Office of the Revisor of Statutes
Minnesota Session Laws - 1984, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1984
CHAPTER 544-S.F.No. 1408
An act relating to state government; recodifying the
laws governing the department of administration;
allowing the commissioner of administration to
transfer to local government units certain supplies,
materials, and equipment; allowing the commissioner of
administration to charge a price sufficient to cover
costs when selling copies of laws and resolutions;
allowing the commissioner of administration to lease
office space and purchase supplies and equipment
without the approval of the governor; allowing the
commissioner of administration to provide for the use
of certain motor vehicles by the governor and
lieutenant governor; relating to the use of state
vehicles and compensation for use of personal vehicles;
including in the definition of the term "employee" for
purposes of workers' compensation a voluntary
uncompensated worker accepted by the commissioner of
administration; providing for criminal and juvenile
defense grants to be administered by the board of
public defense; specifying the United States
department of labor as the entity which designates a
labor surplus area; amending Minnesota Statutes 1982,
sections 15.014, subdivision 2; 15.0593; 15.62,
subdivision 2; 16A.065; 43A.08, subdivision 1; 43A.33,
subdivisons 1 and 3; and 645.445, subdivision 5; and
Minnesota Statutes 1983 Supplement, sections 43A.10,
subdivision 8; 43A.23, subdivision 1; 116L.03,
subdivision 6; and 176.011, subdivision 9; proposing
new law coded in Minnesota Statutes, chapters 16A and
611; proposing new law coded as Minnesota Statutes,
chapter 16B; repealing Minnesota Statutes 1982,
sections 16.01; 16.011; 16.012; 16.014; 16.02,
subdivisions 1, 2, 2a, 3, 4, 5, 5a, 6, 6a, 6b, 7, 8,
9, 10, 13, 15, 16, 17, 18, 19, 24, 25, 26, and 27;
16.021; 16.022; 16.023; 16.0231; 16.024; 16.025;
16.026; 16.028; 16.03; 16.04; 16.05; 16.06; 16.061;
16.062; 16.063; 16.064; 16.065; 16.066; 16.068; 16.07;
16.073; 16.075; 16.08; 16.081; 16.082; 16.083,
subdivision 2; 16.086, subdivision 2; 16.09; 16.095;
16.096; 16.098, subdivisions 1, 2, 3, 5, 6, 7, 8, 9,
10, and 11; 16.12; 16.125; 16.135; 16.139; 16.172;
16.21; 16.22; 16.23; 16.24; 16.243; 16.244; 16.251;
16.281; 16.32, subdivisions 1, 3, and 4; 16.34;
16.365; 16.381; 16.51; 16.52; 16.53; 16.54; 16.55;
16.56; 16.71; 16.72; 16.723; 16.73; 16.75,
subdivisions 1, 2, 3, 4, 5, 6, and 8; 16.753,
subdivisions 1, 2, 4, 5, and 6; 16.756; 16.76; 16.77;
16.78; 16.80; 16.81; 16.811; 16.82, subdivision 2;
16.821; 16.822; 16.823; 16.824; 16.825; 16.826;
16.827; 16.83; 16.84; 16.85; 16.851, subdivisions 1
and 2; 16.854; 16.86; 16.861, subdivisions 1, 2, 4, 5,
6, and 7; 16.862; 16.8632; 16.864; 16.865; 16.866,
subdivision 2; 16.867; 16.868; 16.869; 16.871; 16.872,
subdivisions 1, 2, and 3; 16.874; 16.88; 16.89; 16.90,
subdivisions 1, 2, and 3; 16.931; 16.94; 16.95; 16.955;
16.96; and 16.97; and Minnesota Statutes 1983
Supplement, sections 16.02, subdivisions 10a, 14, 28,
and 29; 16.072; 16.0721; 16.083, subdivisions 1, 1a,
3, 4, 4a, 4b, 5 and 6; 16.084; 16.085; 16.086,
subdivision 1; 16.092; 16.098, subdivision 4; 16.28;
16.32, subdivision 2; 16.321; 16.75, subdivisions 7
and 9; 16.753, subdivision 3; 16.82, subdivision 1;
16.851, subdivision 3; 16.861, subdivision 3; 16.863;
16.866, subdivision 1; 16.872; 16.90, subdivision 4;
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1982, section 15.014,
subdivision 2, is amended to read:
Subd. 2. [CREATION; LIMITATIONS.] A commissioner of a
state department, a state board or other agency having the
powers of a board as defined in section 15.012, may create
advisory task forces to advise the commissioner or agency on
specific programs or topics within the jurisdiction of the
department or agency. A task force so created shall have no
more than 15 members. The task force shall expire and the terms
and removal of members shall be as provided in section 15.059,
subdivision 6. The members of no more than four task forces
created pursuant to this section in a department or agency may
be paid expenses in the same manner and amount as paid to state
employees authorized by the commissioner's plan adopted
according to section 43A.18, subdivision 2. No member of a task
force shall be compensated for his services in a manner not
provided for in statute. A commissioner, board, council,
committee, or other state agency may not create any other
multi-member agency unless specifically authorized by statute or
unless the creation of the agency is authorized by federal law
as a condition precedent to the receipt of federal money.
Sec. 2. Minnesota Statutes 1982, section 15.0593, is
amended to read:
15.0593 [AGENCIES CREATED BY EXECUTIVE ORDER.]
The governor may by executive order create in his office
advisory task forces, councils and committees to advise or
assist him on matters relating to the laws of this state. A
task force, council or committee so created shall have no more
than 15 members, and vacancies may be filled by the governor.
Members of a task force, council or committee shall receive no
per diem but may be paid expenses in the same manner as state
employees as authorized by the commissioner's plan adopted
according to section 43A.18, subdivision 2. A task force,
council or committee shall expire two years after the date of
order unless otherwise specified consistent with section 4.035,
subdivision 3. The task force, council or committee shall be
named beginning with the prefix "Governor's Task Force on,"
"Governor's Council on" or "Governor's Committee on." The
governor shall not create a board, commission, authority or
other similar multi-member agency except as provided in this
section. A multi-member agency previously created by executive
order shall be renamed and shall be consistent with the
provisions of this section. Nothing in this section shall
apply, to the extent inconsistent with statute or federal law,
to any multi-member agency specifically authorized by statute or
specifically authorized by federal law as a condition precedent
to the receipt of federal moneys.
Sec. 3. Minnesota Statutes 1982, section 15.62,
subdivision 2, is amended to read:
Subd. 2. A public employee who qualifies as a member of
the United States Olympic team for athletic competition on the
world, Pan American or olympic level, in a sport contested in
either Pan American or olympic competitions in a sport
sanctioned by the International Olympic Committee, shall be
granted a leave of absence without loss of pay or other benefits
or rights for the purpose of preparing for and engaging in the
competition. In no event shall the paid leave under this
section exceed the period of the official Olympic training camp
and Olympic competition combined or 90 calendar days a in an
Olympic year, whichever is less.
Sec. 4. Minnesota Statutes 1982, section 16A.065, is
amended to read:
16A.065 [ADVANCE PAYMENTS AND DEPOSITS.]
Notwithstanding any other law to the contrary, the
commissioner of finance may allow advance deposits or payments
by any department for the procurement of software or software
maintenance services for state-owned or leased electronic data
processing equipment, and may allow advance deposits by any
department with the Library of Congress and federal Supervisor
of Documents for items to be purchased from those federal
agencies.
Sec. 5. [16A.722] [REIMBURSEMENT FOR LOSS OR DAMAGE TO
STATE PROPERTY, USE OF PROCEEDS.]
Notwithstanding any other law to the contrary, a state
department or agency that receives a reimbursement for the loss
of or damage to state property may deposit the reimbursement in
the current year's account. The reimbursement is reappropriated
for the purpose of replacing or repairing the state property.
COMMISSIONER OF ADMINISTRATION
Sec. 6. [16B.01] [DEFINITIONS.]
Subdivision 1. For purposes of chapter 16B, the following
terms have the meanings given them, unless the context clearly
indicates otherwise.
Subd. 2. [AGENCY.] "Agency" means any state officer,
employee, board, commission, authority, department, or other
agency of the executive branch of state government.
Subd. 3. [COMMISSIONER.] "Commissioner" means the
commissioner of administration.
Subd. 4. [STATE CONTRACT.] "State contract" means any
written instrument containing the elements of offer, acceptance
and consideration to which a state agency is a party.
Subd. 5. [SUPPLIES, MATERIALS, AND EQUIPMENT.] "Supplies,"
"materials," and "equipment" includes articles and things used
by or furnished to an agency, including printing, binding, and
publication of books and records, repairs, and improvements.
Subd. 6. [UTILITY SERVICES.] "Utility services" includes
telephone, telegraph, postal, electric light, and power service,
and all other services required for the maintenance, operation,
and upkeep of buildings and offices.
Sec. 7. [16B.02] [DEPARTMENT OF ADMINISTRATION.]
The department of administration is under the supervision
and control of the commissioner of administration, who is
appointed by the governor under section 15.06.
Sec. 8. [16B.03] [APPOINTMENTS.]
The commissioner is authorized to appoint staff, including
a deputy commissioner, in accordance with chapter 43A.
Sec. 9. [16B.04] [AUTHORITY.]
Subdivision 1. [RULEMAKING AUTHORITY.] Subject to chapter
14, the commissioner may adopt, amend, and rescind rules
relating to any purpose, responsibility, or authorization in
chapter 16B. Rules adopted must comply with any provisions in
chapter 16B which specify or restrict the adoption of particular
rules.
Subd. 2. [POWERS AND DUTIES, GENERAL.] Subject to other
provisions of this chapter, the commissioner is authorized to:
(1) supervise, control, review, and approve all state
contracts and purchasing;
(2) provide agencies with supplies and equipment and
operate all central store or supply rooms serving more than one
agency;
(3) approve all computer plans and contracts, and oversee
the state's data processing system;
(4) investigate and study the management and organization
of agencies, and reorganize them when necessary to ensure their
effective and efficient operation;
(5) manage and control state property, real and personal;
(6) maintain and operate all state buildings including the
state capitol building and grounds;
(7) supervise, control, review, and approve all capital
improvements to state buildings and the capitol building and
grounds;
(8) provide central duplicating, printing, and mail
facilities;
(9) oversee publication of official documents and provide
for their sale;
(10) manage and operate parking facilities for state
employees and a central motor pool for travel on state business;
and
(11) establish and administer a state building code.
Subd. 3. [DELEGATION FROM GOVERNOR.] The governor, unless
otherwise provided by law, may delegate to the commissioner the
administration of programs and projects of the office of the
governor directed by either state or federal law, or which may
be made available to the state under a grant of funds either
public or private. Unless specifically prohibited by law, the
governor may delegate to the commissioner general supervision of
any program or activity of any agency the head of which is
either appointed by the governor or by a gubernatorially
appointed board. The provisions of this subdivision shall not
be construed as authority to transfer programs or activities, or
part of them, from one department to another.
Sec. 10. [16B.05] [DELEGATION BY COMMISSIONER.]
Subdivision 1. [DELEGATION OF DUTIES BY COMMISSIONER.] The
commissioner may delegate duties imposed by this chapter to the
head of an agency and to any of his subordinates. Delegated
duties are to be exercised in the name of the commissioner and
under his supervision and control.
Subd. 2. [FACSIMILE SIGNATURES.] When authorized by the
commissioner, facsimile signatures may be used by personnel of
the department of administration in accordance with his
delegated authority and his instructions, copies of which shall
be filed with the commissioner of finance, state treasurer, and
the secretary of state. A facsimile signature, when used in
accordance with his delegated authority and his instructions, is
as effective as an original signature.
CONTRACTS AND PURCHASES
Sec. 11. [16B.06] [CONTRACT MANAGEMENT AND REVIEW.]
Subdivision 1. [DUTIES OF COMMISSIONER.] (a) [CONTRACT
MANAGEMENT.] The commissioner shall perform all contract
management and review functions for state contracts, except
those functions performed by the contracting agency, the
attorney general, or the commissioner of finance. All agencies
shall fully cooperate with the commissioner in the management
and review of state contracts. A delegation of the
commissioner's duties under this section to the head of an
agency must be filed with the secretary of state and may not,
except with respect to delegations within the department of
administration, exceed two years in duration.
(b) [PURCHASING.] The commissioner shall purchase, rent, or
otherwise provide for the furnishing of all supplies, materials,
equipment, and utility services. The commissioner may lease,
rent, or sell supplies, equipment, and services to agencies. The
commissioner shall purchase from the state correctional
institutions, the University of Minnesota, and other state
institutions all articles manufactured by them which are usable
by the state. All purchase orders must be made on a form
prescribed by the attorney general.
Subd. 2. [VALIDITY OF STATE CONTRACTS.] A state contract
or lease is not valid and the state is not bound by it until it
has first been executed by the head of the agency which is a
party to the contract and has been approved in writing by the
commissioner or a delegate, under this section, by the attorney
general or a delegate as to form and execution, and by the
commissioner of finance or a delegate who shall determine that
the appropriation and allotment have been encumbered for the
full amount of the contract liability. The head of the agency
may delegate the execution of specific contracts or specific
types of contracts to a deputy or assistant head within his
agency if the delegation has been approved by the commissioner
of administration and filed with the secretary of state. A copy
of every contract or lease extending for a term longer than one
year must be filed with the commissioner of finance.
Subd. 3. [CONTRACT ADMINISTRATION.] Upon entering into a
state contract, an agency bears full responsibility for the
diligent administration and monitoring of the contract. The
commissioner may require an agency to report to the commissioner
at any time on the status of any outstanding state contract to
which the agency is a party.
Subd. 4. [SUBJECT TO AUDIT.] A contract made by or under
the supervision of the commissioner, an agency, or any county or
unit of local government shall include an audit clause that
provides that the books, records, documents, and accounting
procedures and practices of the contractor relevant to the
contract are subject to examination by the contracting agency,
and either the legislative auditor or the state auditor as
appropriate.
Subd. 5. [AUTHORITY OF ATTORNEY GENERAL.] The attorney
general may sue to avoid the obligation of an agency to pay
under a state contract or to recover payments made if services
performed under the contract are so unsatisfactory, incomplete,
or inconsistent with the price that payment would involve unjust
enrichment. The contrary opinion of the contracting agency does
not affect the power of the attorney general under this
subdivision.
Sec. 12. [16B.07] [COMPETITIVE BIDS.]
Subdivision 1. [APPLICATION.] Except as otherwise provided
by this chapter, all contracts for construction or repairs and
all purchases of and all contracts for supplies, materials,
purchase or rental of equipment, and utility services must be
based on competitive bids, and all sales of property must be to
the highest responsible bidder after advertising for bids
pursuant to this section.
Subd. 2. [REQUIREMENT CONTRACTS.] Standard requirement
price contracts for supplies or services to be purchased by the
state must be established by competitive bids. The standard
requirement price contracts may contain escalation clauses and
may provide for a negotiated price increase or decrease based
upon a demonstrable industrywide or regional increase or
decrease in the vendor's costs. The term of these contracts may
not exceed two years with an option on the part of the state to
renew for an additional two years.
Subd. 3. [PUBLICATION OF NOTICE; EXPENDITURES OVER
$5,000.] If the amount of an expenditure or sale is estimated to
exceed $5,000, sealed bids must be solicited by public notice
inserted at least once in a newspaper or trade journal not less
than seven days before the final date of submitting bids. The
commissioner shall designate the newspaper or trade journal for
that publication, and may designate different newspapers or
journals according to the nature of the purchase or contract.
The commissioner shall also solicit sealed bids by sending
notices by mail to all prospective bidders known to the
commissioner, and by posting notice on a public bulletin board
in the commissioner's office at least five days before the final
date of submitting bids. All bids must be sealed when they are
received and must be opened in public at the hour stated in the
notice. All original bids and all documents pertaining to the
award of a contract must be retained and made a part of a
permanent file or record and remain open to public inspection.
Subd. 4. [PURCHASES, SALES, OR RENTALS; $5,000 OR LESS.]
All purchases or sales the amount of which is estimated to be
$5,000 or less may be made either upon competitive bids or in
the open market, in the discretion of the commissioner. So far
as practicable, however, they must be based on at least three
competitive bids which must be permanently recorded.
Subd. 5. [STANDARD SPECIFICATIONS, SECURITY.] Contracts
and purchases must be based on the standard specifications
prescribed and enforced by the commissioner under this chapter,
unless otherwise expressly provided. Each bidder for a contract
must furnish security approved by the commissioner to insure the
making of the contract for which he bids.
Sec. 13. [16B.08] [BIDS NOT REQUIRED.]
Subdivision 1. [UTILITY SERVICES.] Competitive bids are
not required for utility services where no competition exists or
where rates are fixed by law or ordinance.
Subd. 2. [SINGLE SOURCE OF SUPPLY.] Competitive bidding is
not required for purchases clearly and legitimately limited to a
single source of supply, and the purchase price may be best
established by direct negotiation.
Subd. 3. [AUCTION IN LIEU OF BIDS.] The commissioner, in
lieu of advertising for bids, may sell buildings and other
personal property owned by the state and not needed for public
purposes at public auction to the highest responsible bidder. A
sale under this subdivision may not be made until publication of
notice of the sale in a newspaper of general circulation in the
area where the property is located and any other advertising the
commissioner directs. Any of the property may be withdrawn from
the sale prior to the completion of the sale unless the auction
has been announced to be without reserve. If the sale is made
at public auction a duly licensed auctioneer must be retained to
conduct the sale. The auctioneer's fees must be paid from the
proceeds from which an amount sufficient to pay them is
appropriated.
Subd. 4. [NEGOTIATED CONTRACTS.] In lieu of any of the
other requirements of this chapter, the commissioner may
negotiate a contract for public work to be performed at a state
owned institution or installation if the cost does not exceed
$5,000 and if the head of the affected state agency requests the
commissioner to do so. The commissioner shall have prepared
whatever plans and specifications for the public work he deems
necessary to protect the public interest. Contractor's bonds or
security pursuant to chapter 574 are not required for contracts
entered into pursuant to this subdivision.
Subd. 5. [FEDERAL GENERAL SERVICES ADMINISTRATION PRICE
SCHEDULES.] Notwithstanding anything in this chapter to the
contrary, the commissioner may, instead of soliciting bids,
contract for purchases with suppliers who have published
schedules of prices effective for sales to the General Services
Administration of the United States. These contracts may be
entered into, regardless of the amount of the purchase price, if
the commissioner considers them advantageous and if the purchase
price of all the commodities purchased under the contract do not
exceed the price specified by the schedule.
Subd. 6. [EMERGENCY PURCHASES.] In emergencies the
commissioner may, without calling for bids, contract directly
for the repair, rehabilitation, and improvement of a state owned
structure or may authorize an agency to do so, and may purchase
or may authorize an agency to purchase directly supplies,
materials, equipment, or utility services for immediate use. An
emergency for the purposes of this subdivision is an unforeseen
occurrence or combination of circumstances which calls for
immediate action in the public interest.
Subd. 7. [SPECIFIC PURCHASES.] The following may be
purchased without regard to the competitive bidding requirements
of this chapter:
(1) fiber used in the manufacture of binder twine, ply
twines, and rope at the state correctional facilities;
(2) merchandise for resale at state park refectories or
facility operations;
(3) farm and garden products, which may be sold at the
prevailing market price on the date of the sale;
(4) meat for other state institutions from the vocational
school maintained at Pipestone by Independent School District
No. 583; and
(5) furniture from the Minnesota correctional facility-St.
Cloud.
Sec. 14. [16B.09] [CONTRACTS AND PURCHASES, AWARD.]
Subdivision 1. [LOWEST RESPONSIBLE BIDDER.] All state
contracts and purchases made by or under the supervision of the
commissioner or an agency for which competitive bids are
required must be awarded to the lowest responsible bidder,
taking into consideration conformity with the specifications,
terms of delivery, and other conditions imposed in the call for
bids. The commissioner may decide which is the lowest
responsible bidder for all purchases. As to contracts other
than for purchases, the head of the interested agency shall make
the decision, subject to the approval of the commissioner. Any
bid may be rejected. In a case where competitive bids are
required and where all bids are rejected, new bids, if
solicited, must be called for as in the first instance, unless
otherwise provided by law.
Subd. 2. [ALTERATIONS AND ERASURES.] A bid containing an
alteration or erasure of any price contained in the bid which is
used in determining the lowest responsible bid must be rejected
unless the alteration or erasure is corrected pursuant to this
subdivision. An alteration or erasure may be crossed out and
the correction printed in ink or typewritten adjacent to it and
initialed in ink by the person signing the bid.
Subd. 3. [SPECIAL CIRCUMSTANCES.] The commissioner may
reject the bid of any bidder who has failed to perform a
previous contract with the state. In the case of identical low
bids from two or more bidders, the commissioner may, in his
discretion, use negotiated procurement methods with the tied low
bidders for that particular transaction, so long as the price
paid does not exceed the low tied bid price.
Subd. 4. [RECORD.] A record must be kept of all bids,
including names of bidders, amounts of bids, and each successful
bid. This record is open to public inspection.
Sec. 15. [16B.10] [RECIPROCAL PREFERENCE.]
Subdivision 1. [RESIDENT PREFERENCE.] When a public
contract is to be awarded to the lowest responsible bidder a
resident bidder must be given preference over a nonresident
bidder from a state which gives or requires a preference to
bidders from that state. The preference shall be equal to the
preference given or required by the state of the nonresident
bidder.
Subd. 2. [DEFINITION.] "Resident bidder" as used in this
section means a person, firm, or corporation authorized to
engage in business in the state of Minnesota and having a bona
fide establishment for doing business within the state of
Minnesota on the date when any bid for a public contract is
first advertised or announced, and includes a foreign
corporation authorized to engage in business in Minnesota and
having a bona fide establishment for the doing of business
within the state.
Subd. 3. [EXCEPTION.] The provisions of subdivisions 1 and
2 do not apply to a contract for a project for which federal
funds are available.
Sec. 16. [16B.11] [PREFERENCE FOR MINNESOTA CONTRACTORS.]
Subdivision 1. [DEFINITIONS.] For the purposes of this
section, the following terms have the meanings given them:
(a) "Municipality" has the meaning assigned to it in
section 471.345, subdivision 1;
(b) "Public agency" includes all state agencies, the
University of Minnesota, the state university board, and the
state board for community colleges;
(c) "Resident" means:
(1) any individual who has been a resident of Minnesota for
one year or more immediately prior to bidding on or performing
work under the contract;
(2) any partnership or association whose members have been
residents of Minnesota for one year or more immediately prior to
bidding on or performing work under the contract; and
(3) a corporation, incorporated in Minnesota, which has
been in existence for one year or more immediately prior to
bidding on or performing work under the contract, or which has
its principal place of business in Minnesota; and
(d) "State agency" means an agency as defined in section
14.02, subdivision 2.
Subd. 2. [RESIDENT CONTRACTORS PREFERRED.] Notwithstanding
any other law to the contrary, a contract awarded by a public
agency for the engineering services, erection, construction,
alteration, or repair of a public building or structure, or for
any public work or improvement for which competitive bidding is
not required by law, must be awarded to a Minnesota resident. If
competitive bidding is required by law, the contract must be
awarded to the resident making the lowest responsible bid if the
resident's bid is not more than ten percent higher than the
lowest responsible nonresident bid. A successful resident
bidder may not subcontract more than 20 percent of the work
covered by the contract to nonresident subcontractors.
Subd. 3. [MINNESOTA LABOR PREFERRED.] All contracts
subject to subdivision 2 must require that, wherever possible,
resident laborers, workers, and mechanics be used to perform all
work covered by the contract.
Subd. 4. [PREFERENCE SUBJECT TO FEDERAL LAW.] The
provisions of this section are subject to applicable laws of the
United States and regulations of federal agencies governing the
use and payment of funds granted or advanced by the United
States.
Sec. 17. [16B.12] [PREFERENCE FOR MINNESOTA AND AMERICAN
MADE MATERIALS.]
Subdivision 1. [DEFINITIONS.] As used in this section, the
following terms have the meanings given them:
(a) "Public agency" has the meaning assigned to it in
section 16, subdivision 1, clause (b), and includes any
contractor acting pursuant to a contract with a public agency;
(b) "Materials" means any goods, supplies, equipment or any
other tangible products or materials, including foods;
(c) "Manufactured" means mined, grown, produced,
manufactured, fabricated or assembled;
(d) "Manufactured in Minnesota" means manufactured in whole
or in substantial part within Minnesota, or that the majority of
its components were manufactured in whole or in substantial part
in Minnesota, or manufactured in the United States by an
individual, corporation, partnership or association;
(e) "Manufactured in the United States" means manufactured
in whole or in substantial part within the United States or that
the majority of the component parts thereof were manufactured in
whole or in substantial part in the United States;
(f) "Purchase" means acquire by purchase or lease.
Subd. 2. [PURCHASE PREFERENCE.] Notwithstanding the
provisions of any other law to the contrary, no materials may be
purchased by a public agency for use for governmental purposes
which are not manufactured in Minnesota or the United States,
except as may be provided in this section. When all other
factors are substantially equal, preference must be given first
to those products which are manufactured to the greatest extent
in Minnesota, and second to those products which are
manufactured to the greatest extent in the United States. To
the extent possible, specifications must be written so as to
permit the public agency to purchase materials manufactured in
Minnesota.
Subd. 3. [EXEMPTIONS.] Subdivision 2 does not apply if the
person having contracting authority in respect to the purchase
determines that (1) the materials are not manufactured in
Minnesota or the United States in sufficient or reasonably
available quantities, (2) the price or bid of the materials
exceeds by more than ten percent the price or bid of available
and comparable materials manufactured outside of Minnesota or
the United States, (3) the quality of the materials is
substantially less than the quality of comparably priced
available materials manufactured outside of Minnesota or the
United States, or (4) the purchase of the materials manufactured
in Minnesota or the United States is otherwise not in the public
interest. Subdivision 2 also does not apply if the materials
are purchased with a view to commercial resale or with a view to
use in the production of goods for commercial sale.
SPECIAL PURCHASING SITUATIONS
Sec. 18. [16B.13] [ADVERTISEMENT OF HIGHWAY CONTRACTS.]
Notwithstanding anything in chapter 16B to the contrary,
all contracts for the repair, improvement, maintenance, or
construction of highways or highway bridges must be advertised
and let as provided by law for highway construction contracts.
Sec. 19. [16B.14] [CERTAIN VEHICLES.]
Upon the written request of the commissioner of public
safety, motor vehicles for specific use by investigative and
undercover agents of the department of public safety must be
purchased by the brand make and model. All other provisions of
this chapter relating to competitive bidding apply to purchases
covered by this section.
Sec. 20. [16B.15] [ELECTRONIC DATA PROCESSING EQUIPMENT.]
Subdivision 1. [COMMISSIONER MAY REJECT BIDS.] The
commissioner may reject all bids for electronic data processing
equipment, related equipment, and software and may negotiate a
contract for this equipment if the commissioner finds the bids
to be unsatisfactory because of failure to fully comply with the
specifications, terms, and conditions of the call for bids. The
contract must be awarded to the vendor offering the lowest price
to the state taking into consideration the specifications,
terms, and conditions agreed upon pursuant to negotiation.
Subd. 2. [EQUIPMENT.] The commissioner may purchase, sell,
repurchase or otherwise undertake the acquisition, rental or
disposal of electronic data processing equipment as best serves
the interests of the state, provided, however, the commissioner
shall adhere to the competitive bidding requirements of chapter
16.
Sec. 21. [16B.16] [ENERGY EFFICIENCY INSTALLMENT
PURCHASES.]
The commissioner shall contract to purchase by installment
payments capital or other equipment or services intended to
improve the energy efficiency of a state building or facility if:
(1) the term of the contract does not exceed ten years;
(2) the entire cost of the contract is a percentage of the
resultant savings in energy costs;
(3) the contract for purchase is competitive; and
(4) the state may unilaterally cancel the agreement if the
legislature fails to appropriate funds to continue the contract.
The commissioner may spend money appropriated for energy
costs in payment of a contract under this section.
Sec. 22. [16B.17] [CONSULTANTS AND TECHNICAL SERVICES.]
Subdivision 1. [TERMS.] For purposes of this section, the
following terms have the meanings given them:
(a) [CONSULTANT SERVICES.] "Consultant services" means
services which are intellectual in character; which do not
involve the provision of supplies or materials; which include
analysis, evaluation, prediction, planning, or recommendation;
and which result in the production of a report.
(b) [PROFESSIONAL AND TECHNICAL SERVICES.] "Professional
and technical services" means services which are predominantly
intellectual in character; which do not involve the provision of
supplies or materials; and in which the final result is the
completion of a task rather than analysis, evaluation,
prediction, planning, or recommendation.
Subd. 2. [PROCEDURE FOR CONSULTANT AND PROFESSIONAL AND
TECHNICAL SERVICES CONTRACTS.] Before approving a proposed state
contract for consultant services or professional and technical
services the commissioner must determine, at least, that:
(1) all provisions of section 24 and subdivision 3 of this
section have been verified or complied with;
(2) the work to be performed under the contract is
necessary to the agency's achievement of its statutory
responsibilities, and there is statutory authority to enter into
the contract;
(3) the contract will not establish an employment
relationship between the state or the agency and any persons
performing under the contract;
(4) no current state employees will engage in the
performance of the contract;
(5) no state agency has previously performed or contracted
for the performance of tasks which would be substantially
duplicated under the proposed contract; and
(6) the contracting agency has specified a satisfactory
method of evaluating and using the results of the work to be
performed.
Subd. 3. [DUTIES OF CONTRACTING AGENCY.] Before an agency
may seek approval of a consultant or professional and technical
services contract valued in excess of $2,000, it must certify to
the commissioner that:
(1) no state employee is able to perform the services
called for by the contract;
(2) the normal competitive bidding mechanisms will not
provide for adequate performance of the services;
(3) the services are not available as a product of a prior
consultant or professional and technical services contract, and
the contractor has certified that the product of his services
will be original in character;
(4) reasonable efforts were made to publicize the
availability of the contract;
(5) the agency has received, reviewed, and accepted a
detailed work plan from the contractor for performance under the
contract; and
(6) the agency has developed, and fully intends to
implement, a written plan providing for the assignment of
specific agency personnel to a monitoring and liaison function;
the periodic review of interim reports or other indications of
past performance, and the ultimate utilization of the final
product of the services.
Subd. 4. [REPORTS.] After completion of performance under
a consultant or professional and technical services contract,
the agency shall evaluate the performance under the contract and
the utility of the final product. This evaluation must be
delivered to the commissioner, who shall retain all the
evaluations for future reference. The commissioner shall submit
to the governor and the legislature a monthly listing of all
contracts for consultant services and for professional and
technical services executed or disapproved in the preceding
month. The report must identify the parties and the contract
amount, duration, and tasks to be performed. The commissioner
shall also issue quarterly reports summarizing the contract
review activities of the department during the preceding quarter.
Subd. 5. [CONTRACT TERMS.] A consultant or technical and
professional services contract must by its terms permit the
agency to unilaterally terminate the contract prior to
completion, upon payment of just compensation, if the agency
determines that further performance under the contract would not
serve agency purposes. If the final product of the contract is
to be a report, no more than three copies of the report, one in
camera ready form, shall be submitted to the agency. One of the
copies must be filed with the legislative reference library.
Sec. 23. [16B.18] [SHELTERED WORKSHOPS; PROCUREMENT OF
PRODUCTS AND SERVICES; WORK ACTIVITY PROGRAMS.]
Subdivision 1. [PRODUCT AND SERVICE LIST.] The
commissioner in consultation with the commissioner of economic
security shall prepare a list containing products and services
of state certified sheltered workshops and work activity
programs for procurement use by state agencies and institutions.
The commissioner shall determine the fair market price for
listed products and services. In determining the fair market
price the commissioner shall consider (1) open market bid prices
in previous years for similar products and services, and (2)
cost increases for both labor and materials. The price paid may
not exceed by more than five percent the fair market price.
State agencies and institutions shall, after promulgation of the
product and service list by the commissioner, procure listed
products and services from sheltered workshops and work activity
programs in preference to procurement from other suppliers or
sources with the exceptions in this section. The provisions of
this chapter relating to competitive bidding do not apply to
purchases made in accordance with this section.
Subd. 2. [PRODUCTS AND SERVICES AVAILABLE ELSEWHERE.] When
any listed products or services are available for procurement
from any state agency or institution and procurement from the
agency or institution is required by law, the procurement must
be made in accordance with that law.
Subd. 3. [RULES.] Rules under this section may provide a
procedure by which the commissioner shall determine product
specifications, quality standards, and timing of delivery to be
complied with by the sheltered workshop and work activity
program boards on purchases made under this section. The list
to be prepared pursuant to subdivision 1 shall not be
promulgated as a rule.
Subd. 4. [SELECTION OF NONPROFIT CORPORATION.] The
commissioner may select a nonprofit corporation organized under
chapter 317 to facilitate distribution of orders among sheltered
workshops and work activity programs. The corporation shall
distribute orders so as to afford each sheltered workshop and
work activity program an equal opportunity to obtain orders.
Sec. 24. [16B.19] [PROCUREMENT FROM SMALL BUSINESSES.]
Subdivision 1. [SMALL BUSINESS AND MINNESOTA CORRECTIONAL
INDUSTRIES SET-ASIDES.] The commissioner shall for each fiscal
year designate and set aside for awarding to small businesses
and Minnesota correctional industries approximately 25 percent
of the value of anticipated total state procurement of goods and
services including printing and construction. The commissioner
shall divide the procurements so designated into contract award
units of economically feasible production runs in order to
facilitate offers or bids from small businesses and Minnesota
correctional industries. In making his annual designation of
set-aside procurements the commissioner shall attempt (1) to
vary the included procurements so that a variety of goods and
services produced by different small businesses are set aside
each year, and (2) to designate set-aside procurements in a
manner that will encourage proportional distribution of
set-aside awards among the geographical regions of the state. To
promote the geographical distribution of set-aside awards, the
commissioner may designate a portion of the small business
set-aside procurement for award to bidders from a specified
congressional district or other geographical region specified by
the commissioner. The failure of the commissioner to set aside
particular procurements shall not be deemed to prohibit or
discourage small businesses or Minnesota correctional industries
from seeking the procurement award through the normal
solicitation and bidding processes.
Subd. 2. [CONSULTANT, PROFESSIONAL AND TECHNICAL
PROCUREMENTS.] Every state agency shall for each fiscal year
designate and set aside for awarding to small businesses with
their principal place of business in Minnesota approximately 25
percent of the value of anticipated procurements of that agency
for consultant services or professional and technical services.
The set-aside under this subdivision is in addition to that
provided by subdivision 1, but shall otherwise comply with
section 22 and the set-aside for businesses owned and operated
by socially or economically disadvantaged persons.
Subd. 3. [NEGOTIATED PRICE OR BID CONTRACT.] The
commissioner may elect to use either a negotiated price or bid
contract procedure in the awarding of a procurement contract
under the set-aside program established in sections 24 to 27.
The amount of an award may not exceed by more than five percent
the commissioner's estimated price for the goods or services, if
they were to be purchased on the open market and not under this
set-aside program. Surety bonds guaranteed by the federal Small
Business Administration and second party bonds are acceptable
security for a construction award under this section. "Second
party bond" means a bond which designates as principal,
guarantor, or both, a person or persons in addition to the
person to whom the contract is proposed for award.
Subd. 4. [DETERMINATION OF ABILITY TO PERFORM.] Before
announcing a set-aside award, the commissioner shall evaluate
whether the small business or Minnesota correctional industry
scheduled to receive the award is able to perform the set-aside
contract. This shall be done in consultation with an authorized
agent of the Minnesota correctional industries program. This
determination shall include consideration of production and
financial capacity and technical competence.
Subd. 5. [PREFERENCE TO SMALL BUSINESSES.] At least 24
percent of the value of the procurements designated for
set-aside awards shall be awarded, if possible, to businesses
owned and operated by socially or economically disadvantaged
persons as defined in section 645.445. The commissioner shall
designate set-aside procurements in a manner that will encourage
proportional distribution of set-aside awards among the
geographical regions of the state. To promote the geographical
distribution of set-aside awards, the commissioner may designate
a portion of the set-aside for small businesses owned and
operated by socially or economically disadvantaged persons for
award to bidders from a specified congressional district or
other geographical region specified by the commissioner. In the
event small businesses owned and operated by socially or
economically disadvantaged persons are unable to perform at
least 24 percent of the set-aside awards, the commissioner shall
award the balance of the set-aside contracts to other small
businesses. At least 50 percent of the value of the
procurements awarded to businesses owned and operated by
socially or economically disadvantaged persons shall actually be
performed by the business to which the award is made or another
business owned and operated by a socially or economically
disadvantaged person or persons. The commissioner may not
designate more than 20 percent of any commodity class for
set-aside to businesses owned and operated by socially or
economically disadvantaged persons. A business owned and
operated by socially or economically disadvantaged persons that
has been awarded more than five percent of the value of the
total anticipated set-aside procurements for a fiscal year under
this subdivision is disqualified from receiving further
set-aside awards for that fiscal year.
Subd. 6. [CONTRACTS IN EXCESS OF $200,000; SET-ASIDE.] The
commissioner as a condition of awarding state procurements for
construction contracts or approving contracts for consultant,
professional, or technical services pursuant to section 22 in
excess of $200,000 shall require that at least ten percent of
the contract award to a prime contractor be subcontracted to a
business owned and operated by a socially or economically
disadvantaged person or persons. Any subcontracting pursuant to
this subdivision may not be included in determining the total
amount of set-aside awards required by subdivisions 1, 1a, and
4, or any preference program authorized by the commissioner
pursuant to section 27. In the event small businesses owned and
operated by socially and economically disadvantaged persons are
unable to perform ten percent of the prime contract award, the
commissioner shall require that other small businesses perform
at least ten percent of the prime contract award. The
commissioner may determine that small businesses owned and
operated by socially and economically disadvantaged persons are
unable to perform at least ten percent of the prime contract
award prior to the advertising for bids. Each construction
contractor bidding on a project over $200,000 shall submit with
the bid a list of the businesses owned and operated by socially
or economically disadvantaged persons that are proposed to be
utilized on the project with a statement indicating the portion
of the total bid to be performed by each business. The
commissioner shall reject any bid to which this subdivision
applies that does not contain this information. Prime
contractors receiving construction contract awards in excess of
$200,000 shall furnish to the commissioner the name of each
business owned and operated by a socially or economically
disadvantaged person or persons or other small business that is
performing work on the prime contract and the dollar amount of
the work performed.
Subd. 7. [PREFERENCE TO MINNESOTA CORRECTIONAL
INDUSTRIES.] At least 15 percent of the value of procurements
designated for set-aside awards shall be awarded, if possible,
to Minnesota correctional industries, established and under the
control of the commissioner of corrections under section 241.27,
for the variety of goods and services produced by the Minnesota
correctional industries, unless the commissioner of corrections
acting through an authorized agent certifies that Minnesota
correctional industries cannot provide them. If the
correctional industries are unable to perform at least 15
percent of the set-aside awards, the commissioner shall award
the balance of the set-aside contracts to small businesses.
Subd. 8. [RECOURSE TO OTHER BUSINESSES.] In the event that
subdivisions 1 to 4b do not operate to extend a contract award
to a small business or the Minnesota correctional industries,
the award must be placed pursuant to the normal solicitation and
award provisions in this chapter. The commissioner shall then
designate and set aside for small businesses or the Minnesota
correctional industries additional state procurements
corresponding in approximate value to the contract unable to be
awarded pursuant to subdivisions 1 to 4b.
Subd. 9. [PROCUREMENT PROCEDURES.] All laws and rules
pertaining to solicitations, bid evaluations, contract awards,
and other procurement matters apply equally to procurements set
aside for small businesses or Minnesota correctional
industries. In the event of conflict with other rules, sections
24 to 27 and rules adopted under those sections govern.
Sec. 25. [16B.20] [ENCOURAGEMENT OF PARTICIPATION;
ADVISORY COUNCIL.]
Subdivision 1. [COMMISSIONER OF ADMINISTRATION.] The
commissioners of administration and energy and economic
development shall publicize the provisions of the set-aside
program, attempt to locate small businesses able to perform
set-aside procurement awards, and encourage participation. When
the commissioner of administration determines that a small
business is unable to perform under a set-aside contract, the
commissioner shall inform the commissioner of energy and
economic development who shall assist the small business in
attempting to remedy the causes of the inability to perform a
set-aside award. In assisting the small business, the
commissioner of energy and economic development in cooperation
with the commissioner of administration shall use management or
financial assistance programs made available by or through the
department of energy and economic development, other state or
governmental agencies, or private sources.
Subd. 2. [ADVISORY COUNCIL.] A small business procurement
advisory council is created. The council consists of 13 members
appointed by the governor. A chairperson of the advisory
council shall be elected from among the members. The
appointments are subject to the appointments program provided by
section 15.0597. The terms and removal of members are as
provided in section 15.059, but members do not receive per diem
or expenses.
Subd. 3. [DUTIES.] The small business procurement advisory
council shall:
(1) advise the commissioner of administration on matters
relating to the small business procurement program;
(2) review complaints or grievances from small business
vendors or contractors who are doing or attempting to do
business under the program; and
(3) review the reports of the commissioners of
administration and energy and economic development provided by
section 26 to ensure compliance with the goals of the program.
Sec. 26. [16B.21] [REPORTS.]
Subdivision 1. [COMMISSIONER OF ADMINISTRATION.] The
commissioner shall submit an annual report pursuant to section
3.195 to the governor and the legislature with a copy to the
commissioner of energy and economic development indicating the
progress being made toward the objectives and goals of sections
24 to 27 during the preceding fiscal year. The commissioner
shall also submit a quarterly report to the small business
procurement advisory council. These reports shall include the
following information:
(1) the total dollar value and number of potential
set-aside awards identified during this period and the
percentage of total state procurement this figure reflects;
(2) the number of small businesses identified by and
responding to the set-aside program, the total dollar value and
number of set-aside contracts actually awarded to small
businesses with appropriate designation as to the total number
and value of set-aside contracts awarded to each small business,
and the total number of small businesses that were awarded
set-aside contracts;
(3) the total dollar value and number of set-aside
contracts awarded to small businesses owned and operated by
economically or socially disadvantaged persons with appropriate
designation as to the total number and value of set-aside
contracts awarded to each small business and to each category of
economically or socially disadvantaged persons as defined by
section 645.445 and agency rules, and the percentages of the
total state procurements the figures of total dollar value and
the number of set-asides reflect; and
(4) the number of contracts which were designated and set
aside pursuant to section 24 but which were not awarded to a
small business, the estimated total dollar value of these
awards, the lowest offer or bid on each of these awards made by
the small business, and the price at which these contracts were
awarded pursuant to the normal procurement procedures.
The information required by paragraphs (1) and (2) must be
presented on a statewide basis and also broken down by
geographic regions within the state.
Subd. 2. [COMMISSIONER OF ENERGY AND ECONOMIC
DEVELOPMENT.] The commissioner of energy and economic
development shall submit an annual report to the governor and
the legislature pursuant to section 3.195 with a copy to the
commissioner of administration. This report shall include the
following information:
(1) the efforts undertaken to publicize the provisions of
the set-aside program during the preceding fiscal year;
(2) the efforts undertaken to identify small businesses
including those owned and operated by socially or economically
disadvantaged persons, and the efforts undertaken to encourage
participation in the set-aside program;
(3) the efforts undertaken by the commissioner to remedy
the inability of small businesses to perform on potential
set-aside awards; and
(4) the commissioner's recommendations for strengthening
the set-aside program and delivery of services to small
businesses.
Sec. 27. [16B.22] [RULES.]
The commissioner shall adopt by rule standards and
procedures for certifying that small businesses and small
businesses owned and operated by socially or economically
disadvantaged persons are eligible to participate under the
requirements of sections 24 to 27. The rules shall provide that
certification as a small business owned and operated by socially
or economically disadvantaged persons will be for a maximum of
five years from the date of receipt of the first set-aside
award, and that after the expiration of the certification period
the business may not again be certified for a five-year period.
The commissioner shall adopt by rule standards and procedures
for hearing appeals and grievances and other rules necessary to
carry out the duties set forth in sections 24 to 27.
The commissioner may make rules which exclude or limit the
participation of nonmanufacturing business, including
third-party lessors, jobbers, manufacturers' representatives,
and others from eligibility under sections 24 to 27.
The commissioner may adopt rules to establish a preference
program whereby businesses owned and operated by socially and
economically disadvantaged persons would be allowed a five
percent preference in the bid amount on selected state
procurements or a preference program whereby businesses owned
and operated by socially and economically disadvantaged persons
would be awarded any state procurement if the business could
meet the low bid amount for that procurement. Each of the
preference programs is applicable to no more than 1.5 percent of
the value of anticipated total state procurements of goods and
services, including construction. Each preference program
established by the commissioner expires on June 30, 1986, and
the commissioner shall report to the legislature on the progress
of the program by January 1, 1986.
Sec. 28. [16B.23] [DISTRICT HEATING.]
Notwithstanding any other law, general or special, the
commissioner of administration is authorized to enter into or
approve a written agreement not to exceed 31 years with a
district heating utility that will specify, but not be limited
to, the appropriate terms and conditions for the interchange of
district heating services.
MANAGEMENT OF STATE PROPERTY
Sec. 29. [16B.24] [GENERAL AUTHORITY.]
Subdivision 1. [OPERATION AND MAINTENANCE OF BUILDINGS.]
The commissioner is authorized to maintain and operate the state
capitol building and grounds, subject to whatever standards and
policies are set for its appearance and cleanliness by the
capitol area architectural and planning board and the
commissioner pursuant to section 15.50, subdivision 2, clause
(h), and the state office building, the historical society
building, the Normandale, Anoka-Ramsey, North Hennepin,
Lakewood, Metropolitan, and South East Metropolitan Community
Colleges, the employment services buildings in Minneapolis and
St. Paul, the state department of health building, and the
surplus property building, and their grounds, and, when the
commissioner considers it advisable and practicable, any other
building or premises owned or rented by the state for the use of
a state agency. The commissioner shall assign and reassign
office space in the capitol and state buildings to make an
equitable division of available space among agencies. The power
granted in this subdivision does not apply to state hospitals or
to educational, penal, correctional, or other institutions not
enumerated in this subdivision the control of which is vested by
law in some other agency.
Subd. 2. [REPAIRS.] The commissioner shall supervise and
control the making of necessary repairs to all state buildings
and structures, except structures, other than buildings, under
the control of the state transportation department; provided
that all repairs to the public and ceremonial areas and the
exterior of the state capitol building shall be carried out
subject to the standards and policies of the capitol area
architectural and planning board and the commissioner of
administration adopted pursuant to section 15.50, subdivision 2,
clause (h).
Subd. 3. [DISPOSAL OF OLD BUILDINGS.] The commissioner,
upon request of the head of an agency which has control of a
state owned building which is no longer used or which is a fire
or safety hazard, shall, after obtaining approval of the
chairmen of the senate finance committee and house of
representatives appropriations committee, sell, wreck, or
otherwise dispose of the building. In the event a sale is made
the proceeds shall be deposited in the proper account or in the
general fund.
Subd. 4. [INSPECTIONS; APPRAISALS; INVENTORIES.] The
commissioner shall provide for the periodic inspection and
appraisal of all state property, real and personal, and for
current and perpetual inventories of all state property. The
commissioner shall require agencies to make reports of the real
and personal property in their custody at the intervals and in
the form the commissioner considers necessary.
Subd. 5. [RENTING OUT STATE PROPERTY.] (a) [AUTHORITY.]
The commissioner may rent out state property, real or personal,
that is not needed for public use, if the rental is not
otherwise provided for or prohibited by law. The property may
not be rented out for more than two years at a time without the
approval of the state executive council, and may never be rented
out for more than 25 years.
(b) [RESTRICTIONS.] Paragraph (a) does not apply to state
trust fund lands, other state lands under the jurisdiction of
the department of natural resources, lands forfeited for
delinquent taxes, lands acquired under section 298.22, or lands
acquired under section 41.56 which are under the jurisdiction of
the department of agriculture.
(c) [FORT SNELLING CHAPEL; RENTAL.] The Fort Snelling
Chapel, located within the boundaries of Fort Snelling State
Park, is available for use only on payment of a rental fee. The
commissioner shall establish rental fees for both public and
private use. The rental fee for private use by an organization
or individual must reflect the reasonable value of equivalent
rental space. Rental fees collected under this section must be
deposited in the general fund.
(d) [RENTAL OF LIVING ACCOMMODATIONS.] The commissioner
shall establish rental rates for all living accommodations
provided by the state for its employees. Money collected as
rent by state agencies pursuant to this paragraph must be
deposited in the state treasury and credited to the general fund.
(e) [LEASE OF SPACE IN CERTAIN STATE BUILDINGS TO STATE
AGENCIES.] The commissioner may lease portions of the state
owned buildings in the capitol complex, the capitol square
building, the health building, and the building at 1246
University Avenue, St. Paul, Minnesota, to state agencies and
charge rent on the basis of space occupied. Notwithstanding any
law to the contrary, all money collected as rent pursuant to the
terms of this section shall be deposited in the state treasury.
Money collected as rent to recover the depreciation cost of a
building built with state dedicated funds shall be credited to
the dedicated fund which funded the original acquisition or
construction. All other money received shall be credited to the
general fund.
Subd. 6. [PROPERTY RENTAL.] (a) [LEASES.] The commissioner
shall rent land and other premises when necessary for state
purposes. The commissioner may lease land or premises for five
years or less, subject to cancellation upon 30 days written
notice by the state for any reason except rental of other land
or premises for the same use. The commissioner may not rent
non-state-owned land and buildings or substantial portions of
land or buildings within the capitol area as defined in section
15.50 unless the commissioner first consults with the capitol
area architectural and planning board. Lands needed by the
department of transportation for storage of vehicles or road
materials may be rented for five years or less, such leases for
terms over two years being subject to cancellation upon 30 days
written notice by the state for any reason except rental of
other land or premises for the same use.
(b) [USE VACANT PUBLIC SPACE.] No agency may initiate or
renew a lease for space for its own use in a private building
unless the commissioner has thoroughly investigated presently
vacant space in public buildings, such as closed school
buildings, and found that none is available.
(c) [PREFERENCE FOR CERTAIN BUILDINGS.] For needs beyond
those which can be accommodated in state owned buildings, the
commissioner shall acquire and utilize space in suitable
buildings of historical, architectural, or cultural significance
for the purposes of this subdivision unless use of that space is
not feasible, prudent and cost effective compared with available
alternatives. Buildings are of historical, architectural, or
cultural significance if they are listed on the national
register of historic places, designated by a state or county
historical society, or designated by a municipal preservation
commission.
Subd. 7. [POWER, HEATING, AND LIGHTING PLANTS.] The
commissioner shall inspect all state power, heating, and
lighting plants, make rules governing their operation, and
recommend improvements in the plants which will promote their
economical and efficient operation.
Subd. 8. [REGIONAL SERVICE CENTER.] The commissioner may
establish a regional service center on a demonstration basis.
The commissioner shall select agencies to participate in the
demonstration service center and determine equitable methods of
sharing space, personnel and equipment. The commissioner may
enter into a lease for a base term of five years with a five
year leasehold renewal option to acquire suitable space for the
service center.
Sec. 30. [16B.25] [LOST PROPERTY ON STATE LANDS.]
Subdivision 1. [PERMITS.] The commissioner may grant a
permit to search upon lands, highways, or in buildings owned by
the state for lost or abandoned property. Conditions of a
permit may include a formula for dividing between the state and
the finder the proceeds of any property found and unclaimed.
Subd. 2. [NOTICE.] Lost or abandoned property found on
state lands is placed in the custody of the commissioner. If
the rightful owner is known, the owner must be notified by
certified mail and may reclaim the property on paying the
expenses of the search. If the owner is unknown, the
commissioner must give two weeks' published notice in the county
where the property was found. Within six months following
publication, the rightful owner may receive the property on
paying the search expenses.
Subd. 3. [DISPOSAL.] Unclaimed property may be sold at
public sale, disposed of as state surplus property, or
destroyed, based on the commissioner's judgment of its value.
Subd. 4. [MONEY.] All lost or abandoned money found under
a permit granted pursuant to this section, and the proceeds from
the sale of other abandoned or lost property found under a
permit, must be deposited in the general fund.
Sec. 31. [16B.26] [UTILITY COMPANIES, PERMITS TO CROSS
STATE-OWNED LANDS.]
Subdivision 1. [EASEMENTS.] (a) [AUTHORITY.] Except where
the authority conferred by this section has been imposed on some
other state or county office, the commissioner may grant an
easement or permit over, under, or across any land owned by the
state for the purpose of constructing roads, streets, telephone,
telegraph, and electric power lines, cables or conduits,
underground or otherwise, or mains or pipe lines for gas,
liquids, or solids in suspension. This authority does not apply
to land under the jurisdiction of the commissioner of natural
resources or land obtained for trunk highway purposes.
(b) [NOTICE OF REVOCATION.] An easement or permit is
revocable by written notice given by the commissioner if at any
time its continuance will conflict with a public use of the land
over, under, or upon which it is granted, or for any other
reason. The notice must be in writing and is effective 90 days
after the notice is sent by certified mail to the last known
address of the record holder of the easement. If the address of
the holder of the easement or permit is not known, it expires 90
days after the notice is recorded in the office of the county
recorder of the county in which the land is located. Upon
revocation of an easement, the commissioner may allow a
reasonable time to vacate the premises affected.
(c) [EASEMENT RUNS WITH LAND.] State land subject to an
easement or permit granted by the commissioner remains subject
to sale or lease, and the sale or lease does not revoke the
permit or easement granted.
Subd. 2. [LAND CONTROLLED BY OTHER AGENCIES.] If the
easement or permit involves land under the jurisdiction of an
agency other than the department of administration, it is
subject to the approval of the head of the agency and is subject
to revocation by the commissioner as provided in this section,
on request of the head of the agency.
Subd. 3. [APPLICATION.] An application for easement or
permit under this section must be in quadruplicate and must
include: a legal description of the land affected; a map
showing the area affected by the easement or permit; and a
detailed design of any structures to be placed on the land. The
commissioner may require that the application be in another form
and include other descriptions, maps, or designs. The
commissioner may at any time order changes or modifications
respecting construction or maintenance of structures or other
conditions of the easement which the commissioner finds
necessary to protect the public health and safety.
Subd. 4. [FORM; DURATION.] The easement or permit must be
in a form prescribed by the attorney general and must describe
the location of the easement granted. The easement or permit
continues until revoked by the commissioner, subject to change
or modification as provided in this section.
Subd. 5. [CONSIDERATION; TERMS.] The commissioner may
prescribe consideration and conditions for granting an easement
or permit. Money received by the state under this section must
be credited to the fund to which income or proceeds of sale from
the land would be credited, if provision for the sale is made by
law. Otherwise, it must be credited to the general fund.
Sec. 32. [16B.27] [GOVERNOR'S RESIDENCE.]
Subdivision 1. [USE.] The governor's residence must be
used for official ceremonial functions of the state, and to
provide suitable living quarters for the governor of the state.
Subd. 2. [MAINTENANCE.] The commissioner shall maintain
the governor's residence in the same way as other state
buildings are maintained and shall rehabilitate, decorate, and
furnish the building. The decoration and furnishing shall be
guided by the governor's residence council.
Subd. 3. [COUNCIL.] The governor's residence council
consists of the following 15 members: the commissioner; the
spouse, or a designee of the governor; the executive director of
the Minnesota state arts board; the director of the Minnesota
historical society; a member of the senate appointed pursuant to
the rules of the senate; a member of the house of
representatives appointed pursuant to the rules of the house of
representatives; seven persons appointed by the governor
including one in the field of higher education, one member of
the American Society of Interior Designers, Minnesota Chapter,
one member of the American Institute of Architects, Minnesota
chapter, one member of the American Society of Landscape
Architects, Minnesota Chapter, one member of the family that
donated the governor's residence to the state, if available, and
four public members. Members of the council serve without
compensation. Membership terms, removal, and filling of
vacancies for members appointed by the governor are governed by
section 15.0575. The council shall elect a chairman and a
secretary from among its members. The council shall expire on
the date provided by section 15.059, subdivision 5.
Subd. 4. [DUTIES.] The council shall develop an overall
restoration plan for the governor's residence and surrounding
grounds and approve alterations in the existing structure.
Subd. 5. [GIFTS.] (a) To maintain and improve the quality
of furnishings for the public areas of the building, the council
may solicit and accept donated money, furnishings, objects of
art and other items the council determines may have historical
value in keeping with the building's period and purpose. The
gift acceptance procedures of sections 7.09 to 7.12 do not apply
to this subdivision.
(b) Notwithstanding sections 7.09 to 7.12, the council may
solicit contributions for the renovation of and capital
improvements to the governor's residence.
(c) Gifts for the benefit of the governor's residence and
surrounding grounds are not accepted by the state unless
accepted by the council. The council shall maintain a complete
inventory of all gifts and articles received.
Sec. 33. [16B.28] [SURPLUS FEDERAL PROPERTY.]
Subdivision 1. [DEFINITIONS.] For purposes of this section
the following terms have the meanings given them:
(a) "Surplus property" means commodities, equipment,
materials, supplies, books, printed matter, and other property
made available by the federal government to a governmental or
nonprofit organization.
(b) "Governmental or nonprofit organization" means the
state of Minnesota, its departments, agencies, political
subdivisions, and other instrumentalities, and any nonprofit and
tax-exempt medical institution, hospital, clinic, health center,
school, school system, college, university, or other institution
organized and existing for any purpose authorized by federal law
to accept surplus property.
Subd. 2. [AUTHORIZATION.] The commissioner is the state
agency designated to purchase or accept surplus property for the
state and for the benefit of any other governmental or nonprofit
organization for any purpose authorized by federal law and in
accordance with federal rules and regulations. Any governmental
or nonprofit organization may designate the commissioner to
purchase or accept surplus property for it upon mutually
agreeable terms and conditions. The commissioner may store
surplus property until it is needed and any expenses incurred in
connection with the storage shall be paid from the surplus
property revolving fund.
Subd. 3. [REVOLVING FUND.] (a) [CREATION.] To pay for
surplus property received from the federal government for
governmental or nonprofit organizations, including the expense
of accepting and distributing that property, there is a surplus
property revolving fund in the state treasury. Money paid into
the surplus property revolving fund is appropriated to the
commissioner for the purposes of this section.
(b) [ADVANCES.] No more than $1,000 from the surplus
property revolving fund may be advanced to the commissioner or a
state employee engaged in performing duties under this section
to pay the expenses of travel, subsistence, toll charges, and
similar expenses, in accordance with requirements prescribed by
the commissioner of finance. When money which was advanced is
repaid, it must be deposited in the state treasury to the credit
of the surplus property revolving fund.
(c) [TRANSFER TO STATE AGENCY.] When the state or an agency
operating under a legislative appropriation obtains surplus
property from the commissioner, the commissioner of finance
must, at the commissioner's request, transfer the cost of the
property, including any expenses of accepting and distributing
the property, from the appropriation of the state agency
receiving the surplus property to the surplus property revolving
fund. The determination of the commissioner is final as to the
cost of the surplus property to the state agency receiving the
property.
(d) [TRANSFER TO OTHER AGENCIES.] When any governmental or
nonprofit organization other than a state agency receives
surplus property from the commissioner, the governmental or
nonprofit organization must reimburse the surplus property
revolving fund for the cost of the property, including the
expenses of accepting and distributing it, in an amount the
commissioner sets. The commissioner may, however, require the
governmental or nonprofit organization to deposit in advance in
the surplus property revolving fund the cost of the surplus
property upon mutually agreeable terms and conditions.
Sec. 34. [16B.29] [STATE SURPLUS PROPERTY; DISPOSAL.]
The commissioner may do any of the following to dispose of
supplies, materials, and equipment which are surplus, obsolete,
or unused: (1) transfer it to or between state agencies; (2)
transfer it to local government units in Minnesota; or (3) sell
it. The commissioner must make proper adjustments in the
accounts and appropriations of the agencies concerned. When the
commissioner sells the supplies, materials and equipment, the
proceeds of the sale are appropriated to the agency for whose
account the sale was made, to be used and expended by the agency
to purchase similar needed supplies, materials and equipment at
any time during the biennium in which the sale occurred.
CAPITAL IMPROVEMENTS
Sec. 35. [16B.30] [GENERAL AUTHORITY.]
Subject to other provisions in this chapter, the
commissioner shall supervise and control the making of all
contracts for the construction of buildings and for other
capital improvements to state buildings and structures.
Sec. 36. [16B.31] [COMMISSIONER MUST APPROVE PLANS.]
Subdivision 1. [CONSTRUCTION PLANS AND SPECIFICATIONS.] The
commissioner shall (1) have plans and specifications prepared
for the construction, alteration, or enlargement of all state
buildings, structures, and other improvements except highways
and bridges; (2) approve those plans and specifications; (3)
advertise for bids and award all contracts in connection with
the improvements; (4) supervise and inspect all work relating to
the improvements; (5) approve all lawful changes in plans and
specifications after the contract for an improvement is let; and
(6) approve estimates for payment. This subdivision does not
apply to the construction of the zoological gardens.
Subd. 2. [APPROPRIATIONS.] Plans must be paid for out of
money appropriated for the purpose of improving or constructing
the building. No part of the balance may be expended until the
commissioner has secured suitable plans and specifications,
prepared by a competent architect or engineer, and accompanied
by a detailed statement of the cost, quality, and description of
all material and labor required for the completion of the work.
No plan may be adopted, and no improvement made or building
constructed, that contemplates the expenditure for its
completion of more money than the appropriation for it, unless
otherwise provided in this section or the act making the
appropriation. The commissioner may not direct or permit any
expenditure beyond that appropriated, and any agent of the
commissioner violating this provision is guilty of a gross
misdemeanor.
Subd. 3. [FEDERAL AID.] (a) [ACCEPTANCE OF AID.] The
commissioner is the state agency empowered to accept money
provided for or made available to this state by the United
States of America or any federal department or agency for the
construction and equipping of any building for state purposes
not otherwise provided for by law, other than University of
Minnesota buildings, in accordance with the provisions of
federal law and any rules or regulations promulgated under
federal law. The commissioner may do whatever is required of
this state by federal law, rules, and regulations in order to
obtain the federal money.
(b) [FEDERAL FUNDS CONSIDERED PART OF APPROPRIATION.] The
commissioner may after consultation with the chairmen of the
senate finance committee and house of representatives
appropriations committee, adopt a plan, provide for an
improvement, or construct a building that contemplates
expenditure for its completion of more money than the
appropriation for it, if the excess money is provided by the
United States government and granted to the state of Minnesota
under federal law or any rule or regulation promulgated under
federal law. This federal money, for the purpose of this
section, is a part of the appropriation for the project.
(c) [DELAYED FEDERAL MONEY.] If an amount is payable to a
creditor of the state from a project account which is financed
partly with federal money and the project is included in
appropriations made to the commissioner for public buildings and
equipment, and the amount cannot be paid on time because of a
deficiency of money in the project account caused by a delay in
the receipt of federal money, the commissioner may provide money
needed to pay the amount by temporarily transferring the sum to
the project account from any other appropriation made to the
commissioner in the same act. Required money for a payment is
appropriated for that purpose. When the delayed federal money
is received, the commissioner shall have the amount of money
transferred returned to the account from which it came.
Subd. 4. [CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD.]
(a) [COMPREHENSIVE USE PLAN; COMPETITIONS.] Notwithstanding any
provision of this section to the contrary, plans for proposed
new buildings and for features of existing public buildings in
the capitol area which the capitol area architectural and
planning board consider to possess architectural significance
are subject to section 15.50, subdivision 2, clauses (c) and (e).
(b) [APPROVAL REQUIRED.] The preparation of plans and
specifications for the capitol area, as defined in section
15.50, may not be initiated, contracted for, or conducted
without consultation with the capitol area architectural and
planning board to the extent the plans and specifications
involve the public and ceremonial areas and the exterior of the
capitol building and the lobbies, public concourses, and other
features of other public buildings in the capitol area which the
capitol area architectural and planning board considers to have
architectural significance. The commissioner may not approve or
adopt plans or specifications for the capitol area unless they
have been approved by the capitol area architectural and
planning board. The capitol area architectural and planning
board must also be advised of and approve changes in plans and
specifications which affect projects within the capitol area.
Sec. 37. [16B.32] [ALTERNATIVE ENERGY SOURCES.]
Plans prepared by the commissioner for a new building or
for a renovation of 50 percent or more of an existing building
or its energy systems must include designs which use active and
passive solar energy systems, earth sheltered construction, and
other alternative energy sources where feasible.
Sec. 38. [16B.33] [DESIGNER SELECTION BOARD.]
Subdivision 1. [DEFINITIONS.] As used in this section, the
following terms have the meanings given them:
(a) "Agency" has the meaning given in section 6, and also
includes the University of Minnesota.
(b) "Architect" means an architect or landscape architect
registered to practice under sections 326.02 to 326.15.
(c) "Board" means the state designer selection board.
(d) "Designer" means an architect or engineer, or a
partnership, association, or corporation comprised primarily of
architects or engineers or of both architects and engineers.
(e) "Engineer" means an engineer registered to practice
under sections 326.02 to 326.15.
(f) "Person" includes an individual, corporation,
partnership, association, or any other legal entity.
(g) "Primary designer" means the designer who is to have
primary design responsibility for a project, and does not
include designers who are merely consulted by the user agency
and do not have substantial design responsibility, or designers
who will or may be employed or consulted by the primary designer.
(h) "Project" means an undertaking to construct, erect, or
remodel a building by or for the state or an agency.
(i) "User agency" means the agency undertaking a specific
project.
Subd. 2. [ORGANIZATION OF BOARD.] (a) [MEMBERSHIP.] The
state designer selection board consists of five individuals, the
majority of whom must be Minnesota residents. Each of the
following three organizations shall nominate one individual
whose name and qualifications shall be submitted to the governor
for consideration: the consulting engineers council of
Minnesota after consultation with other professional engineering
societies in the state; the Minnesota society of architects; and
the Minnesota board of the arts. The governor may appoint the
three named individuals to the board with the advice and consent
of the senate, but the governor may reject a nominated
individual and request another nomination. The remaining two
members shall also be appointed by the governor with the advice
and consent of the senate.
(b) [NON-VOTING MEMBERS.] In addition to the five members
of the board, two non-voting members shall participate in the
interviewing and selection of designers pursuant to this
section. One shall be a representative of the commissioner and
shall participate in the interviewing and selection of designers
for all projects. The other shall be a representative of the
user agency, who shall participate in the interviewing and
selection of the designers for the project being undertaken by
the user agency. The commissioner shall appoint the
representative of the user agency in consultation with the user
agency.
(c) [TERMS; COMPENSATION; REMOVAL; VACANCIES.] The
membership terms, compensation, removal of members, and filling
of vacancies on the board are as provided in section 15.0575. No
individual may serve for more than two consecutive terms.
(d) [OFFICERS, RULES.] At its first meeting, the board
shall elect a voting member of the board as chairman. The board
shall also elect other officers necessary for the conduct of its
affairs. The board shall adopt rules governing its operations
and the conduct of its meetings. The rules shall provide for
the terms of the chairman and other officers.
(e) [MEETINGS.] The board shall meet as often as is
necessary, not less than twice annually, in order to act
expeditiously on requests submitted to it for selection of
primary designers.
(f) [OFFICE, STAFF, RECORDS.] The department of
administration shall provide the board with suitable quarters to
maintain an office, hold meetings, and keep records. The
commissioner shall designate an employee of the department of
administration to serve as executive secretary to the board and
shall furnish a secretarial staff to the board as necessary for
the expeditious conduct of the board's duties and
responsibilities.
Subd. 3. [AGENCIES MUST REQUEST DESIGNER.] (a)
[APPLICATION.] Upon undertaking a project with an estimated cost
greater than $400,000 or a planning project with estimated fees
greater than $35,000, every user agency, except the capitol area
architectural and planning board, shall submit a written request
for a primary designer for its project to the commissioner, who
shall forward the request to the board. The written request
must include a description of the project, the estimated cost of
completing the project, a description of any special
requirements or unique features of the proposed project, and
other information which will assist the board in carrying out
its duties and responsibilities set forth in this section.
(b) [REACTIVATED PROJECT.] If a project for which a
designer has been selected by the board becomes inactive,
lapses, or changes as a result of project phasing, insufficient
appropriations, or other reasons, the commissioner or the
University of Minnesota may, if the project is reactivated,
retain the same designer to complete the project.
(c) [FEE LIMIT REACHED AFTER DESIGNER SELECTED.] If a
project initially estimated to be below the cost and planning
fee limits of this subdivision has its cost or planning fees
revised so that the limits are exceeded, the project must be
referred to the board for designer selection even if a primary
designer has already been selected. In this event, the board
may, without conducting interviews, elect to retain the
previously selected designer if it determines that the interests
of the state are best served by that decision and shall notify
the commissioner of its determination.
Subd. 4. [DESIGNER SELECTION PROCESS.] (a) [PUBLICITY.]
Upon receipt of a request from a user agency for a primary
designer, the board shall publicize the proposed project in
order to determine the identity of designers interested in the
design work on the project. The board shall establish criteria
for the selection process and make this information public, and
shall compile data on and conduct interviews of designers. The
board's selection criteria must include consideration of each
interested designer's performance on previous projects for the
state or any other person. Upon completing the process, the
board shall select the primary designer and shall state its
reasons in writing. Notification to the commissioner of the
selection shall be made not more than 60 days after receipt from
a user agency of a request for a primary designer. The
commissioner shall promptly notify the designer and the user
agency. The commissioner shall negotiate the designer's fee and
prepare the contract to be entered into between the designer and
the user agency.
(b) [CONFLICT OF INTEREST.] The board may not select a
designer or firm in which a member of the designer selection
board has a current financial interest.
(c) [SELECTION BY COMMISSIONER.] In the event the board
receives a request for a primary designer on a project, the
estimated cost of which is less than the limit established by
subdivision 3, or a planning project with estimated fees of less
than the limit established by subdivision 3, the board may
submit the request to the commissioner of administration, with
or without recommendations, and the commissioner shall thereupon
select the primary designer for the project.
(d) [SECOND SELECTION.] If the designer selected for a
project declines the appointment or is unable to reach agreement
with the commissioner on the fee or the terms of the contract,
the commissioner shall, within 60 days after the first
appointment, request the board to make another selection.
(e) [SIXTY DAYS TO SELECT.] If the board fails to make a
selection and forward its recommendation to the commissioner
within 60 days of the user agency's request for a designer, the
commissioner may appoint a designer to the project without the
recommendation of the board.
(f) [LESS THAN SATISFACTORY PERFORMANCE.] The commissioner,
or the University of Minnesota for projects under its
supervision, shall forward to the board a written report
describing each instance in which the performance of a designer
selected by the board or the commissioner has been less than
satisfactory. Criteria for determining satisfaction include the
ability of the designer to complete design work on time, to
provide a design responsive to program needs within the
constraints of the budget, to solve design problems and achieve
a design consistent with the proposed function of the building,
to avoid costly design errors or omissions, and to observe the
construction work. These reports are public data and are
available for inspection under section 13.03.
Sec. 39. [16B.34] [INMATE LABOR.]
At a state institution or state park or in the maintenance
of a state armory, an appropriation for construction,
improvements, or maintenance may be expended through the use of
inmate or project labor when authorized by the commissioner with
the concurrence of the head of the interested state department.
Sec. 40. [16B.35] [ART IN STATE BUILDINGS.]
Subdivision 1. [PERCENT OF APPROPRIATIONS FOR ART.] An
appropriation for the construction or alteration of any state
building may contain an amount not to exceed one percent of the
total appropriation for the building for the acquisition of
works of art, excluding landscaping, which may be an integral
part of the building or its grounds, attached to the building or
grounds or capable of being displayed in other state buildings.
Money used for this purpose is available only for the
acquisition of works of art to be exhibited in areas of a
building or its grounds accessible, on a regular basis, to
members of the public. For the purposes of this section "state
building" means a building the construction or alteration of
which is paid for wholly or in part by the state.
Subd. 2. [EXEMPT BULDINGS.] A building for which the
appropriation is less than $500,000 for construction or
alteration or a building for which the commissioner of
administration has determined that this section is inappropriate
is exempt from the requirements of this section.
Subd. 3. [UNUSED FUNDS.] If an amount made available under
subdivision 1 is not expended for works of art for the building,
the unexpended portion is available to the Minnesota board of
the arts for the commission or purchase of works of art for
state buildings existing or for which an appropriation was made
prior to June 15, 1983, and is not available to pay construction
costs of the building.
SERVICES TO STATE AGENCIES
Sec. 41. [16B.36] [INVESTIGATIONS.]
Subdivision 1. [AUTHORITY.] The commissioner may examine,
investigate, or make a survey of the organization,
administration, and management of state agencies and
institutions under their control, to secure greater efficiency
and economy through reorganization or consolidation of agencies
or functions and to eliminate duplication of function, effort,
or activity, so far as possible.
Subd. 2. [HEARINGS.] The commissioner shall recommend to
the legislature any necessary changes in the laws of the state
as a result of a survey or investigation, or otherwise, in order
to secure a better organization of the state government or
greater efficiency and economy in administration. For this
purpose, the commissioner may hold hearings, and issue subpoenas
for and compel the attendance of witnesses, the giving of
testimony, and the production of books, records, accounts,
documents, and papers, as provided in section 15.08.
Sec. 42. [16B.37] [REORGANIZATION OF AGENCIES.]
Subdivision 1. [COMMISSIONER'S AUTHORITY.] To improve
efficiency and avoid duplication, the commissioner may transfer
personnel, powers, or duties, or any combination of them, from a
state agency to another state agency that has been in existence
for at least one year prior to the date of transfer. A transfer
must have received the prior approval of the governor. The
commissioner shall no later than January 15 of each year submit
to the legislature a bill making all statutory changes required
by reorganization orders issued by the commissioner during the
preceding calendar year.
Subd. 2. [REORGANIZATION ORDER.] A transfer made pursuant
to subdivision 1 must be in the form of a reorganization order.
A reorganization order must be filed with the secretary of
state, be uniform in format, and be numbered consecutively. An
order is effective upon filing with the secretary of state and
remains in effect until amended or superseded. Copies of the
filed order must be delivered promptly by the commissioner to
the secretary of the senate, the chief clerk of the house, and
the chairmen of the governmental operations committees in the
senate and house of representatives. A reorganization order
which transfers all or substantially all of the powers or duties
or personnel of a department, the housing finance agency, or the
pollution control agency is not effective until it is ratified
by concurrent resolution or enacted into law.
Subd. 3. [APPROPRIATION.] The commissioner of finance
shall determine the fractional part of the appropriation to the
transferor agency that is represented by the transferred
personnel, power, or duty, and that part of the appropriation is
reappropriated to the transferee agency.
Subd. 4. [WORK OF DEPARTMENT FOR ANOTHER.] To avoid
duplication and improve efficiency, the commissioner may direct
an agency to do work for another agency or may direct a division
or section of an agency to do work for another division or
section within the same agency and shall require reimbursement
for the work. Reimbursements received by an agency are
reappropriated to the account making the original expenditure in
accordance with the transfer warrant procedure established by
the commissioner of finance.
Subd. 5. [EMPLOYEES ASSIGNED.] With the approval of the
governor and by agreement of the heads of the departments or
agencies concerned, any appointive subordinate officer or
employee of a department or agency may be employed by or
assigned to perform duties under another department or agency.
Sec. 43. [16B.38] [DISSOLVED OR SUSPENDED AGENCIES.]
The commissioner shall undertake all necessary
administrative functions of an agency which has been temporarily
or permanently dissolved or suspended. These functions may
include but are not limited to: authorizing payment of all
obligations of the dissolved or suspended agency including
payroll certifications; serving as custodian for and disposing
of all property of the agency; and, in the event that the agency
is only temporarily dissolved or suspended, serving as its chief
administrative officer with all necessary powers until the
agency is reconstituted. To implement these responsibilities
the commissioner may spend any necessary money from a dissolved
or suspended agency's appropriation.
Sec. 44. [16B.39] [PROGRAMS FOR STATE EMPLOYEES.]
Subdivision 1. [STATE EMPLOYEES SUGGESTION BOARD.] The
state employees suggestion board is composed of seven members
appointed by the governor, each of whom is a state officer or
employee. The board shall annually elect a member to be
chairman. For the purposes of this section, "board" means the
state employees suggestion board. The membership terms,
expenses, removal of members, and filling of vacancies on the
board are as provided in section 15.0575. Members do not receive
the daily compensation provided by section 15.0575. The board
shall formulate, establish, and maintain plans to encourage and
reward unusual and meritorious suggestions and accomplishments
by state employees promoting efficiency and economy in state
government; appoint committees to consider suggestions and
accomplishments of state employees and make recommendations on
them to the board; and render merit awards to state employees,
which may include certificates, medals and other appropriate
insignia, and cash awards, in accordance with the board's
plans. The commissioner shall assign for the use of the board
the personnel, facilities, and equipment required for the proper
performance of its work. The commissioner, on behalf of the
board, may require assistance from any state department of any
of its personnel and facilities.
Subd. 2. [EMPLOYEE ASSISTANCE PROGRAM; ADVISORY
COMMITTEE.] The commissioner shall provide an employee
assistance program of training, diagnostic, and referral
services for state employees and their dependents. The
commissioner shall appoint an advisory committee on state
employee assistance of not more than 15 members to advise the
commissioner on the program. The committee is subject to the
provisions of section 15.059.
