Office of the Revisor of Statutes
Minnesota Session Laws - 1994, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 480-S.F.No. 2081
An act relating to state agencies; providing that the
open appointments act applies to certain appointments
made by the governor and by legislators; authorizing
the secretary of state to collect data regarding
appointments to multimember agencies by electronic
means; requiring multimember agencies to register with
the secretary of state; requiring the secretary of
state to publish information collected through
registration; requiring the secretary of state to
furnish copies of registration data to the legislative
reference library; extending the expiration date of
certain advisory councils; eliminating the family and
group family day care task force; amending Minnesota
Statutes 1992, sections 15.0597, subdivisions 1 and 5;
115A.072, subdivision 1; and 115A.12; Minnesota
Statutes 1993 Supplement, sections 15.0597,
subdivisions 2 and 4; and 16B.61, subdivision 3;
proposing coding for new law in Minnesota Statutes,
chapter 15; repealing Minnesota Statutes 1992, section
256.9751, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1992, section 15.0597,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] As used in this section, the
following terms shall have the meanings given them.
(a) "Agency" means (1) a state board, commission, council,
committee, authority, task force, including an advisory task
force created under section 15.014 or 15.0593, a group created
by executive order of the governor, or other similar multimember
agency created by statute law and having statewide jurisdiction;
and (2) the metropolitan council, regional transit board,
metropolitan airports commission, metropolitan parks and open
space commission, metropolitan sports facilities commission,
metropolitan waste control commission, capitol area
architectural and planning board, and any agency with a regional
jurisdiction created in this state pursuant to an interstate
compact.
(b) "Vacancy" or "vacant agency position" means (1) a
vacancy in an existing agency, or (2) a new, unfilled agency
position. Vacancy includes a position that is to be filled
through appointment of a nonlegislator by a legislator or group
of legislators; provided that "vacancy" shall does not mean (1)
a vacant position on an agency composed exclusively of persons
employed by a political subdivision or another agency, or (2) a
vacancy to be filled by a person required to have a specific
title or position.
(c) "Secretary" means the secretary of state.
Sec. 2. Minnesota Statutes 1993 Supplement, section
15.0597, subdivision 2, is amended to read:
Subd. 2. [COLLECTION OF DATA.] The chair of an existing
agency, or the appointing authority for the members of a newly
created agency, shall provide the secretary, on forms prepared
and distributed by the secretary, with the following data
pertaining to that agency:
(1) the name of the agency, its mailing address, and
telephone number;
(2) the legal authority for the creation of the agency and
the name of the person appointing agency members;
(3) the powers and duties of the agency;
(4) the number of authorized members, together with any
prescribed restrictions on eligibility such as employment
experience or geographical representation;
(5) the dates of commencement and expiration of the
membership terms and the expiration date of the agency, if any;
(6) the compensation of members, and appropriations or
other funds available to the agency;
(7) the regular meeting schedule, if any, and approximate
number of hours per month of meetings or other activities
required of members;
(8) the roster of current members, including mailing
addresses and telephone numbers; and
(9) a breakdown of the membership showing distribution by
county, legislative district, and congressional district, and,
only if the member has voluntarily supplied the information, the
sex, political party preference or lack thereof, race, and
national origin of the members.
The secretary may provide for the submission of data in
accordance with this subdivision by electronic means.
Sec. 3. Minnesota Statutes 1993 Supplement, section
15.0597, subdivision 4, is amended to read:
Subd. 4. [NOTICE OF VACANCIES.] The chair of an existing
agency, shall notify the secretary of a vacancy scheduled to
occur in the agency as a result of the expiration of membership
terms at least 45 days before the vacancy occurs. The chair of
an existing agency shall give written notification to the
secretary of each vacancy occurring as a result of newly created
agency positions and of every other vacancy occurring for any
reason other than the expiration of membership terms as soon as
possible upon learning of the vacancy and in any case within 15
days after the occurrence of the vacancy. The appointing
authority for newly created agencies shall give written
notification to the secretary of all vacancies in the new agency
within 15 days after the creation of the agency. The secretary
may provide for the submission of notices required by this
subdivision by electronic means. The secretary shall publish
monthly in the State Register a list of all vacancies of which
the secretary has been so notified. Only one notice of a
vacancy shall be so published, unless the appointing authority
rejects all applicants and requests the secretary to republish
the notice of vacancy. One copy of the listing shall be made
available at the office of the secretary to any interested
person. The secretary shall distribute by mail copies of the
listings to requesting persons. The listing for all vacancies
scheduled to occur in the month of January shall be published in
the State Register together with the compilation of agency data
required to be published pursuant to subdivision 3.
If a vacancy occurs within three months after an
appointment is made to fill a regularly scheduled vacancy, the
appointing authority may, upon notification to the secretary,
fill the vacancy by appointment from the list of persons
submitting applications to fill the regularly scheduled vacancy.
Sec. 4. Minnesota Statutes 1992, section 15.0597,
subdivision 5, is amended to read:
Subd. 5. [NOMINATIONS FOR VACANCIES.] Any person may make
a self-nomination for appointment to an agency vacancy by
completing an application on a form prepared and distributed by
the secretary. The secretary may provide for the submission of
the application by electronic means. Any person or group of
persons may, on the prescribed application form, nominate
another person to be appointed to a vacancy so long as the
person so nominated consents in writing on the application form
to the nomination. The application form shall specify the
nominee's name, mailing address, telephone number, preferred
agency position sought, a statement that the nominee satisfies
any legally prescribed qualifications, and any other information
the nominating person feels would be helpful to the appointing
authority. The nominating person has the option of indicating
the nominee's sex, political party preference or lack thereof,
race and national origin on the application form. The
application form shall make the option known. If a person
submits an application at the suggestion of an appointing
authority, the person shall so indicate on the application
form. Twenty-one days after publication of a vacancy in the
State Register pursuant to subdivision 4, the secretary shall
submit copies of all applications received for a position to the
appointing authority charged with filling the vacancy. If no
applications have been received by the secretary for the vacant
position by the date when copies must be submitted to the
appointing authority, the secretary shall so inform the
appointing authority. Applications received by the secretary
shall be deemed to have expired one year after receipt of the
application. An application for a particular agency position
shall be deemed to be an application for all vacancies in that
agency occurring prior to the expiration of the application and
shall be public information.
Sec. 5. [15.0599] [REGISTRATION OF MULTIMEMBER AGENCIES.]
Subdivision 1. [APPLICABILITY.] For purposes of this
section, "agency" means:
(1) a state board, commission, council, committee,
authority, task force, including an advisory task force
established under section 15.014 or 15.0593, other multimember
agency, however designated, established by statute or order and
having statewide jurisdiction;
(2) a multimember body, however designated, appointed by
the metropolitan council established by section 473.123 or a
metropolitan agency as defined in section 473.121, subdivision
5a, if the membership includes at least one person who is not a
member of the council or the agency; and
(3) a multimember body whose members are appointed by the
legislature if the body has at least one nonlegislative member.
"Secretary" means the secretary of state.
Subd. 2. [REGISTRATION OF NEW AGENCIES.] Within 30 days
after the appointment of members to a new agency, the appointing
authority shall register the agency with the secretary,
providing the information required in subdivision 4, paragraph
(a).
Subd. 3. [ANNUAL REGISTRATION OF EXISTING AGENCIES.]
Unless an agency has submitted its initial registration under
subdivision 2 within the last 90 days, the chair of an existing
agency shall register the agency with the secretary by July 15
of each year, providing the information required in subdivision
4, paragraph (b), and updating, if necessary, any of the
information previously provided in accordance with subdivision
4, paragraph (a).
Subd. 4. [REGISTRATION; INFORMATION REQUIRED.] (a) The
appointing authority of a newly established agency shall provide
the secretary with the following information:
(1) the name, mailing address, and telephone number of the
agency;
(2) the legal authority for the establishment of the agency
and the name and the title of the person or persons appointing
agency members;
(3) the powers and duties of the agency and whether the
agency, however designated, is best described by section 15.012,
paragraph (a), (b), (c), (e), or (f);
(4) the number of authorized members, together with any
prescribed restrictions on eligibility;
(5) the roster of current members, including mailing
addresses and telephone numbers;
(6) a breakdown of the membership showing distribution by
county, legislative district, and congressional district and
compliance with any restrictions listed in accordance with
clause (4);
(7) if any members have voluntarily provided the
information, the sex, age, political preference or lack of
preference, race, and national origin of those members;
(8) the dates of commencement and expiration of membership
terms and the expiration date of the agency, if any;
(9) the compensation of members and appropriations or other
money available to the agency;
(10) the name of the state agency or other entity, if any,
required to provide staff or administrative support to the
agency;
(11) the regular meeting schedule, if any, and the
approximate number of hours a month of meetings or other
activities required of members; and
(12) a brief statement of the goal or purpose of the
agency, along with a summary of what an existing agency has
done, or what a newly established agency plans to do to achieve
its goal or purpose.
(b) The chair of an existing agency shall provide
information, covering the fiscal year in which it is
registering, on the number of meetings it has held, its
expenses, and the number of staff hours, if any, devoted to its
support. The chair shall also, if necessary, update any of the
information previously provided in accordance with paragraph (a).
(c) The secretary shall provide forms for the reporting of
information required by this subdivision and may provide for
reporting by electronic means.
Subd. 5. [REPORTING BY SECRETARY.] By August 15 of each
year, the secretary shall furnish copies and a summary of the
information collected under subdivision 4 to the legislative
reference library.
Sec. 6. Minnesota Statutes 1993 Supplement, section
16B.61, subdivision 3, is amended to read:
Subd. 3. [SPECIAL REQUIREMENTS.] (a) [SPACE FOR COMMUTER
VANS.] The code must require that any parking ramp or other
parking facility constructed in accordance with the code include
an appropriate number of spaces suitable for the parking of
motor vehicles having a capacity of seven to 16 persons and
which are principally used to provide prearranged commuter
transportation of employees to or from their place of employment
or to or from a transit stop authorized by a local transit
authority.
(b) [SMOKE DETECTION DEVICES.] The code must require that
all dwellings, lodging houses, apartment houses, and hotels as
defined in section 299F.362 comply with the provisions of
section 299F.362.
(c) [DOORS IN NURSING HOMES AND HOSPITALS.] The state
building code may not require that each door entering a sleeping
or patient's room from a corridor in a nursing home or hospital
with an approved complete standard automatic fire extinguishing
system be constructed or maintained as self-closing or
automatically closing.
(d) [CHILD CARE FACILITIES IN CHURCHES; GROUND LEVEL
EXIT.] A licensed day care center serving fewer than 30
preschool age persons and which is located in a below ground
space in a church building is exempt from the state building
code requirement for a ground level exit when the center has
more than two stairways to the ground level and its exit.
(e) [CHILD CARE FACILITIES IN CHURCHES; VERTICAL ACCESS.]
Until August 1, 1996, an organization providing child care in an
existing church building which is exempt from taxation under
section 272.02, subdivision 1, clause (5), shall have five years
from the date of initial licensure under chapter 245A to provide
interior vertical access, such as an elevator, to persons with
disabilities as required by the state building code. To obtain
the extension, the organization providing child care must secure
a $2,500 performance bond with the commissioner of human
services to ensure that interior vertical access is achieved by
the agreed upon date.
(f) [FAMILY AND GROUP FAMILY DAY CARE.] The commissioner
of administration shall establish a task force to determine
occupancy standards specific and appropriate to family and group
family day care homes and to examine hindrances to establishing
day care facilities in rural Minnesota. The task force must
include representatives from rural and urban building code
inspectors, rural and urban fire code inspectors, rural and
urban county day care licensing units, rural and urban family
and group family day care providers and consumers, child care
advocacy groups, and the departments of administration, human
services, and public safety.
By January 1, 1989, the commissioner of administration
shall report the task force findings and recommendations to the
appropriate legislative committees together with proposals for
legislative action on the recommendations.
Until the legislature enacts legislation specifying
appropriate standards, the definition of Group R-3 occupancies
in the state building code applies to family and group family
day care homes licensed by the department of human services
under Minnesota Rules, chapter 9502.
(g) [MINED UNDERGROUND SPACE.] Nothing in the state
building codes shall prevent cities from adopting rules
governing the excavation, construction, reconstruction,
alteration, and repair of mined underground space pursuant to
sections 469.135 to 469.141, or of associated facilities in the
space once the space has been created, provided the intent of
the building code to establish reasonable safeguards for health,
safety, welfare, comfort, and security is maintained.
(h) [ENCLOSED STAIRWAYS.] No provision of the code or any
appendix chapter of the code may require stairways of existing
multiple dwelling buildings of two stories or less to be
enclosed.
(i) [DOUBLE CYLINDER DEAD BOLT LOCKS.] No provision of the
code or appendix chapter of the code may prohibit double
cylinder dead bolt locks in existing single-family homes,
townhouses, and first floor duplexes used exclusively as a
residential dwelling. Any recommendation or promotion of double
cylinder dead bolt locks must include a warning about their
potential fire danger and procedures to minimize the danger.
(j) [RELOCATED RESIDENTIAL BUILDINGS.] A residential
building relocated within or into a political subdivision of the
state need not comply with the state energy code or section
326.371 provided that, where available, an energy audit is
conducted on the relocated building.
(k) [AUTOMATIC GARAGE DOOR OPENING SYSTEMS.] The code must
require all residential buildings as defined in section 325F.82
to comply with the provisions of sections 325F.82 and 325F.83.
(l) [EXIT SIGN ILLUMINATION.] For a new building on which
construction is begun on or after October 1, 1993, or an
existing building on which remodeling affecting 50 percent or
more of the enclosed space is begun on or after October 1, 1993,
the code must prohibit the use of internally illuminated exit
signs whose electrical consumption during nonemergency operation
exceeds 20 watts of resistive power. All other requirements in
the code for exit signs must be complied with.
Sec. 7. Minnesota Statutes 1992, section 115A.072,
subdivision 1, is amended to read:
Subdivision 1. [WASTE EDUCATION COALITION.] (a) The office
shall provide for the development and implementation of a
program of general public education on waste management in
cooperation and coordination with the pollution control agency,
metropolitan council, department of education, department of
agriculture, environmental quality board, environmental
education board, educational institutions, other public agencies
with responsibility for waste management or public education,
and three other persons who represent private industry and who
have knowledge of or expertise in recycling and solid waste
management issues. The objectives of the program are to:
develop increased public awareness of and interest in
environmentally sound waste management methods; encourage better
informed decisions on waste management issues by business,
industry, local governments, and the public; and disseminate
practical information about ways in which households and other
institutions and organizations can improve the management of
waste.
(b) The office shall appoint an advisory task force, to be
called the waste education coalition, of up to 18 members to
advise the office in carrying out its responsibilities under
this section and whose membership represents the agencies and
entities listed in this subdivision. The task force expires on
June 30, 1997.
Sec. 8. Minnesota Statutes 1992, section 115A.12, is
amended to read:
115A.12 [ADVISORY COUNCILS.]
Subdivision 1. [SOLID AND HAZARDOUS WASTE MANAGEMENT.] (a)
The director shall establish a solid waste management advisory
council, a hazardous waste management planning council, and a
market development coordinating council, that are broadly
representative of the geographic areas and interests of the
state.
(b) The solid waste council shall have not less than nine
nor more than 21 members. The membership of the solid waste
council shall consist of one-third citizen representatives,
one-third representatives from local government units, and
one-third representatives from private solid waste management
firms. The solid waste council shall contain at least three
members experienced in the private recycling industry and at
least one member experienced in each of the following areas:
state and municipal finance; solid waste collection, processing,
and disposal; and solid waste reduction and resource recovery.
(c) The hazardous waste council shall have not less than
nine nor more than 18 members. The membership of the hazardous
waste advisory council shall consist of one-third citizen
representatives, one-third representatives from local government
units, and one-third representatives of hazardous waste
generators and private hazardous waste management firms.
(d) The market development coordinating council shall have
not less than nine nor more than 18 members and shall consist of
one representative from the department of trade and economic
development, the department of administration, the pollution
control agency, Minnesota Technology, Inc., the metropolitan
council, and the legislative commission on waste management.
The other members shall represent local government units,
private recycling markets, and private recycling collectors.
The market development coordinating council expires June 30,
1994 1997.
(e) The chairs of the advisory councils shall be appointed
by the director. The director shall provide administrative and
staff services for the advisory councils. The advisory councils
shall have such duties as are assigned by law or the director.
The solid waste advisory council shall make recommendations to
the office on its solid waste management activities. The
hazardous waste advisory council shall make recommendations to
the office on its activities under sections 115A.08, 115A.09,
115A.10, 115A.11, 115A.20, 115A.21, and 115A.24. Members of the
advisory councils shall serve without compensation but shall be
reimbursed for their reasonable expenses as determined by the
director. The solid waste management advisory council and the
hazardous waste management planning council expire June 30, 1994
1997.
Sec. 9. [REPEALER.]
Minnesota Statutes 1992, section 256.9751, subdivision 2,
is repealed.
Sec. 10. [EFFECTIVE DATE.]
Sections 1 to 5 are effective January 1, 1995. Sections 6
to 9 are effective the day following final enactment.
Presented to the governor April 20, 1994
Signed by the governor April 21, 1994, 12:07 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes