SF 2730

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

  1.1                          A bill for an act 
  1.2             relating to state government; department of 
  1.3             administration; making technical corrections relating 
  1.4             to information systems and technology, data practices, 
  1.5             and certain appropriations oversight; changing the 
  1.6             name of the Minnesota telecommunications network; 
  1.7             clarifying department of administration authority over 
  1.8             building operations and maintenance; extending the 
  1.9             expiration date of the governor's residence council; 
  1.10            changing certain terminology, providing for 
  1.11            disposition of certain revenue, modifying provisions 
  1.12            relating to certain disability councils, and 
  1.13            clarifying certain referenda authority with respect to 
  1.14            the state building code; amending Minnesota Statutes 
  1.15            1996, sections 16B.04, subdivision 2; 16B.24, 
  1.16            subdivision 1; 16B.27, subdivision 3; 16B.58, 
  1.17            subdivision 1; 16B.65, subdivisions 1 and 6; and 
  1.18            124C.74, subdivisions 2 and 3; Minnesota Statutes 1997 
  1.19            Supplement, sections 15.059, subdivision 5a; 16B.415; 
  1.20            16B.465; 16B.72; 16E.03, subdivision 1; 16E.13, 
  1.21            subdivision 3; and 221.173; Laws 1995, First Special 
  1.22            Session chapter 3, article 12, section 7, subdivision 
  1.23            1, as amended; and Laws 1997, chapter 202, article 1, 
  1.24            section 12, subdivision 4; proposing coding for new 
  1.25            law in Minnesota Statutes, chapter 16B. 
  1.26  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.27     Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.28  15.059, subdivision 5a, is amended to read: 
  1.29     Subd. 5a.  [NO EXPIRATION.] Notwithstanding subdivision 5, 
  1.30  the advisory councils and committees listed in this subdivision 
  1.31  do not expire June 30, 1997.  These groups expire June 30, 2001, 
  1.32  unless the law creating the group or this subdivision specifies 
  1.33  an earlier expiration date. 
  1.34     Investment advisory council, created in section 11A.08; 
  1.35     Intergovernmental information systems advisory council, 
  2.1   created in section 16B.42, expires June 30, 1999; 
  2.2      Feedlot and manure management advisory committee, created 
  2.3   in section 17.136; 
  2.4      Aquaculture advisory committee, created in section 17.49; 
  2.5      Dairy producers board, created in section 17.76; 
  2.6      Pesticide applicator education and examination review 
  2.7   board, created in section 18B.305; 
  2.8      Advisory seed potato certification task force, created in 
  2.9   section 21.112; 
  2.10     Food safety advisory committee, created in section 28A.20; 
  2.11     Minnesota organic advisory task force, created in section 
  2.12  31.95; 
  2.13     Public programs risk adjustment work group, created in 
  2.14  section 62Q.03, expires June 30, 1999; 
  2.15     Workers' compensation self-insurers' advisory committee, 
  2.16  created in section 79A.02; 
  2.17     Youth corps advisory committee, created in section 84.0887; 
  2.18     Iron range off-highway vehicle advisory committee, created 
  2.19  in section 85.013; 
  2.20     Mineral coordinating committee, created in section 93.002; 
  2.21     Game and fish fund citizen advisory committees, created in 
  2.22  section 97A.055; 
  2.23     Wetland heritage advisory committee, created in section 
  2.24  103G.2242; 
  2.25     Wastewater treatment technical advisory committee, created 
  2.26  in section 115.54; 
  2.27     Solid waste management advisory council, created in section 
  2.28  115A.12; 
  2.29     Nuclear waste council, created in section 116C.711; 
  2.30     Genetically engineered organism advisory committee, created 
  2.31  in section 116C.93; 
  2.32     Environment and natural resources trust fund advisory 
  2.33  committee, created in section 116P.06; 
  2.34     Child abuse prevention advisory council, created in section 
  2.35  119A.13; 
  2.36     Chemical abuse and violence prevention council, created in 
  3.1   section 119A.27; 
  3.2      Youth neighborhood services advisory board, created in 
  3.3   section 119A.29; 
  3.4      Interagency coordinating council, created in section 
  3.5   120.1701, expires June 30, 1999; 
  3.6      Desegregation/integration advisory board, created in 
  3.7   section 121.1601; 
  3.8      Nonpublic education council, created in section 123.935; 
  3.9      Permanent school fund advisory committee, created in 
  3.10  section 124.078; 
  3.11     Indian scholarship committee, created in section 124.48; 
  3.12     American Indian education committees, created in section 
  3.13  126.531; 
  3.14     Summer scholarship advisory committee, created in section 
  3.15  126.56; 
  3.16     Multicultural education advisory committee, created in 
  3.17  section 126.82; 
  3.18     Male responsibility and fathering grants review committee, 
  3.19  created in section 126.84; 
  3.20     Library for the blind and physically handicapped advisory 
  3.21  committee, created in section 134.31; 
  3.22     Higher education advisory council, created in section 
  3.23  136A.031; 
  3.24     Student advisory council, created in section 136A.031; 
  3.25     Cancer surveillance advisory committee, created in section 
  3.26  144.672; 
  3.27     Maternal and child health task force, created in section 
  3.28  145.881; 
  3.29     State community health advisory committee, created in 
  3.30  section 145A.10; 
  3.31     Mississippi River Parkway commission, created in section 
  3.32  161.1419; 
  3.33     School bus safety advisory committee, created in section 
  3.34  169.435; 
  3.35     Advisory council on workers' compensation, created in 
  3.36  section 175.007; 
  4.1      Code enforcement advisory council, created in section 
  4.2   175.008; 
  4.3      Medical services review board, created in section 176.103; 
  4.4      Apprenticeship advisory council, created in section 178.02; 
  4.5      OSHA advisory council, created in section 182.656; 
  4.6      Health professionals services program advisory committee, 
  4.7   created in section 214.32; 
  4.8      Rehabilitation advisory council for the blind, created in 
  4.9   section 248.10; 
  4.10     American Indian advisory council, created in section 
  4.11  254A.035; 
  4.12     Alcohol and other drug abuse advisory council, created in 
  4.13  section 254A.04; 
  4.14     Medical assistance drug formulary committee, created in 
  4.15  section 256B.0625; 
  4.16     Home care advisory committee, created in section 256B.071; 
  4.17     Preadmission screening, alternative care, and home and 
  4.18  community-based services advisory committee, created in section 
  4.19  256B.0911; 
  4.20     Traumatic brain injury advisory committee, created in 
  4.21  section 256B.093; 
  4.22     Minnesota commission serving deaf and hard-of-hearing 
  4.23  people, created in section 256C.28; 
  4.24     American Indian child welfare advisory council, created in 
  4.25  section 257.3579; 
  4.26     Juvenile justice advisory committee, created in section 
  4.27  268.29; 
  4.28     Northeast Minnesota economic development fund technical 
  4.29  advisory committees, created in section 298.2213; 
  4.30     Iron range higher education committee, created in section 
  4.31  298.2214; 
  4.32     Northeast Minnesota economic protection trust fund 
  4.33  technical advisory committee, created in section 298.297; 
  4.34     Pipeline safety advisory committee, created in section 
  4.35  299J.06, expires June 30, 1998; 
  4.36     Battered women's advisory council, created in section 
  5.1   611A.34. 
  5.2      Sec. 2.  Minnesota Statutes 1996, section 16B.04, 
  5.3   subdivision 2, is amended to read: 
  5.4      Subd. 2.  [POWERS AND DUTIES, GENERAL.] Subject to other 
  5.5   provisions of this chapter, the commissioner is authorized to:  
  5.6      (1) supervise, control, review, and approve all state 
  5.7   contracts and purchasing; 
  5.8      (2) provide agencies with supplies and equipment and 
  5.9   operate all central store or supply rooms serving more than one 
  5.10  agency; 
  5.11     (3) approve all computer plans and contracts, and oversee 
  5.12  the state's data processing system; 
  5.13     (4) investigate and study the management and organization 
  5.14  of agencies, and reorganize them when necessary to ensure their 
  5.15  effective and efficient operation; 
  5.16     (5) manage and control state property, real and personal; 
  5.17     (6) maintain and operate all state buildings including the 
  5.18  state capitol building and grounds, as described in section 
  5.19  16B.24, subdivision 1; 
  5.20     (7) supervise, control, review, and approve all capital 
  5.21  improvements to state buildings and the capitol building and 
  5.22  grounds; 
  5.23     (8) provide central duplicating, printing, and mail 
  5.24  facilities; 
  5.25     (9) oversee publication of official documents and provide 
  5.26  for their sale; 
  5.27     (10) manage and operate parking facilities for state 
  5.28  employees and a central motor pool for travel on state business; 
  5.29     (11) establish and administer a state building code; and 
  5.30     (12) provide rental space within the capitol complex for a 
  5.31  private day care center for children of state employees.  The 
  5.32  commissioner shall contract for services as provided in this 
  5.33  chapter.  The commissioner shall report back to the legislature 
  5.34  by October 1, 1984, with the recommendation to implement the 
  5.35  private day care operation.  
  5.36     Sec. 3.  [16B.053] [GRANTS.] 
  6.1      The commissioner may apply for, receive, and expend money 
  6.2   made available from federal or other sources for the purposes of 
  6.3   carrying out the duties and responsibilities of the commissioner 
  6.4   under sections 16B.054 and 16B.055. 
  6.5      All moneys received by the commissioner under sections 
  6.6   16B.054 and 16B.055 must be deposited in the state treasury and 
  6.7   are appropriated to the commissioner for the purpose for which 
  6.8   the moneys are received.  The money does not cancel and is 
  6.9   available until expended. 
  6.10     Sec. 4.  [16B.054] [DEVELOPMENTAL DISABILITIES.] 
  6.11     The department of administration is designated as the 
  6.12  responsible agency to assist the Minnesota governor's council on 
  6.13  developmental disabilities in carrying out all responsibilities 
  6.14  under United States Code, title 42, section 6021 et seq., as 
  6.15  well as those responsibilities relating to the program which are 
  6.16  not delegated to the council. 
  6.17     Sec. 5.  [16B.055] [STAR PROGRAM.] 
  6.18     The department of administration shall serve as the lead 
  6.19  agency to assist the Minnesota governor's advisory council on 
  6.20  technology for people with disabilities in carrying out all 
  6.21  responsibilities pursuant to United States Code, title 29, 
  6.22  section 2211 et seq., and any other responsibilities related to 
  6.23  that program. 
  6.24     Sec. 6.  Minnesota Statutes 1996, section 16B.24, 
  6.25  subdivision 1, is amended to read: 
  6.26     Subdivision 1.  [OPERATION AND MAINTENANCE OF BUILDINGS.] 
  6.27  The commissioner is authorized to maintain and operate the state 
  6.28  capitol building and grounds, subject to whatever standards and 
  6.29  policies are set for its appearance and cleanliness by the 
  6.30  capitol area architectural and planning board and the 
  6.31  commissioner under section 15.50, subdivision 2, clause (h) (j), 
  6.32  and the state office building, the judicial center, the economic 
  6.33  security buildings in Minneapolis and St. Paul, the state 
  6.34  department of health building, and the surplus property 
  6.35  building, and their grounds all other buildings, cafeterias, and 
  6.36  grounds in state-owned buildings in the capitol area under 
  7.1   section 15.50, subdivision 2, clause (a), the state department 
  7.2   of public safety, bureau of criminal apprehension building in 
  7.3   St. Paul, the state department of health building in 
  7.4   Minneapolis, the Duluth government services center in Duluth, 
  7.5   321 Grove street buildings in St. Paul, any other properties 
  7.6   acquired by the department of administration, and, when the 
  7.7   commissioner considers it advisable and practicable, any other 
  7.8   building or premises owned or rented by the state for the use of 
  7.9   a state agency.  The commissioner shall assign and reassign 
  7.10  office space in the capitol and state buildings to make an 
  7.11  equitable division of available space among agencies.  The 
  7.12  commissioner shall regularly update the long-range strategic 
  7.13  plan for locating agencies and shall follow the plan in 
  7.14  assigning and reassigning space to agencies.  The plan must 
  7.15  include locational and urban design criteria, a cost-analysis 
  7.16  method to be used in weighing state ownership against leasing of 
  7.17  space in specific instances, and a transportation management 
  7.18  plan.  If the commissioner determines that a deviation from the 
  7.19  plan is necessary or desirable in a specific instance, the 
  7.20  commissioner shall provide the legislature with a timely written 
  7.21  explanation of the reasons for the deviation.  The power granted 
  7.22  in this subdivision does not apply to state hospitals or to 
  7.23  educational, penal, correctional, or other institutions not 
  7.24  enumerated in this subdivision the control of which is vested by 
  7.25  law in some other agency.  
  7.26     Sec. 7.  Minnesota Statutes 1996, section 16B.27, 
  7.27  subdivision 3, is amended to read: 
  7.28     Subd. 3.  [COUNCIL.] The governor's residence council 
  7.29  consists of the following 19 members:  the commissioner; the 
  7.30  spouse, or a designee of the governor; the executive director of 
  7.31  the Minnesota state arts board; the director of the Minnesota 
  7.32  historical society; a member of the senate appointed pursuant to 
  7.33  the rules of the senate; a member of the house of 
  7.34  representatives appointed pursuant to the rules of the house of 
  7.35  representatives; 13 persons appointed by the governor including 
  7.36  one in the field of higher education, one member of the American 
  8.1   Society of Interior Designers, Minnesota Chapter, one member of 
  8.2   the American Institute of Architects, Minnesota chapter, one 
  8.3   member of the American Society of Landscape Architects, 
  8.4   Minnesota Chapter, one member of the family that donated the 
  8.5   governor's residence to the state, if available, and eight 
  8.6   public members with four public members' terms being coterminous 
  8.7   with the governor who appoints them.  Members of the council 
  8.8   serve without compensation.  Membership terms, removal, and 
  8.9   filling of vacancies for members appointed by the governor are 
  8.10  governed by section 15.0575.  The council shall elect a chair 
  8.11  and a secretary from among its members.  The council expires on 
  8.12  June 30, 1998 2001. 
  8.13     Sec. 8.  Minnesota Statutes 1997 Supplement, section 
  8.14  16B.415, is amended to read: 
  8.15     16B.415 [OPERATION OF INFORMATION SYSTEMS.] 
  8.16     The commissioner, through a division of technology 
  8.17  management, is responsible for ongoing operations of state 
  8.18  agency information technology activities.  These include records 
  8.19  management, activities relating to the government Data Practices 
  8.20  Act, operation of MNet the state information infrastructure, and 
  8.21  activities necessary to make state information systems year 2000 
  8.22  compliant.  
  8.23     Sec. 9.  Minnesota Statutes 1997 Supplement, section 
  8.24  16B.465, is amended to read: 
  8.25     16B.465 [MINNESOTA NETWORK FOR TELECOMMUNICATIONS 
  8.26  ("MNET") STATE INFORMATION INFRASTRUCTURE.] 
  8.27     Subdivision 1.  [CREATION.] The Minnesota network for 
  8.28  telecommunications, known as "MNet," state information 
  8.29  infrastructure provides voice, data, video, and other 
  8.30  telecommunications transmission services to state agencies; 
  8.31  educational institutions, including public schools as defined in 
  8.32  section 120.05, nonpublic, church or religious organization 
  8.33  schools that provide instruction in compliance with sections 
  8.34  120.101 to 120.102, and private colleges; public corporations; 
  8.35  and state political subdivisions.  It is not a telephone company 
  8.36  for purposes of chapter 237.  It shall not resell or sublease 
  9.1   any services or facilities to nonpublic entities except it may 
  9.2   serve private schools and colleges.  The commissioner has the 
  9.3   responsibility for planning, development, and operations of MNet 
  9.4   the state information infrastructure in order to provide 
  9.5   cost-effective telecommunications transmission services to MNet 
  9.6   state information infrastructure users. 
  9.7      Subd. 2.  [ADVISORY COUNCIL.] MNet is managed by the 
  9.8   commissioner.  Subject to section 15.059, subdivisions 1 to 4, 
  9.9   the commissioner shall appoint an advisory council to provide 
  9.10  advice in implementing and operating MNet.  The council shall 
  9.11  represent the users of MNet services and shall include 
  9.12  representatives of higher education, public and private schools, 
  9.13  state agencies, and political subdivisions. 
  9.14     Subd. 3.  [DUTIES.] The commissioner, after consultation 
  9.15  with the office of technology, shall: 
  9.16     (1) provide voice, data, video, and other 
  9.17  telecommunications transmission services to the state and to 
  9.18  political subdivisions through an account in the 
  9.19  intertechnologies revolving fund; 
  9.20     (2) manage vendor relationships, network function, and 
  9.21  capacity planning in order to be responsive to the needs of the 
  9.22  system state information infrastructure users; 
  9.23     (3) set rates and fees for services; 
  9.24     (4) approve contracts relating to the system; 
  9.25     (5) in consultation with the office of technology, develop 
  9.26  the system plan, including plans for the phasing of its 
  9.27  implementation and maintenance of the initial system, and the 
  9.28  annual program and fiscal plans for the system; and 
  9.29     (6) in consultation with the office of technology, develop 
  9.30  a plan for interconnection of the network with private colleges 
  9.31  and public and private schools in the state. 
  9.32     Subd. 4.  [PROGRAM PARTICIPATION.] (a) The commissioner may 
  9.33  require the participation of state agencies, the state board of 
  9.34  education, and the board of trustees of the Minnesota state 
  9.35  colleges and universities and may request the participation of 
  9.36  the board of regents of the University of Minnesota, in the 
 10.1   planning and implementation of the network to provide 
 10.2   interconnective technologies.  The commissioner shall establish 
 10.3   reimbursement rates in cooperation with the commissioner of 
 10.4   finance to be billed to participating agencies and educational 
 10.5   institutions sufficient to cover the operating, maintenance, and 
 10.6   administrative costs of the system. 
 10.7      (b) A direct appropriation made to an educational 
 10.8   institution for usage costs associated with MNet the state 
 10.9   information infrastructure must only be used by the educational 
 10.10  institution for payment of usage costs of the network as billed 
 10.11  by the commissioner of administration.  
 10.12     Subd. 6.  [APPROPRIATION.] Money appropriated for MNet the 
 10.13  state information infrastructure and fees for telecommunications 
 10.14  services must be deposited in an account in the 
 10.15  intertechnologies fund.  Money in the account is appropriated 
 10.16  annually to the commissioner to operate telecommunications 
 10.17  services. 
 10.18     Subd. 7.  [EXEMPTION.] The system is exempt from the 
 10.19  five-year limitation on contracts set by section 16B.07, 
 10.20  subdivision 2. 
 10.21     Sec. 10.  Minnesota Statutes 1996, section 16B.58, 
 10.22  subdivision 1, is amended to read: 
 10.23     Subdivision 1.  [POWERS AND DUTIES OF THE COMMISSIONER.] No 
 10.24  person may park a motor vehicle, either privately or publicly 
 10.25  owned, upon any parking lot or facility owned or operated by the 
 10.26  state except as authorized by this section.  The commissioner 
 10.27  shall operate and supervise all state parking lots and 
 10.28  facilities associated with buildings described in section 
 10.29  16B.24, subdivision 1, or when the commissioner considers it 
 10.30  advisable and practicable, any other parking lots or facilities 
 10.31  owned or rented by the state for the use of a state agency or 
 10.32  state employees.  The commissioner may also provide employee 
 10.33  shuttle service and promote alternative transportation modes, 
 10.34  including initiatives to increase the number of multi-occupancy 
 10.35  vehicles.  The commissioner may fix and collect rents, charges, 
 10.36  or fees in connection with and for the use of any state parking 
 11.1   lot or facility within the cities of St. Paul and Minneapolis 
 11.2   except for any state lot or facility the control of which is 
 11.3   vested by law in a state agency other than the department of 
 11.4   administration. 
 11.5      Sec. 11.  Minnesota Statutes 1996, section 16B.65, 
 11.6   subdivision 1, is amended to read: 
 11.7      Subdivision 1.  [APPOINTMENTS.] The governing body of each 
 11.8   municipality shall, unless other means are already provided, 
 11.9   appoint a building official to administer the code.  Two or more 
 11.10  municipalities may combine in the appointment of a single 
 11.11  building official for the purpose of administering the 
 11.12  provisions of the code within their communities.  In those 
 11.13  municipalities for which no building officials have been 
 11.14  appointed, the state building inspector official, with the 
 11.15  approval of the commissioner, may appoint building officials to 
 11.16  serve until the municipalities have made an appointment.  If 
 11.17  unable to make an appointment, the state building inspector 
 11.18  official may use whichever state employees or state agencies are 
 11.19  necessary to perform the duties of the building official.  All 
 11.20  costs incurred by virtue of an appointment by the state building 
 11.21  inspector official or services rendered by state employees must 
 11.22  be borne by the involved municipality.  Receipts arising from 
 11.23  the appointment must be paid into the state treasury and 
 11.24  credited to the general special revenue fund.  
 11.25     Sec. 12.  Minnesota Statutes 1996, section 16B.65, 
 11.26  subdivision 6, is amended to read: 
 11.27     Subd. 6.  [VACANCIES.] In the event that a certified 
 11.28  building official vacates that position within a municipality, 
 11.29  that municipality shall appoint a certified building official to 
 11.30  fill the vacancy as soon as possible.  If the municipality fails 
 11.31  to appoint a certified building official within 90 days of the 
 11.32  occurrence of the vacancy, the state building inspector official 
 11.33  may make the appointment or provide state employees to serve 
 11.34  that function as provided in subdivision 1.  
 11.35     Sec. 13.  Minnesota Statutes 1997 Supplement, section 
 11.36  16B.72, is amended to read: 
 12.1      16B.72 [REFERENDA ON STATE BUILDING CODE IN NONMETROPOLITAN 
 12.2   COUNTIES.] 
 12.3      Notwithstanding any other provision of law to the contrary, 
 12.4   a county that is not a metropolitan county as defined by section 
 12.5   473.121, subdivision 4, may provide, by a vote of the majority 
 12.6   of its electors residing outside of municipalities that have 
 12.7   adopted the state building code before January 1, 1977, that no 
 12.8   part of the state building code except the building requirements 
 12.9   for handicapped persons and the requirements for elevator safety 
 12.10  applies within its jurisdiction.  
 12.11     The county board may submit to the voters at a regular or 
 12.12  special election the question of adopting the building code.  
 12.13  The county board shall submit the question to the voters if it 
 12.14  receives a petition for the question signed by a number of 
 12.15  voters equal to at least five percent of those voting in the 
 12.16  last general election.  The question on the ballot must be 
 12.17  stated substantially as follows:  
 12.18     "Shall the state building code be adopted in .......... 
 12.19  County?"  
 12.20     If the majority of the votes cast on the proposition is in 
 12.21  the negative, the state building code does not apply in the 
 12.22  subject county, outside home rule charter or statutory cities or 
 12.23  towns that adopted the building code before January 1, 1977, 
 12.24  except the building requirements for handicapped persons and the 
 12.25  requirements for elevator safety do apply.  
 12.26     Nothing in this section precludes a municipality or town 
 12.27  that did has not adopt adopted the state building code before 
 12.28  January 1, 1977, from adopting and enforcing by ordinance or 
 12.29  other legal means the state building code within its 
 12.30  jurisdiction.  
 12.31     Sec. 14.  [16B.735] [ENFORCEMENT OF REQUIREMENTS FOR 
 12.32  HANDICAPPED PERSONS.] 
 12.33     A statutory or home rule charter city that is not covered 
 12.34  by the state building code because of action taken under section 
 12.35  16B.72 or 16B.73 is responsible for enforcement in the city of 
 12.36  the state building code's requirements for handicapped persons.  
 13.1   In all other areas where the state building code does not apply 
 13.2   because of action taken under section 16B.72 or 16B.73, the 
 13.3   county is responsible for enforcement of those requirements. 
 13.4      Sec. 15.  Minnesota Statutes 1997 Supplement, section 
 13.5   16E.03, subdivision 1, is amended to read: 
 13.6      Subdivision 1.  [DEFINITIONS.] For the purposes of sections 
 13.7   16E.03 to 16E.05, the following terms have the meanings given 
 13.8   them. 
 13.9      (a) "Information and communications technology activity" 
 13.10  means the development or acquisition of information and 
 13.11  communications technology devices and systems, but does not 
 13.12  include MNet the state information infrastructure or its 
 13.13  contractors. 
 13.14     (b) "Data processing device or system" means equipment or 
 13.15  computer programs, including computer hardware, firmware, 
 13.16  software, and communication protocols, used in connection with 
 13.17  the processing of information through electronic data processing 
 13.18  means, and includes data communication devices used in 
 13.19  connection with computer facilities for the transmission of data.
 13.20     (c) "State agency" means an agency in the executive branch 
 13.21  of state government and includes the Minnesota higher education 
 13.22  services office. 
 13.23     Sec. 16.  Minnesota Statutes 1997 Supplement, section 
 13.24  16E.13, subdivision 3, is amended to read: 
 13.25     Subd. 3.  [ASSISTANCE AND FUNDING; GENERAL PRINCIPLES.] 
 13.26  Community technical assistance and development seed funding for 
 13.27  aggregation of demand and community IT planning provided through 
 13.28  the IT community resource development initiative is contingent 
 13.29  upon the following general principles: 
 13.30     (1) that communities and regions show evidence of, or 
 13.31  intent to do, cooperative funding and planning between sectors 
 13.32  including, but not limited to, private sector providers, public 
 13.33  sector technology investments such as MNet the state information 
 13.34  infrastructure, library systems, health care providers, 
 13.35  businesses, schools and other educational institutions, and the 
 13.36  nonprofit sector; and 
 14.1      (2) that communities and regions agree to form local and 
 14.2   regional IT coordination committees or modify similar, existing 
 14.3   committees to be more inclusive of other sectors and undertake 
 14.4   comprehensive planning across those sectors to leverage public 
 14.5   and private IT investment to the maximum benefit of all citizens.
 14.6      Sec. 17.  Minnesota Statutes 1996, section 124C.74, 
 14.7   subdivision 2, is amended to read: 
 14.8      Subd. 2.  [SCHOOL DISTRICT TELECOMMUNICATIONS GRANT.] (a) A 
 14.9   school district may apply for a grant under this subdivision 
 14.10  to:  (1) establish connections among school districts, and 
 14.11  between school districts and the MNet statewide 
 14.12  telecommunications network state information infrastructure 
 14.13  administered by the department of administration under section 
 14.14  16B.465; or (2) if such a connection meeting minimum electronic 
 14.15  connectivity standards is already established, enhance 
 14.16  telecommunications capacity for a school district.  The minimum 
 14.17  standards of capacity are a 56 kilobyte data line and 768 
 14.18  kilobyte ITV connection, subject to change based on the 
 14.19  recommendations by the Minnesota education telecommunications 
 14.20  council.  A district may submit a grant application for 
 14.21  interactive television with higher capacity connections in order 
 14.22  to maintain multiple simultaneous connections.  To ensure 
 14.23  coordination among school districts, a school district must 
 14.24  submit its grant application to the council through an 
 14.25  organization that coordinates the applications and connections 
 14.26  of at least ten school districts or through an existing 
 14.27  technology cooperative.  
 14.28     (b) The application must, at a minimum, contain information 
 14.29  to document for each applicant school district the following: 
 14.30     (1) that the proposed connection meets the minimum 
 14.31  standards and employs an open network architecture that will 
 14.32  ensure interconnectivity and interoperability with other 
 14.33  education institutions and libraries; 
 14.34     (2) that the proposed connection and system will be 
 14.35  connected to MNet the state information infrastructure through 
 14.36  the department of administration under section 16B.465 and that 
 15.1   a network service and management agreement is in place; 
 15.2      (3) that the proposed connection and system will be 
 15.3   connected to the higher education telecommunication network and 
 15.4   that a governance agreement has been adopted which includes 
 15.5   agreements between the school district system, a higher 
 15.6   education regional council, libraries, and coordinating 
 15.7   entities; 
 15.8      (4) the telecommunication vendor, which may be MNet, 
 15.9   selected to provide service from the district to an MNet a state 
 15.10  information infrastructure hub or to a more cost-effective 
 15.11  connection point to MNet the state information infrastructure; 
 15.12  and 
 15.13     (5) other information, as determined by the commissioner in 
 15.14  consultation with the education telecommunications council, to 
 15.15  ensure that connections are coordinated, meet state standards 
 15.16  and are cost-effective, and that service is provided in an 
 15.17  efficient and cost-effective manner. 
 15.18     (c) A grant applicant shall obtain a grant proposal for 
 15.19  network services from MNet.  If MNet is not selected as the 
 15.20  vendor, the application must provide the reasons for choosing an 
 15.21  alternative vendor.  A school district may include, in its grant 
 15.22  application, telecommunications access for collaboration with 
 15.23  nonprofit arts organizations for the purpose of educational 
 15.24  programs, or access for a secondary media center that:  (1) is a 
 15.25  member of a multitype library system; (2) is open during periods 
 15.26  of the year when classroom instruction is occurring; and (3) has 
 15.27  licensed school media staff on site. 
 15.28     (d) The Minnesota education telecommunications council 
 15.29  shall award grants and the funds shall be dispersed by the 
 15.30  commissioner.  The highest priority for these grants shall be to 
 15.31  bring school districts up to the minimum connectivity standards. 
 15.32  A grant to enhance telecommunications capacity beyond the 
 15.33  minimum connectivity standards shall be no more than 75 percent 
 15.34  of the maximum grant under this subdivision.  Grant applications 
 15.35  for minimum connection and enhanced telecommunications capacity 
 15.36  grants must be submitted to the commissioner by a coordinating 
 16.1   organization including, but not limited to, service cooperatives 
 16.2   and education districts.  For the purposes of the grant, a 
 16.3   school district may include a charter school under section 
 16.4   120.064, or the Faribault academies.  Based on the award made by 
 16.5   the council, all grants under this subdivision shall be paid by 
 16.6   the commissioner directly to a school district (unless this 
 16.7   application requests that the funds be paid to the coordinating 
 16.8   agency).  Nonpublic schools as defined in section 237.065, 
 16.9   subdivision 2, located within the district may access the 
 16.10  network.  The nonpublic school is responsible for actual costs 
 16.11  for connection from the school to the access site. 
 16.12     (e) Money awarded under this section may be used only for 
 16.13  the purposes explicitly stated in the grant application. 
 16.14     Sec. 18.  Minnesota Statutes 1996, section 124C.74, 
 16.15  subdivision 3, is amended to read: 
 16.16     Subd. 3.  [REGIONAL LIBRARY TELECOMMUNICATION GRANT.] (a) A 
 16.17  regional public library system may apply for a telecommunication 
 16.18  access grant.  The grant must be used to create or expand the 
 16.19  capacity of electronic data access and connect the library 
 16.20  system with the MNet statewide telecommunications network state 
 16.21  information infrastructure administered by the department of 
 16.22  administration under section 16B.465.  Connections must meet 
 16.23  minimum system standards of a 56 kilobyte data line and 768 
 16.24  kilobyte ITV connection.  To be eligible for a 
 16.25  telecommunications access grant, a regional public library 
 16.26  system must:  (1) meet the level of local support required under 
 16.27  section 134.34; and (2) be open at least 20 hours per week. 
 16.28     (b) Any grant award under this subdivision may not be used 
 16.29  to substitute for any existing local funds allocated to provide 
 16.30  electronic access, or equipment for library staff or the public, 
 16.31  or local funds previously dedicated to other library operations. 
 16.32     (c) An application for a regional public library 
 16.33  telecommunications access grant must, at a minimum, contain 
 16.34  information to document the following: 
 16.35     (1) that the connection meets the minimum standards and 
 16.36  employs an open network architecture that will ensure 
 17.1   interconnectivity and interoperability with other libraries and 
 17.2   the educational system; 
 17.3      (2) that the connection is being established through the 
 17.4   most cost-effective means and that the public library has 
 17.5   explored and coordinated connections through school districts or 
 17.6   other governmental agencies; 
 17.7      (3) that the proposed connection and system will be 
 17.8   connected to MNet the state information infrastructure through 
 17.9   the department of administration under section 16B.465 and that 
 17.10  a network service and management agreement is in place; 
 17.11     (4) that the proposed connection and system will be 
 17.12  connected to the higher education and to the school district 
 17.13  telecommunication networks subject to a governance agreement 
 17.14  with one or more school districts and a higher education 
 17.15  regional council specifying how the system will be coordinated; 
 17.16     (5) the telecommunication vendor, which may be MNet, 
 17.17  selected to provide service from the library to an MNet a state 
 17.18  information infrastructure hub or through a more cost-effective 
 17.19  connection point to MNet the state information infrastructure; 
 17.20  and 
 17.21     (6) other information, as determined by the commissioner, 
 17.22  to ensure that connections are coordinated, meet state 
 17.23  standards, are cost-effective, and that service is provided in 
 17.24  an efficient and cost-effective manner so that libraries 
 17.25  throughout the state are connected in as seamless a manner as 
 17.26  technically possible. 
 17.27     (d) A grant applicant shall obtain a grant proposal for 
 17.28  network services from MNet.  If MNet is not selected as the 
 17.29  vendor, the application must provide the reasons for choosing an 
 17.30  alternative vendor. 
 17.31     Sec. 19.  Minnesota Statutes 1997 Supplement, section 
 17.32  221.173, is amended to read: 
 17.33     221.173 [ELECTRONIC SIGNATURES.] 
 17.34     (a) The commissioner may accept in lieu of a required 
 17.35  document completed on paper, an electronically transmitted 
 17.36  document authenticated by an electronic signature.  
 18.1      (b) The commissioner shall consult with the commissioner of 
 18.2   administration office of technology, who which shall provide 
 18.3   advice and assistance in establishing criteria and standards for 
 18.4   authentication of electronic signatures and establishing to a 
 18.5   reasonable certainty the validity, security, and linkage of a 
 18.6   specific, unaltered, electronically transmitted document, its 
 18.7   unforged signature, and its authorized signer.  
 18.8      (c) The commissioner may determine the technology or system 
 18.9   to be used, which may include a private key/public key system, 
 18.10  an encrypted or cryptology-based system, a pen-based, on-screen 
 18.11  signature system that captures and verifies an autograph and 
 18.12  links it to a specific document, or other system or technology 
 18.13  or combination of systems.  
 18.14     (d) To the extent consistent with this section, laws and 
 18.15  rules pertaining to paper-based documents also pertain to 
 18.16  electronically transmitted documents. 
 18.17     Sec. 20.  Laws 1995, First Special Session chapter 3, 
 18.18  article 12, section 7, subdivision 1, as amended by Laws 1997, 
 18.19  First Special Session chapter 4, article 9, section 2, is 
 18.20  amended to read: 
 18.21     Subdivision 1.  [STATE COUNCIL MEMBERSHIP.] The membership 
 18.22  of the Minnesota education telecommunications council 
 18.23  established in Laws 1993, First Special Session chapter 2, is 
 18.24  expanded to include representatives of elementary and secondary 
 18.25  education.  The membership shall consist of three 
 18.26  representatives from the University of Minnesota; three 
 18.27  representatives of the board of trustees for Minnesota state 
 18.28  colleges and universities; one representative of the higher 
 18.29  education services offices; one representative appointed by the 
 18.30  private college council; one representative selected by the 
 18.31  commissioner of administration; eight representatives selected 
 18.32  by the commissioner of children, families, and learning, at 
 18.33  least one of which must come from each of the six higher 
 18.34  education telecommunication regions; a representative from 
 18.35  the information policy office office of technology; two members 
 18.36  each from the senate and the house of representatives selected 
 19.1   by the subcommittee on committees of the committee on rules and 
 19.2   administration of the senate and the speaker of the house, one 
 19.3   member from each body must be a member of the minority party; 
 19.4   and three representatives of libraries, one representing 
 19.5   regional public libraries, one representing multitype libraries, 
 19.6   and one representing community libraries, selected by the 
 19.7   governor.  The council shall: 
 19.8      (1) develop a statewide vision and plans for the use of 
 19.9   distance learning technologies and provide leadership in 
 19.10  implementing the use of such technologies; 
 19.11     (2) recommend to the commissioner and the legislature by 
 19.12  December 15, 1996, a plan for long-term governance and a 
 19.13  proposed structure for statewide and regional 
 19.14  telecommunications; 
 19.15     (3) recommend educational policy relating to 
 19.16  telecommunications; 
 19.17     (4) determine priorities for use; 
 19.18     (5) oversee coordination of networks for post-secondary 
 19.19  campuses, K-12 education, and regional and community libraries; 
 19.20     (6) review application for telecommunications access grants 
 19.21  under Minnesota Statutes, section 124C.74 and recommend to the 
 19.22  department grants for funding; 
 19.23     (7) determine priorities for grant funding proposals; and 
 19.24     (8) work with the information policy office to ensure 
 19.25  consistency of the operation of the learning network with 
 19.26  standards of an open system architecture. 
 19.27     The council shall consult with representatives of the 
 19.28  telecommunication industry in implementing this section.  
 19.29     Sec. 21.  Laws 1997, chapter 202, article 1, section 12, 
 19.30  subdivision 4, is amended to read: 
 19.31  Subd. 4.  Fiscal Agent
 19.32       1,060,000         160,000 
 19.33  (a) Children's Museum 
 19.34         160,000         160,000
 19.35  This appropriation is for a grant to 
 19.36  the Minnesota Children's Museum. 
 20.1   (b) Voyageur Center 
 20.2   $250,000 the first year is for a grant 
 20.3   to the city of International Falls for 
 20.4   the predesign and design of an 
 20.5   interpretive library and conference 
 20.6   center.  The center shall provide 
 20.7   educational opportunities and enhance 
 20.8   tourism by presenting information and 
 20.9   displays that preserve and interpret 
 20.10  the history of the voyageurs and 
 20.11  animals involved with the voyageurs, 
 20.12  emphasizing the importance of the fur 
 20.13  trade to the history and development of 
 20.14  the region and the state.  The center 
 20.15  shall include conference facilities.  
 20.16  The center shall be located in the city 
 20.17  of International Falls.  The city may 
 20.18  enter into a lease or management 
 20.19  contract with a nonprofit entity for 
 20.20  operation of the center.  In developing 
 20.21  plans for the facility, the 
 20.22  commissioner city must consult with the 
 20.23  small business development center 
 20.24  located at Rainy River Community 
 20.25  College. 
 20.26  (c) Hockey Hall of Fame 
 20.27  $200,000 the first year is for a grant 
 20.28  to the hockey hall of fame in Eveleth 
 20.29  for capital improvements and building 
 20.30  and grounds maintenance.  Any money not 
 20.31  spent the first year is available the 
 20.32  second year. 
 20.33  (d) American Bald Eagle Center
 20.34  $450,000 the first year is for a grant 
 20.35  to the city of Wabasha to acquire and 
 20.36  prepare a site for and to predesign and 
 20.37  design the American Bald Eagle Center, 
 20.38  to be available until June 30, 1999. 
 20.39     Sec. 22.  [EFFECTIVE DATE.] 
 20.40     Sections 1, 19, 20, and 21 are effective on the day 
 20.41  following final enactment.