Office of the Revisor of Statutes
Minnesota Session Laws - 1983, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1983
CHAPTER 289--H.F.No. 300
An act relating to the operation of state government;
reorganizing the department of commerce; providing for
appointment of a commissioner of commerce; prescribing
his powers and duties; transferring certain powers and
duties from the commissioners of administration,
banks, insurance, securities and real estate, and the
director of the office of consumer services, to the
commissioner of commerce; transferring certain powers
and duties from the chairman of the commerce
commission to the commissioner of commerce;
transferring certain powers and duties from the
director of the office of consumer services to the
commissioner of commerce and the attorney general;
eliminating certain positions and divisions in the
department of commerce; transferring certain rural
credit records from the commissioner of banks to the
commissioner of natural resources; creating an office
of debt management in the department of finance;
reorganizing the department of energy, planning and
development; creating a state planning agency, a
department of energy and economic development, and an
office of tourism; renaming the small business finance
agency the energy and economic development authority;
creating an information office and an export financing
authority; naming the energy and economic development
authority assignee of community development
corporations; creating energy financing programs;
creating an energy intervention office in the
department of public service; transferring
responsibilities for trade and export development from
the commissioner of energy, planning and development
to the commissioner of agriculture; transferring the
functions of the environmental quality board under the
Environmental Procedures Act to the commissioner of
energy and economic development and the bureau of
business licenses; transferring the function of
issuing certificates of need for large energy
facilities from the department of energy, planning and
development to the public utilities commission;
appropriating money; amending Minnesota Statutes 1982,
sections 15.039; 15.06, subdivisions 1 and 8; 15A.081,
subdivision 1; 43A.08, subdivision 1a; 45.04; 45.05;
45.06; 45.07; 45.071, subdivision 2; 45.08,
subdivision 3, and by adding a subdivision; 45.16,
subdivisions 1 and 2; 45.17, subdivisions 1, 2, 3, 4,
5, 7, and by adding a subdivision; 46.22; 46.221;
116C.24, subdivision 3, and by adding a subdivision;
116C.25; 116C.32; 116C.33, subdivision 2; 116C.34;
116J.01, subdivisions 1, 2, and 3; 116J.03; 116J.09;
116J.10; 116J.28; 116J.31; 116J.42, subdivisions 1, 2,
4, 7, and 9; 116J.58, subdivision 1; 116J.60; 116J.61;
116J.65, subdivision 5, and by adding subdivisions;
116J.67, subdivision 1; 116J.88, subdivisions 2, 4, 5,
6, 7, 8, and by adding a subdivision; 116J.89,
subdivisions 1, 2, 7, 8, 9, 10, and by adding
subdivisions; 116J.90; 116J.91, subdivisions 1, 4, 9,
10, 11, 12, 14, 16, 19, and by adding a subdivision;
144A.53, subdivision 4; 155A.03, by adding a
subdivision; 155A.05; 155A.18; 214.14, subdivision 1;
216B.16, by adding a subdivision; 216B.62,
subdivisions 2 and 3; 299A.04; 325E.09, subdivision
4a; 325F.09; 325F.11; 472.03, subdivision 2; 472.13;
proposing new law coded in Minnesota Statutes,
chapters 16A, 17, 45, 116J, 216A, and 216B; proposing
new law coded as Minnesota Statutes, chapter 116K;
repealing Minnesota Statutes 1982, sections 45.01;
45.02; 45.021; 45.03; 45.031; 45.032; 45.033; 45.034;
45.15; 45.16, subdivisions 4 and 5; 45.17, subdivision
6; 116J.02; 116J.41; 116J.42, subdivisions 3, 5, and
6; 116J.46; 116J.47; 116J.62; 116J.88, subdivision 3;
155A.03, subdivision 10; and 155A.17.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1982, section 15.039, is
amended to read:
15.039 [EFFECT OF TRANSFER OF POWERS AMONG AGENCIES.]
Subdivision 1. [APPLICATION OF SECTION.] The provisions of
this section apply whenever the responsibilities of an agency
are transferred by law to another agency unless the act
directing the transfer provides otherwise. The term
"responsibilities" includes powers, duties, rights, obligations,
and other authority imposed by law on an agency. The term "new
agency" means the agency to which responsibilities have been
transferred from another agency.
Subd. 2. [IN GENERAL.] The new agency is a continuation of
the former agency as to those matters within the jurisdiction of
the former agency which that are transferred to the new agency.
Following a transfer the new agency shall carry out the assigned
responsibilities as though the responsibilities of the former
agency had not been transferred. No A transfer constitutes is
not a new authority for the purpose of succession to all
responsibilities of the former agency as constituted at the time
of the transfer.
Subd. 3. [RULES.] All rules adopted pursuant to
responsibilities which that are transferred to another agency
remain effective and shall be enforced until amended or repealed
in accordance with law by the new agency. Any rulemaking
authority which that existed to implement the responsibilities
which that are transferred is transferred to the new agency.
Subd. 4. [COURT ACTIONS.] Any proceeding, court action,
prosecution, or other business or matter which is pending on the
effective date of a transfer of responsibilities may be
conducted and completed by the new agency in the same manner
under the same terms and conditions, and with the same effect,
as though it involved or were commenced and conducted or
completed by the former agency prior to the transfer.
Subd. 5. [CONTRACTS; RECORDS.] The agency whose
responsibilities are transferred shall give all contracts,
books, maps, plans, papers, records, and property of every
description relating to the transferred responsibilities and
within its jurisdiction or control to the new agency. The new
agency shall accept the material presented. The transfer shall
be made in accordance with the directions of the new agency.
Subd. 6. [UNEXPENDED FUNDS.] All The unexpended funds
originally appropriated balance of any appropriation to an
agency for the purposes of any responsibilities which that are
transferred to another agency are reappropriated under the same
conditions as the original appropriation to the new agency
effective on the date of the transfer of responsibilities. If
the responsibilities are transferred to more than one agency,
the commissioner of finance shall allocate any unexpended
appropriation to the agencies affected. The new agencies shall
pay all valid claims presented against those appropriations.
Subd. 7. [PERSONNEL.] The All classified and unclassified
positions associated with the responsibilities being transferred
are abolished in transferred with their incumbents to the new
agency whose responsibilities are transferred. The approved
staff complement for that the agency whose responsibilities are
being transferred is decreased accordingly. The employees who
fill the abolished positions are employees of the agency
receiving the new responsibilities. The approved staff
complement for that the new agency is increased accordingly.
Personnel changes are effective on the date of transfer of
responsibilities. Nothing in this subdivision shall be
construed as abrogating or modifying any rights now enjoyed by
affected employees under the managerial or commissioner's plan
under section 43A.18 or the terms of an agreement between an
exclusive representative of public employees and the state or
one of its appointing authorities.
Sec. 2. Minnesota Statutes 1982, section 15.06,
subdivision 1, is amended to read:
Subdivision 1. [APPLICABILITY.] This section applies to
the following departments or agencies: the departments of
administration, agriculture, commerce, corrections, economic
development, economic security, education, employee relations,
energy and economic development, finance, health, human rights,
labor and industry, natural resources, personnel, public safety,
public welfare, revenue, transportation, and veterans affairs;
the banking, insurance and securities divisions and the consumer
services section of the department of commerce; the energy,
housing finance, state planning, and pollution control agencies;
the office of commissioner of iron range resources and
rehabilitation; the bureau of mediation services; and their
successor departments and agencies. The heads of the foregoing
departments or agencies are referred to in this section as
"commissioners."
Sec. 3. Minnesota Statutes 1982, section 15.06,
subdivision 8, is amended to read:
Subd. 8. [NUMBER OF DEPUTY COMMISSIONERS.] Unless
specifically authorized by statute, other than section 43A.08,
subdivision 2, no department or agency specified in subdivision
1 shall have more than one deputy commissioner. Notwithstanding
any other law to the contrary, none of the departments or
agencies shall have more than two deputy commissioners.
Sec. 4. Minnesota Statutes 1982, section 15A.081,
subdivision 1, is amended to read:
Subdivision 1. The following salaries or salary ranges are
provided for the below listed employees in the executive branch
of government:
Salary or Range
Effective Effective Effective
July 1, July 1, July 1,
1979 1980 1981
Administration,
department of
commissioner $44,000 $47,000
Administrative hearings
office
chief hearing
examiner 38,000 40,000
Agriculture,
department of
commissioner 38,000 40,000
Commerce,
department of
commissioner of $47,000
banks 34,000 36,500
commissioner of
insurance 34,000 36,500
commissioner of
securities and real estate 34,000 36,500
director of
consumer services 28,000 30,000
Community college
system
chancellor 44,000 46,000
Corrections,
department of
commissioner 42,000 45,000
ombudsman 33,000 35,000
Economic security,
department of
commissioner 43,000 45,000
Education,
department of
commissioner 43,000 45,000
Energy, planning and
development
department of
commissioner 46,000
Finance, department of
commissioner 48,000 50,000
Health, department of
commissioner 47,000 49,000
Higher education
coordinating board
executive director 40,000 42,000
Housing finance agency
executive director 39,000 41,000
Human rights,
department of
commissioner 31,000 33,000
Indian affairs board
executive director 27,000 29,000
Iron range resources
and rehabilitation
board
commissioner 30,000 31,000
Labor and industry,
department of
commissioner 38,000 40,000
judge of the
workers'
compensation
court of appeals 38,000 40,000
Mediation services,
bureau of
director 36,000 38,000
Natural resources,
department of
commissioner 44,000 47,000
Personnel,
department of
commissioner 44,000 47,000
Pollution control
agency
director 38,000 40,000
Public safety,
department of
commissioner 38,000 41,000
Public service,
department of
commissioner,
public utilities
commission 34,000 36,000
director 34,000 36,000
Public welfare,
department of
commissioner 44,000 48,000
Revenue,
department of
commissioner 44,000 47,000
State university
system
chancellor 44,000 46,000
Transportation,
department of
commissioner 44,000 48,000
Transportation,
regulation board,
board member 32,000
Veterans affairs,
department of
commissioner 31,000 33,000
Sec. 5. [16A.80] [OFFICE OF DEBT AND LOAN MANAGEMENT.]
Subdivision 1. [CREATION.] The office of debt and loan
management is created in the department of finance.
Administrative employees of the office shall have at least five
years of experience in commercial lending or a related field.
These employees shall receive compensation comparable to that
received by employees with similar backgrounds in the private
sector, but not greater than the commissioner or deputy
commissioner of finance.
Subd. 2. [DUTIES.] Notwithstanding any law to the
contrary, an agency of state government which is authorized (1)
to make, participate in, or guarantee loans to private sector
businesses, or (2) to invest directly or indirectly in a private
sector business shall submit each loan, loan participation, loan
guarantee, or investment proposal to the office of debt and loan
management before making a commitment to make the loan, loan
participation, loan guarantee, or investment. No loan, loan
participation, loan guarantee, or investment covered by this
section shall be made without the approval of the office of loan
management. This section does not apply to the housing finance
agency, the state board of investment, the iron range resources
and rehabilitation board, the higher education coordinating
board, the higher education facilities authority, or the energy
and economic development authority.
Subd. 3. [CRITERIA.] In deciding whether to approve
proposals submitted to it, the office of debt and loan
management shall consider the likelihood of the state suffering
financial loss as a result of the project, the magnitude of
potential losses, and the intent of the legislation authorizing
the loans, loan participation, loan guarantees, and investments.
Subd. 4. [DELEGATION.] The office of debt and loan
management may delegate its approval responsibilities under this
section to an agency which is authorized to make loans, loan
participation agreements, loan guarantees, or investments
involving private businesses if the office determines that the
agency has the internal capability to make the judgments
required by subdivision 3.
Sec. 6. [17.103] [TRADE AND EXPORT DEVELOPMENT.]
The commissioner of agriculture shall encourage and develop
commerce with other states and foreign countries and devise ways
and means of removing trade barriers hampering the free flow of
commerce between this and other states.
Sec. 7. [17.104] [DEFINITIONS.]
Subdivision 1. [SCOPE.] For the purposes of section 8, the
following terms have the meanings given them.
Subd. 2. [FINANCE AUTHORITY.] "Finance authority" means
the export finance authority.
Subd. 3. [PRE-EXPORT.] "Pre-export" means that period of
time between the formation of a sale and the actual shipment of
the goods.
Sec. 8. [17.105] [EXPORT FINANCE AUTHORITY.]
Subdivision 1. [CREATION; PURPOSE.] The export finance
authority is created to aid and facilitate the financing of
exports from this state. The finance authority powers shall be
used exclusively to meet the pre-export credit needs of
Minnesota exporters.
Subd. 2. [BOARD OF DIRECTORS.] The governor shall appoint
six members to the authority's board of directors. The six
members shall be knowledgeable in international finance,
exporting, or international law. The commissioner of
agriculture shall be chairman of the board. Membership, terms,
compensation and removals are governed by section 15.0575. Board
members shall perform their duties in a nonself-serving manner
and in compliance with section 10A.07.
Subd. 3. [POWERS.] The finance authority has the power and
authority to perform the following functions and may:
(1) insure, coinsure, and guarantee against commercial
pre-export credit risks;
(2) sue and be sued;
(3) enter into agreements and transactions with any person,
partnership, or corporation, both foreign and domestic, state,
federal, and foreign governments and governmental agencies;
(4) acquire and hold personal and real property pursuant to
the provisions of insurance and the granting of guarantees;
(5) pledge and appropriate collateral;
(6) charge premiums, interest, and fees;
(7) provide administrative, consultative, and technical
services to assist in the financing of exports;
(8) prepare and receive reports regarding credit,
insurance, and guarantees with respect to export finance;
(9) perform all necessary and appropriate operations,
administration, processing, and marketing functions related to
the authority's functions; and
(10) adopt rules necessary to carry out responsibilities
under this section.
Subd. 4. [WORKING CAPITAL ACCOUNT.] An export finance
authority working capital account is created as a special
account in the state treasury. Money in the account is
appropriated to the finance authority for the purposes of this
section.
Subd. 5. [ANNUAL REPORT.] The chairman and board of
directors shall submit to the governor an annual report on the
activities of the finance authority.
Subd. 6. [LIABILITY LIMITATION.] The finance authority may
not have at any one time net liabilities greater than four times
its capital and reserves.
Subd. 7. [INSURANCE AND GUARANTEES.] The finance authority
may provide insurance and guarantees to the following extent:
(1) the finance authority may not provide to any one person
insurance or guarantees in excess of $250,000;
(2) the policy of the finance authority is to provide
insurance and guarantees for export credits that would otherwise
not be made and that the chairman and the board deem to
represent a reasonable risk and have a sufficient likelihood of
repayment;
(3) the finance authority shall contract with, among
others, the Foreign Credit Insurance Association, the U.S.
Export-Import Bank, and private insurers to secure reinsurance
for country and commercial risks for the finance authority's
insurance program;
(4) losses incurred by the finance authority that relate to
its insurance or guarantee activities shall be solely borne by
the finance authority to the extent of its capital and reserves.
Subd. 8. [STAFFING.] The commissioner of agriculture shall
provide staff to work for the finance authority.
Sec. 9. [17.106] [EXPORT INFORMATION OFFICE.]
Subdivision 1. [CREATION; DIRECTOR.] An export information
office is created in the department of agriculture. The
commissioner of agriculture shall appoint a director of the
export information office in the unclassified service.
Subd. 2. [PURPOSE; DUTIES.] The export information office
shall:
(1) create a worldwide foreign communication network to
coordinate foreign trade information and activities;
(2) compile foreign trade information available from, among
other places, the United States Department of Commerce and
private sources, and produce readily consumable marketing
information;
(3) create a program to assess the potential of
international investment in Minnesota and promote international
investment which results in the infusion of new capital and the
creation of new jobs to the benefit of the state;
(4) disseminate to Minnesota businesses collected market
information that relates to potential exporting, and to export
trading companies, export management companies, and other
interested persons;
(5) prepare a list of firms that provide export support
services and disseminate the list to potential exporters to
assist their endeavors;
(6) assist public and private universities or colleges to
develop undergraduate or graduate level education programs to
train persons in the knowledge of export trading; and
(7) coordinate the current international trading activities
of various state and local agencies and organizations.
Sec. 10. Minnesota Statutes 1982, section 43A.08,
subdivision 1a, is amended to read:
Subd. 1a. [ADDITIONAL UNCLASSIFIED POSITIONS.] Appointing
authorities for the following agencies may designate additional
unclassified positions pursuant according to this subdivision:
the departments of administration; agriculture; commerce;
corrections; economic security; education; employee relations;
energy, planning and economic development; finance; health;
human rights; labor and industry; natural resources; public
safety; public service; public welfare; revenue; transportation;
and veterans affairs; the banking, securities and real estate,
insurance and consumer services divisions of the department of
commerce; the housing finance, state planning, and pollution
control agencies; the state board of investment; and the offices
of the secretary of state, state auditor, and state treasurer.
A position designated by an appointing authority pursuant
according to this subdivision must meet the following standards
and criteria:
(a) the designation of the position would not be contrary
to the provisions of other law relating specifically to that
agency;
(b) the person occupying the position would report directly
to the agency head or deputy agency head and would be designated
as part of the agency head's management team;
(c) the duties of the position would involve significant
discretion and substantial involvement in the development,
interpretation, and implementation of agency policy;
(d) the duties of the position would not require primarily
personnel, accounting, or other technical expertise where
continuity in the position would be important;
(e) there would be a need for the person occupying the
position to be accountable to, loyal to, and compatible with the
governor and the agency head, or the employing constitutional
officer;
(f) the position would be at the level of division or
bureau director or assistant to the agency head; and
(g) the commissioner has approved the designation as being
consistent with the standards and criteria in this subdivision.
Sec. 11. [45.011] [DEFINITIONS.]
Subdivision 1. [SCOPE.] As used in chapters 45 to 83,
unless the context indicates otherwise, the terms defined in
this section have the meanings given them.
Subd. 2. [COMMISSIONER.] "Commissioner" means the
commissioner of commerce.
Subd. 3. [DEPARTMENT.] "Department" means the department
of commerce.
Sec. 12. [45.012] [COMMISSIONER.]
The department of commerce is under the supervision and
control of the commissioner of commerce. The commissioner is
appointed by the governor in the manner provided by section
15.06.
Sec. 13. [45.013] [DEPUTY COMMISSIONERS; ASSISTANT
COMMISSIONERS; ASSISTANT TO THE COMMISSIONER.]
The commissioner of commerce may appoint four deputy
commissioners, four assistant commissioners, and an assistant to
the commissioner. Those positions, as well as that of a
confidential secretary, are unclassified. The commissioner may
appoint other employees necessary to carry out the duties and
responsibilities entrusted to the commissioner.
Sec. 14. [45.023] [RULES.]
The commissioner of commerce may adopt, amend, suspend, or
repeal rules, including temporary rules, in accordance with
chapter 14, and as otherwise provided by law, whenever necessary
or proper in discharging the commissioner's official
responsibilities.
Sec. 15. [45.024] [HEARINGS.]
Subdivision 1. [GENERAL.] In any case in which the
commissioner of commerce is required by law to conduct a
hearing, the hearing must be conducted in accordance with
chapter 14 and other applicable laws.
Subd. 2. [DELEGATION.] The commissioner of commerce may
delegate to one or more of the deputy commissioners the exercise
of the commissioner's statutory powers and duties, including the
authority to decide and issue final orders in contested cases,
rulemaking proceedings, and other hearings held under chapter 14.
Sec. 16. Minnesota Statutes 1982, section 45.04, is
amended to read:
45.04 [BANK APPLICATIONS.]
Subdivision 1. [FILING; FEE; HEARING.] The incorporators
of any a bank proposed to be organized under the laws of this
state shall execute and acknowledge an a written application, in
writing, in the form prescribed by the department commissioner
of commerce, and shall file the same it in its the
commissioner's office, which. The application shall must be
signed by two or more of the incorporators, requesting and
request a certificate authorizing the proposed bank to transact
business at the place and in the name stated in the
application. At the time of filing the application, the
applicant shall pay a $1,000 filing fee of $1,000, which shall
be paid into the state treasury and credited to the general fund
and shall pay to the commissioner of banks the sum of and a $500
as a investigation fee for investigating the application, which
shall be turned over by him the commissioner to the state
treasurer and credited by the treasurer to the general fund of
the state. Thereupon the commission commissioner shall fix a
time, within 60 days after the filing of the application, for a
hearing at its office at the state capitol, at which hearing it
shall to decide whether or not the application shall will be
granted. A notice of the hearing shall must be published in the
form prescribed by the commission commissioner in some newspaper
published in the municipality in which the proposed bank is to
be located, and if there be no such newspaper, then at the
county seat of the county in which the bank is proposed to be
located. The notice shall must be published once, at the
expense of the applicants, not less than 30 days prior to the
date of the hearing. At the hearing the commission commissioner
shall consider the application and hear the applicants and such
witnesses as may that appear in favor of or against the granting
of the application of the proposed bank.
Subd. 2. [APPROVAL, DISAPPROVAL.] If, upon the hearing, it
shall appear appears to the commission commissioner that the
application should be granted, it he shall, not later than 90
days after the hearing, and after the applicants have otherwise
complied with the provisions of law applicable to the
organization of a bank, including the provisions herein
contained, make and file in the his office of the commissioner
of banks its a written order, in writing, directing him to issue
the issuance of a certificate of authorization as provided by
law. If the certificate of authorization is not activated
within a period of 12 months from date of directive to the
commissioner of banks issuance, the department of commerce
commissioner may upon written notice in writing to the
applicants request a new hearing. If the commission shall
decide commissioner decides that the application should not be
granted, it he shall deny the application and make its a written
order, in writing, to that effect, and file the same it in the
his office of the commissioner of banks, and forthwith give
notice thereof by certified mail to one of the incorporators
named in the application for the proposed bank, addressed to the
incorporator at the address stated in the application, and.
Thereupon the commissioner of banks shall refuse to issue the
certificate of authorization, which is prescribed by law, to the
proposed bank.
Sec. 17. Minnesota Statutes 1982, section 45.05, is
amended to read:
45.05 [NOTICE AND HEARING, WHEN NOT GIVEN.]
The department commissioner of commerce may, at its his
discretion, dispense with the notice and hearing provided for by
section 45.04 in cases where if application is made for the
incorporation of a new bank to take over the assets of one or
more existing banks, or where if the application contemplates
the reorganization of a national bank into a state bank in the
same locality; provided, this act shall not increase the number
of banks in the community affected.
Sec. 18. Minnesota Statutes 1982, section 45.06, is
amended to read:
45.06 [EXPENSES OF ORGANIZATION AND INCORPORATION OF BANKS
LIMITED.]
The expenses of organization and incorporation to be paid
by any such banks shall a bank may not exceed the statutory fees
for filing applications as provided in section 45.04 and the
necessary legal expenses incurred incident to drawing articles
of incorporation, publication, and recording thereof, and. The
incorporators shall, prior to the issuance of the certificate of
authorization provided for by law, file with the commissioner of
banks a verified statement showing the total amount of expense
incurred in the organization of the bank and to be paid by it
after commencing operation.
Sec. 19. Minnesota Statutes 1982, section 45.07, is
amended to read:
45.07 [CHARTERS ISSUED, CONDITIONS.]
If the applicants are of good moral character and financial
integrity, if there is a reasonable public demand for this bank
in this location, if the organization expenses being paid by the
subscribing shareholders do not exceed the necessary legal
expenses incurred in drawing incorporation papers and the
publication and the recording thereof, as required by law, if
the probable volume of business in this location is sufficient
to insure and maintain the solvency of the new bank and the
solvency of the then existing bank or banks in the locality
without endangering the safety of any bank in the locality as a
place of deposit of public and private money, and if the
department commissioner of commerce is satisfied that the
proposed bank will be properly and safely managed, the
application shall must be granted; otherwise it shall must be
denied. In case of the denial of the application, the
department commissioner of commerce shall specify the grounds
for the denial and the supreme court, upon petition of any a
person aggrieved, may review by certiorari any such order or the
determination of the department of commerce.
Sec. 20. Minnesota Statutes 1982, section 45.071,
subdivision 2, is amended to read:
Subd. 2. [APPLICATION FOR INSURANCE; UNINSURED BANKS.]
Notwithstanding the provisions of subdivision 1, a bank which
does not have insurance of its deposits or a commitment for
insurance of its deposits by the federal deposit insurance
corporation, an agency of this state, or a federal agency
established for the purpose of insuring deposits in banks or
collateral security deposited under section 48.74 upon the
effective date of Laws 1982, chapter 473, sections 1 to 29 on
March 19, 1982, must apply for insurance of deposits not later
than July 1, 1983. A bank subject to this subdivision which has
been denied a commitment for insurance of its deposits shall
either dissolve, merge, or consolidate with another bank which
is insured or apply in writing within 30 days of denial to the
commissioner of banks commerce for additional time to obtain an
insurance commitment. The commissioner of banks shall grant
additional time to obtain the insurance commitment upon
satisfactory evidence that the bank has made or is making a
substantial effort to achieve the conditions precedent to
issuance of the commitment. Additional time shall not extend
later than July 1, 1984.
Sec. 21. Minnesota Statutes 1982, section 45.08,
subdivision 3, is amended to read:
Subd. 3. [DEPARTMENT.] The word "Department" means the
department of commerce of the state of Minnesota.
Sec. 22. Minnesota Statutes 1982, section 45.08, is
amended by adding a subdivision to read:
Subd. 4. [COMMISSIONER.] "Commissioner" means the
commissioner of commerce.
Sec. 23. Minnesota Statutes 1982, section 45.16,
subdivision 1, is amended to read:
45.16 [CONSUMER SERVICES SECTION, RESPONSIBILITIES AND
DUTIES AFFAIRS.]
Subdivision 1. [GENERALLY.] The section of consumer
services shall have attorney general has the responsibilities
and duties prescribed by this section and section 45.17 and such
other authority as may be conferred by the commissioner of
commerce.
Sec. 24. Minnesota Statutes 1982, section 45.16,
subdivision 2, is amended to read:
Subd. 2. [DUTIES.] The attorney general shall:
(a) Act as the representative of the governor in all
matters affecting consumer affairs;
(b) enforce the provisions of law relating to consumer
fraud and unlawful practices in connection therewith as set
forth in sections 325F.68 and 325F.69, and the attorney general
shall act for the division in pursuing the remedies set forth in
section 325F.70;
(c) (b) make recommendations to the chairman of the
commerce commission for transmission to the governor and the
legislature for such statutory needs as may that exist in
adequately protecting the consumer;
(d) Receive registration statements and annual reports of
persons soliciting charitable funds in accordance with the
requirements of sections 309.50 to 309.61, in lieu of the duties
of the secretary of state in connection therewith. The duties
of the secretary of state under such sections are hereby
abolished and the activity assigned to the department of
commerce, division of licensing and consumer services as
provided herein; adopt, pursuant to the administrative
procedures act, rules and regulations to implement the
provisions of this section.
Sec. 25. Minnesota Statutes 1982, section 45.17,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purposes of this
section, the following terms defined in this subdivision shall
apply have the meanings given them:
(1) "Public utility" means a publicly or privately owned
entity engaged in supplying utility services to residential
utility consumers in this state or to another public utility for
ultimate distribution to residential utility consumers in this
state and whose rates or charges are subject to approval by the
public utilities commission or any an agency of the federal
government provided that. No municipal or cooperative utility
shall be considered a "public utility" for the purposes of this
clause.
(2) "Consumer services section" means the consumer services
section of the department of commerce.
(3) "Residential utility consumer" or "consumer" means a
person who uses utility services at his residence in this state
and who is billed by or pays a public utility for these services.
(4) (3) "Utility services" means electricity, natural gas,
or telephone services distributed to residential utility
consumers by a public utility.
Sec. 26. Minnesota Statutes 1982, section 45.17,
subdivision 2, is amended to read:
Subd. 2. [DUTIES.] The consumer services section shall be
attorney general is responsible for representing and furthering
the interests of residential utility consumers through
participation in matters before the public utilities commission
involving utility rates and adequacy of utility services to
residential utility consumers. The consumer services section
attorney general shall expend a reasonable portion of its his
efforts among all three kinds of utility services and shall
identify and promote the needs of each class of residential
consumers with respect to each of the utility services.
Sec. 27. Minnesota Statutes 1982, section 45.17,
subdivision 3, is amended to read:
Subd. 3. [RIGHT OF INTERVENTION.] Subject to the
limitations of subdivision 2, the consumer services section
attorney general may intervene as of right or participate as an
interested party in matters pending before the public utilities
commission which affect the distribution by a public utility of
utility services to residential utility consumers. The right of
the consumer services section attorney general to participate or
intervene shall in no way does not affect the obligation of the
public utilities commission to protect the public interest.
Sec. 28. Minnesota Statutes 1982, section 45.17,
subdivision 4, is amended to read:
Subd. 4. [NOTICE; PROCEDURES.] The public utilities
commission shall give reasonable notice to the consumer services
section attorney general of any matter scheduled to come before
the commission affecting a public utility's rates or adequacy of
services to residential utility consumers. Rules of the
commission governing procedures before the commission shall
apply to the consumer services section attorney general and its
his employees or representatives. The consumer services section
shall have attorney general has the same rights and privileges
accorded other intervenors or participants in matters pending
before the commission.
Sec. 29. Minnesota Statutes 1982, section 45.17,
subdivision 5, is amended to read:
Subd. 5. [APPEALS.] The consumer services section attorney
general shall be deemed to have an interest sufficient to
maintain, intervene as of right in, or otherwise participate in
any civil action in the trial courts or supreme court of this
state for the review or enforcement of any public utilities
commission action which affects a public utility's rates or
adequacy of service to residential utility consumers.
Sec. 30. Minnesota Statutes 1982, section 45.17,
subdivision 7, is amended to read:
Subd. 7. [INTERVENTION IN FEDERAL PROCEEDINGS.] The
consumer services section attorney general shall represent and
further the interests of residential utility consumers through
participation as an intervenor or interested party in federal
proceedings relating to the regulation of: (a) wholesale rates
for energy delivered through interstate facilities; or (b) fuel
used in generation of electricity or the manufacture of gas.
The consumer services section attorney general may maintain,
intervene in, or otherwise participate in any civil actions
relating to the federal proceedings. In performing its duties
pursuant to this subdivision, the section shall follow the
guidelines established pursuant to subdivision 6, clause (1).
Sec. 31. Minnesota Statutes 1982, section 45.17, is
amended by adding a subdivision to read:
Subd. 8. [ADDITIONAL POWERS.] The power granted by this
section is in addition to powers otherwise provided by law to
the attorney general.
Sec. 32. Minnesota Statutes 1982, section 46.22, is
amended to read:
46.22 [RURAL CREDIT RECORDS.]
The commissioner of banks natural resources shall have
charge of the records of the former department of rural credit.
He shall provide the public with appropriate access to and
copies of the records.
Sec. 33. Minnesota Statutes 1982, section 46.221, is
amended to read:
46.221 [ISSUANCE OF QUITCLAIM DEEDS.]
The commissioner of banks natural resources is empowered to
issue quitclaim deeds in connection with loans made by the now
defunct department of rural credit, a former state agency. The
commissioner shall issue the quitclaim deeds upon reasonable
evidence the state of Minnesota no longer has a valid claim of
title to the property involved. No fee shall be charged for the
issuance of a quitclaim deed.
Sec. 34. Minnesota Statutes 1982, section 116C.24, is
amended by adding a subdivision to read:
Subd. 2a. "Commissioner" means the commissioner of energy
and economic development.
Sec. 35. Minnesota Statutes 1982, section 116C.24,
subdivision 3, is amended to read:
Subd. 3. "Coordination unit" means the environmental
coordination unit bureau of business licenses established
pursuant to section 116C.25 sections 116J.73 to 116J.76.
Sec. 36. Minnesota Statutes 1982, section 116C.25, is
amended to read:
116C.25 [ENVIRONMENTAL PERMITS COORDINATION UNIT.]
The board shall establish an environmental permits
commissioner of energy and economic development shall direct the
bureau of business licenses to act as the coordination unit to
implement and administer the provisions of sections 116C.22 to
116C.34 and. The chairman of the board commissioner shall
employ necessary staff to work for the coordination unit on a
continuous basis.
Sec. 37. Minnesota Statutes 1982, section 116C.32, is
amended to read:
116C.32 [RULES; COOPERATION.]
The board commissioner shall as soon as practicable adopt
rules, not inconsistent with rules of procedure established by
the office of administrative hearings, to implement the
provisions of sections 116C.22 to 116C.34, including master
application procedures, notice procedures, and public hearing
procedures and costs.
Sec. 38. Minnesota Statutes 1982, section 116C.33,
subdivision 2, is amended to read:
Subd. 2. The board commissioner, to the limited extent
necessary to comply with procedural requirements of federal
statutes relating to permit systems operated by the state, may
modify the notice, timing, hearing, and related procedural
matters provided in sections 116C.22 to 116C.34.
Sec. 39. Minnesota Statutes 1982, section 116C.34, is
amended to read:
116C.34 [PERMIT INFORMATION CENTERS BUREAU OF BUSINESS
LICENSES.]
Subdivision 1. The board shall establish a permit
information center in its office at St. Paul, which center
bureau of business licenses shall establish and maintain an
information and referral system to assist the public in the
understanding and compliance with the requirements of state and
local governmental regulations concerning the use of natural
resources and protection of the environment. The system shall
provide a telephone information service and disseminate printed
materials. The board bureau shall provide assistance to
regional development commissions desiring to create a permit
information center.
Subd. 2. The permit information center in St. Paul bureau
shall:
(a) Identify all existing state licenses, permit
certifications, approvals, compliance schedules, or other
programs which pertain to the use of natural resources and to
protection of the environment.
(b) Standardize permit titles and assign designation codes
to all such permits which would thereafter be imprinted on all
permit forms.
(c) Develop permit profiles including applicable rules and
regulations, copies of all appropriate permit forms, statutory
mandate and legislative history, names of individuals
administering the program, permit processing procedures,
documentation of the magnitude of the program and of geographic
and seasonal distribution of the workload, and estimated
application processing time.
(d) Identify the public information procedures currently
associated with each permit program.
(e) Identify the data monitored or acquired through each
permit and ascertain current users of that data.
(f) Recommend revisions to the list of natural resource
management and development permits contained in Minnesota
Statutes 1974, section 116D.04, subdivision 5.
(g) Recommend legislative or administrative modifications
of existing permit programs to increase their efficiency and
utility.
Subd. 3. The auditor of each county shall post in a
conspicuous place in his office the telephone numbers of the
permit information centers established in St. Paul and bureau of
business licenses and the permit information center in the
office of the applicable regional development commission; copies
of any master applications or permit applications forwarded to
the auditor pursuant to section 116C.27, subdivision 1; and
copies of any information published by any permit the bureau or
an information center pursuant to subdivision 1.
Sec. 40. Minnesota Statutes 1982, section 116J.01,
subdivision 1, is amended to read:
Subdivision 1. [APPOINTMENT.] The department of energy,
planning and economic development shall be supervised and
controlled by the commissioner of energy, planning and economic
development, who shall be appointed by the governor and serve
under the provisions of section 15.06.
Sec. 41. Minnesota Statutes 1982, section 116J.01,
subdivision 2, is amended to read:
Subd. 2. [UNCLASSIFIED POSITIONS CONFIDENTIAL SECRETARY.]
The commissioner may appoint a deputy commissioner and a
personal confidential secretary in the unclassified service.
Sec. 42. Minnesota Statutes 1982, section 116J.01,
subdivision 3, is amended to read:
Subd. 3. [DEPARTMENTAL ORGANIZATION.] The commissioner
shall organize the department as provided in section 15.06. The
department shall be organized into three divisions, which shall
be designated the energy division, the economic development
division, and the financial management division; and the office
of tourism. Each division and office is responsible for
administering the duties and functions assigned to it by law.
When the duties of the divisions or office are not allocated by
law, the commissioner may establish and revise the assignments
of each division and office. Each division shall be under the
direction of a deputy commissioner in the unclassified service.
The office of tourism is under the direction of a director of
tourism in the unclassified service. The governor shall appoint
the director of tourism.
Sec. 43. Minnesota Statutes 1982, section 116J.03, is
amended to read:
116J.03 [DEFINITIONS.]
Subdivision 1. [SCOPE.] As used in sections 116J.05 to
116J.35; 116J.41 to 116J.54; 116J.58 to 116J.91; 299A.03; and
299A.04 chapter 116J, the terms defined in this section have the
meaning given them.
Subd. 2. [COMMISSIONER.] "Commissioner" means the
commissioner of energy, planning and economic development.
Subd. 3. [DEPARTMENT.] "Department" means the department
of energy, planning and economic development.
Sec. 44. Minnesota Statutes 1982, section 116J.09, is
amended to read:
116J.09 [DUTIES.]
The commissioner shall:
(a) manage the department as the central repository within
the state government for the collection of data on energy;
(b) prepare and adopt an emergency allocation plan
specifying actions to be taken in the event of an impending
serious shortage of energy, or a threat to public health,
safety, or welfare;
(c) undertake a continuing assessment of trends in the
consumption of all forms of energy and analyze the social,
economic, and environmental consequences of these trends;
(d) carry out energy conservation measures as specified by
the legislature and recommend to the governor and the
legislature additional energy policies and conservation measures
as required to meet the objectives of sections 116J.05 to
116J.30;
(e) collect and analyze data relating to present and future
demands and resources for all sources of energy, and specify
energy needs for the state and various service areas as a basis
for planning large energy facilities;
(f) require certificate of need for construction of large
energy facilities;
(g) evaluate policies governing the establishment of rates
and prices for energy as related to energy conservation, and
other goals and policies of sections 116J.05 to 116J.30, and
make recommendations for changes in energy pricing policies and
rate schedules;
(h) (g) study the impact and relationship of the state
energy policies to international, national, and regional energy
policies;
(i) (h) design and implement a state program for the
conservation of energy; this program shall include but not be
limited to, general commercial, industrial, and residential, and
transportation areas; such program shall also provide for the
evaluation of energy systems as they relate to lighting,
heating, refrigeration, air conditioning, building design and
operation, and appliance manufacturing and operation;
(j) (i) inform and educate the public about the sources and
uses of energy and the ways in which persons can conserve energy;
(k) (j) dispense funds made available for the purpose of
research studies and projects of professional and civic
orientation, which are related to either energy conservation,
resource recovery, or the development of alternative energy
technologies which conserve nonrenewable energy resources while
creating minimum environmental impact;
(l) (k) charge other governmental departments and agencies
involved in energy related activities with specific information
gathering goals and require that those goals be met;
(l) report to the legislature by February 1 of each year
both the processes and results of efforts to communicate the
statutory requirements concerning energy efficiency standards
under section 116J.27 and the extent of compliance with the
requirements.
Sec. 45. Minnesota Statutes 1982, section 116J.10, is
amended to read:
116J.10 [POWERS.]
The commissioner may:
(a) Adopt rules pursuant to chapter 14 as necessary to
carry out the purposes of sections 116J.05 to 116J.30 and, when
necessary for the purposes of section 116J.15, adopt temporary
rules pursuant to sections 14.29 to 14.36;
(b) Make all contracts pursuant to sections 116J.05 to
116J.30 and do all things necessary to cooperate with the United
States government, and to qualify for, accept and disburse any
grant intended for the administration of sections 116J.05 to
116J.30. Notwithstanding any other law the commissioner is
designated the state agent to apply for, receive and accept
federal or other funds made available to the state for the
purposes of sections 116J.05 to 116J.30.
(c) Contract for professional services if such work or
services cannot be satisfactorily performed by employees of the
department or by any other state agency;
(d) Enter into interstate compacts to jointly carry out
such research and planning with other states or the federal
government where appropriate;
(e) Distribute informational material at no cost to the
public upon reasonable request;
(f) Provide on-site technical assistance to units of local
government in order to enhance local capabilities for dealing
with energy problems;
(g) Administer for the state, energy programs pursuant to
federal law, regulations or guidelines, except for the crisis
fuel assistance and low income weatherization programs
administered by the department of economic security, and
coordinate the programs and activities with other state
agencies, units of local government and educational institutions;
(h) Design and administer a statewide program for the
energy and economic development authority and actively involve
major organizations and community leaders in its work and shall
solicit funds from all sources;
(i) Develop a state energy investment plan with yearly
energy conservation and alternative energy development goals,
investment targets, and marketing strategies;
(j) Perform market analysis studies relating to
conservation, alternative and renewable energy resources, and
energy recovery;
(k) Assist with the preparation of proposals for innovative
conservation, renewable, alternative, or energy recovery
projects;
(l) Manage and disburse funds made available for the
purpose of research studies or demonstration projects related to
energy conservation or other activities deemed appropriate by
the commissioner; and
(m) Intervene in certificate of need proceedings before the
public utilities commission.
Sec. 46. Minnesota Statutes 1982, section 116J.28, is
amended to read:
116J.28 [CERTIFICATE OF NEED.]
Subdivision 1. The commissioner commission shall, pursuant
to chapter 14 and sections 116J.05 to 116J.30, adopt assessment
of need criteria to be used in the determination of need for
large energy facilities pursuant to this section.
Subd. 2. No large energy facility shall be sited or
constructed in Minnesota without the issuance of a certificate
of need by the commissioner commission pursuant to sections
116J.05 to 116J.30 or other federal or state legislation on
long-term energy demand;
(3) The relationship of the proposed facility to overall
state energy needs, as described in the most recent state energy
policy and conservation report prepared pursuant to section
116J.18;
(4) Promotional activities which may have given rise to the
demand for this facility;
(5) Socially beneficial uses of the output of this
facility, including its uses to protect or enhance environmental
quality;
(6) The effects of the facility in inducing future
development;
(7) Possible alternatives for satisfying the energy demand
including but not limited to potential for increased efficiency
of existing energy generation facilities;
(8) The policies, rules, and regulations of other state and
federal agencies and local governments; and
(9) Any feasible combination of energy conservation
improvements, required by the public utilities commission
pursuant to section 216B.241, that can (a) replace part or all
of the energy to be provided by the proposed facility, and (b)
compete with it economically.
Subd. 4. Any person proposing to construct a large energy
facility shall apply for a certificate of need prior to
construction of the facility. The application shall be on forms
and in a manner established by the commissioner commission. In
reviewing each application the commissioner commission shall
hold at least one public hearing pursuant to chapter 14. The
public hearing shall be held at a location and hour reasonably
calculated to be convenient for the public. An objective of the
public hearing shall be to obtain public opinion on the
necessity of granting a certificate of need. The commissioner
commission shall designate a department commission employee
whose duty shall be to facilitate citizen participation in the
hearing process.
Subd. 5. Within six months of the submission of an
application, the commissioner commission shall approve or deny a
certificate of need for the facility. Approval or denial of the
certificate shall be accompanied by a statement of the reasons
for the decision. Issuance of the certificate may be made
contingent upon modifications required by the commissioner
commission.
Subd. 6. Any application for a certificate of need shall
be accompanied by the fee required pursuant to this
subdivision. The maximum fee shall be $50,000, except for an
application for an electric power generating plant as defined in
section 116J.06, subdivision 3, clause (a), or a high voltage
transmission line as defined in section 116J.06, subdivision 3,
clause (b), for which the maximum fee shall be $100,000. The
commissioner commission may require an additional fee to recover
the costs of any rehearing. The fee for a rehearing shall not
be greater than the actual cost of the rehearing or the maximum
fee specified above, whichever is less. The commissioner
commission shall establish by rule pursuant to chapter 14 and
sections 116J.05 to 116J.30, a schedule of fees based on the
output or capacity of the facility and the difficulty of
assessment of need. Money collected in this manner shall be
credited to the general fund of the state treasury.
Subd. 7. Other state agencies authorized to issue permits
for siting, construction or operation of large energy
facilities, and those state agencies authorized to participate
in matters before the Minnesota public utilities commission
involving utility rates and adequacy of utility services, shall
present their position regarding need and participate in the
public hearing process prior to the issuance or denial of a
certificate of need. Issuance or denial of certificates of need
shall be the sole and exclusive prerogative of the commissioner
commission and said these determinations and certificates shall
be binding upon other state departments and agencies, regional,
county, and local governments and special purpose government
districts except as provided in sections 116C.01 to 116C.08 and
116D.04, subdivision 9.
Subd. 8. This section shall does not apply to plants or
facilities for the production of ethanol or fuel alcohol nor in
any case where the commissioner commission shall determine after
being advised by the attorney general that its application has
been preempted by federal law. *
Sec. 47. Minnesota Statutes 1982, section 116J.31, is
amended to read:
116J.31 [ENERGY AUDITS.]
The commissioner, in cooperation with the director of
consumer services, shall develop the state plan for the program
of energy audits of residential and commercial buildings
required by 42 United States Code, Section title 42, section
8211, et seq. The consumer services division and the attorney
general are authorized to may release information on consumer
complaints about the operation of the program to the
commissioner.
Sec. 48. Minnesota Statutes 1982, section 116J.42,
subdivision 1, is amended to read:
Subdivision 1. [POWERS AND DUTIES.] The commissioner
director shall:
(1) Prepare comprehensive, long range recommendations for
the orderly and coordinated growth of the state including
detailed recommendations for long range plans of operating state
departments and agencies on major public investment proposals
and programs in the state.
(2) The state, in the development of long range planning,
shall take into consideration its relationship to local units of
government and the planning to be accomplished on such levels.
Develop and maintain a statewide long-range policy planning
process involving local units of government, regional
development commissions, the metropolitan council, and state
agencies.
(3) Develop and analyze information and forecasts relating
to the state's population, economy, natural resources and human
services, including but not limited to: (a) collection and
analysis of information necessary to enable him to report
annually to the governor and the legislature on the status of
the state's economy and on forecasts of medium and long-term
economic prospects for the state; (b) analysis and reporting on
the comparability of economic data, assumptions and analyses
used by other planning entities, state agencies, and levels of
government as he deems appropriate; (c) assessment of the
implications of demographic, economic, and programmatic trends
on state and local policies and institutions for providing
health, education, and other human services; and (d) assessment
of the availability and quality of data for long-range planning
and policy development.
(4) Assist the governor in developing and evaluating
alternative long-range policies and strategies.
(5) Act in coordination with the commissioner of finance
and affected state agencies in the planning and financing of
major public programs, including but not limited to capital
improvements.
(6) Initiate studies of major policy issues having
long-range implications.
(7) Provide planning assistance to local, regional, and
state agencies, and coordinate these levels of planning with the
state long-range policy planning process.
Sec. 49. Minnesota Statutes 1982, section 116J.42,
subdivision 2, is amended to read:
Subd. 2. The commissioner director shall:
(1) Review current programming and future planning plans,
studies and proposed studies, of all state departments and
agencies.
(2) Report regularly and on or before November 15 of each
even numbered year to the legislature, reviewing in each report
the state planning program, and the progress and development
thereof. Thereafter, as soon as practicable, he shall make
recommendations for desirable legislation and necessary
appropriations.
(3) To the extent practicable coordinate with state budgets
the items therein relating to and reflecting statewide planning
as authorized by the legislature and as recommended for the
consideration of the legislature.
(4) Require each state department and agency having
planning programs to regularly file copies thereof with him for
review.
(5) Make available to the legislature or any authorized
committee or commission thereof information concerning statewide
development plans and basic research from which the plans have
been developed.
(6) Act as the coordinating agency for the planning
activities of all state departments and agencies and local
levels of government.
(7) Review all plans filed with the federal government by
state departments and agencies pursuant to section 16A.30, or
any other law as a part of his duties prescribed by this
section. The commissioner of finance shall furnish the
commissioner the information required by this clause.
(8) Encourage the development of planning programs by state
departments and agencies and local levels of government.
(9) Act as the coordinating agency for submission of the
environmental impact statements required by the National
Environmental Policy Act and the state's comments thereon to the
appropriate federal agencies.
(4) Develop and maintain, in consultation with local
government elected officials, a process and procedures for the
review of federal grant applications, and the coordination of
planning activities including state and local responsibilities
as existed on January 1, 1983, in federal Office of Management
and Budget Circular A-95, Parts I, II, III, and IV; and the
federal Executive Order 12372.
(5) Assist the governor and the commissioner of finance in
the review of biennial budget proposals and in the analysis of
major public investments.
(6) Promote awareness by citizens and public officials of
major long-range trends and policy issues.
Sec. 50. Minnesota Statutes 1982, section 116J.42,
subdivision 4, is amended to read:
Subd. 4. The commissioner director shall:
(1) undertake studies to obtain information and data on
urban and rural needs, assistance programs, and activities. The
commissioner shall provide technical assistance and advice in
the solution of such problems. The duties of the commissioner
shall include, but are not limited to, the assembly, the
correlation, and dissemination of physical, social, and economic
development data to inform local governmental units and
interested persons and organizations of the availability and
status of federal, state, and local programs and other resources
for the solution of urban and rural problems;
(2) Make available to the governor and the legislature
pertinent information relating to federal grants in aid to local
governmental units and an analysis thereof;
(3) Inform local governmental units about federal programs
of social or economic aid or assistance for which they are
eligible, together with the criteria, standards, and conditions
upon which the aid is based conduct research and make
recommendations to the governor and the legislature concerning
relationships among federal, state, and local governments; and
review and report on changes in federal policies and budgets as
they affect the state and state and local government programs;
(3) provide regional development commissions, the
metropolitan council, and units of local government with
information, technical assistance, training, and advice in
utilizing federal and state programs;
(4) receive and administer the small cities community
development block grant program authorized by the Congress under
the Housing and Development Act of 1974, as amended; and
(5) receive and administer other state and federal grants
and grant programs for planning, community affairs, community
development purposes, and other state and federal programs
assigned to the agency by law or by the governor in accordance
with section 4.07.
Sec. 51. Minnesota Statutes 1982, section 116J.42,
subdivision 7, is amended to read:
Subd. 7. The commissioner director shall:
(1) Appoint the state demographer, who shall be compensated
in accordance with section 43A.18, subdivision 3. The state
demographer shall be professionally competent in the field of
demography and shall possess demonstrated ability, based upon
past performance;
(1) Shall (2) Continuously gather and develop demographic
data within the state;
(2) Shall (3) Design and test methods of research and data
collection;
(3) Shall have the power to call upon any agency of the
state or political subdivision for data as may be available, and
the agencies and political subdivisions shall cooperate to the
fullest extent possible;
(4) Shall Periodically prepare population projections for
designated regions and for the state and may periodically
prepare projections for each county, or other political or
geographic division as necessary to carry out the purposes of
this section;
(5) Shall Review, comment, and prepare analysis of
population estimates and projections made by state agencies,
political subdivisions, other states, federal agencies or
nongovernmental persons, institutions or commissions;
(6) Shall Serve as the state liaison with the federal
bureau of census, shall and coordinate his activities with
federal demographic activities to the fullest extent possible,
and shall aid the legislature in preparing a census data plan
and form for each decennial census;
(7) Shall Compile an annual study of population estimates
on the basis of county, regional or other political or
geographic divisions as necessary to carry out the purposes of
this subdivision and section 116J.43;
(8) Shall, On or before January 1 of each year, issue a
report to the legislature containing an analysis of the
demographic implications of the annual population study and
population projections;
(9) Shall Cause to be prepared maps of all counties in the
state, all municipalities with a population of 10,000 or more,
and any other municipalities as deemed necessary for census
purposes, according to scale and detail recommended by the
federal bureau of the census, with the maps of cities showing
boundaries of precincts; and
(10) Shall annually Prepare a population estimate for each
governmental subdivision for which the metropolitan council does
not prepare an annual population estimate, and shall communicate
the estimate to the governing body of each governmental
subdivision by May 1 of each year.
Sec. 52. Minnesota Statutes 1982, section 116J.42,
subdivision 8, is amended to read:
Subd. 8. (1) The land management information center is
established to foster integration of environmental information
and provide services in computer mapping and graphics,
environmental analysis, and small systems development.
(2) The director shall periodically compile studies of land
use and natural resources on the basis of county, regional, and
other political subdivisions.
(3) The commissioner director may charge a fee fees to
each user of the Minnesota land management clients for
information system products and services.
Sec. 53. Minnesota Statutes 1982, section 116J.42,
subdivision 9, is amended to read:
Subd. 9. [JUVENILE JUSTICE.] The governor shall designate
the department of energy, state planning, and development agency
as the sole agency responsible for supervising the preparation
and administration of the state plan for juvenile justice
required by the Juvenile Justice and Delinquency Prevention Act
of 1974, as amended.
The governor shall designate the Juvenile Justice Advisory
Committee as the supervisory board for the department of energy,
state planning and development agency with respect to
preparation and administration of the state plan and award of
grants.
The governor shall appoint members to the Juvenile Justice
Advisory Committee in accordance with the membership
requirements of the Juvenile Justice and Delinquency Prevention
Act of 1974, as amended.
Sec. 54. Minnesota Statutes 1982, section 116J.58,
subdivision 1, is amended to read:
Subdivision 1. [ENUMERATION.] The commissioner shall:
(1) investigate, study, and undertake ways and means of
promoting and encouraging the prosperous development and
protection of the legitimate interest and welfare of Minnesota
business, industry, and commerce, within and outside the state;
(2) locate markets for manufacturers and processors and aid
merchants in locating and contacting markets;
(3) investigate and study conditions affecting Minnesota
business, industry, and commerce and collect and disseminate
information, and engage in technical studies, scientific
investigations, and statistical research and educational
activities necessary or useful for the proper execution of the
powers and duties of the commissioner in promoting and
developing Minnesota business, industry, and commerce, both
within and outside the state;
(4) plan and develop an effective business information
service both for the direct assistance of business and industry
of the state and for the encouragement of business and industry
outside the state to use economic facilities within the state;
(5) compile, collect, and develop periodically, or
otherwise make available, information relating to current
business conditions;
(6) conduct or encourage research designed to further new
and more extensive uses of the natural and other resources of
the state and designed to develop new products and industrial
processes;
(7) study trends and developments in the industries of the
state and analyze the reasons underlying the trends; study costs
and other factors affecting successful operation of businesses
within the state; and make recommendations regarding
circumstances promoting or hampering business and industrial
development;
(8) serve as a clearing house for business and industrial
problems of the state; and advise small business enterprises
regarding improved methods of accounting and bookkeeping;
(9) Encourage and develop commerce with other states and
foreign countries and devise ways and means of removing trade
barriers hampering the free flow of commerce between this and
other states;
(10) cooperate with interstate commissions engaged in
formulating and promoting the adoption of interstate compacts
and agreements helpful to business, industry, and commerce;
(11) (10) cooperate with other state departments, and with
boards, commissions, and other state agencies, in the
preparation and coordination of plans and policies for the
development of the state and for the use and conservation of its
resources insofar as the use, conservation, and development may
be appropriately directed or influenced by a state agency;
(12) (11) assemble and coordinate information relative to
the status, scope, cost, and employment possibilities and the
availability of materials, equipment, and labor in connection
with public works projects, state, county, and municipal;
recommend limitations on the public works; gather current
progress information with reference to public and private works
projects of the state and its political subdivisions with
reference to conditions of employment; inquire into and report
to the governor, when requested by him, with respect to any
program of public state improvements and the financing thereof;
and request and obtain information from other state departments
or agencies as may be needed properly to report thereon;
(13) (12) study changes in population and current trends
and prepare plans and suggest policies for the development and
conservation of the resources of the state;
(14) (13) confer and cooperate with the executive,
legislative, or planning authorities of the United States and
neighboring states and of the counties and municipalities of
such neighboring states, for the purpose of bringing about a
coordination between the development of such neighboring states,
counties, and municipalities and the development of this state;
(15) (14) generally, gather, compile, and make available
statistical information relating to business, trade, commerce,
industry, transportation, communication, natural resources, and
other like subjects in this state, with authority to call upon
other departments of the state for statistical data and results
obtained by them and to arrange and compile that statistical
information in a manner that seems wise.
Sec. 55. Minnesota Statutes 1982, section 116J.60, is
amended to read:
116J.60 [PROMOTIONAL EXPENSES.]
In the promotion of tourism and economic development of the
state of Minnesota, the state commissioner of energy, planning
and economic development may expend from moneys money
appropriated by the legislature for such these purposes in the
same manner as private persons, firms, corporations, and
associations make expenditures for such these purposes. For
purposes of allotment, encumbrance and disbursement all
transactions for promotional purposes shall be coded under the
commissioner of finance's object of expenditure code for
advertising. The encumbrance shall be made on a miscellaneous
encumbrance requisition. Any such expenditures An expenditure
for food, lodging, or travel shall is not be governed by the
travel regulations rules of the commissioner of administration
employee relations. No money shall be expended for the
appearance in radio or television broadcasts by an elected
public official.
Sec. 56. Minnesota Statutes 1982, section 116J.61, is
amended to read:
116J.61 [ADDITIONAL POWERS AND DUTIES.]
The commissioner shall:
(1) Have control of the work of carrying on a continuous
program of education for businessmen;
(2) Publish, disseminate, and distribute information and
statistics;
(3) Promote and encourage the expansion and development of
markets for Minnesota products;
(4) Promote and encourage the location and development of
new business in the state as well as the maintenance and
expansion of existing business and for that purpose cooperate
with state and local agencies and individuals, both within and
outside the state;
(5) Advertise and disseminate information as to natural
resources, desirable locations, and other advantages for the
purpose of attracting business to locate in this state;
(6) Aid the various communities in this state in getting
business to locate therein;
(7) Advise and cooperate with municipal, county, regional,
and other planning agencies and planning groups within the state
for the purpose of promoting coordination between the state and
localities as to plans and development in order to maintain a
high level of gainful employment in private profitable
production and achieve commensurate advancement in social and
cultural welfare; coordinate the activities of state-wide and
local planning agencies, correlate information secured from them
and from state departments and disseminate information and
suggestions to the planning agencies; and encourage and assist
in the organization and functioning of local planning agencies
where none exist; and may provide at the request of any
governmental subdivision hereinafter mentioned planning
assistance, which includes but is not limited to surveys, land
use studies, urban renewal plans, technical services and other
planning work to any city or other municipality in the state or
perform similar planning work in any county, metropolitan or
regional area in the state. The commissioner shall not perform
the planning work with respect to a metropolitan or regional
area which is under the jurisdiction for planning purposes of a
county, metropolitan, regional or joint planning body, except at
the request or with the consent of the respective county,
metropolitan, regional or joint planning body. The commissioner
is authorized to receive and expend money from municipal,
county, regional and other planning agencies; and may accept and
disburse grants and other aids for planning purposes from the
federal government and from other public or private sources, and
may utilize moneys so received for the employment of consultants
and other temporary personnel to assist in the supervision or
performance of planning work supported by money other than state
appropriated money, and may enter into contracts with agencies
of the federal government, units of local government or
combinations thereof, and with private persons that are
necessary in the performance of the planning assistance function
of the commissioner. In furtherance of their planning
functions, any city or town, however organized, may expend money
and contract with agencies of the federal government,
appropriate departments of state government, other local units
of government and with private persons;
(8) Adopt measures calculated to promote public interest in
and understanding of the problems of planning and, to that end,
may publish and distribute copies of any plan or any report and
may employ other means of publicity and education that will give
full effect to the provisions of sections 116J.58 to 116J.63;
(9) Plan and conduct programs of information and publicity
designed to attract tourists, visitors, and other interested
persons from outside the state to this state, and in that
connection encourage and coordinate the efforts of other public
and private organizations or groups of citizens to publicize the
facilities and attractions of the state and work with
representatives of the tourist and resort industry in carrying
out its programs.
Sec. 57. [116J.615] [OFFICE OF TOURISM.]
Subdivision 1. [DUTIES OF DIRECTOR.] The director of
tourism shall:
(1) publish, disseminate, and distribute informational and
promotional literature;
(2) promote and encourage the expansion and development of
international tourism marketing;
(3) advertise and disseminate information about travel
opportunities in the state of Minnesota;
(4) aid various local communities to improve their tourism
marketing programs;
(5) coordinate and implement a comprehensive state tourism
marketing program that takes into consideration all public and
private businesses and attractions;
(6) conduct market research and analysis to improve
marketing techniques in the area of tourism;
(7) investigate and study conditions affecting Minnesota's
tourism industry, collect and disseminate information, and
engage in technical studies, scientific investigations, and
statistical research and educational activities necessary or
useful for the proper execution of the powers and duties of the
director in promoting and developing Minnesota's tourism
industry, both within and outside the state;
(8) apply for, accept, receive, and expend any funds for
the promotion of tourism in Minnesota. All money received by
the director under this subdivision shall be deposited in the
state treasury and is appropriated to the director for the
purposes for which the money has been received. The money does
not cancel and is available until expended; and
(9) plan and conduct information and publicity programs to
attract tourists, visitors, and other interested persons from
outside the state to this state; encourage and coordinate
efforts of other public and private organizations or groups of
citizens to publicize facilities and attractions in this state;
and work with representatives of the hospitality and tourism
industry to carry out its programs.
Subd. 2. [ART AND HISTORICAL EXHIBITIONS.] In order to
promote tourism, trade, and cultural enrichment, the director of
tourism may arrange for the exhibition of art collections and
historical displays from other nations in the state capitol and
in other public buildings throughout the state of Minnesota. The
director of tourism shall cooperate with the state historical
society in implementing this cultural exchange program and may
enter into any contracts or joint ventures that are necessary to
achieve the objectives of this section.
Sec. 58. Minnesota Statutes 1982, section 116J.65, is
amended by adding a subdivision to read:
Subd. 1a. "Authority" means the energy and economic
development authority, formerly known as the small business
finance agency.
Sec. 59. Minnesota Statutes 1982, section 116J.65,
subdivision 5, is amended to read:
Subd. 5. The commissioner authority shall administer this
section and shall enforce the rules related to the community
development corporations promulgated by the commissioner
authority. The commissioner authority may amend, suspend,
repeal or otherwise modify these rules as provided for in
chapter 14.
Sec. 60. Minnesota Statutes 1982, section 116J.65, is
amended by adding a subdivision to read:
Subd. 8a. The energy and economic development authority
shall be named as an assignee of the rights of a state funded
community development corporation on any loan or other evidence
of debt provided by a community development corporation to a
private enterprise. The assignment of rights shall provide that
it will be effective upon the dormancy or cessation of existence
of the community development corporation. "Dormancy" for the
purpose of this section means the continuation of the
corporation in name only without any functioning officers or
activities. Upon the cessation of the activities of a state
funded community development corporation, any assigned moneys
paid to the energy and economic development authority shall be
deposited into the community development corporation fund to be
used for the purposes as set out in chapter 116J.
Sec. 61. Minnesota Statutes 1982, section 116J.67,
subdivision 1, is amended to read:
Subdivision 1. [PURPOSE; OBJECTIVES.] The commissioner of
energy, planning and development energy and economic development
authority may create, promote, and assist a state development
company, also known as a "503" certified development company,
which that will qualify as a certified development company for
the purposes of 15 United States Code, title 15, section 697,
and Code of Federal Regulations, title 13, section 108.503.
The commissioner authority shall utilize the development
company program to stimulate the state's economic activity.
The development company and its directors and officers
shall comply with the organizational, operational, regulatory,
and reporting requirements as promulgated by the United States
small business administration and the guidelines contained in
the bylaws, articles of incorporation, and standard operating
procedure prescribed by the small business administration.
Sec. 62. [116J.875] [ENERGY AND ECONOMIC DEVELOPMENT
AUTHORITY; PURPOSES.]
The legislature finds that certain public needs can best be
met by the public and private sectors working in close
cooperation. Two of the specific areas in which this
cooperation is most needed are small business development and
energy program management and financing. The energy and
economic development authority created by section 116J.89 is the
mechanism for cooperation in these two areas. By providing an
efficient arrangement to pool financing, personnel, information,
and technological knowledge, the authority, as a partnership
between the public and private sectors, will promote job
creation, business development, and energy policies more
effectively than would be the case if these sectors acted
independently.
Sec. 63. Minnesota Statutes 1982, section 116J.88,
subdivision 2, is amended to read:
Subd. 2. [AUTHORITY.] "Agency" "Authority" means the small
business finance agency energy and economic development
authority created in section 116J.89.
Sec. 64. Minnesota Statutes 1982, section 116J.88,
subdivision 4, is amended to read:
Subd. 4. [ELIGIBLE SMALL BUSINESS.] "Eligible small
business" means an enterprise determined by the agency authority
to constitute a small business concern as defined in regulations
of the United States small business administration pursuant to
15 U. S. Code United States Code, title 15, sections 631 to 647,
as in effect March 1, 1980, which is engaged in any industrial
or commercial activity except:
(a) banking or other financial service;
(b) real estate brokerage, management, sale, ownership, or
leasing;
(c) legal, medical, dental, accounting, engineering, or any
other professional or consulting service;
(d) furnishing recreational or athletic facilities; and
(e) serving food or beverages to be consumed on or adjacent
to the premises where they are sold amended from time to time.
Sec. 65. Minnesota Statutes 1982, section 116J.88,
subdivision 5, is amended to read:
Subd. 5. [TARGETED SMALL BUSINESS.] "Eligible Targeted
small business" for the purpose of section 116J.90, subdivision
5, means a business entity organized for profit, including but
not limited to any individual, partnership, corporation, joint
venture, association, or cooperative, which entity:
(a) has 20 or fewer full-time employees or not more than
the equivalent of $1,000,000 in annual gross revenues in the
preceding fiscal year; and
(b) is not at least 20 percent owned by a business dominant
in its field of operation, or by partners, officers, directors,
majority stockholders, or their equivalent, of a business
dominant in its field of operation. For the purpose of this
subdivision, "dominant in its field of operation" means having
more than 20 full-time employees and more than $1,000,000 in
annual gross revenues.
"Farm business" means a business entity "Targeted small
business" includes a farm business engaged in farming,
agricultural production or processing, or storage of
agricultural products, which otherwise qualifies as a small
business.
Sec. 66. Minnesota Statutes 1982, section 116J.88,
subdivision 6, is amended to read:
Subd. 6. [FINANCIAL INSTITUTION.] "Financial institution"
means any a bank or other financial corporation described in
chapter 47, any insurance company licensed to do business under
chapter 60A, and any securities broker-dealer licensed under
chapter 80A, bank or trust company, trust company, mortgage
company, mortgage banker, national banking association, savings
bank, savings and loan association, building and loan
association, insurance company, securities broker-dealer,
financial organizations relating to commercial credit or venture
capital or any other financial or lending institution, whether
organized under federal law or the laws of any state of the
United States, and whether located within or without this state.
Sec. 67. Minnesota Statutes 1982, section 116J.88,
subdivision 7, is amended to read:
Subd. 7. [BUSINESS LOAN.] "Business loan" means a loan,
other than a pollution control loan, to the owner of a an
eligible small business for the interim or long term financing
of (a) capital expenditures, on an interim or long-term basis,
for the acquisition or improvement of land, acquisition,
construction, removal, or improvement of buildings, or
acquisition and installation of fixtures and equipment useful
for the conduct of the business; or (b) short-term costs of
conducting an eligible small business.
Subd. 7a. [FARM LOAN.] "Farm loan" means a loan to a farm
business for the acquisition, installation, improvement,
construction or removal of buildings, or acquisition and
installation of fixtures or equipment, useful for the conduct of
a farm business.
Sec. 68. Minnesota Statutes 1982, section 116J.88,
subdivision 8, is amended to read:
Subd. 8. [POLLUTION CONTROL LOAN.] "Pollution control
loan" means a loan to the owner of a an eligible small business
for the acquisition, construction, or improvement of pollution
control facilities or operations. Pollution control facilities
or operations may include real and personal property likely to
help prevent, reduce, abate, or control noise, air, or water
pollution or contamination by removing, altering, disposing, or
storing pollutants, contaminants, wastes, or heat, and real and
personal property to be used for the collection, storage,
treatment, utilization, processing, or final disposal of solid
or liquid waste.
Sec. 69. Minnesota Statutes 1982, section 116J.88, is
amended by adding a subdivision to read:
Subd. 9. [FUND.] "Fund" means the economic development
fund created by section 73.
Sec. 70. Minnesota Statutes 1982, section 116J.89,
subdivision 1, is amended to read:
Subdivision 1. [ENERGY AND ECONOMIC DEVELOPMENT AUTHORITY;
CREATION; SUCCESSOR STATUS.] A The small business finance agency
created by Laws 1980, chapter 547, is renamed the energy and
economic development authority is hereby created and is
constituted as an authority to and may act on behalf of the
state within the scope of the powers granted to it in sections
116J.63 and 116J.88 to 116J.91 to implement a loan program loan
programs and to provide financial assistance under the economic
development fund by which, the authority alone or in cooperation
with cities, towns, counties, and private or public lenders, may
provide adequate funds may be provided or incentives to
financing such as guarantees or insurance on sufficiently
favorable terms to assist and encourage the establishment,
maintenance, and growth of eligible small business businesses
and employment opportunities in Minnesota and to reduce to a
manageable level the cost of the control of pollution and
disposal of waste resulting from the operations of eligible
small business businesses.
The authority so named is the legal successor in all
respects of the small business finance agency as originally
named and constituted and all bonds, resolutions, contracts, and
liabilities of that original agency are the bonds, resolutions,
contracts, and liabilities of the authority as so renamed and
reconstituted.
Because of its ability to pool or combine loans to be
funded from one or more issues of bonds, whether or not the
interest on the bonds is exempt from federal income taxes, the
agency authority will be able to spread its financing costs
among the eligible small businesses to which the agency makes
loans authority provides financing, thereby reducing costs
incurred by each eligible small business.
Sec. 71. Minnesota Statutes 1982, section 116J.89, is
amended by adding a subdivision to read:
Subd. 1a. [USE OF ECONOMIC DEVELOPMENT FUND.] In addition,
the authority may use the economic development fund to provide
financial assistance to eligible small businesses as follows:
(a) to provide loan guarantees or insurance, in whole or in
part, to eligible small businesses in connection with business
loans or pollution control loans;
(b) to provide direct loans to eligible small businesses in
connection with business loans or pollution control loans;
(c) to participate in other investment programs as
appropriate under the terms of sections 116J.65, 116J.67,
116J.88 to 116J.91, and chapters 472 and 474;
(d) to purchase loan packages made to eligible small
businesses by financial institutions in the state in connection
with business loans or pollution control loans;
(e) to enter into or to pay fees on insurance contracts,
letters of credit, municipal bond insurance, surety bonds, or
similar obligations and other agreements or contracts with
financial institutions;
(f) to guarantee or insure bonds and notes issued by the
authority, in whole or in part;
(g) the authority may create separate accounts within the
fund for use in accordance with the separate purposes listed in
this section and may irrevocably pledge and allocate moneys on
deposit in the fund to the accounts for the purposes. The
authority may make contracts with note and bond holders,
trustees for them, financial institutions, or other persons
interested in the disposition of moneys in the fund or its
accounts with respect to the conditions upon which money in the
fund or its accounts is to be held, invested, applied, and
disposed of and the use of the fund and its accounts and the
termination of accounts. The authority may determine to
leverage amounts in accounts to be used to guarantee or insure
bonds and notes of the authority or loans to eligible small
businesses and may covenant as to the rate of leveraging with
holders of the authority's bonds and notes or any trustee for
them, financial institutions, or other persons. Money in the
fund and its accounts shall, consistent with contracts with
holders of the authority's bonds and notes or any trustee for
them, financial institutions, or other interested persons, be
invested in accordance with section 116J.91, subdivision 15, and
the investment income from them, absent contractual provisions
to the contrary, shall be added to and retained in the fund or
its accounts if provided by the authority. The repayments to
the authority of any direct loans made by the authority from
money in the fund or its accounts shall be paid by the authority
into the fund or, as provided by the authority, into an
account. The authority may collect fees, initially or from time
to time, or both, with respect to any direct loan it extends or
any insurance or guarantee it grants. The authority may enter
into contracts and security instruments with eligible small
businesses, with bond and note holders or any trustee for them,
or financial institutions or other persons to provide for and
secure the repayment to the authority of money provided by the
authority from the fund or its accounts for direct loans or
which have been paid by the authority from the fund or accounts
pursuant to an authority guarantee or insurance.
The state covenants with all holders of the authority's
bonds and notes, financial institutions, and other persons
interested in the disposition of money in the fund or its
accounts, which money the authority has irrevocably pledged and
allocated for any authorized purpose described in this
subdivision, that the state will not take any action to limit
the effect of the pledge and allocation and will not take any
action to limit the effect of contracts entered into as
authorized in this subdivision with respect to the pledge and
allocation and will not limit or alter the rights vested in the
authority or the state to administer the application of money
pursuant to the pledge and allocation and to perform its
obligations under the contracts. The authority may include and
recite this covenant of the state in any of its bonds or notes
benefitting from the pledge and allocation or contracts or
related documents or resolutions;
(h) to enter into contract with note and bond holders or
other persons interested in the disposition of the fund; and
(i) for any legal purpose or program of the authority,
including without limitation the payment of the cost of issuing
authority bonds and notes and authority administrative costs and
expenses.
Sec. 72. Minnesota Statutes 1982, section 116J.89, is
amended by adding a subdivision to read:
Subd. 1b. [PREFERENCES.] (a) The following eligible small
businesses have preference among business applicants:
(1) businesses located in areas of the state that are
experiencing the most severe unemployment rates in the state;
(2) eligible small businesses that are likely to expand and
provide additional permanent employment;
(3) businesses located in border communities that
experience a competitive disadvantage due to location;
(4) businesses that have been unable to obtain traditional
financial assistance due to a disadvantageous location, minority
ownership, or other factors rather than due to the business
having been considered a poor financial risk;
(5) businesses that utilize state resources, thereby
reducing state dependence on outside resources, and that produce
products or services consistent with the long-term social and
economic needs of the state;
(6) businesses located in designated enterprise zones, as
described in section 273.1312, subdivision 4; and
(7) business located in federally designated economically
distressed areas.
(b) Except in the issuance of agency bonds or notes, the
agency may not invest the fund in a program that does not have
financial participation from the private sector, as determined
by the authority.
Sec. 73. Minnesota Statutes 1982, section 116J.89, is
amended by adding a subdivision to read:
Subd. 1c. [CREATION OF ECONOMIC DEVELOPMENT FUND.] There
is created the economic development fund to be administered by
the authority. All money in the fund is appropriated to the
authority to accomplish the authority's business development
purposes.
Sec. 74. Minnesota Statutes 1982, section 116J.89,
subdivision 2, is amended to read:
Subd. 2. [PUBLIC PURPOSES.] Sections 116J.63 and 116J.88
to 116J.91 and sections 90 to 95 are enacted to promote the
welfare and prosperity of the state by maintaining and
increasing the career and job opportunities of its citizens,; by
reducing, controlling, and preventing environmental pollution
and waste of resources; and by protecting and enhancing the tax
base on which state and local governments depend for the
financing of public services.
Sec. 75. Minnesota Statutes 1982, section 116J.89,
subdivision 7, is amended to read:
Subd. 7. [TAXATION OF AUTHORITY NOTES AND BONDS.] The
state covenants with the purchasers and all subsequent holders
and transferees of notes and bonds issued by the agency
authority in consideration of the acceptance of and payment for
the notes and bonds, that the notes and bonds of the agency
authority issued pursuant to sections 116J.65, 116J.67, 116J.88
to 116J.91, sections 90 to 95, and chapters 472 and 474, and the
income therefrom and all its fees, charges, gifts, grants,
revenues, receipts, and other moneys received or to be received,
pledges to pay or secure the payment of such notes or bonds
shall at all times be free and exempt from all state, city,
county or other taxation provided by the laws of the state,
except for estate and gift taxes and taxes on transfers, and
except for the Minnesota corporate franchise tax measured by
income, so long as the interest on federal bonds is included in
the income by which such tax is measured.
Sec. 76. Minnesota Statutes 1982, section 116J.89,
subdivision 8, is amended to read:
Subd. 8. [MEMBERSHIP.] The members and governing body of
the agency authority shall be the commissioner and six ten other
members holding no other elective or appointive office of the
state or any local government, appointed by the governor with
advice and consent of the senate. The commissioner shall be
vice chairman, and The governor shall designate the chairman
from among the other members, to serve as chairman at the
pleasure of the governor. The board shall elect a secretary
from among its members. On the effective date of this act, the
governor shall have authority to appoint new members. The terms
of the current members shall expire, respectively, when they are
replaced and new members are appointed by the governor and
qualified. Section 15.0575, governs the terms, compensation,
removal and filling of vacancies in the offices of members other
than the commissioner.
Sec. 77. Minnesota Statutes 1982, section 116J.89,
subdivision 9, is amended to read:
Subd. 9. [EXERCISE OF POWERS.] The members shall be
responsible for management and control of the agency powers of
the authority are vested in the members. A majority of the
members, excluding vacant memberships, is a quorum. When a
quorum is present at any meeting of which notice has been given
to or waived by all absent members in the manner provided in
bylaws adopted by the vote of a majority of all members, any
action of the agency authority may be taken by the vote of a
majority of the members present. Fewer than a quorum may hear
reports and adjourn from time to time.
Sec. 78. Minnesota Statutes 1982, section 116J.89,
subdivision 10, is amended to read:
Subd. 10. [STAFFING.] The commissioner shall designate an
employee as executive director of the agency and may appoint
permanent and temporary employees necessary for the
administration of the agency authority. The governing body of
the agency may enter into agreements under which the department
will provide administrative support for the agency. The
commissioner may enter into agreements under which staff from
private corporations, agencies, or other organizations are
loaned to the authority for the purpose of performing its duties.
Sec. 79. Minnesota Statutes 1982, section 116J.90, is
amended to read:
116J.90 [LOANS.]
Subdivision 1. [GENERALLY.] The agency authority may make
or purchase or participate with financial institutions in making
or purchasing business loans and, pollution control loans, and
farm loans upon the conditions described in this section, and
may enter into commitments therefor.
Subd. 2. [BUSINESS LOANS; LIMITATIONS.] The agency
authority may make or purchase or participate with financial
institutions in making or purchasing business loans not
exceeding $1,000,000 in principal amount, to be serviced by such
institutions, provided that:
(a) The agency's share shall not exceed 90 percent of the
total principal amount, and shall be payable with interest at
the same times but not necessarily at the same interest rate as
the share of the financial institution, and both shares shall be
equally and ratably secured by a valid mortgage on or security
interest in real or personal property or by any other security
satisfactory to the agency to secure payment of the loan
provided, that the agency's share may equal 100 percent of the
total principal amount of the business loan if the financial
institution participating in the making or purchasing of the
business loan by servicing the loan, purchases 100 percent of
the total amount of the bonds issued by the agency in connection
with the loan;
(b) The total principal amount shall not exceed 90 percent
of the value of the property securing the loan, unless the
amount in excess of 90 percent is:
(1) Loaned from available funds which are not proceeds
received directly from the sale of the agency's bonds or notes
and are not restricted under the terms of any resolution or
indenture securing bonds or notes, or
(2) Insured or guaranteed by a federal agency or by a
private insurer qualified to write such insurance in the state,
insuring a percentage of any claim for loss at least equal to
that percentage of the value by which the loan exceeds 90
percent thereof;
(c) The value of the property securing the loan shall be
certified by the participating financial institution, on the
basis of such appraisals, bids, purchase orders, and engineers'
certificates as the agency may require; provided that the value
of items purchased and constructed from the proceeds of the loan
shall not be deemed to exceed the contract price of purchase or
construction;
(d) The agency shall not disburse funds under a commitment
to participate in a loan for the construction or substantial
improvement of property until the construction or improvement
has been completed, unless a financial institution furnishes an
irrevocable letter of credit or a qualified corporate surety
furnishes payment and performance bonds, satisfactory to the
agency and in an aggregate amount equal to the amount payable
under the construction contract; and
(e) No other indebtedness may be secured by a mortgage on
or security interest in property securing a business loan made
or purchased pursuant to this subdivision without the prior
express written authorization of the agency with respect to
business loans made or purchased by the authority and not
exceeding $1,000,000 principal amount with respect to the
authority's share thereof when the authority participates in
making or purchasing business loans.
With respect to business loans that the authority makes or
purchases or participates with, the authority may determine or
provide for their servicing, the percentage of authority
participation, if any, the times the loans or participations
shall be payable and the amounts of payment, their amount and
interest rates, their security, if any, and other terms,
conditions, and provisions necessary or convenient in connection
with them and may enter into all necessary contracts and
security instruments in connection with them. The authority may
provide for or require the insurance or guaranteeing of the
business loans or authority participations in whole or in part
by the federal government or a department, agency, or
instrumentality of it, by an appropriate account created with
respect to the economic development fund, or by a private
insurer. In connection with making or purchasing business loans
or participations in them, the authority may enter into
commitments to purchase or participate with financial
institutions upon the terms, conditions, and provisions
determined by it. Business loans or participations may be
serviced by financial institutions or other persons designated
by the authority. The dollar limitations contained in this
subdivision do not apply to energy loans and loans insured under
sections 93 and 94.
Subd. 3. [DIRECT BUSINESS AND FARM LOANS; LIMITATIONS.]
The agency authority may make business loans or farm loans not
exceeding $100,000 in principal amount, at interest rates and
subject to terms determined by the authority, provided that each
loan shall be made only from the proceeds of a bond or note sold
and issued to a financial institution, payable exclusively in
whole or part from the repayments of principal and interest on
the loan, which shall be assigned to and serviced by the
financial institution. The loans may also be guaranteed or
insured by money on deposit in the economic development fund or
any special account of it, and may be secured by reserve funds
and other collateral and available money as determined by the
authority. The authority may enter into all necessary contracts
and security instruments in connection with them. The
limitation on loan amounts in this subdivision does not apply to
energy loans and loans insured under sections 93 and 94.
Subd. 4. [POLLUTION CONTROL LOANS.] The agency authority
may make or purchase or participate in making or purchasing
pollution control loans which are fully secured by the guarantee
or insurance of any agency or instrumentality of the United
States or by a private insurer qualified to write the insurance
in the state, or by reserves provided by the agency or any
combination of the foregoing in any amount, which may be secured
in whole or part by the guarantee or insurance of the federal
government or any federal department, agency, or
instrumentality, by a private insurer, from guarantees or
insurance provided by the economic development fund or any
special account of it, by reserves, moneys, funds, or other
collateral required by the authority or any combination of the
foregoing. To the extent consistent with this subdivision, the
authority may make or purchase or participate in the making or
purchasing of pollution control loans in the manner provided in
subdivision 2 or 3 with respect to business loans.
Subd. 5. [TARGETED LOANS.] The agency authority shall make
every effort to assure that at least 50 percent of the principal
amount of the loans made or purchased by the agency authority in
each fiscal year consists of loans with a principal amount of
$100,000 or less to eligible targeted small businesses as
defined in section 116J.88, subdivision 5, and the financial
management division shall provide technical assistance needed by
eligible targeted small business owners businesses to complete
applications and meet other requirements for those loans. The
agency authority shall report to the legislature annually on or
before October February 1 as to its compliance with the
requirements of this subdivision during the preceding fiscal
year. Noncompliance with this subdivision does not affect the
validity of bonds and notes heretofore or hereafter issued.
Subd. 6. [REPORTS.] (a) Each financial institution which
that participates in a pollution control or business loan with
the agency authority shall annually on or before March 1 submit
a report for the prior calendar year to the agency authority on
a form prescribed by the state auditor. The report shall
include a listing of each new and outstanding loan in which the
financial institution is a participant, the amount and terms of
the loan, the purpose of the loan, and any other information as
the state auditor may reasonably require.
(b) The agency authority shall annually on or before May 1
submit a report on a form prescribed by the state auditor for
the prior calendar year to the state auditor on all loans which
that it makes, purchases, or participates in. The report shall
include a listing of each new and outstanding loan in which the
financial institution is a participant, the amount and terms of
the loan, the purpose of the loan, and any other information as
the state auditor may reasonably require.
(c) The state auditor shall annually on or before July 1
submit a report for the prior calendar year to the governor and
the legislature summarizing the report submitted pursuant to
clause (b).
(d) The cost of preparing and submitting the reports
required by this subdivision shall be borne by the party
submitting it. Any financial institution which that fails to
comply with the requirements of this subdivision shall be
prohibited from participating in future loans until it complies.
Sec. 80. Minnesota Statutes 1982, section 116J.91,
subdivision 1, is amended to read:
Subdivision 1. In implementing its corporate the purposes
and the programs described in sections 116J.63 and 116J.88 to
116J.91, the agency authority shall have the powers and duties
set forth in this section.
Sec. 81. Minnesota Statutes 1982, section 116J.91,
subdivision 4, is amended to read:
Subd. 4. It may adopt, amend, and repeal rules not
inconsistent with the provisions of sections 116J.63 and 116J.88
to 116J.91 as necessary to effectuate its corporate purposes.
Sec. 82. Minnesota Statutes 1982, section 116J.91,
subdivision 9, is amended to read:
Subd. 9. It may procure insurance against any loss in
connection with its property in such the amounts, and from such
the insurers, as may be necessary or desirable. It may obtain
municipal bond insurance, letters of credit, surety obligations,
or equivalent security for its bonds and notes.
Sec. 83. Minnesota Statutes 1982, section 116J.91,
subdivision 10, is amended to read:
Subd. 10. It may consent, whenever it deems it necessary
or desirable in the fulfillment of its corporate purpose, to the
modification of the rate of interest, time of payment, or any
installment of principal or interest, or any other term, of any
mortgage loan, mortgage loan commitment, construction loan,
temporary loan, a contract or agreement of any kind to which the
agency authority is a party.
Sec. 84. Minnesota Statutes 1982, section 116J.91,
subdivision 11, is amended to read:
Subd. 11. It may borrow money to carry out and effectuate
its corporate purpose purposes and may issue its negotiable
bonds or notes as evidence of any such borrowing in accordance
with sections 462A.08 to 462A.13, 462A.16 and 462A.17, all with
the force and effect stated and the incidental powers granted
and duties imposed in those sections. The bonds and notes may
be issued pursuant to a trust indenture that is substantially
identical to a resolution pursuant to which the authority issues
bonds and notes as provided in sections 462A.08 to 462A.13,
462A.16, and 462A.17, except that the authority may pledge money
and securities to a trustee for the security of the holders of
bonds and notes. The authority may refund bonds and notes and
may guarantee or insure its bonds and notes in whole or in part
with money from the economic development fund or an account
created by the authority for that purpose. The aggregate
principal amount of the agency's authority's bonds and notes
outstanding at any one time, excluding the amount satisfied and
discharged by payment or provision for payment in accordance
with their terms, and deducting amounts held in debt service
reserve funds therefor and amounts used to make loans guaranteed
or insured by the federal government or a department, an agency
or instrumentality of the federal government or by a private
insurer or guarantor authorized to do business in the state of
Minnesota and acceptable to the authority, shall not exceed
$30,000,000 unless authorized by another law.
Sec. 85. Minnesota Statutes 1982, section 116J.91,
subdivision 12, is amended to read:
Subd. 12. It may issue and sell bonds, notes, and other
obligations payable solely from particular moneys, assets, or
revenues derived from its programs, or any business loan, farm
loan, or pollution control loan, notwithstanding section
462A.08, subdivision 3. Obligations issued to participate in
making or purchasing business loans pursuant to section 116J.90,
subdivision 2, or pollution control loans shall be payable
solely from revenues derived by the agency authority from
repayments of such these loans and from enforcement of the
security therefor, or from a debt service reserve fund or funds,
or from a general reserve fund or from a segregated portion
thereof, or from other funds or security specifically pledged by
the authority, irrevocably pledged and appropriated to pay
principal and interest due, for which other funds are not
available. A general reserve fund is hereby created and is
eligible to receive direct appropriations from the state
treasury or a transfer from the economic development fund as the
authority may provide by resolution. The agency authority may
irrevocably pledge and appropriate all or a segregated portion
of the general reserve fund to pay principal and interest due on
all or one or more series of its obligations for which other
funds are not available, pursuant to the terms and conditions
that the agency authority shall determine. Until so pledged and
appropriated by the agency authority the general reserve fund
shall not be available to pay principal and interest on the
agency's authority's obligations. No obligations shall be
issued to participate in making or purchasing business loans
pursuant to section 116J.90, subdivision 2, unless the
obligations are secured at the time of issuance by a debt
service reserve fund, a portion of the general reserve fund
segregated to secure one or more series of bonds, or the portion
of the general reserve fund not segregated to secure one or more
series of bonds, and unless the amount then held or then
deposited in the fund or segregated portion is at least equal to
ten percent of the aggregate principal amount of all obligations
secured by the fund or segregated portion thereof The authority
may at its option provide by resolution that obligations issued
to participate in making or purchasing business loans or
pollution control loans be secured at the time of issuance in
whole or in part by a debt service reserve fund or funds, a
portion of the general reserve fund segregated to secure one or
more series of bonds, or the portion of the general reserve fund
not segregated to secure one or more series of bonds. The
operation of the debt service reserve fund or funds or a
segregated portion of the general reserve fund and other
relevant terms or provisions shall be determined by resolution
or indenture of the authority. Obligations issued to make or
purchase business loans, farm loans, or pollution control loans
may be issued pursuant to an indenture of trust or a resolution
of the authority. It may pledge to holders of obligations, or
to a trustee, repayments from the loans, any security or
collateral for them, contract rights with respect to them, and
any other funds or security specifically pledged by the
authority for them.
Sec. 86. Minnesota Statutes 1982, section 116J.91,
subdivision 14, is amended to read:
Subd. 14. It may establish and collect reasonable interest
and amortization payments on loans, and in connection therewith
may establish and collect or authorize the collection of
reasonable fees and charges or require funds to be placed in
escrow, sufficient to provide for the payment and security of
its bonds, notes, commitments and other obligations and for the
servicing thereof, to provide reasonable allowances for or
insurance against losses which may be incurred and to cover the
cost of issuance of obligations and technical, consultative, and
project assistance services. It shall require the payment of
all processing, administrative and guarantee fees and the
deposit in escrow of all funds required by the small business
administration or other federal agency or instrumentality
guaranteeing any loan and shall comply and enforce compliance
with all terms and conditions of each guarantee, and the prompt
filing of all claims which may arise thereunder.
Sec. 87. Minnesota Statutes 1982, section 116J.91,
subdivision 16, is amended to read:
Subd. 16. It may provide general consultative and
technical services to assist in financing small business
facilities for which loans may be made pursuant to section
116J.90. It may enter into agreements or other transactions
concerning the receipt or provision of those services.
Sec. 88. Minnesota Statutes 1982, section 116J.91,
subdivision 19, is amended to read:
Subd. 19. All Proceeds of the agency's authority's bonds,
notes, and other obligations, any; amounts granted or
appropriated to the agency for the making or purchase or the
insurance or guaranty of loans or for bond reserves, all; income
from their investment; money in the economic development fund;
and all revenues from loans, fees, and charges of the agency
authority are annually appropriated to the agency for the
accomplishment of its corporate purposes and shall be expended,
administered, and accounted for in accordance with the
applicable provisions of all bond and note resolutions,
indentures, and other instruments, contracts, and agreements of
the agency. Notwithstanding section 16A.28, these
appropriations are available until expended.
Sec. 89. Minnesota Statutes 1982, section 116J.91, is
amended by adding a subdivision to read:
Subd. 20. The authority may do all things necessary and
proper to fulfill its purpose and the purposes of the economic
development fund as provided in sections 116J.65, 116J.67,
116J.88 to 116J.91, sections 90 to 95, and chapters 472 and 474.
Sec. 90. [116J.921] [ENERGY FINANCING POLICIES.]
A reliable, economic supply of energy is essential for the
state's households, business establishments, and
municipalities. Imported supplies are increasingly costly,
unreliable, and environmentally disadvantageous. As a result, a
partnership of the private and public sectors is needed to
provide leadership, cooperation, and aid for the purposes of
planning, developing, and managing economically viable energy
conservation programs.
Sec. 91. [116J.922] [DEFINITIONS.]
Subdivision 1. [GENERAL.] For purposes of sections 90 to
95, the terms defined in this section have the meanings given
them, unless the context in which they are used clearly
indicates otherwise or another meaning is specifically provided.
Subd. 2. [AUTHORITY.] "Authority" means the energy and
economic development authority, formerly known as the small
business finance agency.
Subd. 3. [PERSON.] "Person" includes an individual, firm,
partnership, corporation, or association.
Subd. 4. [CONSERVATION.] "Conservation" means a product or
system designed to reduce the amount of energy needed for an
energy-consuming activity or process. Conservation includes but
is not limited to thermal insulation and air infiltration
control in buildings, products or methods that reduce energy
consumption for transportation or soil tillage practices,
improvements in combustion efficiency or heat transfer
efficiency in boilers, furnaces or direct-fired process heaters,
and changes to industrial production equipment that result in
lower energy use per unit of output.
Subd. 5. [MUNICIPALITY.] "Municipality" means a city,
town, county, school district, special taxing district, or a
municipal power agency governed by chapter 453, or a group or
combination of those units operating under an agreement to
jointly undertake projects authorized by sections 90 to 95.
Subd. 6. [ALTERNATIVE ENERGY RESOURCE.] "Alternative
energy resource" means a source of energy available from
indigenous Minnesota resources including but not limited to
peat, biomass, solar energy, wind, municipal wastes,
agricultural or forestry wastes, hydropower, and agricultural
crops suitable for conversion to an energy fuel.
Subd. 7. [RENEWABLE ENERGY RESOURCE.] "Renewable energy
resource" means a source of energy occurring in Minnesota which,
when consumed for energy purposes, is replaced within a matter
of days, months, or years by new or additional supplies of the
energy source. Renewable energy resources include, but are not
limited to, forestry products and forest harvest residues, solar
energy, wind energy, waterpower, and agricultural wastes.
Subd. 8. [ENERGY RECOVERY.] "Energy recovery" means the
extraction of energy from materials, components, or processes
which would normally represent wasted energy resources.
Municipal solid wastes, volatile sewer gases, and power plant
waste heat, among others, offer the potential for energy
recovery.
Subd. 9. [BUSINESS.] "Business" means any commercial,
industrial, or nonprofit enterprise.
Sec. 92. [116J.923] [POWERS AND DUTIES OF COMMISSIONER AND
AUTHORITY RELATING TO ENERGY PROGRAMS.]
Subdivision 1. [SERVICES.] The authority shall identify
general consultative and technical services to assist in
financing and marketing household and municipal energy
conservation or alternative energy development. It may enter
into agreements or other transactions concerning the receipt or
provisions of those services.
Subd. 2. [DATA PRIVACY.] Financial information, including
but not limited to credit reports, financial statements and net
worth calculations, received or prepared by the authority
regarding any loan or loan insurance issued by the authority is
private data on individuals, as defined in section 13.02,
subdivision 12, or, if not relating to individuals, is nonpublic
data as defined in section 13.02, subdivision 9.
Subd. 3. [BROAD INTERPRETATION.] The authority through the
commissioner shall perform, direct, or closely oversee the
functions and programs delegated to it. The powers granted to
the authority shall be broadly interpreted to facilitate
innovative leadership in all areas of energy including policy
setting, goal definition, strategy planning, conservation,
development of renewable and alternative energy resources,
energy recovery, and monitoring.
Subd. 4. [CAMPAIGN FOR ENERGY EFFICIENCY.] The authority
shall promote a campaign for energy efficiency. The authority
shall actively promote public awareness of the potentials and
benefits of energy efficiency.
Subd. 5. [JOB CREATION, LOW INCOME.] The authority shall
assure that programs under its control and direction make
accommodation wherever possible for job creation and the needs
of low income families and persons.
Subd. 6. [FINANCING PROGRAMS.] The authority shall
initiate and operate programs to assist the financing of
qualified energy projects by:
(a) insuring private loans to businesses; and
(b) issuing its revenue bonds, notes, or other obligations
for the purpose of making or purchasing or participating with
financial institutions in making or purchasing loans to
businesses.
Subd. 7. [LOANS TO MUNICIPALITIES.] The authority shall
receive applications from municipalities for loans to finance
improvements to public buildings for the purpose of energy
conservation, reduction of the use of conventional energy
sources, or the use of alternative energy resources, and make
recommendations thereon to the commissioner of finance, in the
event of the authorization and issuance of bonds of the state
for this purpose. Financial and technical support for this
program shall be provided by the financial management division.
This program shall include the district heating loan program
established in section 116J.36 and the program of energy
improvement loans to schools created by the concepts in a bill
styled as H. F. No. 549 of the 1983 legislative session.
Subd. 8. [RULES.] The authority may adopt temporary and
permanent rules for the purpose of implementing subdivisions 6
and 7. The temporary rules need not be adopted in compliance
with chapter 14 and shall be effective for 360 days or until the
permanent rules are adopted, whichever occurs first. The
temporary rules shall be effective upon adoption by the
authority and shall be published in the State Register as soon
thereafter as possible.
Subd. 9. [PLANNING AND REPORTS.] (a) The authority shall
adopt a plan to use as the basis for its investment decisions.
(b) By the start of the 1984 legislative session, the
authority shall have (1) identified various nongovernmental
funding sources; (2) provided for the efficient administration
of its affairs; (3) solicited public comment on its plans; and
(4) prepared recommendations as to appropriate reserve and
guarantee fund levels required by sections 90 to 95.
(c) The authority shall annually report not later than
February 1 to the legislature. The report should contain
recommendations for legislation as necessary to better
coordinate its activities and the energy activities of state
government.
Subd. 10. [CONSERVATION EQUIPMENT.] The authority may
assist in the financing of the development and operation of
conservation or alternative or renewable energy system equipment.
Subd. 11. [SERVICES TO BUSINESSES.] The authority shall
provide direct assistance to businesses that plan to begin or
expand their operations into the area of energy. The assistance
shall include:
(a) providing data currently collected by the state that
relates to resources, markets, economics, demographics, loans,
and business planning;
(b) performing a limited technical review of prototypes or
processes;
(c) conducting a limited number of feasibility studies to
assist business development;
(d) conducting workshops, seminars, and other educational
opportunities that relate to starting energy businesses or
specific technical subjects, when appropriate, working in
cooperation with the department of education and appropriate
educational institutions in the state; and
(e) sharing information or networking among energy
developers by use of newsletters, conferences, or the like.
Subd. 12. [APPROPRIATIONS, GIFTS, GRANTS.] The authority
may accept appropriations, gifts, grants, bequests, and devises
and utilize or dispose of the same to carry out any provision of
sections 90 to 95. All gifts, grants, bequests, and revenues
from those sources are appropriated to the authority for the
purposes of sections 90 to 95. The funding may include, but is
not limited to, public utility investments and expenditures
ordered by the public utilities commission pursuant to the
provisions of section 216B.241.
Sec. 93. [116J.924] [ENERGY LOAN INSURANCE PROGRAM.]
Subdivision 1. [DEFINITIONS.] For purposes of this
section, the following terms have the meanings given:
(a) "Fund" means the energy loan insurance fund created by
subdivision 2.
(b) "Lender" means any state or federally chartered bank,
credit union, savings bank, savings and loan association,
savings association, trust company or a lender certified by the
secretary of housing and urban development or the administrator
of veterans affairs or approved or certified by the
administrator of the farmers home administration.
(c) "Energy loan" means a loan or advance of credit, with
security as may be required by the authority.
(d) "Qualified energy project" means acquiring, installing
or constructing land, buildings, capital improvements, or
equipment for (1) conservation of energy or use of alternative
or renewable energy resources in the operation of a business,
(2) recovery or production from alternative or renewable
resources of energy to be sold in the course of business, or (3)
production for sale in the course of business of equipment for
the conservation or recovery of energy or for the use of energy
from alternative or renewable resources.
Subd. 2. [ENERGY LOAN INSURANCE FUND.] An energy loan
insurance fund is created. The fund shall be used by the
authority as a revolving fund, and all money in the fund is
appropriated to the authority, for carrying out the provisions
of this section with respect to loans insured under subdivision
3.
Subd. 3. [INSURANCE OF LOANS.] (a) [AUTHORIZATION.] The
authority is authorized, upon application by a lender, to insure
loans for qualified energy projects as provided in this section;
and under terms as the authority may prescribe by rule, to make
commitments for the insuring of loans prior to the date of their
execution or disbursement.
(b) [ELIGIBILITY REQUIREMENTS.] The authority may by rule
establish requirements for energy loans to be eligible for
insurance under this section, relating to:
(1) maximum principal amount, amortization schedule,
interest rate, delinquency charges, and other terms;
(2) the portion of the loan to be insured;
(3) acceleration and other remedies;
(4) covenants regarding insurance, repairs, and maintenance
of the project;
(5) conditions regarding subordination of the loan
security, if any, of the project to other liens against the
property;
(6) the aggregate principal amount of loans to be insured
in relation to the reserves from time to time on hand in the
insurance fund, and priorities as to the loans to be insured;
and
(7) any other matters determined by the authority.
(c) [CONCLUSIVE EVIDENCE OF INSURABILITY.] Any contract of
insurance executed by the authority under this section shall be
conclusive evidence of the eligibility of the loan for
insurance, and the validity of any contract of insurance
properly executed and in the hands of any approved lender shall
not be contestable, except for fraud or misrepresentation on the
part of the lender.
(d) [PREMIUMS.] The authority is authorized to fix premium
charges for the insurance of loans under this section at levels
which in its judgment, taking into account other amounts
available in the fund, will be sufficient to cover and maintain
a reserve for loan losses.
(e) [PROCEDURES UPON DEFAULT.] The authority may establish
procedures to be followed by lenders and to be taken by the
authority in the event of default upon an energy loan, including:
(1) time for filing claims;
(2) rights and interests to be assigned and documents to be
furnished by the lender;
(3) principal and interest to be included in the claim; and
(4) conditions, if any, upon which the authority will pay
the entire principal amount in default, after foreclosure and
receipt of marketable title to the property.
Subd. 4. [INVESTMENT INTEREST.] All interest and profits
accruing from investment of the fund's money shall be credited
to and be a part of the fund, and any loss incurred in the
principal of the investments of the fund shall be borne by the
fund.
Subd. 5. [MAXIMUM AUTHORIZED INSURANCE.] The authority may
not at any time issue insurance under this section aggregating
in excess of an amount equal to the current balance contained in
the fund multiplied by ten.
Sec. 94. [116J.925] [ENERGY LOAN PROGRAM.]
Subdivision 1. [AUTHORITY TO MAKE LOANS.] The authority
may make loans to individuals, partnerships, corporations, or
other entities for the financing of capital improvements to be
used in connection with a trade or business if the principal
purpose of improvement is energy conservation, to reduce the
usage of conventional fuels as a source of energy, or to develop
Minnesota's alternative energy resources as provided by the
authority's rules.
Subd. 2. [REVENUE BONDS.] The authority may borrow money
and may issue bonds, notes, or other obligations as evidence of
the borrowing in accordance with sections 462A.08 to 462A.17,
all with the force and effect stated and the incidental powers
granted and duties imposed in those sections. The authority may
sell any of its obligations at public or private sale, at the
price or prices as the authority determines are appropriate,
notwithstanding the limitations on sale price in section 462A.09.
These obligations may be issued and loans made from the proceeds
in excess of the limitations contained in section 116J.90,
subdivisions 2 and 3, and section 116J.91, subdivision 11.
Subd. 3. [ENERGY DEVELOPMENT FUND.] An energy development
fund is created and is eligible to receive appropriations. The
authority may irrevocably pledge and appropriate all or a
segregated portion of the energy development fund to make
principal and interest payments when due on all or one or more
series of its obligations for which other funds are not
available, pursuant to the terms and conditions the authority
shall prescribe. Unless the energy development fund has been
pledged and appropriated to secure the obligations, the energy
development fund shall not be available to make principal or
interest payments on the obligations.
Subd. 4. [INVESTMENT INCOME.] All interest and profits
accruing from investment of the energy development fund's moneys
shall be credited to and be part of the energy development fund,
and any loss incurred in the principal of the investment of the
reserve fund shall be borne by the fund. Assets of the energy
development fund shall be invested only in direct obligations or
obligations of agencies of the United States or in insured
depository accounts, up to the amount of the insurance, in any
institution insured by an agency of the United States
government, or in other obligations or depository accounts
referred to in section 11A.24, subdivision 4, except clause (d)
of that subdivision. Other funds and revenues of the authority
shall be invested or deposited in the manner and with the
security provided in bond or note resolutions or indentures
under which obligations of the authority are issued for the
program.
Subd. 5. [ADDITIONAL POWERS.] In addition to the powers
specifically enumerated, the authority shall have any corporate
powers necessary to effectuate or appropriate to the efficient
implementation and operation of the revenue bond loan program
authorized by this section, except to the extent explicitly
limited by this section.
Subd. 6. [FUNDING.] All proceeds of the authority's bonds,
notes, and other obligations, any amounts granted or
appropriated to the authority to make, purchase, or insure
loans, or for bond reserves, all income from the investment
thereof, and all revenues from loans, fees, and charges of the
authority are annually appropriated to the authority to
accomplish its purposes and shall be expended, administered, and
accounted for in accordance with the applicable provisions of
all bond and note resolutions, indentures, and other
instruments, contracts, and agreements of the authority.
Sec. 95. [116J.926] [LOANS TO MUNICIPALITIES.]
Subdivision 1. [QUALIFIED ENERGY IMPROVEMENTS.] For the
purposes of this section, "qualified energy improvements" means
any capital improvements to public land or buildings, including
the installation of equipment, undertaken by a municipality for
the principal purpose of energy conservation or to reduce usage
of conventional energy sources, as provided by rules adopted by
the authority.
Subd. 2. [APPLICATIONS.] The authority shall establish
procedures, form, and the required contents of applications to
be made by municipalities for loans to finance the acquisition
or construction of qualified energy improvements when state
bonds are authorized and issued for this purpose.
Subd. 3. [MUNICIPAL OBLIGATION.] A loan shall not be made
to a municipality until it has entered into an agreement with
the state providing that the municipality shall make payments of
principal and interest at least equal in the aggregate to the
principal amount of the loan plus interest at the rate payable
on the state bonds. The annual amounts of the payments shall be
determined by the commissioner of finance, and need not coincide
with the principal and interest payments on the bonds. However,
the amounts due each year shall be payable prior to the times
transfers are required to be made pursuant to section 16A.65.
The agreement shall obligate the municipality to levy an ad
valorem property tax equal to the amounts necessary to make the
payments. The amount required to be levied may be reduced by
any other available amounts contained in a special fund
dedicated to payment of the loan obligation.
Subd. 4. [RECEIPTS.] The principal and interest in
repayment of the loans authorized by this section shall be
deposited in the state treasury and credited to the state bond
fund and are appropriated to the commissioner of finance for the
purpose of that fund.
Sec. 96. [116K.01] [STATE PLANNING AGENCY.]
Subdivision 1. [CREATION.] A state planning agency is
created in the executive branch of state government.
Subd. 2. [DIRECTOR.] The governor shall appoint a state
planning director in the unclassified service. He shall be
professionally competent in the fields of public administration
and planning and shall possess demonstrated ability, based upon
past performance, to perform the duties of state planning
director.
Subd. 3. [ORGANIZATION.] The director shall organize the
agency and employ the officers, employees, and agents as the
director deems necessary to discharge the functions of the
office, and define their duties. The director shall appoint a
deputy director and division directors, who shall serve in the
unclassified service of the state. To fulfill long-range
planning objectives requiring special projects anticipated to be
of limited duration, the director shall request temporary
unclassified positions pursuant to section 43A.08, subdivision
2a. All other officers, employees, and agents are in the
classified service of the state civil service.
Subd. 4. [STAFF.] The director shall employ personnel with
qualifications needed to perform the duties prescribed in
chapter 116K.
Sec. 97. [116K.02] [DEFINITIONS.]
Subdivision 1. [SCOPE.] For the purposes of chapter 116K,
the terms defined in this section have the meanings given them.
Subd. 2. [DIRECTOR.] "Director" means the state planning
director.
Subd. 3. [AGENCY.] "Agency" means the state planning
agency.
Sec. 98. Minnesota Statutes 1982, section 144A.53,
subdivision 4, is amended to read:
Subd. 4. [REFERRAL OF COMPLAINTS.] If a complaint received
by the director relates to a matter more properly within the
jurisdiction of an occupational licensing board, the office of
consumer services or any other governmental agency, the director
shall forward the complaint to that agency and shall inform the
complaining party of the forwarding. The agency shall promptly
act in respect to the complaint, and shall inform the
complaining party and the director of its disposition. If a
governmental agency receives a complaint which is more properly
within the jurisdiction of the director, it shall promptly
forward the complaint to the director, and shall inform the
complaining party of the forwarding. If the director has reason
to believe that any an official or employee of an administrative
agency or health facility has acted in a manner warranting
criminal or disciplinary proceedings, he shall refer the matter
to the state commissioner of health, the commissioner of public
welfare, an appropriate prosecuting authority, or any other
appropriate agency.
Sec. 99. Minnesota Statutes 1982, section 155A.03, is
amended by adding a subdivision to read:
Subd. 13. [COMMISSIONER.] "Commissioner" means the
commissioner of commerce.
Sec. 100. Minnesota Statutes 1982, section 155A.05, is
amended to read:
155A.05 [RULES.]
The director commissioner shall develop and adopt rules to
carry out the provisions of sections 155A.01 to 155A.18 by
December 31, 1982, pursuant according to chapter 14. For
purposes of sections 155A.01 to 155A.18, the director
commissioner may adopt temporary rules, pursuant according to
sections 14.29 to 14.36. These rules may be reissued as
temporary rules until permanent rules are adopted or until
December 31, 1982, whichever is earlier. These temporary rules
may provide that for any a renewal license issued by the
director commissioner within one year after July 1, 1981, the
term of renewal shall be either one, two, or three years. The
fee for a one-year renewal license shall be one-third of the fee
for a three-year renewal license, and the fee for a two-year
renewal shall be two-thirds of the three-year fee.
Sec. 101. Minnesota Statutes 1982, section 155A.18, is
amended to read:
155A.18 [PRIOR LICENSES.]
All licenses which were issued by the board of cosmetology
director of the office of consumer services under chapter 155
155A, shall continue in effect under the office of consumer
services commissioner until the licenses expire.
Sec. 102. Minnesota Statutes 1982, section 214.14,
subdivision 1, is amended to read:
Subdivision 1. There is established a human services
occupations advisory council to assist the commissioner of
health in formulating policies and rules pursuant according to
section 214.13. The commissioner shall determine the duties of
the council, shall establish procedures for the proper
functioning of the council including, but not limited to the
following: the method of selection of membership, the selection
of a committee chairman and methods of communicating
recommendations and advice to the commissioner for his
consideration. Each of the health related licensing boards, the
state examining committee for physical therapists, the consumer
services section of the department of commerce, the state
comprehensive health planning advisory council and the higher
education coordinating board shall have a representative
selected by the boards or section, committee, or council. The
governor shall appoint the remaining members who shall not
exceed 11 and shall include six persons broadly representative
of human services, particularly human services professions not
presently credentialed pursuant according to existing law, and
five public members. The committee shall expire and the terms
of the appointed members and the compensation and removal of all
members shall be as provided in section 15.059.
Sec. 103. [216A.085] [ENERGY ISSUES INTERVENTION OFFICE.]
Subdivision 1. [CREATION.] There is created within the
department of public service an intervention office to represent
the interests of Minnesota residents, businesses, and
governments before bodies and agencies outside the state that
make, interpret, or implement national and international energy
policy.
Subd. 2. [DUTIES.] The intervention office shall determine
those areas in which state intervention is most needed, most
likely to have a positive impact, and most effective for the
broad public interest of the state. The office shall seek
recommendations from appropriate public and private sources
before deciding which cases merit intervention.
Subd. 3. [STAFFING.] The intervention office shall be
under the control and supervision of the director of the
department of public service. The director may hire staff or
contract for outside services as needed to carry out the
purposes of this section. The attorney general shall act as
counsel in all intervention proceedings.
Sec. 104. Minnesota Statutes 1982, section 216B.16, is
amended by adding a subdivision to read:
Subd. 10. [INTERVENOR PAYMENT.] The commission may order a
utility to pay all or a portion of a party's intervention costs
not to exceed $20,000 per intervenor in any proceeding when the
commission finds that the intervenor has materially assisted the
commission's deliberation and the intervenor has insufficient
financial resources to afford the costs of intervention.
Sec. 105. Minnesota Statutes 1982, section 216B.62,
subdivision 2, is amended to read:
Subd. 2. Whenever the commission or department, in a
proceeding upon its own motion, on complaint, or upon an
application to it, shall deem it necessary, in order to carry
out the duties imposed by Laws 1974, Chapter 429 under this
chapter and section 103, to investigate the books, accounts,
practices, and activities of, or make appraisals of the property
of any public utility, or to render any engineering or
accounting services to any public utility, or to intervene
before an energy regulatory agency, the public utility shall pay
the expenses reasonably attributable to the investigation,
appraisal, or service, or intervention. The commission and
department shall ascertain the expenses, and the department
shall render a bill therefor to the public utility, either at
the conclusion of the investigation, appraisal, or services, or
from time to time during its progress, which bill shall
constitute notice of the assessment and a demand for payment.
The amount of the bills so rendered by the department shall be
paid by the public utility into the state treasury within 30
days from the date of rendition. The total amount, in any one
calendar year, for which any public utility shall become liable,
by reason of costs incurred by the commission within that
calendar year, shall not exceed two-fifths of one percent of the
gross operating revenue from retail sales of gas, or electric
service by the public utility within the state in the last
preceding calendar year. Where, pursuant to this subdivision,
costs are incurred within any calendar year which are in excess
of two-fifths of one percent of the gross operating revenues,
the excess costs shall not be chargeable as part of the
remainder under subdivision 3, but shall be paid out of the
general appropriation to the department and commission. In the
case of public utilities offering more than one public utility
service only the gross operating revenues from the public
utility service in connection with which the investigation is
being conducted shall be considered when determining this
limitation.
Sec. 106. Minnesota Statutes 1982, section 216B.62,
subdivision 3, is amended to read:
Subd. 3. The department and commission shall quarterly, at
least 30 days before the start of each quarter, estimate the
total of their expenditures in the performance of their duties
relating to public utilities under section 103, and sections
216B.01 to 216B.67, other than amounts chargeable to public
utilities under subdivision 2 or 6. The remainder shall be
assessed by the commission and department to the several public
utilities in proportion to their respective gross operating
revenues from retail sales of gas or electric service within the
state during the last calendar year. The assessment shall be
paid into the state treasury within 30 days after the bill has
been mailed to the several public utilities, which shall
constitute notice of the assessment and demand of payment
thereof. The total amount which may be assessed to the public
utilities, under authority of this subdivision, shall not exceed
one-eighth of one percent of the total gross operating revenues
of the public utilities during the calendar year from retail
sales of gas or electric service within the state. The
assessment for the second quarter of each fiscal year shall be
adjusted to compensate for the amount by which actual
expenditures by the commission and department for the preceding
fiscal year were more or less than the estimated expenditures
previously assessed.
Sec. 107. Minnesota Statutes 1982, section 299A.04, is
amended to read:
299A.04 [GRANTS-IN-AID TO YOUTH INTERVENTION PROGRAMS.]
Subdivision 1. The commissioner director may make grants
to nonprofit agencies administering youth intervention programs
in communities where the programs are or may be established.
"Youth intervention program" means a nonresidential
community based program providing advocacy, education,
counseling, and referral services to youth and their families
experiencing personal, familial, school, legal, or chemical
problems with the goal of resolving the present problems and
preventing the occurrence of the problems in the future.
Subd. 2. Applications for a grant-in-aid shall be made by
the administering agency to the commissioner director. The
grant-in-aid is contingent upon the agency having obtained from
the community in which the youth intervention program is
established local matching money two times the amount of the
grant that is sought.
The commissioner director shall provide by rule the
application form, procedures for making application form,
criteria for review of the application, and kinds of
contributions in addition to cash that qualify as local matching
money. No grant to any agency shall exceed $25,000.
Sec. 108. Minnesota Statutes 1982, section 325E.09,
subdivision 4a, is amended to read:
Subd. 4a. For the purposes of this section, octane rating
shall be determined in the manner described in the American
Society for Testing and Materials (ASTM) "Standard Specification
for Gasoline," D439-71 or such other manner as prescribed by the
director of consumer services by regulations the department of
public service in accordance with applicable rules, adopted
pursuant according to the Administrative procedures Procedure
Act. Such regulations shall The rules must only be promulgated
adopted to place Laws 1973, chapter 687 in accordance with
regulations promulgated by a federal agency.
Sec. 109. Minnesota Statutes 1982, section 325F.09, is
amended to read:
325F.09 [DEFINITIONS.]
(a) "Child" means any person less than 14 years of age;
(b) A toy presents an electrical hazard if, in normal use
or when subjected to reasonably foreseeable damage or abuse, its
design or manufacture may cause personal injury or illness by
electrical shock or electrocution;
(c) A toy presents a mechanical hazard if, in normal use or
when subjected to reasonably foreseeable damage or abuse, its
design or manufacture presents an unreasonable risk of personal
injury or illness:
(1) from fracture, fragmentation, or disassembly of the
article;
(2) from propulsion of the article or any part or accessory
thereof;
(3) from points or other protrusions, surfaces, edges,
openings, or closures;
(4) from moving parts;
(5) from lack or insufficiency of controls to reduce or
stop motion;
(6) as a result of self-adhering characteristics of the
article;
(7) because the article or any part or accessory thereof
may be aspirated or ingested;
(8) because of instability;
(9) from stuffing material which is not free of dangerous
or harmful substances; or
(10) because of any other aspect of the article's design or
manufacture.
(d) A toy presents a thermal hazard if, in normal use or
when subjected to reasonably foreseeable damage or abuse, its
design or manufacture presents an unreasonable risk of personal
injury or illness because of heat as from heated parts,
substances, or surfaces.
(e) "Toxic" means able to produce personal injury or
illness to a person through ingestion, inhalation, or absorption
through any body surface and can apply to any substance other
than a radioactive substance.
(f) "Flammable" means having a flash point up to 80 degrees
Fahrenheit as determined by the Tagliabue Open Cup Tester. The
flammability of solids and of the contents of self-pressurized
containers shall be determined by methods generally recognized
as applicable to the materials or containers and established by
regulations rules issued by the director commissioner.
(g) A toy presents a hazard of asphyxiation or suffocation
if, in normal use or when subject to reasonable foreseeable
damage or abuse, its design, manufacture or storage presents a
risk of personal injury or illness from interference with normal
breathing.
(h) "Director" "Commissioner" means the director
commissioner of the consumer services section of the department
of commerce.
(i) "Inspector" means an inspector of the consumer services
section of the department of commerce.
Sec. 110. Minnesota Statutes 1982, section 325F.11, is
amended to read:
325F.11 [TESTING OF ARTICLES TO DETERMINE AND INSURE
COMPLIANCE.]
The director commissioner or an authorized and qualified
employee or inspector, may undertake or provide for testing of
toys and other articles as he deems necessary to determine their
safety and fitness for commerce in this state in compliance with
the provisions of sections 325F.08 to 325F.18. The director
commissioner may contract or otherwise arrange with any testing
facility, public or private, for testing and reporting the
results. The director commissioner may, by regulation rule,
require that any toy or other article within the provisions of
sections 325F.08 to 325F.18 be adequately tested by the consumer
services section, a reputable testing facility, or the
manufacturer or distributor of the article, and that the
certified results of the test be filed with the director
commissioner before the sale, distribution, or other movement in
commerce within this state of the toys or articles. The
director commissioner may by regulation rule provide for
penalties for the failure to provide test results.
Sec. 111. Minnesota Statutes 1982, section 472.03,
subdivision 2, is amended to read:
Subd. 2. "State agency" "Authority" means the executive
council created and established by section 9.011 energy and
economic development authority.
Sec. 112. Minnesota Statutes 1982, section 472.13, is
amended to read:
472.13 [APPROPRIATION TO ECONOMIC DEVELOPMENT REVOLVING
FUND.]
Subdivision 1. [APPROPRIATION.] There is hereby
appropriated out of the general fund in the state treasury not
otherwise appropriated the sum of $1,500,000 to the state
executive council authority to be used for the purposes set
forth in these sections 472.01 to 472.16 excluding the necessary
cost of administration thereof. The sum hereby appropriated
shall be credited to a special account in the state treasury to
be known as the economic development revolving fund created in
section 73 to be drawn upon and used by the state agency
authority in the manner and for the purposes provided for in
these sections 472.01 to 472.16.
Subd. 2. [LOANS.] The state agency authority shall have
the power, from time to time, to draw upon the special account
in the economic development revolving fund such the amounts as
the state agency shall determine authority determines for loans
to local or area redevelopment agencies for the financing and
planning of redevelopment projects. When the amounts so
allocated by the state agency authority as loans to local or
area redevelopment agencies are repaid to the state agency
authority pursuant to the terms of its agreements with the local
agency, the state agency authority shall pay such the amounts
into the special account in the economic development revolving
fund, it being the purpose and intent of this section that said
fund the account shall operate as a revolving fund account
whereby all appropriations and payments made thereto to it may
be applied and reapplied to the purposes of these sections
472.01 to 472.16 and shall not revert to the general revenues
fund of the state.
Subd. 3. [EXCESS FUNDS.] In the event that If the state
agency shall determine authority determines that funds held for
the credit of the special account in the economic development
revolving fund are in excess of the amounts needed by the state
agency authority to carry out the purposes of these sections
472.01 to 472.16, the state agency authority may by resolution
release such the excess from the development revolving fund, the
same to be transferred account and transfer it to the general
revenues fund of the state treasury.
Subd. 4. [MATCHING FUNDS.] The state agency authority may
utilize any moneys in the revolving fund special account for the
purpose of matching federal funds available under the Public
Works and Economic Development Act of 1965.
Sec. 113. Minnesota Statutes 1982, section 474.01, is
amended by adding a subdivision to read:
Subd. 11. [EMPLOYMENT PREFERENCE.] The welfare of the
state requires that, whenever feasible, employment opportunities
made available in part by sections 474.01 to 474.15 or other
state law providing for financing mechanisms similar to those
described in those sections should be offered to individuals who
are unemployed or who are economically disadvantaged as defined
in the federal Job Training Partnership Act of 1982, Statutes at
Large, volume 96, page 1322. Every municipality, redevelopment
agency, or other person undertaking a project financed wholly or
in part by these financing mechanisms is encouraged to target
employment opportunities to qualified individuals who are
unemployed or economically disadvantaged. The intent of this
subdivision may be accomplished by but is not limited to
mechanisms such as a first source agreement in which the
employer agrees to use a designated employment office as a first
source for employment recruitment, referral, and placement.
Not later than July 1, 1984, and each July 1 for the
succeeding three years, every municipality, redevelopment
agency, or other person who undertakes a project financed wholly
or in part by these financing mechanisms shall submit an
employment report to the commissioner of energy and economic
development. The report shall be on forms provided by the
commissioner and shall include, but need not be limited to, the
following information:
(a) the total number of jobs created by the project,
(b) the number of unemployed and economically disadvantaged
persons hired, and
(c) the average wage level of the jobs created.
Sec. 114. [INSTRUCTIONS TO REVISOR.]
Subdivision 1. The revisor of statutes shall substitute
the term "commissioner of commerce" or "commissioner" or
"department" or similar terms as appropriate for the following
terms and similar terms, as necessary to reflect the transfers
of powers, duties, and responsibilities prescribed by this act:
(a) "commerce commission" meaning the state commerce
commission, "department of commerce," or "commerce department"
where those terms appear in Minnesota Statutes;
(b) "commissioner of banks," "commissioner of banking," or
"banking commissioner" where those terms appear in Minnesota
Statutes;
(c) "commissioner of insurance" or "insurance commissioner"
where those terms appear in Minnesota Statutes;
(d) "commissioner of securities and real estate" where that
term appears in Minnesota Statutes;
(e) "division" where that term appears in chapters 46 to
59A, and "banking division" or "division of banking" where those
terms appear in Minnesota Statutes;
(f) "division of insurance," "insurance division,"
"department of insurance," or "insurance department" where those
terms appear in Minnesota Statutes;
(g) "department of securities and real estate," "securities
and real estate department," "securities and real estate
division," or "division of securities and real estate" where
those terms appear in Minnesota Statutes;
(h) "department of administration" or "commissioner of
administration" where those terms appear in chapter 238; and
(i) "director of office of consumer services," "office of
consumer services," "consumer services section," where those
terms appear in chapter 155A and sections 325F.08 to 325F.18.
Subd. 2. The revisor of statutes shall renumber each
section specified in column A with the numbers set forth in
column B. The revisor shall also make necessary cross-reference
changes consistent with the renumbering.
Column A Column B
45.04 46.041
45.05 46.042
45.06 46.043
45.07 46.044
45.071 46.045
45.08 46.046
45.16 8.32
45.17 8.33
Sec. 115. [INSTRUCTIONS TO REVISOR.]
Subdivision 1. [TERMS.] (a) The revisor of statutes shall
substitute the terms "state planning director" or "director" or
"state planning agency" or "agency" or similar terms as
appropriate for the terms "commissioner" or "department" meaning
the commissioner or department of energy, planning and
development, and similar terms where those terms appear in
chapters 116C, 116D, and 116G, sections 116J.40 to 116J.54, and
other laws relating to the planning functions of the department
of energy, planning and development.
(b) The revisor of statutes shall remove the term "planning"
wherever it appears in Minnesota Statutes in reference to the
department of energy, planning and development, the commissioner
of energy, planning and development or similar terms to reflect
the removal of the planning functions from that department.
(c) The revisor of statutes shall substitute the terms
"commissioner of energy and economic development" or
"commissioner" for the terms meaning the commissioner or
department of energy, planning and development, where those
terms appear in sections 116J.04 to 116J.36 and 116J.58 to
116J.91, and other laws relating to the energy and economic
development functions of the department of energy, planning and
development.
(d) The revisor of statutes shall change the words
"commissioner," "commissioner of energy, planning and
development," "department," "agency," "state agency," "executive
council," or similar terms to "the energy and economic
development authority" wherever it appears in sections 116J.65
and 116J.67; and in chapters 472 and 474.
Subd. 2. [RENUMBERING.] The revisor of statutes shall
renumber each section specified in column A with the numbers in
column B. The revisor shall also make necessary cross-reference
changes consistent with the renumbering.
Column A Column B
116J.28 216B.242
116J.40 116K.01
116J.42 116K.04
116J.43 116K.05
116J.44 116K.06
116J.45 116K.07
116J.48 116K.08
116J.49 116K.09
116J.50 116K.10
116J.51 116K.11
116J.52 116K.12
116J.53 116K.13
116J.54 116K.14
299A.04 116K.15
Sec. 116. [INSTRUCTION TO REVISOR.]
The revisor of statutes shall change the words "agency" or
"small business finance agency" or similar terms to "authority"
or "energy and economic development authority" wherever it
appears in chapter 116J and other laws to reflect the change of
name made by this act.
Sec. 117. [TRANSFER OF TRADE AND EXPORT DEVELOPMENT
RESPONSIBILITIES.]
The responsibilities for trade and export development set
forth in Minnesota Statutes 1982, section 116J.58, subdivision
1, clause (9), are transferred from the commissioner of energy,
planning and development to the commissioner of agriculture
under the provisions of section 15.039.
Sec. 118. [APPROPRIATION.]
The sum of $196,900 is appropriated from the general fund
to the director of the department of public service for
intervention in energy policy development and regulatory
proceedings, to be available for the fiscal year ending June 30
in the years indicated.
1984 1985
$98,400 $98,500
The complement of the department is increased by one
position in the unclassified service.
Sec. 119. [REPEALER.]
Minnesota Statutes 1982, sections 45.01; 45.02; 45.021;
45.03; 45.031; 45.032; 45.033; 45.034; 45.15; 45.16,
subdivisions 4 and 5; 45.17, subdivision 6; 116J.02; 116J.41;
116J.42, subdivisions 3, 5, and 6; 116J.46; 116J.47; 116J.62;
116J.88, subdivision 3; 155A.03, subdivision 10; and 155A.17 are
repealed.
Sec. 120. [EFFECTIVE DATE.]
This act is effective July 1, 1983.
Approved June 7, 1983
Official Publication of the State of Minnesota
Revisor of Statutes