching grants for public television.
9.58 $250,000 the first year and $250,000
9.59 the second year are a one-biennium
9.60 appropriation and must not be included
9.61 in the budget base for the next
9.62 biennium. Public television grant
9.63 recipients shall give special emphasis
9.64 to children's programming. In
9.65 addition, public television grant
10.1 recipients shall promote program and
10.2 outreach initiatives that will increase
10.3 literacy and attempt to reduce youth
10.4 violence in our communities.
10.5 $700,000 the first year and $700,000
10.6 the second year are for public
10.7 television equipment needs. $100,000
10.8 the first year and $100,000 the second
10.9 year are a one-biennium appropriation
10.10 and must not be included in the budget
10.11 base for the next biennium. Equipment
10.12 grant allocations shall be made after
10.13 considering the recommendations of the
10.14 Minnesota public television association.
10.15 $750,000 the first year is for a
10.16 one-time grant to Twin Cities public
10.17 television to construct a digital
10.18 broadcast transmission facility and
10.19 develop high-definition digital
10.20 television capability. Twin Cities
10.21 public television will work with the
10.22 University of Minnesota and other
10.23 higher education institutions to
10.24 explore and demonstrate educational
10.25 uses of the broadcast services funded
10.26 by this appropriation. This
10.27 appropriation must be matched equally
10.28 from nonstate sources.
10.29 $305,000 the first year and $441,000
10.30 the second year are for grants for
10.31 public information television
10.32 transmission of legislative
10.33 activities. At least one-half must go
10.34 for programming to be broadcast in
10.35 rural Minnesota.
10.36 $25,000 the first year and $25,000 the
10.37 second year are for grants to the Twin
10.38 Cities regional cable channel.
10.39 $400,000 the first year and $400,000
10.40 the second year are for community
10.41 service grants to public educational
10.42 radio stations, which must be allocated
10.43 after considering the recommendations
10.44 of the Association of Minnesota Public
10.45 Educational Radio Stations under
10.46 Minnesota Statutes, section 129D.14.
10.47 $80,000 the first year and $80,000 the
10.48 second year are a one-biennium
10.49 appropriation and must not be included
10.50 in the budget base for the next
10.51 biennium.
10.52 $925,000 the first year and $925,000
10.53 the second year are for equipment
10.54 grants to public radio stations.
10.55 $431,000 the first year and $431,000
10.56 the second year are a one-biennium
10.57 appropriation and must not be included
10.58 in the budget base for the next
10.59 biennium. These grants must be
10.60 allocated after considering the
10.61 recommendations of the Association of
10.62 Minnesota Public Educational Radio
10.63 Stations and Minnesota Public Radio,
10.64 Inc.
11.1 If an appropriation for either year for
11.2 grants to public television or radio
11.3 stations is not sufficient, the
11.4 appropriation for the other year is
11.5 available for it.
11.6 $25,000 the first year and $25,000 the
11.7 second year are for a grant to the
11.8 association of Minnesota public
11.9 education radio stations for station
11.10 KMOJ. This money may be used for
11.11 equipment. This appropriation is
11.12 separate from and in addition to money
11.13 appropriated for stations affiliated
11.14 with Minnesota Public Radio and the
11.15 Association of Minnesota Public Radio
11.16 Stations.
11.17 Before receiving funding under this
11.18 section, each public radio or public
11.19 television station or network that is
11.20 to receive funding must agree to submit
11.21 a report to the commissioner. The
11.22 report must list all sources of revenue
11.23 for the station or network and any
11.24 for-profit subsidiaries. This must
11.25 include all federal, state, or local
11.26 funds received; private and corporate
11.27 gifts, grants, and other donations,
11.28 including conditions placed on the use
11.29 of these; investment earnings; and a
11.30 programming list. This report must be
11.31 submitted annually beginning in 1998.
11.32 Each report must cover the previous
11.33 year. This paragraph does not apply to
11.34 grants for public information
11.35 television transmission of legislative
11.36 activities.
11.37 Sec. 13. OFFICE OF TECHNOLOGY 5,161,000 2,777,000
11.38 $2,326,000 the first year and
11.39 $2,377,000 the second year are for the
11.40 administrative operations of the office
11.41 of technology.
11.42 $935,000 the first year is for the
11.43 North Star online information service
11.44 under new Minnesota Statutes, section
11.45 16E.07. Any unencumbered balance
11.46 remaining in the first year does not
11.47 cancel and is available for the second
11.48 year of the biennium.
11.49 $500,000 the first year is to develop
11.50 an electronic system to allow the
11.51 public to retrieve by computer business
11.52 license information prepared by the
11.53 commissioner of economic development,
11.54 as required by new Minnesota Statutes,
11.55 section 16E.08. Any unencumbered
11.56 balance remaining in the first year
11.57 does not cancel and is available for
11.58 the second year of the biennium. The
11.59 executive director shall report to the
11.60 legislature by January 15, 1998, on
11.61 progress of the project.
11.62 $400,000 the first year and $400,000
11.63 the second year are to develop a United
11.64 Nations trade point in the state under
12.1 new Minnesota Statutes, section
12.2 16E.11. If the appropriation for
12.3 either year is insufficient, the
12.4 appropriation for the other year is
12.5 available for it.
12.6 $500,000 the first year is to support
12.7 activities associated with a
12.8 plenipotentiary conference of the
12.9 International Telecommunications Union.
12.10 $500,000 the first year is to operate
12.11 the Internet Center under new Minnesota
12.12 Statutes, section 16E.12, and to
12.13 develop community technology resources
12.14 under new Minnesota Statutes, section
12.15 16E.13. Any unencumbered balance
12.16 remaining in the first year does not
12.17 cancel and is available for the second
12.18 year of the biennium.
12.19 Sec. 14. CAPITOL AREA ARCHITECTURAL
12.20 AND PLANNING BOARD 761,000 289,000
12.21 $455,000 the first year is for two
12.22 governors' portraits, predesign of a
12.23 memorial to Coya Knutson, design and
12.24 construction of a memorial to Hubert H.
12.25 Humphrey, and completion of the
12.26 Minnesota women's suffrage memorial
12.27 garden and is available until
12.28 expended. The portrait of Rudy and
12.29 Lola Perpich must be a museum-quality
12.30 oil painting based on the portrait of
12.31 Rudy and Lola Perpich currently on
12.32 display at the Minnesota Historical
12.33 Society.
12.34 The capitol area architectural and
12.35 planning board shall develop standards
12.36 for the content, construction, and
12.37 materials used for the official
12.38 portrait of a governor that is to be
12.39 hung in the state capitol. The board
12.40 shall give particular attention to the
12.41 question of whether the governor's
12.42 spouse should be included in the
12.43 official portrait of a future governor
12.44 and the length of time the portrait
12.45 should be expected to last without
12.46 significant deterioration. The board
12.47 shall report its recommendations to the
12.48 legislature by January 15, 1998.
12.49 Notwithstanding Laws 1993, chapter 192,
12.50 section 16, the appropriation in that
12.51 section for the Hubert H. Humphrey
12.52 memorial need not be matched.
12.53 The appropriation in Laws 1996, chapter
12.54 390, section 5, for revision of the
12.55 board's comprehensive plan and zoning
12.56 ordinance is available until June 30,
12.57 1998.
12.58 Sec. 15. FINANCE
12.59 Subdivision 1. Total
12.60 Appropriation 22,520,000 22,751,000
12.61 The amounts that may be spent from this
13.1 appropriation for each program are
13.2 specified in the following subdivisions.
13.3 Subd. 2. Accounting Services
13.4 4,696,000 4,795,000
13.5 Subd. 3. Accounts Receivable
13.6 Operations
13.7 1,476,000 1,513,000
13.8 $595,000 the first year and $610,000
13.9 the second year are for transfer to the
13.10 department of revenue.
13.11 $266,000 the first year and $273,000
13.12 the second year are for transfer to the
13.13 department of human services.
13.14 $562,000 the first year and $576,000
13.15 the second year are for transfer to the
13.16 attorney general.
13.17 Subd. 4. Budget Services
13.18 2,129,000 2,189,000
13.19 The commissioner of finance shall
13.20 convene a joint executive-legislative
13.21 work group to evaluate the current
13.22 usefulness and benefits of agency
13.23 performance reports prepared in
13.24 accordance with the requirements of
13.25 Minnesota Statutes, sections 15.90 to
13.26 15.92. The work group shall include
13.27 representatives of reporting agencies,
13.28 the office of the legislative auditor,
13.29 the legislative committees to which
13.30 agency performance reports are
13.31 presented, and other parties as deemed
13.32 appropriate by the commissioner. By
13.33 November 3, 1997, the commissioner
13.34 shall report the progress of the work
13.35 group to the legislative commission on
13.36 planning and fiscal policy and other
13.37 committees as appropriate. The report
13.38 of the commissioner shall contain
13.39 recommendations on proposed
13.40 administrative and legislative actions
13.41 to increase the relevance, overall
13.42 usefulness, and benefits of state
13.43 performance reporting efforts, and
13.44 increase the efficiency of the report
13.45 development process. By February 2,
13.46 1998, the commissioner shall report to
13.47 the legislative commission on planning
13.48 and fiscal policy and other committees
13.49 as appropriate on performance measures
13.50 proposed for reporting on specific
13.51 agencies, and request the concurrence
13.52 of the legislature on the proposed
13.53 measures.
13.54 The term "annualization of new
13.55 programs" as used in the detailed
13.56 budget estimates shall be changed to
13.57 "new programs to agency base."
13.58 Subd. 5. Economic Analysis
14.1 313,000 319,000
14.2 Subd. 6. Information Services
14.3 12,304,000 12,304,000
14.4 Subd. 7. Management Services
14.5 1,602,000 1,631,000
14.6 Sec. 16. EMPLOYEE RELATIONS
14.7 Subdivision 1. Total
14.8 Appropriation 8,505,000 7,228,000
14.9 The amounts that may be spent from this
14.10 appropriation for each program are
14.11 specified in the following subdivisions.
14.12 Subd. 2. Human Resources
14.13 Management
14.14 7,051,000 7,124,000
14.15 $325,000 the first year and $250,000
14.16 the second year are for continuation of
14.17 reforms to the state's human resource
14.18 management processes and policies,
14.19 including, but not limited to,
14.20 enhancing redeployment procedures,
14.21 application and testing services,
14.22 hiring, the position classification
14.23 system, and employee development
14.24 processes.
14.25 $50,000 the first year and $50,000 the
14.26 second year are for a grant to the
14.27 government training service.
14.28 $75,000 the first year and $75,000 the
14.29 second year are for the Minnesota
14.30 quality college under Minnesota
14.31 Statutes, section 43A.211.
14.32 $22,000 the first year and $22,000 the
14.33 second year are to fund a position to
14.34 administer the state's annual combined
14.35 charities program.
14.36 During the biennium ending June 30,
14.37 1999, the commissioner shall attempt to
14.38 recruit Minnesota welfare recipients to
14.39 fill at least ten percent of vacancies
14.40 in entry level state positions.
14.41 Subd. 3. Employee Insurance
14.42 1,454,000 104,000
14.43 $104,000 the first year and $104,000
14.44 the second year are for the
14.45 right-to-know contracts administered
14.46 through the employee insurance division.
14.47 $1,000,000 the first year is a one-time
14.48 appropriation to establish a state
14.49 workers' compensation settlement and
14.50 contingency reserve. This
14.51 appropriation must be transferred to a
14.52 separate account within the
14.53 miscellaneous special revenue fund,
15.1 from which payments may be made and
15.2 premiums assessed to replenish the
15.3 reserve account under new Minnesota
15.4 Statutes, section 176.611, subdivision
15.5 2a.
15.6 During the biennium ending June 30,
15.7 1999, the amount necessary to pay
15.8 premiums for coverage by the worker's
15.9 compensation reinsurance association
15.10 under Minnesota Statutes, section
15.11 79.34, is appropriated from the general
15.12 fund to the commissioner.
15.13 Sec. 17. REVENUE
15.14 Subdivision 1. Total
15.15 Appropriation 80,342,000 82,574,000
15.16 Summary by Fund
15.17 General 78,202,000 80,385,000
15.18 Highway User
15.19 Tax Distribution 2,044,000 2,091,000
15.20 Environmental 96,000 98,000
15.21 The amounts that may be spent from this
15.22 appropriation for each program are
15.23 specified in the following subdivisions.
15.24 Subd. 2. Income Tax
15.25 14,297,000 14,549,000
15.26 Subd. 3. Business Excise and Consumption
15.27 13,657,000 13,972,000
15.28 Summary by Fund
15.29 General 11,517,000 11,783,000
15.30 Highway User
15.31 Tax Distribution 2,044,000 2,091,000
15.32 Environmental 96,000 98,000
15.33 $150,000 each year from the highway use
15.34 tax distribution fund is for funding of
15.35 the dyed fuel program. This
15.36 appropriation is reduced by the amount
15.37 of any federal grants available for use
15.38 during the biennium for dyed fuel
15.39 enforcement purposes.
15.40 Subd. 4. Property Tax and State Aids
15.41 2,869,000 3,026,000
15.42 Subd. 5. Tax Operations
15.43 27,679,000 28,207,000
15.44 Subd. 6. Legal and Research
15.45 3,830,000 3,832,000
15.46 $80,000 the first year is to complete
15.47 the Minnesota/Wisconsin tax reciprocity
16.1 study.
16.2 Subd. 7. Administrative Support
16.3 15,887,000 16,827,000
16.4 Subd. 8. Accounts Receivable
16.5 2,123,000 2,161,000
16.6 During the biennium ending June 30,
16.7 1999, when a debt owed to any entity of
16.8 state government for which the
16.9 Minnesota collection enterprise has
16.10 jurisdiction becomes 121 days past due,
16.11 the state entity must refer the account
16.12 to the commissioner of revenue for
16.13 assignment to the Minnesota collection
16.14 enterprise. This requirement does not
16.15 apply if there is a dispute over the
16.16 amount or validity of the debt, if the
16.17 debt is the subject of legal action or
16.18 administrative proceedings, or the
16.19 agency determines that the debtor is
16.20 adhering to acceptable payment
16.21 arrangements. The commissioner of
16.22 revenue, in consultation with the
16.23 commissioner of finance, may provide
16.24 that certain types of debt need not be
16.25 referred to the commissioner for
16.26 assignment to the collection enterprise
16.27 under this paragraph. Methods and
16.28 procedures for referral shall follow
16.29 internal guidelines prepared by the
16.30 commissioner of finance.
16.31 Sec. 18. MILITARY AFFAIRS
16.32 Subdivision 1. Total
16.33 Appropriation 10,416,000 10,527,000
16.34 The amounts that may be spent from this
16.35 appropriation for each program are
16.36 specified in the following subdivisions.
16.37 Subd. 2. Maintenance of Training
16.38 Facilities
16.39 6,056,000 6,129,000
16.40 Subd. 3. General Support
16.41 2,008,000 2,045,000
16.42 $75,000 the first year and $75,000 the
16.43 second year are for expenses of
16.44 military forces ordered to active duty
16.45 under Minnesota Statutes, chapter 192.
16.46 If the appropriation for either year is
16.47 insufficient, the appropriation for the
16.48 other year is available for it.
16.49 $400,000 the first year and $400,000
16.50 the second year are for a pilot project
16.51 to make armories available for
16.52 recreational activities for youth.
16.53 This amount shall not be included in
16.54 the agency's base for future
16.55 bienniums. Scheduling of these
16.56 activities is subject to approval of
16.57 the adjutant general. The project must
17.1 include, but is not limited to,
17.2 armories in Minneapolis and St. Paul.
17.3 The adjutant general shall report to
17.4 the chair of the state government
17.5 finance division in the house and the
17.6 chair of the governmental operations
17.7 budget division in the senate on the
17.8 results of the pilot project, including
17.9 the number of youth served, programs
17.10 provided, benefits of the programs to
17.11 communities served, and cost of
17.12 administering the project.
17.13 Subd. 4. Enlistment Incentives
17.14 2,352,000 2,353,000
17.15 Obligations for the reenlistment bonus
17.16 program, suspended on December 31,
17.17 1991, shall be paid from the amounts
17.18 available within the enlistment
17.19 incentives program.
17.20 If appropriations for either year of
17.21 the biennium are insufficient, the
17.22 appropriation from the other year is
17.23 available. The appropriations for
17.24 enlistment incentives are available
17.25 until expended.
17.26 Sec. 19. VETERANS AFFAIRS 21,594,000 4,324,000
17.27 $231,000 the first year and $232,000
17.28 the second year are for grants to
17.29 county veterans offices for training of
17.30 county veterans service officers.
17.31 $1,544,000 the first year and
17.32 $1,544,000 the second year are for
17.33 emergency financial and medical needs
17.34 of veterans. If the appropriation for
17.35 either year is insufficient, the
17.36 appropriation for the other year is
17.37 available for it.
17.38 With the approval of the commissioner
17.39 of finance, the commissioner of
17.40 veterans affairs may transfer the
17.41 unencumbered balance from the veterans
17.42 relief program to other department
17.43 programs during the fiscal year.
17.44 Before the transfer, the commissioner
17.45 of veterans affairs shall explain why
17.46 the unencumbered balance exists. The
17.47 amounts transferred must be identified
17.48 to the chairs of the senate
17.49 governmental operations budget
17.50 committee and the house governmental
17.51 operations committee division on state
17.52 government finance.
17.53 $250,000 the first year and $250,000
17.54 the second year are for a grant to the
17.55 Vinland National Center.
17.56 $110,000 is for a matching grant for a
17.57 memorial to be constructed in the city
17.58 of Park Rapids to honor veterans from
17.59 all wars involving armed forces of the
17.60 United States. In-kind donations may
17.61 be used for the nonstate match. The
18.1 appropriation does not expire and is
18.2 available until expended. $10,000 of
18.3 this amount is for administrative costs.
18.4 $110,000 the first year is to make a
18.5 grant to the Red Tail Project of the
18.6 Southern Minnesota Wing of the
18.7 Confederate Air Force and Tuskeegee
18.8 Airmen, Inc., to restore a P-51C
18.9 Mustang World War II fighter plane to
18.10 honor the airmen known as the
18.11 "Tuskeegee Airmen." The appropriation
18.12 must be matched by nonstate
18.13 contributions to the project. $10,000
18.14 of this amount is for administrative
18.15 costs.
18.16 $17,090,000 the first year is to make
18.17 bonus payments authorized under
18.18 Minnesota Statutes, section 197.79.
18.19 The appropriation may not be used for
18.20 administrative purposes. The
18.21 appropriation does not expire until the
18.22 commissioner acts on all applications
18.23 submitted under Minnesota Statutes,
18.24 section 197.79.
18.25 $250,000 the first year and $250,000
18.26 the second year are to administer the
18.27 bonus program established under
18.28 Minnesota Statutes, section 197.79.
18.29 The appropriation does not expire until
18.30 the commissioner acts on all the
18.31 applications submitted under Minnesota
18.32 Statutes, section 197.79.
18.33 Sec. 20. VETERANS OF FOREIGN
18.34 WARS 41,000 41,000
18.35 For carrying out the provisions of Laws
18.36 1945, chapter 455.
18.37 Sec. 21. MILITARY ORDER OF
18.38 THE PURPLE HEART 20,000 20,000
18.39 Sec. 22. DISABLED AMERICAN VETERANS 13,000 13,000
18.40 For carrying out the provisions of Laws
18.41 1941, chapter 425.
18.42 Sec. 23. GAMBLING CONTROL 2,277,000 2,177,000
18.43 The commissioner of revenue must
18.44 continue to provide technical support
18.45 to the lawful gambling control board
18.46 for the collection of gambling taxes
18.47 without charge during the biennium
18.48 ending June 30, 1999.
18.49 Sec. 24. RACING COMMISSION 371,000 379,000
18.50 Sec. 25. STATE LOTTERY 1,300,000 1,150,000
18.51 This appropriation is from the state
18.52 lottery prize fund to the commissioner
18.53 of human services for outpatient and
18.54 inpatient compulsive gambling treatment
18.55 programs, compulsive gambling hotline
18.56 services, felony screening, compulsive
18.57 gambling youth education, and any other
18.58 compulsive gambling treatment programs
19.1 under Minnesota Statutes, section
19.2 245.98.
19.3 $150,000 the first year is for the
19.4 inpatient treatment program at Project
19.5 Turnabout in Granite Falls.
19.6 Fifty percent of any money received by
19.7 the Gamblers' Intervention Center of
19.8 Duluth under any appropriation enacted
19.9 during the 1997 regular legislative
19.10 session must go to the Arrowhead
19.11 Center, Inc. in Virginia.
19.12 The total amount of money spent from
19.13 all appropriations enacted during the
19.14 1997 regular legislative session for
19.15 hotline services, felony screening, and
19.16 compulsive gambling youth education
19.17 must not exceed the total amount spent
19.18 for these purposes during the biennium
19.19 ending June 30, 1997.
19.20 The director of the state lottery shall
19.21 reimburse the general fund $150,000 the
19.22 first year and $150,000 the second year
19.23 for lottery-related costs incurred by
19.24 the department of public safety.
19.25 Sec. 26. AMATEUR SPORTS
19.26 COMMISSION 6,145,000 999,000
19.27 $5,000,000 the first year is for grants
19.28 for ice centers under Minnesota
19.29 Statutes, section 240A.09, of up to
19.30 $250,000 each. Up to $1,000,000 of
19.31 this amount may be used for renovation
19.32 grants for existing ice arenas of up to
19.33 $100,000 each. Any unencumbered
19.34 balance remaining in the first year
19.35 does not cancel and is available for
19.36 the second year of the biennium.
19.37 The amateur sports commission shall
19.38 report to the legislature by January
19.39 15, 1998, on progress toward the
19.40 construction and renovation of ice
19.41 arenas, their success, financing, and
19.42 operation, and any need for additional
19.43 state-assisted efforts.
19.44 $400,000 the first year and $400,000
19.45 the second year are for pilot projects
19.46 for youth sports as provided in this
19.47 act. This amount must not be included
19.48 in the agency's base for future
19.49 bienniums. The executive director
19.50 shall report by January 15, 1999, to
19.51 the chairs of the state government
19.52 finance division in the house and the
19.53 governmental operations budget division
19.54 in the senate on the results of the
19.55 pilot project, including the number of
19.56 youth served, programs provided,
19.57 benefits of the programs to communities
19.58 served, and the cost of administering
19.59 the project.
19.60 $50,000 the first year is for a grant
19.61 to the United States Olympic
19.62 Committee's Minnesota Olympic
20.1 development program to fund the
20.2 development of winter sports programs
20.3 for females from ages 13 to 18. The
20.4 money is available only upon
20.5 demonstration of a dollar for dollar
20.6 match from nonstate sources.
20.7 $75,000 the first year is to study the
20.8 feasibility of constructing an indoor
20.9 amateur tennis facility in the city of
20.10 St. Paul.
20.11 Sec. 27. BOARD OF THE ARTS
20.12 Subdivision 1. Total Appropriation 13,018,000 13,036,000
20.13 Any unencumbered balance remaining in
20.14 this section the first year does not
20.15 cancel but is available for the second
20.16 year of the biennium.
20.17 Subd. 2. Operations and Services 988,000 961,000
20.18 Subd. 3. Grants Program 8,518,000 8,540,000
20.19 The board shall spend this
20.20 appropriation to ensure that at least
20.21 ten percent of the expenditure is for
20.22 arts programs intended primarily for
20.23 children.
20.24 $50,000 the first year and $50,000 the
20.25 second year are for grants to
20.26 individual artists of color to create
20.27 new works in collaboration with
20.28 nonprofit arts and community
20.29 organizations. Special emphasis must
20.30 be made to reach artists of color who
20.31 are recent immigrants.
20.32 Subd. 4. Regional Arts
20.33 Councils 3,512,000 3,535,000
20.34 The board shall distribute this
20.35 appropriation to the regional arts
20.36 councils to ensure that ten percent of
20.37 the total distribution in each region
20.38 is for arts programs intended primarily
20.39 for children.
20.40 Sec. 28. MINNESOTA HUMANITIES
20.41 COMMISSION 886,000 886,000
20.42 Any unencumbered balance remaining in
20.43 the first year does not cancel but is
20.44 available for the second year of the
20.45 biennium.
20.46 Sec. 29. GENERAL CONTINGENT
20.47 ACCOUNTS 600,000 600,000
20.48 Summary by Fund
20.49 General 100,000 100,000
20.50 State Government
20.51 Special Revenue 400,000 400,000
20.52 Workers' Compensation 100,000 100,000
20.53 The appropriations in this section must
21.1 be spent with the approval of the
21.2 governor after consultation with the
21.3 legislative advisory commission under
21.4 Minnesota Statutes, section 3.30.
21.5 If an appropriation in this section for
21.6 either year is insufficient, the
21.7 appropriation for the other year is
21.8 available for it.
21.9 The special revenue appropriation is
21.10 available to be transferred to the
21.11 attorney general when the costs to
21.12 provide legal services to the health
21.13 boards exceed the biennial
21.14 appropriation to the attorney general
21.15 from the special revenue fund and for
21.16 transfer to the health boards if
21.17 required for unforeseen expenditures of
21.18 an emergency nature. The boards
21.19 receiving the additional services or
21.20 supplemental appropriations shall set
21.21 their fees to cover the costs.
21.22 Sec. 30. TORT CLAIMS 275,000 275,000
21.23 To be spent by the commissioner of
21.24 finance.
21.25 If the appropriation for either year is
21.26 insufficient, the appropriation for the
21.27 other year is available for it.
21.28 Sec. 31. MINNESOTA STATE
21.29 RETIREMENT SYSTEM 2,266,000 2,379,000
21.30 The amounts estimated to be needed for
21.31 each program are as follows:
21.32 (a) Legislators
21.33 2,093,000 2,197,000
21.34 Under Minnesota Statutes, sections
21.35 3A.03, subdivision 2; 3A.04,
21.36 subdivisions 3 and 4; and 3A.11.
21.37 (b) Constitutional Officers
21.38 173,000 182,000
21.39 Under Minnesota Statutes, sections
21.40 352C.031, subdivision 5; 352C.04,
21.41 subdivision 3; and 352C.09, subdivision
21.42 2.
21.43 If an appropriation in this section for
21.44 either year is insufficient, the
21.45 appropriation for the other year is
21.46 available for it.
21.47 Sec. 32. MINNEAPOLIS EMPLOYEES
21.48 RETIREMENT FUND 11,005,000 9,550,000
21.49 $10,455,000 the first year and
21.50 $9,000,000 the second year are to the
21.51 commissioner of finance for payment to
21.52 the Minneapolis employees retirement
21.53 fund under Minnesota Statutes, section
21.54 422A.101, subdivision 3. Payment must
21.55 be made in four equal installments,
22.1 March 15, July 15, September 15, and
22.2 November 15, each year.
22.3 $550,000 the first year and $550,000
22.4 the second year are to the commissioner
22.5 of finance for payment to the
22.6 Minneapolis employees retirement fund
22.7 for the supplemental benefit for
22.8 pre-1973 retirees under Minnesota
22.9 Statutes, section 356.865.
22.10 Sec. 33. POLICE AND FIRE
22.11 AMORTIZATION AID 6,303,000 6,300,000
22.12 $4,925,000 the first year and
22.13 $4,925,000 the second year are to the
22.14 commissioner of revenue for state aid
22.15 to amortize the unfunded liability of
22.16 local police and salaried firefighters'
22.17 relief associations, under Minnesota
22.18 Statutes, section 423A.02.
22.19 $1,000,000 the first year and
22.20 $1,000,000 the second year are to the
22.21 commissioner of revenue for
22.22 supplemental state aid to amortize the
22.23 unfunded liability of local police and
22.24 salaried firefighters' relief
22.25 associations under Minnesota Statutes,
22.26 section 423A.02, subdivision 1a.
22.27 $378,000 the first year and $375,000
22.28 the second year are to the commissioner
22.29 of revenue to pay reimbursements to
22.30 relief associations for firefighter
22.31 supplemental benefits paid under
22.32 Minnesota Statutes, section 424A.10.
22.33 Sec. 34. BOARD OF GOVERNMENT
22.34 INNOVATION AND COOPERATION 1,312,000 1,009,000
22.35 $306,000 the first year is to fund a
22.36 portion of the cooperation and
22.37 combination aid awards that were
22.38 approved by the board in fiscal years
22.39 1996 and 1997.
22.40 Sec. 35. BOND SALE SCHEDULE
22.41 The commissioner of finance shall
22.42 schedule the sale of state general
22.43 obligation bonds so that, during the
22.44 biennium ending June 30, 1999, no more
22.45 than $545,457,000 will need to be
22.46 transferred from the general fund to
22.47 the state bond fund to pay principal
22.48 and interest due and to become due on
22.49 outstanding state general obligation
22.50 bonds. During the biennium, before
22.51 each sale of state general obligation
22.52 bonds, the commissioner of finance
22.53 shall calculate the amount of debt
22.54 service payments needed on bonds
22.55 previously issued and shall estimate
22.56 the amount of debt service payments
22.57 that will be needed on the bonds
22.58 scheduled to be sold, the commissioner
22.59 shall adjust the amount of bonds
22.60 scheduled to be sold so as to remain
22.61 within the limit set by this section.
