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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1985 

                        CHAPTER 285-H.F.No. 786 
           An act relating to state departments and agencies; 
          transferring authority to make certain appointments to 
          various commissioners; reducing size of alcohol and 
          drug abuse advisory council; abolishing the cable 
          communications board and transferring certain 
          functions to the commissioner of commerce; abolishing 
          the telecommunications council; amending Minnesota 
          Statutes 1984, sections 4.31, subdivision 5; 14.02, 
          subdivision 4; 15.0591, subdivision 2; 16B.20, 
          subdivision 2; 16B.33, subdivision 2; 115.74, 
          subdivision 1; 116C.41, subdivision 2; 121.83; 
          161.1419, subdivision 2; 238.01; 238.02, subdivision 
          14, and by adding subdivisions; 238.03; 238.08, 
          subdivisions 2, 3, and 4; 238.11, subdivision 2; 
          238.15; 238.16, subdivision 2; 238.17, subdivisions 1 
          and 5; 238.22, by adding subdivisions; 238.24, 
          subdivision 10; 250.05; 254A.04; 270.41; 343.01, 
          subdivision 3; 473.129, subdivision 6; and 611.215, 
          subdivision 1; amending Laws 1984, chapter 654, 
          article 2, section 151, subdivision 2; proposing 
          coding for new law in Minnesota Statutes, chapter 238; 
          repealing Minnesota Statutes 1984, sections 3.29, 
          subdivisions 1 to 11; 16C.01; 238.02, subdivision 4; 
          238.04 to 238.06; 238.09; 238.10; 238.11, subdivision 
          1; 238.12, subdivision 3; 238.13; 238.14; 238.16, 
          subdivision 1; and 238.17, subdivisions 6, 7, and 8. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 4.31, 
subdivision 5, is amended to read:  
    Subd. 5.  The governor commissioner of administration shall 
appoint an advisory committee of not more than 21 members, at 
least one member from each economic development region, to 
advise and make recommendations to him and the director of 
volunteer services.  Notwithstanding this numerical limitation, 
members currently serving on an advisory group to the governor's 
office of volunteer services shall complete their prescribed 
terms of office; thereafter, appointments of successors shall be 
made so as to be consistent with the numerical limitation 
contained in this section.  Membership terms, compensation, 
removal and filling of vacancies of members and expiration of 
the advisory committee shall be as provided in section 15.059; 
provided, that members shall not be eligible for a per diem. 
    Sec. 2.  Minnesota Statutes 1984, section 14.02, 
subdivision 4, is amended to read: 
    Subd. 4.  [RULE.] "Rule" means every agency statement of 
general applicability and future effect, including amendments, 
suspensions, and repeals of rules, adopted to implement or make 
specific the law enforced or administered by it or to govern its 
organization or procedure.  It does not include (a) rules 
concerning only the internal management of the agency or other 
agencies, and which do not directly affect the rights of or 
procedure available to the public; (b) rules of the commissioner 
of corrections relating to the internal management of 
institutions under the commissioner's control and those rules 
governing the inmates thereof prescribed pursuant to section 
609.105; (c) rules of the division of game and fish published in 
accordance with section 97.53; (d) rules relating to weight 
limitations on the use of highways when the substance of the 
rules is indicated to the public by means of signs; (e) opinions 
of the attorney general; (f) the systems architecture plan and 
long range plan of the state education management information 
system provided by section 121.931; (g) the data element 
dictionary and the annual data acquisition calendar of the 
department of education to the extent provided by section 
121.932; (h) the comprehensive statewide plan of the crime 
control planning board provided in section 299A.03; (i) special 
terms and conditions for an interim certificate of confirmation 
of the Minnesota cable communications board provided in section 
238.09; (j) occupational safety and health standards provided in 
section 182.655; or (k) (j) rules of the commissioner of public 
safety adopted pursuant to section 169.128.  
    Sec. 3.  Minnesota Statutes 1984, section 15.0591, 
subdivision 2, is amended to read: 
    Subd. 2.  [BODIES AFFECTED.] A member meeting the 
qualifications in subdivision 1 shall be appointed to the 
following boards, commissions, advisory councils, task forces, 
or committees:  
    (1) advisory council on battered women;  
    (2) advisory task force on the use of state facilities;  
    (3) alcohol and other drug abuse advisory council;  
    (4) board for community colleges;  
    (5) board of examiners for nursing home administrators;  
    (6) board on aging;  
    (7) cable communications board;  
    (8) chiropractic examiners board;  
    (9) (8) consumer advisory council on vocational 
rehabilitation; 
    (10) (9) council for the handicapped;  
    (11) (10) council on affairs of Spanish-speaking people;  
    (12) (11) council on black Minnesotans;  
    (13) (12) dentistry board;  
    (14) (13) department of economic security advisory council; 
    (15) (14) higher education coordinating board;  
    (16) (15) housing finance agency;  
    (17) (16) Indian advisory council on chemical dependency;  
    (18) (17) medical examiners board;  
    (19) (18) medical policy directional task force on mental 
health; 
    (20) (19) metropolitan transit commission or its successor; 
    (21) (20) Minnesota emergency employment development task 
force; 
    (22) (21) Minnesota office of volunteer services advisory 
committee;  
    (23) (22) Minnesota state arts board;  
    (24) (23) mortuary sciences advisory council;  
    (25) (24) nursing board;  
    (26) (25) optometry board;  
    (27) (26) pharmacy board;  
    (28) (27) physical therapists council;  
    (29) (28) podiatry board;  
    (30) (29) psychology board;  
    (31) (30) veterans advisory committee. 
    Sec. 4.  Minnesota Statutes 1984, section 16B.20, 
subdivision 2, is amended to read:  
    Subd. 2.  [ADVISORY COUNCIL.] A small business procurement 
advisory council is created.  The council consists of 13 members 
appointed by the governor commissioner of administration.  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.  
    Sec. 5.  Minnesota Statutes 1984, section 16B.33, 
subdivision 2, is amended to read:  
    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 
commissioner of administration 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 commissioner 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 commissioner.  
    (b) [NONVOTING MEMBERS.] In addition to the five members of 
the board, two nonvoting 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.  
    Sec. 6.  Minnesota Statutes 1984, section 115.74, 
subdivision 1, is amended to read:  
    Subdivision 1.  The water and wastewater treatment 
operators certification council shall be composed of six 
members.  The governor commissioner of health shall appoint four 
two members as follows:  A currently employed water supply 
system operator holding a valid certificate issued by the 
commissioner; and a representative of the league of Minnesota 
cities.  The director of the pollution control agency shall 
apoint two members as follows:  a currently employed wastewater 
treatment facility operator holding a valid certificate issued 
by the director; and a university or college faculty member 
whose major field is related to water supply or wastewater 
collection and treatment; and a representative of the league of 
Minnesota municipalities.  The remainder of the council shall be 
composed of the following persons:  A representative of the 
state department of health who is either the director of the 
division of environmental health or a qualified member of his 
staff; the director of the Minnesota pollution control agency or 
a qualified member of his staff.  In the case of the first 
council, the appointments of a water supply system operator and 
a wastewater treatment facility operator shall be made from 
currently employed operators holding valid certificates under 
the voluntary certification program administered by the state 
department of health and the Minnesota pollution control agency. 
    Sec. 7.  Minnesota Statutes 1984, section 116C.41, 
subdivision 2, is amended to read:  
    Subd. 2.  [SOUTHERN MINNESOTA RIVERS BASIN.] The board 
shall guide the creation and implementation of a comprehensive 
environmental conservation and development plan for the southern 
Minnesota rivers basin.  The board shall coordinate state and 
local interests with respect to the study in southwestern 
Minnesota under Public Law Number 87-639.  The board shall 
appoint an advisory council to advise the board concerning its 
responsibilities under this subdivision.  The council shall 
consist of 11 members who are residents of the basin and 
appointed by the governor chair of the environmental quality 
board with the board's concurrence.  The council is subject to 
the provisions of section 15.059, except that the council shall 
expire June 30, 1987.  The council shall make recommendations to 
the board by June 30, 1985, concerning the establishment of a 
statewide advisory council to advise the board on water 
resources planning, regulation, and management.  
    Sec. 8.  Minnesota Statutes 1984, section 121.83, is 
amended to read:  
    121.83 [MINNESOTA EDUCATION COUNCIL.] 
    There is hereby established the Minnesota education council 
composed of the members of the education commission of the 
states representing this state, and 16 two other persons, two 
from each congressional district of which one shall be a 
legislator, appointed by the governor for.  Four representatives 
shall be appointed by the speaker of the house and four senators 
shall be appointed by the committee on committees.  Legislative 
members shall serve terms coinciding with the term their 
respective terms of the appointing governor office.  Persons 
other than legislators shall be selected so as to be broadly 
representative of The commissioner of education shall appoint 
one member from each congressional district, for terms 
coinciding with the term of the commissioner, who broadly 
represent professional and lay interests within this state 
having the responsibilities for, knowledge with respect to, and 
interest in educational matters.  The chairman shall be 
designated by the governor commissioner shall designate a 
chairman from among its the council members.  The council shall 
meet on the call of the governor commissioner, but in any event 
the council shall meet not less than twice in each year.  The 
council may consider any and all matters relating to 
recommendations of the education commission of the states and 
the activities of the members representing this state thereon, 
shall serve as a forum for major education policies, and shall 
serve to exchange information about important education 
activities of interest to all parties.  Members of the council 
shall serve without salary, but shall be reimbursed for actual 
expenses incurred in attendance at meetings of the council. 
    Sec. 9.  Minnesota Statutes 1984, section 161.1419, 
subdivision 2, is amended to read:  
    Subd. 2.  The commission shall be composed of ten members 
of which three one shall be appointed by the governor 
commissioner of transportation, one shall be appointed by the 
commissioner of natural resources, one shall be appointed by the 
commissioner of energy and economic development, three shall be 
members of the senate to be appointed by the committee on 
committees, and three shall be members of the house of 
representatives to be appointed by the speaker.  The tenth 
member shall be the secretary appointed pursuant to subdivision 
3.  The members of the commission shall be selected immediately 
after final enactment of this act and shall serve for a term 
expiring at the close of the next regular session of the 
legislature and until their successors are appointed.  Successor 
members shall be appointed at the close of each regular session 
of the legislature by the same appointing authorities.  Members 
may be reappointed.  Any vacancy shall be filled by the 
appointing authority. The commissioner of transportation, the 
commissioner of natural resources, and the director of the 
Minnesota historical society shall be ex officio members, and 
shall be in addition to the ten members heretofore provided 
for.  Immediately upon making the appointments to the commission 
the appointing authorities shall so notify the Mississippi River 
parkway commission, hereinafter called the national commission, 
giving the names and addresses of the members so appointed. 
    Sec. 10.  Minnesota Statutes 1984, section 238.01, is 
amended to read: 
    238.01 [DECLARATION OF LEGISLATIVE FINDINGS AND INTENT.] 
    Upon investigation of the public interest associated with 
cable communications, the legislature of the state of Minnesota 
has determined that while cable communications serve in part as 
an extension of interstate broadcasting, that their operations 
also involve public rights-of-way, municipal franchising, and 
vital business and community service, which are of state 
concern; that while said operations must be subject to state 
oversight, they also must be protected from undue restraint and 
regulation so as to assure development of cable systems with 
optimum technology and maximum penetration in this state as 
rapidly as economically and technically feasible; that the 
municipalities and the state would benefit from valuable 
educational and public services through cable communications 
systems; that the cable communications industry must provide the 
opportunity for minority participation and benefit which its 
diversity promises; that the public and the business community 
would benefit if served by cable channels sufficient to meet the 
needs of producers and distributors of program and other 
communication content services; that the cable communications 
industry is in a period of rapid growth and corporate 
consolidation and should proceed in accord with regional and 
statewide service objectives; that these objectives should 
encourage area-wide service where consistent with the public 
interest and discourage concentration of control and ownership 
when not in the public interest; and that many municipalities 
lack the necessary resources and expertise to plan for and 
secure these benefits and to protect subscribers and other 
parties to the public interest in franchise negotiations. 
    There is, therefore, a need for a state agency to develop a 
state cable communications policy; to promote the rapid 
development of the cable communications industry responsive to 
community and public interest and consonant with policies, 
regulations and statutes of the federal government; to assure 
that cable communications companies provide adequate, economical 
and efficient service to their subscribers, the municipalities 
within which they are franchised and other parties to the public 
interest; to encourage the endeavors of public and private 
institutions, municipalities, associations and organizations in 
developing programming for public interest; and to provide 
minorities with the fullest opportunity to make effective use of 
the medium. 
    It is the intent of the legislature in sections 238.01 to 
238.17 this chapter to vest authority in a board to oversee 
development of the cable communications industry in Minnesota in 
accordance with the statewide service plan; to review the 
suitability to practices for franchising cable communications 
companies to protect the public interest; to set standards for 
cable communications systems and franchise practices; to assure 
channel availability for municipal services, educational 
television, program diversity, local expression and other 
program and communications content services; to assure that 
municipal franchising results in communication across 
metropolitan areas and in neighborhood communities in larger 
municipalities; to provide consultant services guidance to 
community organizations and municipalities in franchise 
negotiations; and, to stimulate the development of diverse 
instructional, educational, community interest and public 
affairs programming with full access thereto by cable 
communications companies, educational broadcasters and public 
and private institutions operating closed circuit television 
systems and instructional television fixed services. 
    Sec. 11.  Minnesota Statutes 1984, section 238.02, 
subdivision 14, is amended to read: 
    Subd. 14.  "Core service unit" shall mean the municipality, 
or, in the case of a joint powers agreement, municipalities, in 
which a cable communications system first provides service under 
a lawful franchise and from which the cable communications 
system extends service into additional areas which are included 
in the boundaries of a cable service territory approved by the 
board. 
    Sec. 12.  Minnesota Statutes 1984, section 238.02, is 
amended by adding a subdivision to read: 
    Subd. 17.  [CLASS A CABLE SYSTEMS.] "Class A cable systems" 
means systems that are located outside of the metropolitan area, 
are located in a franchise area having a population of 4,000 or 
fewer persons, and are serving fewer than 1,000 subscribers. 
    Sec. 13.  Minnesota Statutes 1984, section 238.02, is 
amended by adding a subdivision to read: 
    Subd. 18.  [CLASS B CABLE SYSTEMS.] "Class B cable systems" 
means all systems, except those systems meeting the criteria of 
the class A system, that are located outside of the metropolitan 
area, are located in a franchise area having a population of 
fewer than 15,000 persons, and are serving fewer than 3,500 
subscribers.  
    Sec. 14.  Minnesota Statutes 1984, section 238.02, is 
amended by adding a subdivision to read: 
    Subd. 19.  [CLASS C CABLE SYSTEMS.] "Class C cable systems" 
means systems that are located in the metropolitan area, or are 
located in a franchise area having a population of 15,000 or 
more persons or serving 3,500 or more subscribers.  
    Sec. 15.  Minnesota Statutes 1984, section 238.02, is 
amended by adding a subdivision to read: 
    Subd. 20.  [METROPOLITAN AREA.] "Metropolitan area" is that 
area defined under section 473.121, subdivision 2.  
    Sec. 16.  Minnesota Statutes 1984, section 238.03, is 
amended to read: 
    238.03 [APPLICATION.] 
    Sections 238.01 to 238.17 apply This chapter applies to 
every cable communications system and every cable communications 
company as defined in section 238.02, operating within the 
state, including a cable communications company which 
constructs, operates and maintains a cable communications system 
in whole or in part through the facilities of a person 
franchised to offer common or contract carrier services.  
Persons possessing franchises for any of the purposes 
of sections 238.01 to 238.17 this chapter are subject 
to sections 238.01 to 238.17 this chapter although no property 
has been acquired, business transacted or franchises exercised. 
    Sec. 17.  Minnesota Statutes 1984, section 238.08, 
subdivision 2, is amended to read: 
    Subd. 2.  Nothing in this chapter shall be construed to 
prevent franchise requirements in excess of those prescribed by 
the board, unless such requirement is inconsistent with this 
chapter or any regulation of the board. 
    Sec. 18.  Minnesota Statutes 1984, section 238.08, 
subdivision 3, is amended to read:  
    Subd. 3.  Nothing in this chapter shall be construed to 
limit any municipality from the right to construct, purchase, 
and operate a cable communications system.  Any municipal system 
shall be subject to the laws, rules and regulations of the board 
this chapter to the same extent as would any nonpublic cable 
communications system. 
    Sec. 19.  Minnesota Statutes 1984, section 238.08, 
subdivision 4, is amended to read: 
    Subd. 4.  Nothing in sections 238.01 to 238.17 this chapter 
shall be construed to limit the power of any municipality to 
impose upon any cable communications company a fee, tax or 
charge. 
    Sec. 20.  [238.081] [FRANCHISE PROCEDURE.] 
    Subdivision 1.  [PUBLICATION.] The franchising authority 
shall have published once each week for two successive weeks in 
a newspaper of general circulation in each municipality within 
the cable service territory, a notice of intent to franchise, 
requesting applications for the franchise.  
    Subd. 2.  [REQUIRED INFORMATION.] The notice must include 
at least the following information:  
    (1) the name of the municipality making the request; 
    (2) the closing date for submission of applications; 
    (3) a statement of the application fee, if any, and the 
method for its submission; 
    (4) a statement by the franchising authority of the desired 
system design and services to be offered; 
    (5) a statement by the franchising authority of criteria 
and priorities against which the applicants for the franchise 
must be evaluated; 
    (6) a statement that applications for the franchise must 
contain at least the information required by subdivision 4; 
    (7) the date, time, and place for the public hearing, to 
hear proposals from franchise applicants; 
    (8) the name, address, and telephone number of the 
individuals who may be contacted for further information.  
    Subd. 3.  [OTHER RECIPIENTS OF NOTICE.] In addition to the 
published notice, the franchising authority shall mail copies of 
the notice of intent to franchise to any person it has 
identified as being a potential candidate for the franchise.  
    Subd. 4.  [CONTENTS OF FRANCHISING PROPOSAL.] The 
franchising authority shall require that proposals for a cable 
communications franchise be notarized and contain, but not 
necessarily be limited to, the following information: 
    (1) plans for channel capacity, including both the total 
number of channels capable of being energized in the system and 
the number of channels to be energized immediately; 
    (2) a statement of the television and radio broadcast 
signals for which permission to carry will be requested from the 
Federal Communications Commission; 
    (3) a description of the proposed system design and planned 
operation, including at least the following items: 
    (i) the general area for location of antennae and the head 
end, if known; 
    (ii) the schedule for activating two-way capacity; 
    (iii) the type of automated services to be provided; 
    (iv) the number of channels and services to be made 
available for access cable broadcasting; and 
    (v) a schedule of charges for facilities and staff 
assistance for access cable broadcasting; 
    (4) the terms and conditions under which particular service 
is to be provided to governmental and educational entities; 
    (5) a schedule of proposed rates in relation to the 
services to be provided, and a proposed policy regarding unusual 
or difficult connection of services; 
    (6) a time schedule for construction of the entire system 
with the time sequence for wiring the various parts of the area 
requested to be served in the request for proposals;  
    (7) a statement indicating the applicant's qualifications 
and experience in the cable communications field, if any; 
    (8) an identification of the municipalities in which the 
applicant either owns or operates a cable communications system, 
directly or indirectly, or has outstanding franchises for which 
no system has been built; 
    (9) plans for financing the proposed system, which must 
indicate every significant anticipated source of capital and 
significant limitations or conditions with respect to the 
availability of the indicated sources of capital; 
    (10) a statement of ownership detailing the corporate 
organization of the applicant, if any, including the names and 
addresses of officers and directors and the number of shares 
held by each officer or director, and intracompany relationship 
including a parent, subsidiary or affiliated company; and 
    (11) a notation and explanation of omissions or other 
variations with respect to the requirements of the proposal. 
