Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 604-S.F.No. 1826
           An act relating to state government; specifying 
          authority of the governor; specifying powers and 
          duties of the commissioner of the department of energy 
          and economic development; providing services for small 
          businesses; amending Minnesota Statutes 1982, sections 
          116J.67, subdivision 8; 116J.68; Minnesota Statutes 
          1983 Supplement, sections 116J.10; 116J.61; proposing 
          new law coded in Minnesota Statutes, chapter 116J. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1983 Supplement, section 
116J.10, is amended to read: 
    116J.10 [POWERS.] 
    The commissioner may: 
    (a) Adopt rules pursuant to chapter 14 as necessary to 
carry out the purposes of sections 116J.05 to 116J.30 and, when 
necessary for the purposes of section 116J.15, adopt temporary 
rules pursuant to sections 14.29 to 14.36; 
    (b) make all contracts pursuant to sections 116J.05 to 
116J.30 and do all things necessary to cooperate with the United 
States government, and to qualify for, accept and disburse any 
grant intended for the administration of sections 116J.05 to 
116J.30.  Notwithstanding any other law the commissioner is 
designated the state agent to apply for, receive and accept 
federal or other funds made available to the state for the 
purposes of sections 116J.05 to 116J.30; 
    (c) contract for professional services if such work or 
services cannot be satisfactorily performed by employees of the 
department or by any other state agency;  
    (d) enter into interstate compacts to jointly carry out 
such research and planning with other states or the federal 
government where appropriate;  
    (e) distribute informational material at no cost to the 
public upon reasonable request;  
    (f) (c) provide on-site technical assistance to units of 
local government in order to enhance local capabilities for 
dealing with energy problems;  
    (g) (d) administer for the state, energy programs pursuant 
to federal law, regulations or guidelines, except for the crisis 
fuel assistance and low income weatherization programs 
administered by the department of economic security, and 
coordinate the programs and activities with other state 
agencies, units of local government and educational institutions;
    (h) (e) design and administer a statewide program for the 
energy and economic development authority and actively involve 
major organizations and community leaders in its work and shall 
solicit funds from all sources;  
    (i) (f) develop a state energy investment plan with yearly 
energy conservation and alternative energy development goals, 
investment targets, and marketing strategies;  
    (j) (g) perform market analysis studies relating to 
conservation, alternative and renewable energy resources, and 
energy recovery;  
    (k) (h) assist with the preparation of proposals for 
innovative conservation, renewable, alternative, or energy 
recovery projects;  
    (l) (i) manage and disburse funds made available for the 
purpose of research studies or demonstration projects related to 
energy conservation or other activities deemed appropriate by 
the commissioner; and 
    (m) (j) intervene in certificate of need proceedings before 
the public utilities commission. 
    Sec. 2.  [116J.035] [DUTIES AND POWERS OF COMMISSIONER; 
RULES.] 
    Subdivision 1.  [POWERS.] The commissioner may:  
    (a) apply for, receive, and expend money from municipal, 
county, regional, and other government agencies;  
    (b) apply for, accept, and disburse grants and other aids 
from other public or private sources;  
    (c) contract for professional services if such work or 
services cannot be satisfactorily performed by employees of the 
department or by any other state agency;  
    (d) enter into interstate compacts to jointly carry out 
such research and planning with other states or the federal 
government where appropriate;  
    (e) distribute informational material at no cost to the 
public upon reasonable request; and 
    (f) enter into contracts necessary for the performance of 
his duties with federal, state, regional, metropolitan, local, 
and other agencies or units of government; educational 
institutions, including the University of Minnesota.  Contracts 
made pursuant to this section shall not be subject to the 
competitive bidding requirements of chapter 16.  
    The commissioner may apply for, receive, and expend money 
made available from federal or other sources for the purpose of 
carrying out the duties and responsibilities of the commissioner 
pursuant to this chapter.  
    All moneys received by the commissioner pursuant to this 
chapter shall be deposited in the state treasury and are 
appropriated to the commissioner for the purpose for which the 
moneys have been received.  The money shall not cancel and shall 
be available until expended.  
    Subd. 2.  [RULES.] The commissioner may adopt rules 
pursuant to chapter 14 as necessary to carry out his duties and 
responsibilities pursuant to this chapter.  
    Sec. 3.  Minnesota Statutes 1983 Supplement, section 
116J.61, is amended to read: 
    116J.61 [ADDITIONAL POWERS AND DUTIES.] 