22.62 The amount needed to make the debt
23.1 service payments is appropriated from
23.2 the general fund as provided in
23.3 Minnesota Statutes, section 16A.641.
23.4 Sec. 36. [STATEWIDE SYSTEMS ACCOUNT.]
23.5 Subdivision 1. [CONTINUATION.] The statewide systems
23.6 account is a separate account in the general fund. All money
23.7 resulting from billings for statewide systems services must be
23.8 deposited in the account. For the purposes of this section,
23.9 statewide systems includes the state accounting system, payroll
23.10 system, human resources system, procurement system, and related
23.11 information access systems.
23.12 Subd. 2. [BILLING PROCEDURES.] The commissioner of finance
23.13 may bill up to $3,111,000 in fiscal year 1998 and $3,659,000 in
23.14 fiscal year 1999 for statewide systems services provided to
23.15 state agencies, judicial branch agencies, the University of
23.16 Minnesota, the Minnesota state colleges and universities, and
23.17 other entities. Billing must be based only on usage of services
23.18 relating to statewide systems provided by the intertechnologies
23.19 division. Each agency shall transfer from agency operating
23.20 appropriations to the statewide systems account the amount
23.21 billed by the commissioner. Billing policies and procedures
23.22 related to statewide systems services must be developed by the
23.23 commissioner of finance in consultation with the commissioners
23.24 of employee relations and administration, the University of
23.25 Minnesota, and the Minnesota state colleges and universities.
23.26 Subd. 3. [APPROPRIATION.] Money transferred into the
23.27 account is appropriated to the commissioner of finance to pay
23.28 for statewide systems services during fiscal years 1998 and 1999.
23.29 ARTICLE 2
23.30 STATE GOVERNMENT OPERATIONS
23.31 Section 1. Minnesota Statutes 1996, section 1.34,
23.32 subdivision 2, is amended to read:
23.33 Subd. 2. [OFFICERS.] The members of the legislative
23.34 advisory committee shall select a chair and other officers as
23.35 deemed necessary. The chair of the commission shall rotate
23.36 every two years between the house and the senate.
23.37 Sec. 2. Minnesota Statutes 1996, section 3.056, is amended
24.1 to read:
24.2 3.056 [DESIGNATION OF SUCCESSOR COMMITTEE.]
24.3 If a law assigns a power or duty to a named legislative
24.4 committee or its chair, and the committee has been renamed or no
24.5 longer exists, the speaker of the house of representatives or
24.6 the senate committee on rules and administration shall designate
24.7 the successor committee or chair for the law as provided in this
24.8 section. If the committee has been renamed but retains
24.9 jurisdiction of the subject of the power or duty, the speaker or
24.10 senate committee shall designate the renamed committee as
24.11 successor. If the committee has been renamed and jurisdiction
24.12 of the subject of the power or duty has been transferred to
24.13 another committee, the speaker or senate committee shall
24.14 designate the committee with current jurisdiction as the
24.15 successor. If the named committee no longer exists, the speaker
24.16 or senate committee shall designate as successor the committee
24.17 with the jurisdiction that most closely corresponds with the
24.18 former jurisdiction of the named committee. The house of
24.19 representatives and the senate shall maintain a list on the
24.20 World Wide Web of renamed or successor committees to committees
24.21 that are referenced in law.
24.22 Sec. 3. Minnesota Statutes 1996, section 3.099,
24.23 subdivision 3, is amended to read:
24.24 Subd. 3. [LEADERS.] The senate committee on rules and
24.25 administration for the senate and the house committee on rules
24.26 and legislative administration for the house may each designate
24.27 for their respective body up to three five leadership positions
24.28 to receive up to 140 percent of the compensation of other
24.29 members.
24.30 At the commencement of each biennial legislative session,
24.31 each house of the legislature shall adopt a resolution
24.32 designating its majority and minority leader.
24.33 The majority leader is the person elected by the caucus of
24.34 members in each house which is its largest political
24.35 affiliation. The minority leader is the person elected by the
24.36 caucus which is its second largest political affiliation.
25.1 Sec. 4. Minnesota Statutes 1996, section 3.225,
25.2 subdivision 1, is amended to read:
25.3 Subdivision 1. [APPLICATION.] This section applies to a
25.4 contract for professional or technical services entered into by
25.5 the house of representatives, the senate, the legislative
25.6 coordinating commission, or any group under the jurisdiction of
25.7 the legislative coordinating commission. For purposes of this
25.8 section, "professional or technical services" contract has the
25.9 meaning defined in section 16B.17 but does not include legal
25.10 services for official legislative business.
25.11 Sec. 5. Minnesota Statutes 1996, section 3.85, subdivision
25.12 3, is amended to read:
25.13 Subd. 3. [MEMBERSHIP.] The commission consists of five six
25.14 members of the senate appointed by the subcommittee on
25.15 committees of the committee on rules and administration and five
25.16 six members of the house of representatives appointed by the
25.17 speaker. Members shall be appointed at the commencement of each
25.18 regular session of the legislature for a two-year term beginning
25.19 January 16 of the first year of the regular session. Vacancies
25.20 that occur while the legislature is in session shall be filled
25.21 like regular appointments. If the legislature is not in
25.22 session, senate vacancies shall be filled by the last
25.23 subcommittee on committees of the senate committee on rules and
25.24 administration or other appointing authority designated by the
25.25 senate rules, and house vacancies shall be filled by the last
25.26 speaker of the house, or if the speaker is not available, by the
25.27 last chair of the house rules committee.
25.28 Sec. 6. Minnesota Statutes 1996, section 10A.09,
25.29 subdivision 6, is amended to read:
25.30 Subd. 6. Each individual who is required to file a
25.31 statement of economic interest shall file a supplementary
25.32 statement on April 15 of each year that the individual remains
25.33 in office if information on the most recently filed statement
25.34 has changed. The statement shall include a space for each
25.35 category of information in which the individual may indicate
25.36 that no change in information has occurred since the previous
26.1 statement. The supplementary statement, if required, shall
26.2 include the amount of each honorarium in excess of $50 received
26.3 since the previous statement, together with the name and address
26.4 of the source of the honorarium. A statement of economic
26.5 interest submitted by an officeholder shall be filed with the
26.6 statement submitted as a candidate.
26.7 Sec. 7. Minnesota Statutes 1996, section 10A.20,
26.8 subdivision 2, is amended to read:
26.9 Subd. 2. The reports shall be filed with the board on or
26.10 before January 31 of each year and additional reports shall be
26.11 filed as required and in accordance with clauses (a) and (b).
26.12 (a) In each year in which the name of the candidate is on
26.13 the ballot, the report of the principal campaign committee shall
26.14 be filed ten 15 days before a primary and ten days before a
26.15 general election, seven days before a special primary and a
26.16 special election, and ten days after a special election cycle.
26.17 The report due after a special election may be filed on January
26.18 31 following the special election if the special election is
26.19 held not more than 60 days before that date.
26.20 (b) In each general election year political committees and
26.21 political funds other than principal campaign committees shall
26.22 file reports ten days before a primary and general election.
26.23 If a scheduled filing date falls on a Saturday, Sunday or
26.24 legal holiday, the filing date shall be the next regular
26.25 business day.
26.26 Sec. 8. Minnesota Statutes 1996, section 14.47,
26.27 subdivision 8, is amended to read:
26.28 Subd. 8. [SALES AND DISTRIBUTION OF COMPILATION.] Any
26.29 compilation, reissue, or supplement published by the revisor
26.30 shall be sold by the revisor for a reasonable fee and its
26.31 proceeds deposited in the general fund. An agency shall
26.32 purchase from the revisor the number of copies of the
26.33 compilation or supplement needed by the agency. The revisor
26.34 shall provide without charge copies of each edition of any
26.35 compilation, reissue, or supplement to the persons or bodies
26.36 listed in this subdivision. Those copies must be marked with
27.1 the words "State Copy" and kept for the use of the office. The
27.2 revisor shall distribute:
27.3 (a) 25 copies to the office of the attorney general;
27.4 (b) 12 copies for the legislative commission for review of
27.5 administrative rules two copies to the leader of each caucus in
27.6 the house of representatives and the senate, two copies to the
27.7 legislative reference library, and one copy each to the house of
27.8 representatives research department and the office of senate
27.9 counsel and research;
27.10 (c) 3 copies to the revisor of statutes for transmission to
27.11 the Library of Congress for copyright and depository purposes;
27.12 (d) 150 copies to the state law library;
27.13 (e) 10 copies to the law school of the University of
27.14 Minnesota; and
27.15 (f) one copy of any compilation or supplement to each
27.16 county library maintained pursuant to section 134.12 upon its
27.17 request, except in counties containing cities of the first
27.18 class. If a county has not established a county library
27.19 pursuant to section 134.12, the copy will be provided to any
27.20 public library in the county upon its request.
27.21 Sec. 9. Minnesota Statutes 1996, section 15.0597,
27.22 subdivision 5, is amended to read:
27.23 Subd. 5. [NOMINATIONS FOR VACANCIES.] Any person may make
27.24 a self-nomination for appointment to an agency vacancy by
27.25 completing an application on a form prepared and distributed by
27.26 the secretary. The secretary may provide for the submission of
27.27 the application by electronic means. Any person or group of
27.28 persons may, on the prescribed application form, nominate
27.29 another person to be appointed to a vacancy so long as the
27.30 person so nominated consents in writing on the application form
27.31 to the nomination. The application form shall specify the
27.32 nominee's name, mailing address, telephone number, preferred
27.33 agency position sought, a statement that the nominee satisfies
27.34 any legally prescribed qualifications, and any other information
27.35 the nominating person feels would be helpful to the appointing
27.36 authority. The nominating person has the option of indicating
28.1 the nominee's sex, political party preference or lack thereof,
28.2 status with regard to disability, race and national origin on
28.3 the application form. The application form shall make the
28.4 option known. If a person submits an application at the
28.5 suggestion of an appointing authority, the person shall so
28.6 indicate on the application form. Twenty-one days after
28.7 publication of a vacancy in the State Register pursuant to
28.8 subdivision 4, the secretary shall submit copies of all
28.9 applications received for a position to the appointing authority
28.10 charged with filling the vacancy. If no applications have been
28.11 received by the secretary for the vacant position by the date
28.12 when copies must be submitted to the appointing authority, the
28.13 secretary shall so inform the appointing authority.
28.14 Applications received by the secretary shall be deemed to have
28.15 expired one year after receipt of the application. An
28.16 application for a particular agency position shall be deemed to
28.17 be an application for all vacancies in that agency occurring
28.18 prior to the expiration of the application and shall be public
28.19 information.
28.20 Sec. 10. Minnesota Statutes 1996, section 15.0597,
28.21 subdivision 7, is amended to read:
28.22 Subd. 7. [REPORT.] Together with the compilation required
28.23 in subdivision 3, the secretary shall annually deliver to the
28.24 governor and the legislature a report containing the following
28.25 information:
28.26 (1) the number of vacancies occurring in the preceding
28.27 year;
28.28 (2) the number of vacancies occurring as a result of
28.29 scheduled ends of terms, unscheduled vacancies and the creation
28.30 of new positions;
28.31 (3) breakdowns by county, legislative district, and
28.32 congressional district, and, if known, the sex, political party
28.33 preference or lack thereof, status with regard to disability,
28.34 race, and national origin, for members whose agency membership
28.35 terminated during the year and appointees to the vacant
28.36 positions; and
29.1 (4) the number of vacancies filled from applications
29.2 submitted by (i) the appointing authorities for the positions
29.3 filled, (ii) nominating persons and self-nominees who submitted
29.4 applications at the suggestion of appointing authorities, and
29.5 (iii) all others.
29.6 Sec. 11. Minnesota Statutes 1996, section 15.0599,
29.7 subdivision 4, is amended to read:
29.8 Subd. 4. [REGISTRATION; INFORMATION REQUIRED.] (a) The
29.9 appointing authority of a newly established agency shall provide
29.10 the secretary with the following information:
29.11 (1) the name, mailing address, and telephone number of the
29.12 agency;
29.13 (2) the legal authority for the establishment of the agency
29.14 and the name and the title of the person or persons appointing
29.15 agency members;
29.16 (3) the powers and duties of the agency and whether the
29.17 agency, however designated, is best described by section 15.012,
29.18 paragraph (a), (b), (c), (e), or (f);
29.19 (4) the number of authorized members, together with any
29.20 prescribed restrictions on eligibility;
29.21 (5) the roster of current members, including mailing
29.22 addresses and telephone numbers;
29.23 (6) a breakdown of the membership showing distribution by
29.24 county, legislative district, and congressional district and
29.25 compliance with any restrictions listed in accordance with
29.26 clause (4);
29.27 (7) if any members have voluntarily provided the
29.28 information, the sex, age, political preference or lack of
29.29 preference, status with regard to disability, race, and national
29.30 origin of those members;
29.31 (8) the dates of commencement and expiration of membership
29.32 terms and the expiration date of the agency, if any;
29.33 (9) the compensation of members and appropriations or other
29.34 money available to the agency;
29.35 (10) the name of the state agency or other entity, if any,
29.36 required to provide staff or administrative support to the
30.1 agency;
30.2 (11) the regular meeting schedule, if any, and the
30.3 approximate number of hours a month of meetings or other
30.4 activities required of members; and
30.5 (12) a brief statement of the goal or purpose of the
30.6 agency, along with a summary of what an existing agency has
30.7 done, or what a newly established agency plans to do to achieve
30.8 its goal or purpose.
30.9 (b) The chair of an existing agency shall provide
30.10 information, covering the fiscal year in which it is
30.11 registering, on the number of meetings it has held, its
30.12 expenses, and the number of staff hours, if any, devoted to its
30.13 support. The chair shall also, if necessary, update any of the
30.14 information previously provided in accordance with paragraph (a).
30.15 (c) The secretary shall provide forms for the reporting of
30.16 information required by this subdivision and may provide for
30.17 reporting by electronic means.
30.18 Sec. 12. Minnesota Statutes 1996, section 16A.10,
30.19 subdivision 2, is amended to read:
30.20 Subd. 2. [BY OCTOBER 15 AND NOVEMBER 30.] By October 15 of
30.21 each even-numbered year, an agency must file the following with
30.22 the commissioner:
30.23 (1) budget and departmental earnings estimates for the most
30.24 recent and current fiscal years;
30.25 (2) its upcoming biennial budget and departmental earnings
30.26 estimates;
30.27 (3) a comprehensive and integrated statement of agency
30.28 missions and outcome and performance measures; and
30.29 (4) a concise explanation of any planned changes in the
30.30 level of services or new activities.
30.31 The commissioner shall prepare and file the budget
30.32 estimates for an agency failing to file them. By November 30,
30.33 the commissioner shall send the final budget format,
30.34 departmental earnings report, agency budget plans or requests
30.35 for the next biennium, and copies of the filed material to the
30.36 ways and means and finance committees, except that the
31.1 commissioner shall not be required to transmit information that
31.2 identifies executive branch budget decision items. At this
31.3 time, a list of each employee's name, title, and salary must be
31.4 available to the legislature, either on paper or through
31.5 electronic retrieval.
31.6 Sec. 13. Minnesota Statutes 1996, section 16A.103,
31.7 subdivision 1, is amended to read:
31.8 Subdivision 1. [STATE REVENUE AND EXPENDITURES.] In
31.9 February and November each year, the commissioner shall prepare
31.10 and deliver to the governor and legislature a forecast of state
31.11 revenue and expenditures. The forecast must assume the
31.12 continuation of current laws and reasonable estimates of
31.13 projected growth in the national and state economies and
31.14 affected populations. Revenue must be estimated for all sources
31.15 provided for in current law. Expenditures must be estimated for
31.16 all obligations imposed by law and those projected to occur as a
31.17 result of inflation and variables outside the control of the
31.18 legislature. In determining the rate of inflation, the
31.19 application of inflation, and the other variables to be included
31.20 in the expenditure part of the forecast, the commissioner must
31.21 consult with the chair of the senate state government finance
31.22 committee, the chair of the house committee on ways and means,
31.23 and house and senate fiscal staff. In addition, the
31.24 commissioner shall forecast Minnesota personal income for each
31.25 of the years covered by the forecast and include these estimates
31.26 in the forecast documents. A forecast prepared during the first
31.27 fiscal year of a biennium must cover that biennium and the next
31.28 biennium. A forecast prepared during the second fiscal year of
31.29 a biennium must cover that biennium and the next two bienniums.
31.30 Sec. 14. Minnesota Statutes 1996, section 16A.11,
31.31 subdivision 1, is amended to read:
31.32 Subdivision 1. [WHEN.] The governor shall submit a
31.33 four-part budget to the legislature. Parts one and two, the
31.34 budget message and detailed operating budget, must be submitted
31.35 by the fourth Tuesday in January in each odd-numbered year.
31.36 Part three, the detailed recommendations as to capital
32.1 expenditure, must be submitted as follows: agency capital
32.2 budget requests by June 15 July 1 of each odd-numbered year;
32.3 preliminary governor's recommendations by September 1 of each
32.4 odd-numbered year;, and final governor's recommendations by
32.5 February 1 January 15 of each even-numbered year. Part four,
32.6 the detailed recommendations as to information technology
32.7 expenditure, must be submitted at the same time the governor
32.8 submits the budget message to the legislature.
32.9 Sec. 15. Minnesota Statutes 1996, section 16A.11,
32.10 subdivision 3b, is amended to read:
32.11 Subd. 3b. [CONTRACTS.] The detailed budget estimate must
32.12 also include the following information on professional or
32.13 technical services contracts:
32.14 (1) the number and amount of contracts over $40,000 for
32.15 each agency for the past biennium;
32.16 (2) the anticipated number and amount of contracts over
32.17 $40,000 for each agency for the upcoming biennium; and
32.18 (3) the total number and value of all contracts from the
32.19 previous biennium, and the anticipated total number and value of
32.20 all contracts for the upcoming biennium.
32.21 Sec. 16. Minnesota Statutes 1996, section 16A.11,
32.22 subdivision 3c, is amended to read:
32.23 Subd. 3c. [PART FOUR; DETAILED INFORMATION TECHNOLOGY
32.24 BUDGET.] The detailed information technology budget must include
32.25 recommendations for information technology projects to be funded
32.26 during the next biennium and planning estimates for an
32.27 additional two biennia. It must be submitted with projects
32.28 ranked in order of importance among all projects as determined
32.29 by the governor.
32.30 Sec. 17. Minnesota Statutes 1996, section 16A.1285,
32.31 subdivision 3, is amended to read:
32.32 Subd. 3. [DUTIES OF THE COMMISSIONER OF FINANCE.] The
32.33 commissioner of finance shall classify, monitor, analyze, and
32.34 report all departmental earnings that fall within the definition
32.35 established in subdivision 1. Specifically, the commissioner
32.36 shall:
33.1 (1) establish and maintain a classification system that
33.2 clearly defines and distinguishes categories and types of
33.3 departmental earnings and takes into account the purpose of the
33.4 various earnings types and the extent to which various earnings
33.5 types serve a public or private interest;
33.6 (2) prepare a biennial report that documents collection
33.7 costs, purposes, and yields of all departmental earnings, the
33.8 report to be submitted to the legislature on or before November
33.9 30 of each even-numbered year the fourth Tuesday in January in
33.10 each odd-numbered year and to include estimated data for the
33.11 year in which the report is prepared, actual data for the two
33.12 years immediately before, and estimates for the two years
33.13 immediately following; and
33.14 (3) prepare and maintain a detailed directory of all
33.15 departmental earnings.
33.16 Sec. 18. Minnesota Statutes 1996, section 16A.129,
33.17 subdivision 3, is amended to read:
33.18 Subd. 3. [CASH ADVANCES.] When the operations of any
33.19 nongeneral fund account would be impeded by projected cash
33.20 deficiencies resulting from delays in the receipt of grants,
33.21 dedicated income, or other similar receivables, and when the
33.22 deficiencies would be corrected within the budget period
33.23 involved, the commissioner of finance may use general fund cash
33.24 reserves to meet cash demands. If funds are transferred from
33.25 the general fund to meet cash flow needs, the cash flow
33.26 transfers must be returned to the general fund as soon as
33.27 sufficient cash balances are available in the account to which
33.28 the transfer was made. Any interest earned on general fund cash
33.29 flow transfers accrues to the general fund and not to the
33.30 accounts or funds to which the transfer was made. The
33.31 commissioner may advance general fund cash reserves to
33.32 nongeneral fund accounts where the receipts from other
33.33 governmental units cannot be collected within the budget period.
33.34 Sec. 19. Minnesota Statutes 1996, section 16A.15,
33.35 subdivision 3, is amended to read:
33.36 Subd. 3. [ALLOTMENT AND ENCUMBRANCE.] (a) A payment may
34.1 not be made without prior obligation. An obligation may not be
34.2 incurred against any fund, allotment, or appropriation unless
34.3 the commissioner has certified a sufficient unencumbered balance
34.4 or the accounting system shows sufficient allotment or
34.5 encumbrance balance in the fund, allotment, or appropriation to
34.6 meet it. The commissioner shall determine when the accounting
34.7 system may be used to incur obligations without the
34.8 commissioner's certification of a sufficient unencumbered
34.9 balance. An expenditure or obligation authorized or incurred in
34.10 violation of this chapter is invalid and ineligible for payment
34.11 until made valid. A payment made in violation of this chapter
34.12 is illegal. An employee authorizing or making the payment, or
34.13 taking part in it, and a person receiving any part of the
34.14 payment, are jointly and severally liable to the state for the
34.15 amount paid or received. If an employee knowingly incurs an
34.16 obligation or authorizes or makes an expenditure in violation of
34.17 this chapter or takes part in the violation, the violation is
34.18 just cause for the employee's removal by the appointing
34.19 authority or by the governor if an appointing authority other
34.20 than the governor fails to do so. In the latter case, the
34.21 governor shall give notice of the violation and an opportunity
34.22 to be heard on it to the employee and to the appointing
34.23 authority. A claim presented against an appropriation without
34.24 prior allotment or encumbrance may be made valid on
34.25 investigation, review, and approval by the commissioner agency
34.26 head in accordance with the commissioner's policy, if the
34.27 services, materials, or supplies to be paid for were actually
34.28 furnished in good faith without collusion and without intent to
34.29 defraud. The commissioner may then draw a warrant to pay the
34.30 claim just as properly allotted and encumbered claims are paid.
34.31 (b) The commissioner may approve payment for materials and
34.32 supplies in excess of the obligation amount when increases are
34.33 authorized by section 16B.07, subdivision 2.
34.34 (c) To minimize potential construction delay claims, an
34.35 agency with a project funded by a building appropriation may
34.36 allow a contractor to proceed with supplemental work within the
35.1 limits of the appropriation before money is encumbered. Under
35.2 this circumstance, the agency may requisition funds and allow
35.3 contractors to expeditiously proceed with a construction
35.4 sequence. While the contractor is proceeding, the agency shall
35.5 immediately act to encumber the required funds.
35.6 Sec. 20. Minnesota Statutes 1996, section 16A.642,
35.7 subdivision 1, is amended to read:
35.8 Subdivision 1. [REPORTS.] (a) The commissioner of finance
35.9 shall report to the chairs of the senate committee on finance
35.10 and the house of representatives committees on ways and means
35.11 and on capital investment by February 1 of each even-numbered
35.12 odd-numbered year on the following:
35.13 (1) all state building projects for which bonds have been
35.14 authorized and issued by a law enacted more than seven years
35.15 before February 1 of that even-numbered year and of which 20
35.16 percent or less of a project's authorization has been encumbered
35.17 or otherwise obligated for the purpose stated in the law
35.18 authorizing the issue; and
35.19 (2) all state bonds authorized and issued for purposes
35.20 other than building projects reported under clause (1), by a law
35.21 enacted more than seven years before February 1 of that
35.22 even-numbered year, and the amount of any balance that is
35.23 unencumbered or otherwise not obligated for the purpose stated
35.24 in the law authorizing the issue.
35.25 (1) all laws authorizing the issuance of state bonds for
35.26 state or local government building projects enacted more than
35.27 five years before February 1 of that odd-numbered year; the
35.28 projects authorized to be acquired and constructed with the bond
35.29 proceeds for which less than 100 percent of the authorized total
35.30 cost has been expended, encumbered, or otherwise obligated; the
35.31 cost of contracts to be let in accordance with existing plans
35.32 and specifications shall be considered expended for this report;
35.33 and the amount of bonds not issued and bond proceeds held but
35.34 not previously expended, encumbered, or otherwise obligated for
35.35 these projects; and
35.36 (2) all laws authorizing the issuance of state bonds for
36.1 state or local government programs or projects other than those
36.2 described in clause (1), enacted more than five years before
36.3 February 1 of that odd-numbered year; and the amount of bonds
36.4 not issued and bond proceeds held but not previously expended,
36.5 encumbered, or otherwise obligated for these programs and
36.6 projects.
36.7 (b) The commissioner shall also report on bond
36.8 authorizations or bond proceed balances that may be canceled
36.9 because projects have been canceled, completed, or otherwise
36.10 concluded, or because the purposes for which the bonds were
36.11 authorized or issued have been canceled, completed, or otherwise
36.12 concluded. The bond authorizations or bond proceed balances
36.13 that are unencumbered or otherwise not obligated that are
36.14 reported by the commissioner under this subdivision are
36.15 canceled, effective July 1 of the year of the report, unless
36.16 specifically reauthorized by act of the legislature.
36.17 Sec. 21. Minnesota Statutes 1996, section 16A.642, is
36.18 amended by adding a subdivision to read:
36.19 Subd. 3. [APPLICATION OF UNUSED BOND PROCEEDS.] All
36.20 canceled bond proceeds shall be transferred to the state bond
36.21 fund and used to pay or redeem bonds from which they were
36.22 derived.
36.23 Sec. 22. Minnesota Statutes 1996, section 16B.20,
36.24 subdivision 2, is amended to read:
36.25 Subd. 2. [ADVISORY COUNCIL.] A small business and targeted
36.26 group procurement advisory council is created. The council
36.27 consists of 13 members appointed by the commissioner of
36.28 administration. A chair of the advisory council shall be
36.29 elected from among the members. The appointments are subject to
36.30 the appointments program provided by section 15.0597. The
36.31 terms, compensation, and removal of members are as provided in
36.32 section 15.059. Notwithstanding section 15.059, the council
36.33 does not expire until June 30, 1998.
36.34 Sec. 23. Minnesota Statutes 1996, section 16B.24,
36.35 subdivision 5, is amended to read:
36.36 Subd. 5. [RENTING OUT STATE PROPERTY.] (a) [AUTHORITY.]
37.1 The commissioner may rent out state property, real or personal,
37.2 that is not needed for public use, if the rental is not
37.3 otherwise provided for or prohibited by law. The property may
37.4 not be rented out for more than five years at a time without the
37.5 approval of the state executive council and may never be rented
37.6 out for more than 25 years. A rental agreement may provide that
37.7 the state will reimburse a tenant for a portion of capital
37.8 improvements that the tenant makes to state real property if the
37.9 state does not permit the tenant to renew the lease at the end
37.10 of the rental agreement.
37.11 (b) [RESTRICTIONS.] Paragraph (a) does not apply to state
37.12 trust fund lands, other state lands under the jurisdiction of
37.13 the department of natural resources, lands forfeited for
37.14 delinquent taxes, lands acquired under section 298.22, or lands
37.15 acquired under section 41.56 which are under the jurisdiction of
37.16 the department of agriculture.
37.17 (c) [FORT SNELLING CHAPEL; RENTAL.] The Fort Snelling
37.18 Chapel, located within the boundaries of Fort Snelling State
37.19 Park, is available for use only on payment of a rental fee. The
37.20 commissioner shall establish rental fees for both public and
37.21 private use. The rental fee for private use by an organization
37.22 or individual must reflect the reasonable value of equivalent
37.23 rental space. Rental fees collected under this section must be
37.24 deposited in the general fund.
37.25 (d) [RENTAL OF LIVING ACCOMMODATIONS.] The commissioner
37.26 shall establish rental rates for all living accommodations
37.27 provided by the state for its employees. Money collected as
37.28 rent by state agencies pursuant to this paragraph must be
37.29 deposited in the state treasury and credited to the general fund.
37.30 (e) [LEASE OF SPACE IN CERTAIN STATE BUILDINGS TO STATE
37.31 AGENCIES.] The commissioner may lease portions of the
37.32 state-owned buildings in the capitol complex, the capitol square
37.33 building, the health building, the Duluth government center, and
37.34 the building at 1246 University Avenue, St. Paul, Minnesota, to
37.35 state agencies and the court administrator on behalf of the
37.36 judicial branch of state government and charge rent on the basis
38.1 of space occupied. Notwithstanding any law to the contrary, all
38.2 money collected as rent pursuant to the terms of this section
38.3 shall be deposited in the state treasury. Money collected as
38.4 rent to recover the depreciation and bond interest costs of a
38.5 building funded from the state bond proceeds fund shall be
38.6 credited to the general fund. Money collected as rent to
38.7 recover capital expenditures from capital asset preservation and
38.8 replacement appropriations and statewide building access
38.9 appropriations shall be credited to a segregated account in a
38.10 special revenue fund. Money in the account is appropriated to
38.11 the commissioner to be expended for asset preservation projects
38.12 as determined by the commissioner. Money collected as rent to
38.13 recover the depreciation cost and interest costs of a building
38.14 built with other state dedicated funds shall be credited to the
38.15 dedicated fund which funded the original acquisition or
38.16 construction. All other money received shall be credited to the
38.17 general services revolving fund.
