Office of the Revisor of Statutes
Minnesota Session Laws - 1993, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1993
CHAPTER 163-H.F.No. 889
An act relating to economic development; clarifying
provisions relating to the department of trade and
economic development; clarifying the duties of the
commissioner; providing certain duties for the rural
development board and Minnesota Technology, Inc.;
amending Minnesota Statutes 1992, sections 17.49,
subdivision 1; 18.024, subdivision 1; 86.72,
subdivision 3; 86A.06; 86A.09, subdivisions 1, 2, 3,
and 4; 92.35; 92.36; 103F.135, subdivision 1; 116J.01,
by adding a subdivision; 116J.402; 116J.58,
subdivision 1; 116J.61; 116J.68, subdivision 2;
116J.873, subdivisions 3 and 4; 116J.966, subdivision
1; 116J.980, subdivisions 1 and 2; 116N.04,
subdivision 1; 116O.02, subdivision 6; 116O.03,
subdivision 1a; 116O.04, subdivision 1; 116O.05,
subdivision 2; 116O.06, subdivision 1; 116O.08,
subdivision 2; 137.31, subdivision 6; 138.93,
subdivision 4; 144.95, subdivision 7; 173.17;
216B.242; 216C.37, subdivision 1; 299A.01, subdivision
2; 446A.03, subdivision 1; 446A.10, subdivision 2;
473.857, subdivision 2; 473H.06, subdivision 5; and
641.24; proposing coding for new law in Minnesota
Statutes, chapter 116J; repealing Minnesota Statutes
1992, sections 84.54; 86A.10; 116J.01, subdivision 3;
116J.615, subdivision 2; 116J.645; 116J.661; 116J.982,
subdivisions 6a, 8, and 9; 116J.983; 116J.984;
301A.01; 301A.02; 301A.03; 301A.04; 301A.05; 301A.06;
301A.07; 301A.08; 301A.09; 301A.10; 301A.11; 301A.12;
301A.13; and 301A.14.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
Section 1. Minnesota Statutes 1992, section 17.49,
subdivision 1, is amended to read:
Subdivision 1. [PROGRAM ESTABLISHED.] The commissioner
shall establish and promote a program of aquaculture in
consultation with an advisory committee consisting of the
University of Minnesota, the commissioner of natural resources,
the commissioner of agriculture, the commissioner of trade and
economic development, representatives of the private aquaculture
industry, and the chairs of the environment and natural
resources committees of the house of representatives and senate.
Sec. 2. Minnesota Statutes 1992, section 18.024,
subdivision 1, is amended to read:
Subdivision 1. [WOOD UTILIZATION.] The departments of
agriculture and natural resources, after consultation with the
Minnesota shade tree advisory committee and the commissioners
commissioner of public service, and trade and economic
development, shall investigate, evaluate, and make
recommendations to the legislature concerning the potential uses
of wood from community trees removed due to disease or other
disorders. These recommendations shall include maximum resource
recovery through recycling, use as an alternative energy source,
or use in construction or the manufacture of new products. Wood
utilization or disposal systems as defined in section 18.023
must be included to ensure maximum utilization of diseased shade
trees with designs and procedures to ensure public safety and to
assure compliance with approved disease control programs.
Sec. 3. Minnesota Statutes 1992, section 86.72,
subdivision 3, is amended to read:
Subd. 3. Requests for allocation from the account for
acquisition or development shall be accompanied by a certificate
signed jointly by the commissioner of trade and economic
development and commissioner of natural resources, showing a
review of the application against chapter 86A. Copies of the
certification shall be submitted to the appropriate legislative
committees and commissions. Appropriations from the account
shall be expended with the approval of the governor after
consultation with the legislative advisory commission. The
legislative commission on Minnesota resources shall make
recommendations to the legislative advisory commission regarding
the expenditures.
Sec. 4. Minnesota Statutes 1992, section 86A.06, is
amended to read:
86A.06 [RULES.]
Each managing agency, in consultation with the commissioner
of trade and economic development, shall promulgate rules
relating to the units of the outdoor recreation system within
its jurisdiction, which shall provide for administration of the
units in the manner specified in section 86A.05 and the laws
relating to each type of unit.
Sec. 5. Minnesota Statutes 1992, section 86A.09,
subdivision 1, is amended to read:
Subdivision 1. [MASTER PLAN REQUIRED.] No construction of
new facilities or other development of an authorized unit, other
than repairs and maintenance, shall commence until the managing
agency has prepared and submitted to the commissioner of trade
and economic development natural resources and the commissioner
of trade and economic development has reviewed, pursuant to this
section, a master plan for administration of the unit in
conformity with this section. No master plan is required for
wildlife management areas that do not have resident managers,
for water access sites, for aquatic management areas, or for
rest areas.
Sec. 6. Minnesota Statutes 1992, section 86A.09,
subdivision 2, is amended to read:
Subd. 2. [MASTER PLAN; PREPARATION AND CONTENT.] The
managing agency shall supervise preparation of the master plan
and shall utilize the professional staffs of any agency of the
state when the expertise of the staff of such agency is
necessary to adequately prepare the master plan; the master plan
shall present the information in a format and detail that is
appropriate to the size and complexity of the authorized unit.
When the master plan has been completed the managing agency
shall announce to the public in a manner reasonably designed to
inform interested persons that the master plan is available for
public review and in the case of any major unit shall hold at
least one public hearing on the plan in the vicinity of the
unit. The managing agency shall make the master plan available
for review and comment by the public and other state agencies
for at least 30 days following the announcement and before
submitting the master plan to the commissioner of trade and
economic development natural resources. Copies of the plan
shall be provided to members of the outdoor recreation advisory
council and to any other person on request.
Sec. 7. Minnesota Statutes 1992, section 86A.09,
subdivision 3, is amended to read:
Subd. 3. [MASTER PLAN; REVIEW AND APPROVAL.] All master
plans required by this section shall be submitted to the
commissioner of trade and economic development natural resources
for review pursuant to this subdivision. The commissioner
of trade and economic development natural resources shall review
the master plan to determine whether the plan: (a) provides for
administration of the unit in a manner that is consistent with
the purposes for which the unit was authorized and with the
principals governing the administration of the unit, as
specified in section 86A.05 and the statutes relating to each
type of unit; (b) recognizes values and resources within the
unit that are primarily the responsibility of another managing
agency to protect or develop, and provides for their protection
or development either through a cooperative agreement with the
other managing agency or through designation of the appropriate
area as a secondary unit. In reviewing any master plan, the
commissioner of trade and economic development natural resources
shall consult with other state agencies. Within 60 days after
receiving the master plan, the commissioner of trade and
economic development natural resources shall notify the managing
agency that the plan has been reviewed and forward its
recommendations for any changes it might suggest. The managing
agency shall review the recommendations and notify the
commissioner of trade and economic development natural resources
of the disposition made of them. Failure to comment on a master
plan within the time specified shall be considered approval of
the plan by the commissioner of trade and economic development
natural resources. If the director of the commissioner of trade
and economic development natural resources feels that the master
plan still fails significantly to comply with this subdivision,
the commissioner may request review of the master plan by the
governor. In that event review shall not be deemed completed
until after the master plan has been approved by the governor or
60 days have elapsed without action by the governor to approve
or reject the plan, whichever occurs first.
Sec. 8. Minnesota Statutes 1992, section 86A.09,
subdivision 4, is amended to read:
Subd. 4. [DEVELOPMENT.] Construction of necessary
facilities and other development of the unit shall commence as
soon as practicable after review of the master plan by the
commissioner of trade and economic development natural
resources, and the governor if requested, and shall be carried
out in conformity with the master plan.
Sec. 9. Minnesota Statutes 1992, section 92.35, is amended
to read:
92.35 [DUTIES AND POWERS.]
The commissioner of trade and economic development natural
resources must classify all public and private lands in the
state by the use to which the lands are adapted, but principally
as to adaptability to present known uses, such as agriculture
and forestry. This classification must be based on
consideration of the known physical and economic factors
affecting use of the land. The commissioner must consult
private, state, and federal agencies concerned with land use.
The commissioner may appoint advisory committees of residents of
the state concerned with and interested in land use. The
advisory committees shall serve without pay, at the pleasure of
the commissioner. The advisory committee must consider and
report on land use problems submitted by the commissioner. The
classification must be done first in the counties having land
classification committees. In determining the land
classification, the commissioner must consult and cooperate with
the land classification committee. The determination of the
land classification committee is final.
Sec. 10. Minnesota Statutes 1992, section 92.36, is
amended to read:
92.36 [LANDS CLASSIFIED.]
Upon the basis of all of the facts concerning land use now
obtainable and as provided in sections 92.34 to 92.37 the
commissioner of trade and economic development natural resources
shall temporarily classify land areas with reference to the
known uses to which the areas are adapted or adaptable. A
certified copy of the temporary classification, together with a
brief statement of the reasons for it, must be recorded in the
office of the county recorder in each county containing the
lands classified. No fees need be paid for this recording.
After the temporary classification has been adopted by the
commissioner, none of the lands classified as nonagricultural
may be sold or leased by the state for agricultural purposes.
Sec. 11. Minnesota Statutes 1992, section 103F.135,
subdivision 1, is amended to read:
Subdivision 1. [COMMISSIONER'S DUTIES.] The commissioner
shall:
(1) collect and distribute information relating to flooding
and floodplain management;
(2) coordinate local, state, and federal floodplain
management activities to the greatest extent possible, and
encourage the United States Army Corps of Engineers and the
United States Soil Conservation Service to make their flood
control planning data available to local governmental units for
planning purposes, to allow adequate local participation in the
planning process and in the selection of desirable alternatives;
(3) assist local governmental units in their floodplain
management activities in cooperation with the commissioner of
trade and economic development; and
(4) do all other things, within lawful authority, that are
necessary or desirable to manage the floodplain for beneficial
uses compatible with the preservation of the capacity of the
floodplain to carry and discharge the regional flood.
Sec. 12. Minnesota Statutes 1992, section 116J.01, is
amended by adding a subdivision to read:
Subd. 5. [DEPARTMENTAL ORGANIZATION.] (a) The commissioner
shall organize the department as provided in section 15.06.
(b) The commissioner may establish divisions and offices
within the department. The commissioner may employ three deputy
commissioners in the unclassified service. One deputy must
direct the Minnesota trade office and must be experienced and
knowledgeable in matters of international trade. One deputy
must be the director of the office of tourism.
(c) The commissioner shall:
(1) employ assistants and other officers, employees, and
agents that the commissioner considers necessary to discharge
the functions of the commissioner's office;
(2) define the duties of the officers, employees, and
agents, and delegate to them any of the commissioner's powers,
duties, and responsibilities, subject to the commissioner's
control and under conditions prescribed by the commissioner.
Sec. 13. [116J.011] [MISSION.]
The mission of the department of trade and economic
development is to employ all of the available state government
resources to facilitate an economic environment that produces
net new job growth in excess of the national average and to
increase nonresident and resident tourism revenues.
Sec. 14. Minnesota Statutes 1992, section 116J.402, is
amended to read:
116J.402 [COOPERATIVE CONTRACTS.]
The commissioner of trade and economic development may
apply for, receive, and spend money for community development
from municipal, county, regional, and other planning agencies.
The commissioner may also apply for, accept, and disburse grants
and other aids for community development and related planning
from the federal government and other sources. The commissioner
may enter into contracts with agencies of the federal
government, local governmental units, regional development
commissions, and the metropolitan council, other state agencies,
the University of Minnesota, and other educational institutions,
and private persons as necessary to perform the commissioner's
duties. Contracts made according to this section, except those
with private persons, are not subject to the provisions of
chapter 16 concerning competitive bidding.
The commissioner may apply for, receive, and spend money
made available from federal sources or other sources for the
purposes of carrying out the duties and responsibilities of the
commissioner relating to community development.
Money received by the commissioner under this section must
be deposited in the state treasury and is appropriated to the
commissioner for the purposes for which the money has been
received. The money does not cancel and is available until
spent.
Sec. 15. Minnesota Statutes 1992, section 116J.58,
subdivision 1, is amended to read:
Subdivision 1. [ENUMERATION.] The commissioner shall:
(1) investigate, study, and undertake ways and means of
promoting and encouraging the prosperous development and
protection of the legitimate interest and welfare of Minnesota
business, industry, and commerce, within and outside the state;
(2) locate markets for manufacturers and processors and aid
merchants in locating and contacting markets;
(3) investigate and study conditions affecting Minnesota
business, industry, and commerce and collect and disseminate
information, and engage in technical studies, scientific
investigations, and statistical research and educational
activities necessary or useful for the proper execution of the
powers and duties of the commissioner in promoting and
developing Minnesota business, industry, and commerce, both
within and outside the state;
(4) plan and develop an effective business information
service both for the direct assistance of business and industry
of the state and for the encouragement of business and industry
outside the state to use economic facilities within the state;
(5) compile, collect, and develop periodically, or
otherwise make available, information relating to current
business conditions;
(6) conduct or encourage research designed to further new
and more extensive uses of the natural and other resources of
the state and designed to develop new products and industrial
processes;
(7) study trends and developments in the industries of the
state and analyze the reasons underlying the trends; study costs
and other factors affecting successful operation of businesses
within the state; and make recommendations regarding
circumstances promoting or hampering business and industrial
development;
(8) serve as a clearing house for business and industrial
problems of the state; and advise small business enterprises
regarding improved methods of accounting and bookkeeping;
(9) cooperate with interstate commissions engaged in
formulating and promoting the adoption of interstate compacts
and agreements helpful to business, industry, and commerce;
(10) cooperate with other state departments, and with
boards, commissions, and other state agencies, in the
preparation and coordination of plans and policies for the
development of the state and for the use and conservation of its
resources insofar as the use, conservation, and development may
be appropriately directed or influenced by a state agency;
(11) assemble and coordinate information relative to the
status, scope, cost, and employment possibilities and the
availability of materials, equipment, and labor in connection
with public works projects, state, county, and municipal;
recommend limitations on the public works; gather current
progress information with reference to public and private works
projects of the state and its political subdivisions with
reference to conditions of employment; inquire into and report
to the governor, when requested by the governor, with respect to
any program of public state improvements and the financing
thereof; and request and obtain information from other state
departments or agencies as may be needed properly to report
thereon;
(12) study changes in population and current trends and
prepare plans and suggest policies for the development and
conservation of the resources of the state;
(13) confer and cooperate with the executive, legislative,
or planning authorities of the United States and neighboring
states and provinces and of the counties and municipalities of
such neighboring states, for the purpose of bringing about a
coordination between the development of such
neighboring provinces, states, counties, and municipalities and
the development of this state;
(14) generally, gather, compile, and make available
statistical information relating to business, trade, commerce,
industry, transportation, communication, natural resources, and
other like subjects in this state, with authority to call upon
other departments of the state for statistical data and results
obtained by them and to arrange and compile that statistical
information in a manner that seems wise;
(15) publish documents and annually convene regional
meetings to inform businesses, local government units,
assistance providers, and other interested persons of changes in
state and federal law related to economic development; and
(16) annually convene conferences of providers of economic
development related financial and technical assistance for the
purposes of exchanging information on economic development
assistance, coordinating economic development activities, and
formulating economic development strategies; and
(17) provide business with information on the economic
benefits of energy conservation and on the availability of
energy conservation assistance.
Sec. 16. Minnesota Statutes 1992, section 116J.61, is
amended to read:
116J.61 [ADDITIONAL POWERS AND DUTIES.]
The commissioner shall:
(1) have control of the work of carrying on a continuous
program of education for business people;
(2) publish, disseminate, and distribute information and
statistics;
(3) promote and encourage the expansion and development of
markets for Minnesota products;
(4) promote and encourage the location and development of
new business in the state as well as the maintenance and
expansion of existing business and for that purpose cooperate
with state and local agencies and individuals, both within and
outside the state;
(5) advertise and disseminate information as to natural
resources, desirable locations, and other advantages for the
purpose of attracting business to locate in this state;
(6) aid the various communities in this state in getting
attracting business to locate therein;
(7) advise and cooperate with municipal, county, regional,
and other planning agencies and planning groups within the state
for the purpose of promoting coordination between the state and
localities as to plans and development in order to maintain a
high level of gainful employment in private profitable
production and achieve commensurate advancement in social and
cultural welfare; coordinate the activities of statewide and
local planning agencies, correlate information secured from them
and from state departments and disseminate information and
suggestions to the planning agencies; and encourage and assist
in the organization and functioning of local planning agencies
where none exist; and may provide at the request of any
governmental subdivision hereinafter mentioned planning
assistance, which includes but is not limited to surveys, land
use studies, urban renewal plans, technical services and other
planning work to any city or other municipality in the state or
perform similar planning work in any county, metropolitan or
regional area in the state. The commissioner shall not perform
the planning work with respect to a metropolitan or regional
area which is under the jurisdiction for planning purposes of a
county, metropolitan, regional or joint planning body, except at
the request or with the consent of the respective county,
metropolitan, regional or joint planning body. The commissioner
is authorized to receive and expend money from municipal,
county, regional and other planning agencies; and may accept and
disburse grants and other aids for planning purposes from the
federal government and from other public or private sources, and
may utilize moneys so received for the employment of consultants
and other temporary personnel to assist in the supervision or
performance of planning work supported by money other than state
appropriated money, and may enter into contracts with agencies
of the federal government, units of local government or
combinations thereof, and with private persons that are
necessary in the performance of the planning assistance function
of the commissioner. The commissioner may assist any local
government unit in filling out application forms for the federal
grants-in-aid. In furtherance of their planning functions, any
city or town, however organized, may expend money and contract
with agencies of the federal government, appropriate departments
of state government, other local units of government and with
private persons; and
(8) adopt measures calculated to promote public interest in
and understanding of the problems of planning and, to that end,
may publish and distribute copies of any plan or any report and
may employ other means of publicity and education that will give
full effect to the provisions of sections 116J.58 to 116J.63.
Sec. 17. Minnesota Statutes 1992, section 116J.68,
subdivision 2, is amended to read:
Subd. 2. The bureau shall:
(a) provide information and assistance with respect to all
aspects of business planning and business management related to
the start-up, operation, or expansion of a small business in
Minnesota;
(b) refer persons interested in the start-up, operation, or
expansion of a small business in Minnesota to assistance
programs sponsored by federal agencies, state agencies,
educational institutions, chambers of commerce, civic
organizations, community development groups, private industry
associations, and other organizations or to the business
assistance referral system established by the Minnesota Project
Outreach Corporation;
(c) plan, develop, and implement a master file of
information on small business assistance programs of federal,
state, and local governments, and other public and private
organizations so as to provide comprehensive, timely information
to the bureau's clients;
(d) employ staff with adequate and appropriate skills and
education and training for the delivery of information and
assistance;
(e) seek out and utilize, to the extent practicable,
contributed expertise and services of federal, state, and local
governments, educational institutions, and other public and
private organizations;
(f) maintain a close and continued relationship with the
director of the procurement program within the department of
administration so as to facilitate the department's duties and
responsibilities under sections 16B.19 to 16B.22 relating to the
small targeted group business and economically disadvantaged
business program of the state;
(g) develop an information system which will enable the
commissioner and other state agencies to efficiently store,
retrieve, analyze, and exchange data regarding small business
development and growth in the state. All executive branch
agencies of state government and the secretary of state shall to
the extent practicable, assist the bureau in the development and
implementation of the information system;
(h) establish and maintain a toll free telephone number so
that all small business persons anywhere in the state can call
the bureau office for assistance. An outreach program shall be
established to make the existence of the bureau well known to
its potential clientele throughout the state. If the small
business person requires a referral to another provider the
bureau may use the business assistance referral system
established by the Minnesota Project Outreach Corporation;
(i) conduct research and provide data as required by the
state legislature;
(j) develop and publish material on all aspects of the
start-up, operation, or expansion of a small business in
Minnesota;
(k) collect and disseminate information on state
procurement opportunities, including information on the
procurement process;
(l) develop a public awareness program through the use of
newsletters, personal contacts, and electronic and print news
media advertising about state assistance programs for small
businesses, including those programs specifically for socially
disadvantaged small business persons;
(m) publicize to small businesses section 14.115 which
requires consideration of small business issues in state agency
rulemaking;
(n) enter into agreements with the federal government and
other public and private entities to serve as the statewide
coordinator or host agency for the federal small business
development center program under United States Code, title 15,
section 648; and
(o) establish an evaluation mechanism to determine if
assistance providers have adequate expertise and resources to
deliver quality services. Evaluation of assistance providers
may be based on the ability of the provider to offer the
advertised service, the training and experience of the provider,
and the formal evaluation process used by the provider. The
evaluation mechanism must be designed so that the business
assistance referral system established by the Minnesota Project
Outreach Corporation may use the results of the evaluation in
providing clients with referrals to providers; and
(p) assist providers in the evaluation of their programs
and the assessment of their service area needs. The bureau may
establish model evaluation techniques and performance standards
for providers to use.
Sec. 18. Minnesota Statutes 1992, section 116J.873,
subdivision 3, is amended to read:
Subd. 3. [GRANT EVALUATION.] The division of community
development in the department commissioner shall accept, review,
and evaluate applications for grants to local units of
government made in accordance with rules adopted for economic
development grants in the small cities development program.
Applications recommended for funding, including recommended
grant awards, shall be submitted by the division to the
commissioner for approval.
Sec. 19. Minnesota Statutes 1992, section 116J.873,
subdivision 4, is amended to read:
Subd. 4. [GRANT LIMITS.] An economic recovery grant may
not be approved for an amount over $500,000. The division may
recommend less funding than requested if, in the opinion of the
division, the amount requested is more than is necessary to meet
the applicant's needs. If the amount of the grant is
reduced less than $500,000, the reasons for the reduction shall
be given to the applicant. The portion of an economic recovery
grant that exceeds $100,000 must be repaid to the state when it
is repaid to the local community or recognized Indian tribal
government by the person or entity to which it was loaned by the
local community or Indian tribal government. Money repaid to
the state must be credited to the general fund.
Sec. 20. Minnesota Statutes 1992, section 116J.966,
subdivision 1, is amended to read:
Subdivision 1. [GENERALLY.] (a) The commissioner shall
promote, develop, and facilitate trade and foreign investment in
Minnesota. In furtherance of these goals, and in addition to
the powers granted by section 116J.035, the commissioner may:
(1) locate, develop, and promote international markets for
Minnesota products and services;
(2) arrange and lead trade missions to countries with
promising international markets for Minnesota goods, technology,
services, and agricultural products;
(3) promote Minnesota products and services at domestic and
international trade shows;
(4) organize, promote, and present domestic and
international trade shows featuring Minnesota products and
services;
(5) host trade delegations and assist foreign traders in
contacting appropriate Minnesota businesses and investments;
(6) develop contacts with Minnesota businesses and gather
and provide information to assist them in locating and
communicating with international trading or joint venture
counterparts;
(7) provide information, education, and counseling services
to Minnesota businesses regarding the economic, commercial,
legal, and cultural contexts of international trade;
(8) provide Minnesota businesses with international trade
leads and information about the availability and sources of
services relating to international trade, such as export
financing, licensing, freight forwarding, international
advertising, translation, and custom brokering;
(9) locate, attract, and promote foreign direct investment
and business development in Minnesota to enhance employment
opportunities in Minnesota;
(10) provide foreign businesses and investors desiring to
locate facilities in Minnesota information regarding sources of
governmental, legal, real estate, financial, and business
services; and
(11) undertake activities to support the world trade
center; and
(12) enter into contracts or other agreements with private
persons and public entities, including agreements to establish
and maintain offices and other types of representation in
foreign countries, to carry out the purposes of promoting
international trade and attracting investment from foreign
countries to Minnesota and to carry out this section, without
regard to sections 16B.07 and 16B.09.
(b) The programs and activities of the commissioner of
trade and economic development and the Minnesota trade division
may not duplicate programs and activities of the commissioner of
agriculture or the Minnesota world trade center corporation.
(c) The commissioner shall notify the chairs of the senate
finance and house appropriations committees of each agreement
under this subdivision to establish and maintain an office or
other type of representation in a foreign country.
Sec. 21. Minnesota Statutes 1992, section 116J.980,
subdivision 1, is amended to read:
Subdivision 1. [DUTIES.] The community development
division is a division within the department of trade and
economic development. It shall:
(1) be responsible for administering all state community
development and assistance programs, including the economic
recovery account, the outdoor recreation grant program, the
rural development board programs, the community development
corporation program, the urban revitalization program, the
Minnesota public facilities authority loan and grant programs,
and the enterprise zone program;
(2) be responsible for state administration of federally
funded community development and assistance programs, including
the small cities development grant program and land and water
conservation program;
(3) provide technical assistance to rural communities for
community development in cooperation with regional development
commissions;
(4) coordinate the development and review of state rural
development policies;
(5) provide staff and consultant services to the rural
development board; and
(6) be responsible for coordinating community assistance
and development programs in cooperation with regional
development commissions.
Sec. 22. Minnesota Statutes 1992, section 116J.980,
subdivision 2, is amended to read:
Subd. 2. [GENERAL COMPLEMENT AUTHORITY.] The community
development division department may combine all related state
and federal complement positions into general fund positions, to
carry out the responsibilities under subdivision 1. The number
of general fund positions must not exceed the aggregate number
of all state and federal positions that are to be combined.
Records of the actual number of employee hours charged to each
state and federal account must be maintained for each general
fund position.
Sec. 23. Minnesota Statutes 1992, section 137.31,
subdivision 6, is amended to read:
Subd. 6. [ANNUAL REPORT.] The University of Minnesota
shall submit an annual report as provided in section 3.195, to
the governor and the legislature, with a copy to the
commissioner of trade and economic development administration,
indicating the progress being made toward the objectives and
goals of this section. The report shall include the following
information:
(a) the total dollar value and number of procurement
contracts identified and set aside during this period and the
percentage of total value of university procurements that this
figure reflects;
(b) the number of small businesses identified by and
responding to the university set-aside program, the total dollar
value and number of procurement contracts actually awarded to
small businesses with appropriate designation as to the total
number and value of procurement contracts awarded to each small
business, and the total number of small businesses that were
awarded procurement contracts; and
(c) the number of procurement contracts which were
designated and set aside pursuant to this section but which were
not awarded to a small business, the estimated total dollar
value of these awards, the lowest offer or bid on each of these
awards made by the small business, and the price at which these
contracts were awarded pursuant to regular procurement
procedures.
Sec. 24. Minnesota Statutes 1992, section 138.93,
subdivision 4, is amended to read:
Subd. 4. [MASTER PLANS.] The owner shall prepare and
submit to the regional planning commission a master plan for the
development and management of the center, in a format and detail
appropriate for the project. The regional planning commission
shall choose a project and report its choice to the Minnesota
historical society. The Minnesota historical society shall make
the master plan available for review and comment by the public
and other state agencies for at least 30 days. Copies of the
master plan shall be submitted to the commissioner of trade and
economic development for review and comment.
Sec. 25. Minnesota Statutes 1992, section 144.95,
subdivision 7, is amended to read:
Subd. 7. [RESEARCH PLOTS.] The commissioner of health may
lease and maintain experimental plots of land for mosquito
research. The commissioner of health shall determine the
locations of the experimental plots and may enter into
agreements with any public or private agency or individual to
lease the land. The commissioners of agriculture, natural
resources, transportation, and iron range resources and
rehabilitation, and trade and economic development shall
cooperate with the commissioner of health.
Sec. 26. Minnesota Statutes 1992, section 173.17, is
amended to read:
173.17 [REMOVAL OF DEVICES; COMPENSATION.]
It is hereby declared that where in order to carry out the
provisions of this chapter it is necessary that property rights
be acquired, such acquisition is for a public purpose and is
necessary for a highway purpose. The commissioner of
transportation is authorized to acquire by purchase, gift or
condemnation all advertising devices and all property rights
pertaining thereto which are prohibited under the provisions of
this chapter, and any rules promulgated pursuant thereto,
provided that such advertising devices were in lawful existence
on June 8, 1971. In any such acquisition, purchase or
condemnation, just compensation shall be paid for:
(1) The taking from the owner of such sign, display or
device of all right, title, leasehold and interest in such sign,
display or device; and
(2) The taking from the owner of the real property on which
such advertising device is located immediately prior to its
removal or relocation, the right to erect and maintain thereon
advertising devices, and full compensation therefor, including
severance damage and damage to the remainder of the outdoor
advertising plant regardless of whether it is located on
property contiguous to or a part of that on which such sign is
located, shall be included in the amounts paid to the respective
owners. Provided, however, that no compensation shall be paid
for severance damage and damage to the remainder of the outdoor
advertising plant unless federal laws, or rules and regulations
promulgated by the United States Department of Transportation
provide for federal participation in the cost of such severance
damage and damage to the remainder of the outdoor advertising
plant.
(3) Compensation required herein shall be paid to the
person or persons entitled thereto. Notwithstanding any other
provisions of Laws 1971, chapter 883, no advertising device
shall be required to be removed or relocated unless and until
the commissioner of transportation shall tender payment to the
owner of the advertising device and the owner of real property
upon which the same is located, in cash or check drawn on the
state treasury, of 100 percent of the amount of just
compensation required herein, as determined by the commissioner
of transportation; provided that the acceptance of said tendered
amount by the person or persons to be compensated shall be
without prejudice to further rights to have just compensation
finally determined in accordance with the provisions of Laws
1971, chapter 883, and to receive any greater or additional
amount under chapter 117.
(4) Notwithstanding any other provision of this chapter,
including section 173.20, no advertising device which was
lawfully erected shall be removed until all rights in the
property, personal or real, have been acquired by purchase,
gift, or eminent domain proceedings under chapter 117, whether
or not the advertising device is removed pursuant to this
chapter or any other statute, ordinance, or regulation of any
political subdivision of the state or local zoning authority.
The Minnesota department of transportation with the
assistance and cooperation of the department of trade and
economic development shall make recommendations to the standing
committees on transportation of both houses of the legislature
by February 1, 1982 for a comprehensive directional signing
program.
Sec. 27. Minnesota Statutes 1992, section 216B.242, is
amended to read:
216B.242 [INVERTED RATES.]
The commission may initiate a program designed to
demonstrate the effect of inverted rates on promoting
conservation by the residential customers of natural gas
utilities. Any inverted rates ordered by the commission shall
present customers with a tailblock price that, to the maximum
extent practicable, reflects the replacement cost of gas. Total
revenues collected from customers involved in this pilot program
may not exceed those that would be collected under a flat rate.
The commission may order one public gas utility to implement a
pilot program of inverted rates for residential customers and to
monitor the effects of these rates on gas consumption, and on
costs to residential customers. The program shall include a
sufficient number of residential customers to provide
statistically significant conclusions regarding the effects and
costs of inverted rates. The inverted rate schedules and
monitoring plans shall be prepared in consultation with the
commissioner of trade and economic development.
Sec. 28. Minnesota Statutes 1992, section 216C.37,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] In this section:
(a) "Commissioner" means the commissioner of public
service. Upon passage of legislation creating a body known as
the Minnesota public facilities authority, the duties assigned
to the commissioner in this section are delegated to the
authority.
(b) "Maxi-audit" means a detailed engineering analysis of
energy-saving improvements to existing buildings or stationary
energy-using systems, including (1) modifications to building
structures; (2) heating, ventilating, and air conditioning
systems; (3) operation practices; (4) lighting; and (5) other
factors that relate to energy use. The primary purpose of the
engineering analysis is to quantify the economic and engineering
feasibility of energy-saving improvements that require capital
expenditures or major operational modifications.
(c) "Energy conservation investments" mean all capital
expenditures that are associated with conservation measures
identified in a maxi-audit and that have a ten-year or less
payback period. Public school districts that received a federal
institutional building grant in 1984 to convert a heating system
to wood, and that apply for an energy conservation investment
loan to match a federal grant for wood conversion, shall be
allowed to calculate payback of conservation measures based on
the costs of the traditional fuel in use prior to the wood
conversion.
(d) "Municipality" means any county, statutory or home rule
charter city, town, school district, or any combination of those
units operating under an agreement to jointly undertake projects
authorized in this section.
