SF 3214

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; transferring the 
  1.3             functions of the office of strategic and long-range 
  1.4             planning to the management analysis division of the 
  1.5             department of administration; proposing coding for new 
  1.6             law in Minnesota Statutes, chapter 16B; repealing 
  1.7             Minnesota Statutes 1998, sections 4A.01; 4A.02; 4A.03; 
  1.8             4A.04; 4A.05; 4A.06; 4A.07; 4A.08; 4A.09; and 4A.10. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [16B.421] [STATE DEMOGRAPHER.] 
  1.11     (a) The commissioner shall appoint a state demographer.  
  1.12  The demographer must be professionally competent in demography 
  1.13  and must possess demonstrated ability based upon past 
  1.14  performance.  
  1.15     (b) The demographer shall: 
  1.16     (1) continuously gather and develop demographic data 
  1.17  relevant to the state; 
  1.18     (2) design and test methods of research and data 
  1.19  collection; 
  1.20     (3) periodically prepare population projections for the 
  1.21  state and designated regions and periodically prepare 
  1.22  projections for each county or other political subdivision of 
  1.23  the state as necessary to carry out the purposes of this 
  1.24  section; 
  1.25     (4) review, comment on, and prepare analysis of population 
  1.26  estimates and projections made by state agencies, political 
  1.27  subdivisions, other states, federal agencies, or nongovernmental 
  2.1   persons, institutions, or commissions; 
  2.2      (5) serve as the state liaison with the United States 
  2.3   Bureau of the Census, coordinate state and federal demographic 
  2.4   activities to the fullest extent possible, and aid the 
  2.5   legislature in preparing a census data plan and form for each 
  2.6   decennial census; 
  2.7      (6) compile an annual study of population estimates on the 
  2.8   basis of county, regional, or other political or geographical 
  2.9   subdivisions as necessary to carry out the purposes of this 
  2.10  section and section 16B.422; 
  2.11     (7) by January 1 of each year, issue a report to the 
  2.12  legislature containing an analysis of the demographic 
  2.13  implications of the annual population study and population 
  2.14  projections; 
  2.15     (8) prepare maps for all counties in the state, all 
  2.16  municipalities with a population of 10,000 or more, and other 
  2.17  municipalities as needed for census purposes, according to scale 
  2.18  and detail recommended by the United States Bureau of the 
  2.19  Census, with the maps of cities showing precinct boundaries; 
  2.20     (9) prepare an estimate of population and of the number of 
  2.21  households for each governmental subdivision for which the 
  2.22  metropolitan council does not prepare an annual estimate, and 
  2.23  convey the estimates to the governing body of each political 
  2.24  subdivision by May 1 of each year; 
  2.25     (10) direct, under section 414.01, subdivision 14, and 
  2.26  certify population and household estimates of annexed or 
  2.27  detached areas of municipalities or towns after being notified 
  2.28  of the order or letter of approval by the Minnesota municipal 
  2.29  board; and 
  2.30     (11) prepare, for any purpose for which a population 
  2.31  estimate is required by law or needed to implement a law, a 
  2.32  population estimate of a municipality or town whose population 
  2.33  is affected by action under section 379.02 or 414.01, 
  2.34  subdivision 14. 
  2.35     (c) A governing body may challenge an estimate made under 
  2.36  paragraph (b) by filing its specific objections in writing with 
  3.1   the state demographer by June 10.  If the challenge does not 
  3.2   result in an acceptable estimate by June 24, the governing body 
  3.3   may have a special census conducted by the United States Bureau 
  3.4   of the Census.  The political subdivision must notify the state 
  3.5   demographer by July 1 of its intent to have the special census 
  3.6   conducted.  The political subdivision must bear all costs of the 
  3.7   special census.  Results of the special census must be received 
  3.8   by the state demographer by the next April 15 to be used in that 
  3.9   year's May 1 estimate to the political subdivision under 
  3.10  paragraph (b). 
  3.11     Sec. 2.  [16B.422] [POPULATION ESTIMATES AND PROJECTIONS; 
  3.12  SUBMISSION BY STATE AGENCIES.] 
  3.13     Each state agency shall submit to the commissioner for 
  3.14  comment all population estimates and projections prepared by it 
  3.15  before: 
  3.16     (1) submitting the estimates and projections to the 
  3.17  legislature or the federal government to obtain approval of 
  3.18  grants; 
  3.19     (2) the issuance of bonds based upon those estimates and 
  3.20  projections; or 
  3.21     (3) releasing a plan based upon the estimates and 
  3.22  projections. 
  3.23     Sec. 3.  [16B.423] [COOPERATIVE CONTRACTS.] 
  3.24     (a) The commissioner may apply for, receive, and expend 
  3.25  money from municipal, county, regional, and other planning 
  3.26  agencies; apply for, accept, and disburse grants and other aids 
  3.27  for planning purposes from the federal government and from other 
  3.28  public or private sources; and may enter into contracts with 
  3.29  agencies of the federal government, local governmental units, 
  3.30  the University of Minnesota and other educational institutions, 
  3.31  and private persons as necessary to perform the commissioner's 
  3.32  duties.  Contracts made under this section are not subject to 
  3.33  chapter 16C, as they relate to competitive bidding. 
  3.34     (b) The commissioner may apply for, receive, and expend 
  3.35  money made available from federal sources or other sources for 
  3.36  the purposes of carrying out the commissioner's duties and 
  4.1   responsibilities relating to local and urban affairs.  
  4.2      (c) All money received by the commissioner under this 
  4.3   section must be deposited in the state treasury and is 
  4.4   appropriated to the commissioner for the purposes for which the 
  4.5   money has been received.  The money does not cancel and is 
  4.6   available until expended. 
  4.7      Sec. 4.  [16B.424] [LAND MANAGEMENT INFORMATION CENTER.] 
  4.8      Subdivision 1.  [PURPOSE.] The purpose of the land 
  4.9   management information center is to foster integration of 
  4.10  environmental information and provide services in computer 
  4.11  mapping and graphics, environmental analysis, and small systems 
  4.12  development.  The commissioner, through the center, shall 
  4.13  periodically study land use and natural resources on the basis 
  4.14  of county, regional, and other political subdivisions. 
  4.15     Subd. 2.  [STATEWIDE NITRATE DATABASE.] The commissioner, 
  4.16  through the center, shall maintain a statewide nitrate database 
  4.17  containing the data described in section 103A.403. 
  4.18     Subd. 3.  [FEES.] The commissioner shall set fees under 
  4.19  section 16A.1285 reflecting the actual costs of providing the 
  4.20  center's information products and services to clients.  Fees 
  4.21  collected must be deposited in the state treasury and credited 
  4.22  to the land management information center revolving account.  
  4.23  Money in the account is appropriated to the commissioner for 
  4.24  operation of the land management information system, including 
  4.25  the cost of services, supplies, materials, labor, and equipment, 
  4.26  as well as the portion of the general support costs and 
  4.27  statewide indirect costs of the office attributable to the land 
  4.28  management information system.  The commissioner may require a 
  4.29  state agency to make an advance payment to the revolving fund 
  4.30  sufficient to cover the agency's estimated obligation for a 
  4.31  period of 60 days or more.  If the revolving fund is abolished 
  4.32  or liquidated, the total net profit from operations must be 
  4.33  distributed to the funds from which purchases were made.  The 
  4.34  amount to be distributed to each fund must bear to the net 
  4.35  profit the same ratio as the total purchases from each fund bear 
  4.36  to the total purchases from all the funds during a period of 
  5.1   time that fairly reflects the amount of net profit each fund is 
  5.2   entitled to receive under this distribution. 
  5.3      Sec. 5.  [16B.425] [FIREARMS REPORT REQUIRED.] 
  5.4      The criminal justice statistical analysis center shall 
  5.5   report to the legislature no later than January 31 of each year 
  5.6   on the number of persons arrested, charged, convicted, and 
  5.7   sentenced for violations of each state law affecting the use or 
  5.8   possession of firearms.  The report must include complete 
  5.9   statistics, including the make, model, and serial number of each 
  5.10  firearm involved, where that information is available, on each 
  5.11  crime committed affecting the use or possession of firearms and 
  5.12  a breakdown by county of the crimes committed.  
  5.13     Sec. 6.  [16B.426] [SUSTAINABLE DEVELOPMENT FOR LOCAL 
  5.14  GOVERNMENT.] 
  5.15     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  5.16  subdivision apply to this section. 
  5.17     (b) "Local unit of government" means a county, statutory or 
  5.18  home rule charter city, town, or watershed district.  
  5.19     (c) "Sustainable development" means development that 
  5.20  maintains or enhances economic opportunity and community 
  5.21  well-being while protecting and restoring the natural 
  5.22  environment upon which people and economies depend.  Sustainable 
  5.23  development meets the needs of the present without compromising 
  5.24  the ability of future generations to meet their own needs.  
  5.25     Subd. 2.  [PLANNING GUIDE.] The commissioner shall develop 
  5.26  and publish a planning guide for local units of government to 
  5.27  plan for sustainable development, based on the principles of 
  5.28  sustainable development adopted by the environmental quality 
  5.29  board with advice of the governor's round table on sustainable 
  5.30  development.  The commissioner shall make the planning guide 
  5.31  available to local units of government within the state. 
  5.32     Subd. 3.  [MODEL ORDINANCE.] The commissioner, in 
  5.33  consultation with appropriate and affected parties, shall 
  5.34  prepare a model ordinance to guide sustainable development. 
  5.35     Subd. 4.  [SPECIFICITY AND DISTRIBUTION.] The model 
  5.36  ordinance must specify the technical and administrative 
  6.1   procedures to guide sustainable development.  When adopted by a 
  6.2   local unit of government, the model ordinance is the minimum 
  6.3   regulation to guide sustainable development that may be 
  6.4   adopted.  Upon completion, the commissioner shall notify local 
  6.5   units of government that the model ordinance is available, and 
  6.6   shall distribute it to interested local units. 
  6.7      Subd. 5.  [PERIODIC REVIEW.] At least once every five 
  6.8   years, the commissioner shall review the model ordinance and its 
  6.9   use with local units of government to ensure its continued 
  6.10  applicability and relevance. 
  6.11     Sec. 7.  [16B.427] [COMMUNITY-BASED PLANNING GOALS.] 
  6.12     The goals of community-based planning are: 
  6.13     (1) to develop a community-based planning process with 
  6.14  broad citizen participation in order to build local capacity to 
  6.15  plan for sustainable development and to benefit from the 
  6.16  insights, knowledge, and support of local residents, including 
  6.17  at least one citizen from each affected unit of local 
  6.18  government; 
  6.19     (2) to promote cooperation among communities to work toward 
  6.20  the most efficient, planned, and cost-effective delivery of 
  6.21  government services by, among other means, facilitating 
  6.22  cooperative agreements among adjacent communities and 
  6.23  coordinating planning to ensure compatibility of one community's 
  6.24  development with development of neighboring communities; 
  6.25     (3) to develop sustainable economic development strategies 
  6.26  and provide economic opportunities throughout the state that 
  6.27  will achieve a balanced distribution of growth statewide; 
  6.28     (4) to protect, preserve, and enhance the state's 
  6.29  resources, including agricultural land, forests, surface water 
  6.30  and groundwater, recreation and open space, scenic areas, and 
  6.31  significant historic and archaeological sites; 
  6.32     (5) to strengthen communities by following the principles 
  6.33  of livable community design in development and redevelopment, 
  6.34  including integration of all income and age groups, mixed land 
  6.35  uses and compact development, affordable and life-cycle housing, 
  6.36  green spaces, access to public transit, bicycle and pedestrian 
  7.1   ways, and enhanced aesthetics and beauty in public spaces; 
  7.2      (6) to provide and preserve an adequate supply of 
  7.3   affordable and life-cycle housing throughout the state; 
  7.4      (7) to focus on the movement of people and goods, rather 
  7.5   than on the movement of automobiles, in transportation planning, 
  7.6   and to maximize efficient use of the transportation 
  7.7   infrastructure by increasing the availability and use of 
  7.8   appropriate public transit throughout the state through land-use 
  7.9   planning and design that makes public transit economically 
  7.10  viable and desirable; 
  7.11     (8) to establish a community-based framework as a basis for 
  7.12  all decisions and actions related to land use; 
  7.13     (9) to account for the full environmental, social, and 
  7.14  economic costs of new development, including infrastructure 
  7.15  costs such as transportation, sewers and wastewater treatment, 
  7.16  water, schools, recreation, and open space, and plan the funding 
  7.17  mechanisms necessary to cover the costs of the infrastructure; 
  7.18     (10) to support research and public education on a 
  7.19  community and the state's finite capacity to accommodate growth, 
  7.20  and the need for planning and resource management that will 
  7.21  sustain growth; and 
  7.22     (11) to provide a better quality of life for all residents 
  7.23  while maintaining nature's ability to function over time by 
  7.24  minimizing waste, preventing pollution, promoting efficiency, 
  7.25  and developing local resources to revitalize the local economy. 
  7.26     Sec. 8.  [16B.428] [TECHNICAL ASSISTANCE.] 
  7.27     The office shall provide local governments technical and 
  7.28  financial assistance in preparing their comprehensive plans to 
  7.29  meet the community-based planning goals in section 16B.427.  
  7.30     Sec. 9.  [16B.429] [PLAN REVIEW AND COMMENT.] 
  7.31     The commissioner shall review and comment on 
  7.32  community-based comprehensive plans prepared by counties, 
  7.33  including the community-based comprehensive plans of 
  7.34  municipalities and towns that are incorporated into a county's 
  7.35  plan, as required in section 394.232, subdivision 3. 
  7.36     Sec. 10.  [TRANSFER.] 
  8.1      The functions of the office of strategic and long-range 
  8.2   planning are transferred to the management analysis division of 
  8.3   the department of administration in accordance with Minnesota 
  8.4   Statutes, section 15.039. 
  8.5      Sec. 11.  [REVISOR'S INSTRUCTION.] 
  8.6      In Minnesota Statutes, the revisor shall delete "4A.02" and 
  8.7   substitute "16B.421"; delete "4A.07" and substitute "16B.426"; 
  8.8   and delete "4A.08" and substitute "16B.427". 
  8.9      Sec. 12.  [REPEALER.] 
  8.10     Minnesota Statutes 1998, sections 4A.01; 4A.02; 4A.03; 
  8.11  4A.04; 4A.05; 4A.06; 4A.07; 4A.08; 4A.09; and 4A.10, are 
  8.12  repealed. 
  8.13     Sec. 13.  [EFFECTIVE DATE.] 
  8.14     Sections 1 to 10 and 12 are effective July 1, 2000.