38.18 Sec. 24. [16B.275] [CAPITOL AREA CAFETERIAS.]
38.19 In entering into contracts for operation of cafeterias in
38.20 the capitol complex, the commissioner must attempt to ensure the
38.21 department does not receive revenues in excess of those needed
38.22 to operate and maintain the cafeteria space.
38.23 Sec. 25. Minnesota Statutes 1996, section 16B.35, is
38.24 amended by adding a subdivision to read:
38.25 Subd. 5. [CONTRACTOR'S BOND NOT REQUIRED.] Sections 574.26
38.26 to 574.32 do not apply to this section.
38.27 Sec. 26. Minnesota Statutes 1996, section 16B.70,
38.28 subdivision 2, is amended to read:
38.29 Subd. 2. [COLLECTION AND REPORTS.] All permit surcharges
38.30 must be collected by each municipality and a portion of them
38.31 remitted to the state. Each municipality having a population
38.32 greater than 20,000 people shall prepare and submit to the
38.33 commissioner once a month a report of fees and surcharges on
38.34 fees collected during the previous month but shall retain the
38.35 greater of two percent or that amount collected up to $25 to
38.36 apply against the administrative expenses the municipality
39.1 incurs in collecting the surcharges. All other municipalities
39.2 shall submit the report and surcharges on fees once a quarter
39.3 but shall retain the greater of four percent or that amount
39.4 collected up to $25 to apply against the administrative expenses
39.5 the municipalities incur in collecting the surcharges. The
39.6 report, which must be in a form prescribed by the commissioner,
39.7 must be submitted together with a remittance covering the
39.8 surcharges collected by the 15th day following the month or
39.9 quarter in which the surcharges are collected. All money
39.10 collected by the commissioner through surcharges and other fees
39.11 prescribed by sections 16B.59 to 16B.75, which are payable to
39.12 the state, must be paid shall be deposited in the state
39.13 government special revenue fund and is appropriated to the
39.14 commissioner who shall deposit them in the state treasury for
39.15 credit to a special revenue fund for the purpose of
39.16 administering and enforcing the state building code under
39.17 sections 16B.59 to 16B.75.
39.18 Sec. 27. [16B.93] [DEFINITIONS.]
39.19 Subdivision 1. [APPLICABILITY.] For purposes of sections
39.20 16B.93 to 16B.96, the terms in this section have the meanings
39.21 given them.
39.22 Subd. 2. [CONTRACTOR.] "Contractor" means an individual,
39.23 business entity, or other private organization that is awarded a
39.24 contract by the commissioner to negotiate and administer the
39.25 price contracts for prescription drugs under section 16B.94,
39.26 subdivision 2.
39.27 Subd. 3. [NONGOVERNMENTAL PHARMACEUTICAL CONTRACTING
39.28 ALLIANCE OR NONGOVERNMENTAL ALLIANCE.] "Nongovernmental
39.29 pharmaceutical contracting alliance" or "nongovernmental
39.30 alliance" means the alliance established and administered by the
39.31 commissioner under the authority granted in section 16B.94.
39.32 Subd. 4. [MANUFACTURER.] "Manufacturer" means a
39.33 manufacturer as defined under section 151.44, paragraph (c).
39.34 Subd. 5. [PRESCRIPTION DRUG.] "Prescription drug" means a
39.35 drug as defined in section 151.44, paragraph (d).
39.36 Subd. 6. [PURCHASER.] "Purchaser" means a pharmacy as
40.1 defined in section 151.01, subdivision 2, including pharmacies
40.2 operated by health maintenance organizations and hospitals.
40.3 Subd. 7. [SELLER.] "Seller" means a person, other than a
40.4 manufacturer, who sells or distributes drugs to purchasers or
40.5 other sellers within the state.
40.6 Sec. 28. [16B.94] [NONGOVERNMENTAL PHARMACEUTICAL
40.7 CONTRACTING ALLIANCE.]
40.8 Subdivision 1. [ESTABLISHMENT AND ADMINISTRATION.] The
40.9 commissioner, in consultation with appropriate experts on
40.10 pharmaceutical pricing, shall establish and administer a
40.11 nongovernmental pharmaceutical contracting alliance. The
40.12 nongovernmental alliance shall negotiate contracts for
40.13 prescription drugs with manufacturers and sellers and shall make
40.14 the contract prices negotiated available to purchasers. The
40.15 commissioner shall select the prescription drugs for which price
40.16 contracts are negotiated. The commissioner shall, to the
40.17 greatest extent feasible, operate the alliance using the
40.18 administrative and contracting procedures of the Minnesota
40.19 multistate governmental contracting alliance for pharmaceuticals
40.20 administered by the commissioner under the authority granted in
40.21 section 471.59. The commissioner may negotiate a price
40.22 differential based on volume purchasing and may also grant
40.23 multiple awards.
40.24 Subd. 2. [USE OF CONTRACTOR.] The commissioner may
40.25 contract with an individual, business entity, or other private
40.26 organization to serve as a contractor to negotiate and
40.27 administer the price contracts for prescription drugs. In
40.28 developing requirements for the contractor, the commissioner
40.29 shall consult with appropriate experts on pharmaceutical pricing.
40.30 Subd. 3. [ADMINISTRATIVE COSTS.] The commissioner may
40.31 charge manufacturers and sellers that enter into prescription
40.32 drug price contracts with the commissioner under subdivision 1 a
40.33 fee to cover the commissioner's expenses in negotiating and
40.34 administering the price contracts. The fee established shall
40.35 have the force and effect of law if the requirements of section
40.36 14.386, paragraph (a), are met. Section 14.386, paragraph (b),
41.1 does not apply. Fees collected by the commissioner under this
41.2 subdivision must be deposited in the state treasury and credited
41.3 to a special account. Money in the account is appropriated to
41.4 the commissioner to pay the costs of negotiating and
41.5 administering price contracts under this section.
41.6 Subd. 4. [EXPANSION TO OTHER STATES.] The commissioner may
41.7 expand the nongovernmental alliance to other states and make the
41.8 contract prices negotiated available to non-Minnesota purchasers.
41.9 Sec. 29. [16B.95] [STATE CONTRACT PRICE.]
41.10 Subdivision 1. [MANUFACTURER AND SELLER REQUIREMENT.] A
41.11 manufacturer or seller that contracts with the commissioner
41.12 shall make the contract price negotiated available to all
41.13 purchasers.
41.14 Subd. 2. [PURCHASER REQUIREMENT.] The commissioner shall
41.15 require purchasers that purchase prescription drugs at the
41.16 contract price to pass at least 75 percent of the savings
41.17 resulting from purchases at the negotiated contract price to
41.18 consumers. The commissioner may require a purchaser that plans
41.19 to purchase prescription drugs at the contract price negotiated
41.20 by the commissioner to submit any information regarding
41.21 prescription drug purchase projections the commissioner
41.22 determines is necessary for contract price negotiations.
41.23 Sec. 30. [16B.96] [NONDISCRIMINATION.]
41.24 A health plan company, as defined in section 62Q.01, shall
41.25 not discriminate against a purchaser for taking advantage of the
41.26 contract price negotiated by the commissioner.
41.27 Sec. 31. [43A.046] [STAFF REDUCTIONS.]
41.28 In order to maximize delivery of services to the public, if
41.29 layoffs of state employees are necessary, each agency with more
41.30 than 50 full-time equivalent employees must reduce at least the
41.31 same percentage of management and supervisory personnel as line
41.32 and support personnel.
41.33 Sec. 32. [43A.047] [CONTRACTED SERVICES.]
41.34 (a) Executive agencies, including the Minnesota state
41.35 colleges and universities system, must demonstrate that they
41.36 cannot use available staff before hiring outside consultants or
42.1 services. If use of consultants is necessary, agencies are
42.2 encouraged to negotiate contracts that will involve permanent
42.3 staff, so as to upgrade and maximize training of state employees.
42.4 (b) If agencies reduce operating budgets, agencies must
42.5 give priority to reducing spending on professional and technical
42.6 service contracts before laying off permanent employees.
42.7 (c) Agencies must report to senate finance and house ways
42.8 and means committees by August 1 each year on implementation of
42.9 this section during the previous fiscal year. The reports must
42.10 include amounts spent on professional and technical service
42.11 contracts during the previous fiscal year.
42.12 Sec. 33. Minnesota Statutes 1996, section 43A.17,
42.13 subdivision 4, is amended to read:
42.14 Subd. 4. [MEDICAL SPECIALISTS.] (a) The commissioner may
42.15 without regard to subdivision 1 establish special salary rates
42.16 and plans of compensation designed to attract and retain
42.17 exceptionally qualified doctors of medicine. These rates and
42.18 plans shall be included in the commissioner's plan. In
42.19 establishing salary rates and eligibility for nomination for
42.20 payment at special rates, the commissioner shall consider the
42.21 standards of eligibility established by national medical
42.22 specialty boards where appropriate. The incumbents assigned to
42.23 these special ranges shall be excluded from the collective
42.24 bargaining process.
42.25 (b) The commissioner may without regard to subdivision 1,
42.26 but subject to collective bargaining agreements or compensation
42.27 plans, establish special salary rates designed to attract and
42.28 retain exceptionally qualified information systems staff.
42.29 Sec. 34. Minnesota Statutes 1996, section 43A.38,
42.30 subdivision 4, is amended to read:
42.31 Subd. 4. [USE OF STATE PROPERTY.] (a) An employee shall
42.32 not use or allow the use of state time, supplies or state-owned
42.33 or leased property and equipment for the employee's private
42.34 interests or any other use not in the interest of the state,
42.35 except as provided by law.
42.36 (b) An employee may use state time, property, or equipment
43.1 to communicate electronically with other persons including, but
43.2 not limited to, elected officials, the employer, or an exclusive
43.3 bargaining representative under chapter 179A, provided this use,
43.4 including the value of the time spent, results in no incremental
43.5 cost to the state or results in an incremental cost that is so
43.6 small as to make accounting for it unreasonable or
43.7 administratively impracticable.
43.8 (c) The commissioners of administration and employee
43.9 relations shall issue a statewide policy on the use of
43.10 electronic mail and other forms of electronic communications by
43.11 executive branch state employees. The policy is not subject to
43.12 the provisions of chapter 14 or 179A. Appointing authorities in
43.13 the legislative and judicial branches shall issue policies on
43.14 these issues for their employees. The policies shall permit
43.15 state employees to make reasonable use of state time, property,
43.16 and equipment for personal communications and shall address
43.17 issues of privacy, content of communications, and the definition
43.18 of reasonable use as well as other issues the commissioners and
43.19 appointing authorities identify as necessary and relevant.
43.20 Sec. 35. [62J.685] [PRESCRIPTION DRUG PRICE DISCLOSURE.]
43.21 By January 1, 1998, and annually thereafter, a health plan
43.22 company or hospital licensed under chapter 144 must submit to
43.23 the attorney general the total amount of: (1) aggregate
43.24 purchases of prescription drugs, and (2) discount, rebate or
43.25 other payment received during the previous calendar year for
43.26 aggregate purchases of prescription drugs, including any fee
43.27 associated with education, data collection, research, training
43.28 or market share movement received from a manufacturer as defined
43.29 under section 151.44, paragraph (c), or wholesale drug
43.30 distributor as defined under section 151.44, paragraph (d). The
43.31 identification of individual manufacturers or wholesalers or
43.32 specific drugs is not required. The attorney general shall make
43.33 this information available to the public through the information
43.34 clearinghouse under section 62J.2930.
43.35 Sec. 36. Minnesota Statutes 1996, section 116P.05,
43.36 subdivision 1, is amended to read:
44.1 Subdivision 1. [MEMBERSHIP.] (a) A legislative commission
44.2 on Minnesota resources of 16 20 members is created, consisting
44.3 of the chairs of the house and senate committees on environment
44.4 and natural resources or designees appointed for the terms of
44.5 the chairs, the chairs of the house and senate committees on
44.6 environment and natural resources finance or designees appointed
44.7 for the terms of the chairs, the chairs of the house ways and
44.8 means and senate finance committees or designees appointed for
44.9 the terms of the chairs, six seven members of the senate
44.10 appointed by the subcommittee on committees of the committee on
44.11 rules and administration, and six seven members of the house
44.12 appointed by the speaker.
44.13 At least two three members from the senate and two three
44.14 members from the house must be from the minority caucus.
44.15 Members are entitled to reimbursement for per diem expenses plus
44.16 travel expenses incurred in the services of the commission.
44.17 (b) Members shall appoint a chair who shall preside and
44.18 convene meetings as often as necessary to conduct duties
44.19 prescribed by this chapter.
44.20 (c) Members shall serve on the commission until their
44.21 successors are appointed.
44.22 (d) Vacancies occurring on the commission shall not affect
44.23 the authority of the remaining members of the commission to
44.24 carry out their duties, and vacancies shall be filled in the
44.25 same manner under paragraph (a).
44.26 Sec. 37. Minnesota Statutes 1996, section 138.31, is
44.27 amended by adding a subdivision to read:
44.28 Subd. 14. "Qualified professional archaeologist" means an
44.29 archaeologist who meets the United States Secretary of the
44.30 Interior's professional qualification standards in Code of
44.31 Federal Regulations, title 36, part 61, appendix A, or
44.32 subsequent revisions.
44.33 Sec. 38. Minnesota Statutes 1996, section 138.35, is
44.34 amended to read:
44.35 138.35 [STATE ARCHAEOLOGIST.]
44.36 Subdivision 1. [APPOINTMENT.] The state archaeologist
45.1 shall be a qualified professional archaeologist who meets the
45.2 United States Secretary of the Interior's professional
45.3 qualification standards in Code of Federal Regulations, title
45.4 36, part 61, appendix A. The state archaeologist shall be paid
45.5 a salary in the range of salaries paid to comparable state
45.6 employees in the classified service. The state archaeologist
45.7 may not be employed by the Minnesota historical society. The
45.8 state archaeologist shall be appointed by the board executive
45.9 council of the Minnesota historical society in consultation with
45.10 the Indian affairs council for a four-year term. to perform the
45.11 duties in sections 138.31 to 138.42. The position is in the
45.12 unclassified service in the executive branch and is subject to
45.13 chapter 43A but not chapter 179A. The compensation and terms
45.14 and conditions of employment are as provided by section 43A.18,
45.15 subdivision 3. The state archaeologist's salary shall be
45.16 established by the commissioner of employee relations within a
45.17 range established by the commissioner of employee relations.
45.18 Subd. 1a. [ADMINISTRATIVE SUPPORT; STAFF.] The
45.19 commissioner of administration shall provide the state
45.20 archaeologist with necessary administrative services. State
45.21 agencies shall provide the state archaeologist upon request with
45.22 advisory staff services on matters relating to the duties and
45.23 jurisdiction of the state archaeologist. The state
45.24 archaeologist shall hire staff and maintain offices as necessary
45.25 to perform the duties in sections 138.31 to 138.42. Staff shall
45.26 serve in the unclassified service and be governed by section
45.27 43A.18, subdivision 2.
45.28 Subd. 1b. [CONTRACTS; VOLUNTEERS; GRANTS AND GIFTS.] The
45.29 state archaeologist may contract with the federal government,
45.30 local governmental units, other states, the university and other
45.31 educational institutions, and private persons or organizations
45.32 as necessary in the performance of the duties in sections 138.31
45.33 to 138.42. Contracts made under this section for professional
45.34 services shall not be subject to chapter 16B, as it relates to
45.35 competitive bidding. The state archaeologist may recruit,
45.36 train, and accept, without regard to personnel laws or rules,
46.1 the services of individuals as volunteers for or in aid of
46.2 performance of the state archaeologist's duties, and may provide
46.3 for the incidental expenses of volunteers, such as
46.4 transportation, lodging, and subsistence. The state
46.5 archaeologist may apply for, receive, and expend grants and
46.6 gifts of money consistent with the powers and duties in sections
46.7 138.31 to 138.42. Any money so received is appropriated for the
46.8 purpose for which it was granted.
46.9 Subd. 2. [DUTIES OF STATE ARCHAEOLOGIST.] The duties of
46.10 the state archaeologist shall include the following:
46.11 (a) to sponsor, engage in, and direct fundamental research
46.12 into the archaeology of this state and to encourage and
46.13 coordinate archaeological research and investigation undertaken
46.14 within the state.;
46.15 (b) to cooperate with other agencies of the state which may
46.16 have authority in areas where state sites are located, or which
46.17 may have the responsibility for marking state sites, or
46.18 arranging for their being viewed by the public.;
46.19 (c) to protect to the extent possible and to encourage the
46.20 preservation of archaeological sites located on privately owned
46.21 property.;
46.22 (d) to retrieve and protect objects of archaeological
46.23 significance discovered by field archaeology on state sites or
46.24 discovered during the course of any public construction or
46.25 demolition work, and, to the extent possible, those discovered
46.26 during the course of any other construction or demolition work.;
46.27 (e) to obtain for the state other objects of archaeological
46.28 significance, and data relating thereto.;
46.29 (f) to cooperate with the historical society, the
46.30 university, and other custodians to preserve objects of
46.31 archaeological significance, together with the data relating
46.32 thereto.;
46.33 (g) to disseminate archaeological facts through the
46.34 publication of reports of archaeological research conducted
46.35 within the state.;
46.36 (h) to approve licensing of qualified persons professional
47.1 archaeologists to engage in field archaeology on state sites, as
47.2 provided in section 138.36,; and
47.3 (i) to otherwise carry out and enforce sections 138.31 to
47.4 138.42.
47.5 Subd. 3. [EMPLOYMENT OF PERSONNEL.] The state
47.6 archaeologist may employ personnel to assist in carrying out the
47.7 state archaeologist's duties and may spend state appropriations
47.8 to compensate such personnel.
47.9 Sec. 39. Minnesota Statutes 1996, section 138.91, is
47.10 amended by adding a subdivision to read:
47.11 Subd. 4. [SALARY SUPPLEMENT.] The Minnesota humanities
47.12 commission is eligible for a salary supplement in the same
47.13 manner as state agencies. The commissioner of finance shall
47.14 determine the amount of the salary supplement based on available
47.15 appropriations. Employees of the commission shall be paid in
47.16 accordance with the appropriate pay plan.
47.17 Sec. 40. Minnesota Statutes 1996, section 151.21, is
47.18 amended by adding a subdivision to read:
47.19 Subd. 4a. A pharmacy must post a sign in a conspicuous
47.20 location and in a typeface easily seen at the counter where
47.21 prescriptions are dispensed stating: "In order to save you
47.22 money, this pharmacy will substitute whenever possible an
47.23 FDA-approved, less expensive, generic drug product, which is
47.24 therapeutically equivalent to and safely interchangeable with
47.25 the one prescribed by your doctor, unless you object to this
47.26 substitution.
47.27 Sec. 41. Minnesota Statutes 1996, section 176.611, is
47.28 amended by adding a subdivision to read:
47.29 Subd. 2a. [SETTLEMENT AND CONTINGENCY RESERVE ACCOUNT.] To
47.30 reduce long-term costs, minimize impairment to agency operations
47.31 and budgets, and distribute risk of one-time catastrophic
47.32 claims, the commissioner of employee relations shall maintain a
47.33 separate account within the state compensation revolving fund.
47.34 The account shall be used to pay for lump-sum or annuitized
47.35 settlements, structured claim settlements, and one-time large,
47.36 legal, catastrophic medical, indemnity, or other irregular claim
48.1 costs that might otherwise pose a significant burden for
48.2 agencies. The commissioner of employee relations, with the
48.3 approval of the commissioner of finance, may establish criteria
48.4 and procedures for payment from the account on an agency's
48.5 behalf. The commissioner of employee relations may assess
48.6 agencies on a reimbursement or premium basis from time-to-time
48.7 to ensure adequate account reserves. The account consists of
48.8 appropriations from the general fund, receipts from billings to
48.9 agencies, and credited investment gains or losses attributable
48.10 to balances in the account. The state board of investment shall
48.11 invest the assets of the account according to section 11A.24.
48.12 Sec. 42. [197.79] [VETERANS' BONUS PROGRAM.]
48.13 Subdivision 1. [DEFINITIONS.] For purposes of this
48.14 section, the following terms have the meanings given them.
48.15 (a) "Applicant" means a veteran or a veteran's guardian,
48.16 conservator, or personal representative or a beneficiary or a
48.17 beneficiary's guardian, conservator, or personal representative
48.18 who has filed an application with the commissioner for a bonus
48.19 under this section.
48.20 (b) "Application" means a request for a bonus payment by a
48.21 veteran, a veteran's beneficiary, or a veteran's guardian,
48.22 conservator, or personal representative through submission of
48.23 written information on a form designed by the commissioner for
48.24 this purpose.
48.25 (c) "Beneficiary" means in relation to a deceased veteran
48.26 and in the order named:
48.27 (1) the surviving spouse, if not remarried;
48.28 (2) the children of the veteran, if there is no surviving
48.29 spouse or the surviving spouse has remarried;
48.30 (3) the veteran's surviving parent or parents;
48.31 (4) the veteran's surviving sibling or siblings; or
48.32 (5) the veteran's estate.
48.33 (d) "Commissioner" means the commissioner of the department
48.34 of veterans affairs.
48.35 (e) "Department" means the department of veterans affairs.
48.36 (f) "Eligibility period for the bonus" means the period
49.1 from August 2, 1990, to July 31, 1991.
49.2 (g) "Guardian" or "conservator" means the legally appointed
49.3 representative of a minor beneficiary or incompetent veteran,
49.4 the chief officer of a hospital or institution in which the
49.5 incompetent veteran is placed if the officer is authorized to
49.6 accept money for the benefit of the minor or incompetent, the
49.7 person determined by the commissioner to be the person who is
49.8 legally charged with the responsibility for the care of the
49.9 minor beneficiary or incompetent veteran, or the person
49.10 determined by the commissioner to be the person who has assumed
49.11 the responsibility for the care of the minor beneficiary or
49.12 incompetent veteran.
49.13 (h) "Honorable service" means honorable service in the
49.14 United States armed forces, as evidenced by:
49.15 (1) an honorable discharge;
49.16 (2) a general discharge under honorable conditions;
49.17 (3) in the case of an officer, a certificate of honorable
49.18 service; or
49.19 (4) in the case of an applicant who is currently serving in
49.20 active duty in the United States armed forces, a certificate
49.21 from an appropriate service authority that the applicant's
49.22 service to date has been honorable.
49.23 (i) "Resident veteran" means a veteran who served in active
49.24 duty in the United States armed forces at any time during the
49.25 eligibility period for the bonus, and who also:
49.26 (1) has been separated or discharged from the United States
49.27 armed forces, and whose home of record at the time of entry into
49.28 active duty in the United States armed forces, as indicated on
49.29 the person's form DD-214, is the state of Minnesota; or
49.30 (2) is currently serving in the United States armed forces,
49.31 and has a certificate from an appropriate service authority
49.32 stating that the person: (i) served in active duty in the
49.33 United States armed forces at any time during the eligibility
49.34 period for the bonus; and (ii) had Minnesota as the home of
49.35 record at the time of entry into active duty in the United
49.36 States armed forces.
50.1 (j) "Service connected" means caused by an injury or
50.2 disease incurred or aggravated while on active duty, as
50.3 determined by the United States department of veterans affairs.
50.4 (k) "Veteran" has the meaning given in section 197.447, and
50.5 also includes:
50.6 (1) a person who is providing honorable service on active
50.7 duty in the United States armed forces and has not been
50.8 separated or discharged; or
50.9 (2) a member of a reserve component of the armed forces of
50.10 the United States, including the national guard, who was ordered
50.11 to active duty under United States Code, title 10, section 673b,
50.12 during the eligibility period for the bonus and who was deployed
50.13 to a duty station outside the state of Minnesota, as verified by
50.14 the appropriate service authority. An applicant's DD-214 form
50.15 showing award of the Southwest Asia service medal during the
50.16 eligibility period for the bonus will suffice as verification.
50.17 "Veteran" does not include a member of the national guard
50.18 or the reserve components of the United States armed forces
50.19 ordered to active duty for the sole purpose of training.
50.20 Subd. 2. [BONUS AMOUNT.] (a) For a resident veteran who
50.21 provided honorable service in the United States armed forces at
50.22 any time during the eligibility period for the bonus, the bonus
50.23 amount is:
50.24 (1) $300, if the veteran did not receive the Southwest Asia
50.25 service medal during the eligibility period for the bonus;
50.26 (2) $600, if the veteran received the Southwest Asia
50.27 service medal during the eligibility period for the bonus; or
50.28 (3) $2,000, if the veteran was eligible for the Southwest
50.29 Asia service medal during the eligibility period for the bonus,
50.30 and died during that time period as a direct result of a service
50.31 connected injury, disease, or condition.
50.32 (b) In the case of a deceased veteran, the commissioner
50.33 shall pay the bonus to the veteran's beneficiary.
50.34 (c) No payment may be made to a veteran or beneficiary who
50.35 has received a similar bonus payment from another state.
50.36 Subd. 3. [APPLICATION PROCESS.] A veteran, or the
51.1 beneficiary of a veteran, entitled to a bonus may make
51.2 application for a bonus to the department on a form prescribed
51.3 by the commissioner and verified by the applicant. If the
51.4 veteran is incompetent or the veteran's beneficiary is a minor
51.5 or incompetent, the application must be made by the person's
51.6 guardian or conservator. An application must be accompanied by
51.7 evidence of residency, honorable service, active duty service
51.8 during the eligibility period for the bonus, and any other
51.9 information the commissioner requires. The applicant must
51.10 indicate on the application form the bonus amount for which the
51.11 applicant expects to be eligible.
51.12 If the information provided in the application is
51.13 incomplete, the department must notify the applicant in writing
51.14 of that fact and must identify the items of information needed
51.15 to make a determination. After notifying an applicant that the
51.16 person's application is incomplete, the department shall hold
51.17 the application open while awaiting further information from the
51.18 applicant, and the applicant may submit that information without
51.19 filing an appeal and request for review.
51.20 Subd. 4. [BONUS DETERMINATION, APPEAL PROCESS, AND
51.21 PAYMENT.] (a) Except as provided in paragraphs (b) to (d), the
51.22 commissioner may not make a bonus payment to any applicant.
51.23 (b) Upon submission of proof to the department that an
51.24 applicant is entitled to payment under this section, the
51.25 department shall determine the amount of the bonus for which the
51.26 applicant is eligible. If the department's determination of the
51.27 bonus amount is in agreement with, or is greater than, the
51.28 amount requested by the applicant in the application, the
51.29 commissioner shall pay to the applicant the bonus amount, as
51.30 determined by the department.
51.31 (c) If the department determines that the bonus amount for
51.32 an applicant is less than the amount requested in the
51.33 application, the department shall notify the applicant in
51.34 writing of its determination, and include with that notification
51.35 a form that the applicant may use to accept the department's
51.36 determination and thereby waive the right to review of that
52.1 determination. A filing by the applicant of the acceptance and
52.2 waiver form with the department constitutes a waiver by the
52.3 applicant of the right to review. Upon receipt of such
52.4 acceptance and waiver from the applicant, the department shall
52.5 pay to the applicant the bonus amount, as determined by the
52.6 department. Unless an appeal is filed with the commissioner by
52.7 an applicant in accordance with paragraph (d), all orders,
52.8 decisions, and acts of the department with reference to the
52.9 claim of the applicant are final and conclusive upon the
52.10 applicant.
52.11 (d) Upon notification that the department's determination
52.12 of the bonus amount is less than the bonus amount requested by
52.13 the applicant in the application, the applicant may appeal the
52.14 department's determination and request a review by the
52.15 commissioner. The appeal and request for review must be made in
52.16 writing within 60 days of the department's mailing of its
52.17 determination. Following receipt by the department of an
52.18 applicant's appeal and request for review by the commissioner,
52.19 no payment shall be made by the department to the applicant
52.20 until the review has been completed. For such review, the
52.21 applicant may submit additional information to supplement the
52.22 information provided in the application, and may request that
52.23 the review be conducted either: (1) through written
52.24 correspondence; or (2) in person with the commissioner. The
52.25 commissioner shall act upon an appeal and request for review
52.26 within seven working days of its receipt by the department.
52.27 Following review by the commissioner of the application and any
52.28 additional information submitted or presented by the applicant,
52.29 the commissioner's determination is final. Any expenses
52.30 incurred by the applicant as the result of the applicant's
52.31 appeal and request for review are the obligation of the
52.32 applicant.
52.33 Subd. 5. [NOTICES.] Notices and correspondence to an
52.34 applicant must be directed to the applicant by mail at the
52.35 address listed in the application. Notices and correspondence
52.36 to the commissioner must be addressed to the commissioner's
53.1 office in St. Paul.
53.2 Subd. 6. [POWERS AND DUTIES OF THE COMMISSIONER.] (a) The
53.3 commissioner shall determine who is the beneficiary of a
53.4 deceased veteran and determine who is the person who has assumed
53.5 the responsibility for the care of any minor or incompetent.
53.6 (b) The commissioner may employ persons and may incur other
53.7 expenses necessary to administer this section.
53.8 Subd. 7. [TAX EXEMPT GIFTS.] The bonus payments provided
53.9 for by this section are gifts or gratuities given as a token of
53.10 appreciation to eligible veterans and are not compensation for
53.11 services rendered. The payments are exempt from state taxation.
53.12 Subd. 8. [NONASSIGNABLE; EXCEPTED FROM PROCESS.] A claim
53.13 for payment under this section is not assignable or subject to
53.14 garnishment, attachment, or levy of execution.
53.15 Subd. 9. [PENALTIES.] A person who knowingly makes a false
53.16 statement relating to a material fact in support of a claim for
53.17 a bonus under this section is guilty of a misdemeanor.
53.18 Subd. 10. [DEADLINE FOR APPLICATIONS.] The application
53.19 period for the bonus program established in this section shall
53.20 be November 1, 1997, to June 30, 1999. The department may not
53.21 receive or accept new applications after June 30, 1999.
53.22 Sec. 43. Minnesota Statutes 1996, section 327.33,
53.23 subdivision 2, is amended to read:
53.24 Subd. 2. [FEES.] The commissioner shall by rule establish
53.25 reasonable fees for seals, installation seals and inspections
53.26 which are sufficient to cover all costs incurred in the
53.27 administration of sections 327.31 to 327.35. The commissioner
53.28 shall also establish by rule a monitoring inspection fee in an
53.29 amount that will comply with the secretary's fee distribution
53.30 program. This monitoring inspection fee shall be an amount paid
53.31 by the manufacturer for each manufactured home produced in
53.32 Minnesota. The monitoring inspection fee shall be paid by the
53.33 manufacturer to the secretary. The rules of the fee
53.34 distribution program require the secretary to distribute the
53.35 fees collected from all manufactured home manufacturers among
53.36 states approved and conditionally approved based on the number
54.1 of new manufactured homes whose first location after leaving the
54.2 manufacturer is on the premises of a distributor, dealer or
54.3 purchaser in that state. All fees received money collected by
54.4 the commissioner shall be deposited in the state treasury and
54.5 credited to the general fund through fees prescribed by sections
54.6 327.31 to 327.36 shall be deposited in the state government
54.7 special revenue fund and is appropriated to the commissioner for
54.8 the purpose of administering and enforcing the manufactured home
54.9 building code under sections 327.31 to 327.36.
54.10 Sec. 44. Minnesota Statutes 1996, section 327B.04,
54.11 subdivision 7, is amended to read:
54.12 Subd. 7. [FEES; LICENSES; WHEN GRANTED.] Each application
54.13 for a license or license renewal must be accompanied by a fee in
54.14 an amount established by the commissioner by rule pursuant to
54.15 section 327B.10, which shall be paid into the state treasury and
54.16 credited to the general fund. The fees shall be set in an
54.17 amount which over the fiscal biennium will produce revenues
54.18 approximately equal to the expenses which the commissioner
54.19 expects to incur during that fiscal biennium while administering
54.20 and enforcing sections 327B.01 to 327B.12. All money collected
54.21 by the commissioner through fees prescribed in sections 327B.01
54.22 to 327B.12 shall be deposited in the state government special
54.23 revenue fund and is appropriated to the commissioner for
54.24 purposes of administering and enforcing the provisions of this
54.25 chapter. The commissioner shall grant or deny a license
54.26 application or a renewal application within 60 days of its
54.27 filing. If the license is granted, the commissioner shall
54.28 license the applicant as a dealer or manufacturer for the
54.29 remainder of the calendar year. Upon application by the
54.30 licensee, the commissioner shall renew the license for a two
54.31 year period, if:
54.32 (a) the renewal application satisfies the requirements of
54.33 subdivisions 3 and 4;
54.34 (b) the renewal applicant has made all listings,
54.35 registrations, notices and reports required by the commissioner
54.36 during the preceding year; and
55.1 (c) the renewal applicant has paid all fees owed pursuant
55.2 to sections 327B.01 to 327B.12 and all taxes, arrearages, and
55.3 penalties owed to the state.
55.4 Sec. 45. Minnesota Statutes 1996, section 349.163,
55.5 subdivision 4, is amended to read:
55.6 Subd. 4. [INSPECTION OF MANUFACTURERS.] Employees of the
55.7 board and the division of gambling enforcement may inspect the
55.8 books, records, inventory, and business premises of a licensed
55.9 manufacturer without notice during the normal business hours of
55.10 the manufacturer. The board may charge a manufacturer for the
55.11 actual cost of conducting scheduled or unscheduled inspections
55.12 of the manufacturer's facilities, where the amount charged to
55.13 the manufacturer for such inspections in any year does not
55.14 exceed $7,500. The board shall deposit in a separate account in
55.15 the state treasury all money received as reimbursement for the
55.16 costs of inspections. Until July 1, 1999, money in the account
55.17 is appropriated to the board to pay the costs of the inspections.
55.18 Sec. 46. Minnesota Statutes 1996, section 356.865,
55.19 subdivision 3, is amended to read:
55.20 Subd. 3. [COST STATE APPROPRIATION.] The cost of the
55.21 payments made under this section is the responsibility of the
55.22 state. Payments under this section are the responsibility of
55.23 the Minneapolis employees retirement fund. A separate state aid
55.24 is provided toward the level dollar amortized cost of the
55.25 payments. For state fiscal years 1992 to 2001 inclusive, there
55.26 is appropriated annually $550,000 from the general fund to the
55.27 commissioner of finance to be added, in quarterly installments,
55.28 to the annual state contribution amount determined under section
55.29 422A.101, subdivision 3. After fiscal year 2001, any difference
55.30 between the cumulative benefit amounts actually paid under this
55.31 section after fiscal year 1991 and the amounts paid to the
55.32 retirement fund by the state under this subdivision plus
55.33 investment earnings on the aid shall be included by the
55.34 retirement fund board and the actuary retained by the
55.35 legislative commission on pensions and retirement in determining
55.36 financial requirements of the fund and contributions under
56.1 section 422A.101.
56.2 Sec. 47. Minnesota Statutes 1996, section 363.073,
56.3 subdivision 1, is amended to read:
56.4 Subdivision 1. [SCOPE OF APPLICATION.] No department or
56.5 agency of the state shall accept any bid or proposal for a
56.6 contract or agreement or execute any contract or agreement for
56.7 goods or services in excess of $50,000 with any business having
56.8 more than 20 full-time employees, either within or outside this
56.9 state, on a single working day during the previous 12 months,
56.10 unless the firm or business has an affirmative action plan for
56.11 the employment of minority persons, women, and the disabled that
56.12 has been approved by the commissioner of human rights. Receipt
56.13 of a certificate of compliance issued by the commissioner shall
56.14 signify that a firm or business has an affirmative action plan
56.15 that has been approved by the commissioner. A certificate shall
56.16 be valid for a period of two years. A municipality as defined
56.17 in section 466.01, subdivision 1, that receives state money for
56.18 any reason is encouraged to prepare and implement an affirmative
56.19 action plan for the employment of minority persons, women, and
56.20 the disabled and submit the plan to the commissioner of human
56.21 rights.
56.22 Sec. 48. Minnesota Statutes 1996, section 422A.101,
56.23 subdivision 3, is amended to read:
56.24 Subd. 3. [STATE CONTRIBUTIONS.] (a) Subject to the
56.25 limitation set forth in paragraph (c), the state shall pay to
56.26 the Minneapolis employees retirement fund annually an amount
56.27 equal to the amount calculated under paragraph (b).
56.28 (b) The payment amount is an amount equal to the financial
56.29 requirements of the Minneapolis employees retirement fund
56.30 reported in the actuarial valuation of the fund prepared by the
56.31 commission-retained actuary pursuant to section 356.215 for the
56.32 most recent year but based on a target date for full
56.33 amortization of the unfunded actuarial accrued liabilities by
56.34 June 30, 2020, less the amount of employee contributions
56.35 required pursuant to section 422A.10, and the amount of employer
56.36 contributions required pursuant to subdivisions 1a, 2, and 2a.
57.1 Payments shall be made in four equal installments, occurring on
57.2 March 15, July 15, September 15, and November 15 annually.
57.3 (c) The annual state contribution under this subdivision
57.4 may not exceed $10,455,000 through fiscal year 1998 and
57.5 $9,000,000 beginning in fiscal year 1999, plus the cost of the
57.6 annual supplemental benefit determined under section 356.865.
57.7 (b) (d) If the amount determined under paragraph (a) (b)
57.8 exceeds the limitation on the state payment in paragraph
57.9 (a) $11,910,000, the excess must be allocated to and paid to the
57.10 fund by the employers identified in subdivisions 1a and 2, other
57.11 than units of metropolitan government. Each employer's share of
57.12 the excess is proportionate to the employer's share of the
57.13 fund's unfunded actuarial accrued liability as disclosed in the
57.14 annual actuarial valuation prepared by the actuary retained by
57.15 the legislative commission on pensions and retirement compared
57.16 to the total unfunded actuarial accrued liability attributed to
57.17 all employers identified in subdivisions 1a and 2, other than
57.18 units of metropolitan government. Payments must be made in
57.19 equal installments as set forth in paragraph (a) (b).
57.20 Sec. 49. [465.803] [REPAYMENT OF GRANTS.]
57.21 Subdivision 1. [REPAYMENT PROCEDURES.] Without regard to
57.22 whether a grant recipient offered to repay the grant in its
57.23 original application, as part of a grant awarded under section
57.24 465.798, 465.799, or 465.801, the board may require the grant
57.25 recipient to repay all or part of the grant if the board
57.26 determines the project funded by the grant resulted in an actual
57.27 savings for the participating local units of government. The
57.28 grant agreement must specify how the savings are to be
57.29 determined and the period of time over which the savings will be
57.30 used to calculate a repayment requirement. The repayment of
57.31 grant money under this section may not exceed an amount equal to
57.32 the total savings achieved through the implementation of the
57.33 project multiplied by the total amount of the grant divided by
57.34 the total budget for the project and may not exceed the total
57.35 amount of the original grant.
57.36 Subd. 2. [BONUS POINTS.] In addition to the points awarded
58.1 to competitive grant applications under section 465.802, the
58.2 board shall award additional points to any applicant that
58.3 projects a potential cost savings through the implementation of
58.4 its project and offers to repay the grant money under the
58.5 formula in subdivision 1.
58.6 Subd. 3. [USE OF REPAYMENT REVENUE.] All grant money
58.7 repaid to the board under this section is appropriated to the
58.8 board for additional grants authorized by sections 465.798,
58.9 465.799, and 465.801.
58.10 Sec. 50. Minnesota Statutes 1996, section 475A.06,
58.11 subdivision 7, is amended to read:
58.12 Subd. 7. [AUTHORITY FOR BONDS; LIMIT; APPROPRIATION
58.13 PURPOSE; PROCEDURAL SOURCES.] The commissioner of finance is
58.14 authorized to sell and issue Minnesota state municipal aid bonds
58.15 in an aggregate principal amount not to exceed
58.16 $4,330,000 $1,192,295, the proceeds of which, except as provided
58.17 in subdivision 1, are appropriated to the state municipal bond
58.18 guaranty fund for the purpose of providing funds to be loaned to
58.19 municipalities for the acquisition and betterment of public
58.20 lands and buildings and other public improvements of a capital
58.21 nature, when needed to pay the principal of or interest on bonds
58.22 issued for this purpose or bonds issued to refund such
58.23 guaranteed bonds, in accordance with the provisions of sections
58.24 475A.01 to 475A.06. The bonds shall be sold, issued, and
58.25 secured as provided in subdivisions 1 to 6 and in Article XI,
58.26 Section 7 of the Constitution.
58.27 Sec. 51. [TEEN COURT PROGRAM.]
58.28 Subdivision 1. [DEFINITIONS.] For purposes of this
58.29 section, the following terms have the meanings given.
58.30 (a) "Minor offense" means:
58.31 (1) a juvenile petty offense;
58.32 (2) a petty misdemeanor; or
58.33 (3) any misdemeanor, other than a misdemeanor-level
58.34 violation of Minnesota Statutes, section 588.20 (contempt of
58.35 court), 609.224 (fifth degree assault), 609.2242 (domestic
58.36 assault), 609.324 (prostitution and related crimes), 609.563
59.1 (arson in the third degree), 609.576 (negligent fires, dangerous
59.2 smoking), 609.66 (dangerous weapons), or 617.23 (indecent
59.3 exposure), a major traffic offense, or an adult traffic offense,
59.4 as defined in Minnesota Statutes, section 260.193.
59.5 (b) "Teen" means an individual who is at least 10 years old
59.6 but less than 18 years old.
59.7 (c) "Teen court" and "teen court program" mean an
59.8 alternative procedure under which a local law enforcement
59.9 agency, county attorney, school, or probation agency may divert
59.10 from the juvenile court system a teen who allegedly has
59.11 committed a minor offense, on condition that the teen
59.12 voluntarily appear before and receive a disposition from a jury
59.13 of the teen's peers and successfully complete the terms and
59.14 conditions of the disposition. These programs also may be used
59.15 by a school as an alternative to formal school disciplinary
59.16 proceedings.
59.17 Subd. 2. [SUPREME COURT RULES.] The supreme court is
59.18 requested to adopt rules and procedures to govern the teen court
59.19 program that are consistent with this section.
59.20 Subd. 3. [APPLICATION TO ESTABLISH TEEN COURT.] (a) Any
59.21 group of two or more adult sponsors may apply to the office of
59.22 strategic and long-range planning to establish a teen court.
59.23 These sponsors must be affiliated with an agency, entity, or
59.24 other organized program or group.
59.25 (b) An application to establish a teen court must include:
59.26 (1) the names, addresses, and telephone numbers of two or
59.27 more adult sponsors and a description of the entity, agency, or
59.28 other organized program or group with which the adult sponsors
59.29 are affiliated;
59.30 (2) the names, addresses, and telephone numbers of all
59.31 teens who have signed letters of commitment to participate
59.32 voluntarily as teen court members in the teen court program;
59.33 (3) a certification from the adult sponsors that adequate
59.34 adult sponsorship exists and that there are a sufficient number
59.35 of teen volunteers to make the functioning of the teen court
59.36 feasible and meaningful; and
60.1 (4) a letter of support from the judicial district court
60.2 administrator agreeing to help the teen court track the
60.3 recidivism rates of teen court participants.
60.4 Subd. 4. [REFERRAL TO TEEN COURT PROGRAM.] Once the teen
60.5 court program has been established, it may receive referrals for
60.6 eligible teens from local law enforcement, county attorneys,
60.7 school officials, and probation agencies. The process of
60.8 referral is to be established by the individual teen court
60.9 program, in coordination with other established teen court
60.10 programs in the judicial district.
60.11 Subd. 5. [FEE.] The teen court program may require a teen
60.12 to pay a nonrefundable fee to cover the costs of administering
60.13 the program. This fee must be reduced or waived for a
60.14 participant who does not have the ability to pay the fee.
60.15 Subd. 6. [TEEN COURT PROGRAM COMPONENTS.] (a) Before a
60.16 teen participates in the teen court program, a teen court
60.17 sponsor or the referring source must:
60.18 (1) contact the victim, if any, of the offense, or make a
60.19 good faith attempt to contact the victim, if any, and the victim
60.20 must be advised that the victim may participate in the teen
60.21 court proceedings; and
60.22 (2) at least seven days before the teen participates in the
60.23 program, provide to the county attorney of the teen's residence
60.24 the teen's name, date of birth, and residential address and a
60.25 description of the offense.
60.26 (b) Before a teen court disposes of a case, it must
60.27 establish a range of dispositional alternatives for offenses
60.28 that is appropriate to the teen court's community. These
60.29 dispositions may include the following:
60.30 (1) community service;
60.31 (2) mandatory participation in appropriate counseling,
60.32 appropriate treatment, law-related educational classes, or other
60.33 educational programs;
60.34 (3) a requirement that the teen defendant participate as a
60.35 juror in future proceedings before the teen court;
60.36 (4) restitution, where appropriate; and
61.1 (5) a fine, not to exceed the amount permitted in Minnesota
61.2 Statutes, section 260.195. The fine permitted in Minnesota
61.3 Statutes, section 260.185, may only be imposed for misdemeanor
61.4 level offenses.
61.5 The teen court does not have the power to place a teen
61.6 outside the home.
61.7 (c) Except as provided in paragraph (d), the teen court
61.8 program may be used only where:
61.9 (1) the teen acknowledges responsibility for the offense;
61.10 (2) the teen voluntarily agrees to participate in the teen
61.11 court program;
61.12 (3) the judge of the teen court is a judge or an attorney
61.13 admitted to practice law in this state;
61.14 (4) the teen's parent or legal guardian accompanies the
61.15 teen in all teen court proceedings;
61.16 (5) the county attorney does not notify the teen court
61.17 before the teen's participation that the offense will be handled
61.18 in juvenile court or in a pretrial diversion program established
61.19 under Minnesota Statutes, section 388.24; and
61.20 (6) the teen court program has established a training
61.21 component for teen and adult volunteers.
61.22 (d) When a teen court operates as an alternative to a
61.23 school disciplinary policy, the teen's parent or legal guardian
61.24 must be notified of the teen's involvement in the program,
61.25 according to the school district's disciplinary policy. The
61.26 teen's parent or legal guardian does not need to accompany the
61.27 teen in teen court proceedings.
61.28 (e) The teen court shall notify the referring source as
61.29 soon as possible upon discovery that the teen has failed to
61.30 comply with any part of the disposition imposed under paragraph
61.31 (b). Either juvenile court proceedings or formal school
61.32 disciplinary proceedings, where applicable, or both, may be
61.33 commenced against a teen who fails to comply with the
61.34 disposition under paragraph (b).
61.35 Subd. 7. [EVALUATION AND REPORTS.] (a) The results of all
61.36 proceedings in teen court must be reported to the office of
62.1 strategic and long-range planning on a form provided by that
62.2 office. The teen court must submit the report no later than
62.3 July 15 for all activity during the first six months of the
62.4 calendar year and by January 15 for all activity during the last
62.5 six months of the preceding calendar year. A copy of this
62.6 report also must be provided to the county attorney of the
62.7 county in which the teen court operates. Each report must
62.8 include the following:
62.9 (1) the number of cases handled by the teen court,
62.10 including a breakdown of the number of cases from each referring
62.11 agency;
62.12 (2) a list of the offenses for which the teen court imposed
62.13 a disposition, including a breakdown showing the number of teen
62.14 court participants committing each type of offense;
62.15 (3) a list of the dispositions imposed by the teen court,
62.16 including a breakdown showing the number of times each
62.17 particular disposition was imposed; and
62.18 (4) information on the cases that were referred back to the
62.19 referring agency under subdivision 6, paragraph (e).
62.20 (b) Each teen court shall report to the office of strategic
62.21 and long-range planning by June 30 each year on its progress in
62.22 achieving outcome measures and indicators. This report must
62.23 include an analysis of recidivism rates for teen court
62.24 participants, based upon a method for measuring these rates as
62.25 determined by the office of strategic and long-range planning.
62.26 (c) The office of strategic and long-range planning shall
62.27 assist teen court programs in developing outcome measures and
62.28 indicators. These outcome measures and indicators must be
62.29 established before any teen court begins to impose dispositions
62.30 and must allow for both evaluation of each teen court program
62.31 and for statewide evaluation of the teen court program.
62.32 Subd. 8. [ADMINISTRATION.] The office of strategic and
62.33 long-range planning has authority to administer funds to teen
62.34 court programs that comply with this section and the supreme
62.35 court rules adopted under this section. The office of strategic
62.36 and long-range planning may receive and administer public and
63.1 private funds for the purpose of this section.
63.2 Sec. 52. [YOUTH SPORTS PROGRAMS; CRITERIA.]
63.3 The Minnesota amateur sports commission shall develop a
63.4 plan to promote recreational programs for youth. The proposals
63.5 must be for programs for which there is a demonstrated shortage
63.6 of access, based on needs of youth. The plan must be based on
63.7 the criteria in this section.
63.8 (a) The programs must be intended primarily for use for
63.9 youth sports in the entire community and not for school athletic
63.10 functions.
63.11 (b) Programs must emphasize access for low-income youth and
63.12 for other youth who would not otherwise have access to the
63.13 programs.
63.14 (c) Proposals must contain a plan to ensure equitable use
63.15 for youth of each gender.
63.16 (d) To the extent possible, program grants must be
63.17 dispersed equitably, must be located to maximize potential for
63.18 full utilization, and must accommodate noncompetitive family and
63.19 community use for all ages in addition to use for competitive
63.20 youth sports.
63.21 (e) To the extent possible, 50 percent of all grants must
63.22 be awarded to communities in greater Minnesota.
63.23 Sec. 53. [ADVISORY COUNCIL ON ECONOMIC FUTURE.]
63.24 (a) The director of the office of strategic and long-range
63.25 planning shall convene an advisory council on Minnesota's
63.26 economic future to:
63.27 (1) agree on a set of strategic goals to guide the state's
63.28 development through the year 2010;
63.29 (2) develop a set of indicators to measure progress toward
63.30 those goals; and
63.31 (3) develop a mechanism to renew and update strategies and
63.32 goals on an ongoing basis and monitor and report results to the
63.33 people of this state.
63.34 (b) The advisory council shall consist of 13 members. Ten
63.35 legislators shall be appointed as follows: three by the speaker
63.36 of the house of representatives, two by the minority leader of
64.1 the house of representatives, and five by the subcommittee on
64.2 committees of the committee on rules and administration of the
64.3 senate, two of whom must be members of the minority party or an
64.4 independent. The other three members are the director of
64.5 strategic and long-range planning, the commissioner of finance,
64.6 and the commissioner of trade and economic development. The
64.7 governor may designate other commissioners or agency heads to
64.8 serve as nonvoting members. The speaker of the house and the
64.9 subcommittee on committees of the senate may appoint additional
64.10 legislators to serve as nonvoting members. The advisory council
64.11 may consult with knowledgeable persons from the public and
64.12 private sectors.
64.13 (c) The advisory council shall report its findings and
64.14 recommendations to the legislature by February 15, 1998. The
64.15 advisory council expires upon submission of its report.
64.16 Sec. 54. [ADVISORY COUNCIL ON LOCAL GOVERNMENT.]
64.17 Subdivision 1. [ESTABLISHED.] An advisory council on the
64.18 roles and responsibilities of local governments is established.
64.19 Subd. 2. [DUTIES.] The advisory council shall study and
64.20 make recommendations to the legislature by July 1, 1998, on the
64.21 appropriate roles and responsibilities of local and regional
64.22 government in the metropolitan area, as defined in Minnesota
64.23 Statutes, section 473.121, subdivision 2. The advisory council
64.24 shall examine:
64.25 (1) what services should be provided and what functions
64.26 fulfilled by local or regional government;
64.27 (2) what level of government is appropriate for the
64.28 efficient, effective, and equitable delivery of these services
64.29 and functions;
64.30 (3) what powers are needed by local and regional government
64.31 to deliver the services; and
64.32 (4) what governance structures will meet the identified
64.33 roles and responsibilities of local and regional government and
64.34 be responsive to, understandable by, and accountable to citizens.
64.35 The advisory council may consider alternatives to the
64.36 existing governance structures in order to fulfill the
65.1 requirements of this section.
65.2 Subd. 3. [MEMBERSHIP.] The advisory council consists of 25
65.3 members, who serve at the pleasure of the appointing authority,
65.4 as follows:
65.5 (1) four representatives of cities, appointed by the
65.6 association of metropolitan municipalities;
65.7 (2) two representatives of towns, appointed by the
65.8 Minnesota association of townships;
65.9 (3) four representatives of counties, appointed by the
65.10 association of Minnesota counties;
65.11 (4) two representatives of school districts, appointed by
65.12 the Minnesota school boards association;
65.13 (5) eight legislators; four house members, of whom two are
65.14 members of the majority caucus appointed by the speaker of the
65.15 house of representatives and two are members of the minority
65.16 caucus appointed by the house minority leader; and four senate
65.17 members, of whom two are members of the majority caucus and two
65.18 are members of the minority caucus, appointed by the
65.19 subcommittee on committees of the committee on rules and
65.20 administration;
65.21 (6) the chair of the metropolitan council, or the chair's
65.22 designee; and
65.23 (7) four public members, appointed by the governor.
65.24 Members must be appointed as soon as practicable after the
65.25 effective date of this section.
65.26 Subd. 4. [FIRST MEETING; SELECTION OF A CHAIR.] A member
65.27 appointed by the association of metropolitan municipalities
65.28 shall be selected by the association to convene the first
65.29 meeting of the advisory council. At the first meeting, the
65.30 advisory council shall select a member to serve as chair.
65.31 Subd. 5. [ADMINISTRATIVE; STAFF ASSISTANCE.] The office of
65.32 strategic and long-range planning shall provide administrative
65.33 and staff assistance to the advisory council.
65.34 Subd. 6. [EXPIRATION.] The advisory council established
65.35 under subdivision 1 expires June 30, 1999.
65.36 Sec. 55. [CORPORATE SUBSIDY REFORM COMMISSION.]
66.1 Subdivision 1. [ESTABLISHMENT.] (a) A bipartisan corporate
66.2 subsidy reform commission is created.
66.3 (b) The commission shall evaluate selected subsidy programs
66.4 and tax laws for the following:
66.5 (1) public purpose; including jobs, wages, and other
66.6 economic development benefits;
66.7 (2) criterion for award; and
66.8 (3) accountability and enforcement mechanisms used to
66.9 facilitate the achievement of the public purpose.
66.10 (c) The commission shall examine whether these subsidy
66.11 programs or tax laws impede competition or provide preferential
66.12 treatment to private enterprises.
66.13 Subd. 2. [SCOPE.] The commission shall review subsidy
66.14 programs and tax laws including:
66.15 (1) tax expenditures and other tax concessions;
66.16 (2) direct spending and loans;
66.17 (3) public spending that indirectly affects the economic
66.18 development of the region; and
66.19 (4) regulation of private activity for the purpose of
66.20 economic development.
66.21 Subd. 3. [REPORT.] The commission shall submit a report to
66.22 the legislature by December 15, 1997. Included within the
66.23 report, the commission may suggest changes in the public
66.24 purpose, criterion for award, administration, accountability and
66.25 enforcement mechanisms, and funding of the subsidy programs.
66.26 The commission may also suggest changes in the applicable tax
66.27 laws.
66.28 Subd. 4. [MEMBERSHIP.] The commission consists of 19
66.29 members. The speaker of the house shall appoint five members,
66.30 including at least two members of the minority caucus. The
66.31 senate subcommittee on committees shall appoint five members,
66.32 including at least two members of the minority caucus. The
66.33 commissioner of trade and economic development and the
66.34 commissioner of revenue shall each appoint one member from their
66.35 respective departments. These members shall appoint seven
66.36 members from the general public, of which at most two members
67.1 directly receive some type of public assistance described in
67.2 subdivision 2.
67.3 Subd. 5. [STAFF ASSISTANCE.] House and senate employees
67.4 must staff the commission.
67.5 Subd. 6. [NOTIFICATION.] In accordance with Minnesota
67.6 Statutes, section 471.705, the public may attend any meeting
67.7 held by the commission.
67.8 Subd. 7. [EXPIRATION.] The commission established under
67.9 subdivision 1 expires July 1, 1998.
67.10 Sec. 56. [INFORMATION POLICY TASK FORCE.]
67.11 Subdivision 1. [CREATION.] An information policy task
67.12 force is created to study and make recommendations regarding
67.13 Minnesota law on public information policy, including government
67.14 data practices and information technology issues. The task
67.15 force consists of:
67.16 (1) two members of the senate appointed by the
67.17 subcommittees on committees of the committee on rules and
67.18 administration;
67.19 (2) two members of the house of representatives appointed
67.20 by the speaker;
67.21 (3) four members appointed by the governor;
67.22 (4) two nonlegislative members appointed by the
67.23 subcommittee on committees of the committee on rules and
67.24 administration of the senate; and
67.25 (5) two nonlegislative members appointed by the speaker of
67.26 the house of representatives.
67.27 At least one member from each legislative body must be a
67.28 member of the majority party and at least one member from each
67.29 body must be a member of the minority party or an independent.
67.30 Subd. 2. [DUTIES; REPORT.] The task force shall study:
67.31 (1) the content and organization of government data
67.32 practices statutes in Minnesota Statutes, chapter 13, and
67.33 related statutes dealing with access to government data, fair
67.34 information practices, and privacy;
67.35 (2) issues related to surveillance and other forms of
67.36 information technology, including the impact of technology on
68.1 data practices and privacy;
68.2 (3) procedures and structures for developing and
68.3 implementing a coherent and coordinated approach to public
68.4 information policy;
68.5 (4) approaches to information policy in other states and
68.6 foreign jurisdictions; and
68.7 (5) other information policy issues identified by the task
68.8 force.
68.9 In its study of statutes under clause (1), the task force
68.10 shall include an evaluation to determine whether any statutes
68.11 are inconsistent or obsolete.
68.12 The task force shall submit a progress report to the
68.13 legislature by February 1, 1998, and a final report of its
68.14 findings and recommendations, including any proposed
68.15 legislation, to the legislature by January 15, 1999.
68.16 Subd. 3. [SUPPORT.] The commissioner of administration and
68.17 the director of the office of strategic and long-range planning
68.18 shall provide staff and other support services to the task force.
68.19 Legislative support to the task force must come from existing
68.20 resources. The executive director of the Minnesota office of
68.21 technology or the executive director's designee shall assist in
68.22 the task force's activities.
68.23 Subd. 4. [COMPENSATION.] When authorized by the task
68.24 force, members of the task force who are not legislators or
68.25 full-time employees of the state or a political subdivision
68.26 shall be compensated at the rate of $55 a day spent on task
68.27 force activities, plus expenses in the same manner and amount as
68.28 authorized by the commissioner's plan adopted under Minnesota
68.29 Statutes, section 43A.18, subdivision 2, and child care expenses
68.30 that would not have been incurred if the member had not attended
68.31 the task force meeting. A member who is a full-time employee of
68.32 the state or a political subdivision may not receive the daily
68.33 payment, but may suffer no loss in compensation or benefits from
68.34 the state or the political subdivision as a result of service on
68.35 the task force. A member who is a full-time employee of the
68.36 state or a political subdivision may receive the expenses
69.1 provided for in this subdivision unless the expenses are
69.2 reimbursed by another source. A member who is an employee of
69.3 the state or a political subdivision may be reimbursed for child
69.4 care expenses only for time spent on task force activities that
69.5 are outside their normal working hours.
69.6 Subd. 5. [EXPIRATION.] The task force expires upon
69.7 submission of its final report to the legislature under
69.8 subdivision 2.
69.9 Sec. 57. [STUDY OF SCHOOL FUND LAND MANAGEMENT.]
69.10 If directed by the legislative audit commission, the
69.11 legislative auditor shall conduct the studies in this section.
69.12 The legislative auditor shall conduct a study to determine
69.13 whether the administrative costs expended by the department of
69.14 natural resources to manage permanent school fund land reflect
69.15 the actual cost of managing the permanent school fund land. The
69.16 study shall also encompass investment policies to maximize
69.17 returns to the fund. The auditor shall also study whether
69.18 another unit of government could manage the permanent school
69.19 fund land more cost-efficiently. The auditor shall report to
69.20 the permanent school fund advisory committee by January 15, 1998.
69.21 Sec. 58. [AGENCY EXAMINATION.]
69.22 During the interim between the 1997 and 1998 regular
69.23 sessions, the governmental operations budget division of the
69.24 senate shall conduct a thorough review of the operation and
69.25 financing of the following state agencies: the departments of
69.26 administration, finance, and revenue; the board of the arts; and
69.27 the Minnesota amateur sports commission. The agencies shall
69.28 make their books, records, documents, accounting procedures, and
69.29 practices available for examination by the division and division
69.30 staff. Agency personnel shall assist the division and division
69.31 staff in developing a better understanding of how the agencies
69.32 operate.
69.33 Sec. 59. [REVIEW OF OBSOLETE RULES AND STUDY OF
69.34 OUTCOME-BASED REGULATION.]
69.35 The senate committee on governmental operations and
69.36 veterans and the house committee on governmental operations, in
70.1 cooperation with the affected state agencies, shall review
70.2 Minnesota Rules and report to the legislature by January 15,
70.3 1998, any rules that the committees find to be obsolete,
70.4 unnecessary, or duplicative of other state or federal rules or
70.5 statutes. The report must include any necessary legislation the
70.6 committees propose to eliminate the rules or correct the
70.7 duplication. In addition, the committee should complete a study
70.8 on whether to require state agencies to implement outcome-based
70.9 regulatory programs whenever feasible.
70.10 Sec. 60. [RULE VOID.]
70.11 (a) That portion of Minnesota Rules, part 1350.7300,
70.12 subpart 2, which requires that commercial office space must be
70.13 separated from other areas of the building by floor-to-ceiling
70.14 walls is void.
70.15 (b) The commissioner of administration shall amend
70.16 Minnesota Rules, part 1350.7300, subpart 2, to conform with
70.17 paragraph (a). This amendment may be done in the manner
70.18 specified in Minnesota Statutes, section 14.388, clause (3), or
70.19 may be done the next time the commissioner proposes other
70.20 amendments to rules relating to the state building code or
70.21 manufactured homes.
70.22 Sec. 61. [VOLUNTARY UNPAID LEAVE OF ABSENCE.]
70.23 Appointing authorities in state government shall encourage
70.24 each employee to take an unpaid leave of absence for up to 160
70.25 hours during the period ending June 30, 1999. Each appointing
70.26 authority approving such a leave shall allow the employee to
70.27 continue accruing vacation and sick leave, be eligible for paid
70.28 holidays and insurance benefits, accrue seniority, and accrue
70.29 service credit in state retirement plans permitting service
70.30 credits for authorized leaves of absence as if the employee had
70.31 actually been employed during the time of the leave. If the
70.32 leave of absence is for one full pay period or longer, any
70.33 holiday pay shall be included in the first payroll warrant after
70.34 return from the leave of absence. The appointing authority
70.35 shall attempt to grant requests for unpaid leaves of absence
70.36 consistent with the need to continue efficient operation of the
71.1 agency. However, each appointing authority shall retain
71.2 discretion to grant or refuse to grant requests for leaves of
71.3 absence and to schedule and cancel leaves, subject to applicable
71.4 provisions of collective bargaining agreements and compensation
71.5 plans.
71.6 Sec. 62. [BOND SALE AUTHORIZATIONS REDUCED.]
71.7 The bond sale authorizations in the following laws are
71.8 reduced by the amounts indicated:
71.9 (1) Laws 1987, chapter 400, section 25, subdivision 1, is
71.10 reduced by $295,000.
71.11 (2) Laws 1989, chapter 300, article 1, section 23,
71.12 subdivision 1, is reduced by $3,335,000.
71.13 (3) Laws 1990, chapter 610, article 1, section 30,
71.14 subdivision 1, is reduced by $9,280,000.
71.15 (4) Laws 1990, chapter 610, article 1, section 30,
71.16 subdivision 3, is reduced by $165,000.
71.17 (5) Laws 1991, chapter 350, article 1, section 2,
71.18 subdivision 1, is reduced by $48,765,000.
71.19 (6) Laws 1992, chapter 558, section 28, subdivision 1, is
71.20 reduced by $6,590,000.
71.21 (7) Laws 1993, chapter 373, section 19, subdivision 1, is
71.22 reduced by $10,000.
71.23 (8) Laws 1996, chapter 463, section 27, subdivision 1, is
71.24 reduced by $37,285,000.
71.25 Sec. 63. [INSTRUCTION TO REVISOR.]
71.26 In the next editions of Minnesota Statutes and Minnesota
71.27 Rules, the revisor of statutes shall change the term "ethical
71.28 practices board" to "campaign finance and public disclosure
71.29 board" wherever it appears.
71.30 Sec. 64. [REPEALER.]
71.31 (a) Minnesota Statutes 1996, section 138.35, subdivision 3,
71.32 is repealed.
71.33 (b) Minnesota Statutes 1996, sections 10A.21; and 16B.58,
71.34 subdivision 8, are repealed.
71.35 Sec. 65. [EFFECTIVE DATE.]
71.36 Sections 1, 12, 14, 16 to 19, 36, 60, and 64, paragraph
72.1 (b), are effective the day following final enactment. Section
72.2 20 is effective March 1, 1998. Section 51, subdivisions 1 to 3,
72.3 are effective the day following final enactment. Section 51,
72.4 subdivisions 4 to 8, are effective July 1, 1997.
72.5 ARTICLE 3
72.6 INFORMATION TECHNOLOGY
72.7 Section 1. Minnesota Statutes 1996, section 16B.05,
72.8 subdivision 2, is amended to read:
72.9 Subd. 2. [FACSIMILE SIGNATURES AND ELECTRONIC APPROVALS.]
72.10 When authorized by the commissioner, facsimile signatures and,
72.11 electronic approvals, or digital signatures may be used by
72.12 personnel of the department of administration in accordance with
72.13 the commissioner's delegated authority and instructions,.
72.14 Copies of which shall the delegated authority and instructions
72.15 must be filed with the commissioner of finance, state treasurer,
72.16 and the secretary of state. A facsimile signature or,
72.17 electronic approval, or digital signature, when used in
72.18 accordance with the commissioner's delegated authority and
72.19 instructions, is as effective as an original signature.
72.20 Sec. 2. [16B.415] [OPERATION OF INFORMATION SYSTEMS.]
72.21 The commissioner, through a division of technology
72.22 management, is responsible for ongoing operations of state
72.23 agency information technology activities. These include records
72.24 management, activities relating to the government data practices
72.25 act, operation of MNet, and activities necessary to make state
72.26 information systems year 2000 compliant.
72.27 Sec. 3. Minnesota Statutes 1996, section 16B.42,
72.28 subdivision 1, is amended to read:
72.29 Subdivision 1. [COMPOSITION.] The intergovernmental
72.30 information systems advisory council is composed of (1) two
72.31 members from each of the following groups: counties outside of
72.32 the seven-county metropolitan area, cities of the second and
72.33 third class outside the metropolitan area, cities of the second
72.34 and third class within the metropolitan area, and cities of the
72.35 fourth class; (2) one member from each of the following groups:
72.36 the metropolitan council, an outstate regional body, counties
73.1 within the metropolitan area, cities of the first class, school
73.2 districts in the metropolitan area, school districts outside the
73.3 metropolitan area, and public libraries; (3) one member each
73.4 appointed by the state departments of children, families, and
73.5 learning, human services, revenue, and economic security, the
73.6 office of strategic and long-range planning, office of
73.7 technology, administration, and the legislative auditor; (4) one
73.8 member from the office of the state auditor, appointed by the
73.9 auditor; (5) the assistant commissioner of administration for
73.10 the information policy office; (6) one member appointed by each
73.11 of the following organizations: league of Minnesota cities,
73.12 association of Minnesota counties, Minnesota association of
73.13 township officers, and Minnesota association of school
73.14 administrators; and (7) (6) one member of the house of
73.15 representatives appointed by the speaker and one member of the
73.16 senate appointed by the subcommittee on committees of the
73.17 committee on rules and administration. The legislative members
73.18 appointed under clause (7) (6) are nonvoting members. The
73.19 commissioner of administration shall appoint members under
73.20 clauses (1) and (2). The terms, compensation, and removal of
73.21 the appointed members of the advisory council are as provided in
73.22 section 15.059, but the council does not expire until June 30,
73.23 1997 1999.
73.24 Sec. 4. Minnesota Statutes 1996, section 16B.465, is
73.25 amended to read:
73.26 16B.465 [STATEWIDE MINNESOTA NETWORK FOR TELECOMMUNICATIONS
73.27 ACCESS ROUTING SYSTEM ("MNET").]
73.28 Subdivision 1. [CREATION.] The statewide Minnesota network
73.29 for telecommunications access routing system, known as "MNet,"
73.30 provides voice, data, video, and other telecommunications
73.31 transmission services to state agencies; educational
73.32 institutions, including public schools as defined in section
73.33 120.05, nonpublic, church or religious organization
73.34 schools which that provide instruction in compliance with
73.35 sections 120.101 to 120.102, and private colleges; public
73.36 corporations; and state political subdivisions. It is not a
74.1 telephone company for purposes of chapter 237. It shall not
74.2 resell or sublease any services or facilities to nonpublic
74.3 entities except it may serve private schools and colleges. The
74.4 commissioner has the responsibility for planning, development,
74.5 and operations of a statewide telecommunications access routing
74.6 system MNet in order to provide cost-effective
74.7 telecommunications transmission services to system MNet users.
74.8 Subd. 2. [ADVISORY COUNCIL.] The statewide
74.9 telecommunications access and routing system MNet is managed by
74.10 the commissioner. Subject to section 15.059, subdivisions 1 to
74.11 4, the commissioner shall appoint an advisory council to provide
74.12 advice in implementing and operating a statewide
74.13 telecommunications access and routing system MNet. The council
74.14 shall represent the users of STARS MNet services and shall
74.15 include representatives of higher education, public and private
74.16 schools, state agencies, and political subdivisions.
74.17 Subd. 3. [DUTIES.] The commissioner, after consultation
74.18 with the council office of technology, shall:
74.19 (1) provide voice, data, video, and other
74.20 telecommunications transmission services to the state and to
74.21 political subdivisions through an account in the
74.22 intertechnologies revolving fund;
74.23 (2) manage vendor relationships, network function, and
74.24 capacity planning in order to be responsive to the needs of the
74.25 system users;
74.26 (3) set rates and fees for services;
74.27 (4) approve contracts relating to the system;
74.28 (5) in consultation with the office of technology, develop
74.29 the system plan, including plans for the phasing of its
74.30 implementation and maintenance of the initial system, and the
74.31 annual program and fiscal plans for the system; and
74.32 (6) in consultation with the office of technology, develop
74.33 a plan for interconnection of the network with private colleges
74.34 and public and private schools in the state.
74.35 Subd. 4. [PROGRAM PARTICIPATION.] (a) The commissioner may
74.36 require the participation of state agencies, the state board of
75.1 education, and the board of trustees of the Minnesota state
75.2 colleges and universities and may request the participation of
75.3 the board of regents of the University of Minnesota, in the
75.4 planning and implementation of the network to provide
75.5 interconnective technologies. The commissioner shall establish
75.6 reimbursement rates in cooperation with the commissioner of
75.7 finance to be billed to participating agencies and educational
75.8 institutions sufficient to cover the operating, maintenance, and
75.9 administrative costs of the system.
75.10 (b) A direct appropriation made to an educational
75.11 institution for usage costs associated with the STARS network
75.12 MNet must only be used by the educational institution for
75.13 payment of usage costs of the network as billed by the
75.14 commissioner of administration.
75.15 Subd. 6. [REVOLVING FUND APPROPRIATION.] Money
75.16 appropriated for the statewide telecommunications access routing
75.17 system MNet and fees for telecommunications services must be
75.18 deposited in an account in the intertechnologies revolving
75.19 fund. Money in the account is appropriated annually to the
75.20 commissioner to operate telecommunications services.
75.21 Subd. 7. [EXEMPTION.] The system is exempt from the
75.22 five-year limitation on contracts set by section 16B.07,
75.23 subdivision 2.
75.24 Sec. 5. [16B.466] [ADMINISTRATION OF STATE COMPUTER
75.25 FACILITIES.]
75.26 Subdivision 1. [COMMISSIONER'S RESPONSIBILITY.] The
75.27 commissioner shall integrate and operate the state's centralized
75.28 computer facilities to serve the needs of state government. The
75.29 commissioner shall provide technical assistance to state
75.30 agencies in the design, development, and operation of their
75.31 computer systems.
75.32 Subd. 2. [JOINT ACTIONS.] The commissioner may, within
75.33 available funding, join with the federal government, other
75.34 states, local governments, and organizations representing those
75.35 groups either jointly or severally in the development and
75.36 implementation of systems analysis, information services, and
76.1 computerization projects.
76.2 Sec. 6. Minnesota Statutes 1996, section 16B.467, is
76.3 amended to read:
76.4 16B.467 [ELECTRONIC PERMITTING AND LICENSING CONDUCT OF
76.5 STATE BUSINESS.]
76.6 The commissioner of administration shall develop and
76.7 implement a system under which people seeking state business can
76.8 be conducted and permits or licenses that can be issued
76.9 immediately upon payment of a fee can obtain these permits and
76.10 licenses obtained through electronic access to communication
76.11 with the appropriate state agencies.
76.12 Sec. 7. [16E.01] [OFFICE OF TECHNOLOGY.]
76.13 Subdivision 1. [PURPOSE.] The office of technology,
76.14 referred to in this chapter as the "office," is an agency in the
76.15 executive branch managed by an executive director appointed by
76.16 the governor. The office shall provide leadership and direction
76.17 for information and communications technology policy in
76.18 Minnesota. The office shall coordinate strategic investments in
76.19 information and communications technology to encourage the
76.20 development of a technically literate society and to ensure
76.21 sufficient access to and efficient delivery of government
76.22 services.
76.23 Subd. 2. [DISCRETIONARY POWERS.] The office may:
76.24 (1) enter into contracts for goods or services with public
76.25 or private organizations and charge fees for services it
76.26 provides;
76.27 (2) apply for, receive, and expend money from public
76.28 agencies;
76.29 (3) apply for, accept, and disburse grants and other aids
76.30 from the federal government and other public or private sources;
76.31 (4) enter into contracts with agencies of the federal
76.32 government, local governmental units, the University of
76.33 Minnesota and other educational institutions, and private
76.34 persons and other nongovernmental organizations as necessary to
76.35 perform its statutory duties;
76.36 (5) appoint committees and task forces of not more than two
77.1 years' duration to assist the office in carrying out its duties;
77.2 (6) sponsor and conduct conferences and studies, collect
77.3 and disseminate information, and issue reports relating to
77.4 information and communications technology issues;
77.5 (7) participate in the activities of standards bodies and
77.6 other appropriate conferences related to information and
77.7 communications technology issues;
77.8 (8) review the technology infrastructure of regions of the
77.9 state and cooperate with and make recommendations to the
77.10 governor, legislature, state agencies, local governments, local
77.11 technology development agencies, the federal government, private
77.12 businesses, and individuals for the realization of information
77.13 and communications technology infrastructure development
77.14 potential;
77.15 (9) sponsor, support, and facilitate innovative and
77.16 collaborative economic and community development and government
77.17 services projects, including technology initiatives related to
77.18 culture and the arts, with public and private organizations; and
77.19 (10) review and recommend alternative sourcing strategies
77.20 for state information and communications systems.
77.21 Subd. 3. [DUTIES.] The office shall:
77.22 (1) coordinate the efficient and effective use of available
77.23 federal, state, local, and private resources to develop
77.24 statewide information and communications technology and its
77.25 infrastructure;
77.26 (2) review state agency and intergovernmental information
77.27 and communications systems development efforts involving state
77.28 or intergovernmental funding, provide information to the
77.29 legislature in accordance with section 16A.11 regarding projects
77.30 reviewed, and recommend projects for inclusion in the
77.31 information technology budget under section 16A.11;
77.32 (3) encourage cooperation and collaboration among state and
77.33 local governments in developing intergovernmental communication
77.34 and information systems, and define the structure and
77.35 responsibilities of the information policy council;
77.36 (4) cooperate and collaborate with the legislative and
78.1 judicial branches in the development of information and
78.2 communications systems in those branches;
78.3 (5) continue the development of North Star, the state's
78.4 official comprehensive online service and information
78.5 initiative;
78.6 (6) promote and collaborate with the state's agencies in
78.7 the state's transition to an effectively competitive
78.8 telecommunications market;
78.9 (7) collaborate with entities carrying out education and
78.10 lifelong learning initiatives to assist Minnesotans in
78.11 developing technical literacy and obtaining access to ongoing
78.12 learning resources;
78.13 (8) promote and coordinate public information access and
78.14 network initiatives, consistent with chapter 13, to connect
78.15 Minnesota's citizens and communities to each other, to their
78.16 governments, and to the world;
78.17 (9) promote and coordinate electronic commerce initiatives
78.18 to ensure that Minnesota businesses and citizens can
78.19 successfully compete in the global economy;
78.20 (10) promote and coordinate the regular and periodic
78.21 reinvestment in the core information and communications
78.22 technology infrastructure so that state and local government
78.23 agencies can effectively and efficiently serve their customers;
78.24 (11) facilitate the cooperative development of standards
78.25 for information systems, electronic data practices and privacy,
78.26 and electronic commerce among international, national, state,
78.27 and local public and private organizations; and
78.28 (12) work with others to avoid unnecessary duplication of
78.29 existing services or activities provided by other public and
78.30 private organizations while building on the existing
78.31 governmental, educational, business, health care, and economic
78.32 development infrastructures.
78.33 Sec. 8. [16E.02] [OFFICE OF TECHNOLOGY STRUCTURE AND
78.34 PERSONNEL.]
78.35 Subdivision 1. [OFFICE MANAGEMENT AND STRUCTURE.] The
78.36 executive director is the state's chief information officer and
79.1 technology advisor to the governor. The salary of the executive
79.2 director may not exceed 85 percent of the governor's salary.
79.3 The executive director may employ a deputy director, assistant
79.4 directors, and other employees that the executive director may
79.5 consider necessary. The executive director and the deputy and
79.6 assistant directors and one confidential secretary serve in the
79.7 unclassified service. The staff of the office must include
79.8 individuals knowledgeable in information and communications
79.9 technology. The executive director may appoint other personnel
79.10 as necessary to operate the office of technology in accordance
79.11 with chapter 43A.
79.12 Subd. 2. [INTERGOVERNMENTAL PARTICIPATION.] The executive
79.13 director or the director's designee shall serve as a member of
79.14 the Minnesota education telecommunications council, the
79.15 geographic information systems council, the library planning
79.16 task force, or their respective successor organizations, and as
79.17 a member of Minnesota Technology, Inc., the Minnesota health
79.18 data institute as a nonvoting member, and the Minnesota world
79.19 trade center corporation.
79.20 Sec. 9. [16E.03] [ADMINISTRATION OF STATE INFORMATION AND
79.21 COMMUNICATIONS SYSTEMS.]
79.22 Subdivision 1. [DEFINITIONS.] For the purposes of sections
79.23 16E.03 to 16E.05, the following terms have the meanings given
79.24 them.
79.25 (a) "Information and communications technology activity"
79.26 means the development or acquisition of information and
79.27 communications technology devices and systems, but does not
79.28 include MNet or its contractors.
79.29 (b) "Data processing device or system" means equipment or
79.30 computer programs, including computer hardware, firmware,
79.31 software, and communication protocols, used in connection with
79.32 the processing of information through electronic data processing
79.33 means, and includes data communication devices used in
79.34 connection with computer facilities for the transmission of data.
79.35 (c) "State agency" means an agency in the executive branch
79.36 of state government and includes state colleges and universities
80.1 and the Minnesota higher education services office,
80.2 notwithstanding any other law enacted at the 1997 legislative
80.3 session.
80.4 Subd. 2. [EXECUTIVE DIRECTOR'S RESPONSIBILITY.] The
80.5 executive director shall coordinate the state's information and
80.6 communications technology systems to serve the needs of the
80.7 state government. The executive director shall:
80.8 (1) coordinate the design of a master plan for information
80.9 and communications technology systems in the state and its
80.10 political subdivisions and shall report on the plan to the
80.11 governor and legislature at the beginning of each regular
80.12 session;
80.13 (2) coordinate all information and communications
80.14 technology plans and contracts and oversee the state's
80.15 information and communications systems;
80.16 (3) establish standards for information and communications
80.17 systems that encourage competition and support open systems
80.18 environments and that are compatible with national and
80.19 international standards; and
80.20 (4) maintain a library of systems and programs developed by
80.21 the state and its political subdivisions for use by agencies of
80.22 government.
80.23 Subd. 3. [EVALUATION AND APPROVAL.] A state agency may not
80.24 undertake an information and communications technology activity
80.25 until it has been evaluated according to the procedures
80.26 developed under subdivision 4. The governor or governor's
80.27 designee shall give written approval of the proposed activity.
80.28 If the proposed activity is not approved, the commissioner of
80.29 finance shall cancel the unencumbered balance of any
80.30 appropriation allotted for the activity. This subdivision does
80.31 not apply to acquisitions or development of information and
80.32 communications systems that have anticipated total cost of less
80.33 than $100,000.
80.34 Subd. 4. [EVALUATION PROCEDURE.] The executive director
80.35 shall establish and, as necessary, update and modify procedures
80.36 to evaluate information and communications activities proposed
81.1 by state agencies. The evaluation procedure must assess the
81.2 necessity, design and plan for development, ability to meet user
81.3 requirements, feasibility, and flexibility of the proposed data
81.4 processing device or system, its relationship to other state
81.5 data processing devices or systems, and its costs and benefits
81.6 when considered by itself and when compared with other options.
81.7 Subd. 5. [REPORT TO LEGISLATURE.] The executive director
81.8 shall submit to the legislature, in the information technology
81.9 budget required by section 16A.11, a concise narrative
81.10 explanation of the activity and a request for any additional
81.11 appropriation necessary to complete the activity.
81.12 Subd. 6. [SYSTEM DEVELOPMENT METHODS.] The executive
81.13 director shall establish and, as necessary, update and modify
81.14 methods for developing information and communications systems
81.15 appropriate to the specific needs of individual state agencies.
81.16 The development methods shall be used to define the design,
81.17 programming, and implementation of systems. The development
81.18 methods must also enable and require a data processing system to
81.19 be defined in terms of its computer programs, input
81.20 requirements, output formats, administrative procedures, and
81.21 processing frequencies.
81.22 Subd. 7. [DATA SECURITY SYSTEMS.] In consultation with the
81.23 attorney general and appropriate agency heads, the executive
81.24 director shall develop data security policies, guidelines, and
81.25 standards, and the commissioner of administration shall install
81.26 and administer state data security systems on the state's
81.27 centralized computer facility consistent with these policies,
81.28 guidelines, standards, and state law to ensure the integrity of
81.29 computer-based and other data and to ensure applicable
81.30 limitations on access to data, consistent with the public's
81.31 right to know as defined in chapter 13. Each department or
81.32 agency head is responsible for the security of the department's
81.33 or agency's data.
81.34 Subd. 8. [JOINT ACTIONS.] The executive director may join
81.35 with the federal government, other states, local governments,
81.36 and organizations representing those groups either jointly or
82.1 severally in the development and implementation of systems
82.2 analysis, information services, and computerization projects.
82.3 Sec. 10. [16E.04] [INFORMATION AND COMMUNICATIONS
82.4 TECHNOLOGY POLICY.]
82.5 Subdivision 1. [DEVELOPMENT.] The office shall coordinate
82.6 with state agencies in developing and establishing policies and
82.7 standards for state agencies to follow in developing and
82.8 purchasing information and communications systems and training
82.9 appropriate persons in their use. The office shall develop,
82.10 promote, and coordinate state technology, architecture,
82.11 standards and guidelines, information needs analysis techniques,
82.12 contracts for the purchase of equipment and services, and
82.13 training of state agency personnel on these issues.
82.14 Subd. 2. [RESPONSIBILITIES.] (a) In addition to other
82.15 activities prescribed by law, the office shall carry out the
82.16 duties set out in this subdivision.
82.17 (b) The office shall develop and establish a state
82.18 information architecture to ensure that further state agency
82.19 development and purchase of information and communications
82.20 systems, equipment, and services is designed to ensure that
82.21 individual agency information systems complement and do not
82.22 needlessly duplicate or conflict with the systems of other
82.23 agencies. When state agencies have need for the same or similar
82.24 public data, the executive director, in coordination with the
82.25 affected agencies, shall promote the most efficient and
82.26 cost-effective method of producing and storing data for or
82.27 sharing data between those agencies. The development of this
82.28 information architecture must include the establishment of
82.29 standards and guidelines to be followed by state agencies.
82.30 (c) The office shall assist state agencies in the planning
82.31 and management of information systems so that an individual
82.32 information system reflects and supports the state agency's
82.33 mission and the state's requirements and functions.
82.34 (d) The office shall review agency requests for legislative
82.35 appropriations for the development or purchase of information
82.36 systems equipment or software.
83.1 (e) The office shall review major purchases of information
83.2 systems equipment to:
83.3 (1) ensure that the equipment follows the standards and
83.4 guidelines of the state information architecture;
83.5 (2) ensure that the equipment is consistent with the
83.6 information management principles adopted by the information
83.7 policy council;
83.8 (3) evaluate whether the agency's proposed purchase
83.9 reflects a cost-effective policy regarding volume purchasing;
83.10 and
83.11 (4) ensure that the equipment is consistent with other
83.12 systems in other state agencies so that data can be shared among
83.13 agencies, unless the office determines that the agency
83.14 purchasing the equipment has special needs justifying the
83.15 inconsistency.
83.16 (f) The office shall review the operation of information
83.17 systems by state agencies and provide advice and assistance to
83.18 ensure that these systems are operated efficiently and
83.19 continually meet the standards and guidelines established by the
83.20 office. The standards and guidelines must emphasize uniformity
83.21 that encourages information interchange, open systems
83.22 environments, and portability of information whenever
83.23 practicable and consistent with an agency's authority and
83.24 chapter 13. The office, in consultation with the
83.25 intergovernmental information systems advisory council and the
83.26 legislative reference library, shall recommend specific
83.27 standards and guidelines for each state agency within a time
83.28 period fixed by the office in regard to the following:
83.29 (1) establishing methods and systems directed at reducing
83.30 and ultimately eliminating redundant storage of data; and
83.31 (2) establishing information sales systems that utilize
83.32 licensing and royalty agreements to the greatest extent
83.33 possible, together with procedures for agency denial of requests
83.34 for licenses or royalty agreements by commercial users or
83.35 resellers of the information. Section 3.751 does not apply to
83.36 those licensing and royalty agreements, and the agreements must
84.1 include provisions that section 3.751 does not apply and that
84.2 the state is immune from liability under the agreement.
84.3 (g) The office shall conduct a comprehensive review at
84.4 least every three years of the information systems investments
84.5 that have been made by state agencies and higher education
84.6 institutions. The review must include recommendations on any
84.7 information systems applications that could be provided in a
84.8 more cost-beneficial manner by an outside source. The office
84.9 must report the results of its review to the legislature and the
84.10 governor.
84.11 (h) The office shall report to the legislature by January
84.12 15 of each year on progress in implementing paragraph (f),
84.13 clauses (1) and (2).
84.14 Sec. 11. [16E.05] [GOVERNMENT INFORMATION ACCESS.]
84.15 Subdivision 1. [DUTIES.] The office, in consultation with
84.16 interested persons, shall:
84.17 (1) coordinate statewide efforts by units of state and
84.18 local government to plan for and develop a system for providing
84.19 access to government services;
84.20 (2) make recommendations to facilitate coordination and
84.21 assistance of demonstration projects; and
84.22 (3) explore ways and means to improve citizen and business
84.23 access to public services, including implementation of
84.24 technological improvements.