Sec. 29. Minnesota Statutes 1992, section 299A.01,
subdivision 2, is amended to read:
Subd. 2. [DUTIES OF COMMISSIONER.] The duties of the
commissioner shall include the following:
(a) the coordination, development and maintenance of
services contracts with existing state departments and agencies
assuring the efficient and economic use of advanced business
machinery including computers;
(b) the execution of contracts and agreements with existing
state departments for the maintenance and servicing of vehicles
and communications equipment, and the use of related buildings
and grounds;
(c) the development of integrated fiscal services for all
divisions, and the preparation of an integrated budget for the
department;
(d) the establishment of a planning bureau within the
department, which bureau shall consult and coordinate its
activities with the commissioner of trade and economic
development.
Sec. 30. Minnesota Statutes 1992, section 446A.03,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP.] The Minnesota public
facilities authority consists of the commissioner of trade and
economic development, the commissioner of finance, the
commissioner of public service, the commissioner of the
pollution control agency, and three additional members appointed
by the governor from the general public with the advice and
consent of the senate.
Sec. 31. Minnesota Statutes 1992, section 446A.10,
subdivision 2, is amended to read:
Subd. 2. [OTHER RESPONSIBILITIES.] (a) The
responsibilities for the health care equipment loan program
under Minnesota Statutes 1986, section 116M.07, subdivisions 7a,
7b, and 7c; the public school energy conservation loan program
under section 216C.37;, and the district heating and qualified
energy improvement loan program under section 216C.36, are
transferred from the Minnesota energy and economic development
authority to the Minnesota public facilities authority. The
commissioner of public service shall continue to administer the
municipal energy grant and loan programs under section 216C.36
and the school energy loan program under section 216C.37 until
the commissioner of trade and economic development has adopted
rules to implement the financial administration of the programs
as provided under sections section 216C.36, subdivisions 2, 3b,
3c, 8, 8a, and 11, and 216C.37, subdivisions 1 and 8.
(b) Except as otherwise provided in this paragraph, section
15.039 applies to the transfer of responsibilities. The
transfer includes 8-1/2 positions from the financial management
division of the department of trade and economic development to
the community development division of the department of trade
and economic development. The commissioner of trade and
economic development and the commissioner of public service
shall determine which classified and unclassified positions
associated with the responsibilities of the grant and loan
programs under section 216C.36 and the school energy loan
program under section 216C.37 are transferred to the
commissioner of public service and which positions are
transferred to the commissioner of trade and economic
development in order to carry out the purposes of Laws 1987,
chapter 386, article 3.
Sec. 32. Minnesota Statutes 1992, section 473.857,
subdivision 2, is amended to read:
Subd. 2. A hearing shall be conducted within 60 days after
the request, provided that the committee shall consolidate
hearings on related requests. The hearing shall not consider the
need for or reasonableness of the metropolitan system plans or
parts thereof. The hearing shall afford all interested persons
an opportunity to testify and present evidence. The advisory
committee or administrative law judge may employ the appropriate
technical and professional services of the commissioner office
of trade and economic development dispute resolution for the
purpose of evaluating disputes of fact. The proceedings shall
not be deemed a contested case. Within 30 days after the
hearing, the committee or hearing examiner shall report to the
council respecting the proposed amendments to the system
statements. The report shall contain findings of fact,
conclusions, and recommendations and shall apportion the costs
of the proceedings among the parties.
Sec. 33. Minnesota Statutes 1992, section 473H.06,
subdivision 5, is amended to read:
Subd. 5. The metropolitan council shall maintain
agricultural preserve maps, illustrating (a) certified long term
agricultural lands; and (b) lands covenanted as agricultural
preserves. The council shall make yearly reports to the
commissioner of trade and economic development, the department
of agriculture, and such other agencies as the council deems
appropriate.
Sec. 34. Minnesota Statutes 1992, section 641.24, is
amended to read:
641.24 [LEASING.]
The county may, by resolution of the county board, enter
into a lease agreement with any statutory or home rule charter
city situated within the county, or a county housing and
redevelopment authority established pursuant to chapter 469 or
any special law whereby the city or county housing and
redevelopment authority will construct a jail or other law
enforcement facilities for the county sheriff, deputy sheriffs,
and other employees of the sheriff and other law enforcement
agencies, in accordance with plans prepared by or at the request
of the county board and, when required, approved by the
commissioner of corrections and will finance it by the issuance
of revenue bonds, and the county may lease the site and
improvements for a term and upon rentals sufficient to produce
revenue for the prompt payment of the bonds and all interest
accruing thereon and, upon completion of payment, will acquire
title thereto. The real and personal property acquired for the
jail shall constitute a project and the lease agreement shall
constitute a revenue agreement as contemplated in chapter 469,
and all proceedings shall be taken by the city or county housing
and redevelopment authority and the county in the manner and
with the force and effect provided in chapter 469; provided that:
(1) no tax shall be imposed upon or in lieu of a tax upon
the property;
(2) the approval of the project by the commissioner of
commerce shall not be required;
(3) the department of corrections shall be furnished and
shall record such information concerning each project as it may
prescribe, in lieu of reports required on other projects to the
commissioner of trade and economic development;
(4) the rentals required to be paid under the lease
agreement shall not exceed in any year one-tenth of one percent
of the market value of property within the county, as last
finally equalized before the execution of the agreement;
(5) the county board shall provide for the payment of all
rentals due during the term of the lease, in the manner required
in section 641.264, subdivision 2;
(6) no mortgage on the property shall be granted for the
security of the bonds, but compliance with clause (5) hereof may
be enforced as a nondiscretionary duty of the county board; and
(7) the county board may sublease any part of the jail
property for purposes consistent with the maintenance and
operation of a county jail or other law enforcement facility.
Sec. 35. [REPEALER.]
Minnesota Statutes 1992, sections 84.54; 86A.10; 116J.01,
subdivision 3; 116J.615, subdivision 2; 116J.645; 116J.661;
116J.982, subdivisions 6a, 8, and 9; 116J.983; 116J.984;
301A.01; 301A.02; 301A.03; 301A.04; 301A.05; 301A.06; 301A.07;
301A.08; 301A.09; 301A.10; 301A.11; 301A.12; 301A.13; and
301A.14, are repealed.
ARTICLE 2
Section 1. Minnesota Statutes 1992, section 116N.04,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL DUTIES.] The board shall
investigate and evaluate new methods to enhance rural
development, particularly methods relating to energy
conservation and economic diversification through private
enterprises, including technologically innovative industries,
value-added manufacturing, agriprocessing, information
industries, and agricultural marketing, and renewable energy
technologies.
Sec. 2. Minnesota Statutes 1992, section 116O.02,
subdivision 6, is amended to read:
Subd. 6. [TECHNOLOGY-RELATED ASSISTANCE.]
"Technology-related assistance" means the transfer of
technological information and technologies to assist in the
development and production of new technology-related products or
services or to increase the productivity or otherwise enhance
the production or delivery of existing products or services.
"Technology-related assistance" includes assistance in utilizing
and developing processes and products that conserve energy.
Sec. 3. Minnesota Statutes 1992, section 116O.03,
subdivision 1a, is amended to read:
Subd. 1a. [PURPOSE.] The purpose of the corporation is to
foster long-term economic growth and job creation by stimulating
innovation and the development of new products, services, and
production processes through energy conservation, technology
transfer, applied research, and financial assistance. The
corporation's purpose is not to create new programs or services
but to build on the existing educational, business, and economic
development infrastructure. The primary focus of the
corporation's activities must be to benefit new or existing
small and medium-sized businesses in greater Minnesota.
Sec. 4. Minnesota Statutes 1992, section 116O.04,
subdivision 1, is amended to read:
Subdivision 1. [GENERALLY.] The board shall appoint and
set the compensation for a president, who serves as chief
executive officer of the corporation, and who may appoint
subordinate officers. The president's salary may not exceed 95
percent of the governor's salary. The board may designate the
president as its general agent. Subject to the control of the
board, the president shall employ employees, consultants, and
agents the president considers necessary. The staff of the
corporation must include individuals knowledgeable in commercial
and industrial financing, energy conservation, research and
development, economic development, and general fiscal affairs.
The board shall define the duties and designate the titles of
the employees and agents.
Sec. 5. Minnesota Statutes 1992, section 116O.05,
subdivision 2, is amended to read:
Subd. 2. [DUTIES.] (a) The primary duties of the
corporation shall include:
(1) applied research; and
(2) technology transfer and early stage funding to small
manufacturers.
(b) The corporation shall also:
(1) establish programs, activities, and policies that
provide technology transfer and applied research and development
assistance to individuals, sole proprietorships, partnerships,
corporations, other business entities, and nonprofit
organizations in the state that are primarily new and existing
small and medium-sized businesses in greater Minnesota;
(2) provide or provide for technology-related assistance to
individuals, sole proprietorships, partnerships, corporations,
other business entities, and nonprofit organizations;
(3) provide financial assistance under section 116O.06 to
assist the development of new products, services, or production
processes, to assist in energy conservation, or to assist in
bringing new products or services to the marketplace;
(4) provide or provide for research services including
on-site research and testing of production techniques and
product quality;
(5) establish and operate regional research institutes as
provided for in section 116O.08;
(6) make matching research grants for applied research and
development to public and private post-secondary education
institutes as provided for in section 116O.11;
(7) enter into contracts for establishing formal
relationships with public or private research institutes or
facilities;
(8) establish the agricultural utilization research
institute under section 116O.09; and
(9) not duplicate existing services or activities provided
by other public and private organizations but shall build on the
existing educational, business, and economic development
infrastructure.
Sec. 6. Minnesota Statutes 1992, section 116O.06,
subdivision 1, is amended to read:
Subdivision 1. [FINANCIAL ASSISTANCE; TYPES.] The
corporation may provide financial assistance to individuals,
sole proprietorships, partnerships, corporations, other business
entities, or nonprofit organizations that have (1) received
research assistance from a corporation research facility or as a
result of a research grant under section 116O.09, subdivision 4,
or 116O.11; or (2) received favorable review through a peer
review process established under guidelines developed under
section 116O.10, subdivision 2. Financial assistance includes,
but is not limited to, loan guarantees or insurance, direct
loans, and interest subsidy payments. The corporation may
participate in loans by purchasing from a lender up to 50
percent of each loan. Financial assistance under this section
is for assisting in the financing of a business's debt
financing, energy conservation, product development financing,
or working capital needs.
Sec. 7. Minnesota Statutes 1992, section 116O.08,
subdivision 2, is amended to read:
Subd. 2. [PURPOSE.] The purpose of the institutes is to
provide applied research and development services to
individuals, businesses, or organizations for the purposes of
developing the region's economy through the utilization of the
region's resources and the development of technology. Research
and development services may include energy conservation
consultations, on-site research, product development grants,
testing of production techniques and product quality and
feasibility studies.
Sec. 8. [ENERGY AND ECONOMIC DEVELOPMENT PROJECT.]
Minnesota Technology, Inc., must by February 1, 1994,
notify the chairs of the legislative committees with
jurisdiction in energy or economic development issues of its
efforts in providing energy conservation assistance to employers
and of the economic value to businesses of that assistance.
Presented to the governor May 11, 1993
Signed by the governor May 14, 1993, 9:09 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes