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Minnesota Legislature

Office of the Revisor of Statutes

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.