SF 2415

2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to economic development; providing that the 
  1.3             office of tourism may purchase items for resale 
  1.4             without complying with competitive bidding 
  1.5             requirements; increasing the loan maximum for 
  1.6             challenge grants; clarifying application requirements 
  1.7             for contaminated cleanup grants; authorizing 
  1.8             compensation for members of the job skills partnership 
  1.9             board; amending Minnesota Statutes 1996, sections 
  1.10            16B.06, subdivision 2; 16B.08, subdivision 7; 
  1.11            116J.415, subdivision 5; 116J.553, subdivision 2; and 
  1.12            116L.03, subdivision 5. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1996, section 16B.06, 
  1.15  subdivision 2, is amended to read: 
  1.16     Subd. 2.  [VALIDITY OF STATE CONTRACTS.] (a) A state 
  1.17  contract or lease is not valid and the state is not bound by it 
  1.18  until: 
  1.19     (1) it has first been executed by the head of the agency or 
  1.20  a delegate which is a party to the contract; 
  1.21     (2) it has been approved by the commissioner or a delegate, 
  1.22  under this section; 
  1.23     (3) it has been approved by the attorney general or a 
  1.24  delegate as to form and execution; and 
  1.25     (4) the account system shows an allotment or encumbrance 
  1.26  balance for the full amount of the contract liability.  
  1.27     (b) Paragraph (a), clause (2), does not apply to contracts 
  1.28  between state agencies, contracts awarding grants, or contracts 
  1.29  making loans, or bond purchase agreements by the department of 
  2.1   trade and economic development or the Minnesota public 
  2.2   facilities authority. 
  2.3      (c) The head of the agency may delegate the execution of 
  2.4   specific contracts or specific types of contracts to a 
  2.5   designated subordinate within the agency if the delegation has 
  2.6   been approved by the commissioner of administration and filed 
  2.7   with the secretary of state.  The fully executed copy of every 
  2.8   contract or lease must be kept on file at the contracting agency.
  2.9      Sec. 2.  Minnesota Statutes 1996, section 16B.08, 
  2.10  subdivision 7, is amended to read: 
  2.11     Subd. 7.  [SPECIFIC PURCHASES.] (a) The following may be 
  2.12  purchased without regard to the competitive bidding requirements 
  2.13  of this chapter:  
  2.14     (1) merchandise for resale at state park refectories or 
  2.15  facility operations; 
  2.16     (2) farm and garden products, which may be sold at the 
  2.17  prevailing market price on the date of the sale; 
  2.18     (3) meat for other state institutions from the technical 
  2.19  college maintained at Pipestone by independent school district 
  2.20  No. 583; and 
  2.21     (4) products and services from the Minnesota correctional 
  2.22  facilities; and 
  2.23     (5) merchandise for resale at office of tourism locations.  
  2.24     (b) Supplies, materials, equipment, and utility services 
  2.25  for use by a community-based residential facility operated by 
  2.26  the commissioner of human services may be purchased or rented 
  2.27  without regard to the competitive bidding requirements of this 
  2.28  chapter. 
  2.29     (c) Supplies, materials, or equipment to be used in the 
  2.30  operation of a hospital licensed under sections 144.50 to 144.56 
  2.31  that are purchased under a shared service purchasing arrangement 
  2.32  whereby more than one hospital purchases supplies, materials, or 
  2.33  equipment with one or more other hospitals, either through one 
  2.34  of the hospitals or through another entity, may be purchased 
  2.35  without regard to the competitive bidding requirements of this 
  2.36  chapter if the following conditions are met: 
  3.1      (1) the hospital's governing authority authorizes the 
  3.2   arrangement; 
  3.3      (2) the shared services purchasing program purchases items 
  3.4   available from more than one source on the basis of competitive 
  3.5   bids or competitive quotations of prices; and 
  3.6      (3) the arrangement authorizes the hospital's governing 
  3.7   authority or its representatives to review the purchasing 
  3.8   procedures to determine compliance with these requirements. 
  3.9      Sec. 3.  Minnesota Statutes 1996, section 116J.415, 
  3.10  subdivision 5, is amended to read: 
  3.11     Subd. 5.  [LOAN CRITERIA.] The following criteria apply to 
  3.12  loans made under the challenge grant program:  
  3.13     (1) loans must be made to businesses that are not likely to 
  3.14  undertake a project for which loans are sought without 
  3.15  assistance from the challenge grant program; 
  3.16     (2) a loan must be used for a project designed principally 
  3.17  to benefit low-income persons through the creation of job or 
  3.18  business opportunities for them; 
  3.19     (3) the minimum loan is $5,000 and the maximum 
  3.20  is $100,000 $200,000; 
  3.21     (4) a loan may not exceed 50 percent of the total cost of 
  3.22  an individual project; 
  3.23     (5) a loan may not be used for a retail development 
  3.24  project; and 
  3.25     (6) a business applying for a loan, except a 
  3.26  microenterprise loan under subdivision 6, must be sponsored by a 
  3.27  resolution of the governing body of the local governmental unit 
  3.28  within whose jurisdiction the project is located. 
  3.29     Sec. 4.  Minnesota Statutes 1996, section 116J.553, 
  3.30  subdivision 2, is amended to read: 
  3.31     Subd. 2.  [REQUIRED CONTENT.] (a) The commissioner shall 
  3.32  prescribe and provide the application form.  Except as provided 
  3.33  in paragraph (b), the application must include at least the 
  3.34  following information: 
  3.35     (1) identification of the site; 
  3.36     (2) an approved response action plan for the site, 
  4.1   including the results of engineering and other tests showing the 
  4.2   nature and extent of the release or threatened release of 
  4.3   contaminants at the site; 
  4.4      (3) a detailed estimate, along with necessary supporting 
  4.5   evidence, of the total cleanup costs for the site; 
  4.6      (4) an appraisal of the current market value of the 
  4.7   property, separately taking into account the effect of the 
  4.8   contaminants on the market value, prepared by a qualified 
  4.9   independent appraiser using accepted appraisal methodology; 
  4.10     (5) an assessment of the development potential or likely 
  4.11  use of the site after completion of the response action plan, 
  4.12  including any specific commitments from third parties to 
  4.13  construct improvements on the site; 
  4.14     (6) the manner in which the municipality will meet the 
  4.15  local match requirement; and 
  4.16     (7) any additional information or material that the 
  4.17  commissioner prescribes. 
  4.18     (b) An application for a grant under section 116J.554, 
  4.19  subdivision 1, paragraph (b), must include a detailed estimate 
  4.20  of the cost of the actions for which the grant is sought, but 
  4.21  need not include the information specified in paragraph (a), 
  4.22  clauses (2) to (4) and (6). 
  4.23     (c) A response action plan is not required as a condition 
  4.24  to receive a grant under section 116J.554, subdivision 1, 
  4.25  paragraph (c). 
  4.26     Sec. 5.  Minnesota Statutes 1996, section 116L.03, 
  4.27  subdivision 5, is amended to read: 
  4.28     Subd. 5.  [TERMS AND COMPENSATION.] The terms of appointed 
  4.29  members shall be for four years except for the initial 
  4.30  appointments.  The initial appointments of the governor shall 
  4.31  have the following terms:  two members each for one, two, three, 
  4.32  and four years.  Compensation of members shall be as provided in 
  4.33  section 15.0575, subdivision 3. 
  4.34     Sec. 6.  [EFFECTIVE DATE.] 
  4.35     Section 5 is effective July 1, 1997.