Sec. 45. [16B.40] [ADMINISTRATION OF STATE COMPUTER
FACILITIES.]
Subdivision 1. [DEFINITIONS.] For the purposes of sections
45 to 50, the following terms have the meanings given them.
(a) "Computer activity" means the development or
acquisition of a data processing device or system.
(b) "Data processing device or system" means any equipment
or computer programs, including computer hardware, firmware,
software, and communication protocol, used in connection with
the processing of information via electronic data processing
means, and includes data communication devices used in
connection with computer facilities for the transmission of data.
Subd. 2. [COMMISSIONER'S RESPONSIBILITY.] The commissioner
is charged with integrating and operating the state's computer
facilities to serve the needs of the state government. Except
as otherwise provided by law, all plans and programs for systems
and procedures analysis, information systems, and related
computer efforts of agencies must be submitted to the
commissioner prior to implementation for review and approval,
modification, or rejection. The commissioner, after consulting
the intergovernmental information systems advisory council,
shall:
(1) design and maintain a master plan for information
systems in the state and its political subdivisions and shall
report on the plan to the governor and legislature at the
beginning of each regular session;
(2) establish standards for information systems;
(3) maintain a library of systems and programs developed by
the state and its political subdivisions for use by agencies of
government; and
(4) administer the communications for the state information
system.
Subd. 3. [EVALUATION PROCEDURE.] The commissioner shall
establish and, as necessary, update and modify procedures to
evaluate computer activities proposed by state agencies. The
evaluation must include the necessity, design and plan for
development, ability to meet user requirements, feasibility, and
flexibility, of the proposed data processing device or system,
its relationship to other state data processing devices or
systems, and its costs and benefits when considered by itself
and when compared with alternative solutions.
Subd. 4. [EVALUATION AND APPROVAL REQUIREMENTS.] A state
agency may not undertake a computer activity until the activity
has been evaluated according to the procedures developed under
subdivision 3 and the commissioners of administration and
finance have given written approval of the proposed activity. If
a proposed computer activity is not approved, the commissioner
of finance shall cancel the unencumbered balance of any
appropriation allotted for the activity. The commissioners of
administration and finance may delegate their respective
approval powers regarding computer activities to the head of
another agency including the agency seeking approval if
delegation is deemed appropriate.
Subd. 5. [REPORT TO LEGISLATURE.] If a proposed computer
activity is approved, the commissioners of administration and
finance shall submit to the legislature a concise narrative
explanation of the computer activity and a request for any
additional appropriation necessary to complete the activity.
Subd. 6. [SYSTEM DEVELOPMENT METHODOLOGY.] The
commissioner shall establish and, as necessary, update and
modify a methodology for the development of approved data
processing systems by state agencies. The development
methodology shall be used to define the design, programming, and
implementation of approved data processing systems. The
development methodology shall also enable and require a data
processing system to be defined in terms of its computer
programs, input requirements, output formats, administrative
procedures, and processing frequencies.
Subd. 7. [SYSTEM DEVELOPMENT METHODOLOGY REQUIREMENTS.] A
state agency may not develop, improve, or modify a data
processing system using any methodology other than that
established by the commissioner.
Subd. 8. [DATA SECURITY SYSTEMS.] In consultation with the
attorney general and appropriate agency heads, the commissioner
shall develop, install, and administer state data security
systems consistent with state law to assure the integrity of
computer based and all other data and to assure confidentiality
of the data, consistent with the public's right to know.
Subd. 9. [JOINT ACTIONS.] The commissioner may, within
available funding, join with the federal government, other
states, local governments, and organizations representing those
groups either jointly or severally in the development and
implementation of systems analysis, information services, and
computerization projects.
Sec. 46. [16B.41] [STATE INFORMATION SYSTEMS ADVISORY TASK
FORCE.]
The commissioner may appoint a state information systems
advisory task force to help the department develop and
coordinate a state information services master plan and make
recommendations to the commissioner concerning the progress,
direction, and needs of the state's computerization effort. The
task force expires and the terms, compensation, and removal of
members are as provided in section 15.059.
Sec. 47. [16B.42] [INTERGOVERNMENTAL INFORMATION SYSTEMS
ADVISORY COUNCIL.]
Subdivision 1. [COMPOSITION.] The governor shall appoint
an intergovernmental information systems advisory council, to
serve at the pleasure of the governor, consisting of 25 members.
Fourteen members shall be appointed or elected officials of
local governments, seven shall be representatives of state
agencies, and four shall be selected from the community at
large. Further, the council shall be composed of (1) two
members from each of the following groups: counties outside of
the seven county metropolitan area, cities of the second and
third class outside the metropolitan area, cities of the second
and third class within the metropolitan area, and cities of the
fourth class; (2) one member from each of the following groups:
the metropolitan council, an outstate regional body, counties
within the metropolitan area, cities of the first class, school
districts in the metropolitan area, and school districts outside
the metropolitan area; (3) one member each from the state
departments of administration, education, public welfare,
revenue, planning and the legislative auditor; (4) one member
from the office of the state auditor; and (5) four members from
the state community at large. To the extent permitted by
available resources the commissioner shall furnish staff and
other assistance as requested by the council. The council shall
expire and the terms, compensation, and removal of members of
the advisory council shall be as provided in section 15.059.
Subd. 2. [DUTIES.] The council shall assist the
commissioner in developing and updating intergovernmental
information systems, including data definitions, format, and
retention standards; recommend to the commissioner policies and
procedures governing the collection, security, and
confidentiality of data; review intergovernmental information
and computer systems involving intergovernmental funding;
encourage cooperative efforts among local governments in
developing information systems to meet individual and
collective, operational, and external needs; bring about the
necessary degree of standardization consistent with local
prerogatives; yield fiscal and other information required by
state and federal laws and regulations in readily usable form;
foster the efficient use of available federal, state, local, and
private resources for the development of systems; keep local
governments abreast of the state of the art in information
systems, and prepare guidelines for intergovernmental systems.
Subd. 3. [OTHER DUTIES.] The intergovernmental
informations systems advisory council shall (1) recommend to the
commissioners of state departments, the legislative auditor, and
the state auditor a method for the expeditious gathering and
reporting of information and data between agencies and units of
local government in accordance with cooperatively developed
standards; (2) elect an executive committee, not to exceed seven
members from its membership; (3) develop an annual plan, to
include administration and evaluation of grants, in compliance
with applicable rules; (4) provide technical information systems
assistance or guidance to local governments for development,
implementation, and modification of automated systems, including
formation of consortiums for those systems.
Subd. 4. [FUNDING.] Appropriations and other funds made
available to the council for staff, operational expenses, and
grants must be administered through the department of
administration. Revenues derived from royalties,
reimbursements, or other fees from software programs, systems,
or technical services arising out of activities funded by
current or prior state appropriations is appropriated to the
council for the purposes enumerated in subdivision 2.
Sec. 48. [16B.43] [EDUCATION MANAGEMENT INFORMATION
SYSTEMS.]
Subdivision 1. [APPLICATION.] The authority of the
commissioner under sections 45 to 47, 49, and 50 does not apply
to ESV-IS, but applies to SDE-IS and computer-related services
provided to the department of education by the department of
administration's information services bureau. For purposes of
this section, "ESV-IS" and "SDE-IS" have the meanings given them
in section 121.93.
Subd. 2. [FURNISHING STAFF AND ASSISTANCE.] To the extent
permitted by available resources, the commissioner may furnish
staff and other assistance to the department, the state board,
the ESV computer council, and the Minnesota educational
computing consortium in conjunction with their performance of
the duties imposed by sections 121.931 to 121.938.
Sec. 49. [16B.44] [MODIFICATION OF OPERATING AND
MANAGEMENT PROCEDURES.]
When improved program effectiveness, better use of
services, and greater efficiency and economy in state government
can be demonstrated, the commissioner with the approval of the
governor may require a state agency to adjust its operating and
management procedures to take advantage of improved systems,
procedures, and methods resulting from systems analysis and
information science technology.
Sec. 50. [16B.45] [FUNCTION OF LEGISLATIVE AUDITOR.]
The legislative auditor may conduct performance evaluations
of all systems analysis, information services, and
computerization efforts of agencies, the University of
Minnesota, and metropolitan boards, agencies, and commissions.
Upon request of the governing body or the state information
systems advisory council, the legislative auditor shall conduct
the same services for political subdivisions of the state and
report the findings to the governor and the legislature. The
cost of these evaluations must be paid by the agencies being
evaluated.
Sec. 51. [16B.46] [TELECOMMUNICATION; POWERS.]
The commissioner shall supervise and control all state
telecommunication facilities including any transmission,
emission, or reception of signs, signals, writing, images, and
sounds or intelligence of any nature by wire, radio, optical, or
other electromagnetic systems. Nothing in this section
modifies, amends, or abridges any powers and duties presently
vested in or imposed upon the commissioner of transportation or
the commissioner of public safety relating to telecommunications
facilities or the commissioner of transportation relating only
to radio air navigation facilities or other air navigation
facilities.
Sec. 52. [16B.47] [MICROGRAPHICS.]
The commissioner shall provide micrographics services and
products to meet agency needs. Within available resources, the
commissioner may also provide micrographic services to political
subdivisions. Agency plans and programs for micrographics must
be submitted to and receive the approval of the commissioner
prior to implementation. Upon the commissioner's approval,
subsidiary or independent microfilm operations may be
implemented in other state agencies. The commissioner may
direct that copies of official state documents be distributed to
official state depositories on microfilm.
Sec. 53. [16B.48] [GENERAL SERVICES AND COMPUTER SERVICES
REVOLVING FUNDS.]
Subdivision 1. [REIMBURSEMENTS.] Fees prescribed pursuant
to section 56, for the rendering of the services provided in
that section are deposited in the state treasury by the
collecting agency and credited to the general services revolving
fund.
Subd. 2. [PURPOSE OF FUNDS.] Money in the state treasury
credited to the general services revolving fund and money which
is deposited in the fund is appropriated annually to the
commissioner for the following purposes:
(1) to operate a central store and equipment service;
(2) to operate a central duplication and printing service;
(3) to purchase postage and related items and to refund
postage deposits as necessary to operate the central mailing
service;
(4) to operate a documents service as prescribed by section
56; and
(5) to perform services for any other agency. Money shall
be expended for this purpose only when directed by the
governor. The agency receiving the services shall reimburse the
fund for their cost, and the commissioner shall make the
appropriate transfers when requested. The term "services" as
used in this clause means compensation paid officers and
employees of the state government; supplies, materials,
equipment, and other articles and things used by or furnished to
an agency; and utility services, and other services for the
maintenance, operation, and upkeep of buildings and offices of
the state government.
Subd. 3. [COMPUTER SERVICES REVOLVING FUND.] Money in the
computer services revolving fund is appropriated annually to the
commissioner to operate the division of computer services.
Subd. 4. [REIMBURSEMENTS.] Except as specifically provided
otherwise by law, each agency shall reimburse the computer
services and general services revolving funds for the cost of
all services, supplies, materials, labor and depreciation of
equipment including reasonable overhead costs which the
commissioner is authorized and directed to furnish an agency.
The cost of all publications or other materials produced by the
commissioner and financed from the general services revolving
fund shall include reasonable overhead costs. The commissioner
of finance shall make appropriate transfers to the revolving
funds described in this section when requested by the
commissioner of administration. The commissioner of
administration may make allotments, encumbrances, and, with the
approval of the commissioner of finance, disbursements in
anticipation of such transfers. In addition, the commissioner
of administration, with the approval of the commissioner of
finance, may require an agency to make advance payments to the
revolving funds in this section sufficient to cover the agency's
estimated obligation for a period of at least 60 days. All such
reimbursements and other money received by the commissioner of
administration under this section shall be deposited in the
appropriate revolving fund. Any earnings remaining in the fund
established to account for the documents service prescribed by
section 56 at the end of each fiscal year not otherwise needed
for present or future operations, as determined by the
commissioners of administration and finance, shall be
transferred to the general fund.
Subd. 5. [LIQUIDATION.] If the computer services or
general services revolving fund is abolished or liquidated, the
total net profit from the operation of each fund shall be
distributed to the various funds from which purchases were
made. The amount to be distributed to each fund shall bear to
such net profit the same ratio as the total purchases from each
fund bears to the total purchases from all the funds during such
period of time as shall fairly reflect the amount of net profit
each fund is entitled to receive under the distribution required
by this section.
CENTRAL SERVICES
Sec. 54. [16B.49] [CENTRAL MAILING SYSTEM.]
The commissioner shall maintain and operate for agencies a
central mailing system. Official mail of an agency occupying
quarters either in the capitol or in adjoining state buildings
must be delivered unstamped to the central mailing station.
Account must be kept of the postage required on that mail, which
is then a proper charge against the agency delivering the mail.
To provide funds for the payment of postage, each agency shall
make advance payments to the commissioner sufficient to cover
its postage obligations for at least 60 days.
Sec. 55. [16B.50] [CENTRAL DUPLICATING AND PRINTING
DIVISION.]
The commissioner shall maintain and operate for agencies a
central duplicating and printing division which is responsible
for all duplicating and printing. The commissioner shall
prescribe and designate classes of state printing. The
duplicating and printing work to be done by the division is
restricted to producing any form, booklet or pamphlet to the
extent the commissioner deems appropriate.
Sec. 56. [16B.51] [AGENCY REPORTS.]
Subdivision 1. [SUPERVISION BY COMMISSIONER.] The
commissioner shall supervise and control the making and
distribution of all reports and other publications of all kinds
issued by the state and state agencies when not otherwise
prescribed by law. The commissioner shall also prescribe the
manner and form of issuing reports required by sections 8.08;
16A.50; 35.03; 139.08, subdivision 5; 256.01; 268.12,
subdivision 2; 299C.18; 343.08; and 360.015, subdivision 17.
Subd. 2. [PRESCRIBE FEES.] The commissioner may prescribe
fees to be charged for services rendered by the state or an
agency in furnishing to those who request them certified copies
of records or other documents, certifying that records or
documents do not exist and furnishing other reports,
publications, or related material which is requested. The fees,
unless otherwise prescribed by law, may be fixed at the market
rate. The commissioner of finance is authorized to approve the
prescribed rates for the purpose of assuring that they, in
total, will result in receipts greater than costs in the fund.
Fees prescribed under this subdivision are deposited in the
state treasury by the collecting agency and credited to the
general services revolving fund. Nothing in this subdivision
permits the commissioner of administration to furnish any
service which is now prohibited or unauthorized by law.
Subd. 3. [SALE OF PUBLICATIONS.] The commissioner may sell
official reports, documents, and other publications of all
kinds, may delegate their sale to state agencies, and may
establish facilities for their sale within the department of
administration and elsewhere within the state service.
Subd. 4. [EXCEPTIONS.] This section does not apply to the
Regents of the University of Minnesota or to the state
agricultural society.
Subd. 5. [LIMITATIONS ON SUBJECT MATTER PROHIBITED.] The
commissioner may not adopt rules which limit in any way the
subject matter of a report or publication which the law requires
or authorizes an agency to produce.
Sec. 57. [16B.52] [MISUSE OF STATE PUBLICATIONS.]
Subdivision 1. [PERMISSIBLE PUBLICATIONS; PICTURES.] No
elected, administrative, or executive state officer, may have
printed, nor may the commissioner authorize the printing of, at
government expense, official reports and other publications
intended for general public circulation except those authorized
by law or included in the intent of the appropriation out of
which the cost will be defrayed. Executive officers shall,
before presenting their annual reports and other publications to
the commissioner, examine them and exclude from them pictures of
elected and administrative officials, and any other pictorial
device calculated to or tending to attribute the publication to
an individual instead of the department of state government from
which it emanates. All other engravings, maps, drawings and
illustrations must be excluded from the reports and
publications, except those the executive officers certify when
they present the reports for printing to be necessary and to
relate entirely to the transaction of the state's business, or
to be reasonably required to present for clear understanding the
substance of the report.
Subd. 2. [ATTRIBUTION OF PUBLICATIONS.] A report or
publication authorized by law and paid for from public funds
must carry the imprimatur of the agency under whose authority it
is issued, but it may not carry the name of an official in any
way that might imply attributing the publication to any person,
except where certification of the officer is required for
authenticity of the document.
Subd. 3. [DISTRIBUTION.] No report or publication
distributed by or from an administrative or executive officer
may contain any notice that it is sent with "the compliments"
and may not carry letters of personal greeting from an official.
Subd. 4. [EXCEPTION.] This section does not apply to the
legislative manuals provided for in chapter 5.
Subd. 5. [PUBLICATIONS BY DEPARTMENT OF ADMINISTRATION.]
Notwithstanding the provisions of this section or any other law
relating to the subject matter of this section, the department
of administration may continue to publish reports, documents,
and related materials of the same manner described in its
catalogs of Minnesota state publications.
Sec. 58. [16B.53] [SALE OF LAWS AND RESOLUTIONS.]
Subdivision 1. [AUTHORITY.] The commissioner shall provide
for the sale and distribution of copies of laws and resolutions
on file in the office of the secretary of state in accordance
with this section. The secretary of state and the revisor of
statutes shall cooperate with the commissioner in furnishing the
services provided for in this section.
Subd. 2. [CHARGES.] The commissioner shall establish
charges for those laws and resolutions sufficient to cover their
cost. Fees established for the sale and distribution of laws
and resolutions, including mailing and postage charges, may be
accepted by the commissioner in advance, and any unused portions
amounting to $1 or more may be returned to the person entitled
to them upon request, notwithstanding the provision of any other
law prohibiting refunds.
Subd. 3. [REVOLVING FUND.] Money collected by the
commissioner under this section must be deposited in the central
services revolving fund in the state treasury. Money in that
fund is annually appropriated to the commissioner for the
purposes of carrying out this section.
VEHICLES
Sec. 59. [16B.54] [CENTRAL MOTOR POOL, ESTABLISHMENT.]
Subdivision 1. [MOTOR POOLS.] The commissioner shall
manage a central motor pool of passenger motor vehicles and
trucks used by state agencies with principal offices in the city
of St. Paul and may provide for branch central motor pools at
other places within the state. For purposes of this section,
"truck" means a pickup or panel truck up to one ton carrying
capacity.
Subd. 2. [VEHICLES.] (a) [ACQUISITION FROM AGENCY;
APPROPRIATION.] The commissioner may direct an agency to
transfer to him a passenger motor vehicle or truck presently
assigned to it for the central motor pool. The commissioner
shall reimburse an agency whose motor vehicles have been paid
for with funds dedicated by the constitution for a special
purpose and which are assigned to the central motor pool. The
amount of reimbursement for a motor vehicle is its average
wholesale price as determined from the midwest edition of the
national automobile dealers association official used car guide.
(b) [PURCHASE.] To the extent that funds are available for
the purpose, the commissioner may purchase or otherwise acquire
additional passenger motor vehicles and trucks necessary for the
central motor pool. The title to all motor vehicles assigned to
or purchased or acquired for the central motor pool is in the
name of the department of administration.
(c) [TRANSFER AT AGENCY REQUEST.] On the request of an
agency, the commissioner may transfer to the central motor pool
any passenger motor vehicle or truck for the purpose of
disposing of it. The department or agency transferring the
vehicle or truck shall be paid for it from the motor pool
revolving account established by this section in an amount equal
to two-thirds of the average wholesale price of the vehicle or
truck as determined from the midwest edition of the National
Automobile Dealers Association official used car guide.
(d) [VEHICLES; MARKING.] The commissioner shall provide for
the uniform marking of all motor vehicles. Motor vehicle colors
must be selected from the regular color chart provided by the
manufacturer each year. The commissioner may further provide by
rule for the use of motor vehicles without uniform coloring or
marking by the governor, the lieutenant governor, the division
of criminal apprehension, arson investigators of the division of
fire marshal in the department of public safety, and the office
of the attorney general.