84.25 Subd. 2. [APPROVAL OF STATE AGENCY INITIATIVES.] A state
84.26 agency shall coordinate with the office when implementing a new
84.27 initiative for providing electronic access to state government
84.28 information.
84.29 Subd. 3. [CAPITAL INVESTMENT.] No state agency may propose
84.30 or implement a capital investment plan for a state office
84.31 building unless:
84.32 (1) the agency has developed a plan for increasing
84.33 telecommuting by employees who would normally work in the
84.34 building, or the agency has prepared a statement describing why
84.35 such a plan is not practicable; and
84.36 (2) the plan or statement has been reviewed by the office.
85.1 Sec. 12. [16E.06] [DATA PRIVACY.]
85.2 The following data submitted to the office by businesses
85.3 are private data on individuals or nonpublic data: financial
85.4 statements, business plans, income and expense projections,
85.5 customer lists, and market and feasibility studies not paid for
85.6 with public funds.
85.7 Sec. 13. [16E.07] [NORTH STAR.]
85.8 Subdivision 1. [DEFINITIONS.] (a) The definitions in this
85.9 subdivision apply to this section.
85.10 (b) [CORE SERVICES.] "Core services" means information
85.11 system applications required to provide secure information
85.12 services and online applications and content to the public from
85.13 government units. Online applications may include, but are not
85.14 limited to:
85.15 (1) standardized public directory services and standardized
85.16 content services;
85.17 (2) online search systems;
85.18 (3) general technical services to support government unit
85.19 online services;
85.20 (4) electronic conferencing and communication services;
85.21 (5) secure electronic transaction services;
85.22 (6) digital audio, video, and multimedia services; and
85.23 (7) government intranet content and service development.
85.24 (c) [GOVERNMENT UNIT.] "Government unit" means a state
85.25 department, agency, commission, council, board, task force, or
85.26 committee; a constitutional office; a court entity; the
85.27 Minnesota state colleges and universities; a county, statutory
85.28 or home rule charter city, or town; a school district; a special
85.29 district; or any other board, commission, district, or authority
85.30 created under law, local ordinance, or charter provision.
85.31 Subd. 2. [ESTABLISHED.] The office shall establish "North
85.32 Star" as the state's comprehensive government online information
85.33 service. North Star is the state's governmental framework for
85.34 coordinating and collaborating in providing online government
85.35 information and services. Government agencies that provide
85.36 electronic access to government information are requested to
86.1 make available to North Star their most frequently requested
86.2 public data.
86.3 Subd. 3. [ACCESS TO DATA.] The legislature determines that
86.4 the greatest possible access to certain government information
86.5 and data is essential to allow citizens to participate fully in
86.6 a democratic system of government. Certain information and
86.7 data, including, but not limited to the following, must be
86.8 provided free of charge or for a nominal cost associated with
86.9 reproducing the information or data:
86.10 (1) directories of government services and institutions;
86.11 (2) legislative and rulemaking information, including
86.12 public information newsletters, bill text and summaries, bill
86.13 status information, rule status information, meeting schedules,
86.14 and the text of statutes and rules;
86.15 (3) supreme court and court of appeals opinions and general
86.16 judicial information;
86.17 (4) opinions of the attorney general;
86.18 (5) ethical practices board and election information;
86.19 (6) public budget information;
86.20 (7) local government documents, such as codes, ordinances,
86.21 minutes, meeting schedules, and other notices in the public
86.22 interest;
86.23 (8) official documents, releases, speeches, and other
86.24 public information issued by government agencies; and
86.25 (9) the text of other government documents and publications
86.26 that government agencies determine are important to public
86.27 understanding of government activities.
86.28 Subd. 4. [STAFF.] The executive director of the office
86.29 shall appoint the manager of the North Star online information
86.30 service and hire staff to carry out the responsibilities of the
86.31 service.
86.32 Subd. 5. [PARTICIPATION; CONSULTATION; GUIDELINES.] The
86.33 North Star staff shall consult with governmental and
86.34 nongovernmental organizations to establish rules for
86.35 participation in the North Star service. Government units
86.36 planning, developing, or providing publicly accessible online
87.1 services shall provide access through and collaborate with North
87.2 Star and formally register with the office. The University of
87.3 Minnesota is requested to establish online connections and
87.4 collaborate with North Star. Units of the legislature shall
87.5 make their services available through North Star. Government
87.6 units may be required to submit standardized directory and
87.7 general content for core services but are not required to
87.8 purchase core services from North Star. North Star shall
87.9 promote broad public access to the sources of online information
87.10 or services through multiple technologies.
87.11 Subd. 6. [FEES.] The office shall establish fees for
87.12 technical and transaction services for government units through
87.13 North Star. Fees must be credited to the North Star account.
87.14 The office may not charge a fee for viewing or inspecting data
87.15 made available through North Star or linked facilities, unless
87.16 specifically authorized by law.
87.17 Subd. 7. [NORTH STAR ACCOUNT.] The North Star account is
87.18 created in the special revenue fund. The account consists of:
87.19 (1) grants received from nonstate entities;
87.20 (2) fees and charges collected by the office;
87.21 (3) gifts, donations, and bequests made to the office; and
87.22 (4) other money credited to the account by law.
87.23 Money in the account is appropriated to the office to be
87.24 used to continue the development of the North Star project.
87.25 Subd. 8. [SECURE TRANSACTION SYSTEM.] The office shall
87.26 plan and develop a secure transaction system to support delivery
87.27 of government services electronically.
87.28 Subd. 9. [AGGREGATION OF SERVICE DEMAND.] The office shall
87.29 identify opportunities to aggregate demand for technical
87.30 services required by government units for online activities and
87.31 may contract with governmental or nongovernmental entities to
87.32 provide services. These contracts are not subject to the
87.33 requirements of chapter 16B, except sections 16B.167, 16B.17,
87.34 and 16B.175.
87.35 Subd. 10. [OUTREACH.] The office may promote the
87.36 availability of government online information and services
88.1 through public outreach and education. Public network expansion
88.2 in communities through libraries, schools, colleges, local
88.3 government, and other community access points must include
88.4 access to North Star. North Star may make materials available
88.5 to those public sites to promote awareness of the service.
88.6 Subd. 11. [ADVANCED DEVELOPMENT COLLABORATION.] The office
88.7 shall identify information technology services with broad public
88.8 impact and advanced development requirements. Those services
88.9 shall assist in the development of and utilization of core
88.10 services to the greatest extent possible where appropriate, cost
88.11 effective, and technically feasible. This includes, but is not
88.12 limited to, higher education, statewide online library, economic
88.13 and community development, and K-12 educational technology
88.14 services. North Star shall participate in electronic commerce
88.15 research and development initiatives with the University of
88.16 Minnesota and other partners. The statewide online library
88.17 service shall consult, collaborate, and work with North Star to
88.18 ensure development of proposals for advanced government
88.19 information locator and electronic depository and archive
88.20 systems.
88.21 Sec. 14. [16E.08] [BUSINESS LICENSE INFORMATION.]
88.22 The office shall coordinate the design, establishment,
88.23 implementation, and maintenance of an electronic system to allow
88.24 the public to retrieve by computer information prepared by the
88.25 department of trade and economic development bureau of business
88.26 licenses on licenses and their requirements. The office shall
88.27 establish the format and standards for retrieval consistent with
88.28 state information and data interchange policies. The office
88.29 shall integrate the system with the North Star online
88.30 information system. The office shall work in collaboration with
88.31 the department of trade and economic development bureau of
88.32 business licenses. The bureau is responsible for creating and
88.33 operating the system.
88.34 Sec. 15. [16E.11] [TRADE POINT.]
88.35 The office shall cooperate with the United Nations, the
88.36 Minnesota world trade center corporation, the commissioner of
89.1 trade and economic development, the University of Minnesota, and
89.2 private businesses to expand international trading opportunities
89.3 for small and medium sized businesses through the use of
89.4 electronic commerce technologies and participation in the global
89.5 trade point network. The office shall support research and
89.6 development of secured trading technologies by the commissioner
89.7 of trade and economic development, the University of Minnesota,
89.8 and others. The office, in cooperation with the commissioner of
89.9 trade and economic development, shall coordinate expansion of
89.10 membership in a trade point association. The office shall
89.11 provide training and outreach and support training and outreach
89.12 provided by the commissioner of trade and economic development
89.13 and the University of Minnesota. These agencies shall cooperate
89.14 in the identification and development of electronic trading
89.15 centers in multiple regions of this state.
89.16 Sec. 16. [16E.12] [INTERNET CENTER.]
89.17 Subdivision 1. [CREATION.] The office shall create the
89.18 Internet center, centrally located within the state, to
89.19 collaborate with the North Star online information service,
89.20 public and private partners, and with existing or emerging
89.21 technology and community development efforts.
89.22 Subd. 2. [COMMUNITY ASSISTANCE.] The center shall assist
89.23 communities and regions in comprehensive information and
89.24 telecommunications technology (IT) community planning, demand
89.25 aggregation, design, and implementation. It shall maintain an
89.26 interactive database of community and business-related IT
89.27 experience, showcase successful models of community and business
89.28 IT integration, coordinate statewide IT community development
89.29 technical assistance, and act as a clearinghouse for
89.30 applications and education in the uses of IT.
89.31 Subd. 3. [TELETERNS; RESOURCE TEAMS.] A "teletern" is a
89.32 student enrolled in a higher education program who has
89.33 information and telecommunications technology skills. The
89.34 center shall coordinate the training and placement of teleterns
89.35 who have IT experience and community development process skills,
89.36 regional IT community development coordinators, and community IT
90.1 resource teams to work in partnership with communities as they
90.2 plan for and implement comprehensive IT resource development
90.3 efforts. This includes the aggregation of demand for IT to help
90.4 facilitate the transition into a market-based, competitive IT
90.5 environment and the use of IT tools to enhance access to
90.6 community services, improve the business climate, and strengthen
90.7 community ties.
90.8 Subd. 4. [COMMUNITY-BASED DEVELOPMENT PARTNERS.] The
90.9 center and its community-based development functions shall
90.10 coordinate or partner, when possible, with Minnesota learning
90.11 community initiatives, particularly for community-based
90.12 technology learning centers; Minnesota library technology
90.13 investments; trade point Minnesota, the University of Minnesota
90.14 secure electronic authentication link (SEAL) laboratory and
90.15 electronic trading centers; the Small Business Administration
90.16 business information center; Minnesota technology centers; the
90.17 Minnesota extension service Access Minnesota sites; and the
90.18 state's telecommunications collaboration project, among others.
90.19 Sec. 17. [16E.13] [COMMUNITY TECHNOLOGY RESOURCE
90.20 DEVELOPMENT.]
90.21 Subdivision 1. [CREATION AND PURPOSE.] The information and
90.22 telecommunications technology (IT) community resource
90.23 development initiative is created under the oversight
90.24 jurisdiction of the office of technology to build the capacity
90.25 of citizens, businesses, communities, and regions of the state
90.26 to fully realize the benefits of IT for sustainable community
90.27 and economic development and to help facilitate the transition
90.28 into the market-based, competitive IT environment.
90.29 Subd. 2. [DUTIES GENERALLY.] Through this initiative, the
90.30 office shall:
90.31 (1) collect, organize, and distribute information regarding
90.32 the benefits, applications, and effective uses of IT;
90.33 (2) promote community-based telecommunications planning and
90.34 development and the use of community-oriented electronic
90.35 communications and information applications in health care,
90.36 education, and commerce;
91.1 (3) award grants for community-based development seed funds
91.2 to encourage public-private partnerships that foster effective
91.3 IT use and IT integration activities in the community; and
91.4 (4) facilitate the aggregation of demand for IT on a
91.5 comprehensive private, nonprofit, and public sector shared basis
91.6 in communities.
91.7 Subd. 3. [ASSISTANCE AND FUNDING; GENERAL PRINCIPLES.]
91.8 Community technical assistance and development seed funding for
91.9 aggregation of demand and community IT planning provided through
91.10 the IT community resource development initiative is contingent
91.11 upon the following general principles:
91.12 (1) that communities and regions show evidence of, or
91.13 intent to do, cooperative funding and planning between sectors
91.14 including, but not limited to, private sector providers, public
91.15 sector technology investments such as MNet, library systems,
91.16 health care providers, businesses, schools and other educational
91.17 institutions, and the nonprofit sector; and
91.18 (2) that communities and regions agree to form local and
91.19 regional IT coordination committees or modify similar, existing
91.20 committees to be more inclusive of other sectors and undertake
91.21 comprehensive planning across those sectors to leverage public
91.22 and private IT investment to the maximum benefit of all citizens.
91.23 Sec. 18. Minnesota Statutes 1996, section 403.02,
91.24 subdivision 2, is amended to read:
91.25 Subd. 2. [METROPOLITAN AREA.] "Metropolitan area" means
91.26 the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott,
91.27 and Washington metropolitan area as defined in section 473.121,
91.28 subdivision 2.
91.29 Sec. 19. Minnesota Statutes 1996, section 403.02, is
91.30 amended by adding a subdivision to read:
91.31 Subd. 10. [COMMISSIONER.] "Commissioner" means the
91.32 commissioner of administration.
91.33 Sec. 20. Minnesota Statutes 1996, section 403.08, is
91.34 amended by adding a subdivision to read:
91.35 Subd. 7. [CELLULAR AND OTHER NONWIRE PROVIDERS.] (a) Each
91.36 cellular and other wireless access service provider shall
92.1 cooperate in planning and implementing integration with enhanced
92.2 911 systems operating in their service territories to meet
92.3 federal communications commission enhanced 911 standards. By
92.4 August 1, 1997, each 911 emergency telephone service provider
92.5 operating enhanced 911 systems, in cooperation with each
92.6 involved cellular or other wireless access service provider,
92.7 shall develop and provide to the commissioner good-faith
92.8 estimates of installation and recurring expenses to integrate
92.9 cellular 911 service into the enhanced 911 networks to meet
92.10 federal communications commission phase one wireless enhanced
92.11 911 standards. The commissioner shall coordinate with counties
92.12 and affected public safety agency representatives in developing
92.13 a statewide design and plan for implementation.
92.14 (b) Planning shall be completed by October 1, 1997, for the
92.15 metropolitan area and shall be completed by December 1, 1997,
92.16 for the areas outside of the metropolitan area.
92.17 (c) Planning considerations must include cost, degree of
92.18 integration into existing 911 systems, the retention of existing
92.19 911 infrastructure, and the potential implications of phase 2 of
92.20 the federal communications commission wireless enhanced 911
92.21 standards.
92.22 (d) Counties shall incorporate the statewide design when
92.23 modifying county 911 plans to provide for integrating wireless
92.24 911 service into existing county 911 systems. The commissioner
92.25 shall contract with the involved wireless service providers and
92.26 911 service providers to integrate cellular and other wireless
92.27 services into existing 911 systems where feasible.
92.28 Sec. 21. Minnesota Statutes 1996, section 403.11,
92.29 subdivision 2, is amended to read:
92.30 Subd. 2. [MODIFICATION COSTS.] (a) The costs of a public
92.31 utility incurred in the modification of central office switching
92.32 equipment for minimum 911 service shall be paid from the general
92.33 fund of the state treasury by appropriations for that purpose.
92.34 (b) The installation and recurring charges for integrating
92.35 cellular and other wireless access services 911 calls into
92.36 enhanced 911 systems must be paid by the commissioner if the 911
93.1 service provider is included in the statewide design plan and
93.2 the charges have been certified and approved under subdivision
93.3 3, or the wireless access service provider has completed a
93.4 contract for service with the commissioner, and charges are
93.5 considered reasonable and accurate by the commissioner. Charges
93.6 payable to wireless access service providers are not subject to
93.7 the provisions of subdivision 3.
93.8 Sec. 22. Minnesota Statutes 1996, section 403.113,
93.9 subdivision 1, is amended to read:
93.10 Subdivision 1. [FEE.] (a) In addition to the actual fee
93.11 assessed under section 403.11, each customer receiving local
93.12 telephone service, excluding including cellular or other nonwire
93.13 service, is assessed a fee to fund implementation and
93.14 maintenance of enhanced 911 service, including acquisition of
93.15 necessary equipment and the costs of the department of
93.16 administration commissioner to administer the program. The
93.17 enhanced fee collected from cellular or other nonwire service
93.18 customers must be collected effective in July 1997 billings.
93.19 The actual fee assessed under section 403.11 and the enhanced
93.20 911 service fee must be collected as one amount and may not
93.21 exceed the amount specified in section 403.11, subdivision 1,
93.22 paragraph (b).
93.23 (b) The enhanced 911 service fee must be collected and
93.24 deposited in the same manner as the fee in section 403.11 and
93.25 used solely for the purposes of paragraph (a) and subdivision 3.
93.26 (c) The commissioner of the department of administration,
93.27 in consultation with counties and 911 system users, shall
93.28 determine the amount of the enhanced 911 service fee and inform
93.29 telephone companies or communications carriers that provide
93.30 service capable of originating a 911 emergency telephone call of
93.31 the total amount of the 911 service fees in the same manner as
93.32 provided in section 403.11.
93.33 Sec. 23. Minnesota Statutes 1996, section 403.113,
93.34 subdivision 2, is amended to read:
93.35 Subd. 2. [DISTRIBUTION OF MONEY.] (a) After payment of the
93.36 costs of the department of administration to administer the
94.1 program, the commissioner shall distribute the money collected
94.2 under this section as follows:
94.3 (1) one-half of the amount equally to all qualified
94.4 counties, and after October 1, 1997, to all qualified counties,
94.5 existing ten public safety answering points operated by the
94.6 Minnesota state patrol, and each governmental entity operating
94.7 the individual public safety answering points serving the
94.8 metropolitan airports commission, Red Lake Indian Reservation,
94.9 and the University of Minnesota police department; and
94.10 (2) the remaining one-half to qualified counties and cities
94.11 with existing 911 systems based on each county's or city's
94.12 percentage of the total population of qualified counties and
94.13 cities. The population of a qualified city with an existing
94.14 system must be deducted from its county's population when
94.15 calculating the county's share under this clause if the city
94.16 seeks direct distribution of its share.
94.17 (b) A county's share under subdivision 1 must be shared pro
94.18 rata between the county and existing city systems in the
94.19 county. A county or city or other governmental entity as
94.20 described in paragraph (a), clause (1), shall deposit money
94.21 received under this subdivision in an interest-bearing fund or
94.22 account separate from the county's or city's governmental
94.23 entity's general fund and may use money in the fund or account
94.24 only for the purposes specified in subdivision 3.
94.25 (c) For the purposes of this subdivision, a county or city
94.26 is qualified to share in the distribution of money for enhanced
94.27 911 service if the county auditor certifies to the commissioner
94.28 of administration the amount of the county's or city's levy for
94.29 the cost of providing enhanced 911 service for taxes payable in
94.30 the year in which money for enhanced 911 service will be
94.31 distributed. The commissioner may not distribute money to a
94.32 county or city in an amount greater than twice the amount of the
94.33 county's or city's certified levy. A county or city or other
94.34 governmental entity as described in paragraph (a), clause (1),
94.35 is not qualified to share in the distribution of money for
94.36 enhanced 911 service if, in addition to the levy required under
95.1 this paragraph, it has not implemented enhanced 911 service
95.2 before December 31, 1998.
95.3 (d) For the purposes of this subdivision, "existing city
95.4 system" means a city 911 system that provides at least basic 911
95.5 service and that was implemented on or before April 1, 1993.
95.6 Sec. 24. Minnesota Statutes 1996, section 403.113,
95.7 subdivision 3, is amended to read:
95.8 Subd. 3. [LOCAL EXPENDITURES.] (a) Money distributed to
95.9 counties or an existing city system under subdivision 2 for
95.10 enhanced 911 service may be spent on enhanced 911 system costs
95.11 for the purposes stated in subdivision 1, paragraph (a). In
95.12 addition, money may be spent to lease, purchase, lease-purchase,
95.13 or maintain enhanced 911 equipment, including telephone
95.14 equipment; recording equipment; computer hardware; computer
95.15 software for database provisioning, addressing, mapping, and any
95.16 other software necessary for automatic location identification
95.17 or local location identification; trunk lines; selective routing
95.18 equipment; the master street address guide; dispatcher public
95.19 safety answering point equipment proficiency and operational
95.20 skills; pay for long-distance charges incurred due to
95.21 transferring 911 calls to other jurisdictions; and the equipment
95.22 necessary within the public safety answering point for community
95.23 alert systems and to notify and communicate with the emergency
95.24 services requested by the 911 caller.
95.25 (b) Money distributed for enhanced 911 service may not be
95.26 spent on:
95.27 (1) purchasing or leasing of real estate or cosmetic
95.28 additions to or remodeling of communications centers;
95.29 (2) mobile communications vehicles, fire engines,
95.30 ambulances, law enforcement vehicles, or other emergency
95.31 vehicles;
95.32 (3) signs, posts, or other markers related to addressing or
95.33 any costs associated with the installation or maintenance of
95.34 signs, posts, or markers.
95.35 Sec. 25. Minnesota Statutes 1996, section 403.113,
95.36 subdivision 4, is amended to read:
96.1 Subd. 4. [AUDITS.] Each county and city or other
96.2 governmental entity as described in subdivision 2, paragraph
96.3 (a), clause (1), shall conduct an annual audit on the use of
96.4 funds distributed to it for enhanced 911 service. A copy of
96.5 each audit report must be submitted to the commissioner of
96.6 administration.
96.7 Sec. 26. Minnesota Statutes 1996, section 403.13, is
96.8 amended to read:
96.9 403.13 [CELLULAR TELEPHONE USE.]
96.10 Subdivision 1. [CELLULAR 911 CALLS.] (a) Those
96.11 governmental entities that are responsible for the design,
96.12 planning, and coordination of the 911 emergency telephone system
96.13 under the requirements of this chapter shall ensure that a 911
96.14 emergency call made with a cellular or other wireless access
96.15 device is automatically connected to and answered by the
96.16 appropriate public safety answering point.
96.17 (b) In order to comply with paragraph (a), representatives
96.18 of each county's 911 planning committee shall consult with
96.19 representatives of the relevant district office of the state
96.20 patrol to allocate responsibility for answering emergency 911
96.21 calls in each county, and shall notify the commissioner of the
96.22 agreed upon allocation. By April 1, 1998, for the metropolitan
96.23 area and June 1, 1998, for the area outside the metropolitan
96.24 area, the county 911 planning committees and the district
96.25 offices of the state patrol shall notify the commissioner of any
96.26 unresolved issues regarding the allocation of responsibility for
96.27 answering cellular 911 emergency calls.
96.28 (c) Unresolved issues in the metropolitan area must be
96.29 resolved by:
96.30 (1) the executive director of the metropolitan 911 board;
96.31 (2) the 911 product manager appointed by the commissioner;
96.32 (3) a representative appointed by the Minnesota state
96.33 sheriffs association from the metropolitan area;
96.34 (4) the commissioner of public safety or the commissioner's
96.35 designee; and
96.36 (5) a representative appointed by the Minnesota chiefs of
97.1 police association from the metropolitan area.
97.2 (d) Unresolved issues in the area outside the metropolitan
97.3 area must be resolved by:
97.4 (1) a representative appointed by association of Minnesota
97.5 counties from the area outside the metropolitan area;
97.6 (2) the 911 product manager appointed by the commissioner;
97.7 (3) a representative appointed by the Minnesota state
97.8 sheriffs association from the area outside the metropolitan
97.9 area;
97.10 (4) the commissioner of public safety or the commissioner's
97.11 designee; and
97.12 (5) a representative appointed by the Minnesota league of
97.13 cities from the area outside the metropolitan area.
97.14 (e) These committees shall resolve outstanding issues by
97.15 December 31, 1998. The decision of the committee is final.
97.16 Subd. 2. [NOTIFICATION OF SUBSCRIBERS.] A provider of
97.17 cellular or other wireless telephone services in Minnesota shall
97.18 notify its subscribers at the time of initial subscription and
97.19 four times per year thereafter that a 911 emergency call made
97.20 with a cellular wireless telephone is not always answered by a
97.21 local public safety answering point but rather is may be routed
97.22 to a state patrol dispatcher and that, accordingly, the caller
97.23 must provide specific information regarding the caller's
97.24 location.
97.25 Sec. 27. [403.14] [WIRELESS ENHANCED 911 SERVICE PROVIDER;
97.26 LIABILITY.]
97.27 No wireless enhanced 911 emergency communication service
97.28 provider, its employees, or its agents is liable to any person
97.29 for civil damages resulting from or caused by any act or
97.30 omission in the development, design, installation, operation,
97.31 maintenance, performance, or provision of enhanced 911 wireless
97.32 service, except for willful or wanton misconduct. No wireless
97.33 carrier, its employees, or its agents is liable to any person
97.34 who uses enhanced 911 wireless service for release of subscriber
97.35 information required under this chapter to any public safety
97.36 answering point.
98.1 Sec. 28. Minnesota Statutes 1996, section 473.894,
98.2 subdivision 3, is amended to read:
98.3 Subd. 3. [APPLICATION TO FCC.] Within 180 days from
98.4 adoption of the regionwide public safety radio system
98.5 communication plan the commissioner of transportation, on behalf
98.6 of the state of Minnesota, shall use the plan adopted by the
98.7 board under subdivision 2 to submit an extended implementation
98.8 application to the Federal Communications Commission (FCC) for
98.9 the NPSPAC channels and other public safety frequencies
98.10 available for use in the metropolitan area and necessary to
98.11 implement the plan. Local governments and all other public or
98.12 private entities eligible under part 90 of the FCC rules shall
98.13 not apply for public safety channels in the 821 to 824 and 866
98.14 to 869 megahertz bands for use within the metropolitan counties
98.15 until the FCC takes final action on the regional application
98.16 submitted under this section. Exceptions to the restrictions on
98.17 the application for the NPSPAC channels may be granted by the
98.18 radio board. The Minnesota department of transportation shall
98.19 hold the master system licenses for all public safety
98.20 frequencies assigned to the metropolitan area issued by the FCC
98.21 first phase under the board's plan and these channels shall be
98.22 used for the implementation of the plan. Local governments and
98.23 other public and private entities eligible under part 90 of the
98.24 FCC rules may apply to the FCC as colicensees for subscriber
98.25 equipment and those portions of the network infrastructure owned
98.26 by them. Application for colicensing under this section shall
98.27 require the concurrence of the radio board The radio board shall
98.28 hold the master system licenses for the public safety
98.29 frequencies assigned to local government subsystems under the
98.30 board's plan and these channels shall be used for implementation
98.31 of the plan. Upon approval by the board of a local government's
98.32 subsystem plan and evidence of a signed contract with a vendor
98.33 for construction of a subsystem consistent with the board's
98.34 system plan, the board shall apply to the FCC to transfer to the
98.35 local government the licenses for the public safety frequencies
98.36 assigned by the plan for use in the network infrastructure owned
99.1 by the local government. The radio board, the commissioner of
99.2 transportation, and local subsystem owners shall jointly
99.3 colicense all subscriber equipment for the backbone system.
99.4 Sec. 29. [APPLICATION.]
99.5 Section 28 applies in Anoka, Carver, Dakota, Hennepin,
99.6 Ramsey, Scott, and Washington counties.
99.7 Sec. 30. [INTERIM FEE; APPROPRIATION AND DISTRIBUTION.]
99.8 (a) Until June 30, 1998, the fee for enhanced wireless 911
99.9 service is ten cents per month in addition to the fee actually
99.10 collected under Minnesota Statutes, section 403.11, subdivision
99.11 1. The additional fee is imposed effective July 1, 1997, and is
99.12 appropriated to the commissioner of administration for
99.13 distribution as established in section 22.
99.14 (b) Distribution of the revenue from the fee under section
99.15 22 for enhanced wireless 911 service must begin October 1, 1997.
99.16 The commissioner of administration shall determine the amount of
99.17 the additional enhanced wireless 911 service fee to be in effect
99.18 beginning July 1, 1998, under Minnesota Statutes, section
99.19 403.113.
99.20 Sec. 31. [INITIAL DUTIES.]
99.21 (a) Upon creation, the office of technology shall perform a
99.22 series of preliminary duties designed to assess the current
99.23 status of the state's investment in information technology and
99.24 to establish a clear means of directing future information
99.25 technology initiatives.
99.26 (b) By November 1, 1997, the office shall recommend to the
99.27 governor and the legislature a clearly defined statutory funding
99.28 structure that:
99.29 (1) efficiently uses available federal, state, and local
99.30 funding sources to develop and maintain a statewide public
99.31 information and communications infrastructure; and
99.32 (2) provides a means of tracking and compiling all state
99.33 agency expenditures related to information technology.
99.34 This report also shall include a proposed format to be used
99.35 by state agencies for information technology budget requests.
99.36 The proposed format must be created in collaboration with the
100.1 commissioners of administration and finance.
100.2 (c) By December 1, 1997, the office shall review and report
100.3 to the governor and the legislature on the status of all
100.4 currently established state agency and intergovernmental
100.5 information and communications systems that use state funding.
100.6 The report shall recommend a means of consolidating existing
100.7 governmental information technology boards and councils, to
100.8 achieve efficiency, prevent duplication of effort, and clarify
100.9 lines of authority.
100.10 Sec. 32. [EMPLOYEES; TRANSITION.]
100.11 Persons assigned to the office of technology on the day
100.12 before the effective date of this section are transferred in
100.13 their existing status according to Minnesota Statutes, section
100.14 15.039, subdivision 7. Effective July 1, 1998, these employees,
100.15 other than the executive director and the deputy and assistant
100.16 directors, and one confidential secretary, are converted from
100.17 the unclassified to the classified service under the following
100.18 conditions:
100.19 (a) The commissioner of employee relations will allocate
100.20 positions and incumbent employees to appropriate classes in the
100.21 state classification plan pursuant to Minnesota Statutes,
100.22 section 43A.07. The commissioner will also assign positions and
100.23 incumbent employees to an appropriate state unit under Minnesota
100.24 Statutes, section 179A.10. Positions converted with their
100.25 incumbents do not create vacancies in state service.
100.26 (b) Employees serving in unclassified appointments from the
100.27 effective date of this section through June 30, 1998, and
100.28 converted to unlimited classified service on July 1, 1998, are
100.29 converted to state service without examination. Those converted
100.30 to classified positions in the managerial plan pursuant to
100.31 Minnesota Statutes, section 43A.18, subdivision 3, who have
100.32 completed 12 months of service in their positions and all others
100.33 converted to classified positions who have completed six months
100.34 of service in their positions and all others converted to
100.35 classified positions who have completed six months of service in
100.36 their positions are converted with permanent status. Employees
101.1 converted to classified managerial positions with less than 12
101.2 months of service in their positions and all others converted to
101.3 classified positions with less than six months of service in
101.4 their position are converted with probationary status. All time
101.5 already served by these employees in the converted positions
101.6 must be credited toward meeting the probationary period
101.7 requirement of the state contract or plan to which their
101.8 position has been assigned.
101.9 Sec. 33. [TRANSFERS.]
101.10 In accordance with Minnesota Statutes, sections 15.039 and
101.11 43A.045, the positions for functions transferred from the
101.12 information policy office, with incumbents, excluding the public
101.13 information policy analysis division, are transferred to the
101.14 Minnesota office of technology, effective July 1, 1997.
101.15 Sec. 34. [INFORMATION TECHNOLOGY.]
101.16 By February 1, 1998, each executive branch state agency,
101.17 including the MNSCU system, shall report to the finance
101.18 divisions or committees in the house and the senate that
101.19 appropriate money for the agency on current and planned
101.20 expenditures for information technology. The report must
101.21 include:
101.22 (1) expenditures that will be incurred in the biennium
101.23 ending June 30, 1999, and any planned future expenditures for
101.24 each information technology project in the agency;
101.25 (2) the goals and objectives for each information
101.26 technology project that is being developed in the biennium
101.27 ending June 30, 1999, or that is planned for a future biennium;
101.28 and
101.29 (3) the agency's progress in making its information
101.30 technology systems compliant with the year 2000.
101.31 Sec. 35. [INSTRUCTION TO REVISOR.]
101.32 The revisor shall change in Minnesota Statutes and
101.33 Minnesota Rules all references to the information policy office
101.34 and the government information access council to the office of
101.35 technology.
101.36 Sec. 36. [REPEALER.]
102.1 Minnesota Statutes 1996, sections 15.95; 15.96; 16B.40;
102.2 16B.41; and 16B.43, are repealed.
102.3 Sec. 37. [EFFECTIVE DATE.]
102.4 Sections 20, 21, and 23 to 28 are effective the day
102.5 following final enactment.
102.6 ARTICLE 4
102.7 COMMUNITY-BASED PLANNING
102.8 Section 1. [4A.08] [COMMUNITY-BASED PLANNING GOALS.]
102.9 The goals of community-based planning are:
102.10 (1) [CITIZEN PARTICIPATION.] To develop a community-based
102.11 planning process with broad citizen participation in order to
102.12 build local capacity to plan for sustainable development and to
102.13 benefit from the insights, knowledge, and support of local
102.14 residents. The process must include at least one citizen from
102.15 each affected unit of local government;
102.16 (2) [COOPERATION.] To promote cooperation among communities
102.17 to work towards the most efficient, planned, and cost-effective
102.18 delivery of government services by, among other means,
102.19 facilitating cooperative agreements among adjacent communities
102.20 and to coordinate planning to ensure compatibility of one
102.21 community's development with development of neighboring
102.22 communities;
102.23 (3) [ECONOMIC DEVELOPMENT.] To create sustainable economic
102.24 development strategies and provide economic opportunities
102.25 throughout the state that will achieve a balanced distribution
102.26 of growth statewide;
102.27 (4) [CONSERVATION.] To protect, preserve, and enhance the
102.28 state's resources, including agricultural land, forests, surface
102.29 water and groundwater, recreation and open space, scenic areas,
102.30 and significant historic and archaeological sites;
102.31 (5) [LIVABLE COMMUNITY DESIGN.] To strengthen communities
102.32 by following the principles of livable community design in
102.33 development and redevelopment, including integration of all
102.34 income and age groups, mixed land uses and compact development,
102.35 affordable and life-cycle housing, green spaces, access to
102.36 public transit, bicycle and pedestrian ways, and enhanced
103.1 aesthetics and beauty in public spaces;
103.2 (6) [HOUSING.] To provide and preserve an adequate supply
103.3 of affordable and life-cycle housing throughout the state;
103.4 (7) [TRANSPORTATION.] To focus on the movement of people
103.5 and goods, rather than on the movement of automobiles, in
103.6 transportation planning, and to maximize the efficient use of
103.7 the transportation infrastructure by increasing the availability
103.8 and use of appropriate public transit throughout the state
103.9 through land-use planning and design that makes public transit
103.10 economically viable and desirable;
103.11 (8) [LAND-USE PLANNING.] To establish a community-based
103.12 framework as a basis for all decisions and actions related to
103.13 land use;
103.14 (9) [PUBLIC INVESTMENTS.] To account for the full
103.15 environmental, social, and economic costs of new development,
103.16 including infrastructure costs such as transportation, sewers
103.17 and wastewater treatment, water, schools, recreation, and open
103.18 space, and plan the funding mechanisms necessary to cover the
103.19 costs of the infrastructure;
103.20 (10) [PUBLIC EDUCATION.] To support research and public
103.21 education on a community's and the state's finite capacity to
103.22 accommodate growth, and the need for planning and resource
103.23 management that will sustain growth; and
103.24 (11) [SUSTAINABLE DEVELOPMENT.] To provide a better quality
103.25 of life for all residents while maintaining nature's ability to
103.26 function over time by minimizing waste, preventing pollution,
103.27 promoting efficiency, and developing local resources to
103.28 revitalize the local economy.
103.29 Sec. 2. [4A.09] [TECHNICAL ASSISTANCE.]
103.30 The office shall provide local governments technical and
103.31 financial assistance in preparing their comprehensive plans to
103.32 meet the community-based planning goals in section 4A.08.
103.33 Sec. 3. [4A.10] [PLAN REVIEW AND COMMENT.]
103.34 The office shall review and comment on community-based
103.35 comprehensive plans prepared by counties, including the
103.36 community-based comprehensive plans of municipalities and towns
104.1 that are incorporated into a county's plan, as required in
104.2 section 394.232, subdivision 3.
104.3 Sec. 4. Minnesota Statutes 1996, section 394.23, is
104.4 amended to read:
104.5 394.23 [COMPREHENSIVE PLAN.]
104.6 The board shall have has the power and authority to prepare
104.7 and adopt by ordinance, a comprehensive plan. A comprehensive
104.8 plan or plans when adopted by ordinance shall must be the basis
104.9 for official controls adopted under the provisions of sections
104.10 394.21 to 394.37.
104.11 Sec. 5. [394.232] [COMMUNITY-BASED PLANNING.]
104.12 Subdivision 1. [GENERAL.] Each county is encouraged to
104.13 prepare and implement a community-based comprehensive plan. A
104.14 community-based comprehensive plan is a comprehensive plan that
104.15 is consistent with the goals of community-based planning in
104.16 section 4A.08.
104.17 Subd. 2. [NOTICE AND PARTICIPATION.] Notice must be given
104.18 at the beginning of the community-based comprehensive planning
104.19 process to the office of strategic and long-range planning, the
104.20 department of natural resources, the department of agriculture,
104.21 the department of trade and economic development, the board of
104.22 soil and water resources, the pollution control agency, the
104.23 department of transportation, local government units, and local
104.24 citizens to actively participate in the development of the
104.25 plan. An agency that is invited to participate in the
104.26 development of a local plan but declines to do so and fails to
104.27 participate or to provide written comments during the plan
104.28 development process waives the right during the office's review
104.29 and comment period to submit comments, except for comments
104.30 concerning consistency of the plan with laws and rules
104.31 administered by the agency. In determining the merit of the
104.32 agency comment, the office shall consider the involvement of the
104.33 agency in the development of the plan.
104.34 Subd. 3. [COORDINATION.] A county that prepares a
104.35 community-based comprehensive plan shall coordinate its plan
104.36 with the plans of its neighbors and its constituent
105.1 municipalities and towns in order both to prevent its plan from
105.2 having an adverse impact on other jurisdictions and to
105.3 complement plans of other jurisdictions. The county's
105.4 community-based comprehensive plan must incorporate the
105.5 community-based comprehensive plan of any municipality or town
105.6 in the county prepared in accordance with section 462.3535. A
105.7 county may incorporate a municipal or town community-based
105.8 comprehensive plan by reference.
105.9 Subd. 4. [JOINT PLANNING.] Under the joint exercise of
105.10 powers provisions in section 471.59, a county may establish a
105.11 joint planning district with other counties, municipalities, and
105.12 towns, that are geographically contiguous, to adopt a single
105.13 community-based comprehensive plan for the district. The county
105.14 may delegate its authority to adopt official controls under this
105.15 chapter, to the board of the joint planning district.
105.16 Subd. 5. [REVIEW AND COMMENT.] (a) The county or joint
105.17 planning district shall submit its community-based comprehensive
105.18 plan to the office of strategic and long-range planning for
105.19 review. The plan is deemed approved 60 days after submittal to
105.20 the office, unless the office disagrees with the plan as
105.21 provided in paragraph (c).
105.22 (b) The office may not disapprove a community-based
105.23 comprehensive plan if the office determines that the plan meets
105.24 the requirements of this section.
105.25 (c) If the office disagrees with a community-based
105.26 comprehensive plan or any elements of the plan, the office shall
105.27 notify the county or district in writing of the plan
105.28 deficiencies and suggested changes. Upon receipt of the
105.29 office's written comments, the county or district has 60 days to
105.30 revise the community-based comprehensive plan and resubmit it to
105.31 the office for reconsideration.
105.32 (d) If the county or district refuses to revise the plan or
105.33 the office disagrees with the revised plan, the office shall
105.34 within 60 days notify the county or district that it wishes to
105.35 initiate the dispute resolution process in chapter 572A.
105.36 (e) Within 30 days of notice from the office, the county or
106.1 joint planning district shall notify the office of its intent to
106.2 enter the dispute resolution process. If the county or district
106.3 refuses to enter the dispute resolution process, the county or
106.4 district shall refund any state grant received for
106.5 community-based planning activities through the office.
106.6 Subd. 6. [PLAN UPDATE.] The county board, or the board of
106.7 the joint planning district, shall review and update the
106.8 community-based comprehensive plan periodically, but at least
106.9 every ten years, and submit the updated plan to the office of
106.10 strategic and long-range planning for review and comment.
106.11 Subd. 7. [NO MANDAMUS PROCEEDING.] A mandamus proceeding
106.12 may not be instituted against a county under this section to
106.13 require the county to conform its community-based comprehensive
106.14 plan to be consistent with the community-based planning goals in
106.15 section 4A.08.
106.16 Subd. 8. [PLANNING AUTHORITY.] Nothing in this section
106.17 shall be construed to prohibit or limit a county's authority to
106.18 prepare and adopt a comprehensive plan and official controls
106.19 under this chapter.
106.20 Sec. 6. Minnesota Statutes 1996, section 394.24,
106.21 subdivision 1, is amended to read:
106.22 Subdivision 1. [ADOPTED BY ORDINANCE.] Official controls
106.23 which shall further the purpose and objectives of the
106.24 comprehensive plan and parts thereof shall be adopted by
106.25 ordinance. The comprehensive plan must provide guidelines for
106.26 the timing and sequence of the adoption of official controls to
106.27 ensure planned, orderly, and staged development and
106.28 redevelopment consistent with the comprehensive plan.
106.29 Sec. 7. Minnesota Statutes 1996, section 462.352,
106.30 subdivision 5, is amended to read:
106.31 Subd. 5. [COMPREHENSIVE MUNICIPAL PLAN.] "Comprehensive
106.32 municipal plan" means a compilation of policy statements, goals,
106.33 standards, and maps for guiding the physical, social and
106.34 economic development, both private and public, of the
106.35 municipality and its environs, including air space and
106.36 subsurface areas necessary for mined underground space
107.1 development pursuant to sections 469.135 to 469.141, and may
107.2 include, but is not limited to, the following: statements of
107.3 policies, goals, standards, a land use plan, including proposed
107.4 densities for development, a community facilities plan, a
107.5 transportation plan, and recommendations for plan execution. A
107.6 comprehensive plan represents the planning agency's
107.7 recommendations for the future development of the community.
107.8 Sec. 8. Minnesota Statutes 1996, section 462.352,
107.9 subdivision 6, is amended to read:
107.10 Subd. 6. [LAND USE PLAN.] "Land use plan" means a
107.11 compilation of policy statements, goals, standards, and maps,
107.12 and action programs for guiding the future development of
107.13 private and public property. The term includes a plan
107.14 designating types of uses for the entire municipality as well as
107.15 a specialized plan showing specific areas or specific types of
107.16 land uses, such as residential, commercial, industrial, public
107.17 or semipublic uses or any combination of such uses. A land use
107.18 plan may also include the proposed densities for development.
107.19 Sec. 9. Minnesota Statutes 1996, section 462.352, is
107.20 amended by adding a subdivision to read:
107.21 Subd. 18. [URBAN GROWTH AREA.] "Urban growth area" means
107.22 the identified area around an urban area within which there is a
107.23 sufficient supply of developable land for at least a prospective
107.24 20-year period, based on demographic forecasts and the time
107.25 reasonably required to effectively provide municipal services to
107.26 the identified area.
107.27 Sec. 10. [462.3535] [COMMUNITY-BASED PLANNING.]
107.28 Subdivision 1. [GENERAL.] Each municipality is encouraged
107.29 to prepare and implement a community-based comprehensive
107.30 municipal plan. A community-based comprehensive municipal plan
107.31 is a comprehensive plan that is consistent with the goals of
107.32 community-based planning in section 4A.08.
107.33 Subd. 2. [COORDINATION.] A municipality that prepares a
107.34 community-based comprehensive municipal plan shall coordinate
107.35 its plan with the plans, if any, of the county and the
107.36 municipality's neighbors both in order to prevent the plan from
108.1 having an adverse impact on other jurisdictions and to
108.2 complement the plans of other jurisdictions. The municipality
108.3 shall prepare its plan to be incorporated into the county's
108.4 community-based comprehensive plan, if the county is preparing
108.5 or has prepared one, and shall otherwise assist and cooperate
108.6 with the county in its community-based planning.
108.7 Subd. 3. [JOINT PLANNING.] Under the joint exercise of
108.8 powers provisions in section 471.59, a municipality may
108.9 establish a joint planning district with other municipalities or
108.10 counties that are geographically contiguous, to adopt a single
108.11 community-based comprehensive plan for the district. A
108.12 municipality may delegate its authority to adopt official
108.13 controls under sections 462.351 to 462.364, to the board of the
108.14 joint planning district.
108.15 Subd. 4. [CITIES; URBAN GROWTH AREAS.] (a) The
108.16 community-based comprehensive municipal plan for a statutory or
108.17 home rule charter city, and official controls to implement the
108.18 plan, must at a minimum, address any urban growth area
108.19 identified in a county plan and may establish an urban growth
108.20 area for the urbanized and urbanizing area. The city plan must
108.21 establish a staged process for boundary adjustment to include
108.22 the urbanized or urbanizing area within corporate limits as the
108.23 urban growth area is developed and provided municipal services.
108.24 (b) Within the urban growth area, the plan must provide for
108.25 the staged provision of urban services, including, but not
108.26 limited to, water, wastewater collection and treatment, and
108.27 transportation.
108.28 Subd. 5. [URBAN GROWTH AREA BOUNDARY ADJUSTMENT
108.29 PROCESS.] (a) After an urban growth area has been identified in
108.30 a county or city plan, a city shall negotiate, as part of the
108.31 comprehensive planning process and in coordination with the
108.32 county, an orderly annexation agreement with the townships
108.33 containing the affected unincorporated areas located within the
108.34 identified urban growth area. The agreement shall contain a
108.35 boundary adjustment staging plan that establishes a sequencing
108.36 plan over the subsequent 20-year period for the orderly growth
109.1 of the city based on its reasonably anticipated development
109.2 pattern and ability to extend municipal services into designated
109.3 unincorporated areas located within the identified urban growth
109.4 area. The city shall include the staging plan agreed upon in
109.5 the orderly annexation agreement in its comprehensive plan.
109.6 Upon agreement by the city and town, prior adopted orderly
109.7 annexation agreements may be included as part of the boundary
109.8 adjustment plan and comprehensive plan without regard to whether
109.9 the prior adopted agreement is consistent with this section.
109.10 When either the city or town requests that an existing orderly
109.11 annexation agreement affecting unincorporated areas located
109.12 within an identified or proposed urban growth area be
109.13 renegotiated, the renegotiated plan shall be consistent with
109.14 this section.
109.15 (b) After a city's community-based comprehensive plan is
109.16 approved under this section, the orderly annexation agreement
109.17 shall be filed with the municipal board or its successor
109.18 agency. Thereafter, the city may orderly annex the part or
109.19 parts of the designated unincorporated area according to the
109.20 sequencing plan and conditions contained in the negotiated
109.21 orderly annexation agreement by submitting a resolution to the
109.22 municipal board or its successor agency. The resolution shall
109.23 specify the legal description of the area designated pursuant to
109.24 the staging plan contained in the agreement, a map showing the
109.25 new boundary and its relation to the existing city boundary, a
109.26 description of and schedule for extending municipal services to
109.27 the area, and a determination that all applicable conditions in
109.28 the agreement have been satisfied. Within 30 days of receipt of
109.29 the resolution, the municipal board or its successor shall
109.30 review the resolution and if it finds that the terms and
109.31 conditions of the orderly annexation agreement have been met,
109.32 shall order the annexation. The boundary adjustment shall
109.33 become effective upon issuance of an order by the municipal
109.34 board or its successor. The municipal board or its successor
109.35 shall cause copies of the boundary adjustment order to be mailed
109.36 to the secretary of state, department of revenue, state
110.1 demographer, and the department of transportation. No further
110.2 proceedings under chapter 414 or 572A shall be required to
110.3 accomplish the boundary adjustment. This section provides the
110.4 sole method for annexing unincorporated land within an urban
110.5 growth area, unless the parties agree otherwise.
110.6 (c) If a community-based comprehensive plan is updated, the
110.7 parties shall renegotiate the orderly annexation agreement as
110.8 needed to incorporate the adjustments and shall refile the
110.9 agreement with the municipal board or its successor.
110.10 Subd. 6. [REVIEW BY ADJACENT MUNICIPALITIES; CONFLICT
110.11 RESOLUTION.] Before a community-based comprehensive municipal
110.12 plan is incorporated into the county's plan under section
110.13 394.232, subdivision 3, a municipality's community-based
110.14 comprehensive municipal plan must be coordinated with adjacent
110.15 municipalities within the county. As soon as practical after
110.16 the development of a community-based comprehensive municipal
110.17 plan, the municipality shall provide a copy of the draft plan to
110.18 adjacent municipalities within the county for review and
110.19 comment. An adjacent municipality has 30 days after receipt to
110.20 review the plan and submit written comments.
110.21 Subd. 7. [COUNTY REVIEW.] (a) If a city does not plan for
110.22 growth beyond its current boundaries, the city shall submit its
110.23 community-based comprehensive municipal plan to the county for
110.24 review and comment. A county has 60 days after receipt to
110.25 review the plan and submit written comments to the city. The
110.26 city may amend its plan based upon the county's comments.
110.27 (b) If a town prepares a community-based comprehensive
110.28 plan, it shall submit the plan to the county for review and
110.29 comment. As provided in section 394.33, the town plan may not
110.30 be inconsistent with or less restrictive than the county plan.
110.31 A county has 60 days after receipt to review the plan and submit
110.32 written comments to the town. The town may amend its plan based
110.33 on the county's comment.
110.34 Subd. 8. [COUNTY APPROVAL.] (a) If a city plans for growth
110.35 beyond its current boundaries, the city's proposed
110.36 community-based comprehensive municipal plan and proposed urban
111.1 growth area must be reviewed and approved by the county before
111.2 the plan is incorporated into the county's plan. The county may
111.3 review and provide comments on any orderly annexation agreement
111.4 during the same period of review of a comprehensive plan.
111.5 (b) Upon receipt by the county of a community-based
111.6 comprehensive plan submitted by a city for review and approval
111.7 under this subdivision, the county shall, within 60 days of
111.8 receipt of a city plan, review and approve the plan in
111.9 accordance with this subdivision. The county shall review and
111.10 approve the city plan if it is consistent with the goals stated
111.11 in section 4A.08.
111.12 (c) In the event the county does not approve the plan, the
111.13 county shall submit its comments to the city within 60 days.
111.14 The city may, thereafter, amend the plan and resubmit the plan
111.15 to the county. The county shall have an additional 60 days to
111.16 review and approve a resubmitted plan. In the event the county
111.17 and city are unable to come to agreement, either party may
111.18 initiate the dispute resolution process contained in chapter
111.19 572A. Within 30 days of receiving notice that the other party
111.20 has initiated dispute resolution, the city or county shall send
111.21 notice of its intent to enter dispute resolution. If the city
111.22 refuses to enter the dispute resolution process, it must refund
111.23 any grant received from the county for community-based planning
111.24 activities.
111.25 Subd. 9. [PLAN ADOPTION.] The municipality shall adopt and
111.26 implement the community-based comprehensive municipal plan after
111.27 the office of strategic and long-range planning has reviewed and
111.28 commented on the county's plan that incorporates the
111.29 municipality's plan. The municipality shall thereafter, where
111.30 it deems appropriate, incorporate any comments made by the
111.31 office into its plan and adopt the plan.
111.32 Subd. 10. [NO MANDAMUS PROCEEDING.] A mandamus proceeding
111.33 may not be instituted against a municipality under this section
111.34 to require the municipality to conform its community-based
111.35 comprehensive plan to be consistent with the community-based
111.36 planning goals in section 4A.08.
112.1 Sec. 11. Minnesota Statutes 1996, section 462.357,
112.2 subdivision 2, is amended to read:
112.3 Subd. 2. [GENERAL REQUIREMENTS.] At any time after the
112.4 adoption of a land use plan for the municipality, the planning
112.5 agency, for the purpose of carrying out the policies and goals
112.6 of the land use plan, may prepare a proposed zoning ordinance
112.7 and submit it to the governing body with its recommendations for
112.8 adoption. Subject to the requirements of subdivisions 3, 4 and
112.9 5, the governing body may adopt and amend a zoning ordinance by
112.10 a two-thirds vote of all its members. If the comprehensive
112.11 municipal plan is in conflict with the zoning ordinance, the
112.12 zoning ordinance supersedes the plan. The plan must provide
112.13 guidelines for the timing and sequence of the adoption of
112.14 official controls to ensure planned, orderly, and staged
112.15 development and redevelopment consistent with the plan.
112.16 Sec. 12. [473.1455] [METROPOLITAN DEVELOPMENT GUIDE
112.17 GOALS.]
112.18 The metropolitan council shall amend the metropolitan
112.19 development guide, as necessary, to reflect and implement the
112.20 community-based planning goals in section 4A.08. The office of
112.21 strategic and long-range planning shall review and comment on
112.22 the metropolitan development guide. The council may not approve
112.23 local comprehensive plans or plan amendments after July 1, 1999,
112.24 until the metropolitan council has received and considered the
112.25 comments of the office of strategic and long-range planning.
112.26 Sec. 13. [ADVISORY COUNCIL ON COMMUNITY-BASED PLANNING.]
112.27 Subdivision 1. [ESTABLISHMENT; PURPOSE.] An advisory
112.28 council on community-based planning is established to provide a
112.29 forum for discussion and development of the framework for
112.30 community-based planning and the incentives and tools to
112.31 implement the plans.
112.32 Subd. 2. [DUTIES.] The advisory council shall propose
112.33 legislation for the 1998 legislative session relating to the
112.34 framework to implement community-based planning. The advisory
112.35 council shall:
112.36 (1) develop a model process to involve citizens in
113.1 community-based planning from the beginning of the planning
113.2 process;
113.3 (2) hold meetings statewide to solicit advice and
113.4 information on how to implement community-based planning;
113.5 (3) develop specific, measurable criteria by which plans
113.6 will be reviewed for consistency with the goals in Minnesota
113.7 Statutes, section 4A.08, and commented on by the office of
113.8 strategic and long-range planning;
113.9 (4) recommend a procedure for review and comment on
113.10 community-based plans;
113.11 (5) recommend a process for coordination of plans among
113.12 local jurisdictions;
113.13 (6) recommend an alternative dispute resolution method for
113.14 citizens and local governments to use to challenge proposed
113.15 plans or the implementation of plans;
113.16 (7) recommend incentives to encourage state agencies to
113.17 implement the goals of community-based planning;
113.18 (8) recommend incentives for local governments to develop
113.19 community-based plans, including for example, assistance with
113.20 computerized geographic information systems, builders' remedies
113.21 and density bonuses, and revised permitting processes;
113.22 (9) describe the tools and strategies that a county, city,
113.23 or town may use to achieve the goals, including, but not limited
113.24 to, densities, urban growth areas, purchase or transfer of
113.25 development rights programs, public investment surcharges,
113.26 transit and transit-oriented development, and zoning and other
113.27 official controls;
113.28 (10) recommend the time frame in which the community-based
113.29 plans must be completed;
113.30 (11) consider the need for ongoing stewardship and
113.31 oversight of sustainable development initiatives and the
113.32 community-based planning process;
113.33 (12) review and recommend changes to the community-based
113.34 planning framework established in this act; and
113.35 (13) make other recommendations to implement
113.36 community-based planning as the advisory council determines
114.1 would be necessary or helpful in achieving the goals.
114.2 Subd. 3. [MEMBERSHIP.] The advisory council consists of 18
114.3 voting members who serve at the pleasure of the appointing
114.4 authority as follows:
114.5 (1) two members of the majority caucus of the house of
114.6 representatives appointed by the speaker, and two members of the
114.7 minority caucus appointed by the minority leader;
114.8 (2) four members of the senate appointed by the
114.9 subcommittee on committees of the committee on rules and
114.10 administration of the senate, two of whom shall be members of
114.11 the minority caucus;
114.12 (3) the director, or the director's designee, of the office
114.13 of strategic and long-range planning;
114.14 (4) three public members, at least one of whom must be
114.15 knowledgeable about and have experience in local government
114.16 issues or planning, appointed by the speaker of the house of
114.17 representatives;
114.18 (5) three public members, at least one of whom must be
114.19 knowledgeable about and have experience in local government
114.20 issues or planning, appointed by the subcommittee on committees
114.21 of the committee on rules and administration of the senate; and
114.22 (6) three public members, at least one of whom must be
114.23 knowledgeable about and have experience in local government
114.24 issues or planning, appointed by the governor.
114.25 The commissioners, or their designees, of the departments
114.26 of natural resources, agriculture, transportation, and trade and
114.27 economic development, and the chair, or the chair's designee, of
114.28 the metropolitan council shall serve as ex-officio members.
114.29 The advisory council may form an executive committee to
114.30 facilitate the work of the council.
114.31 Subd. 4. [FIRST MEETING; CHAIR.] The director of the
114.32 office of strategic and long-range planning, or the director's
114.33 designee, shall convene the first meeting of the advisory
114.34 council. At its first meeting, the advisory council shall
114.35 select from among its members a person to serve as chair.
114.36 Subd. 5. [ADMINISTRATION.] The office of strategic and
115.1 long-range planning, with assistance from other state agencies
115.2 and the metropolitan council as needed, shall provide
115.3 administrative and staff assistance to the advisory council.
115.4 The attorney general shall provide advice on legal issues to the
115.5 advisory council.
115.6 Subd. 6. [EXPENSES.] The office of strategic and
115.7 long-range planning shall compensate members of the advisory
115.8 council. Members shall receive per diem and expenses as
115.9 provided by Minnesota Statutes, section 15.059, subdivision 3.
115.10 Subd. 7. [EXPIRATION.] This section expires June 30, 1998.
115.11 Sec. 14. [CITATION.]
115.12 Sections 1 to 13 may be cited as the "Community-based
115.13 Planning Act."
115.14 Sec. 15. [APPLICATION.]
115.15 Section 12 applies in the counties of Anoka, Carver,
115.16 Dakota, Hennepin, Ramsey, Scott, and Washington.
115.17 Sec. 16. [PILOT PROJECTS ESTABLISHED.]
115.18 The office of strategic and long-range planning shall
115.19 establish community-based comprehensive land use planning pilot
115.20 projects as specified in sections 17 to 21.
115.21 Sec. 17. [PLAN SUBMITTAL; REVIEW.]
115.22 A county or joint planning district participating in a
115.23 pilot project must prepare a community-based comprehensive plan
115.24 as specified in Minnesota Statutes, section 394.232. The county
115.25 or joint powers board must submit the plan to the office of
115.26 strategic and long-range planning within 24 months of the
115.27 county's or district's selection as a pilot project. The office
115.28 shall review each plan to determine if it is consistent with the
115.29 community-based planning goals in Minnesota Statutes, section
115.30 4A.08. The office shall complete its review and comment as
115.31 specified in Minnesota Statutes, section 394.232, subdivision 5.
115.32 Sec. 18. [PLAN CONTENT.]
115.33 Subdivision 1. [GOALS.] The plan must address the
115.34 community-based planning goals in Minnesota Statutes, section
115.35 4A.08.
115.36 Subd. 2. [MUNICIPAL AND TOWN PLAN INCORPORATION.] The plan
116.1 must incorporate the community-based comprehensive plan of each
116.2 municipality and town in the county. Incorporation of a
116.3 municipal or town plan is sufficient if the county or joint
116.4 powers board adopts a resolution approving and incorporating by
116.5 reference the plan or any subsequent amendments to the plan.
116.6 Subd. 3. [URBAN GROWTH AREAS.] The plan must identify,
116.7 establish, and address urban growth areas, as defined in
116.8 Minnesota Statutes, section 462.352, subdivision 18, within the
116.9 county. The land outside an urban growth area must be zoned as
116.10 permanent rural or agricultural land, or other appropriate land
116.11 use, and must be maintained at density levels consistent with
116.12 those uses. The plan must also identify the density at which
116.13 the municipality wishes to develop.
116.14 Subd. 4. [EXISTING PLANS.] If the county has a previously
116.15 adopted plan, the county board or joint powers board shall
116.16 review, update, and submit to the office of strategic and
116.17 long-range planning a revised plan and official controls meeting
116.18 the requirements of this section, including the community-based
116.19 comprehensive municipal plan for each municipality or town in
116.20 the county, if any, within 24 months of the county's or
116.21 district's selection as a pilot project.
116.22 Sec. 19. [COORDINATION WITH ADJACENT COUNTIES.]
116.23 Before submitting the community-based comprehensive plan to
116.24 the office of strategic and long-range planning, the county or
116.25 joint powers board shall coordinate its plan with adjacent
116.26 counties. The adjacent counties shall review and submit written
116.27 comments on the proposed plan to the board within 60 days of
116.28 receiving the plan.
116.29 Sec. 20. [COORDINATION WITH METROPOLITAN COUNCIL.]
116.30 A county or joint planning district adjacent to the
116.31 metropolitan area shall coordinate its plan with the
116.32 metropolitan council, in relation to the council's development
116.33 guide.
116.34 The county or joint planning district shall not submit its
116.35 plan to the office of strategic and long-range planning until
116.36 the metropolitan council has had 60 days for review and comment
117.1 on the plan.
117.2 Sec. 21. [LIMITATION ON PLAN AMENDMENT.]
117.3 The county or joint powers board shall not amend its plan
117.4 for an area inside an urban growth area that is outside a
117.5 municipality's jurisdiction without the municipality's approval.
117.6 Sec. 22. [EFFECTIVE DATE.]
117.7 This article is effective the day following final enactment.
117.8 ARTICLE 5
117.9 MUNICIPAL BOARD
117.10 Section 1. Minnesota Statutes 1996, section 115.49, is
117.11 amended by adding a subdivision to read:
117.12 Subd. 2a. [EXTENSION OF SERVICE.] If a determination or
117.13 order is made by the pollution control agency under this section
117.14 that cooperation by contract is necessary and feasible between a
117.15 municipality and an unincorporated area located outside the
117.16 existing corporate limits of a municipality, the municipality
117.17 being required to provide or extend through a contract a
117.18 governmental service to an unincorporated area, during the
117.19 statutory 90-day period provided in this section to formulate a
117.20 contract, may in the alternative to formulating a service
117.21 contract to provide or extend the service, declare the
117.22 unincorporated area as described in the pollution control
117.23 agency's determination letter or order annexed to the
117.24 municipality under section 414.0335.
117.25 Sec. 2. Minnesota Statutes 1996, section 414.0325,
117.26 subdivision 1, is amended to read:
117.27 Subdivision 1. [INITIATING THE PROCEEDING.] One or more
117.28 townships and one or more municipalities, by joint resolution,
117.29 may designate an unincorporated area as in need of orderly
117.30 annexation. The joint resolution will confer jurisdiction on
117.31 the board over annexations in the designated area and over the
117.32 various provisions in said agreement by submission of said joint
117.33 resolution to the executive director. The resolution shall
117.34 include a description of the designated area and the reasons for
117.35 designation. Thereafter, an annexation of any part of the
117.36 designated area may be initiated by:
118.1 (1) submitting to the executive director a resolution of
118.2 any signatory to the joint resolution; or
118.3 (2) the board of its own motion; or
118.4 (3) as provided in section 414.033, subdivision 2a.
118.5 Whenever the pollution control agency or other a state
118.6 agency pursuant to sections 115.03, 115.071, 115.49, or any law
118.7 giving a state agency similar powers other than the pollution
118.8 control agency, orders a municipality to extend a municipal
118.9 service to an area, such an order will confer jurisdiction on
118.10 the Minnesota municipal board to consider designation of the
118.11 area for orderly annexation.
118.12 If a joint resolution designates an area as in need of
118.13 orderly annexation and states that no alteration of its stated
118.14 boundaries is appropriate, the board may review and comment, but
118.15 may not alter the boundaries.
118.16 If a joint resolution designates an area as in need of
118.17 orderly annexation, provides for the conditions for its
118.18 annexation, and states that no consideration by the board is
118.19 necessary, the board may review and comment, but shall, within
118.20 30 days, order the annexation in accordance with the terms of
118.21 the resolution.
118.22 Sec. 3. Minnesota Statutes 1996, section 414.033,
118.23 subdivision 2b, is amended to read:
118.24 Subd. 2b. [NOTICE REQUIRED.] Before a municipality may
118.25 adopt an ordinance under subdivision 2, clause (2), (3), or (4),
118.26 or subdivision 2a, a municipality must hold a public hearing and
118.27 give 30 days' written notice by certified mail to the town or
118.28 towns affected by the proposed ordinance and to all landowners
118.29 within and contiguous to the area to be annexed.
118.30 Sec. 4. Minnesota Statutes 1996, section 414.033,
118.31 subdivision 11, is amended to read:
118.32 Subd. 11. [FLOODPLAIN; SHORELAND AREA.] When a
118.33 municipality declares land annexed to the municipality under
118.34 subdivision 2, clause (3), or subdivision 2a, and the land is
118.35 within a designated floodplain, as provided by section 103F.111,
118.36 subdivision 4, or a shoreland area, as provided by section
119.1 103F.205, subdivision 4, the municipality shall adopt or amend
119.2 its land use controls to conform to chapter 103F, and any new
119.3 development of the annexed land shall be subject to chapter 103F.
119.4 Sec. 5. Minnesota Statutes 1996, section 414.033,
119.5 subdivision 12, is amended to read:
119.6 Subd. 12. [PROPERTY TAXES.] When a municipality annexes
119.7 land under subdivision 2, clause (2), (3), or (4), or
119.8 subdivision 2a, property taxes payable on the annexed land shall
119.9 continue to be paid to the affected town or towns for the year
119.10 in which the annexation becomes effective. Thereafter, property
119.11 taxes on the annexed land shall be paid to the municipality. In
119.12 the first year following the year the land was annexed, the
119.13 municipality shall make a cash payment to the affected town or
119.14 towns in an amount equal to 90 percent of the property taxes
119.15 paid in the year the land was annexed; in the second year, an
119.16 amount equal to 70 percent of the property taxes paid in the
119.17 year the land was annexed; in the third year, an amount equal to
119.18 50 percent of the property taxes paid in the year the land was
119.19 annexed; in the fourth year, an amount equal to 30 percent of
119.20 the property taxes paid in the year the land was annexed; and in
119.21 the fifth year, an amount equal to ten percent of the property
119.22 taxes paid in the year the land was annexed. The municipality
119.23 and the affected township may agree to a different payment.
119.24 Sec. 6. [414.0335] [ORDERED GOVERNMENTAL SERVICE
119.25 EXTENSION; ANNEXATION BY ORDINANCE.]
119.26 If a determination or order by the pollution control
119.27 agency, under section 115.49 or other similar statute is made,
119.28 that cooperation by contract is necessary and feasible between a
119.29 municipality and an unincorporated area located outside the
119.30 existing corporate limits of a municipality, the municipality
119.31 required to provide or extend through a contract a governmental
119.32 service to an unincorporated area, during the statutory 90-day
119.33 period provided in section 115.49 to formulate a contract, may
119.34 in the alternative to formulating a service contract to provide
119.35 or extend the service, declare the unincorporated area described
119.36 in the pollution control agency's determination letter or order
120.1 annexed to the municipality by adopting an ordinance and
120.2 submitting it to the municipal board or its successor. The
120.3 municipal board or its successor may review and comment on the
120.4 ordinance but shall approve the ordinance within 30 days of
120.5 receipt. The ordinance is final and the annexation is effective
120.6 on the date the municipal board or its successor approves the
120.7 ordinance. Thereafter, the city shall amend its comprehensive
120.8 plan and official controls in accordance with chapter 462.
120.9 Sec. 7. [414.10] [ALTERNATIVE PROCESS OF DISPUTE
120.10 RESOLUTION.]
120.11 Subdivision 1. [DEFINITION.] For the purposes of
120.12 subdivision 2, a "party" or "parties" means a property owner or
120.13 the governing body or town board of a jurisdiction that files an
120.14 initiating document or a timely objection pursuant to this
120.15 chapter, and the governing body or town board of the
120.16 jurisdiction or jurisdictions in which the subject area is
120.17 located.
120.18 Subd. 2. [CHAPTER 572A PROCESS.] As an alternative to the
120.19 procedure provided by this chapter, a party filing an initiating
120.20 document or timely objection with the municipal board may file
120.21 with the bureau of mediation services a written request for
120.22 mediation within 30 days of the filing as provided in section
120.23 572A.015. The request for mediation must contain the written
120.24 consent of all parties to have the dispute settled through the
120.25 process provided by chapter 572A. The filing party must also
120.26 file written notice with the municipal board notifying the board
120.27 that all parties have agreed to use the dispute resolution
120.28 process in chapter 572A.
120.29 Sec. 8. [414.11] [MUNICIPAL BOARD SUNSET.]
120.30 The municipal board shall terminate on December 31, 1999,
120.31 and all of its authority and duties under this chapter shall be
120.32 transferred to the office of strategic and long-range planning
120.33 according to section 15.039.
120.34 Sec. 9. [REPEALER.]
120.35 Minnesota Statutes 1996, section 414.033, subdivision 2a,
120.36 is repealed.
121.1 Sec. 10. [EFFECTIVE DATE.]
121.2 Sections 1 to 8 are effective the day following final
121.3 enactment. Section 9 is effective July 1, 1997.
121.4 ARTICLE 6
121.5 DISPUTE RESOLUTION
121.6 Section 1. [572A.01] [COMPREHENSIVE PLANNING DISPUTES;
121.7 MEDIATION.]
121.8 Subdivision 1. [FILING.] In the event of a dispute between
121.9 a county and the office of strategic and long-range planning
121.10 under section 394.232 or a county and a city under section
121.11 462.3535, regarding the development, content, or approval of a
121.12 community-based comprehensive land use plan, an aggrieved party
121.13 may file a written request for mediation, as provided in
121.14 subdivision 2, with the bureau of mediation services at any time
121.15 prior to a final action on a community-based comprehensive plan
121.16 or within 30 days of a final action on a community-based
121.17 comprehensive plan.
121.18 Subd. 2. [MEDIATION.] Within ten days of receiving a
121.19 request for mediation in subdivision 1, the bureau of mediation
121.20 services shall provide written notice of the request for
121.21 mediation to the parties and provide a list of neutrals
121.22 experienced in land use planning or local government issues
121.23 obtained from the supreme court, Minnesota municipal board,
121.24 bureau of mediation services, Minnesota state bar association,
121.25 Hennepin county bar association, office of dispute resolution,
121.26 and others. Within 30 days thereafter, the affected parties
121.27 shall select a mediator from the list of neutrals or someone
121.28 else acceptable to the parties and submit to mediation for a
121.29 period of 30 days facilitated by the bureau. If the dispute
121.30 remains unresolved after the close of the 30-day mediation
121.31 period, the bureau shall prepare a report of its recommendations
121.32 and transmit the report within 30 days to the parties. Within
121.33 60 days after the date of issuance of the mediator's report, the
121.34 dispute shall be submitted to binding arbitration as provided in
121.35 this chapter. The mediator's report submitted to the parties is
121.36 informational only and is not admissible in arbitration.
122.1 Sec. 2. [572A.015] [CHAPTER 414 DISPUTES; MEDIATION.]
122.2 Subdivision 1. [FILING.] As provided by section 414.10, if
122.3 an initiating document or timely objection under chapter 414 is
122.4 filed with the municipal board, the filing party, jurisdiction,
122.5 or jurisdictions may also file a written request for mediation
122.6 with the bureau of mediation services within 30 days of filing
122.7 the initiating document or timely objection. The request for
122.8 mediation must contain the written consent to the mediation and
122.9 arbitration process by all the parties, as defined in section
122.10 414.10, subdivision 1.
122.11 Subd. 2. [MEDIATION.] Within ten days of receiving a
122.12 request for mediation, the bureau shall provide written notice
122.13 of the request for mediation to the parties and provide a list
122.14 of neutrals experienced in land use planning and local
122.15 government issues obtained from the supreme court, Minnesota
122.16 municipal board, bureau of mediation services, Minnesota state
122.17 bar association, Hennepin county bar association, office of
122.18 dispute resolution and others. Within 30 days thereafter, the
122.19 affected parties, as defined in section 414.10, subdivision 1,
122.20 shall select a mediator from the list of neutrals or someone
122.21 else acceptable to the parties and submit to mediation for a
122.22 period of 30 days facilitated by the bureau. If the dispute
122.23 remains unresolved after the close of the 30-day mediation
122.24 period, the bureau shall prepare a report of its recommendations
122.25 and transmit the report within 30 days to the parties. Within
122.26 60 days after the date of issuance of the mediator's report, the
122.27 dispute shall be submitted to binding arbitration as provided in
122.28 this chapter. The mediator's report submitted to the parties is
122.29 informational only and is not admissible in arbitration.
122.30 Sec. 3. [572A.02] [ARBITRATION.]
122.31 Subdivision 1. [SUBMITTAL TO BINDING ARBITRATION.] If a
122.32 dispute remains unresolved after the close of mediation, the
122.33 dispute shall be submitted to binding arbitration within 60 days
122.34 of issuance of the mediation report pursuant to the terms of
122.35 this section and the Uniform Arbitration Act, sections
122.36 572.08-572.30, except the period may be extended for an
123.1 additional 15 days as provided in this section. In the event of
123.2 a conflict between the provisions of the Uniform Arbitration Act
123.3 and this section, this section controls.
123.4 Subd. 2. [APPOINTMENT OF PANEL.] (a) The parties shall
123.5 each appoint one qualified arbitrator within 30 days of issuance
123.6 of the mediation report. If a party does not appoint an
123.7 arbitrator within 30 days, the bureau of mediation services
123.8 shall appoint a qualified arbitrator from the list of neutrals
123.9 under sections 572A.01, subdivision 2, and 572A.015, subdivision
123.10 2, or someone else for the party. The parties shall notify the
123.11 bureau prior to the close of the 30-day appointment period of
123.12 the name and address of their respective appointed arbitrator.
123.13 Each party is responsible for the fees and expenses for the
123.14 arbitrator it selects.
123.15 (b) After appointment of the two arbitrators to the
123.16 arbitration panel by the parties, or by the bureau should one or
123.17 both of the parties fail to act, the two appointed arbitrators
123.18 shall appoint a third arbitrator who must be learned in the law,
123.19 within 15 days of the close of the initial 30-day arbitrator
123.20 appointment period. If the arbitrators cannot agree on the
123.21 selection of the third arbitrator within 15 days, the
123.22 arbitrators shall jointly submit a request to the district court
123.23 of the county in which the disputed area is located in
123.24 accordance with the selection procedures established in section
123.25 572.10. Within 15 days of receipt of an application by the
123.26 district court, the district court shall select a neutral
123.27 arbitrator and notify the parties and the bureau of mediation
123.28 services of the name and address of the selected arbitrator.
123.29 The fees and expenses of the third arbitrator shall be shared
123.30 equally by the parties. The third appointed arbitrator shall
123.31 act as chair of the arbitration panel and shall conduct the
123.32 proceedings. If the district court selects the third
123.33 arbitrator, the date required for first hearing the matter may
123.34 be extended an additional 15 days.
123.35 Subd. 3. [HEARING.] Except as otherwise provided, within
123.36 60 days, the matter must be brought on for hearing in accordance
124.1 with section 572.12. The bureau of mediation services shall
124.2 provide for the proceedings to occur in the county in which the
124.3 majority of the affected property is located.
124.4 Subd. 4. [CONTRACTS; INFORMATION.] The arbitration panel
124.5 shall have authority to contract with regional, state, county,
124.6 or local planning commissions or to hire expert consultants to
124.7 provide specialized information and assistance. Any member of
124.8 the panel conducting or participating in any hearing shall have
124.9 the power to administer oaths and affirmations, to issue
124.10 subpoenas, to compel the attendance and testimony of witnesses,
124.11 and the production of papers, books, and documents. Any costs
124.12 related to this subdivision shall be shared equally by the
124.13 parties.
124.14 Subd. 5. [DECISION FACTORS.] In comprehensive planning
124.15 disputes, the arbitration panel shall consider the goals stated
124.16 in section 4A.08 and the following factors in making a
124.17 decision. In all other disputes brought under this section, the
124.18 arbitration panel shall consider the following factors in making
124.19 a decision:
124.20 (1) present population and number of households, past
124.21 population, and projected population growth of the subject area
124.22 and adjacent units of local government;
124.23 (2) quantity of land within the subject area and adjacent
124.24 units of local government; and natural terrain including
124.25 recognizable physical features, general topography, major
124.26 watersheds, soil conditions, and such natural features as
124.27 rivers, lakes and major bluffs;
124.28 (3) degree of contiguity of the boundaries between the
124.29 municipality and the subject area;
124.30 (4) present pattern of physical development, planning, and
124.31 intended land uses in the subject area and the municipality
124.32 including residential, industrial, commercial, agricultural, and
124.33 institutional land uses and the impact of the proposed action on
124.34 those land uses;
124.35 (5) the present transportation network and potential
124.36 transportation issues, including proposed highway development;
125.1 (6) land use controls and planning presently being utilized
125.2 in the municipality and the subject area, including
125.3 comprehensive plans for development in the area and plans and
125.4 policies of the metropolitan council, and whether there are
125.5 inconsistencies between proposed development and existing land
125.6 use controls and the reasons therefore;
125.7 (7) existing levels of governmental services being provided
125.8 in the municipality and the subject area, including water and
125.9 sewer service, fire rating and protection, law enforcement,
125.10 street improvements and maintenance, administrative services,
125.11 and recreational facilities and the impact of the proposed
125.12 action on the delivery of said services;
125.13 (8) existing or potential environmental problems and
125.14 whether the proposed action is likely to improve or resolve
125.15 these problems;
125.16 (9) plans and programs by the municipality for providing
125.17 needed governmental services to the subject area;
125.18 (10) an analysis of the fiscal impact on the municipality,
125.19 the subject area, and adjacent units of local government,
125.20 including net tax capacity and the present bonded indebtedness,
125.21 and the local tax rates of the county, school district, and
125.22 township;
125.23 (11) relationship and effect of the proposed action on
125.24 affected and adjacent school districts and communities;
125.25 (12) adequacy of town government to deliver services to the
125.26 subject area;
125.27 (13) analysis of whether necessary governmental services
125.28 can best be provided through the proposed action or another type
125.29 of boundary adjustment; and
125.30 (14) if only a part of a township is annexed, the ability
125.31 of the remainder of the township to continue or the feasibility
125.32 of it being incorporated separately or being annexed to another
125.33 municipality.
125.34 Any party to the proceeding may present evidence and testimony
125.35 on any of the above factors at the hearing on the matter.
125.36 Subd. 6. [DECISION.] The arbitrators, after a hearing on
126.1 the matter, shall make a decision regarding the dispute within
126.2 60 days and transmit an order to the parties and the office of
126.3 strategic and long-range planning or the municipal board.
126.4 Unless appealed by an aggrieved party within 30 days of receipt
126.5 of the arbitration panel's order by the municipal board, the
126.6 municipal board shall execute an order in accordance with the
126.7 arbitration panel's order and shall cause copies of the same to
126.8 be mailed to all parties entitled to mailed notice, the
126.9 secretary of state, the department of revenue, the state
126.10 demographer, individual property owners if initiated in that
126.11 manner, the affected county auditor, and any other party of
126.12 record. The affected county auditor shall record the order
126.13 against the affected property.
126.14 Sec. 4. [572A.03] [ARBITRATION PANEL DECISION STANDARDS.]
126.15 Subdivision 1. [DECISION STANDARDS.] The arbitration
126.16 panel, based upon the factors in section 572A.02, subdivision 5,
126.17 shall decide the matter based upon the decision standards in
126.18 subdivisions 2 to 6.
126.19 Subd. 2. [COMPREHENSIVE LAND USE PLANNING.] For
126.20 comprehensive land use planning disputes under section 462.3535,
126.21 if a community-based comprehensive plan addresses the goals of
126.22 section 4A.08 and the arbitrators find that the city's projected
126.23 estimates found in its comprehensive plan are reasonable with
126.24 respect to an identified urban growth area, the arbitration
126.25 panel may order approval of the city plan. If the order is to
126.26 approve the community-based comprehensive plan, the order shall
126.27 contain notice directing the county to approve the city plan
126.28 within ten days of receipt of the arbitration order. The city
126.29 shall, thereafter, adopt the plan. If the order is to deny the
126.30 plan, the arbitration order shall state the reasons for the
126.31 denial in the order and transmit the order to the city, county,
126.32 and the office of strategic and long-range planning. The city
126.33 shall within 30 days of receipt of the order amend its plan and
126.34 resubmit the plan to the county for review and approval under
126.35 this subdivision. The county shall not unreasonably withhold
126.36 approval of the plan if the resubmitted city plan is in keeping
127.1 with the arbitration panel's order.
127.2 Subd. 3. [MUNICIPAL INCORPORATIONS.] For municipal
127.3 incorporations under section 414.02, the arbitration panel may
127.4 order the incorporation if it finds that: (1) the property to
127.5 be incorporated is now, or is about to become, urban or suburban
127.6 in character; (2) that the existing township form of government
127.7 is not adequate to protect the public health, safety, and
127.8 welfare; or (3) the proposed incorporation would be in the best
127.9 interests of the area under consideration. The panel may deny
127.10 the incorporation if the area, or a part of it, would be better
127.11 served by annexation to an adjacent municipality. The panel may
127.12 alter the boundaries of the proposed incorporation by increasing
127.13 or decreasing the area to be incorporated so as to include only
127.14 that property which is now, or is about to become, urban or
127.15 suburban in character, or may exclude property that may be
127.16 better served by another unit of government. The panel may also
127.17 alter the boundaries of the proposed incorporation so as to
127.18 follow visible, clearly recognizable physical features for
127.19 municipal boundaries. In all cases, the panel shall set forth
127.20 the factors which are the basis for the decision.
127.21 Subd. 4. [ANNEXATIONS OF UNINCORPORATED PROPERTY.] For
127.22 annexations of unincorporated property under section 414.031 or
127.23 414.033, subdivisions 3 and 5, the arbitration panel may order
127.24 the annexation: (1) if it finds that the subject area is now,
127.25 or is about to become, urban or suburban in character; (2) if it
127.26 finds that municipal government in the area proposed for
127.27 annexation is required to protect the public health, safety, and
127.28 welfare; or (3) if it finds that the annexation would be in the
127.29 best interest of the subject area. If only a part of a township
127.30 is to be annexed, the panel shall consider whether the remainder
127.31 of the township can continue to carry on the functions of
127.32 government without undue hardship. The panel shall deny the
127.33 annexation if it finds that the increase in revenues for the
127.34 annexing municipality bears no reasonable relation to the
127.35 monetary value of benefits conferred upon the annexed area. The
127.36 panel may deny the annexation: (1) if it appears that
128.1 annexation of all or a part of the property to an adjacent
128.2 municipality would better serve the interests of the residents
128.3 of the property; or (2) if the remainder of the township would
128.4 suffer undue hardship.
128.5 The panel may alter the boundaries of the area to be
128.6 annexed by increasing or decreasing the area so as to include
128.7 only that property which is now or is about to become urban or
128.8 suburban in character or to add property of that character
128.9 abutting the area proposed for annexation in order to preserve
128.10 or improve the symmetry of the area, or to exclude property that
128.11 may better be served by another unit of government. The panel
128.12 may also alter the boundaries of the proposed annexation so as
128.13 to follow visible, clearly recognizable physical features. If
128.14 the panel determines that part of the area would be better
128.15 served by another municipality or township, the panel may
128.16 initiate and approve annexation on its own motion by conducting
128.17 further hearings. In all cases, the arbitration panel shall set
128.18 forth the factors that are the basis for the decision.
128.19 Subd. 5. [ORDERLY ANNEXATIONS WITHIN A DESIGNATED
128.20 AREA.] For orderly annexations within a designated area under
128.21 section 414.0325, which require a hearing, the arbitration panel
128.22 may order the annexation: (1) if it finds that the subject area
128.23 is now or is about to become urban or suburban in character and
128.24 that the annexing municipality is capable of providing the
128.25 services required by the area within a reasonable time; (2) if
128.26 it finds that the existing township form of government is not
128.27 adequate to protect the public health, safety, and welfare; or
128.28 (3) if it finds that annexation would be in the best interests
128.29 of the subject area. The board may deny the annexation if it
128.30 conflicts with any provision of the joint agreement. The board
128.31 may alter the boundaries of the proposed annexation by
128.32 increasing or decreasing the area so as to include that property
128.33 within the designated area which is in need of municipal
128.34 services or will be in need of municipal services.
128.35 If the annexation is denied, no proceeding for the
128.36 annexation of substantially the same area may be initiated
129.1 within two years from the date of the board's order unless the
129.2 new proceeding is initiated by a majority of the area's property
129.3 owners and the petition is supported by affected parties to the
129.4 resolution. In all cases, the arbitration panel shall set forth
129.5 the factors which are the basis for the decision.
129.6 Subd. 6. [CONSOLIDATION OF MUNICIPALITIES.] For municipal
129.7 consolidations under section 414.041, the arbitration panel
129.8 shall consider and may accept, amend, return to the commission
129.9 for amendment or further study, or reject the commission's
129.10 findings and recommendations based upon the panel's written
129.11 determination of what is in the best interests of the affected
129.12 municipalities. The panel shall order the consolidation if it
129.13 finds that consolidation will be for the best interests of the
129.14 municipalities. In all cases, the arbitration panel shall set
129.15 forth the factors that are the basis for the decision.
129.16 Subd. 7. [DETACHMENT OF PROPERTY FROM A MUNICIPALITY.] For
129.17 detachments of property from a municipality under section
129.18 414.06, the arbitration panel may order the detachment if it
129.19 finds that the requisite number of property owners have signed
129.20 the petition if initiated by the property owners, that the
129.21 property is rural in character and not developed for urban
129.22 residential, commercial, or industrial purposes, that the
129.23 property is within the boundaries of the municipality and abuts
129.24 a boundary, that the detachment would not unreasonably affect
129.25 the symmetry of the detaching municipality, and that the land is
129.26 not needed for reasonably anticipated future development. The
129.27 panel shall deny the detachment if it finds that the remainder
129.28 of the municipality cannot continue to carry on the functions of
129.29 government without undue hardship. The panel shall have
129.30 authority to decrease the area of property to be detached and
129.31 may include only a part of the proposed area to be detached. If
129.32 the tract abuts more than one township, it shall become a part
129.33 of each township, being divided by projecting through it the
129.34 boundary line between the townships. The detached area may be
129.35 relieved of the primary responsibility for existing indebtedness
129.36 of the municipality and be required to assume the indebtedness
130.1 of the township of which it becomes a part, in the proportion
130.2 that the panel deems just and equitable considering the amount
130.3 of taxes due and delinquent and the indebtedness of each
130.4 township and the municipality affected, if any, and for what
130.5 purpose the indebtedness was incurred, in relation to the
130.6 benefit inuring to the detached area as a result of the
130.7 indebtedness and the last net tax capacity of the taxable
130.8 property in each township and municipality.
130.9 Subd. 8. [CONCURRENT DETACHMENT AND ANNEXATION OF
130.10 INCORPORATED PROPERTY.] For concurrent detachment and annexation
130.11 of incorporated property under section 414.061, subdivisions 4
130.12 and 5, the arbitration panel shall order the proposed action if
130.13 it finds that it will be for the best interests of the
130.14 municipalities and the property owner. In all cases, the
130.15 arbitration panel shall set forth the factors which are the
130.16 basis for the decision.
130.17 Sec. 5. [EFFECTIVE DATE.]
130.18 This article is effective the day following final enactment.