    The commissioner shall: 
    (1) have control of the work of carrying on a continuous 
program of education for businessmen; 
    (2) publish, disseminate, and distribute information and 
statistics;  
    (3) promote and encourage the expansion and development of 
markets for Minnesota products; 
    (4) promote and encourage the location and development of 
new business in the state as well as the maintenance and 
expansion of existing business and for that purpose cooperate 
with state and local agencies and individuals, both within and 
outside the state; 
    (5) advertise and disseminate information as to natural 
resources, desirable locations, and other advantages for the 
purpose of attracting business to locate in this state; 
    (6) aid the various communities in this state in getting 
business to locate therein; 
    (7) advise and cooperate with municipal, county, regional, 
and other planning agencies and planning groups within the state 
for the purpose of promoting coordination between the state and 
localities as to plans and development in order to maintain a 
high level of gainful employment in private profitable 
production and achieve commensurate advancement in social and 
cultural welfare; coordinate the activities of state-wide and 
local planning agencies, correlate information secured from them 
and from state departments and disseminate information and 
suggestions to the planning agencies; and encourage and assist 
in the organization and functioning of local planning agencies 
where none exist; and may provide at the request of any 
governmental subdivision hereinafter mentioned planning 
assistance, which includes but is not limited to surveys, land 
use studies, urban renewal plans, technical services and other 
planning work to any city or other municipality in the state or 
perform similar planning work in any county, metropolitan or 
regional area in the state.  The commissioner shall not perform 
the planning work with respect to a metropolitan or regional 
area which is under the jurisdiction for planning purposes of a 
county, metropolitan, regional or joint planning body, except at 
the request or with the consent of the respective county, 
metropolitan, regional or joint planning body.  The commissioner 
is authorized to receive and expend money from municipal, 
county, regional and other planning agencies; and may accept and 
disburse grants and other aids for planning purposes from the 
federal government and from other public or private sources, and 
may utilize moneys so received for the employment of consultants 
and other temporary personnel to assist in the supervision or 
performance of planning work supported by money other than state 
appropriated money, and may enter into contracts with agencies 
of the federal government, units of local government or 
combinations thereof, and with private persons that are 
necessary in the performance of the planning assistance function 
of the commissioner.  The commissioner may assist any local 
government unit in filling out application forms for the federal 
grants-in-aid.  In furtherance of their planning functions, any 
city or town, however organized, may expend money and contract 
with agencies of the federal government, appropriate departments 
of state government, other local units of government and with 
private persons; and 
    (8) adopt measures calculated to promote public interest in 
and understanding of the problems of planning and, to that end, 
may publish and distribute copies of any plan or any report and 
may employ other means of publicity and education that will give 
full effect to the provisions of sections 116J.58 to 116J.63. 
    Sec. 4.  Minnesota Statutes 1982, section 116J.67, 
subdivision 8, is amended to read: 
    Subd. 8.  [REVOLVING FUND.] The certified state development 
company may charge a one time processing fee up to the maximum 
allowed by the small business administration on a debenture 
issued for loan purposes.  In addition, a fee for servicing 
loans may be imposed up to the maximum allowed by the small 
business administration based on the unpaid balance of each 
debenture.  There is established a program of business services 
revolving fund in the state treasury.  Proceeds from fees 
collected on loans processed with assistance from department 
staff shall be deposited in the program of business services 
revolving fund.  Moneys in the fund are appropriated to the 
commissioner of energy, planning and development for the 
purposes of this section There is created in the state treasury 
a dedicated fund to receive these fees and into which these fees 
shall be deposited.  Moneys in the dedicated fund are 
appropriated to the commissioner of energy and economic 
development to pay the costs of administration of the program, 
compensate members of the board of directors pursuant to section 
15.0575, subdivision 3, and to create and operate a pool of 
funds for investment in projects which further the purposes of 
this section.  
    Sec. 5.  Minnesota Statutes 1982, section 116J.68, is 
amended to read: 
    116J.68 [BUREAU OF SMALL BUSINESS.] 
    Subdivision 1.  The bureau of small business within the 
business assistance center shall serve as a clearinghouse and 
referral service for information needed by small businesses 
including those operated by a socially or economically 
disadvantaged person. 
    Subd. 2.  The bureau shall:  
    (a) Plan, promote, coordinate and execute activities of 
concern to the bureau of small business provide information and 
assistance with respect to all aspects of business planning and 
business management related to the start-up, operation, or 
expansion of a small business in Minnesota;  
    (b) Plan, direct and evaluate all management and technical 
assistance programs to insure an efficient and effective 
delivery of services to the small business community refer 
persons interested in the start-up, operation, or expansion of a 
small business in Minnesota to assistance programs sponsored by 
federal agencies, state agencies, educational institutions, 
chambers of commerce, civic organizations, community development 
groups, private industry associations, and other organizations;  
    (c) Determine and establish annual goals by implementing 
reporting requirements essential to the continual evaluation of 
the bureau of small business, and report each biennium to the 
appropriate legislative committees the results of the evaluation 
plan, develop, and implement a master file of information on 
small business assistance programs of federal, state, and local 
governments, and other public and private organizations so as to 
provide comprehensive, timely information to the bureau's 
clients;  
    (d) Maintain a close and continued relationship with the 
director of the procurement program within the department of 
administration employ staff with adequate and appropriate skills 
and education and training for the delivery of information and 
assistance;  
    (e) Plan, coordinate and execute an up-to-date master file 
system that lists all assistance programs for small businesses 
from federal, state, non-governmental agencies, chambers of 
commerce, educational institutions, civic organizations and 
private industry seek out and utilize, to the extent 
practicable, contributed expertise and services of federal, 
state, and local governments, educational institutions, and 
other public and private organizations; and 
    (f) Develop an information system, with due regard to 
privacy statutes, which will enable the commissioner and other 
state agencies to efficiently store, retrieve, analyze and 
exchange data regarding business development and growth in the 
state maintain a close and continued relationship with the 
director of the procurement program within the department of 
administration so as to facilitate the department's duties and 
responsibilities under sections 16.083 to 16.086 relating to the 
small business set aside program of the state;  
    (g) develop an information system which will enable the 
commissioner and other state agencies to efficiently store, 
retrieve, analyze, and exchange data regarding small business 
development and growth in the state.  All executive branch 
agencies of state government and the secretary of state shall to 
the extent practicable, assist the bureau in the development and 
implementation of the information system;  
    (h) establish and maintain a toll free telephone number so 
that all small business persons anywhere in the state can call 
the bureau office for assistance.  An outreach program shall be 
established to make the existence of the bureau well known to 
its potential clientele throughout the state;  
    (i) conduct research and provide data as required by state 
legislature;  
    (j) develop and publish material on all aspects of the 
start-up, operation, or expansion of a small business in 
Minnesota;  
    (k) collect and disseminate information on state 
procurement opportunities, including information on the 
procurement process;  
    (l) develop a public awareness program through the use of 
newsletters, personal contacts, and electronic and print news 
media advertising about state assistance programs for small 
businesses, including those programs specifically for socially 
disadvantaged small business persons;  
    (m) publicize to small businesses the provisions of Laws 
1983, chapter 188, requiring consideration of small business 
issues in state agency rulemaking.  
    Subd. 3.  The bureau may be assisted by small business 
assistance specialists.  The specialists may provide information 
to small businesses concerning programs, functions, services, 
location and contact points of all educational institutions, 
chambers of commerce, civic organizations, private industrial 
associations and federal, state and local government agencies 
located or operating in the state with respect to small business 
activities.  
    A toll free telephone number shall be established so that 
all small business persons anywhere in the state can call the 
bureau office for assistance.  An outreach program shall be 
established to make the existence of the bureau well known to 
its potential clientele throughout the state.  
    Subd. 4.  Except as otherwise provided in this section, the 
responsibilities of the bureau of small business may include the 
following:  
    (a) Providing information and assistance with respect to 
laws, rules and regulations, forms, licenses and financing to 
persons who want to start or already operate a small business;  
    (b) Referring persons who want to start or already operate 
a small business to assistance programs sponsored by federal 
agencies, state agencies, educational institutions, chambers of 
commerce, civic organizations, community development groups, and 
private industry associations;  
    (c) Conducting research and providing data required by the 
state legislature;  
    (d) Developing and publishing materials on small business 
laws, rules and regulations, potential financing, licenses and 
other programs offered by federal, state and local agencies, 
non-governmental agencies and private sources;  
    (e) Collecting and disseminating information on state 
contracts, including the policies and procedures to submit bids 
for state contracts; and 
    (f) Developing a public awareness program through the use 
of newsletters, personal contacts, and electronic and print news 
media advertising state assistance programs for small 
businesses, including those programs specifically for socially 
disadvantaged small business persons. 
    Sec. 6.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Approved April 26, 1984