Subd. 3. [RESPONSIBLE PERSON; PERSONNEL.] The commissioner
is responsible for the control, regulation, acquisition,
operation, maintenance, repair, and disposal of all motor
vehicles of the central motor pool. The commissioner may employ
a director and other necessary classified employees for the
operation of the central motor pool in accordance with chapter
43A.
Subd. 4. [MAINTENANCE, REPAIR, AND STORAGE;
APPROPRIATION.] (a) [MAINTENANCE, REPAIR, STORAGE.] The
commissioner may contract with the head of an agency or another
person operating facilities for the maintenance, repair, and
storage of motor vehicles to provide for maintenance, repair,
and storage of motor vehicles of the central motor pool.
(b) [APPROPRIATION.] Money received by the head of an
agency under a contract with the commissioner under this
subdivision is annually appropriated to the agency for the same
purposes as money expended by the agency head for the operation
of state-owned facilities for the maintenance, repair, and
storage of motor pool vehicles.
Subd. 5. [USE OF MOTOR VEHICLES.] The motor vehicles in
the central motor pool are for official state business only. An
agency requiring the services of a motor vehicle shall request
it from the central motor pool on either a temporary or
permanent basis. No privately owned motor vehicle may be used
for official state business except when authorized by the
commissioner.
Subd. 6. [SCHEDULE OF CHARGES.] An agency using the
facilities of the central motor pool shall periodically
reimburse the commissioner for the services, in accordance with
the schedule of charges the commissioner establishes. This
schedule of charges must be based on the costs incurred in
operating the central motor pool, including reasonable overhead
costs, vehicle depreciation, insurance for public liability and
property damage, and other costs. The commissioner must retain
records and reports and all schedules used as a basis for
charging state agencies for the services furnished.
Subd. 7. [EXCEPTIONS.] This section does not apply to
motor vehicles of the state patrol or the University of
Minnesota, or to motor vehicles of any other agency which are
specially equipped for the needs of that agency.
Subd. 8. [MOTOR POOL REVOLVING ACCOUNT.] (a) [ACCOUNT
ESTABLISHED.] Money or reimbursements the commissioner receives
from the operation of the central motor pool is deposited in the
state treasury and credited to a motor pool revolving account.
Money in the account is annually appropriated to the
commissioner to carry out this section. The motor pool
revolving account may be used to provide material transfer
services to agencies.
(b) [UNOBLIGATED EXCESS TRANSFERRED.] When the unobligated
amount of money in the state treasury credited to the motor pool
revolving account exceeds the sum of $438,000 at the end of any
fiscal year, the unobligated amount in excess of $438,000 must
be transferred to the general fund in the state treasury.
Sec. 60. [16B.55] [USE OF STATE VEHICLES; COMPENSATION FOR
USE OF PERSONAL VEHICLES.]
Subdivision 1. [DEFINITION.] For purposes of this section,
"state vehicle" means a vehicle owned or leased by the state or
loaned to the state.
Subd. 2. [PROHIBITED USES.] A state vehicle may be used
only for authorized state business. A state vehicle may not be
used for transportation to or from the residence of a state
employee, except as provided in subdivision 3.
Subd. 3. [PERMITTED USES.] A state vehicle may be used by
a state employee to travel to or from the employee's residence:
(1) on a day on which it may be necessary for the employee
to respond to a work-related emergency during hours when the
employee is not normally working;
(2) if the employee has been assigned the use of a state
vehicle for authorized state business on an extended basis, and
the employee's primary place of work is not the state work
station to which he is permanently assigned;
(3) if the employee has been assigned the use of a state
vehicle for authorized state business away from the work station
to which he is permanently assigned, and the number of miles
travelled, or the time needed to conduct the business, will be
minimized if the employee uses a state vehicle to travel to the
employee's residence before or after travelling to the place of
state business.
Use of a state vehicle pursuant to this subdivision
requires the prior approval of the agency head or the designee
of the agency head. Within 15 days of the end of each
three-month period, the head of each agency shall report to the
commissioner on each case in which a state vehicle is used by an
employee of that agency to travel to or from the employee's
residence. The commissioner shall specify the form of this
report and the information to be included. If no state vehicles
have been used for this travel, the head of the state agency
shall report this to the commissioner; or
(4) if the employee is authorized to participate in a
ridesharing program established by the commissioner pursuant to
section 174.257.
Subd. 4. [PERSONAL VEHICLES.] No state employee shall be
compensated by the state for use of a personal vehicle for
travel between the employee's residence and the state work
station to which the employee is permanently assigned, except
pursuant to a collective bargaining agreement negotiated under
chapter 179 or a compensation plan adopted by the commissioner
of employee relations under section 43A.05. A collective
bargaining agreement or compensation plan may only provide for
this compensation in cases in which an employee is called back
to work during hours when the employee is not normally working.
Subd. 5. [EXCLUSIONS.] Subdivisions 2 to 4 do not apply to
the van pooling program established in section 61, to a
ride-sharing program established by the department of
transportation, to a trooper employed by the state patrol, or to
use of a state vehicle by the governor or lieutenant governor.
Subd. 6. [ADMINISTRATIVE POLICIES.] The commissioner shall
determine when an employee must reimburse the state for use of a
state vehicle and the rates of reimbursement. Rates of
reimbursement shall cover the full cost to the state for the
travel for which reimbursement is required. The commissioner
shall also set operating procedures for use of state vehicles.
These rules, rates, and operating procedures are not subject to
the Administrative Procedure Act. Money received under these
rules shall be deposited as nondedicated receipts to the credit
of the fund from which the costs of operating the individual
vehicles are paid.
Sec. 61. [16B.56] [COMMUTER VANS; STATE EMPLOYEES AND
SPOUSES; BLIND VENDING OPERATORS.]
Subdivision 1. [EMPLOYEE TRANSPORTATION PROGRAM.] (a)
[ESTABLISHMENT.] To conserve energy and alleviate traffic
congestion around state offices, the commissioner shall, in
cooperation with the commissioner of energy and economic
development, the commissioner of transportation, and interested
nonprofit agencies, establish and operate an employee
transportation program using commuter vans with a capacity of
not less than seven nor more than 16 passengers. Commuter vans
may be used by state employees and blind vending operators to
travel between their homes and their work locations, and for
personal purposes after working hours, not including partisan
political activity. The commissioner shall acquire or lease
commuter vans, or otherwise contract for the provision of
commuter vans, and shall make the vans available for the use of
state employees and blind vending operators in accordance with
standards and procedures adopted by the commissioner. The
commissioner shall promote the maximum participation of state
employees and blind vending operators in the use of the vans.
(b) [ADMINISTRATIVE POLICIES.] The commissioner shall adopt
standards and procedures under this section without regard to
chapter 14. The commissioner shall provide for the recovery by
the state of vehicle acquisition, lease, operation, and
insurance costs through efficient and convenient assignment of
vans, and for the billing of costs and collection of fees. A
state employee using a van for personal use shall pay, pursuant
to the standards and procedures adopted by the commissioner, for
operating and routine maintenance costs incurred as a result of
the personal use. Fees collected under this subdivision shall
be deposited in the accounts from which the costs of operating,
maintaining, and leasing or amortization for the specific
vehicle are paid.
Subd. 2. [ELIGIBLE PARTICIPANTS.] State and other public
employees and their spouses and other people who work in
buildings owned or leased by the state are eligible for the
employee transportation program established by this section, if
the driver and substitute driver of every van pool are state
employees and if state employees constitute a majority of the
members of every van pool. Available space in van pools must,
whenever possible, be filled by state employees.
Subd. 3. [AREAS OF USE.] Use of the vans pursuant to this
section is limited to areas not having adequate public
transportation between the residences of state employees and
blind vending operators and their places of employment.
Subd. 4. [EVALUATION.] The commissioner shall at least
semiannually inform the metropolitan council and the capitol
area architectural and planning board on the operation of the
program.
Subd. 5. [INSURANCE; LIMITATIONS.] Notwithstanding section
15.31 or any other law to the contrary, the commissioner may
purchase, pursuant to this chapter, collision insurance coverage
for the commuter vans. Notwithstanding sections 59, subdivision
2, and 168.012, the vans may not be marked. The vans may not be
equipped with tax-exempt motor vehicle number plates.
Subd. 6. [BLIND VENDING OPERATOR.] "Blind vending
operator" means a blind person licensed to operate a vending
stand or machine pursuant to section 248.07.
Sec. 62. [16B.57] [GASOLINE AND PETROLEUM PRODUCTS, SOURCE
OF SUPPLY FOR AGENCIES.]
Subdivision 1. [PETROLEUM PRODUCTS FACILITIES.] The
commissioner may require a state agency which has facilities for
the storage and distribution of gasoline and other petroleum
products to furnish gasoline and other petroleum products to any
other state agency and shall require payment to compensate for
the cost of those products. The commissioner shall prescribe
all procedures for the guidance of state agencies in carrying
out the requirements of this section.
Subd. 2. [APPROPRIATION.] Money paid by one state agency
to another to compensate for the cost of products furnished
under subdivision 1 is annually appropriated to the state agency
which furnishes those products.
Sec. 63. [16B.58] [STATE PARKING FACILITIES.]
Subdivision 1. [POWERS AND DUTIES OF THE COMMISSIONER.] No
person may park a motor vehicle, either privately or publicly
owned, upon any parking lot or facility owned or operated by the
state except as authorized by this section. The commissioner
shall operate and supervise all state parking lots and
facilities. He may fix and collect rents, charges, or fees in
connection with and for the use of any state parking lot or
facility within the cities of St. Paul and Minneapolis except
for any state lot or facility the control of which is vested by
law in a state agency other than the department of
administration.
Subd. 2. [RULES.] Copies of the commissioner's rules under
this section must be provided to all contract parkers. Each
parking lot or facility must be posted with notice of who is
entitled to park there.
Subd. 3. [REMOVAL AND IMPOUNDING OF VEHICLES.] A motor
vehicle parked on a state parking lot or facility in violation
of the rules of the commissioner is a public nuisance and the
commissioner shall provide for the abatement of the nuisance by
rules, including provision for the removal and impounding of the
motor vehicle. The cost of the removal and impounding is a lien
against the motor vehicle until paid.
Subd. 4. [VIOLATIONS.] A person, elective or appointed
state official, firm, association, or corporation which violates
any of the provisions of this section or any rule made by the
commissioner under this section is guilty of a misdemeanor.
Subd. 5. [MONEY COLLECTED.] Money collected by the
commissioner as rents, charges, or fees in connection with and
for the use of a parking lot or facility is appropriated to the
commissioner for the purpose of operating, maintaining, and
improving parking lots or facilities owned or operated by the
state, including providing necessary and suitable uniforms for
employees, and to carry out the purposes of this section, except
as provided in subdivision 7.
Subd. 6. [LEGISLATIVE PARKING RESOLUTIONS.] The provisions
of this section do not affect rules of parking adopted by
resolution of the legislature during legislative sessions.
Subd. 7. [SURCHARGE FOR VEHICLES OCCUPIED BY ONE PERSON.]
The commissioner shall impose a surcharge of 25 percent for
vehicles occupied by only one person parking in a state parking
facility in the capitol area, as described by section 15.50,
subdivision 2. The revenue from this additional charge shall be
placed by the commissioner in a special account. For the
benefit of employees employed in the capitol area, the money in
the account is appropriated to the commissioner and shall be
used by the commissioner to acquire or lease commuter vans
pursuant to section 61 and, within limits and upon conditions
the commissioner determines to be necessary, to reimburse state
agencies for costs resulting from agreements with the
metropolitan transit commission or other operators pursuant to
section 473.409. The commissioner may adopt rules necessary to
administer the provisions of this subdivision, subdivision 5,
and section 473.409. The rules may exempt from the surcharge
vehicles operated by persons whom the commissioner determines
have job requirements that make car pooling impractical.
Subd. 8. [FEES CHARGED STATE EMPLOYEES.] Notwithstanding
any other law to the contrary, the commissioner shall charge
state employees for parking facilities which are used by them
and furnished for their use pursuant to any lease entered into
between the state of Minnesota and the lessor of any privately
owned property situated in the seven county metropolitan area.
STATE BUILDING CODE
Sec. 64. [16B.59] [STATE BUILDING CODE; POLICY AND
PURPOSE.]
The state building code governs the construction,
reconstruction, alteration, and repair of state-owned buildings
and other structures to which the code is applicable. The
commissioner shall administer and amend a state code of building
construction which will provide basic and uniform performance
standards, establish reasonable safeguards for health, safety,
welfare, comfort, and security of the residents of this state
and provide for the use of modern methods, devices, materials,
and techniques which will in part tend to lower construction
costs. The construction of buildings should be permitted at the
least possible cost consistent with recognized standards of
health and safety.
Sec. 65. [16B.60] [DEFINITIONS, STATE BUILDING CODE.]
Subdivision 1. [SCOPE.] For the purposes of sections 64 to
78, the terms defined in this section have the meanings given
them.
Subd. 2. [CITY.] "City" means a home rule charter or
statutory city.
Subd. 3. [MUNICIPALITY.] "Municipality" means a city,
county, or town meeting the requirements of section 368.01,
subdivision 1, or the University of Minnesota.
Subd. 4. [CODE.] "Code" means the state building code
adopted by the commissioner in accordance with sections 64 to 78.
Subd. 5. [AGRICULTURAL BUILDING.] "Agricultural building"
means a structure on agricultural land as defined in section
273.13, subdivision 6, designed, constructed, and used to house
farm implements, livestock, or agricultural produce or products
used by the owner, lessee, and sublessee of the building and
members of their immediate families, their employees, and
persons engaged in the pickup or delivery of agricultural
produce or products.
Subd. 6. [PUBLIC BUILDING.] "Public building" means a
building and its grounds, the cost of which is paid for by the
state, a state agency or governmental subdivision, an agency of
a governmental subdivision, or a school district.
Subd. 7. [PHYSICALLY HANDICAPPED.] "Physically
handicapped" means having sight disabilities, hearing
disabilities, disabilities of incoordination, disabilities of
aging, or other disabilities that significantly reduce mobility,
flexibility, coordination, or perceptiveness.
Subd. 8. [REMODELING.] "Remodeling" means deliberate
reconstruction of an existing public building in whole or in
part in order to bring it up to date in conformity with present
uses of the structure and to which other rules on the upgrading
of health and safety provisions are applicable.
Sec. 66. [16B.61] [GENERAL POWERS OF COMMISSIONER, STATE
BUILDING CODE.]
Subdivision 1. [ADOPTION OF CODE.] Subject to sections 64
to 78, the commissioner shall by rule establish a code of
standards for the construction, reconstruction, alteration, and
repair of state-owned buildings, governing matters of structural
materials, design and construction, fire protection, health,
sanitation, and safety. The code must conform insofar as
practicable to model building codes generally accepted and in
use throughout the United States. In the preparation of the
code, consideration must be given to the existing state-wide
specialty codes presently in use in the state. Model codes with
necessary modifications and state-wide specialty codes may be
adopted by reference. The code must be based on the application
of scientific principles, approved tests, and professional
judgment. To the extent possible, the code must be adopted in
terms of desired results instead of the means of achieving those
results, avoiding wherever possible the incorporation of
specifications of particular methods or materials. To that end
the code must encourage the use of new methods and new
materials. Except as otherwise provided in sections 64 to 78,
the commissioner shall administer and enforce the provisions of
those sections.
Subd. 2. [ENFORCEMENT BY CERTAIN BODIES.] Under the
direction and supervision of the commissioner, the provisions of
the code relating to electrical installations shall be enforced
by the state board of electricity, pursuant to the Minnesota
Electrical Act, the provisions relating to plumbing shall be
enforced by the commissioner of health, the provisions relating
to fire protection shall be enforced by the state fire marshal,
the provisions relating to high pressure steam piping and
appurtenances and elevators shall be enforced by the department
of labor and industry, and the code as applied to public school
buildings shall be enforced by the state board of education.
Fees for inspections conducted by the state board of electricity
shall be paid in accordance with the rules of the state board of
electricity.
Subd. 3. [SPECIAL REQUIREMENTS.] (a) [SPACE FOR COMMUTER
VANS.] The code must require that any parking ramp or other
parking facility constructed in accordance with the code include
an appropriate number of spaces suitable for the parking of
motor vehicles having a capacity of seven to 16 persons and
which are principally used to provide prearranged commuter
transportation of employees to or from their place of employment
or to or from a transit stop authorized by a local transit
authority.
(b) [SMOKE DETECTION DEVICES.] The code must require that
all dwellings, lodging houses, apartment houses, and hotels as
defined in section 299F.362 comply with the provisions of
section 299F.362.
(c) [DOORS IN NURSING HOMES AND HOSPITALS.] The state
building code may not require that each door entering a sleeping
or patient's room from a corridor in a nursing home or hospital
with an approved complete standard automatic fire extinguishing
system be constructed or maintained as self-closing or
automatically closing.
Subd. 4. [REVIEW OF PLANS FOR PUBLIC BUILDINGS.]
Construction or remodeling may not begin on any public building
owned by the state until the plans and specifications of the
public building have been approved by the commissioner. In the
case of any other public building, the plans and specifications
must be submitted to the commissioner for review, and within 30
days after his receipt of the plans and specifications, he shall
notify the submitting authority of his recommendations if any.
Subd. 5. [ACCESSIBILITY.] (a) [PUBLIC BUILDINGS.] The code
must provide for making public buildings constructed or
remodeled after July 1, 1963, accessible to and usable by
physically handicapped persons, although this does not require
the remodeling of public buildings solely to provide
accessibility and usability to the physically handicapped when
remodeling would not otherwise be undertaken.
(b) [LEASED SPACE.] No agency of the state may lease space
for agency operations in a non-state-owned building unless the
building satisfies the requirements of the state building code
for accessibility by the physically handicapped, or is eligible
to display the state symbol of accessibility. This limitation
applies to leases of 30 days or more for space of at least 1,000
square feet.
(c) [MEETINGS OR CONFERENCES.] Meetings or conferences for
the public or for state employees which are sponsored in whole
or in part by a state agency must be held in buildings that meet
the state building code requirements relating to accessibility
for physically handicapped persons. This subdivision does not
apply to any classes, seminars, or training programs offered by
a state university, the University of Minnesota, or a state
community college. Meetings or conferences intended for
specific individuals none of whom need the accessibility
features for handicapped persons specified in the state building
code need not comply with this subdivision unless a handicapped
person gives reasonable advance notice of his or her intent to
attend the meeting or conference. When sign language
interpreters will be provided, meetings or conference sites must
be chosen which allow hearing impaired participants to see their
signing clearly.
(d) [EXEMPTIONS.] The commissioner may grant an exemption
from the requirements of paragraphs (b) and (c) in advance if an
agency has demonstrated that reasonable efforts were made to
secure facilities which complied with those requirements and if
the selected facilities are the best available for access for
handicapped persons. Exemptions shall be granted using criteria
developed by the commissioner in consultation with the council
for the handicapped.
(e) [SYMBOL INDICATING ACCESS.] The wheelchair symbol
adopted by Rehabilitation International's Eleventh World
Congress is the state symbol indicating buildings, facilities,
and grounds which are accessible to and usable by handicapped
persons. In the interests of uniformity, this symbol in its
white on blue format is the sole symbol for display in or on all
public or private buildings, facilities, and grounds which
qualify for its use. The secretary of state shall obtain the
symbol and keep it on file. No building, facility, or grounds
may display the symbol unless it is in compliance with the rules
adopted by the commissioner under subdivision 1. Before any
rules are proposed for adoption under this paragraph, the
commissioner shall consult with the state council for the
handicapped. Rules adopted under this paragraph must be
enforced in the same way as other accessibility rules of the
state building code.
(f) [MUNICIPAL ENFORCEMENT.] Municipalities which have not
adopted the state building code may enforce the building code
requirements for handicapped persons by either entering into a
joint powers agreement for enforcement with another municipality
which has adopted the state building code; or contracting for
enforcement with an individual certified under section 70,
subdivision 3, to enforce the state building code.
Sec. 67. [16B.62] [STATE BUILDING CODE; APPLICATION.]
Subdivision 1. [MUNICIPAL ENFORCEMENT.] The state building
code applies state-wide and supersedes the building code of any
municipality. The state building code does not apply to
agricultural buildings except with respect to state inspections
required or rulemaking authorized by sections 104.05, 326.244,
and 116J.19, subdivision 8. All municipalities shall adopt and
enforce the state building code with respect to new construction
within their respective jurisdictions.
If a city has adopted or is enforcing the state building
code on June 3, 1977, or determines by ordinance after that date
to undertake enforcement, it shall enforce the code within the
city. A city may by ordinance extend the enforcement of the
code to contiguous unincorporated territory not more than two
miles distant from its corporate limits in any direction. Where
two or more noncontiguous cities which have elected to enforce
the code have boundaries less than four miles apart, each is
authorized to enforce the code on its side of a line equidistant
between them. Once enforcement authority is extended
extraterritorially by ordinance, the authority may continue to
be exercised in the designated territory even though another
city less than four miles distant later elects to enforce the
code. After the extension, the city may enforce the code in the
designated area to the same extent as if the property were
situated within its corporate limits.
A city which, on June 3, 1977, had not adopted the code may
not commence enforcement of the code within or outside of its
jurisdiction until it has provided written notice to the
commissioner, the county auditor, and the town clerk of each
town in which it intends to enforce the code. A public hearing
on the proposed enforcement must be held not less than 30 days
after the notice has been provided. Enforcement of the code by
the city commences on the first day of January in the year
following the notice and hearing.
Municipalities may provide for the issuance of permits,
inspection, and enforcement within their jurisdictions by means
which are convenient, and lawful, including by means of
contracts with other municipalities pursuant to section 471.59,
and with qualified individuals. In areas outside of the
enforcement authority of a city, the fee charged for the
issuance of permits and inspections for single family dwellings
may not exceed the greater of $100 or .005 times the value of
the structure, addition, or alteration. The other
municipalities or qualified individuals may be reimbursed by
retention or remission of some or all of the building permit fee
collected or by other means. In areas of the state where
inspection and enforcement is unavailable from qualified
employees of municipalities, the commissioner shall train and
designate individuals available to carry out inspection and
enforcement on a fee basis.
Subd. 2. [ENFORCEMENT BY STATE BUILDING INSPECTOR.] If the
commissioner determines that a municipality is not properly
administering and enforcing the state building code as provided
in section 76, the commissioner may have the administration and
enforcement in the involved municipality undertaken by the state
building inspector. The commissioner shall notify the affected
municipality in writing immediately upon making the
determination, and the municipality may challenge the
determination as a contested case before the commissioner
pursuant to the Administrative Procedure Act. In municipalities
not properly administering and enforcing the state building
code, and in municipalities who determine not to administer and
enforce the state building code, the commissioner shall have
administration and enforcement undertaken by the state building
inspector or by another inspector certified by the state. The
commissioner shall determine appropriate fees to be charged for
the administration and enforcement service rendered. Any cost
to the state arising from the state administration and
enforcement of the state building code shall be borne by the
subject municipality.
Sec. 68. [16B.63] [STATE BUILDING INSPECTOR.]
Subdivision 1. [APPOINTMENT.] The commissioner shall
appoint a state building inspector who under the direction and
supervision of the commissioner shall administer the code.
Subd. 2. [QUALIFICATIONS.] To be eligible for appointment
as state building inspector an individual must be competent in
the field of administration and shall have the experience in
building design, construction, and supervision which the
commissioner considers necessary.
Subd. 3. [POWERS AND DUTIES.] The state building inspector
may, with the approval of the commissioner, employ personnel
necessary to carry out his function under sections 64 to 78. The
state building inspector shall distribute without charge one
copy of the code to each municipality within the state.
Additional copies shall be made available to municipalities and
interested parties for a fee prescribed by the commissioner. The
state building inspector shall perform other duties in
administering the code assigned to him by the commissioner.
Sec. 69. [16B.64] [APPLICATION OF ADMINISTRATIVE PROCEDURE
ACT.]
Subdivision 1. [APPLICABILITY.] Subject to this section,
the adoption of the code and amendment is subject to the
Administrative Procedure Act.
Subd. 2. [DISTRIBUTION OF INCORPORATIONS BY REFERENCE.]
The commissioner need not publish or distribute those parts of
the code which are adopted by reference pursuant to section
14.06.
Subd. 3. [FILING.] The commissioner shall file one copy of
the complete code with the secretary of state, except that all
standards referred to in any model or state-wide specialty code
or any of the modifications of a code need not be filed. All
standards referred to in the code must be kept on file and
available for inspection in the office of the commissioner.
Subd. 4. [HEARINGS.] The commissioner, except in the case
of energy conservation standards promulgated or amended pursuant
to section 116J.19, subdivision 8, shall hold all state hearings
and make all determinations regarding any subject matter dealt
with in the code including those in which another state agency
proposes to adopt or amend rules which are incorporated by
reference into the code or whenever the commissioner proposes to
incorporate those rules into the state building code. In no
event shall a state agency subsequently authorized to adopt
rules involving state building code subject matter proceed to
adopt the rules without prior consultation with the commissioner.
Subd. 5. [PROPOSED AMENDMENTS; HEARINGS.] Any interested
person may propose amendments to the code which may be either
applicable to all municipalities or, where it is alleged and
established that conditions exist within a municipality which
are not generally found within other municipalities, amendments
may be restricted in application to that municipality. Notice
of public hearings on proposed amendments shall be given to the
governing bodies of all municipalities in addition to those
persons entitled to notice under the Administrative Procedure
Act.
Subd. 6. [ADOPTION.] The commissioner shall approve any
proposed amendments which he deems to be reasonable in
conformity with the policy and purpose of the code and justified
under the particular circumstances involved. Upon adoption, a
copy of each amendment must be distributed to the governing
bodies of all affected municipalities.
Subd. 7. [INVESTIGATION AND RESEARCH.] With the approval
of the commissioner the state building inspector shall
investigate or provide for investigations, or may accept
authenticated reports from authoritative sources, concerning new
materials or modes of construction intended for use in the
construction of buildings or structures, and shall propose
amendments to the code setting forth the conditions under which
the new materials or modes may be used.
Sec. 70. [16B.65] [BUILDING OFFICIALS.]
Subdivision 1. [APPOINTMENTS.] The governing body of each
municipality shall, unless other means are already provided,
appoint a person to administer the code who shall be known as a
building official. Two or more municipalities may combine in
the appointment of a single building official for the purpose of
administering the provisions of the code within their
communities. In those municipalities for which no building
officials have been appointed, the state building inspector,
with the approval of the commissioner, may appoint building
officials to serve until the municipalities have made an
appointment. If the state building inspector is unable to make
an appointment he may use whichever state employees or state
agencies are necessary to perform the duties of the building
official. All costs incurred by virtue of an appointment by the
state building inspector or services rendered by state employees
must be borne by the involved municipality. Receipts arising
from the appointment must be paid into the state treasury and
credited to the general fund.
Subd. 2. [QUALIFICATIONS.] A building official, to be
eligible for appointment, must have the experience in design,
construction, and supervision which the commissioner deems
necessary and must be generally informed on the quality and
strength of building materials, accepted building construction
requirements, and the nature of equipment and needs conducive to
the safety, comfort, and convenience of building occupants. Each
building official must be certified under this section, except
that the qualifications outlined in this section are not
mandatory regarding any building official in any municipality
engaged in the administration of a building code on May 27,
1971, and continuing that function through July 1, 1972.
Subd. 3. [CERTIFICATION.] The department of employee
relations, with the approval of the commissioner, shall either:
(1) prepare and conduct oral, written, and practical
examinations to determine if a person is qualified pursuant to
subdivision 2 to be a building official, or
(2) accept documentation of successful completion of
programs of training developed by public agencies, as proof of
qualification pursuant to subdivision 2.
Upon a determination of qualification under either clause
(1) or (2) of this section the commissioner shall issue a
certificate to the building official stating that he is
certified. Each person applying for examination and
certification pursuant to this section shall pay a fee of $20.
The department of employee relations and the commissioner or his
designee may establish classes of certification that will
recognize the varying complexities of code enforcement in the
municipalities within the state. Except as provided by
subdivision 2, no person may act as a building official for a
municipality unless the department of employee relations and the
commissioner determine that he is qualified. The department of
employee relations may, with the approval of the commissioner,
prepare and conduct educational programs designed to train and
assist building officials in carrying out their
responsibilities. The commissioner shall reimburse the
department of employee relations for costs of any services
performed by them pursuant to this section.
Subd. 4. [DUTIES.] Building officials shall, in the
municipality for which they are appointed, attend to all aspects
of code administration, including the issuance of all building
permits and the inspection of all manufactured home
installations. The commissioner may direct a municipality with
a building official to perform services for another
municipality, and in that event the municipality being served
shall pay the municipality rendering the services the reasonable
costs of the services. The costs may be subject to approval by
the commissioner.
Subd. 5. [REMOVAL FROM OFFICE.] Except as otherwise
provided for by law the commissioner may, upon notice and
hearing, direct the dismissal of a building official when it
appears to him by competent evidence that the building official
has consistently failed to act in the public interest in the
performance of his duties. Notice must be provided and the
hearing conducted in accordance with the provisions of chapter
14 governing contested case proceedings. Nothing in this
subdivision limits or otherwise affects the authority of a
municipality to dismiss or suspend a building official at its
discretion, except as otherwise provided for by law.
Subd. 6. [VACANCIES.] In the event that a certified
building official vacates his position within a municipality,
that municipality shall appoint a certified building official to
fill the vacancy as soon as possible. If the municipality fails
to appoint a certified building official within 90 days of the
occurrence of the vacancy, the state building inspector may make
the appointment or provide state employees to serve that
function as provided in subdivision 1.
Sec. 71. [16B.66] [CERTAIN INSPECTIONS.]
The state building inspector may, upon an application
setting forth a set of plans and specifications that will be
used in more than one municipality to acquire building permits,
review and approve the application for the construction or
erection of any building or structure designed to provide
dwelling space for no more than two families if the set of plans
meets the requirements of the state building code. All costs
incurred by the state building inspector by virtue of the
examination of the set of plans and specifications must be paid
by the applicant. The plans and specifications or any plans and
specifications required to be submitted to a state agency must
be submitted to the state building inspector who shall examine
them and if necessary distribute them to the appropriate state
agencies for scrutiny regarding adequacy as to electrical, fire
safety, and all other appropriate features. These state
agencies shall examine and promptly return the plans and
specifications together with their certified statement as to the
adequacy of the instruments regarding that agency's area of
concern. A building official shall issue a building permit upon
application and presentation to him of a set of plans and
specifications bearing the approval of the state building
inspector if the requirements of all other local ordinances are
satisfied.
Sec. 72. [16B.67] [APPEALS.]
A person aggrieved by the final decision of any
municipality as to the application of the code, including any
rules adopted under sections 471.465 to 471.469, may, within 30
days of the decision, appeal to the commissioner. Appellant
shall submit a fee of $20, payable to the commissioner, with his
request for appeal. The final decision of the involved
municipality is subject to review de novo by the commissioner or
his designee. The commissioner shall submit his written
findings to the parties. Any person aggrieved by a ruling of
the commissioner may appeal in accordance with chapter 14. For
the purpose of this section "any person aggrieved" includes the
state council for the handicapped. No fee shall be required
when the council for the handicapped is the appellant.
Sec. 73. [16B.68] [CERTAIN PERMITS.]
Building permits or certificates of occupancy validly
issued before July 1, 1972, regarding buildings or structures
being constructed or altered according to the permits or
certificates, are valid after that date. The construction may
be completed according to the building permit, unless the
building official determines that life or property is in
jeopardy.
Sec. 74. [16B.69] [VIOLATION, PENALTY.]
A violation of the code is a misdemeanor.
Sec. 75. [16B.70] [SURCHARGE.]
Subdivision 1. [COMPUTATION.] To defray the costs of
administering sections 64 to 78, a surcharge is imposed on all
permits issued by municipalities in connection with the
construction of or addition or alteration to buildings and
equipment or appurtenances after June 30, 1971, as follows:
If the fee for the permit issued is fixed in amount the
surcharge is equivalent to 1/2 mill (.0005) of the fee or 50
cents, whichever amount is greater. For all other permits, the
surcharge is as follows: (a) if the valuation of the structure,
addition, or alteration is $1,000,000 or less, the surcharge is
equivalent to 1/2 mill (.0005) of the valuation of the
structure, addition, or alteration; (b) if the valuation is
greater than $1,000,000, the surcharge is $500 plus two-fifths
mill (.0004) of the value between $l,000,000 and $2,000,000; (c)
if the valuation is greater than $2,000,000 the surcharge is
$900 plus three-tenths mill (.0003) of the value between
$2,000,000 and $3,000,000; (d) if the valuation is greater than
$3,000,000 the surcharge is $1,200 plus one-fifth mill (.0002)
of the value between $3,000,000 and $4,000,000; (e) if the
valuation is greater than $4,000,000 the surcharge is $1,400
plus one-tenth mill (.0001) of the value between $4,000,000 and
$5,000,000; and (f) if the valuation exceeds $5,000,000 the
surcharge is $1,500 plus one-twentieth mill (.00005) of the
value which exceeds $5,000,000.
By September 1 of each odd-numbered year, the commissioner
shall rebate to municipalities any money received under this
section and section 67 in the previous biennium in excess of the
cost to the building code division in that biennium of carrying
out their duties under sections 64 to 78. The rebate to each
municipality must be in proportion to the amount of the
surcharges collected by that municipality and remitted to the
state. The amount necessary to meet the commissioner's rebate
obligations under this subdivision is appropriated to the
commissioner from the general fund.
Subd. 2. [COLLECTION AND REPORTS.] All permit surcharges
must be collected by each municipality and a portion of them
remitted to the state. Each municipality having a population
greater than 20,000 people shall prepare and submit to the
commissioner once a month a report of fees and surcharges on
fees collected during the previous month, but shall retain two
percent of the surcharges collected to apply against the
administrative expenses the municipality incurs in collecting
the surcharges. All other municipalities shall submit the
report and surcharges on fees once a quarter, but shall retain
four percent of the surcharges collected to apply against the
administrative expenses the municipalities incur in collecting
the surcharges. The report, which must be in a form prescribed
by the commissioner, must be submitted together with a
remittance covering the surcharges collected by the 15th day
following the month or quarter in which the surcharges are
collected. All surcharges and other fees prescribed by sections
64 to 76, which are payable to the state, must be paid to the
commissioner who shall deposit them in the state treasury for
credit to the general fund.
Sec. 76. [16B.71] [PERMIT FEES, TO WHOM APPLICABLE.]
Municipal building officials shall administer and enforce
the state building code with respect to all subject structures
constructed within their jurisdiction, including all buildings
constructed by the state of Minnesota, its agencies,
departments, and instrumentalities, school districts,
municipalities as defined in section 65, and the University of
Minnesota. These governmental bodies shall pay the building
permit fees and surcharges that the inspecting municipality
customarily imposes for its administration and enforcement of
the code.
Sec. 77. [16B.72] [REFERENDA ON STATE BUILDING CODE IN
NONMETROPOLITAN COUNTIES.]
Notwithstanding any other provision of law to the contrary,
a county that is not a metropolitan county as defined by section
473.121, subdivision 4, may provide, by a vote of the majority
of its electors residing outside of municipalities that have
adopted the state building code before January 1, 1977, that no
part of the state building code except the building requirements
for handicapped persons applies within its jurisdiction.
The county board may submit to the voters at a regular or
special election the question of adopting the building code. The
county board shall submit the question to the voters if it
receives a petition for the question signed by a number of
voters equal to at least five percent of those voting in the
last general election. The question on the ballot must be
stated substantially as follows:
"Shall the state building code be adopted in ..........
County?"
If the majority of the votes cast on the proposition is in
the negative, the state building code does not apply in the
subject county, outside home rule charter or statutory cities or
towns that adopted the building code before January 1, 1977,
except the building requirements for handicapped persons do
apply.
Nothing in this section precludes a home rule charter or
statutory city or town that did not adopt the state building
code before January 1, 1977, from adopting and enforcing the
state building code within its jurisdiction.
Sec. 78. [16B.73] [STATE BUILDING CODE IN MUNICIPALITIES
UNDER 2,500; LOCAL OPTION.]
The governing body of a municipality whose population is
less than 2,500 may provide that the state building code, except
the requirements for handicapped persons, will not apply within
the jurisdiction of the municipality, if the municipality is
located in whole or in part within a county exempted from its
application under section 77. If more than one municipality has
jurisdiction over an area, the state building code continues to
apply unless all municipalities having jurisdiction over the
area have provided that the state building code, except the
requirements for handicapped persons, does not apply within
their respective jurisdictions.
Sec. 79. Minnesota Statutes 1982, section 43A.08,
subdivision 1, is amended to read:
Subdivision 1. [UNCLASSIFIED POSITIONS.] Unclassified
positions are held by employees who are:
(a) Chosen by election or appointed to fill an elective
office;
(b) Heads of agencies required by law to be appointed by
the governor or other elective officers, and the executive or
administrative heads of departments, bureaus, divisions and
institutions specifically established by law in the unclassified
service;
(c) Deputy and assistant agency heads, and one confidential
secretary in the agencies listed in subdivision 1a;
(d) The confidential secretary to each of the elective
officers of this state and, for the secretary of state, state
auditor, and state treasurer, an additional deputy, clerk, or
employee;
(e) Intermittent help employed by the commissioner of
public safety to assist in the issuance of vehicle licenses;
(f) Employees in the offices of the governor and of the
lieutenant governor, and one confidential employee for the
governor in the office of the adjutant general;
(g) Employees of the legislature and of legislative
committees or commissions; provided that employees of the
legislative audit commission, except for the legislative
auditor, the deputy legislative auditors, and their confidential
secretaries, shall be employees in the classified service;
(h) Presidents, vice presidents, deans, other managers and
professionals in academic and academic support programs,
administrative or service faculty, teachers, research assistants
and student employees eligible under terms of the federal
economic opportunity act work study program in the state
universities and community colleges. This paragraph shall not
be construed to include the custodial, clerical or maintenance
employees, or any professional or managerial employee performing
duties in connection with the business administration of these
institutions.
(i) Officers and enlisted persons in the national guard;
(j) Attorneys, legal assistants, examiners, and three
confidential employees appointed by the attorney general or
employed with his authorization;
(k) Judges and all employees of the judicial branch,
referees, receivers, jurors, and notaries public, except
referees and adjusters employed by the department of labor and
industry;
(l) Members of the state patrol; provided that selection
and appointment of state patrol troopers shall be made in
accordance with applicable laws governing the classified service;
(m) Seasonal help employed by the department of revenue;
(n) Employees of the department of administration
permanently assigned to the ceremonial house;
(o) Chaplains employed by the state;
(p) (o) Examination monitors and intermittent training
instructors employed by the departments of employee relations
and commerce;
(q) (p) Student workers; and
(r) (q) Employees unclassified pursuant to other statutory
authority.
Sec. 80. Minnesota Statutes 1983 Supplement, section
43A.10, subdivision 8, is amended to read:
Subd. 8. [ELIGIBILITY FOR QUALIFIED HANDICAPPED
EXAMINATIONS.] The commissioner shall establish examination
procedures for candidates whose handicaps are of such a severe
nature that the candidates are unable to demonstrate their
abilities in competitive examination processes. The examination
procedures shall consist of up to 700 hours on-the-job trial
work experience which will be in lieu of a competitive
examination and for which the employee disabled person will be
paid or unpaid at the employee's his or her option. This work
experience shall be limited to candidates who are mentally
retarded, have severe hearing or visual impairments, have
mobility impairments requiring the use of a wheelchair, or have
other impairments that comprise serious employment handicaps and
who have been referred for employment to a specific suitable
vacancy by a vocational rehabilitation, veterans administration,
or services for the blind counselor have a physical or mental
impairment for which there is no reasonable accommodation in the
examination process. Implementation of provisions of this
subdivision shall not be deemed a violation of other provisions
of Laws 1981, chapter 210 or chapter 363.
Sec. 81. Minnesota Statutes 1983 Supplement, section
43A.23, subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] The commissioner is authorized
to request bids from carriers or to negotiate with carriers and
to enter into contracts with carriers which in the judgment of
the commissioner are best qualified to underwrite and service
the benefit plans. The commissioner may negotiate premium rates
and coverage provisions with all carriers licensed under
chapters 62A, 62C, and 62D. The commissioner may also negotiate
reasonable restrictions to be applied to all carriers under
chapters 62A, 62C, and 62D. Contracts to underwrite the benefit
plans shall be bid or negotiated separately from contracts to
service the benefit plans, which shall be awarded only on the
basis of competitive bids. The commissioner shall consider the
cost of the plans, conversion options relating to the contracts,
service capabilities, character, financial position, and
reputation of the carriers and any other factors which the
commissioner deems appropriate. Each benefit contract shall be
for a uniform term of at least one year, but may be made
automatically renewable from term to term in the absence of
notice of termination by either party. The commissioner shall,
to the extent feasible, make hospital and medical benefits
available from at least one carrier licensed to do business
pursuant to each of chapters 62A, 62C and 62D. The commissioner
need not provide health maintenance organization services to an
employee who resides in an area which is not served by a
licensed health maintenance organization. The commissioner may
refuse to allow a health maintenance organization to continue as
a carrier if it was selected by less than 200 employees in the
preceding benefit year. The commissioner may elect not to offer
all three types of carriers if there are no bids or no
acceptable bids by that type of carrier or if the offering of
additional carriers would result in substantial additional
administrative costs. Any carrier licensed pursuant to chapter
62A shall be exempt from the tax imposed by section 60A.15 on
premiums paid to it by the state.
Sec. 82. Minnesota Statutes 1982, section 43A.33,
subdivision 1, is amended to read:
Subdivision 1. [DISCHARGE, SUSPENSION, DEMOTION FOR CAUSE,
SALARY DECREASE.] Managers and employees shall attempt to
resolve disputes through informal means prior to the initiation
of disciplinary action. No permanent employee in the classified
service shall be reprimanded, discharged, suspended without pay,
or reduced in pay or position demoted, except for just cause.
Sec. 83. Minnesota Statutes 1982, section 43A.33,
subdivision 3, is amended to read:
Subd. 3. [PROCEDURES.] Procedures for discipline and
discharge of employees covered by collective bargaining
agreements shall be governed by the agreements. Procedures for
employees not covered by a collective bargaining agreement shall
be governed by this subdivision and by the commissioner's and
managerial plans.
(a) For discharge, suspension without pay or reduction in
pay or position demotion, no later than the effective date of
such action, a permanent classified employee not covered by a
collective bargaining agreement shall be given written notice by
the appointing authority. The written notice shall include a
statement of the nature of the disciplinary action, the specific
reasons for the action, the effective date of the action and a
statement informing the employee of the employee's right to
reply within five working days of following the receipt of the
notice in writing or, upon request, in person, to the appointing
authority or the authority's designee. The appointing authority
shall respond within ten working days following receipt of the
employee's reply or of the personal meeting. If the employee
receives a negative reply or no reply from the appointing
authority, the employee shall have 30 calendar days following
the expiration of the ten working day response period to appeal
the action to the office of administrative hearings. The notice
shall also include a statement that the employee may elect to
appeal the action to the office of administrative hearings
within 30 calendar days of following the effective date of the
disciplinary action; provided, that an employee who elects to
reply to the appointing authority may appeal to the office
within ten working days of the receipt of the authority's
response to the reply. If the appointing authority has not
responded within 30 days of the authority's receipt of the
employee's reply, the appointing authority shall be deemed to
have replied unfavorably to the employee. A copy of the notice
and the employee's reply, if any, shall be filed by the
appointing authority with the commissioner no later than ten
calendar days following the effective date of the disciplinary
action. The commissioner shall have final authority to decide
whether the appointing authority shall settle the dispute prior
to the hearing provided under subdivision 4.
(b) For discharge, suspension or reduction in pay or
position demotion of an employee serving an initial probationary
period, and for noncertification in any subsequent probationary
period, grievance procedures shall be as provided in the plan
established pursuant to section 43A.18.
(c) Any permanent employee who is covered by a collective
bargaining agreement may elect to appeal to the chief hearing
examiner within 30 days after following the effective date of
the discharge, suspension or reduction in pay or position
demotion if the collective bargaining agreement provides that
option. In no event may an employee use both the procedure
under this section and the grievance procedure available
pursuant to sections 179.61 to 179.76.
Sec. 84. Minnesota Statutes 1983 Supplement, section
116L.03, subdivision 6, is amended to read:
Subd. 6. [STAFF.] The board may hire an executive director
who shall serve in the unclassified service who shall manage the
partnership subject to the board's direction. The director may
employ a small staff as necessary to carry out the board's
policies.
Sec. 85. Minnesota Statutes 1983 Supplement, section
176.011, subdivision 9, is amended to read:
Subd. 9. [EMPLOYEE.] "Employee" means any person who
performs services for another for hire including the following:
(1) an alien;
(2) a minor;
(3) a sheriff, deputy sheriff, constable, marshal,
policeman, firefighter, county highway engineer, and peace
officer while engaged in the enforcement of peace or in the
pursuit or capture of any person charged with or suspected of
crime and any person requested or commanded to aid an officer in
arresting any person, or in retaking any person who has escaped
from lawful custody, or in executing any legal process in which
case, for purposes of calculating compensation payable under
this chapter, the daily wage of the person requested or
commanded to assist an officer or to execute a legal process
shall be the prevailing wage for similar services where the
services are performed by paid employees;
(4) a county assessor;
(5) an elected or appointed official of the state, or of
any county, city, town, school district or governmental
subdivision in it. An officer of a political subdivision
elected or appointed for a regular term of office, or to
complete the unexpired portion of a regular term, shall be
included only after the governing body of the political
subdivision has adopted an ordinance or resolution to that
effect;
(6) an executive officer of a corporation, except an
officer of a family farm corporation as defined in section
500.24, subdivision 1, clause (c), or an executive officer of a
closely held corporation who is referred to in section 176.012;
(7) a voluntary uncompensated worker, other than an inmate,
rendering services in state institutions under the commissioner
of public welfare and state institutions under the commissioner
of corrections similar to those of officers and employees of
these institutions, and whose services have been accepted or
contracted for by the commissioner of public welfare or the
commissioner of corrections as authorized by law, shall be
employees. In the event of injury or death of the voluntary
uncompensated worker, the daily wage of the worker, for the
purpose of calculating compensation payable under this chapter,
shall be the usual going wage paid at the time of the injury or
death for similar services in institutions where the services
are performed by paid employees;
(8) a voluntary uncompensated worker engaged in peace time
in the civil defense program when ordered to training or other
duty by the state or any political subdivision of it, shall be
an employee. The daily wage of the worker for the purpose of
calculating compensation payable under this chapter, shall be
the usual going wage paid at the time of the injury or death for
similar services where the services are performed by paid
employees;
(9) a voluntary uncompensated worker participating in a
program established by a county welfare board shall be an
employee. In the event of injury or death of the voluntary
uncompensated worker, the wage of the worker, for the purpose of
calculating compensation payable under this chapter, shall be
the usual going wage paid in the county at the time of the
injury or death for similar services where the services are
performed by paid employees working a normal day and week;
(10) a voluntary uncompensated worker accepted by the
commissioner of natural resources who is rendering services as a
volunteer pursuant to section 84.089 shall be an employee. The
daily wage of the worker for the purpose of calculating
compensation payable under this chapter, shall be the usual
going wage paid at the time of injury or death for similar
services where the services are performed by paid employees;
(11) a member of the military forces, as defined in section
190.05, while in state active service, as defined in section
190.05, subdivision 5a. The daily wage of the member for the
purpose of calculating compensation payable under this chapter
shall be based on the member's usual earnings in civil life. If
there is no evidence of previous occupation or earning, the
trier of fact shall consider the member's earnings as a member
of the military forces;
(12) a voluntary uncompensated worker, accepted by the
director of the Minnesota historical society, rendering services
as a volunteer, pursuant to chapter 138, shall be an employee.
The daily wage of the worker, for the purposes of calculating
compensation payable under this chapter, shall be the usual
going wage paid at the time of injury or death for similar
services where the services are performed by paid employees;
(13) a voluntary uncompensated worker, other than a
student, who renders services at the Minnesota School for the
Deaf or the Minnesota Braille and Sight-Saving School, and whose
services have been accepted or contracted for by the state board
of education, as authorized by law, shall be an employee. In
the event of injury or death of the voluntary uncompensated
worker, the daily wage of the worker, for the purpose of
calculating compensation payable under this chapter, shall be
the usual going wage paid at the time of the injury or death for
similar services in institutions where the services are
performed by paid employees;
(14) a voluntary uncompensated worker, other than a
resident of the veterans home, who renders services at a
Minnesota veterans home, and whose services have been accepted
or contracted for by the commissioner of veterans affairs, as
authorized by law, is an employee. In the event of injury or
death of the voluntary uncompensated worker, the daily wage of
the worker, for the purpose of calculating compensation payable
under this chapter, shall be the usual going wage paid at the
time of the injury or death for similar services in institutions
where the services are performed by paid employees;
(15) a worker who renders in-home attendant care services
to a physically handicapped person, and who is paid directly by
the commissioner of public welfare for these services, shall be
an employee of the state within the meaning of this subdivision,
but for no other purpose; and
(16) those students enrolled in and regularly attending the
medical school of the University of Minnesota, whether in the
graduate school program or the post-graduate program, as
provided in section 147.20, notwithstanding that the students
shall not be considered employees for any other purpose. In the
event of the student's injury or death, the weekly wage of the
student for the purpose of calculating compensation payable
under chapter 176, shall be the annualized educational stipend
awarded to the student, divided by 52 weeks. The institution in
which the student is enrolled shall be considered the "employer"
for the limited purpose of determining responsibility for paying
benefits payable under chapter 176; and
(17) a voluntary uncompensated worker, accepted by the
commissioner of administration, rendering services as a
volunteer at the department of administration. In the event of
injury or death of the voluntary uncompensated worker, the daily
wage of the worker, for the purpose of calculating compensation
payable under this chapter, shall be the usual going wage paid
at the time of the injury or death for similar services in
institutions where the services were performed by paid employees.
In the event it is difficult to determine the daily wage as
provided in this subdivision, then the trier of fact may
determine the wage upon which the compensation is payable.
Sec. 86. [611.216] [CRIMINAL AND JUVENILE DEFENSE GRANTS.]
Subdivision 1. [ELIGIBLE RECIPIENTS.] Money appropriated
to provide criminal and juvenile defense to indigent individuals
must be distributed by the board of public defense to the
nonprofit criminal and juvenile defense corporations designated
by law. Money may not be disbursed to a corporation in the
Leech Lake reservation area or the White Earth reservation area
without prior approval by the respective reservation business
committee. Within its geographic area of responsibility each
corporation shall accept cases involving felony, gross
misdemeanor, and misdemeanor charges and juvenile cases if
financial eligibility standards are met, unless there is a legal
reason for rejecting a case. A corporation may accept cases
arising outside its geographic area of responsibility, as
appropriate. Each corporation, in order to ensure broad
support, shall provide matching money received from nonstate
sources, which may include money from federal agencies, local
governments, private agencies, and community groups, equal to
ten percent of its state appropriation. The board of public
defense shall give notice 30 days in advance and conduct a
hearing if it has reasonable grounds to believe money
appropriated for this purpose is being improperly used, or if it
has reasonable cause to believe criminal and juvenile defense of
proper quality is not being supplied. Payment must cease from
the date of notice until either the board of public defense
determines that the money appropriated will be properly handled,
or the board of public defense determines that criminal and
juvenile defense of proper quality will be provided. A
participating corporation may give notice at any time of its
withdrawal from this program of financial assistance.
Subd. 2. [DISCRIMINATION; PENALTY.] An employee,
administrator, or officer of a recipient of the money provided
by this section who discriminates on the basis of sex, race,
color, national origin, religion, or creed is guilty of a gross
misdemeanor.
Subd. 3. [REPORT.] Each corporation shall submit to the
board of public defense twice each year a report on a form
supplied by the council showing the number of clients served,
the number of charges brought, the number of cases of each kind,
such as felonies, gross misdemeanors, misdemeanors, and juvenile
delinquencies, the number of dispositions of each kind, such as
jury trials, court trials, plea bargains, and dismissals, and
the number of court appearances. This information must be
summarized for each corporation in the budget documents
submitted to the legislature.
Sec. 87. Minnesota Statutes 1982, section 645.445,
subdivision 5, is amended to read:
Subd. 5. "Socially or economically disadvantaged person"
means a person who has been deprived of the opportunity to
develop and maintain a competitive position in the economy
because of social or economic conditions. This disadvantage may
arise from cultural, social or economic circumstances, or
background, physical location if the person resides or is
employed in an area designated a labor surplus area by the
United States department of commerce labor, or other similar
cause. It includes racial minorities, women, or persons who
have suffered a substantial physical disability.
Sec. 88. [RELATION TO OTHER ENACTMENTS.]
This act recodifies the laws in Minnesota Statutes 1982 and
1983 Supplement, chapter 16. If S.F. No. 2153, H.F. No. 1939,
or the equivalent, is enacted by the 1984 legislature, that
enactment shall prevail over sections 15, 16, and 17 of this act.
If S.F. No. 2153, H.F. No. 1939, or the equivalent, is not
enacted by the 1984 legislature, sections 15, 16, and 17 of this
act shall prevail.
Sec. 89. [INSTRUCTIONS TO REVISOR.]
In the following sections of Minnesota Statutes, the
revisor of statutes shall change the reference to chapter 16
listed in column B which occurs in the section specified in
column A to the new reference listed in column C.
COLUMN A, Section COLUMN B, Section COLUMN C, Section
13.43, subd. 7 16.02, subd. 28 16B.39, subd. 2
14.56 16.125 16B.37
15.44 16.84, subd. 8 16B.60, subd. 7
15.061 16.098 16B.17
15.18 16.02 chapter 16B
16A.131 16.72, subd. 7 16B.58, subd. 7
16A.15 16.07, subd. 1 16B.07, subd. 2
16A.72 16.78 16B.57
85A.03, subd. 4 16.06 and 16.07 16B.07
and 16.28
105.41, subd. 5 16.011 16B.01
105.44, subd. 10 16.011 16B.01
116J.06, subd. 2 16.85 16B.61
116J.19, subd. 8 16.862 16B.66
120.81, subd. 1 16.90 16B.40
120.81, subd. 1 16.94 16B.44
123.73 16.93 chapter 16B
136A.29, subd. 6 16.07 chapter 16B
144.0742 16.098 chapter 16B
161.321, subd. 4 16.083, subds. 16B.19, subds.
2, 3, and 6 2, 3, and 6
179.7411 16.07 16B.07, subd. 1
268.12, subd. 8 16.02 16B.50
299F.011, subd. 4 16.83 to 16.867 16B.59 to 16B.73
299F.015, subd. 2 16.83 to 16.867 16B.59 t0 16B.73
299F.391, subd. 3 16.83 to 16.867 16B.59 to 16B.73
326.243 Minnesota Statutes 16B.61
1965, section 16.85
327.32, subd. 7 16.83 to 16.867 16B.59 to 16B.73
471.616, subd. 1 Minnesota Statutes 16B.07,
1971, section 16.07, subds. 1 to 5
subds. 1, 2, 4, and 5
473.556, subd. 14 16.081 to 16.084 16B.19 to 16B.22
480.09, subd. 1 16.02 chapter 16B
Sec. 90. [REPEALER.]
Minnesota Statutes 1982, sections 16.01; 16.011; 16.012;
16.014; 16.02, subdivisions 1, 2, 2a, 3, 4, 5, 5a, 6, 6a, 6b, 7,
8, 9, 10, 13, 15, 16, 17, 18, 19, 24, 25, 26, and 27; 16.021;
16.022; 16.023; 16.0231; 16.024; 16.025; 16.026; 16.028; 16.03;
16.04; 16.05; 16.06; 16.061; 16.062; 16.063; 16.064; 16.065;
16.066; 16.068; 16.07; 16.073; 16.075; 16.08; 16.081; 16.082;
16.083, subdivision 2; 16.086, subdivision 2; 16.09; 16.095;
16.096; 16.098, subdivisions 1, 2, 3, 5, 6, 7, 8, 9, 10, and 11;
16.12; 16.125; 16.135; 16.139; 16.172; 16.21; 16.22; 16.23;
16.24; 16.243; 16.244; 16.251; 16.281; 16.32, subdivisions 1, 3,
and 4; 16.34; 16.365; 16.381; 16.51; 16.52; 16.53; 16.54; 16.55;
16.56; 16.71; 16.72; 16.723; 16.73; 16.75, subdivisions 1, 2, 3,
4, 5, 6, and 8; 16.753, subdivisions 1, 2, 4, 5, and 6; 16.756;
16.76; 16.77; 16.78; 16.80; 16.81; 16.811; 16.82, subdivision 2;
16.821; 16.822; 16.823; 16.824; 16.825; 16.826; 16.827; 16.83;
16.84; 16.85; 16.851, subdivisions 1 and 2; 16.854; 16.86;
16.861, subdivisions 1, 2, 4, 5, 6, and 7; 16.862; 16.8632;
16.864; 16.865; 16.866, subdivision 2; 16.867; 16.868; 16.869;
16.871; 16.872, subdivisions 1, 2, and 3; 16.874; 16.88; 16.89;
16.90, subdivisions 1, 2, and 3; 16.931; 16.94; 16.95; 16.955;
16.96; and 16.97; and Minnesota Statutes 1983 Supplement,
sections 16.02, subdivisions 10a, 14, 28, and 29; 16.072;
16.0721; 16.083, subdivisions 1, 1a, 3, 4, 4a, 4b, 5 and 6;
16.084; 16.085; 16.086, subdivision 1; 16.092; 16.098,
subdivision 4; 16.28; 16.32, subdivision 2; 16.321; 16.75,
subdivisions 7 and 9; 16.753, subdivision 3; 16.82, subdivision
1; 16.851, subdivision 3; 16.861, subdivision 3; 16.863; 16.866,
subdivision 1; 16.872; 16.90, subdivision 4; 16.91; and 16.911;
are repealed.
Approved April 25, 1984
Official Publication of the State of Minnesota
Revisor of Statutes