    Substantive amendments may not be made in a proposal after 
a proposal has been submitted to the franchising authority and 
before award of a franchise.  
    Subd. 5.  [TIME LIMITS TO SUBMIT APPLICATIONS.] The 
franchising authority shall allow at least 20 days from the 
first date of published notice to the closing date for 
submitting applications.  
    Subd. 6.  [PUBLIC HEARING ON FRANCHISE.] A public hearing 
before the franchising authority affording reasonable notice and 
a reasonable opportunity to be heard with respect to all 
applications for the franchise must be completed at least seven 
days before the introduction of the franchise ordinance in the 
proceedings of the franchising authority.  
    Subd. 7.  [AWARD OF FRANCHISE.] Franchises may be awarded 
only by ordinance.  
    Subd. 8.  [COSTS OF AWARDING FRANCHISE.] Nothing in this 
section prohibits a franchising authority from recovering from a 
successful applicant the reasonable and necessary costs of the 
entire process of awarding the cable communications franchise.  
    Subd. 9.  [FRANCHISING NONPROFIT OR MUNICIPALLY-OWNED 
SYSTEM.] Nothing contained in this section prohibits a 
franchising authority from franchising a nonprofit or 
municipally-owned system.  The municipality or nonprofit entity 
is considered an applicant for purposes of this section.  
    Subd. 10.  [FRANCHISE; JOINT POWERS.] In the cases of 
municipalities acting in concert, the municipalities may 
delegate to another entity such duties, responsibilities, 
privileges, or activities described in this section, if such 
delegation is proper according to state and local law.  
    Sec. 21.  [238.082] [FRANCHISE AMENDMENTS.] 
    The franchising authority shall act pursuant to local law 
pertaining to ordinance amendment procedures. 
    Sec. 22.  [238.083] [SALE OR TRANSFER OF FRANCHISE.] 
    Subdivision 1.  [FUNDAMENTAL CORPORATE CHANGE DEFINED.] For 
purposes of this section, "fundamental corporate change" means 
the sale or transfer of a majority of a corporation's assets; 
merger, including a parent and its subsidiary corporation; 
consolidation; or creation of a subsidiary corporation. 
    Subd. 2.  [WRITTEN APPROVAL OF FRANCHISING AUTHORITY.] A 
sale or transfer of a franchise, including a sale or transfer by 
means of a fundamental corporate change, requires the written 
approval of the franchising authority.  The parties to the sale 
or transfer of a franchise shall make a written request to the 
franchising authority for its approval of the sale or transfer.  
The franchising authority shall reply in writing within 30 days 
of the request and shall indicate its approval of the request or 
its determination that a public hearing is necessary if it 
determines that a sale or transfer of a franchise may adversely 
affect the company's subscribers.  The franchising authority 
shall conduct a public hearing on the request within 30 days of 
that determination.  
    Subd. 3.  [NOTICE OF HEARING.] Unless otherwise already 
provided for by local law, notice of the hearing must be given 
14 days before the hearing by publishing notice of it once in a 
newspaper of general circulation in the area being served by the 
franchise.  The notice must contain the date, time, and place of 
the hearing and must briefly state the substance of the action 
to be considered by the franchising authority.  
    Subd. 4.  [APPROVAL OR DENIAL OF SALE OR TRANSFER REQUEST.] 
Within 30 days after the public hearing, the franchising 
authority shall approve or deny in writing the sale or transfer 
request.  The approval must not be unreasonably withheld. 
    Subd. 5.  [SALE OR TRANSFER OF FRANCHISE WITHOUT 
SYSTEM.] The parties to the sale or transfer of a franchise 
only, without the inclusion of a cable communications system in 
which at least substantial construction has commenced, shall 
establish that the sale or transfer of only the franchise will 
be in the public interest.  
    Subd. 6.  [SALE OR TRANSFER OF STOCK.] Sale or transfer of 
stock in a corporation so as to create a new controlling 
interest in a cable communication system is subject to the 
requirements of this section. 
    The term "controlling interest" as used herein is not 
limited to majority stock ownership, but includes actual working 
control in whatever manner exercised.  
    Sec. 23.  [238.084] [REQUIRED CONTENTS OF FRANCHISE 
ORDINANCE.] 
    Subdivision 1.  [ALL SYSTEMS.] The following requirements 
apply to all classes A, B, and C systems unless provided 
otherwise: 
    (a) a provision that the franchise complies with the 
Minnesota franchise standards contained in this section; 
    (b) a provision requiring the franchisee and the 
franchising authority to conform to state laws and rules 
regarding cable communications not later than one year after 
they become effective, unless otherwise stated, and to conform 
to federal laws and regulations regarding cable as they become 
effective; 
    (c) a provision limiting the initial and renewal franchise 
term to not more than 15 years each; 
    (d) a provision specifying that the franchise is 
nonexclusive; 
    (e) a provision prohibiting sale or transfer of the 
franchise or sale or transfer of stock so as to create a new 
controlling interest under section 22, except at the approval of 
the franchising authority, which approval must not be 
unreasonably withheld, and that the sale or transfer is 
completed pursuant to section 22; 
    (f) a provision granting the franchising authority 
collecting a franchise fee the authority to audit the 
franchisee's accounting and financial records upon reasonable 
notice, and requiring that the franchisee file with the 
franchising authority annually reports of gross subscriber 
revenues and other information as the franchising authority 
deems appropriate; 
    (g) provisions specifying:  
    (1) current subscriber charges or that the current charges 
are available for public inspection in the municipality; 
    (2) the length and terms of residential subscriber 
contracts, if they exist, or that the current length and terms 
of residential subscriber contracts are available for public 
inspection in the municipality; and 
    (3) the procedure by which subscriber charges are 
established, unless such a provision is contrary to state or 
federal law; 
    (h) a provision indicating by title the office or officer 
of the franchising authority that is responsible for the 
continuing administration of the franchise; 
    (i) a provision requiring the franchisee to indemnify and 
hold harmless the franchising authority during the term of the 
franchise, and to maintain throughout the term of the franchise, 
liability insurance in an amount as the franchising authority 
may require insuring both the franchising authority and the 
franchisee with regard to damages and penalties which they may 
legally be required to pay as a result of the exercise of the 
franchise; 
    (j) a provision that at the time the franchise becomes 
effective and thereafter until the franchisee has liquidated all 
of its obligation with the franchising authority, the franchisee 
shall furnish a performance bond, certificate of deposit, or 
other type of instrument approved by the franchising authority 
in an amount as the franchising authority deems to be adequate 
compensation for damages resulting from the franchisee's 
nonperformance.  The franchising authority may, from year to 
year and in its sole discretion, reduce the amount of the 
performance bond or instrument; 
    (k) a provision that nothing contained in the franchise 
relieves a person from liability arising out of the failure to 
exercise reasonable care to avoid injuring the franchisee's 
facilities while performing work connected with grading, 
regrading, or changing the line of a street or public place or 
with the construction or reconstruction of a sewer or water 
system; 
    (l) a provision that the franchisee's technical ability, 
financial condition, and legal qualification were considered and 
approved by the franchising authority in a full public 
proceeding that afforded reasonable notice and a reasonable 
opportunity to be heard; 
    (m) a provision requiring the construction of a cable 
system with a channel capacity available for immediate or 
potential use, equal to a minimum of 72 MHz of bandwidth, the 
equivalent of 12 television broadcast channels.  For purposes of 
this section, a cable system with a channel capacity, available 
for immediate or potential use, equal to a minimum of 72 MHz of 
bandwidth means:  the provision of a distribution system 
designed and constructed so that a minimum of 72 MHz of 
bandwidth, the equivalent of 12 television broadcast channels, 
can be put into use with only the addition of the appropriate 
headend equipment; 
    (n) a provision in initial franchises that there be a full 
description of the system proposed for construction and a 
schedule showing: 
    (1) that for franchise areas which will be served by a 
system proposed to have fewer than 100 plant miles of cable: 
    (i) that within 90 days of the granting of the franchise, 
the franchisee shall apply for the necessary governmental 
permits, licenses, certificates, and authorizations; 
    (ii) that energized trunk cable must be extended 
substantially throughout the authorized area within one year 
after receipt of the necessary governmental permits, licenses, 
certificates, and authorizations and that persons along the 
route of the energized cable will have individual "drops" as 
desired during the same period of time; and 
    (iii) that the requirement of this section may be waived by 
the franchising authority only upon occurrence of unforeseen 
events or acts of God; or 
    (2) that for franchise areas which will be served by a 
system proposed to have 100 plant miles of cable or more, a 
provision: 
    (i) that within 90 days of the granting of the franchise, 
the franchisee shall apply for the necessary governmental 
permits, licenses, certificates, and authorizations; 
    (ii) that engineering and design must be completed within 
one year after the granting of the franchise and that a 
significant amount of construction must be completed within one 
year after the franchisee's receipt of the necessary 
governmental permits, licenses, certificates, and authorizations;
    (iii) that energized trunk cable must be extended 
substantially throughout the authorized area within five years 
after commencement of construction and that persons along the 
route of the energized cable will have individual "drops" within 
the same period of time, if desired; and 
    (iv) that the requirement of this section be waived by the 
franchising authority only upon occurrence of unforeseen events 
or acts of God; 
    (o) unless otherwise already provided for by local law, a 
provision that the franchisee shall obtain a permit from the 
proper municipal authority before commencing construction of a 
cable communications system, including the opening or 
disturbance of a street, sidewalk, driveway, or public place. 
The provision must specify remedies available to the franchising 
authority in cases where the franchisee fails to meet the 
conditions of the permit; 
    (p) unless otherwise already provided for by local law, a 
provision that wires, conduits, cable, and other property and 
facilities of the franchisee be located, constructed, installed, 
and maintained in compliance with applicable codes.  The 
provision must also specify that the franchisee keep and 
maintain its property so as not to unnecessarily interfere with 
the usual and customary trade, traffic, or travel upon the 
streets and public places of the franchise area or endanger the 
life or property of any person; 
    (q) unless otherwise already provided for by local law, a 
provision that the franchising authority and the franchisee 
shall establish a procedure in the franchise for the relocation 
or removal of the franchisee's wires, conduits, cables, and 
other property located in the street, right-of-way, or public 
place whenever the franchising authority undertakes public 
improvements which affect the cable equipment; 
    (r) a provision incorporating by reference as a minimum the 
technical standards promulgated by the Federal Communications 
Commission relating to cable communications systems contained in 
subpart K of part 76 of the Federal Communications Commission's 
rules and regulations relating to cable communications systems 
and found in Code of Federal Regulations, title 47, sections 
76.601 to 76.617.  The results of tests required by the Federal 
Communications Commission must be filed within ten days of the 
conduct of the tests with the franchising authority; 
    (s) a provision establishing how the franchising authority 
and the cable communications company shall determine who is to 
bear the costs of required special testing; 
    (t) a provision pertaining to the franchisee's construction 
and maintenance of a cable communications system having the 
technical capacity for nonvoice return communications which, for 
purposes of this section, means the provision of appropriate 
system design techniques with the installation of cable and 
amplifiers suitable for the subsequent insertion of necessary 
nonvoice communications electronic modules.  
    In cases where an initial franchise is granted, the 
franchisee shall provide a cable communications system having 
the technical capacity for nonvoice return communications. 
    When a franchise is renewed, sold, or transferred and is 
served by a system that does not have the technical capacity for 
nonvoice return communications, the franchising authority shall 
determine when and if the technical capacity for nonvoice return 
communications is needed after appropriate public proceedings at 
the municipal level giving reasonable notice and a reasonable 
opportunity to be heard; 
    (u) a provision stating that no signals of a class IV cable 
communications channel may be transmitted from a subscriber 
terminal for purposes of monitoring individual viewing patterns 
or practices without the express written permission of the 
subscriber.  The request for permission must be contained in a 
separate document with a prominent statement that the subscriber 
is authorizing the permission in full knowledge of its 
provisions.  The written permission must be for a limited period 
of time not to exceed one year which is renewable at the option 
of the subscriber.  No penalty may be invoked for a subscriber's 
failure to provide or renew the authorization.  The 
authorization is revocable at any time by the subscriber without 
penalty of any kind.  The permission must be required for each 
type or classification of class IV cable communications activity 
planned for the purpose; 
    (1) No information or data obtained by monitoring 
transmission of a signal from a subscriber terminal, including 
but not limited to lists of the names and addresses of the 
subscribers or lists that identify the viewing habits of 
subscribers, may be sold or otherwise made available to any 
party other than to the company and its employees for internal 
business use, or to the subscriber who is the subject of that 
information, unless the company has received specific written 
authorization from the subscriber to make the data available; 
    (2) Written permission from the subscriber must not be 
required for the systems conducting systemwide or individually 
addressed electronic sweeps for the purpose of verifying system 
integrity or monitoring for the purpose of billing. 
Confidentiality of this information is subject to clause (1); 
    (3) For purposes of this provision, a "class IV cable 
communications channel" means a signaling path provided by a 
cable communications system to transmit signals of any type from 
a subscriber terminal to another point in the communications 
system; 
    (v) a provision specifying the procedure for the 
investigation and resolution by the franchisee of complaints 
regarding quality of service, equipment malfunction, billing 
disputes, and other matters; 
    (w) a provision requiring that at least a toll-free or 
collect telephone number for the reception of complaints be 
provided to the subscriber and that the franchisee maintain a 
repair service capable of responding to subscriber complaints or 
requests for service within 24 hours after receipt of the 
complaint or request.  The provision must also state who will 
bear the costs included in making these repairs, adjustments, or 
installations; 
    (x) a provision granting the franchising authority the 
right to terminate and cancel the franchise and the rights and 
privileges of the franchise if the franchisee substantially 
violates a provision of the franchise ordinance, attempts to 
evade the provisions of the franchise ordinance, or practices 
fraud or deceit upon the franchising authority.  
    The municipality shall provide the franchisee with a 
written notice of the cause for termination and its intention to 
terminate the franchise and shall allow the franchisee a minimum 
of 30 days after service of the notice in which to correct the 
violation.  
    The franchisee must be provided with an opportunity to be 
heard at a public hearing before the governing body of the 
municipality before the termination of the franchise; 
    (y) a provision that no cable communications company, 
notwithstanding any provision in a franchise, may abandon a 
cable communications service or a portion of it without having 
given three months prior written notice to the franchising 
authority.  No cable communications company may abandon a cable 
communications service or a portion of it without compensating 
the franchising authority for damages resulting to it from the 
abandonment; 
    (z) a provision requiring that upon termination or 
forfeiture of a franchise, the franchisee remove its cable, 
wires, and appliances from the streets, alleys, and other public 
places within the franchise area if the franchising authority so 
requests, and a procedure to be followed in the event the 
franchisee fails to remove its cable, wires, and appliances from 
the streets, alleys, and other public places within the 
franchise area; 
    (aa) a provision that when a franchise or cable system is 
offered for sale, the franchising authority shall have the right 
to purchase the system; 
    (bb) a provision establishing the minimum number of access 
channels that the franchisee shall make available.  This 
provision must require that the franchisee shall provide to each 
of its subscribers who receive some or all of the services 
offered on the system, reception on at least one specially 
designated access channel.  The specially designated access 
channel may be used by local educational authorities and local 
government on a first-come, first-served, nondiscriminatory 
basis.  During those hours that the specially designated access 
channel is not being used by the local educational authorities 
or local government, the franchisee shall lease time to 
commercial or noncommercial users on a first-come, first-served, 
nondiscriminatory basis if the demand for that time arises.  The 
franchisee may also use this specially designated access channel 
for local origination during those hours when the channel is not 
in use by local educational authorities, local government, or 
commercial or noncommercial users who have leased time.  The VHF 
spectrum must be used for the specially designated access 
channel required in this paragraph. 
    The provision must also require that the franchisee shall 
establish rules for the administration of the specially 
designated access channel.  
    Franchisees providing only alarm services or only data 
transmission services for computer-operated functions do not 
need to provide access channel reception to alarm and data 
service subscribers. 
    Subd. 2.  [REQUIRED PROVISIONS FOR CLASS B SYSTEM.] 
Franchises for class B cable systems must contain statements and 
provisions consistent with subdivision 1, unless hereafter 
provided otherwise, and statements and provisions consistent 
with the following requirements: 
    (a) a provision establishing the minimum number of access 
channels that the franchisee shall make available.  Franchisees 
subject to this provision are not subject to subdivision 1, 
paragraph (bb). 
    (1) The provision must require that the franchisee provide 
to each of its subscribers who receive all or a part of the 
total services offered on the system, reception on at least one 
specially designated access channel available for use by the 
general public on a first-come, first-served, nondiscriminatory 
basis.  Channel time and playback of prerecorded programming on 
this specially designated access channel must be provided 
without charge to the general public, except that personnel, 
equipment, and production costs may be assessed for live studio 
presentations exceeding five minutes in length.  Charges for 
production costs must be consistent with the goal of affording 
the public a low-cost means of television access.  The specially 
designated access channel may be used by local education 
authorities and local government on a first-come, first-served, 
nondiscriminatory basis during those hours when the channel is 
not in use by the general public.  During those hours that the 
specially designated access channel is not being used by the 
general public, local educational authorities, or local 
government, the franchisee shall lease time to commercial or 
noncommercial users on a first-come, first-served, 
nondiscriminatory basis if the demand for that time arises.  The 
franchisee may also use this specially designated access channel 
for local origination during those hours when the channel is not 
in use by the general public, local educational authorities, 
local government, or commercial or noncommercial users who have 
leased time.  The VHF spectrum must be used for the specially 
designated access channel required in this paragraph. 
    (2) The provision must also require that the franchisee 
establish rules for the administration of the specially 
designated access channel.  
    (3) The provision must require that whenever the specially 
designated access channel required in clause (1) is in use 
during 80 percent of the weekdays, Monday to Friday, for 80 
percent of the time during a consecutive three-hour period for 
six weeks running, and there is a demand for use of an 
additional channel for the same purpose, the franchisee has six 
months in which to provide a new specially designated access 
channel for the same purpose, provided that provision of the 
additional channel or channels does not require the cable system 
to install converters.  Nothing in this section precludes the 
installation of converters by the system on a voluntary basis, 
as a result of an agreement arrived at through negotiation 
between the parties to a franchise, or by a potential access 
user who wishes to install converters in order to make use of an 
additional channel or channels. 
    (4) Franchisees providing only alarm services or only data 
transmission services for computer-operated functions do not 
need to provide access channel reception to alarm and data 
service subscribers.  
    (b) A provision establishing the minimum equipment that the 
franchisee shall make available for public use.  The provision 
shall require that the franchisee make readily available for 
public use upon need being shown, at least the minimal equipment 
necessary to perform good quality playback of prerecorded 
programming, and to make it possible to record programs at 
remote locations with battery-operated portable equipment.  Need 
within the meaning of this section must be determined by 
subscriber petition.  The petition must contain the signatures 
of at least ten percent of the subscribers of the system, but in 
no case more than 350 nor fewer than 100 signatures. 
    Subd. 3.  [REQUIRED PROVISIONS FOR CLASS C SYSTEM.] 
Franchises for class C cable systems must contain statements and 
provisions consistent with subdivision 1, unless this section 
provides otherwise, and statements and provisions consistent 
with the following requirements: 
    (a) a provision establishing the minimum number of public, 
educational, governmental, and leased access channels that the 
franchisee shall make available.  Franchisees subject to this 
provision are not subject to subdivision 1, paragraph (bb). 
    (1) The provision must require that the franchisee shall, 
to the extent of the system's available channel capacity, 
provide to each of its subscribers who receives some or all of 
the services offered on the system, reception on at least one 
specially designated noncommercial public access channel 
available for use by the general public on a first-come, 
first-served, nondiscriminatory basis; at least one specially 
designated access channel for use by local educational 
authorities; at least one specially designated access channel 
available for local government use; and at least one specially 
designated access channel available for lease on a first-come, 
first-served, nondiscriminatory basis by commercial and 
noncommercial users.  The VHF spectrum must be used for at least 
one of the specially designated noncommercial public access 
channels required in this paragraph.  The provision must require 
that no charges may be made for channel time or playback of 
prerecorded programming on at least one of the specially 
designated noncommercial public access channels required by this 
paragraph.  Personnel, equipment, and production costs may be 
assessed, however, for live studio presentations exceeding five 
minutes in length.  Charges for those production costs and fees 
for use of other public access channels must be consistent with 
the goal of affording the public a low-cost means of television 
access.  
    (2) The provision must require that whenever the specially 
designated noncommercial public access channel, the specially 
designated education access channel, the specially designated 
local government access channel, or the specially designated 
leased access channel required in clause (1) is in use during 80 
percent of the weekdays, Monday to Friday, for 80 percent of the 
time during any consecutive three-hour period for six weeks 
running, and there is demand for use of an additional channel 
for the same purpose, the franchisee shall then have six months 
in which to provide a new specially designated access channel 
for the same purpose, provided that provision of the additional 
channel or channels must not require the cable system to install 
converters.  However, nothing in this section precludes the 
installation of converters by the system on a voluntary basis, 
or as a result of an agreement arrived at through negotiation 
between the parties to a franchise, or by a potential access 
user who wishes to install converters in order to make use of an 
additional channel or channels. 
    (3) The provision must also require that the franchisee 
establish rules pertaining to the administration of the 
specially designated noncommercial public access channel, the 
specially designated educational access channel, and the 
specially designated leased access channel required in this 
section.  
    (4) Those systems which offer subscribers the option of 
receiving programs on one or more special service channels 
without also receiving the regular subscriber services may 
comply with this section by providing the subscribers who 
receive the special service only, at least one specially 
designated composite access channel composed of the programming 
on the specially designated noncommercial public access channel, 
the specially designated education access channel, and the 
specially designated local government access channel required in 
this section.  
    (5) On those systems without sufficient available channel 
capacity to allow for activation of all specially designated 
access channels required in this section, or when demand for use 
of the channels does not warrant activation of all specially 
designated access channels required in this section, public, 
educational, governmental, and leased access channel programming 
may be combined on one or more cable channels.  To the extent 
time is available, access channels may also be used for other 
broadcast and nonbroadcast services, provided that these 
services are subject to immediate displacement if there is 
demand to use the channel for its specially designated purpose.  
The system shall, in any case, provide at least one full channel 
on the VHF spectrum for shared access programming. 
    (6) Franchisees providing only alarm services or only data 
transmission services for computer-operated functions do not 
need to provide access channel reception to alarm and data 
service subscribers.  
    (b) a provision establishing the minimum equipment that the 
franchisee shall make available for public use.  The provision 
shall require that the franchisee shall make readily available 
for public use at least the minimal equipment necessary for the 
production of programming and playback of prerecorded programs 
for the specially designated noncommercial public access channel 
required by paragraph (a), clause (1).  The franchisee shall 
also make readily available, upon need being shown, the minimum 
equipment necessary to make it possible to record programs at 
remote locations with battery-operated portable equipment.  Need 
within the meaning of this section must be determined by 
subscriber petition.  The petition must contain the signatures 
of at least ten percent of the subscribers of the system, but in 
no case more than 500 nor fewer than 100 signatures. 
    (c) a provision establishing the minimum systemwide channel 
capacity that the franchisee shall make available. Franchisees 
subject to the requirement of this provision are not subject to 
the requirements of subdivision 1, paragraph (bb). 
    (1) The provision must require the construction of a cable 
system with a channel capacity, available for immediate or 
potential use, equal to a minimum of 120 MHz of bandwidth, the 
equivalent of 20 television broadcast channels. 
    (2) Systems that are already constructed pursuant to a 
preexisting franchise requiring fewer than 120 MHz of bandwidth, 
the equivalent of fewer than 20 television broadcast channels, 
shall have until June 21, 1986, to increase the system's channel 
capacity to a minimum of 120 MHz of bandwidth.  However, nothing 
in this section precludes the parties to a franchise from 
negotiating an agreement calling for an increase to a minimum of 
120 MHz of bandwidth before June 21, 1986. 
    (3) For purposes of this section, a cable system with a 
channel capacity, available for immediate or potential use, 
equal to a minimum of 120 MHz of bandwidth means:  the provision 
of a distribution system designed and constructed so that a 
minimum of 120 MHz of bandwidth, the equivalent of 20 television 
broadcast channels, can be put into use with only the addition 
of the appropriate headend and subscriber terminal equipment. 
    (d) In Twin Cities metropolitan area franchises, a 
provision designating the standard VHF channel 6 for uniform 
regional channel usage as required in section 43. 
    Subd. 4.  [ADDITIONAL TERMS AND CONDITIONS PERMITTED.] A 
franchise may contain additional terms and conditions as the 
municipality and the franchisee deem appropriate, provided the 
additional terms and conditions are consistent with federal and 
state law. 
    Subd. 5.  [RECLASSIFICATION OF SYSTEMS.] A franchise must 
be amended by the franchising authority when the number of 
subscribers served by the cable communications system in the 
franchise area changes so as to result in reclassification of 
the system under this section.  Amendments must include 
provisions consistent with the requirements of that class of 
cable communications systems. 
    Sec. 24.  [238.085] [COMMISSIONER OF COMMERCE.] 
    Subdivision 1.  [DOCUMENTATION TO THE COMMISSIONER OF 
COMMERCE.] Upon the granting of a franchise, the extension of a 
franchise for a term, the renewal of a franchise, or the sale or 
transfer of a franchise, the franchising authority and the 
franchisee shall submit documentation to the commissioner of 
commerce certifying that the franchise and the process followed 
conform to this chapter, to the extent that these sections are 
not inconsistent with federal law. 
    Subd. 2.  [ACTIONS BY COMMISSIONER.] (a) Within 30 days of 
receipt of the certificate, the commissioner of commerce shall: 
    (1) approve the certificate; 
    (2) disapprove the certificate, indicating in writing to 
the applicants why the franchise or the process does not conform 
to this chapter; or 
    (3) request that the applicants provide additional 
information within 30 days of the receipt of the request. 
    (b) If the commissioner of commerce fails to act within 30 
days of receiving a certificate or the requested additional 
documentation, the certificate is approved.  If the commissioner 
of commerce fails to issue a final approval or disapproval 
within 180 days of the initial receipt of a certificate, the 
certificate is approved. 
    Subd. 3.  [WHEN CERTIFICATE DISAPPROVED.] If the 
certificate is disapproved, the applicants may either (1) take 
the steps as may be necessary to bring the franchise or the 
process into conformance and reapply to the commissioner of 
commerce, or (2) within 30 days of receiving the disapproval 
appeal the decision to the Minnesota court of appeals. 
    Subd. 4.  [OPERATION CONTINUES DURING REVIEW OR 
APPEAL.] While the commissioner of commerce is reviewing a 
certificate concerning a franchise extension or renewal and 
during an appeal of the commissioner of commerce's decision, the 
franchisee must be allowed to continue the operation of the 
affected cable system. 
    Subd. 5.  [RIGHTS UNDER OTHER LAW.] Nothing in this section 
prohibits a franchisee from exercising its legal rights under 
federal or state law upon the denial by a franchising authority 
of an extension, renewal, transfer, or sale of a franchise. 
    Sec. 25.  Minnesota Statutes 1984, section 238.11, 
subdivision 2, is amended to read: 
    Subd. 2.  No cable communications company may prohibit or 
limit a program or class or type of program presented over a 
leased channel or a channel made available for public access, 
governmental or educational purposes.  Neither the cable 
communications company nor the officers, directors, or employees 
of the cable communications system is not liable for any 
penalties or damages arising from programming content not 
originating from or produced by the cable communications company 
and shown on any public access channel, education access 
channel, government access channel, leased access channel, or 
regional channel. 
    Sec. 26.  Minnesota Statutes 1984, section 238.15, is 
amended to read: 
    238.15 [FINANCIAL INTEREST OF MEMBERS.] 
    No member of the board or person appointed pursuant to 
section 238.04, subdivision 7 shall be employed by, or shall 
knowingly have any financial interest in any cable 
communications company or its subsidiaries, major equipment or 
programming suppliers, or in any broadcasting company holding an 
operating license issued by the federal communications 
commission or its subsidiaries.  Members of any elected body 
granting franchises and employees of any franchising body who 
would be directly involved in the granting or administration of 
franchises for cable communications and who are employed by or 
who knowingly have any financial interest in any cable 
communications company, bidding on such franchise, or the cable 
communications company granted the franchise, or their 
subsidiaries, major equipment or program suppliers shall abstain 
from participation in the franchising of a cable communications 
company or the administration of such franchise. 
    Sec. 27.  Minnesota Statutes 1984, section 238.16, 
subdivision 2, is amended to read: 
    Subd. 2.  Any person violating the provisions of sections 
238.01 to 238.17 or any rules or regulations made pursuant 
thereto, this chapter is guilty of a gross misdemeanor.  Any 
term of imprisonment imposed for any violation by a corporation 
shall be served by the senior resident officer of the 
corporation. 
    Sec. 28.  Minnesota Statutes 1984, section 238.17, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CONDITIONS FOR EXTENSIONS.] 
Notwithstanding the provisions of section 238.09 or any other 
law to the contrary, a cable communications system may extend or 
provide service outside the boundaries of a core service unit 
if:  (1) the extension area is not within the seven county 
metropolitan area, as defined in section 473.121, subdivision 4; 
(2) the board first approves, in accordance with procedures set 
forth in the board's rules, the inclusion of the extension area 
in the same cable service territory which contains the core 
service unit; and (3) the cable communications system obtains 
and files with the board an extension permit issued by the 
municipality or municipalities which have jurisdiction over the 
extension area. 
    Sec. 29.  Minnesota Statutes 1984, section 238.17, 
subdivision 5, is amended to read: 
    Subd. 5.  [EXCESS EXTENSION PERMITS.] Nothing in this 
section shall be construed to prevent a municipality having 
jurisdiction over an extension area from prescribing extension 
permit requirements which are in excess of those required by 
this section, unless such requirements are inconsistent with 
this chapter or with any rule of the board. 
    Sec. 30.  Minnesota Statutes 1984, section 238.22, is 
amended by adding a subdivision to read: 
    Subd. 7.  [ALTERNATIVE PROVIDERS.] "Alternative providers" 
means other providers of television programming or cable 
communications services.  
    Sec. 31.  Minnesota Statutes 1984, section 238.22, is 
amended by adding a subdivision to read: 
    Subd. 8.  [ASSOCIATION MEMBER.] "Association member" means 
an individual owner of a cooperatively owned multiple dwelling 
complex.  
    Sec. 32.  Minnesota Statutes 1984, section 238.22, is 
amended by adding a subdivision to read: 
    Subd. 9.  [OTHER PROVIDERS OF TELEVISION PROGRAMMING OR 
CABLE COMMUNICATIONS SERVICES.] "Other providers of television 
programming or cable communications services" means operators of 
master antenna television systems (MATV), satellite master 
antenna television systems (SMATV), multipoint distributions 
systems (MDS), and direct broadcast satellite systems (DBS).  
    Sec. 33.  Minnesota Statutes 1984, section 238.24, 
subdivision 10, is amended to read: 
    Subd. 10.  [CHANNEL CAPACITY.] (a) A property owner must 
provide access by a franchised cable communications company, as 
required under section 238.23, only if that cable company 
installs equipment with channel capacity sufficient to provide 
access to other providers of television programming or cable 
communications services so that residents or association members 
have a choice of alternative providers of those services.  If 
the equipment is installed, the cable communications company 
shall allow alternative providers to use the equipment.  If some 
of the residents or association members choose to subscribe to 
the services of an alternative provider, the cable company that 
installed the equipment shall be reimbursed by the other 
providers for the cost of equipment and installation on the 
property on a pro rata basis which reflects the number of 
subscribers of each provider on that property to the total 
number of subscribers on that property.  In determining the pro 
rata amount of reimbursement by any alternative provider, the 
cost of equipment and installation shall be reduced to the 
extent of cumulative depreciation of that equipment at the time 
the alternative provider begins providing service.  
    (b) If equipment is already installed as of June 15, 1983 
with channel capacity sufficient to allow access to alternative 
providers, the access and pro rata reimbursement provisions of 
paragraph (a) apply.  
    (c) The board shall promulgate rules by January 1, 1984 to 
implement the provisions of this subdivision.  
    (d) Paragraphs (a) and (b) come into effect after rules 
have been promulgated and adopted in accordance with paragraph 
(c).  
    Sec. 34.  [238.241] [CONDITIONS FOR ACCESS BY ALTERNATIVE 
PROVIDERS.] 
    Subdivision 1.  [CHANNEL CAPACITY.] Cable companies granted 
access to a multiple dwelling complex under section 238.25 shall 
provide equipment with sufficient channel capacity to be used by 
alternative providers of television programming or cable 
communications services.  
    Subd. 2.  [TECHNICAL PLAN APPROVAL.] The cable 
communications company shall determine the technical plan best 
suited for providing the necessary channel capacity sufficient 
to allow access to other providers.  The plan must be submitted 
to the property owner for approval.  The owner's approval may 
not be unreasonably withheld.  No additional compensation for 
evaluation of the plan may be paid or given to the property 
owner over and above that permitted under section 238.24, 
subdivision 8.  
    Subd. 3.  [DUPLICATE CONNECTIONS.] The cable communications 
company is not required to provide equipment for connecting more 
than one television receiver in one dwelling unit within the 
multiple dwelling complex.  However, the company may provide 
duplicate connections at its discretion.  
    Sec. 35.  [238.242] [REIMBURSEMENT.] 
    Subdivision 1.  [PROVIDING ALTERNATIVE SERVICE.] Other 
providers of television programming or cable communications 
services shall notify the cable communications company when a 
resident or association member occupying a dwelling unit in a 
multiple dwelling complex requests the services provided for by 
this section or section 34.  After reaching agreement with the 
alternative service provider for reimbursement to be paid for 
use of the equipment, the cable communications company shall 
make available the equipment necessary to provide the 
alternative service without unreasonable delay.  
    Subd. 2.  [REIMBURSEMENT DETERMINATION.] The amount to be 
reimbursed must be determined under section 238.24, subdivision 
10.  The reimbursed amount must be paid in one installment for 
each instance of requested use.  The payment may not be refunded 
upon subscriber cancellation of the alternative service.  
    Subd. 3.  [FINANCIAL RECORDS MADE AVAILABLE.] The cable 
communications company, upon written request, shall make 
available to the alternative provider financial records 
supporting the reimbursement cost requested.  
    Sec. 36.  [238.36] [DEFINITIONS.] 
    Subdivision 1.  [SCOPE.] As used in sections 36 to 42, the 
following terms have the meanings given them unless a different 
meaning clearly appears in the text. 
    Subd. 2.  [CABLE COMMUNICATIONS COMPANY'S EQUIPMENT.] 
"Cable communications company's equipment" means aerial wires, 
cables, amplifiers, associated power supply equipment, and other 
transmission apparatus necessary for the proper operation of the 
cable communications system in a franchised area. 
    Subd. 3.  [CONDUIT SYSTEM.] "Conduit system" means a 
reinforced passage or opening in, on, under, or through the 
ground capable of containing communications facilities and 
includes the following:  main conduit; underground dips and 
short sections of conduit under roadways, driveways, parking 
lots, and similar conduit installations; laterals to poles and 
into buildings; ducts; and manholes. 
    Subd. 4.  [PUBLIC UTILITY COMPANY POLES.] "Public utility 
company poles" means poles owned by the public utility and poles 
owned by others on which the public utility has the right to 
permit others to attach in the communications space on the pole. 
    Sec. 37.  [238.37] [SCOPE.] 
    Sections 36 to 42 only apply to pole, duct, and conduit 
agreements entered into or renewed between public utilities and 
cable communications companies on or after January 1, 1976, and 
have no application to those agreements executed before January 
1, 1976, until those agreements are either renewed or 
substantially renegotiated.  If a public utility company and a 
cable communications company enter into an agreement regarding 
only pole attachments, sections 36 to 42 relating to conduit 
systems are applicable to that agreement and if a public utility 
company and a cable communications company enter into an 
agreement regarding only use of a conduit system, sections 36 to 
42 relating to pole attachments are not applicable to that 
agreement. 
    Sec. 38.  [238.38] [PERMITS.] 
    Every pole, duct, and conduit agreement must contain a 
provision that before attaching to the public utility company's 
poles or occupying any part of the public utility's conduit 
system, the cable communications company shall apply and receive 
a permit for that purpose on a form provided by the public 
utility company.  If the cable communications company accepts 
the permit, it may attach its equipment to the poles covered by 
the permit or occupy the conduit system of the public utility to 
the extent authorized by the permit, subject to sections 36 to 
42 and the terms of the agreement between the contracting 
parties.  In granting or denying a permit, the public utility 
has the right to determine whether a grant of a permit would 
adversely affect its public services, duties, and obligations or 
have an adverse effect on the economy, safety, and future needs 
of the public utility. 
    Sec. 39.  [238.39] [LEGAL AUTHORITY.] 
    Every pole, duct, and conduit agreement must contain a 
provision that the cable communications company shall submit to 
the public utility company evidence of the cable communications 
company's lawful authority to place, maintain, and operate its 
facilities within public streets, highways, and other 
thoroughfares and shall secure the legally necessary permits and 
consents from federal, state, county, and municipal authorities 
to construct, maintain, and operate facilities at the locations 
of poles or conduit systems of the public utility company which 
it uses.  The parties to the agreement shall at all times 
observe and comply with, and the provisions of a pole, duct, and 
conduit agreement are subject to, the laws, ordinances, and 
rules which in any manner affect the rights and obligations of 
the parties to the agreement, so long as the laws, ordinances, 
or rules remain in effect. 
    Sec. 40.  [238.40] [LIABILITY.] 
    Every pole, duct, and conduit agreement must contain a 
provision that the cable communications company shall defend, 
indemnify, protect, and save harmless the public utility from 
and against any and all claims and demands for damages to 
property and injury or death to persons, including payments made 
under any worker's compensation law or under any plan for 
employees' disability and death benefits, which may arise out of 
or be caused by the erection, maintenance, presence, use, or 
removal of the cable communications company's cable, equipment, 
and facilities or by the proximity of the cables, equipment, and 
facilities of the parties to the agreement, or by any act of the 
cable communications company on or in the vicinity of the public 
utility company's poles and conduit system, in the performance 
of the agreement.  Nothing contained in this section relieves 
the public utility company from liability for the negligence of 
the public utility company or anyone acting under its direction 
and control.  The cable communications company shall also 
indemnify, protect, and save harmless the public utility from 
any and all claims and demands which arise directly or 
indirectly from the operation of the cable communications 
company's facilities including taxes, special charges by others, 
claims, and demands for damages or loss for infringement of 
copyright, for libel and slander, for unauthorized use of 
television broadcast programs, and for unauthorized use of other 
program material, and from and against all claims and demands 
for infringement of patents with respect to the manufacture, 
use, and operation of the cable communications equipment in 
combination with the public utility company's poles, conduit 
system, or otherwise.  Nothing contained in this section 
relieves the public utility company from liability for the 
negligence of the public utility company or anyone acting under 
its direction and control.  
    Sec. 41.  [238.41] [INSURANCE.] 
    The cable communications company shall carry insurance to 
protect the parties to the agreement from and against any and 
all claims, demands, actions, judgments, costs, expenses, and 
liabilities which may arise or result, directly or indirectly, 
from or by reason of the loss, injury, claim, or damage.  The 
amount of the insurance must be agreed to by the parties to this 
agreement.  The cable communications company shall also carry 
insurance to protect it from all claims under worker's 
compensation laws in effect that may be applicable to it.  
Insurance required must remain in effect for the entire term of 
the agreement. 
    Sec. 42.  [238.42] [ADDITIONAL TERMS.] 
    Nothing contained in sections 36 to 42 in any way prohibits 
a public utility company from including in its pole, duct, and 
conduit agreements with cable communications companies 
additional terms which do not conflict with sections 36 to 42. 
    Sec. 43.  [238.43] [REGIONAL CHANNEL.] 
    Subdivision 1.  [DEFINITION.] For the purposes of this 
section "regional channel entity" means an independent, 
nonprofit corporation to govern the operation of the regional 
channel. 
     Subd. 2.  [LEGISLATIVE PURPOSE.] The purpose of this 
section is to facilitate the activation of a metropolitan area 
interconnected regional channel, to be uniformly carried on VHF 
channel 6 on cable communications systems operating in the 
metropolitan area in order to provide a broad range of 
informational, educational, and public service programs and 
materials to metropolitan area cable subscribers. 
     Subd. 3.  [VHF CHANNEL 6.] Franchises for cable 
communications systems franchised in whole or in part within the 
metropolitan area shall contain a provision designating the 
standard VHF channel 6 for uniform regional channel usage; 
provided, however, that until the regional channel becomes 
operational, the designated VHF channel 6 may be utilized by the 
cable communications company as it deems appropriate.  The 
designated regional channel may be combined with the government 
access channel until such time as the video programming usage of 
the government access channel expands to such point as it is in 
use during 80 percent of the time between 8:00 a.m. and 10:00 
p.m. during any consecutive six-week period.  Use of time on the 
regional channel must be made available without charge. 
    Subd. 4.  [USE.] The regional channel will provide a broad 
range of informational, educational, and public service programs 
and materials to metropolitan area cable subscribers. 
    Subd. 5.  [REGIONAL CHANNEL ENTITY.] The cable 
communications board may designate a regional channel entity 
prior to July 1, 1985.  If the cable communications board does 
not designate an entity by June 30, 1985, the metropolitan 
council shall appoint the governing body of the regional channel 
entity which must consist of 15 members appointed to three-year 
terms.  In making the initial appointments the metropolitan 
council shall designate one-third of the appointees to serve 
one-year terms, one-third to serve two-year terms, and one-third 
to serve three-year terms.  In the case of a vacancy the council 
shall appoint a person to fill the vacancy for the remainder of 
the unexpired term.  The metropolitan council shall name three 
appointees from the recommendations received from the 
association of metropolitan municipalities and three from the 
recommendations received from the cable communications companies 
operating in the metropolitan area.  
     Subd. 6.  [REGIONAL CHANNEL OPERATOR.] The regional channel 
entity may operate the regional channel or designate the 
operator of the regional channel.  In the event the regional 
channel entity designates the operator of the regional channel, 
the designation must be for an initial period not exceeding 
three years.  Before the expiration of the three-year period, 
the regional channel entity shall review its designation and 
consider renewal for a term not exceeding three years.  Nothing 
in this section creates any right to renewal for the operator 
designated by the regional channel entity. 
    Sec. 44.  Minnesota Statutes 1984, section 250.05, is 
amended to read:  
    Subdivision 1.  There is hereby established as a public 
corporation in the executive branch of state government the 
Gillette children's hospital board.  The purpose of the board 
shall be to govern the operation of Gillette children's hospital 
in conjunction with the Ramsey county hospital in such manner as 
to obtain a maximum of efficiency and economy in the performance 
of and training in medical and surgical care of crippled 
children with handicaps or disabilities. 
    Subd. 2.  The Gillette children's hospital shall be 
governed by a board of directors consisting of nine up to 19 
members.  Not more than four nine of those appointed by the 
governor shall be residents of Ramsey county.  The commissioner 
of health and the commissioner of economic security shall each 
designate a senior employee of their respective departments to 
represent them as voting members of the board. The designee of 
the commissioner of economic security shall be the person having 
authority over the administration of federally recognized 
vocational rehabilitation programs.  Notwithstanding the 
provisions of subdivision 2a, the term of office of a designee 
shall be coterminous with the term of office of the designating 
commissioner.  Of the seven remaining members, at least four 
shall be consumers as defined in section 145.833, and one member 
shall be a member of the medical staff, to be recommended 
elected by the medical staff of the hospital.  Members other 
than the designees shall be appointed elected by the governor 
other members.  No member of the board shall be an employee of 
or have any direct or immediate family financial interest in a 
business entity that provides goods or services to the 
hospital.  No member of the board may be an employee of the 
hospital or employed by have any direct or immediate family 
financial interest in a business entity that provides goods or 
services to the hospital within the past five years. 
    Subd. 2a.  The membership terms, compensation, and removal 
of members, filling of vacancies on the board shall be as 
provided in section 15.0575. 
    Subd. 3.  The board shall organize by electing a 
chairman chairperson and other officers as may be required.  The 
Gillette children's hospital board shall employ an administrator 
and other professional, technical, and clerical personnel as may 
be required.  The administrator shall serve at the pleasure of 
the board.  The Gillette children's hospital board may shall 
employ a certified public accountant to annually audit and 
examine its financial records.  The report of an examination or 
audit by a certified public accountant shall be submitted on 
request to the legislative auditor who shall review the audit 
report and accept it or make additional examinations as he deems 
to be in the public interest.  The working papers of the 
certified public accountant relating to the Gillette children's 
hospital board shall be made available to the legislative 
auditor upon request. 
    The Gillette children's hospital board may contract for the 
services of individuals who perform medical, technical, or other 
services of a professional nature, and may contract for the 
purchase of necessary supplies, services, and equipment.  Except 
as it determines, the Gillette children's hospital board shall 
not be subject to the provisions of chapter 16, concerning 
budgeting, payroll, and the purchase of goods or services.  Any 
department of state government is authorized, within the limits 
of its functions and appropriations, to assist the 
Gillette children's hospital board upon request. 
    Subd. 3a.  All employees of the Gillette children's 
hospital who are in the classified service of the state on March 
28, 1974 shall be continued as employees of the Gillette 
children's hospital board without loss of status, seniority, or 
benefits.  The departments of administration and personnel shall 
endeavor to assist in the transfer elsewhere within state 
service of any classified employee who desires such assistance.  
Classified personnel may, with their individual approval and the 
approval of the Gillette children's hospital board, enter the 
unclassified service.  Employees who remain in the classified 
service of the state under the provisions of this section, may 
do so as long as they continue to occupy the position occupied 
on March 28, 1974. If such an employee at a subsequent date is 
appointed, transferred, promoted, or demoted to a different 
position under the Gillette children's hospital board, that 
position and employee shall be in the unclassified service.  All 
other employees of the Gillette children's hospital board shall 
be in the unclassified service.  The Gillette children's 
hospital board may prescribe all terms and conditions of 
employment of unclassified employees, including but not limited 
to the fixing of classification and compensation, without regard 
to the provisions of chapter 15A.  Full time employees of the 
Gillette children's hospital board shall may be members of the 
Minnesota state retirement system for classified employees, to 
which the Gillette children's hospital board shall make 
employer's contributions. 
    Subd. 4.  The Gillette children's hospital board, acting 
through its board of directors, may contract with the governing 
body and the owners of the St. Paul Ramsey county hospital 
medical center and of any other hospital or institution, for the 
joint maintenance and operation of the Gillette children's 
hospital in conjunction with existing or contemplated facilities 
at the Ramsey county hospital. Contracts may include agreements 
for the joint employment and utilization of personnel, the joint 
purchase of supplies and equipment, and joint construction, 
acquisition, or leasing of space for offices, outpatient 
facilities, operating rooms, and other medical facilities for 
use in training in the care and treatment of crippled disabled 
and handicapped children, the operation of a brace shop an 
orthotic/prosthetic laboratory, and the conduct of patient 
education programs.  No contract shall, however, provide for the 
expenditure of funds for additional patient bed capacity.  
    Subd. 5.  The Gillette children's hospital board shall have 
the power to accept gifts and grants, to sue and be sued, and to 
establish a schedule of charges for medical, hospital, and 
rehabilitative all services furnished.  All funds received by 
the Gillette children's hospital board from any source are 
hereby annually appropriated to the Gillette children's hospital 
board, which shall be responsible for their management and 
control.  An annual report shall be submitted to the legislature 
by the Gillette children's hospital board not later than 
November 15 of each year.  The report shall summarize the 
activities of the board and the hospital over the preceding 
fiscal year, shall evaluate whether the statutory structure for 
the board results in effective administration of the hospital 
and whether statutory changes are necessary.  The report shall 
be submitted together with the audit report required by 
subdivision 3. 
    Subd. 6.  The Gillette children's hospital shall seek 
reimbursement for costs of care and treatment provided, from 
parents to the extent of their ability to pay, from insurance 
policies covering care and treatment, and from other sources, 
including any federally financed medical aids for which the 
child is eligible.  To the extent of appropriations available 
therefor, the department of human services shall continue to 
provide financial assistance to the Gillette children's hospital 
board to pay for costs of care otherwise unmet which are beyond 
the ability of parents to provide.  Children from other states 
who can benefit from the services of the hospital may be 
accepted upon the referral of a medical doctor.  Reimbursement 
for full costs for care provided non-resident patients shall be 
obtained from parents, from insurance policies covering care and 
treatment, or from any sources other than the state of Minnesota 
which may be available to the child and his family. 
    Sec. 45.  Minnesota Statutes 1984, section 254A.04, is 
amended to read:  
    254A.04 [CITIZENS ADVISORY COUNCIL.] 
    There is hereby created an alcohol and other drug abuse 
advisory council to advise the department of human services 
concerning the problems of alcohol and other drug dependency and 
abuse, composed of 11 ten members appointed by the governor.  At 
least Five members shall be individuals whose interests or 
training are in the field of alcohol dependency and abuse; and 
at least five members whose interests or training are in the 
field of dependency and abuse of drugs other than alcohol.  The 
council shall expire and the terms, compensation and removal of 
members shall be as provided in section 15.059.  The 
commissioner of human services shall appoint members whose terms 
end in even-numbered years.  The commissioner of health shall 
appoint members whose terms end in odd-numbered years. 
    Sec. 46.  Minnesota Statutes 1984, section 270.41, is 
amended to read:  
    270.41 [BOARD OF ASSESSORS.] 
    A board of assessors is hereby created.  The board shall be 
for the purpose of establishing, conducting, reviewing, 
supervising, coordinating or approving courses in assessment 
practices, and establishing criteria for determining assessor's 
qualifications.  The board shall also have authority and 
responsibility to consider other matters relating to assessment 
administration brought before it by the commissioner of 
revenue.  The board shall consist of nine members, who shall be 
appointed by the governor commissioner of revenue, in the manner 
provided herein.  
    1.  Two from the department of revenue, 
    2.  Two county assessors, 
    3.  Two assessors who are not county assessors, one of whom 
shall be a township assessor, and 
    4.  One from the private appraisal field holding a 
professional appraisal designation, 
    5.  Two public members as defined by section 214.02.  
    The appointment provided in 1, 2 and 3, may be made from a 
list two lists of not less than three names each, one submitted 
to the governor by the commissioner of revenue containing 
recommendations for appointees described in 1, by the Minnesota 
Association of Assessing Officers or its successor organization 
containing recommendations for the appointment of appointees 
described in 2, and one by the Minnesota Association of 
Assessors, Inc. or its successor organization containing 
recommendations for the appointees described in 3,.  The lists 
must be submitted 30 days before the commencement of the term. 
In the case of a vacancy, a new list shall be furnished to 
the governor commissioner by the respective organization 
immediately.  In the event any member of the board shall no 
longer be engaged in the capacity listed above, he shall 
automatically be disqualified from membership in the board. 
    The board shall annually elect a chairman and a secretary 
of the board. 
    Sec. 47.  Minnesota Statutes 1984, section 343.01, 
subdivision 3, is amended to read:  
    Subd. 3.  The society must be governed by a board of 
directors consisting of seven persons appointed by the 
governor.  The governor, the commissioner of education, and the 
attorney general, or their designees shall serve as ex officio, 
nonvoting members of the board.  The membership terms, 
compensation, removal, and filling of vacancies of board members 
other than ex officio members shall be as provided in section 
15.0575; provided that the terms of two initial members shall 
expire in each of 1979, 1980, and 1981, and the term of the 
seventh initial member shall expire in 1982.  The members of the 
board shall annually elect a chairman and other officers as 
deemed necessary.  Meetings must be called by the chairman or at 
least two other members.  The governor board shall appoint an 
executive director who shall serve in the unclassified civil 
service at the governor's board's pleasure for a term 
coterminous with that of the governor.  The executive director 
may employ other staff who shall serve in the unclassified civil 
service.  The commissioner of administration upon request of the 
executive director shall supply the board with necessary office 
space and administrative services, and the board shall reimburse 
the commissioner for the cost. 
    Sec. 48.  Minnesota Statutes 1984, section 473.129, 
subdivision 6, is amended to read: 
    Subd. 6.  [PARTICIPATION IN SPECIAL DISTRICT ACTIVITY 
METROPOLITAN AREA COMMISSIONS AND BOARDS.] (a) The metropolitan 
council shall appoint from its membership a member to serve with 
the metropolitan airports commission, a member to serve with the 
mosquito control commission, a member to serve on the 
Minneapolis-St. Paul sanitary district or any successor thereof, 
and may appoint a member to serve on any metropolitan area 
commission or board authorized by law. Each member of the 
metropolitan council so appointed on each of such commissions 
shall serve without a vote. 
    (b) The metropolitan council shall also appoint individuals 
to the governing body of the cable communications metropolitan 
interconnected regional channel entity under section 43, 
subdivision 5. 
    Sec. 49.  Minnesota Statutes 1984, section 611.215, 
subdivision 1, is amended to read:  
    Subdivision 1.  [CREATION; MEMBERSHIP.] There is created a 
state board of public defense as a part of, but not subject to 
the administrative control of, the judicial branch of 
government.  The state board of public defense shall consist of 
seven members appointed by the governor supreme court including: 
    (a) A district, county or county municipal court trial 
judge;  
    (b) Four attorneys admitted to the practice of law, well 
acquainted with the defense of persons accused of crime, but not 
publicly employed as a prosecutor or defense counsel; and 
    (c) Two public members.  
    All members shall demonstrate an interest in maintaining a 
high quality, independent defense system for those who are 
unable to obtain adequate representation.  In making the four 
appointments of attorneys at law, the governor supreme court 
shall first consider a list of at least three nominees for each 
position submitted to the governor supreme court by the state 
bar association.  The terms, compensation and removal of members 
shall be as provided in section 15.0575.  The chairman shall be 
elected by the members from among the membership for a term of 
two years.  
    Sec. 50.  Laws 1984, chapter 654, article 2, section 151, 
subdivision 2, is amended to read:  
    Subd. 2.  [CREATION OF COUNCIL.] There is created the 
Minnesota Manufacturing Growth Council whose purpose is to 
address manufacturing concerns in Minnesota.  The council shall 
consist of 21 members appointed by the governor.  The governor 
commissioner of energy and economic development shall serve as 
chairperson of the council.  The governor and shall appoint 
seven members who represent manufacturing labor; seven members 
who represent manufacturing management; the commissioners of 
economic security, energy and economic development, and labor 
and industry; one economist; and two members of the 
public-at-large.  The governor and the commissioners of economic 
security and labor and industry shall also be members of the 
council.  The governor commissioner of energy and economic 
development shall seek to appoint at least one member 
representing manufacturing businesses owned or managed by women. 
    Sec. 51.  [MOTION PICTURE AND TELEVISION ADVISORY COUNCIL; 
APPOINTING AUTHORITY TRANSFERRED.] 
    Notwithstanding Laws 1983, chapter 301, section 28, the 
commissioner of energy and economic development shall appoint 
the members of the motion picture and television advisory 
council and designate one appointee as chairperson and liaison 
to the commissioner. 
    Sec. 52.  [TERMS OF TELECOMMUNICATIONS COUNCIL MEMBERS.] 
    Notwithstanding Minnesota Statutes, section 15.059 or 
16C.01, the terms of all present members of the 
telecommunications council shall expire on July 31, 1985. 
    Sec. 53.  [GILLETE CHILDREN'S HOSPITAL BOARD TRANSITION.] 
    Members of the Gillete children's hospital board on July 
31, 1985, carry over as members of the board as restructured by 
this act and shall elect additional members other than designees.
    Sec. 54.  [REPEALER.] 
    Minnesota Statutes 1984, sections 3.29, subdivisions 1, 2, 
3, 4, 5, 6, 7, 8, 9, 10, and 11; 16C.01; 238.02, subdivision 4; 
238.04; 238.05; 238.06; 238.09; 238.10; 238.11, subdivision 1; 
238.12, subdivision 3; 238.13; 238.14; 238.16, subdivision 1; 
and 238.17, subdivisions 6, 7, and 8 are repealed. 
    Sec. 55.  [EFFECTIVE DATE.] 
    Sections 3, 10 to 43, and 48 are effective July 1, 1985. 
    Approved May 31, 1985