Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1995, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 254-S.F.No. 1678
An act relating to the organization and operation of
state government; appropriating money for the general
legislative and administrative expenses of state
government; providing for the transfer of certain
money in the state treasury; fixing and limiting the
amount of fees, penalties, and other costs to be
collected in certain cases; amending Minnesota
Statutes 1994, sections 3.85, subdivision 12; 3.9741,
subdivision 2, as amended; 3C.02, by adding a
subdivision; 7.09, subdivision 1; 8.16, by adding a
subdivision; 15.061; 15.415; 15.50, subdivision 2;
15.91, subdivision 2; 16A.11, by adding a subdivision;
16A.127, subdivision 8; 16A.129, subdivision 3;
16A.28, subdivisions 5 and 6; 16A.40; 16A.57; 16A.72;
16B.06, by adding a subdivision; 16B.17; 16B.19,
subdivisions 2 and 10; 16B.42, subdivision 3; 16B.59;
16B.60, subdivisions 1 and 4; 16B.61, subdivisions 1,
2, and 5; 16B.63, subdivision 3; 16B.65, subdivisions
1, 3, 4, and 7; 16B.67; 16B.70; 16B.75; 16B.88,
subdivisions 1, 2, 3, and 4; 16D.02, subdivision 6,
and by adding a subdivision; 16D.04, subdivisions 1
and 3; 16D.06; 16D.08, subdivision 2; 43A.27,
subdivisions 2 and 3; 115C.02, by adding a
subdivision; 115C.08, subdivisions 1, 2, and 4;
116G.15; 197.05; 240.155, subdivision 1; 240.24,
subdivision 3; 240A.08; 240A.09; 240A.10; 349.151,
subdivision 4b; 349A.02, subdivision 1; 349A.03, by
adding a subdivision; 349A.04; 349A.05; 349A.06,
subdivision 2; 349A.08, subdivisions 5 and 7; 349A.10,
by adding a subdivision; 349A.11; 349A.12, subdivision
4; 352.15, subdivision 3; 366.10; 366.12; 366.16;
394.33, subdivision 2; 394.361, subdivision 3;
462.358, subdivisions 2a, 2b, and 9; 462.359,
subdivision 4; and 491A.02, subdivision 4; Laws 1991,
chapter 235, article 5, section 3; proposing coding
for new law in Minnesota Statutes, chapters 3; 16A;
16B; 16D; and 43A; repealing Minnesota Statutes 1994,
sections 115C.02, subdivision 1a; 349A.01, subdivision
2; and 349A.02, subdivision 8.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
Section 1. [STATE GOVERNMENT APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another fund named, to
the agencies and for the purposes specified in this act, to be
available for the fiscal years indicated for each purpose. The
figures "1995," "1996," and "1997," where used in this act, mean
that the appropriation or appropriations listed under them are
available for the year ending June 30, 1995, June 30, 1996, or
June 30, 1997, respectively.
SUMMARY BY FUND
BIENNIAL
1995 1996 1997 TOTAL
General $790,000 $254,009,000 $254,050,000 $508,059,000
Local
Government Trust 431,000 431,000
State
Government
Special Revenue 10,360,000 10,491,000 20,851,000
Environmental 208,000 208,000 416,000
Landfill
Cleanup 75,000 75,000 150,000
Highway User 1,682,000 1,687,000 3,369,000
Trunk Highway 32,000 32,000 64,000
Workers'
Compensation 4,171,000 4,176,000 8,347,000
Computer Services 626,000 626,000 1,252,000
TOTAL $790,000 $271,594,000 $271,345,000 $542,939,000
APPROPRIATIONS
Available for the Year
Ending June 30
1996 1997
Sec. 2. LEGISLATURE
Subdivision 1. Total
Appropriation 47,776,000 50,296,000
Summary by Fund
General 47,744,000 50,264,000
Trunk Highway 32,000 32,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Senate 15,422,000 16,163,000
Subd. 3. House of Representatives 20,833,000 22,943,000
Subd. 4. Legislative
Coordinating Commission 11,521,000 11,190,000
Summary by Fund
General 11,489,000 11,158,000
Trunk Highway 32,000 32,000
$4,062,000 the first year and
$4,438,000 the second year are for the
office of the revisor of statutes.
$945,000 the first year and $945,000
the second year are for the legislative
reference library.
$4,400,000 the first year and
$4,294,000 the second year are for the
office of the legislative auditor.
$40,000 the first year of the
appropriation to the legislative
auditor is for the legislative auditor
to evaluate the statewide systems
project, if directed by the legislative
audit commission. The legislative
audit commission shall consider
directing the legislative auditor to
evaluate the computerized systems
developed as part of the statewide
systems project and determine the
extent to which the systems have saved
or are likely to save money in the
administrative functions of state
government, and recommend ways the
systems could be used to save money and
increase the productivity of the
administrative functions of state
government. The legislative auditor
should give particular but not
exclusive attention to the systems'
impacts on the administrative functions
of smaller organizations in state
government.
The legislative audit commission shall
consider directing the legislative
auditor to evaluate the administrative
functions of the small state agencies
and other small organizations in the
executive branch of state government,
such as boards and commissions, and
recommend ways those functions could be
provided more cost-effectively. The
commission shall give special
consideration to centralizing the human
resources, management complement, and
accounting functions of these small
organizations. A report of the
evaluation must be submitted to the
commission by October 1, 1995.
The legislative audit commission is
requested to consider directing the
legislative auditor to conduct a full
program evaluation of the department of
human rights in calendar year 1995.
$20,000 the first year and $10,000 the
second year are for the legislative
coordinating commission to contract for
needed services to ensure that sign
language interpreter services are
available at all times during the
legislative sessions.
Subd. 5. Compensation Council
The salary increases recommended by the
compensation council on April 1, 1995,
for legislators, constitutional
officers, and judges may not take
effect unless ratified or approved as
modified by another bill enacted by the
1995 legislature.
Sec. 3. GOVERNOR AND
LIEUTENANT GOVERNOR 3,507,000 3,504,000
This appropriation is to fund the
offices of the governor and lieutenant
governor.
$19,000 the first year and $19,000 the
second year are for necessary expenses
in the normal performance of the
governor's and lieutenant governor's
duties for which no other reimbursement
is provided.
$97,000 the first year and $97,000 the
second year are for membership dues of
the National Governors Association.
$20,000 the first year and $20,000 the
second year are for the Council of
Great Lakes Governors.
The commissioner of finance shall
report to the chairs of the state
government finance division of the
senate and the state government finance
division of the house of
representatives any personnel costs
incurred by the office of the governor
and the lieutenant governor that were
supported by appropriations to other
agencies during the previous fiscal
year. The office of the governor shall
inform the chairs of the divisions
before initiating any interagency
agreements.
Sec. 4. STATE AUDITOR 7,136,000 7,144,000
Sec. 5. STATE TREASURER 2,477,000 2,478,000
$1,600,000 the first year and
$1,600,000 the second year are for the
treasurer to pay for banking services
by fees rather than by compensating
balances.
Sec. 6. ATTORNEY GENERAL
Subdivision 1. Total
Appropriation 24,408,000 22,499,000
Summary by Fund
General 22,589,000 20,678,000
State Government
Special Revenue 1,628,000 1,630,000
Environmental 116,000 116,000
Landfill Cleanup 75,000 75,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Government Services
4,358,000 4,371,000
Summary by Fund
General 2,730,000 2,741,000
State Government
Special Revenue 1,628,000 1,630,000
Subd. 3. Public and
Human Resources
3,316,000 3,335,000
Summary by Fund
General 3,241,000 3,260,000
Landfill Cleanup 75,000 75,000
Subd. 4. Law Enforcement
4,060,000 4,079,000
Summary by Fund
General 3,944,000 3,963,000
Environmental 116,000 116,000
Subd. 5. Legal Policy and
Administration
5,760,000 3,760,000
Subd. 6. Business Regulation
3,509,000 3,528,000
Subd. 7. Solicitor General
3,405,000 3,426,000
Sec. 7. ETHICAL PRACTICES BOARD 441,000 446,000
Sec. 8. INVESTMENT BOARD 2,092,000 2,093,000
$40,000 each year is for local relief
association account management.
Sec. 9. ADMINISTRATIVE HEARINGS 3,946,000 3,826,000
This appropriation is from the workers'
compensation special compensation fund
for considering workers' compensation
claims.
$100,000 the first year and $100,000
the second year are for an internship
program in which students at Minnesota
law schools will serve as law clerks
for judges in the workers' compensation
division.
$180,000 the first year and $180,000
the second year are for additional
clerical support for workers'
compensation judges.
$125,000 the first year is for a mapper
board calendaring system.
Sec. 10. OFFICE OF STRATEGIC
AND LONG-RANGE PLANNING 3,943,000 3,917,000
$1,026,000 the first year and
$1,027,000 the second year are for the
land management information center.
Sec. 11. ADMINISTRATION
Subdivision 1. Total
Appropriation 29,231,000 29,145,000
Summary by Fund
General 20,238,000 20,148,000
State Government
Special Revenue 8,367,000 8,371,000
Computer Services 626,000 626,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Operations Management
3,358,000 3,323,000
The house and senate governmental
operations committees shall study and
report to the legislature by January
15, 1996, on the desirability of
leasing versus purchasing state
vehicles, and on maintenance costs for
vehicles under the current system. If
the study finds that it would be
desirable, during the year ending June
30, 1997, the central motor pool shall
not purchase any new vehicles and shall
not sell any vehicles with less than
100,000 miles.
Subd. 3. Intertechnologies Group
7,778,000 7,768,000
Summary by Fund
General 727,000 717,000
State Government
Special Revenue 6,425,000 6,425,000
Computer Services 626,000 626,000
The appropriation from the special
revenue fund is for recurring costs of
911 emergency telephone service.
$100,000 the first year and $90,000 the
second year are for transfer to the
commissioner of human services to add
an aging accounts payable module to the
Medicaid management information system.
Subd. 4. Facilities Management
10,198,000 10,225,000
Summary by Fund
General 8,318,000 8,341,000
State Government
Special Revenue 1,880,000 1,884,000
$4,850,000 the first year and
$4,882,000 the second year are for
office space costs of the legislature
and veterans organizations, for
ceremonial space, and for statutorily
free space.
The appropriation from the special
revenue fund is from building code
surcharge receipts for operation of the
building codes and standards division.
In addition, building code surcharge
and fee receipts of more than
$2,900,000 the first year and
$2,900,000 the second year are
appropriated from the special revenue
fund to the commissioner of
administration for the building codes
and standards division.
$150,000 the first year and $150,000
the second year from the special
revenue fund is for transfer by the
commissioner of finance to the general
fund.
The commissioner shall review the
Uniform Code for Building Conservation,
and report to the legislature by
January 15, 1996, on legislation or
rules needed to implement this code in
a manner that is consistent with the
state building code.
$20,000 the first year is to clean,
refit, and rehabilitate the statue of
Leif Erikson on the grounds of the
state capitol.
Notwithstanding any law to the
contrary, if the facility is accessible
to disabled people, the Prairie Lakes
Juvenile Detention Center need not
install an elevator.
This appropriation includes money to
pay increased rental costs incurred by
the board of the arts.
Subd. 5. Administrative Management
2,211,000 2,216,000
Summary by Fund
General 2,149,000 2,154,000
State Government
Special Revenue 62,000 62,000
$2,000 the first year and $2,000 the
second year are for the state
employees' band.
$62,000 each year to the commissioner
of administration is to be used for
processing and oversight of grants and
allocations in the oil overcharge
program. This appropriation is from
oil overcharge money, as defined in
Minnesota Statutes, section 4.071, in
the special revenue fund.
The targeted group purchasing study
required by Minnesota Statutes, section
16B.19, subdivision 2b, need not be
completed during the biennium ending
June 30, 1997.
Subd. 6. Information Policy Office
1,977,000 1,903,000
$25,000 the first year and $100,000 the
second year for the government
information access council is available
only as matched, dollar for dollar, by
contributions from nonstate sources.
The information policy office, with the
advice of the attorney general, shall
monitor all computer systems
development projects conducted by state
agencies to assure that full
performance of contract requirements is
achieved and that any remedies provided
in such contracts for nonperformance or
inadequate performance are fully
pursued. The information policy office
and the attorney general shall report
to the legislature by January 15, 1996,
on performance of contract requirements
related to large systems such as the
statewide systems project, and
Minnesota Medicaid Management
Information System, and the information
systems related to drivers' licenses.
Subd. 7. Management Analysis
565,000 566,000
Subd. 8. Public Broadcasting
3,054,000 3,054,000
$1,450,000 the first year and
$1,450,000 the second year are for
matching grants for public television.
Public television grant recipients
shall give special emphasis to
children's programming. In addition,
public television grant recipients
shall promote program and outreach
initiatives that attempt to reduce
youth violence in our communities.
$600,000 the first year and $600,000
the second year are for public
television equipment needs. Equipment
grant allocations shall be made after
considering the recommendations of the
Minnesota public television association.
$320,000 the first year and $320,000
the second year are for community
service grants to public educational
radio stations, which must be allocated
after considering the recommendations
of the Association of Minnesota Public
Educational Radio Stations under
Minnesota Statutes, section 129D.14.
$494,000 the first year and $494,000
the second year are for equipment
grants to public radio stations. These
grants must be allocated after
considering the recommendations of the
Association of Minnesota Public
Educational Radio Stations and
Minnesota Public Radio, Inc.
$15,000 each year is for a grant to the
association of Minnesota public
education radio stations for station
KMOJ. This money may be used for
equipment.
$150,000 the first year and $150,000
the second year are for public
information television transmission of
legislative activities. At least
one-half must go for programming to be
broadcast in rural Minnesota.
$25,000 the first year and $25,000 the
second year are for grants to the Twin
Cities regional cable channel.
If an appropriation for either year for
grants to public television or radio
stations is not sufficient, the
appropriation for the other year is
available for it.
Subd. 9. Children's Museum
90,000 90,000
This appropriation is for a grant to
the Minnesota Children's Museum.
Sec. 12. INTERGOVERNMENTAL INFORMATION
SYSTEMS ADVISORY COUNCIL 186,000 187,000
These amounts must be subtracted from
the amount that would otherwise be
payable to local government aid under
Minnesota Statutes, chapter 477A, in
order to fund the intergovernmental
information systems advisory council.
The appropriation for a local
government financial reporting system
in Laws 1994, chapter 587, article 3,
section 3, clause (5), is available
until expended.
Sec. 13. CAPITOL AREA ARCHITECTURAL
AND PLANNING BOARD 358,000 262,000
$50,000 the first year is for predesign
and design of a Minnesota Korean war
veterans' memorial on the capitol
grounds. This appropriation is
available until expended. In creating
the memorial, the board may accept
money from nonstate sources. The board
shall select a site for the memorial
and conduct a selection process to
award the contracts for design and
construction of the memorial.
$50,000 the first year is to maintain
the police and peace officers memorial
on the capitol mall. This
appropriation is available until spent.
The capitol area architectural and
planning board shall provide a
preliminary planning and programming
report for a human development center
in or near the capitol area of St.
Paul. The planning and studies must be
done in collaboration with the city of
St. Paul foundations including, but not
limited to, the Minnesota Education
Foundation, the private sector, and
appropriate state departments
including, but not limited to,
administration, health, education, and
human services. The focus of the
center will be on the development of
the human person. The center is
intended to serve as a research and
demonstration center and will be the
result of a partnership between the
public and private sector. The board
shall report the results of its studies
to the governor and legislature no
later than December 15, 1996.
Sec. 14. FINANCE
Subdivision 1. Total
Appropriation 20,583,000 20,651,000
Summary by Fund
General 20,478,000 20,651,000
Local Government
Trust 105,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Accounting Services
3,986,000 4,003,000
Subd. 3. Accounts Receivable
Operations
4,327,000 3,577,000
$600,000 the first year is for
modification and enhancement of the
accounts receivable system.
The commissioner of finance may
transfer money, as deemed necessary, to
other state agencies participating in
the accounts receivable project.
$175,000 the first year and $25,000 the
second year are for the debt collection
pilot program in article 5, section 16.
During the biennium ending June 30,
1997, to the extent feasible and
cost-effective, any new jobs created in
the debt collections entity must be
located in a county in greater
Minnesota that had a population loss of
five percent or more between the 1980
and 1990 census.
Subd. 4. Budget Services
2,026,000 2,026,000
Summary by Fund
General 1,921,000 2,026,000
Local Government
Trust 105,000
Subd. 5. Economic Analysis
299,000 308,000
Subd. 6. Information Services
8,920,000 9,643,000
Subd. 7. Management Services
1,525,000 1,594,000
Subd. 8. General Reduction
(500,000) (500,000)
The commissioner of finance shall make
reductions of $1,000,000 from programs
funded in this section. The reductions
may be made in either year of the
biennium.* (The preceding portion of
subdivision 8 beginning "Subd. 8." was
vetoed by the governor.)
If federal funding for programs is
reduced or eliminated during the
biennium ending June 30, 1997, the
commissioner shall ensure to the extent
possible that the costs of reducing or
terminating the programs supported by
those funds are paid by federal funds.
Sec. 15. EMPLOYEE RELATIONS
Subdivision 1. Total
Appropriation 7,726,000 7,731,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Human Resources
Management
6,894,000 6,899,000
$325,000 each year is for a one-time
redesign of the state's human resources
programs, processes and policies,
including, but not limited to,
improving the employee performance
management process, recruitment and
hiring, retraining and deployment
capabilities, and classification of
state positions.
$190,000 the first year and $185,000
the second year are to expand and
target state workforce diversity
efforts. These funds are to support
expanded, dedicated functions serving
protected groups in obtaining and
retaining state employment, and secure
greater opportunities for advancement
within state employment ranks for
under-represented groups. The
commissioner must allocate these funds
exclusively to the purposes described
in the diversity-related budget
initiative in the governor's proposed
biennial budget for the department of
employee relations for the biennium
ending June 30, 1997. The 1996 and
1998 performance reports prepared by
the commissioner under Minnesota
Statutes, sections 15.90 to 15.92, must
contain a separate section presenting
the agency's activities and the
outcomes attributable to implementation
of the diversity functions expanded or
improved pursuant to this
appropriation. The commissioner of
finance shall include these amounts
when determining the base appropriation
level for the department of employee
relations for the biennium ending June
30, 1999.
Any unexpended balance on June 30,
1995, from the appropriations in Laws
1993, chapter 192, section 18,
subdivision 2, for implementation of
human resources management projects
does not cancel but is available for
expenditure in the 1996-1997 biennium.
This appropriation includes money for a
grant each year to the government
training service.
$75,000 the first year and $75,000 the
second year are for the Minnesota
quality college created by new
Minnesota Statutes, section 43A.211.
In order to maximize delivery of
services to the public, if layoffs of
state employees as defined in Minnesota
Statutes, chapter 43A, are necessary
during the biennium ending June 30,
1997, each agency with more than 50
full-time equivalent employees must
reduce at least the same percentage of
management and supervisory personnel as
line and support personnel.
If a state agency is to be abolished,
the classified positions of the agency
to be abolished with its incumbent
employees shall be transferred as
provided by Minnesota Statutes, section
15.039, subdivision 7. The
commissioner of employee relations
shall assist agencies and bargaining
units to reach agreements that provide
options to layoff for affected
employees in accordance with Minnesota
Statutes, section 43A.045, as
interpreted by collective bargaining
agreements.
State agencies must demonstrate that
they cannot use available staff before
hiring outside consultants or
services. As state agencies implement
reductions in their operating budgets
in the biennium ending June 30, 1997,
agencies shall give priority to
reducing spending on professional and
technical contracts before laying off
permanent employees. Agencies must
report on the specific manner in which
this directive is implemented to the
senate finance and house ways and means
committees by February 1, 1996, and
February 1, 1997. Where outside
consultants and services are necessary,
agencies are encouraged to negotiate
contracts that will involve permanent
staff so as to upgrade and maximize
training of state personnel. Money
spent on outside professional,
technical, and computer service
consultants must be reported by
February 1, 1997, to the senate finance
and house of representatives ways and
means committees.
During the biennium ending June 30,
1997, no two federated funding
campaigns that are related
organizations, as defined in Minnesota
Statutes, section 317A.011, subdivision
18, may be registered to participate in
the state employee combined charitable
campaign.
Subd. 3. Employee Insurance
832,000 832,000
$104,000 the first year and $104,000
the second year from the general fund
are for the right-to-know contracts
administered through the employee
insurance division.
$728,000 the first year and $728,000
the second year from the general fund
are for workers' compensation
reinsurance premiums. If the
appropriation for either year is
insufficient, the appropriation for the
other year is available.
The commissioner of finance shall
transfer in the second year of the
biennium $2,000,000 from the public
employees' insurance program account
within the employee benefits internal
service fund to the general fund.
During the biennium ending June 30,
1997, the commissioner shall continue
the health promotion and disease
prevention program for state employees
initiated in fiscal year 1994.
Sec. 16. REVENUE
Subdivision 1. Total
Appropriation 75,904,000 74,975,000
Summary by Fund
General 73,804,000 73,196,000
Local Government
Trust 326,000
Highway User 1,682,000 1,687,000
Environmental 92,000 92,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Income Tax
12,802,000 11,502,000
$1,300,000 in fiscal year 1996 is for
payment of overtime to experienced
corporate audit staff to complete
processing of bank refund claims, and
to add temporary positions to perform
duties of personnel who have been
diverted to other duties associated
with bank refund claims. Expenditures
and collections associated with this
appropriation must be reported
separately. This amount is available
until June 30, 1997, and must not be
included in the budget base for the
biennium ending June 30, 1999.
Subd. 3. Sales and Special Taxes
13,200,000 13,205,000
Summary by Fund
General 11,347,000 11,426,000
Local Government
Trust 79,000 -0-
Highway User 1,682,000 1,687,000
Environmental 92,000 92,000
Subd. 4. Property Tax and State Aids
2,880,000 2,880,000
Summary by Fund
General 2,855,000 2,880,000
Local Government
Trust 25,000 -0-
$75,000 the first year and $75,000 the
second year must be subtracted from the
total taconite production tax revenues
distributed to local units of
government. These amounts shall be
credited to the general fund and
appropriated to the department of
revenue for the costs and expenses
incurred by the department in
collecting and distributing taconite
production tax revenues.
Subd. 5. Tax Operations
32,213,000 32,213,000
Summary by Fund
General 32,030,000 32,213,000
Local Government
Trust 183,000 -0-
During the biennium ending June 30,
1997, the commissioner shall not spend
more money to enforce the unfair
cigarette sales laws than the revenue
derived from fees imposed under the law.
Subd. 6. Legal and Research
3,728,000 3,728,000
Summary by Fund
General 3,689,000 3,728,000
Local Government
Trust 39,000 -0-
Subd. 7. Administrative Support
11,431,000 11,847,000
Subd. 8. General Reduction
(350,000) (400,000)
The commissioner shall allocate the
general reduction among the
department's programs.
Sec. 17. AMATEUR SPORTS
COMMISSION 1,938,000 1,942,000
(a) $45,000 each year is for the
following purposes:
(1) Target Center programming; and
(2) development of more amateur sports
opportunities for women, girls,
seniors, inner-city youth, and athletes
with special needs.
The amateur sports commission must work
with staff of the city of Minneapolis
and the metropolitan sports facilities
commission to: research Minnesota's
capabilities to attract local,
national, and international amateur
events; meet with appropriate national
amateur sports governing bodies and
Olympic officials on a regular basis;
and create new grassroots events; all
of which will have a favorable economic
impact on the state.
(b) Of this appropriation:
(1) $1,226,000 the first year and
$1,227,000 the second year are for
grants for ice centers, under Minnesota
Statutes, section 240A.09, of up to
$250,000 each;
(2) $200,000 each year is for
renovation grants for existing ice
arenas; and
(3) $11,000 each year is for ice arena
technical assistance.
Sec. 18. HUMAN RIGHTS
Subdivision 1. Total
Appropriation 3,446,000 3,263,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Contract Compliance
370,000 370,000
Subd. 3. Complaint Processing
2,214,000 2,220,000
Subd. 4. Management Services
862,000 673,000
Sec. 19. MILITARY AFFAIRS
Subdivision 1. Total
Appropriation 9,337,000 9,416,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Maintenance of Training
Facilities
5,431,000 5,497,000
The appropriation for planning and
remodeling grants for 12 armories
scheduled to be sold or disposed of
pursuant to Laws 1992, chapter 511,
article 2, section 50, is available
until June 30, 1997.
Any unexpended and unencumbered
appropriation for the biennium ending
June 30, 1995, for the tuition
reimbursement program does not cancel,
but is carried forward and may be used
to pay assessments due to the cities of
New Brighton, Montevideo, Park Rapids,
and Rosemount.
Subd. 3. General Support
1,555,000 1,568,000
$75,000 the first year and $75,000 the
second year are for expenses of
military forces ordered to active duty
under Minnesota Statutes, chapter 192.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Subd. 4. Enlistment Incentives
2,351,000 2,351,000
Obligations for the reenlistment bonus
program, suspended on December 31,
1991, shall be paid from the amounts
available within the enlistment
incentives program.
If appropriations for either year of
the biennium are insufficient, the
appropriation from the other year is
available. The appropriations for
enlistment incentives are available
until expended.
Sec. 20. VETERANS AFFAIRS 3,832,000 3,820,000
$230,000 the first year and $230,000
the second year are for grants to
county veterans offices for training of
county veterans service officers.
$1,544,000 the first year and
$1,544,000 the second year are for
emergency financial and medical needs
of veterans. If the appropriation for
either year is insufficient, the
appropriation for the other year is
available for it.
With the approval of the commissioner
of finance, the commissioner of
veterans affairs may transfer the
unencumbered balance from the veterans
relief program to other department
programs during the fiscal year. The
commissioner of veterans affairs shall
provide background information
explaining why the unencumbered balance
exists. The amounts transferred must
be identified to the chairs of the
senate finance committee division on
state government and the house
governmental operations and gambling
committee division on state government
finance.
$250,000 the first year and $250,000
the second year are for a grant to the
Vinland National Center.
$16,200 is to be used to make a
contribution toward the women in
military service memorial at the
entrance to Arlington National Cemetery.
$30,000 is to fund a program of the
Minnesota state council of the Vietnam
Veterans of America to assist Vietnam
veterans and Vietnam-era veterans in
the preparation and presentation of
their claims to the United States
government for compensation and other
benefits to which they are entitled as
a result of disabilities incurred in
military service. This appropriation
may not be used for membership
recruitment. This appropriation is
available until June 30, 1997.
Sec. 21. VETERANS OF FOREIGN
WARS 41,000 41,000
For carrying out the provisions of Laws
1945, chapter 455.
Sec. 22. MILITARY ORDER OF
THE PURPLE HEART 20,000 20,000
Sec. 23. DISABLED AMERICAN VETERANS 12,000 12,000
For carrying out the provisions of Laws
1941, chapter 425.
Sec. 24. LAWFUL GAMBLING
CONTROL 2,081,000 2,039,000
If the amount of unclaimed prize money
in the lottery prize fund during fiscal
year 1996 exceeds $5,000,000, 60
percent of the excess that is not added
to prize pools of subsequent games is
appropriated in fiscal year 1997 to the
gambling control board for information
systems. The amount appropriated under
this paragraph may not exceed $650,000.
Sec. 25. RACING COMMISSION 370,000 370,000
Sec. 26. STATE LOTTERY
The director of the state lottery shall
reimburse the general fund $150,000 the
first year and $150,000 the second year
for lottery-related costs incurred by
the department of public safety.
The director of the state lottery shall
reimburse the general fund $540,000 the
first year and $540,000 the second year
for amounts appropriated from the
general fund to the commissioner of
human services for compulsive gambling
hotline services, outpatient treatment
services, felony screening, and
compulsive gambling youth education.
Sec. 27. GENERAL CONTINGENT
ACCOUNTS 500,000 500,000
Summary by Fund
General 150,000 150,000
State Government
Special Revenue 250,000 250,000
Workers' Compensation 100,000 100,000
The appropriations in this section must
be spent with the approval of the
governor after consultation with the
legislative advisory commission under
Minnesota Statutes, section 3.30.
If an appropriation in this section for
either year is insufficient, the
appropriation for the other year is
available for it.
The special revenue appropriation is
available to be transferred to the
attorney general when the costs to
provide legal services to the health
boards exceed the biennial
appropriation to the attorney general
from the special revenue fund. The
boards receiving the additional
services shall set their fees to cover
the costs.
Sec. 28. TORT CLAIMS 300,000 275,000
To be spent by the commissioner of
finance.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Sec. 29. MINNESOTA STATE
RETIREMENT SYSTEM 2,158,000 2,158,000
The amounts estimated to be needed for
each program are as follows:
(a) Legislators
1,993,000 1,993,000
Under Minnesota Statutes, sections
3A.03, subdivision 2; 3A.04,
subdivisions 3 and 4; and 3A.11.
(b) Constitutional Officers
165,000 165,000
Under Minnesota Statutes, sections
352C.031, subdivision 5; 352C.04,
subdivision 3; and 352C.09, subdivision
2.
If an appropriation in this section for
either year is insufficient, the
appropriation for the other year is
available for it.
Sec. 30. MINNEAPOLIS EMPLOYEES
RETIREMENT FUND 11,005,000 11,005,000
$10,455,000 the first year and
$10,455,000 the second year are to the
commissioner of finance for payment to
the Minneapolis employees retirement
fund under Minnesota Statutes, section
422A.101, subdivision 3. Payment must
be made in four equal installments,
March 15, July 15, September 15, and
November 15, each year.
$550,000 the first year and $550,000
the second year are to the commissioner
of finance for payment to the
Minneapolis employees retirement fund
for the supplemental benefit for
pre-1973 retirees under Minnesota
Statutes, section 356.865.
Sec. 31. POLICE AND FIRE
AMORTIZATION AID 6,420,000 6,420,000
$5,020,000 the first year and
$5,020,000 the second year are to the
commissioner of revenue for state aid
to amortize the unfunded liability of
local police and salaried firefighters'
relief associations, under Minnesota
Statutes, section 423A.02.
$1,000,000 the first year and
$1,000,000 the second year are to the
commissioner of revenue for
supplemental state aid to amortize the
unfunded liability of local police and
salaried firefighters' relief
associations under Minnesota Statutes,
section 423A.02, subdivision 1a.
$400,000 the first year and $400,000
the second year are to the commissioner
of revenue to pay reimbursements to
relief associations for firefighter
supplemental benefits paid under
Minnesota Statutes, section 424A.10.
Sec. 32. SMALL AGENCY
SUPPLEMENT 420,000 910,000
Summary by Fund
General 180,000 420,000
State Government
Special Revenue 115,000 240,000
Workers'
Compensation 125,000 250,000
This appropriation is available in
either year of the biennium. During
the biennium the commissioner shall
transfer the necessary dollars to the
small agency accounts, as determined by
the commissioner of finance, to cover
the costs of the collective bargaining
agreement.
The commissioner shall report to the
chair of the ways and means committee
of the house of representatives and the
chair of the finance committee of the
senate on the transfers made under
these provisions.
Sec. 33. SALARY SUPPLEMENT
The commissioner of finance, in
conjunction with the commissioner of
employee relations may transfer dollars
from unallocated balances within each
of the following funds to individual
agencies to cover the cost of
collective bargaining agreements
governing employees whose salaries are
paid from those funds: state
government special revenue, health care
access, trunk highway, highway user,
state airport, game and fish, natural
resources, workers' compensation
special, environmental, and special
revenue. The amounts necessary for
these transfers are appropriated from
each fund. The amount appropriated
from each fund must be used only to pay
an increase from that fund in the same
percentage that each employee's
compensation is paid from that fund.
The commissioner of finance shall
report to the chair of the ways and
means committee of the house of
representatives and the chair of the
finance committee of the senate by
December 31, 1995, on the transfers
made under these provisions.
Sec. 34. ATTORNEY GENERAL; MILLE LACS
TREATY LITIGATION
$790,000 in fiscal year 1995 is added
to the appropriation in Laws 1993,
chapter 192, section 11, subdivision 3,
for the unanticipated expenses of the
Mille Lacs and Fond du Lac treaty
litigation efforts.
Sec. 35. [3.225] [PROFESSIONAL AND TECHNICAL SERVICE
CONTRACTS.]
Subdivision 1. [APPLICATION.] This section applies to a
contract for professional or technical services entered into by
the house of representatives, the senate, the legislative
coordinating commission, or any group under the jurisdiction of
the legislative coordinating commission. For purposes of this
section, "professional or technical services" contract has the
meaning defined in section 16B.17.
Subd. 2. [REQUIREMENTS FOR ALL CONTRACTS.] Before entering
into a contract for professional or technical services, the
contracting entity must determine that:
(1) all provisions of section 16B.19, subdivision 2, have
been verified or complied with;
(2) the work to be performed under the contract is
necessary to the entity's achievement of its responsibilities;
(3) the contract will not establish an employment
relationship between the state or the entity and any persons
performing under the contract;
(4) no current legislative employees will engage in the
performance of the contract;
(5) no state agency has previously performed or contracted
for the performance of tasks which would be substantially
duplicated under the proposed contract;
(6) the contracting entity has specified a satisfactory
method of evaluating and using the results of the work to be
performed; and
(7) the combined contract and amendments will not extend
for more than five years.
Subd. 3. [CONTRACTS OVER $5,000.] Before an entity may
seek to enter into a professional or technical services contract
valued in excess of $5,000, it must determine that:
(1) no current legislative employee is able and available
to perform the services called for by the contract;
(2) reasonable efforts were made to publicize the
availability of the contract to the public;
(3) the entity has received, reviewed, and accepted a
detailed work plan from the contractor for performance under the
contract; and
(4) the entity has developed, and fully intends to
implement, a written plan providing for: the assignment of
personnel to a monitoring and liaison function; the periodic
review of interim reports or other indications of past
performance; and the ultimate utilization of the final product
of the services.
Subd. 4. [RENEWALS.] The renewal of a professional or
technical service contract must comply with all requirements,
including notice, applicable to the original contract. A
renewal contract must be identified as such. All notices and
reports on a renewal contract must state the date of the
original contract and the amount previously paid under the
contract.
Subd. 5. [REPORTS.] (a) The house of representatives, the
senate, and the legislative coordinating commission shall submit
to the legislative reference library a monthly listing of all
contracts for professional or technical services executed in the
preceding month. The report must identify the parties and the
contract amount, duration, and tasks to be performed.
(b) The monthly report must:
(1) be sorted by contracting entity and by contractor;
(2) show the aggregate value of contracts issued by each
agency and issued to each contractor;
(3) distinguish between contracts that are being issued for
the first time and contracts that are being renewed;
(4) state the termination date of each contract; and
(5) categorize contracts according to subject matter,
including topics such as contracts for training, contracts for
research and opinions, and contracts for computer systems.
(c) Within 30 days of final completion of a contract over
$40,000 covered by this subdivision, the chief executive of the
entity entering into the contract must file a one-page
performance report with the legislative reference library. The
report must:
(1) summarize the purpose of the contract, including why it
was necessary to enter into a contract;
(2) state the amount spent on the contract; and
(3) explain why this amount was a cost-effective way to
enable the entity to provide its services or products better or
more efficiently.
Subd. 6. [CONTRACT TERMS.] (a) A professional or technical
services contract must by its terms permit the contracting
entity to unilaterally terminate the contract prior to
completion, upon payment of just compensation, if the entity
determines that further performance under the contract would not
serve entity purposes. If the final product of the contract is
a written report, a copy must be filed with the legislative
reference library.
(b) The terms of a contract must provide that no more than
90 percent of the amount due under the contract may be paid
until the final product has been reviewed by the person entering
into the contract on behalf of the contracting entity, and that
person has certified that the contractor has satisfactorily
fulfilled the terms of the contract.
Sec. 36. Minnesota Statutes 1994, section 3.85,
subdivision 12, is amended to read:
Subd. 12. [ALLOCATION OF ACTUARIAL COST.] (a) The
commission shall assess each retirement plan specified in
subdivision 11, paragraph (b), for a portion of the compensation
paid to the actuary retained by the commission for the actuarial
valuation calculations and quadrennial experience studies. The
assessment is 72 100 percent of the amount of contract
compensation for the actuarial consulting firm retained by the
commission for actuarial valuation calculations, including the
public employees police and fire plan consolidation accounts of
the public employees retirement association, annual experience
data collection and processing, and quadrennial experience
studies.
The portion of the total assessment payable by each
retirement system or pension plan must be determined as follows:
(1) Each pension plan specified in subdivision 11,
paragraph (b), clauses (1) to (14), must pay the following
indexed amount based on its total active, deferred, inactive,
and benefit recipient membership:
up to 2,000 members, inclusive $2.55 per member
2,001 through 10,000 members $1.13 per member
over 10,000 members $0.11 per member
The amount specified is applicable for the assessment of
the July 1, 1991, to June 30, 1992, fiscal year actuarial
compensation amounts. For the July 1, 1992, to June 30, 1993,
fiscal year and subsequent fiscal year actuarial compensation
amounts, the amount specified must be increased at the same
percentage increase rate as the implicit price deflator for
state and local government purchases of goods and services for
the 12-month period ending with the first quarter of the
calendar year following the completion date for the actuarial
valuation calculations, as published by the federal Department
of Commerce, and rounded upward to the nearest full cent.
(2) The total per-member portion of the allocation must be
determined, and that total per-member amount must be subtracted
from the total amount for allocation. Of the remainder dollar
amount, the following per-retirement system and per-pension plan
charges must be determined and the charges must be paid by the
system or plan:
(i) 37.87 percent is the total additional per-retirement
system charge, of which one-seventh must be paid by each
retirement system specified in subdivision 11, paragraph (b),
clauses (1), (2), (6), (7), (9), (10), and (11).
(ii) 62.13 percent is the total additional per-pension plan
charge, of which one-thirteenth must be paid by each pension
plan specified in subdivision 11, paragraph (b), clauses (1) to
(13), if there are not any participants in the plan specified in
subdivision 11, paragraph (b), clause (14), or of which
one-fourteenth must be paid by each pension plan specified in
subdivision 11, paragraph (b), clauses (1) to (14), if there are
participants in the plan specified in subdivision 11, paragraph
(b), clause (14).
(b) The assessment must be made following the completion of
the actuarial valuation calculations and the experience
analysis. The amount of the assessment is appropriated from the
retirement fund applicable to the retirement plan. Receipts
from assessments must be deposited in the state treasury and
credited to the general fund.
Sec. 37. Minnesota Statutes 1994, section 3.9741,
subdivision 2, as amended by Laws 1995, chapter 212, article 4,
section 1, is amended to read:
Subd. 2. [POST-SECONDARY EDUCATION BOARD.] The legislative
auditor may enter into an interagency agreement with the board
of trustees of the Minnesota state colleges and universities to
conduct financial audits, in addition to audits conducted under
section 3.972, subdivision 2. All payments received for audits
requested by the board shall be paid added to the appropriation
for the legislative auditor's account and need not be deposited
in the general fund auditor.
Sec. 38. Minnesota Statutes 1994, section 3C.02, is
amended by adding a subdivision to read:
Subd. 6. A contract for professional or technical services
that is valued at more than $50,000 may be made only after the
revisor has consulted with the legislative coordinating
commission. The contract is subject to its recommendation as
provided by section 3C.10, subdivision 3, for a printing
contract.
Sec. 39. Minnesota Statutes 1994, section 7.09,
subdivision 1, is amended to read:
Subdivision 1. [PROCEDURE.] The state treasurer is
authorized to receive and accept, on behalf of the state, any
gift, bequest, devise, or endowment which may be made by any
person, by will, deed, gift, or otherwise, to or for the benefit
of the state, or any of its departments or agencies, or to or in
aid, or for the benefit, support, or maintenance of any
educational, charitable, or other institution maintained in
whole or in part by the state, or for the benefit of students,
employees, or inmates thereof, or for any proper state purpose
or function, and the money, property, or funds constituting such
gift, bequest, devise, or endowment. No such gift, bequest,
devise, or endowment whose value is equal to or exceeds $10,000
shall be so accepted unless the commissioner of finance and the
state treasurer shall determine that it is for the interest of
the state to accept it, and shall approve of and direct the
acceptance. If the value is less than $10,000, only the state
treasurer need determine that it is for the interest of the
state to accept it, and approve of and direct the acceptance.
When, in order to effect the purpose for which any gift,
bequest, devise, or endowment has been accepted, it is necessary
to sell property so received, the state treasurer, upon request
of the authority in charge of the agency, department, or
institution concerned, may sell it at a price which shall be
fixed by the state board of investment.
Sec. 40. Minnesota Statutes 1994, section 15.061, is
amended to read:
15.061 [CONSULTANT, PROFESSIONAL AND OR TECHNICAL
SERVICES.]
Pursuant to the provisions of In accordance with section
16B.17, the head of a state department or agency may, with the
approval of the commissioner of administration, contract
for consultant services and professional and or technical
services in connection with the operation of the department or
agency. A contract negotiated under this section shall is not
be subject to the competitive bidding requirements of chapter 16
16B.
Sec. 41. Minnesota Statutes 1994, section 15.415, is
amended to read:
15.415 [CORRECTIONS IN TRANSACTIONS, WAIVER.]
In any instance where a correction concerning any state
department or agency transaction involves an amount less than
the administrative cost of making the correction, the correction
shall be waived unless it is possible at a relatively nominal
expense to include the correction in a later transaction. If
the amount of any correction is less than $2 $5 it shall be
prima facie evidence that the cost of the correction would
exceed the amount involved.
Sec. 42. Minnesota Statutes 1994, section 15.50,
subdivision 2, is amended to read:
Subd. 2. [CAPITOL AREA PLAN.] (a) The board shall prepare,
prescribe, and from time to time, after a public hearing, amend
a comprehensive use plan for the capitol area, called the area
in this subdivision, which consists of that portion of the city
of Saint Paul comprehended within the following boundaries:
Beginning at the point of intersection of the center line of the
Arch-Pennsylvania freeway and the center line of Marion Street,
thence southerly along the center line of Marion Street extended
to a point 50 feet south of the south line of Concordia Avenue,
thence southeasterly along a line extending 50 feet from the
south line of Concordia Avenue to a point 125 feet from the west
line of John Ireland Boulevard, thence southwesterly along a
line extending 125 feet from the west line of John Ireland
Boulevard to the south line of Dayton Avenue, thence
northeasterly from the south line of Dayton Avenue to the west
line of John Ireland Boulevard, thence northeasterly to the
center line of the intersection of Old Kellogg Boulevard and
Summit Avenue, thence northeasterly along the center line of
Summit Avenue to the center line of the new West Kellogg
Boulevard, thence southerly along the east line of the new West
Kellogg Boulevard, to the center line of West Seventh Street,
thence northeasterly along the center line of West Seventh
Street to the center line of the Fifth Street ramp, thence
northwesterly along the center line of the Fifth Street ramp to
the east line of the right-of-way of Interstate Highway 35-E,
thence northeasterly along the east line of the right-of-way of
Interstate Highway 35-E to the south line of the right-of-way of
Interstate Highway 94, thence easterly along the south line of
the right-of-way of Interstate Highway 94 to the west line of
St. Peter Street, thence southerly to the south line of Eleventh
Exchange Street, thence easterly along the south line
of Eleventh Exchange Street to the west line of Cedar Street,
thence southeasterly northerly along the west line of Cedar
Street to the center line of Tenth Street, thence northeasterly
along the center line of Tenth Street to the center line of
Minnesota Street, thence northwesterly along the center line of
Minnesota Street to the center line of Eleventh Street, thence
northeasterly along the center line of Eleventh Street to the
center line of Jackson Street, thence northwesterly along the
center line of Jackson Street to the center line of the
Arch-Pennsylvania freeway extended, thence westerly along the
center line of the Arch-Pennsylvania freeway extended and Marion
Street to the point of origin. If construction of the labor
interpretive center does not commence prior to December 31, 1998
2000, at the site recommended by the board, the boundaries of
the capitol area revert to their configuration as of 1992.
Under the comprehensive plan, or a portion of it, the board
may regulate, by means of zoning rules adopted under the
administrative procedure act, the kind, character, height, and
location, of buildings and other structures constructed or used,
the size of yards and open spaces, the percentage of lots that
may be occupied, and the uses of land, buildings and other
structures, within the area. To protect and enhance the
dignity, beauty, and architectural integrity of the capitol
area, the board is further empowered to include in its zoning
rules design review procedures and standards with respect to any
proposed construction activities in the capitol area
significantly affecting the dignity, beauty, and architectural
integrity of the area. No person may undertake these
construction activities as defined in the board's rules in the
capitol area without first submitting construction plans to the
board, obtaining a zoning permit from the board, and receiving a
written certification from the board specifying that the person
has complied with all design review procedures and standards.
Violation of the zoning rules is a misdemeanor. The board may,
at its option, proceed to abate any violation by injunction.
The board and the city of Saint Paul shall cooperate in assuring
that the area adjacent to the capitol area is developed in a
manner that is in keeping with the purpose of the board and the
provisions of the comprehensive plan.
(b) The commissioner of administration shall act as a
consultant to the board with regard to the physical structural
needs of the state. The commissioner shall make studies and
report the results to the board when it requests reports for its
planning purpose.
(c) No public building, street, parking lot, or monument,
or other construction may be built or altered on any public
lands within the area unless the plans for the project conform
to the comprehensive use plan as specified in paragraph (d) and
to the requirement for competitive plans as specified in
paragraph (e). No alteration substantially changing the
external appearance of any existing public building approved in
the comprehensive plan or the exterior or interior design of any
proposed new public building the plans for which were secured by
competition under paragraph (e) may be made without the prior
consent of the board. The commissioner of administration shall
consult with the board regarding internal changes having the
effect of substantially altering the architecture of the
interior of any proposed building.
(d) The comprehensive plan must show the existing land uses
and recommend future uses including: areas for public taking
and use; zoning for private land and criteria for development of
public land, including building areas, open spaces, monuments,
and other memorials; vehicular and pedestrian circulation;
utilities systems; vehicular storage; elements of landscape
architecture. No substantial alteration or improvement may be
made to public lands or buildings in the area without the
written approval of the board.
(e) The board shall secure by competitions plans for any
new public building. Plans for any comprehensive plan,
landscaping scheme, street plan, or property acquisition that
may be proposed, or for any proposed alteration of any existing
public building, landscaping scheme or street plan may be
secured by a similar competition. A competition must be
conducted under rules prescribed by the board and may be of any
type which meets the competition standards of the American
Institute of Architects. Designs selected become the property
of the state of Minnesota, and the board may award one or more
premiums in each competition and may pay the costs and fees that
may be required for its conduct. At the option of the board,
plans for projects estimated to cost less than $1,000,000 may be
approved without competition provided the plans have been
considered by the advisory committee described in paragraph
(h). Plans for projects estimated to cost less than $400,000
and for construction of streets need not be considered by the
advisory committee if in conformity with the comprehensive plan.
(f) Notwithstanding paragraph (e), an architectural
competition is not required for the design of any light rail
transit station and alignment within the capitol area. The
board and its advisory committee shall select a preliminary
design for any transit station in the capitol area. Each stage
of any station's design through working drawings must be
reviewed by the board's advisory committee and approved by the
board to ensure that the station's design is compatible with the
comprehensive plan for the capitol area and the board's design
criteria. The guideway and track design of any light rail
transit alignment within the capitol area must also be reviewed
by the board's advisory committee and approved by the board.
(g) Of the amount available for the light rail transit
design, adequate funds must be available to the board for design
framework studies and review of preliminary plans for light rail
transit alignment and stations in the capitol area.
(h) The board may not adopt any plan under paragraph (e)
unless it first receives the comments and criticism of an
advisory committee of three persons, each of whom is either an
architect or a planner, who have been selected and appointed as
follows: one by the board of the arts, one by the board, and
one by the Minnesota Society of the American Institute of
Architects. Members of the committee may not be contestants
under paragraph (e). The comments and criticism must be a
matter of public information. The committee shall advise the
board on all architectural and planning matters. For that
purpose, the committee must be kept currently informed
concerning, and have access to, all data, including all plans,
studies, reports and proposals, relating to the area as the data
are developed or in the process of preparation, whether by the
commissioner of administration, the commissioner of trade and
economic development, the metropolitan council, the city of
Saint Paul, or by any architect, planner, agency or
organization, public or private, retained by the board or not
retained and engaged in any work or planning relating to the
area, and a copy of any data prepared by any public employee or
agency must be filed with the board promptly upon completion.
The board may employ stenographic or technical help that
may be reasonable to assist the committee to perform its duties.
When so directed by the board, the committee may serve as,
and any member or members of the committee may serve on, the
jury or as professional advisor for any architectural
competition, and the board shall select the architectural
advisor and jurors for any competition with the advice of the
committee.
The city of Saint Paul shall advise the board.
(i) The comprehensive plan for the area must be developed
and maintained in close cooperation with the commissioner of
trade and economic development, the planning department and the
council for the city of Saint Paul, and the board of the arts,
and no plan or amendment of a plan may be effective without 90
days' notice to the planning department of the city of Saint
Paul and the board of the arts and without a public hearing with
opportunity for public testimony.
(j) The board and the commissioner of administration,
jointly, shall prepare, prescribe, and from time to time revise
standards and policies governing the repair, alteration,
furnishing, appearance, and cleanliness of the public and
ceremonial areas of the state capitol building. The board shall
consult with and receive advice from the director of the
Minnesota state historical society regarding the historic
fidelity of plans for the capitol building. The standards and
policies developed under this paragraph are binding upon the
commissioner of administration. The provisions of sections
14.02, 14.04 to 14.36, 14.38, and 14.44 to 14.45 do not apply to
this paragraph.
(k) The board in consultation with the commissioner of
administration shall prepare and submit to the legislature and
the governor no later than October 1 of each even-numbered year
a report on the status of implementation of the comprehensive
plan together with a program for capital improvements and site
development, and the commissioner of administration shall
provide the necessary cost estimates for the program. The board
shall report any changes to the comprehensive plan adopted by
the board to the committee on governmental operations and
gambling of the house of representatives and the committee on
governmental operations and reform of the senate and upon
request shall provide testimony concerning the changes. The
board shall also provide testimony to the legislature on
proposals for memorials in the capitol area as to their
compatibility with the standards, policies, and objectives of
the comprehensive plan.
(l) The state shall, by the attorney general upon the
recommendation of the board and within appropriations available
for that purpose, acquire by gift, purchase, or eminent domain
proceedings any real property situated in the area described in
this section, and it may also acquire an interest less than a
fee simple interest in the property, if it finds that the
property is needed for future expansion or beautification of the
area.
(m) The board is the successor of the state veterans
service building commission, and as such may adopt rules and may
reenact the rules adopted by its predecessor under Laws 1945,
chapter 315, and amendments to it.
(n) The board shall meet at the call of the chair and at
such other times as it may prescribe.
(o) The commissioner of administration shall assign
quarters in the state veterans service building to (1) the
department of veterans affairs, of which a part that the
commissioner of administration and commissioner of veterans
affairs may mutually determine must be on the first floor above
the ground, and (2) the American Legion, Veterans of Foreign
Wars, Disabled American Veterans, Military Order of the Purple
Heart, United Spanish War Veterans, and Veterans of World War I,
and their auxiliaries, incorporated, or when incorporated, under
the laws of the state, and (3) as space becomes available, to
other state departments and agencies as the commissioner may
deem desirable.
Sec. 43. Minnesota Statutes 1994, section 15.91,
subdivision 2, is amended to read:
Subd. 2. [PERFORMANCE REPORTS.] (a) Each agency shall
develop a performance report for the major programs that it
provides or administers. The report shall include each of the
following items or an explanation of why an item does not apply
to the agency or its individual programs:
(1) a statement of the mission, goals, and objectives of
the agency including those set forth in statute;
(2) measures of the output and outcome of the program;
(3) identification of priority and other populations served
by the programs under current law and how those populations are
expected to change within the period of the report;
(4) plans for how outcome information can be used as an
incentive for improving state programs and program outcomes;
(5) requests for statutory flexibility needed to reach
outcome goals;
(6) proposals and cost estimates for collecting new outcome
information; and
(7) other information that may be required to explain the
past and projected performance of state programs.
The objectives required under clause (1): (i) must be
simple declarative statements of intent; (ii) should carry
benchmarks for accomplishment; and (iii) should be specific
enough so citizens can measure progress year to year.
(b) Each agency shall issue a first annual report by
September 1, 1994, and annual updated reports no later than
September 1 of each year beginning in 1995. A report must cover
a period of four years previous and two years in the future from
the date that it is required to be issued, including previous
forecasts versus actual measures.
(c) Each agency shall send a copy of each report issued to
the governor, the speaker of the house of representatives, the
president of the senate, the legislative commission on planning
and fiscal policy, the legislative auditor, the commissioner of
finance, and two copies to the legislative reference library.
(d) The legislative auditor shall review the drafts and
give comments to agencies and the legislature before September
1, 1994, and shall review and give comments on annual reports on
a rotating biennial schedule.
(e) State agency reports shall be compiled as required in
this paragraph. The commissioner of finance, in consultation
with the commissioner of administration, the legislative
commission on planning and fiscal policy, and the finance
committees and divisions of the house of representatives and
senate, shall:
(1) develop forms and instructions and coordinate training
for the use of the agencies in the preparation of their reports;
(2) work with individual agencies to determine acceptable
measures of staff workload, unit costs, output, and outcome for
use in reports; and
(3) request any needed additional information concerning
any agency report submitted.
Each agency shall include citizens, agency clients,
consumer and advocacy groups, worker participation committees,
managers, elected officials, and contractors in its
planning. By November 1 of each even-numbered year, each agency
shall issue a performance report that includes the following:
(1) the agency's mission;
(2) goals and objectives for each major program for which
the agency will request funding in its next biennial budget;
(3) identification of the populations served by the
programs; and
(4) workload, efficiency, output, and outcome measures for
each program listed in the report, with data showing each
programs' actual performance relative to these measures for the
previous four fiscal years and the performance the agency
projects it will achieve during the next two fiscal years with
the level of funding it has requested.
If it would enhance an understanding of its mission,
programs, and performance, the agency shall include in its
report information that describes the broader economic, social,
and physical environment in which the agency's programs are
administered.
Each agency shall send a copy of its performance report to
the speaker of the house, president of the senate, legislative
auditor, and legislative reference library, and provide a copy
to others upon request.
The commissioner of finance shall ensure that performance
reports are complete, accurate, and reliable and compiled in
such a way that they are useful to the public, legislators, and
managers in state government. To maintain a computerized
performance data system, the commissioner of finance may require
agencies to provide performance data annually.
The legislative auditor shall review and comment on
performance reports as provided for by section 3.971,
subdivision 3.
Sec. 44. [16A.101] [SERVICE CONTRACTS.]
The state accounting system must list expenditures for
professional and technical service contracts, as defined in
section 16B.17, as a separate category. No other expenditures
may be included in this category.
Sec. 45. Minnesota Statutes 1994, section 16A.11, is
amended by adding a subdivision to read:
Subd. 3b. [CONTRACTS.] The detailed budget estimate must
also include the following information on professional or
technical services contracts:
(1) the number and amount of contracts over $40,000 for
each agency for the past biennium;
(2) the anticipated number and amount of contracts over
$40,000 for each agency for the upcoming biennium; and
(3) the total value of all contracts from the previous
biennium, and the anticipated total value of all contracts for
the upcoming biennium.
Sec. 46. Minnesota Statutes 1994, section 16A.127,
subdivision 8, is amended to read:
Subd. 8. [EXEMPTIONS.] (a) No statewide or agency indirect
cost liability shall be accrued to any program, appropriation,
or account that is specifically exempted from the liability in
federal or state law, or if the commissioner determines the
funds to be held in trust, or to be a pass-through, workshop, or
seminar account. Accounts receiving proceeds from bond issues,
and those accounts whose funds are determined by the
commissioner to originate from the general fund, accounts are
also exempt from this section.
(b) Except for the costs of the legislative auditor to
conduct financial audits of federal funds, this section does not
apply to the community college board, state university board, or
the state board of technical colleges. Receipts attributable to
financial audits conducted by the legislative auditor of federal
funds administered by these post-secondary education boards
shall be deposited in the general fund.
Sec. 47. Minnesota Statutes 1994, section 16A.129,
subdivision 3, is amended to read:
Subd. 3. [CASH ADVANCES.] When the operations of any
nongeneral fund account would be impeded by projected cash
deficiencies resulting from delays in the receipt of grants,
dedicated income, or other similar receivables, and when the
deficiencies would be corrected within the budget period
involved, the commissioner of finance may transfer use general
fund cash reserves into the accounts as necessary to meet cash
demands. If funds are transferred from the general fund to meet
cash flow needs, the cash flow transfers must be returned to the
general fund as soon as sufficient cash balances are available
in the account to which the transfer was made. Any interest
earned on general fund cash flow transfers accrues to the
general fund and not to the accounts or funds to which the
transfer was made.
Sec. 48. Minnesota Statutes 1994, section 16A.28,
subdivision 5, is amended to read:
Subd. 5. [PERMANENT IMPROVEMENTS.] An appropriation for
permanent improvements, including the acquisition of real
property does not lapse until the purposes of the appropriation
are determined by the commissioner, after consultation with the
affected agencies, to be accomplished or abandoned. This
subdivision also applies to any part of an appropriation for a
fiscal year that has been requisitioned to acquire real property
or construct permanent improvements.
Sec. 49. Minnesota Statutes 1994, section 16A.28,
subdivision 6, is amended to read:
Subd. 6. [CANCELED SEPTEMBER 1 OCTOBER 15.] On September 1
October 15 all allotments and encumbrances for the last fiscal
year shall be canceled unless an agency head certifies to the
commissioner that there is an encumbrance for services rendered
or goods ordered in the last fiscal year, or certifies that
funding will be carried forward under subdivision 1. The
commissioner may: reinstate the part of the cancellation needed
to meet the certified encumbrance or charge the certified
encumbrance against the current year's appropriation.
Sec. 50. Minnesota Statutes 1994, section 16A.40, is
amended to read:
16A.40 [WARRANTS.]
Money must not be paid out of the state treasury except
upon the warrant of the commissioner or an electronic fund
transfer approved by the commissioner. Warrants must be drawn
on printed blanks that are in numerical order. The commissioner
shall enter, in numerical order in a warrant register, the
number, amount, date, and payee for every warrant issued.
Sec. 51. Minnesota Statutes 1994, section 16A.57, is
amended to read:
16A.57 [APPROPRIATION, ALLOTMENT, AND WARRANT NEEDED.]
Unless otherwise expressly provided by law, state money may
not be spent or applied without an appropriation, an allotment,
and issuance of a warrant or electronic fund transfer.
Sec. 52. Minnesota Statutes 1994, section 16B.06, is
amended by adding a subdivision to read:
Subd. 7. [COMPLIANCE.] The commissioner must develop
procedures to audit agency personnel to whom the commissioner
has delegated contracting authority, in order to ensure
compliance with laws and guidelines governing issuance of
contracts, including laws and guidelines governing conflicts of
interest.
Sec. 53. [16B.167] [EMPLOYEE SKILLS INVENTORY.]
The commissioners of employee relations and administration
shall develop a list of skills that state agencies commonly seek
from professional or technical service contracts, in
consultation with exclusive representatives of state employees.
Before an agency may seek approval of a professional or
technical services contract valued in excess of $25,000, it must
certify to the commissioner that it has publicized the contract
by posting notice at appropriate worksites within agencies and
has made reasonable efforts to determine that no state employee,
including an employee outside the contracting agency, is able
and available to perform the services called for by the contract.
When possible this posting must be done electronically.
Sec. 54. Minnesota Statutes 1994, section 16B.17, is
amended to read:
16B.17 [CONSULTANTS AND PROFESSIONAL OR TECHNICAL
SERVICES.]
Subdivision 1. [TERMS.] For the purposes of this section,
the following terms have the meanings given them:
(a) [CONSULTANT SERVICES.] "Consultant professional or
technical services" means services which that are intellectual
in character; which that do not involve the provision of
supplies or materials; which that include consultation analysis,
evaluation, prediction, planning, or recommendation; and which
that result in the production of a report or the completion of a
task.
(b) [PROFESSIONAL AND TECHNICAL SERVICES.] "Professional
and technical services" means services which are predominantly
intellectual in character; which do not involve the provision of
supplies or materials; and in which the final result is the
completion of a task rather than analysis, evaluation,
prediction, planning, or recommendation.
Subd. 2. [PROCEDURE FOR CONSULTANT AND PROFESSIONAL AND OR
TECHNICAL SERVICES CONTRACTS.] Before approving a proposed state
contract for consultant services or professional and or
technical services, the commissioner must determine, at least,
that:
(1) all provisions of section 16B.19 and subdivision 3 of
this section have been verified or complied with;
(2) the work to be performed under the contract is
necessary to the agency's achievement of its statutory
responsibilities, and there is statutory authority to enter into
the contract;
(3) the contract will not establish an employment
relationship between the state or the agency and any persons
performing under the contract;
(4) no current state employees will engage in the
performance of the contract;
(5) no state agency has previously performed or contracted
for the performance of tasks which would be substantially
duplicated under the proposed contract; and
(6) the contracting agency has specified a satisfactory
method of evaluating and using the results of the work to be
performed; and
(7) the combined contract and amendments will not extend
for more than five years.
Subd. 3. [DUTIES OF CONTRACTING AGENCY.] Before an agency
may seek approval of a consultant or professional and or
technical services contract valued in excess of $5,000, it must
certify to the commissioner that:
(1) no current state employee is able and available to
perform the services called for by the contract;
(2) the normal competitive bidding mechanisms will not
provide for adequate performance of the services;
(3) the services are not available as a product of a prior
consultant or professional and technical services contract, and
the contractor has certified that the product of the services
will be original in character;
(4) reasonable efforts were made to publicize the
availability of the contract to the public;
(5) the agency has received, reviewed, and accepted a
detailed work plan from the contractor for performance under the
contract; and
(6) the agency has developed, and fully intends to
implement, a written plan providing for the assignment of
specific agency personnel to a monitoring and liaison function;,
the periodic review of interim reports or other indications of
past performance, and the ultimate utilization of the final
product of the services; and
(7) the agency will not allow the contractor to begin work
before funds are fully encumbered.
Subd. 3a. [RENEWALS.] The renewal of a professional or
technical contract must comply with all requirements, including
notice, applicable to the original contract. A renewal contract
must be identified as such. All notices and reports on a
renewal contract must state the date of the original contract
and the amount paid previously under the contract.
Subd. 4. [REPORTS.] (a) The commissioner shall submit to
the governor, the chairs of the house ways and means and senate
finance committees, and the legislature legislative reference
library a monthly listing of all contracts for consultant
services and for professional and or technical services executed
or disapproved in the preceding month. The report must identify
the parties and the contract amount, duration, and tasks to be
performed. The commissioner shall also issue quarterly reports
summarizing the contract review activities of the department
during the preceding quarter.
(b) The monthly and quarterly reports must:
(1) be sorted by agency and by contractor;
(2) show the aggregate value of contracts issued by each
agency and issued to each contractor;
(3) distinguish between contracts that are being issued for
the first time and contracts that are being renewed;
(4) state the termination date of each contract; and
(5) categorize contracts according to subject matter,
including topics such as contracts for training, contracts for
research and opinions, and contracts for computer systems.
(c) Within 30 days of final completion of a contract over
$40,000 covered by this subdivision, the chief executive of the
agency entering into the contract must submit a one-page report
to the commissioner who must submit a copy to the legislative
reference library. The report must:
(1) summarize the purpose of the contract, including why it
was necessary to enter into a contract;
(2) state the amount spent on the contract; and
(3) explain why this amount was a cost-effective way to
enable the agency to provide its services or products better or
more efficiently.
Subd. 5. [CONTRACT TERMS.] (a) A consultant or technical
and professional or technical services contract must by its
terms permit the agency to unilaterally terminate the contract
prior to completion, upon payment of just compensation, if the
agency determines that further performance under the contract
would not serve agency purposes. If the final product of the
contract is to be a written report, no more than three copies of
the report, one in camera ready form, shall be submitted to the
agency. One of the copies a copy must be filed with the
legislative reference library.
(b) The terms of a contract must provide that no more than
90 percent of the amount due under the contract may be paid
until the final product has been reviewed by the chief executive
of the agency entering into the contract, and the chief
executive has certified that the contractor has satisfactorily
fulfilled the terms of the contract.
Subd. 6. [EXCLUSIONS.] This section and section 16B.167 do
not apply:
(1) to Minnesota state college or university contracts to
provide instructional services to public or private
organizations, agencies, businesses, or industries;
(2) to contracts with individuals or organizations for
administration of employee pension plans authorized under
chapter 354B or 354C; or
(3) to instructional services provided to Minnesota state
colleges or universities by organizations or individuals
provided the contracts are consistent with terms of applicable
labor agreements.
Sec. 55. [16B.175] [PROFESSIONAL OR TECHNICAL SERVICE
CONTRACT CONFLICT OF INTEREST GUIDELINES.]
Subdivision 1. [DEVELOPMENT; APPLICABILITY.] The
commissioner of administration must develop guidelines designed
to prevent conflicts of interest for agency employees involved
in professional or technical service contracts. The guidelines
must apply to agency employees who are directly or indirectly
involved in: developing requests for proposals; evaluating
proposals; drafting and entering into professional or technical
service contracts; evaluating performance under these contracts;
and authorizing payments under the contract.
Subd. 2. [CONTENT.] (a) The guidelines must attempt to
ensure that an employee involved in contracting:
(1) does not have any financial interest in and does not
personally benefit from the contract;
(2) does not accept from a contractor or bidder any
promise, obligation, contract for future reward, or gift; and
(3) does not appear to have a conflict of interest because
of a family or close personal relationship to a contractor or
bidder, or because of a past employment or business relationship
with a contractor or bidder.
(b) The guidelines must contain a process for making
employees aware of guidelines and laws relating to conflict of
interest, and for training employees on how to avoid and deal
with potential conflicts.
(c) The guidelines must contain a process under which an
employee who has a conflict or a potential conflict may disclose
the matter, and a process under which work on the contract may
be assigned to another employee if possible.
Sec. 56. Minnesota Statutes 1994, section 16B.19,
subdivision 2, is amended to read:
Subd. 2. [CONSULTANT, PROFESSIONAL AND OR TECHNICAL
PROCUREMENTS.] Every state agency shall for each fiscal year
designate for awarding to small businesses at least 25 percent
of the value of anticipated procurements of that agency for
consultant services or professional and or technical services.
The set-aside under this subdivision is in addition to that
provided by subdivision 1, but shall must otherwise comply with
section 16B.17.
Sec. 57. Minnesota Statutes 1994, section 16B.19,
subdivision 10, is amended to read:
Subd. 10. [APPLICABILITY.] This section does not apply to
construction contracts or contracts for consultant,
professional, or technical services under section 16B.17 that
are financed in whole or in part with federal funds and that are
subject to federal disadvantaged business enterprise regulations.
Sec. 58. Minnesota Statutes 1994, section 16B.42,
subdivision 3, is amended to read:
Subd. 3. [OTHER DUTIES.] The intergovernmental
informations systems advisory council shall (1) recommend to the
commissioners of state departments, the legislative auditor, and
the state auditor a method for the expeditious gathering and
reporting of information and data between agencies and units of
local government in accordance with cooperatively developed
standards; (2) elect an executive committee, not to exceed seven
members from its membership; (3) develop an annual plan, to
include administration and evaluation of grants, in compliance
with applicable rules; (4) provide technical information systems
assistance or guidance to local governments for development,
implementation, and modification of automated systems, including
formation of consortiums for those systems; and (5) appoint
committees and task forces, which may include persons other than
council members, to assist the council in carrying out its
duties; (6) select an executive director to serve the council
and may employ other employees it deems necessary, all of whom
are in the classified service of the state civil service; (7)
may contract for professional and other similar services on
terms it deems desirable; and (8) work with the information
policy office to ensure that information systems developed by
state agencies that impact local government will be reviewed by
the council.
Sec. 59. [16B.485] [INTERFUND LOANS.]
The commissioner may, with the approval of the commissioner
of finance, make loans from an internal service or enterprise
fund to another internal service or enterprise fund, and the
amount necessary is appropriated from the fund that makes the
loan. The term of a loan made under this section must be not
more than 24 months.
Sec. 60. Minnesota Statutes 1994, section 16B.88,
subdivision 1, is amended to read:
Subdivision 1. [INFORMATION CENTER FOR VOLUNTEER
PROGRAMS.] (a) The office on of citizenship and volunteer
services is under the supervision and administration of an
executive a director appointed by the commissioner and referred
to in this section as "director.". The office shall: (1)
operate as a state information, technical assistance, and
promotion center for volunteer programs and needed services that
could be delivered by volunteer programs; and (2) promote and
facilitate citizen participation in local governance and public
problem solving.
(b) In furtherance of the mission in paragraph (a), clause
(2), the office shall:
(1) engage in education and other activities designed to
enhance the capacity of citizens to solve problems affecting
their communities;
(2) promote and support efforts by citizens,
community-based organizations, non-profits, churches, and local
governments to collaborate in solving community problems;
(3) encourage local governments to provide increased
opportunities for citizen involvement in public decision making
and public problem solving;
(4) refer innovative approaches to encourage greater public
access to and involvement in state and local government
decisions to appropriate state and local government officials;
(5) encourage units of state and local government to
respond to citizen initiatives and ideas;
(6) promote processes for involving citizens in government
decisions; and
(7) recognize and publicize models of effective public
problem solving by citizens.
A person or public or private agency may request
information on the availability of volunteer programs relating
to specific services and may report to the director whenever a
volunteer program is needed or desired.
Sec. 61. Minnesota Statutes 1994, section 16B.88,
subdivision 2, is amended to read:
Subd. 2. [COOPERATION WITH OTHER GROUPS.] The director
shall cooperate with national, state, and local volunteer groups
in collecting information on federal, state, and private
resources which may encourage and improve volunteer projects
within the state. The office shall coordinate its research and
other work on citizen engagement with the board of government
innovation and cooperation, the Minnesota extension service, and
Project Public Life, Humphrey Institute, University of Minnesota.
Sec. 62. Minnesota Statutes 1994, section 16B.88,
subdivision 3, is amended to read:
Subd. 3. [MONEY.] The director may accept and disburse
public or private funds and gifts made available for the
promotion of volunteer the office's programs.
Sec. 63. Minnesota Statutes 1994, section 16B.88,
subdivision 4, is amended to read:
Subd. 4. [RESEARCH AND INFORMATION.] The director shall
conduct research to: (1) identify methods for increasing the
capacity of citizens to influence decisions affecting their
lives, identify methods citizens can use to solve problems in
their communities, and promote innovative techniques for citizen
and community-based organizations to collaborate in
understanding and solving community problems; and (2) identify
needs of volunteer programs and to assess community needs for
volunteer services. The director may issue informational
materials relating to volunteer programs in Minnesota and
results of the director's research.
Sec. 64. [43A.211] [MINNESOTA QUALITY COLLEGE.]
Subdivision 1. [PURPOSE; GOALS.] The Minnesota quality
college is a program in the department of employee relations to
provide information on continuous quality improvement training
resources to state officials and employees in executive
agencies. It is managed by the board established by subdivision
2. The purpose of the program is to help agencies, officials,
and employees achieve the mission and goals of their
governmental unit, improve government's responsiveness to
citizens, increase workplace innovation at the employee level,
increase productivity, improve public leadership and employee
involvement, and build pride in public service. Its goals are
to encourage cost savings and cost sharing among its clients, to
help clients ensure that money for quality improvement training
is wisely spent, and to develop and maintain a curriculum that
provides a base for the continuous improvement of quality skills
in Minnesota's public workforce. The curriculum must be based
on a philosophy of quality that has these components: customer
focus, continuous improvement, and employee empowerment and
leadership. The board shall insure that state agencies and
employees have access to and are provided with information on
quality resources, encourage sharing and interagency
cooperation, and provide high-quality and ongoing training on
how to apply the philosophy of quality in public service.
Subd. 2. [MANAGEMENT.] The commissioner shall convene a
board to manage the college. The board must consist of the
commissioner; a commissioner from another agency appointed by
the governor; a private citizen experienced in the application
of the quality philosophy, appointed by the governor; a
representative of the exclusive representatives of employees in
the executive branch, selected by the exclusive representatives;
and two representatives of management-level executive agency
employees, selected by the commissioner. The board shall take
action based on a consensus of its members present. The board
shall identify training needs and potential resources to provide
different levels of training depending on the requirements and
stage of development of each customer. Levels of training may
include basic quality training, special management training,
refresher courses, coaching, organizational culture change, and
applying quality tools. The board shall attempt to design a
model curriculum, specific components and resources to achieve
the curriculum, and specific programs within that curriculum to
meet the expressed needs of customers.
Subd. 3. [CUSTOMERS.] The primary customers of the college
are Minnesota state agencies, officials, and employees. The
board may extend services to local governmental units, federal
agencies, educational institutions, and nonprofit organizations
within Minnesota, but shall first ensure that the needs of their
primary customers are adequately met. The curriculum must be
organized to meet the needs of five separate groups of
customers: elected officials, appointed officials, managers,
quality professionals, and public employees.
Subd. 4. [SUPPLIERS.] The board may draw upon a range of
training resources, including:
(1) staff of the customer agency itself;
(2) other agencies, including courses offered by the
department or the organizational analysis services of the
management analysis division of the department of
administration;
(3) Minnesota public and private higher education
institutions;
(4) private consultants;
(5) professional organizations; and
(6) local governmental units and federal agencies.
Sec. 65. Minnesota Statutes 1994, section 43A.27,
subdivision 2, is amended to read:
Subd. 2. [ELECTIVE ELIGIBILITY.] The following persons, if
not otherwise covered by section 43A.24, may elect coverage for
themselves or their dependents at their own expense:
(a) a state employee, including persons on layoff from a
civil service position as provided in collective bargaining
agreements or a plan established pursuant to section 43A.18;
(b) an employee of the board of regents of the University
of Minnesota, including persons on layoff, as provided in
collective bargaining agreements or by the board of regents;
(c) an officer or employee of the state agricultural
society, state horticultural society, Sibley house association,
Minnesota humanities commission, Minnesota area industry labor
management councils, Minnesota international center, Minnesota
academy of science, science museum of Minnesota, Minnesota
safety council, state office of disabled American veterans,
state office of the American Legion and its auxiliary, state
office of veterans of foreign wars and its auxiliary, or state
office of the Military Order of the Purple Heart;
(d) a civilian employee of the adjutant general who is paid
from federal funds and who is not eligible for benefits from any
federal civilian employee group life insurance or health
benefits program; and
(e) an officer or employee of the state capitol credit
union or the highway credit union.
Sec. 66. Minnesota Statutes 1994, section 43A.27,
subdivision 3, is amended to read:
Subd. 3. [RETIRED EMPLOYEES.] A retired employee of the
state who receives an annuity under a state retirement
program or a retired employee of the state who is at least 50
years of age and has at least 15 years of state service may
elect to purchase at personal expense individual and dependent
hospital, medical, and dental coverages that are actuarially
equivalent to those made available through collective bargaining
agreements or plans established pursuant to section 43A.18 to
employees in positions equivalent to that from which retired. A
spouse of a deceased retired employee who received an annuity
under a state retirement program may purchase the coverage
listed in this subdivision if the spouse was a dependent under
the retired employee's coverage at the time of the employee's
death. Coverages must be coordinated with relevant health
insurance benefits provided through the federally sponsored
Medicare program. Until the retired employee reaches age 65,
the retired employee and dependents must be pooled in the same
group as active employees for purposes of establishing premiums
and coverage for hospital, medical, and dental insurance.
Coverage for retired employees and their dependents may not
discriminate on the basis of evidence of insurability or
preexisting conditions unless identical conditions are imposed
on active employees in the group that the employee left.
Appointing authorities shall provide notice to employees no
later than the effective date of their retirement of the right
to exercise the option provided in this subdivision. The
retired employee must notify the commissioner or designee of the
commissioner within 30 days after the effective date of the
retirement of intent to exercise this option.
Sec. 67. Minnesota Statutes 1994, section 115C.02, is
amended by adding a subdivision to read:
Subd. 6a. [FUND.] "Fund" means the petroleum tank release
cleanup fund.
Sec. 68. Minnesota Statutes 1994, section 115C.08,
subdivision 1, is amended to read:
Subdivision 1. [REVENUE SOURCES.] Revenue from the
following sources must be deposited in the state treasury and
credited to a petroleum tank release cleanup account in the
environmental fund:
(1) the proceeds of the fee imposed by subdivision 3;
(2) money recovered by the state under sections 115C.04,
115C.05, and 116.491, including administrative expenses, civil
penalties, and money paid under an agreement, stipulation, or
settlement;
(3) interest attributable to investment of money in the
account fund;
(4) money received by the board and agency in the form of
gifts, grants other than federal grants, reimbursements, or
appropriations from any source intended to be used for the
purposes of the account fund;
(5) fees charged for the operation of the tank installer
certification program established under section 116.491; and
(6) money obtained from the return of reimbursements, civil
penalties, or other board action under this chapter.
Sec. 69. Minnesota Statutes 1994, section 115C.08,
subdivision 2, is amended to read:
Subd. 2. [IMPOSITION OF FEE.] The board shall notify the
commissioner of revenue if the unencumbered balance of the
account fund falls below $4,000,000, and within 60 days after
receiving notice from the board, the commissioner of revenue
shall impose the fee established in subdivision 3 on the use of
a tank for four calendar months, with payment to be submitted
with each monthly distributor tax return.
Sec. 70. Minnesota Statutes 1994, section 115C.08,
subdivision 4, is amended to read:
Subd. 4. [EXPENDITURES.] (a) Money in the account fund may
only be spent:
(1) to administer the petroleum tank release cleanup
program established in this chapter;
(2) for agency administrative costs under sections 116.46
to 116.50, sections 115C.03 to 115C.06, and costs of corrective
action taken by the agency under section 115C.03, including
investigations;
(3) for costs of recovering expenses of corrective actions
under section 115C.04;
(4) for training, certification, and rulemaking under
sections 116.46 to 116.50;
(5) for agency administrative costs of enforcing rules
governing the construction, installation, operation, and closure
of aboveground and underground petroleum storage tanks;
(6) for reimbursement of the harmful substance compensation
account under subdivision 5 and section 115B.26, subdivision 4;
and
(7) for administrative and staff costs as set by the board
to administer the petroleum tank release program established in
this chapter.
(b) Money in the account fund is appropriated to the board
to make reimbursements or payments under this section.
Sec. 71. Minnesota Statutes 1994, section 116G.15, is
amended to read:
116G.15 [MISSISSIPPI RIVER CRITICAL AREA.]
(a) The federal Mississippi National River and Recreation
Area established pursuant to United States Code, title 16,
section 460zz-2(k), is designated an area of critical concern in
accordance with this chapter. The governor shall review the
existing Mississippi river critical area plan and specify any
additional standards and guidelines to affected communities in
accordance with section 116G.06, subdivision 2, paragraph (b),
clauses (3) and (4), needed to insure preservation of the area
pending the completion of the federal plan.
The results of an environmental impact statement prepared
under chapter 116D begun before and completed after July 1,
1994, for a proposed project that is located in the Mississippi
river critical area north of the United States Army Corps of
Engineers Lock and Dam Number One must be submitted in a report
to the chairs of the environment and natural resources policy
and finance committees of the house of representatives and the
senate prior to the issuance of any state or local permits and
the authorization for an issuance of any bonds for the project.
A report made under this paragraph shall be submitted by the
responsible governmental unit that prepared the environmental
impact statement, and must list alternatives to the project that
are determined by the environmental impact statement to be
economically less expensive and environmentally superior to the
proposed project and identify any legislative actions that may
assist in the implementation of environmentally superior
alternatives. This paragraph does not apply to a proposed
project to be carried out by the metropolitan council or a
metropolitan agency as defined in section 473.121.
(b) If the results of an environmental impact statement
required to be submitted by paragraph (a) indicate that there is
an economically less expensive and environmentally superior
alternative, then no member agency of the environmental quality
board shall issue a permit for the facility that is the subject
of the environmental impact statement, other than an
economically less expensive and environmentally superior
alternative, nor shall any government bonds be issued for the
facility, other than an economically less expensive and
environmentally superior alternative, until after the
legislature has adjourned its regular session sine die in 1996.
Sec. 72. Minnesota Statutes 1994, section 197.05, is
amended to read:
197.05 [FUND, HOW EXPENDED.]
The state soldiers' assistance fund shall be administered
by the commissioner of veterans affairs and shall be used to
locate and investigate the facts as to any citizen of Minnesota
or resident alien residing in Minnesota who served in the
military or naval forces of the United States and who is
indigent or suffering from any disability whether acquired in
the service or not; to assist the person and the person's
dependents as hereinafter provided in establishing and proving
any just claim the person may have against the United States
government, or any other government or state for compensation,
insurance, relief, or other benefits; to provide emergency
hospitalization, treatment, maintenance, and relief for any
person suffering from disability who was a bona fide resident of
the state at the time the need arose and the person's
dependents, as hereinafter provided; and to cooperate with other
state, municipal, and county officials and civic or civilian
agencies or organizations in carrying out the provisions of
sections 197.01 to 197.07. The commissioner shall limit
financial assistance to veterans and dependents to six months,
unless recipients have been certified as ineligible for other
benefit programs.
The fund is appropriated to be used in the manner
determined by the commissioner of veterans affairs for these
purposes.
Sec. 73. Minnesota Statutes 1994, section 240.155,
subdivision 1, is amended to read:
Subdivision 1. [REIMBURSEMENT ACCOUNT CREDIT.] Money
received by the commission as reimbursement for the costs of
services provided by assistant veterinarians and, stewards, and
medical testing of horses must be deposited in the state
treasury and credited to a racing commission reimbursement
account, except as provided under subdivision 2. Receipts are
appropriated to the commission to pay the costs of providing the
services.
Sec. 74. Minnesota Statutes 1994, section 240.24,
subdivision 3, is amended to read:
Subd. 3. [FEES.] The commission shall establish by rule a
fee or schedule of fees to recover the costs of medical testing
of horses running at racetracks licensed by the commission.
Fees charged for the testing of horses shall cover the cost of
the medical testing laboratory. Fee receipts shall be deposited
in the state treasury and credited to the general fund racing
reimbursement account.
Sec. 75. Minnesota Statutes 1994, section 240A.08, is
amended to read:
240A.08 [APPROPRIATION.]
$750,000 is appropriated annually from the general fund to
the Minnesota amateur sports commission for the purpose of
entering into long-term leases, use, or other agreements with
the metropolitan sports facilities commission for the conduct of
amateur sports activities at the basketball and hockey arena,
consistent with the purposes set forth in this chapter,
including (1) stimulating and promoting amateur sports, (2)
promoting physical fitness by promoting participation in sports,
(3) promoting the development of recreational amateur sport
opportunities and activities, and (4) promoting local, regional,
national, and international amateur sport competitions and
events. The metropolitan sports facilities commission may
allocate 50 dates a year for the conduct of amateur sports
activities at the basketball and hockey arena by the amateur
sports commission. At least 12 of the dates must be on a
Friday, Saturday, or Sunday. If any amateur sports activities
conducted by the amateur sports commission at the basketball and
hockey arena are restricted to participants of one gender, an
equal number of activities on comparable days of the week must
be conducted for participants of the other gender, but not
necessarily in the same year. The legislature reserves the
right to repeal or amend this appropriation, and does not intend
this appropriation to create public debt.
The books, records, documents, accounting procedures, and
practices of the metropolitan sports facilities commission, the
Minneapolis community development agency, and any corporation
with which the Minnesota amateur sports commission may contract
for use of the basketball and hockey arena are available for
review by the Minnesota amateur sports commission, the
legislative auditor, and the chairs of the state government
finance divisions of the senate and the house of
representatives, subject to chapter 13 and section 473.598,
subdivision 4.
Sec. 76. Minnesota Statutes 1994, section 240A.09, is
amended to read:
240A.09 [PLAN DEVELOPMENT; CRITERIA.]
The Minnesota amateur sports commission shall develop a
plan to promote the development of proposals for new statewide
public ice facilities including proposals for ice centers and
matching grants based on the criteria in this section.
(a) For ice center proposals, the commission will give
priority to proposals that come from more than one local
government unit and that, in the metropolitan area as defined in
section 473.121, subdivision 2, involve construction of more
than three at least two ice sheets in a single facility.
(b) The Minnesota amateur sports commission shall
administer a site selection process for the ice centers. The
commission shall invite proposals from cities or counties or
consortia of cities. A proposal for an ice center must include
matching contributions including in-kind contributions of land,
access roadways and access roadway improvements, and necessary
utility services, landscaping, and parking.
(c) Proposals for ice centers and matching grants must
provide for meeting the demand for ice time for female groups by
offering up to 50 percent of prime ice time, as needed, to
female groups. For purposes of this section, prime ice time
means the hours of 4:00 p.m. to 10:00 p.m. Monday to Friday and
9:00 a.m. to 8:00 p.m. on Saturdays and Sundays.
(d) The location for all proposed facilities must be in
areas of maximum demonstrated interest and must maximize
accessibility to an arterial highway.
(e) To the extent possible, all proposed facilities must be
dispersed equitably and, must be located to maximize potential
for full utilization and profitable operation, and must
accommodate noncompetitive family and community skating for all
ages.
(f) The Minnesota amateur sports commission may also use
the funds to upgrade current facilities, purchase girls' ice
time, or conduct amateur women's hockey and other ice sport
tournaments.
(g) To the extent possible, 50 percent of all grants must
be awarded to communities in greater Minnesota.
(h) To the extent possible, technical assistance shall be
provided to Minnesota communities by the commission on ice arena
planning, design, and operation, including the marketing of ice
time.
(i) The commission may use funds for rehabilitation and
renovation grants. Priority must be given to grant applications
for indoor air quality improvements, including zero emission ice
resurfacing equipment.
(j) At least ten percent of the grant funds must be used
for ice centers designed for sports other than hockey.
Sec. 77. Minnesota Statutes 1994, section 240A.10, is
amended to read:
240A.10 [AGREEMENTS.]
Subdivision 1. [ICE ARENA FACILITIES.] The Minnesota
amateur sports commission may enter into agreements with local
units of government and provide financial assistance in the form
of grants for the construction of ice arena facilities that in
the determination of the commission, conform to its criteria.
Subd. 2. [EQUIPMENT; REVOLVING FUND.] The commission may
enter into cooperative purchasing agreements under section
471.59 with local governments to purchase ice arena equipment
and services through state contracts. The cooperative ice arena
equipment purchasing revolving fund is a separate account in the
state treasury. The commission may charge a fee to cover the
commission's administrative expenses to government units that
have joint or cooperative purchasing agreements with the state
under section 471.59. The fees collected must be deposited in
the revolving fund established by this subdivision. Money in
the fund is appropriated to the commission to administer the
programs and services covered by this subdivision.
Sec. 78. Minnesota Statutes 1994, section 349.151,
subdivision 4b, is amended to read:
Subd. 4b. [PULL-TAB SALES FROM DISPENSING DEVICES.] (a)
The board may by rule authorize but not require the use of
pull-tab dispensing devices.
(b) Rules adopted under paragraph (a):
(1) must limit the number of pull-tab dispensing devices on
any permitted premises to three;
(2) must limit the use of pull-tab dispensing devices to a
permitted premises which is (i) a licensed premises for on-sales
of intoxicating liquor or 3.2 percent malt beverages or (ii) a
licensed bingo hall that allows gambling only by persons 18
years or older; and
(3) must prohibit the use of pull-tab dispensing devices at
any licensed premises where pull-tabs are sold other than
through a pull-tab dispensing device by an employee of the
organization who is also the lessor or an employee of the lessor.
(c) The director may charge a manufacturer a fee of up to
$5,000 per pull-tab dispensing device to cover the costs of
services provided by an independent testing laboratory to
perform testing and analysis of pull-tab dispensing devices.
The director shall deposit in a separate account in the state
treasury all money the director receives as reimbursement for
the costs of services provided by independent testing
laboratories that have entered into contracts with the state to
perform testing and analysis of pull-tab dispensing devices.
Money in the account is appropriated to the director to pay the
costs of services under those contracts.
Sec. 79. Minnesota Statutes 1994, section 349A.02,
subdivision 1, is amended to read:
Subdivision 1. [DIRECTOR.] A state lottery is established
under the supervision and control of the director of the state
lottery appointed by the governor with the advice and consent of
the senate. The governor shall appoint the director from a list
of at least three persons recommended to the governor by the
board. The director must be qualified by experience and
training in the operation of a lottery to supervise the
lottery. The director serves in the unclassified service. The
annual salary rate authorized for the director is equal to 80
percent of the salary rate prescribed for the governor as of the
effective date of Laws 1993, chapter 146.
Sec. 80. Minnesota Statutes 1994, section 349A.03, is
amended by adding a subdivision to read:
Subd. 4. [BOARD ABOLISHED.] The board is abolished on July
1, 1995. The terms of all members of the board serving on that
date expire on that date.
Sec. 81. Minnesota Statutes 1994, section 349A.04, is
amended to read:
349A.04 [LOTTERY GAME PROCEDURES.]
The director may adopt game procedures governing the
following elements of the lottery:
(1) lottery games;
(2) ticket prices;
(3) number and size of prizes;
(4) methods of selecting winning tickets; and
(5) frequency and method of drawings.
The adoption of lottery game procedures is not subject to
chapter 14. Before adopting a lottery game procedure, the
director shall submit the procedure to the board for its review
and comment.
Sec. 82. Minnesota Statutes 1994, section 349A.05, is
amended to read:
349A.05 [RULES.]
The director may adopt rules, including emergency rules,
under chapter 14 governing the following elements of the lottery:
(1) the number and types of lottery retailers' locations;
(2) qualifications of lottery retailers and application
procedures for lottery retailer contracts;
(3) investigation of lottery retailer applicants;
(4) appeal procedures for denial, suspension, or
cancellation of lottery retailer contracts;
(5) compensation of lottery retailers;
(6) accounting for and deposit of lottery revenues by
lottery retailers;
(7) procedures for issuing lottery procurement contracts
and for the investigation of bidders on those contracts;
(8) payment of prizes;
(9) procedures needed to ensure the integrity and security
of the lottery; and
(10) other rules the director considers necessary for the
efficient operation and administration of the lottery.
Before adopting a rule the director shall submit the rule
to the board for its review and comment.
Sec. 83. Minnesota Statutes 1994, section 349A.06,
subdivision 2, is amended to read:
Subd. 2. [QUALIFICATIONS.] (a) The director may not
contract with a retailer who:
(1) is under the age of 18;
(2) is in business solely as a seller of lottery tickets;
(3) owes $500 or more in delinquent taxes as defined in
section 270.72;
(4) has been convicted within the previous five years of a
felony or gross misdemeanor, any crime involving fraud or
misrepresentation, or a gambling-related offense;
(5) is a member of the immediate family, residing in the
same household, as the director, board member, or any employee
of the lottery;
(6) in the director's judgment does not have the financial
stability or responsibility to act as a lottery retailer, or
whose contracting as a lottery retailer would adversely affect
the public health, welfare, and safety, or endanger the security
and integrity of the lottery; or
(7) is a currency exchange, as defined in section 53A.01.
A contract entered into before August 1, 1990, which
violates clause (7) may continue in effect until its expiration
but may not be renewed.
(b) An organization, firm, partnership, or corporation that
has a stockholder who owns more than five percent of the
business or the stock of the corporation, an officer, or
director, that does not meet the requirements of paragraph (a),
clause (4), is not eligible to be a lottery retailer under this
section.
(c) The restrictions under paragraph (a), clause (4), do
not apply to an organization, partnership, or corporation if the
director determines that the organization, partnership, or firm
has terminated its relationship with the individual whose
actions directly contributed to the disqualification under this
subdivision.
Sec. 84. Minnesota Statutes 1994, section 349A.08,
subdivision 5, is amended to read:
Subd. 5. [PAYMENT; UNCLAIMED PRIZES.] A prize in the state
lottery must be claimed by the winner within one year of the
date of the drawing at which the prize was awarded or the last
day sales were authorized for a game where a prize was
determined in a manner other than by means of a drawing. If a
valid claim is not made for a prize payable directly by the
lottery by the end of this period, the unclaimed prize money
must be added by the director to prize pools of subsequent
lottery games the prize money is considered unclaimed and the
winner of the prize shall have no further claim to the prize. A
prize won by a person who purchased the winning ticket in
violation of section 349A.12, subdivision 1, or won by a person
ineligible to be awarded a prize under subdivision 7 must be
treated as an unclaimed prize under this section. The director
shall transfer 70 percent of all unclaimed prize money at the
end of each fiscal year from the lottery cash flow account as
follows: of the 70 percent, 40 percent must be transferred to
the Minnesota environment and natural resources trust fund and
60 percent must be transferred to the general fund. The
remaining 30 percent of the unclaimed prize money must be added
by the director to prize pools of subsequent lottery games.
Sec. 85. Minnesota Statutes 1994, section 349A.08,
subdivision 7, is amended to read:
Subd. 7. [PAYMENTS PROHIBITED.] (a) No prize may be paid
to a member of the board, the director or an employee of the
lottery, or a member of their families residing in the same
household of the member, director, or employee. No prize may be
paid to an officer or employee of a vendor which at the time the
game or drawing was being conducted was involved with providing
goods or services to the lottery under a lottery procurement
contract.
(b) No prize may be paid for a stolen, altered, or
fraudulent ticket.
Sec. 86. Minnesota Statutes 1994, section 349A.10, is
amended by adding a subdivision to read:
Subd. 7. [TRANSFER OF CASH BALANCES.] (a) A lottery cash
flow account is created in the special revenue fund in the state
treasury. At the end of each week the director shall deposit in
the lottery cash flow account from the lottery fund and the
lottery prize fund all amounts that the director determines are
not required for immediate use in the lottery fund or the
lottery prize fund. The commissioner of finance shall credit to
the lottery cash flow account interest on all money deposited in
the lottery cash flow account under this subdivision.
(b) The director shall notify the commissioner of finance
whenever the director determines that money transferred under
paragraph (a) is required for the immediate use of the lottery
fund or the lottery prize fund. Upon receiving the notification
the commissioner shall transfer the amount identified in the
notification. Amounts necessary to make immediate payment for
expenses or prizes from the lottery fund or the prize fund are
appropriated from the lottery cash flow account to the director.
(c) The director shall notify the commissioner of finance
30 days after each month as to the amount of the net proceeds
that must be transferred under subdivision 5, and the director
shall notify the commissioner of finance 20 days after each
month as to the amount that must be transferred under section
297A.259, and as necessary the director shall notify the
commissioner of other amounts required by law to be transferred.
Sec. 87. Minnesota Statutes 1994, section 349A.11, is
amended to read:
349A.11 [CONFLICT OF INTEREST.]
(a) The director, a board member, an employee of the
lottery, a member of the immediate family of the director, board
member, or employee residing in the same household may not:
(1) purchase a lottery ticket;
(2) have any personal pecuniary interest in any vendor
holding a lottery procurement contract, or in any lottery
retailer; or
(3) receive any gift, gratuity, or other thing of value,
excluding food or beverage, from any lottery vendor or lottery
retailer, or person applying to be a retailer or vendor, in
excess of $100 in any calendar year.
(b) A violation of paragraph (a), clause (1), is a
misdemeanor. A violation of paragraph (a), clause (2), is a
gross misdemeanor. A violation of paragraph (a), clause (3), is
a misdemeanor unless the gift, gratuity, or other item of value
received has a value in excess of $500, in which case a
violation is a gross misdemeanor.
(c) The director or an unclassified employee of the lottery
may not, within one year of terminating employment with the
lottery, accept employment with, act as an agent or attorney
for, or otherwise represent any person, corporation, or entity
that had any lottery procurement contract or bid for a lottery
procurement contract with the lottery within a period of two
years prior to the termination of their employment. A violation
of this paragraph is a misdemeanor.
Sec. 88. Minnesota Statutes 1994, section 349A.12,
subdivision 4, is amended to read:
Subd. 4. [LOTTERY RETAILERS AND VENDORS.] A person who is
a lottery retailer, or is applying to be a lottery retailer, a
person applying for a contract with the director, or a person
under contract with the director to supply goods or services to
lottery may not pay, give, or make any economic opportunity,
gift, loan, gratuity, special discount, favor, hospitality, or
service, excluding food or beverage, having an aggregate value
of over $100 in any calendar year to the director, board member,
employee of the lottery, or to a member of the immediate family
residing in the same household as that person.
Sec. 89. Minnesota Statutes 1994, section 352.15,
subdivision 3, is amended to read:
Subd. 3. [DEDUCTING HEALTH INSURANCE PREMIUMS.] The board
may direct, at its discretion, the deduction of a retiree's
health or dental insurance premiums and transfer of the amounts
to a health or dental insurance carrier covering state
employees. The insurance carrier must certify that the retired
employee has signed an authorization for the deduction and
provide a computer readable roster of covered retirees and
amounts. The health or dental insurance carrier must refund
deductions withheld from a retiree's check in error directly to
the retiree. The board shall require the insurance carrier to
reimburse the fund for the administrative expense of withholding
the premium amounts. The insurance carrier shall assume
liability for any failure of the system to properly withhold the
premium amounts.
Sec. 90. Minnesota Statutes 1994, section 462.358,
subdivision 2b, is amended to read:
Subd. 2b. [DEDICATION.] The regulations may require that a
reasonable portion of any proposed subdivision be dedicated to
the public or preserved for public use as streets, roads,
sewers, electric, gas, and water facilities, storm water
drainage and holding areas or ponds and similar utilities and
improvements.
In addition, the regulations may require that a reasonable
portion of any proposed subdivision be dedicated to the public
or preserved for conservation purposes or for public use as
parks, recreational facilities as defined and outlined in
section 471.191, playgrounds, trails, wetlands, or open space;
provided that (a) the municipality may choose to accept an
equivalent amount in cash from the applicant for part or all of
the portion required to be dedicated to such public uses or
purposes based on the fair market value of the land no later
than at the time of final approval, (b) any cash payments
received shall be placed in a special fund by the municipality
used only for the purposes for which the money was obtained, (c)
in establishing the reasonable portion to be dedicated, the
regulations may consider the open space, park, recreational, or
common areas and facilities which the applicant proposes to
reserve for the subdivision, and (d) the municipality reasonably
determines that it will need to acquire that portion of land for
the purposes stated in this paragraph as a result of approval of
the subdivision.
Sec. 91. Laws 1991, chapter 235, article 5, section 3, is
amended to read:
Sec. 3. [REPEALER.]
Section 1, subdivision 2, is repealed effective July 1,
1995 1999.
Sec. 92. [VOLUNTARY UNPAID LEAVE OF ABSENCE.]
Appointing authorities in state government shall encourage
each employee to take an unpaid leave of absence for up to 160
hours during the period ending June 30, 1997. Each appointing
authority approving such a leave shall allow the employee to
continue accruing vacation and sick leave, be eligible for paid
holidays and insurance benefits, accrue seniority, and accrue
service credit in state retirement plans permitting service
credits for authorized leaves of absence as if the employee had
actually been employed during the time of the leave. If the
leave of absence is for one full pay period or longer, any
holiday pay shall be included in the first payroll warrant after
return from the leave of absence. The appointing authority
shall attempt to grant requests for unpaid leaves of absence
consistent with the need to continue efficient operation of the
agency. However, each appointing authority shall retain
discretion to grant or refuse to grant requests for leaves of
absence and to schedule and cancel leaves, subject to applicable
provisions of collective bargaining agreements and compensation
plans. Any cost savings resulting from this section cancel to
the fund from which the money was saved. It is anticipated that
this section will result in savings to the general fund of
$400,000 in each year of the biennium ending June 30, 1997.
Sec. 93. [SPENDING LIMITATION ON CONTRACTS.]
(a) During the biennium ending June 30, 1997, the aggregate
amount spent by all departments or agencies defined in Minnesota
Statutes, section 15.91, subdivision 1, on professional or
technical service contracts may not exceed 95 percent of the
aggregate amount these departments or agencies spent on these
contracts during the biennium from July 1, 1993, to June 30,
1995. For purposes of this section, professional or technical
service contracts are as defined in Minnesota Statutes, section
16B.17, but do not include contracts for highway construction or
maintenance, contracts between state agencies, contracts paid
for from insurance trust funds, gift and deposit funds, capital
projects funds, or federal funds, contracts with private
collection agencies, contracts that are entered into in
connection with the agency's distribution of grant funds, or
contracts entered into under Minnesota Statutes, section
16B.35. The governor or a designated official must limit or
disapprove proposed contracts as necessary to comply with this
section.
(b) During the biennium ending June 30, 1997, the amount
spent by (1) the house of representatives; (2) the senate; and
(3) the legislative coordinating commission and all groups under
its jurisdiction, from direct-appropriated funds on professional
or technical service contracts may not exceed 95 percent of the
amount spent on these contracts from direct-appropriated funds
during the biennium from July 1, 1993, to June 30, 1995. Each
entity listed in clauses (1), (2), and (3) of this paragraph
must be treated separately for purposes of determining
compliance with this paragraph, except that the legislative
coordinating commission and all groups under its jurisdiction
must be treated as one unit. For purposes of this paragraph,
"professional or technical service contract" has the meaning
defined in section 16B.17, but does not include contracts for
actuarial services entered into by the legislative commission on
pensions and retirement, or contracts with other legislative or
state executive agencies. The house of representatives
committee on rules and legislative administration, the senate
committee on rules and administration, and the legislative
coordinating commission must each determine the amount of the
reduction to be made under this paragraph.
Sec. 94. [AGENCY EXAMINATION.]
During the interim between the 1995 and 1996 regular
sessions, the state government finance divisions of the senate
and house of representatives shall conduct a thorough review of
the operation and financing of the following state agencies:
the departments of administration, finance, revenue, and human
rights, the board of the arts, and the Minnesota amateur sports
commission. The agencies shall make their books, records,
documents, accounting procedures, and practices available for
examination by the divisions and division staff. Agency
personnel shall assist the divisions and division staff to
develop a better understanding of how the agencies operate.
Sec. 95. [HEARINGS.]
The senate and house of representatives shall give full
hearings during the 1996 regular session to issues related to
the project in section 71.
Sec. 96. [REVISOR INSTRUCTION.]
The revisor of statutes shall change the term "account,"
where it refers to the petroleum tank release cleanup account,
to "fund" in the following sections of Minnesota Statutes:
115B.26, 115C.03, 115C.08, 115C.09, 115C.10, 115C.11, 115E.11,
and 135A.045, and in the headnote of section 115C.08.
Sec. 97. [REPEALER.]
(a) Section 64 (43A.211) is repealed July 1, 1999.
(b) Minnesota Statutes 1994, section 115C.02, subdivision
1a, is repealed.
(c) Minnesota Statutes 1994, sections 349A.01, subdivision
2, and 349A.02, subdivision 8, are repealed.
Sec. 98. [EFFECTIVE DATES.]
Subdivision 1. [REVISOR.] Section 38 is effective July 1,
1997.
Subd. 2. [1995 APPROPRIATIONS.] Section 34 is effective
the day following final enactment.
Subd. 3. [AMATEUR SPORTS COMMISSION.] Sections 76, 77, and
90 are effective the day following final enactment.
Subd. 4. [RETIRED EMPLOYEES.] Section 66 applies to people
who retire on or after the effective date of that section.
Subd. 5. [PULL-TAB.] Section 78 is effective the day
following final enactment.
Subd. 6. [UNCLAIMED PRIZES.] Section 84 is effective the
day following final enactment and applies to unclaimed prize
money not then committed to a prize pool.
ARTICLE 2
BUILDING CODE
Section 1. Minnesota Statutes 1994, section 16B.59, is
amended to read:
16B.59 [STATE BUILDING CODE; POLICY AND PURPOSE.]
The state building code governs the construction,
reconstruction, alteration, and repair of state-owned buildings
and other structures to which the code is applicable. The
commissioner shall administer and amend a state code of building
construction which will provide basic and uniform performance
standards, establish reasonable safeguards for health, safety,
welfare, comfort, and security of the residents of this state
and provide for the use of modern methods, devices, materials,
and techniques which will in part tend to lower construction
costs. The construction of buildings should be permitted at the
least possible cost consistent with recognized standards of
health and safety.
Sec. 2. Minnesota Statutes 1994, section 16B.60,
subdivision 1, is amended to read:
Subdivision 1. [SCOPE.] For the purposes of sections
16B.59 to 16B.73 16B.75, the terms defined in this section have
the meanings given them.
Sec. 3. Minnesota Statutes 1994, section 16B.60,
subdivision 4, is amended to read:
Subd. 4. [CODE.] "Code" means the state building code
adopted by the commissioner in accordance with sections 16B.59
to 16B.73 16B.75.
Sec. 4. Minnesota Statutes 1994, section 16B.61,
subdivision 1, is amended to read:
Subdivision 1. [ADOPTION OF CODE.] Subject to sections
16B.59 to 16B.73 16B.75, the commissioner shall by rule
establish a code of standards for the construction,
reconstruction, alteration, and repair of state-owned buildings,
governing matters of structural materials, design and
construction, fire protection, health, sanitation, and safety.
The code must conform insofar as practicable to model building
codes generally accepted and in use throughout the United
States. In the preparation of the code, consideration must be
given to the existing statewide specialty codes presently in use
in the state. Model codes with necessary modifications and
statewide specialty codes may be adopted by reference. The code
must be based on the application of scientific principles,
approved tests, and professional judgment. To the extent
possible, the code must be adopted in terms of desired results
instead of the means of achieving those results, avoiding
wherever possible the incorporation of specifications of
particular methods or materials. To that end the code must
encourage the use of new methods and new materials. Except as
otherwise provided in sections 16B.59 to 16B.73 16B.75, the
commissioner shall administer and enforce the provisions of
those sections.
Sec. 5. Minnesota Statutes 1994, section 16B.61,
subdivision 2, is amended to read:
Subd. 2. [ENFORCEMENT BY CERTAIN BODIES.] Under the
direction and supervision of the commissioner, the provisions of
the code relating to electrical installations shall be enforced
by the state board of electricity, pursuant to the Minnesota
electrical act, the provisions relating to plumbing shall be
enforced by the commissioner of health, the provisions relating
to fire protection the Minnesota uniform fire code shall be
enforced by the state fire marshal, the provisions relating to
high pressure steam piping and appurtenances and elevators shall
be enforced by the department of labor and industry, and the
code as applied to public school buildings shall be enforced by
the state board of education. Fees for inspections conducted by
the state board of electricity shall be paid in accordance with
the rules of the state board of electricity.
Sec. 6. Minnesota Statutes 1994, section 16B.61,
subdivision 5, is amended to read:
Subd. 5. [ACCESSIBILITY.] (a) [PUBLIC BUILDINGS.] The
code must provide for making public buildings constructed or
remodeled after July 1, 1963, accessible to and usable by
physically handicapped persons, although this does not require
the remodeling of public buildings solely to provide
accessibility and usability to the physically handicapped when
remodeling would not otherwise be undertaken.
(b) [LEASED SPACE.] No agency of the state may lease space
for agency operations in a non-state-owned building unless the
building satisfies the requirements of the state building code
for accessibility by the physically handicapped, or is eligible
to display the state symbol of accessibility. This limitation
applies to leases of 30 days or more for space of at least 1,000
square feet.
(c) [MEETINGS OR CONFERENCES.] Meetings or conferences for
the public or for state employees which are sponsored in whole
or in part by a state agency must be held in buildings that meet
the state building code requirements relating to accessibility
for physically handicapped persons. This subdivision does not
apply to any classes, seminars, or training programs offered by
a state university, the University of Minnesota, or a state
community college. Meetings or conferences intended for
specific individuals none of whom need the accessibility
features for handicapped persons specified in the state building
code need not comply with this subdivision unless a handicapped
person gives reasonable advance notice of an intent to attend
the meeting or conference. When sign language interpreters will
be provided, meetings or conference sites must be chosen which
allow hearing impaired participants to see their signing clearly.
(d) [EXEMPTIONS.] The commissioner may grant an exemption
from the requirements of paragraphs (b) and (c) in advance if an
agency has demonstrated that reasonable efforts were made to
secure facilities which complied with those requirements and if
the selected facilities are the best available for access for
handicapped persons. Exemptions shall be granted using criteria
developed by the commissioner in consultation with the council
on disability.
(e) [SYMBOL INDICATING ACCESS.] The wheelchair symbol
adopted by Rehabilitation International's Eleventh World
Congress is the state symbol indicating buildings, facilities,
and grounds which are accessible to and usable by handicapped
persons. In the interests of uniformity, this symbol in its
white on blue format is the sole symbol for display in or on all
public or private buildings, facilities, and grounds which
qualify for its use. The secretary of state shall obtain the
symbol and keep it on file. No building, facility, or grounds
may display the symbol unless it is in compliance with the rules
adopted by the commissioner under subdivision 1. Before any
rules are proposed for adoption under this paragraph, the
commissioner shall consult with the council on disability.
Rules adopted under this paragraph must be enforced in the same
way as other accessibility rules of the state building code.
(f) [MUNICIPAL ENFORCEMENT.] Municipalities which have not
adopted the state building code may enforce the building code
requirements for handicapped persons by either entering into a
joint powers agreement for enforcement with another municipality
which has adopted the state building code; or contracting for
enforcement with an individual certified under section 16B.65,
subdivision 3, to enforce the state building code.
(g) [EQUIPMENT ALLOWED.] The code must allow the use of
vertical wheelchair lifts and inclined stairway wheelchair lifts
in public buildings. An inclined stairway wheelchair lift must
be equipped with light or sound signaling device for use during
operation of the lift. The stairway or ramp shall be marked in
a bright color that clearly indicates the outside edge of the
lift when in operation. The code shall not require a guardrail
between the lift and the stairway or ramp. Compliance with this
provision by itself does not mean other handicap accessibility
requirements have been met.
Sec. 7. Minnesota Statutes 1994, section 16B.63,
subdivision 3, is amended to read:
Subd. 3. [POWERS AND DUTIES.] The state building official
may, with the approval of the commissioner, employ personnel
necessary to carry out the inspector's function under sections
16B.59 to 16B.73 16B.75. The state building official shall
distribute without charge one copy of the code to each
municipality within the state. Additional copies shall be made
available to municipalities and interested parties for a fee
prescribed by the commissioner. The state building official
shall perform other duties in administering the code assigned by
the commissioner.
Sec. 8. Minnesota Statutes 1994, section 16B.65,
subdivision 1, is amended to read:
Subdivision 1. [APPOINTMENTS.] The governing body of each
municipality shall, unless other means are already provided,
appoint a person building official to administer the code who
shall be known as a building official. Two or more
municipalities may combine in the appointment of a single
building official for the purpose of administering the
provisions of the code within their communities. In those
municipalities for which no building officials have been
appointed, the state building inspector, with the approval of
the commissioner, may appoint building officials to serve until
the municipalities have made an appointment. If unable to make
an appointment, the state building inspector may use whichever
state employees or state agencies are necessary to perform the
duties of the building official. All costs incurred by virtue
of an appointment by the state building inspector or services
rendered by state employees must be borne by the involved
municipality. Receipts arising from the appointment must be
paid into the state treasury and credited to the general fund.
Sec. 9. Minnesota Statutes 1994, section 16B.65,
subdivision 3, is amended to read:
Subd. 3. [CERTIFICATION.] The commissioner shall:
(1) prepare and conduct written and practical examinations
to determine if a person is qualified pursuant to subdivision 2
to be a building official;
(2) accept documentation of successful completion of
testing programs developed by nationally recognized testing
agencies, as proof of qualification pursuant to subdivision 2;
or
(3) determine qualifications by both clauses (1) and (2).
Upon a determination of qualification under clause (1),
(2), or both of them, the commissioner shall issue a certificate
to the building official stating that the official is
certified. Each person applying for examination and
certification pursuant to this section shall pay a nonrefundable
fee of $70. The commissioner or a designee may establish
classes of certification that will recognize the varying
complexities of code enforcement in the municipalities within
the state. Except as provided by subdivision 2, no person may
act as a building official for a municipality unless the
commissioner determines that the official is qualified. The
commissioner shall provide educational programs designed to
train and assist building officials in carrying out their
responsibilities.
The department of employee relations may, at the request of
the commissioner, provide statewide testing services.
Sec. 10. Minnesota Statutes 1994, section 16B.65,
subdivision 4, is amended to read:
Subd. 4. [DUTIES.] Building officials shall, in the
municipality for which they are appointed, attend to all aspects
of code administration for which they are certified, including
the issuance of all building permits and the inspection of all
manufactured home installations. The commissioner may direct a
municipality with a building official to perform services for
another municipality, and in that event the municipality being
served shall pay the municipality rendering the services the
reasonable costs of the services. The costs may be subject to
approval by the commissioner.
Sec. 11. Minnesota Statutes 1994, section 16B.65,
subdivision 7, is amended to read:
Subd. 7. [CONTINUING EDUCATION.] Subject to sections
16B.59 to 16B.73 16B.75, the commissioner may by rule establish
or approve continuing education programs for municipal building
officials dealing with matters of building code administration,
inspection, and enforcement.
Effective January 1, 1985, each person certified as a
building official for the state must satisfactorily complete
applicable educational programs established or approved by the
commissioner every three calendar years to retain certification.
Each person certified as a state building official must
submit in writing to the commissioner an application for renewal
of certification within 60 days of the last day of the third
calendar year following the last certificate issued. Each
application for renewal must be accompanied by proof of
satisfactory completion of minimum continuing education
requirements and the certification renewal fee established by
the commissioner.
For persons certified prior to January 1, 1985, the first
three-year period commences January 1, 1985.
Sec. 12. Minnesota Statutes 1994, section 16B.67, is
amended to read:
16B.67 [APPEALS.]
A person aggrieved by the final decision of any
municipality as to the application of the code, including any
rules adopted under sections 471.465 to 471.469, may, within 180
days of the decision, appeal to the commissioner. Appellant
shall submit a nonrefundable fee of $70, payable to the
commissioner, with the request for appeal. An appeal must be
heard as a contested case under chapter 14. The commissioner
shall submit written findings to the parties. The party not
prevailing shall pay the costs of the contested case hearing,
including fees charged by the office of administrative hearings
and the expense of transcript preparation. Costs under this
section do not include attorney fees. Any person aggrieved by a
ruling of the commissioner may appeal in accordance with chapter
14. For the purpose of this section "any person aggrieved"
includes the council on disability. No fee or costs shall be
required when the council on disability is the appellant.
Sec. 13. Minnesota Statutes 1994, section 16B.70, is
amended to read:
16B.70 [SURCHARGE.]
Subdivision 1. [COMPUTATION.] To defray the costs of
administering sections 16B.59 to 16B.73 16B.75, a surcharge is
imposed on all permits issued by municipalities in connection
with the construction of or addition or alteration to buildings
and equipment or appurtenances after June 30, 1971, as follows:
If the fee for the permit issued is fixed in amount the
surcharge is equivalent to one-half mill (.0005) of the fee or
50 cents, whichever amount is greater. For all other permits,
the surcharge is as follows:
(1) if the valuation of the structure, addition, or
alteration is $1,000,000 or less, the surcharge is equivalent to
one-half mill (.0005) of the valuation of the structure,
addition, or alteration;
(2) if the valuation is greater than $1,000,000, the
surcharge is $500 plus two-fifths mill (.0004) of the value
between $1,000,000 and $2,000,000;
(3) if the valuation is greater than $2,000,000, the
surcharge is $900 plus three-tenths mill (.0003) of the value
between $2,000,000 and $3,000,000;
(4) if the valuation is greater than $3,000,000, the
surcharge is $1,200 plus one-fifth mill (.0002) of the value
between $3,000,000 and $4,000,000;
(5) if the valuation is greater than $4,000,000, the
surcharge is $1,400 plus one-tenth mill (.0001) of the value
between $4,000,000 and $5,000,000; and
(6) if the valuation exceeds $5,000,000, the surcharge is
$1,500 plus one-twentieth mill (.00005) of the value that
exceeds $5,000,000.
Subd. 2. [COLLECTION AND REPORTS.] All permit surcharges
must be collected by each municipality and a portion of them
remitted to the state. Each municipality having a population
greater than 20,000 people shall prepare and submit to the
commissioner once a month a report of fees and surcharges on
fees collected during the previous month but shall retain the
greater of two percent or that amount collected up to $25 to
apply against the administrative expenses the municipality
incurs in collecting the surcharges. All other municipalities
shall submit the report and surcharges on fees once a quarter
but shall retain the greater of four percent or that amount
collected up to $25 to apply against the administrative expenses
the municipalities incur in collecting the surcharges. The
report, which must be in a form prescribed by the commissioner,
must be submitted together with a remittance covering the
surcharges collected by the 15th day following the month or
quarter in which the surcharges are collected. All surcharges
and other fees prescribed by sections 16B.59 to 16B.73 16B.75,
which are payable to the state, must be paid to the commissioner
who shall deposit them in the state treasury for credit to the
general a special revenue fund.
Sec. 14. [APPROPRIATION.]
$1,000,000 in fiscal year 1996 and $1,000,000 in fiscal
year 1997 is appropriated from the special revenue fund for
transfer by the commissioner of finance to the general fund.
ARTICLE 3
ZONING
Section 1. Minnesota Statutes 1994, section 366.10, is
amended to read:
366.10 [ZONING REGULATIONS.]
The board of supervisors may submit to the legal voters of
the town at an annual or special town meeting, the question
whether the board shall adopt building land use and zoning
regulations and restrictions in the town. The board in a town
which has within its borders a hospital established in
accordance with Laws 1955, chapter 227, may submit to the voters
at an annual or special town meeting, the question whether the
board shall adopt building land use and zoning regulations and
restrictions in the town regulating the type of buildings that
may be built or occupations carried on within a radius of
one-half mile of the hospital.
Sec. 2. Minnesota Statutes 1994, section 366.12, is
amended to read:
366.12 [REGULATIONS.]
If a majority of the voters voting on the question vote
"Yes," the town board may regulate:
(1) the location, height, bulk, number of stories, size of
buildings and other structures,
(2) the location of roads and schools,
(3) the percentage of lot which may be occupied,
(4) the sizes of yards and other open spaces,
(5) the density and distribution of population,
(6) the uses of buildings and structures for trade,
industry, residence, recreation, public activities, or other
purposes, and
(7) the uses of lands for trade, industry, residence,
recreation, agriculture, forestry, soil conservation, water
supply conservation, or other purposes.
To carry out this section it shall issue building land use or
zoning permits or approvals. It shall be unlawful to erect,
establish, alter, enlarge, use, occupy, or maintain a building,
structure, improvement, or premises without having a building
land use or zoning permit or approval.
Before adopting a regulation under this section the board
shall hold a public hearing on the matter with notice as
provided in section 366.15.
This section is subject to section 366.13.
Sec. 3. Minnesota Statutes 1994, section 366.16, is
amended to read:
366.16 [TOWN BUILDING ZONING COMMISSIONER.]
The town board may enforce the regulations by withholding
building land use or zoning permits or approvals, building
permits issued under sections 16B.59 to 16B.75, or other permits
or approvals. For the purposes of sections 366.10 to 366.18, it
may establish the position of town building zoning commissioner
and fix its compensation. If a building or structure is or is
proposed to be erected, constructed, reconstructed, altered, or
used or any land is or is proposed to be used in violation of
sections 366.10 to 366.18 or a regulation or provision enacted
or adopted by the board under sections 366.10 to 366.18, the
board, the attorney of the county where the town is situated,
the town attorney, the town building zoning commissioner, or any
adjacent or neighboring property owner may institute any
appropriate action to prevent, enjoin, abate, or remove the
unlawful erection, construction, reconstruction, alteration,
maintenance, or use.
Sec. 4. Minnesota Statutes 1994, section 394.33,
subdivision 2, is amended to read:
Subd. 2. The board of supervisors of any town which has
adopted or desires to adopt building and zoning regulations and
restrictions pursuant to law shall have the authority granted
the governing body of any municipality as provided in section
394.32.
Sec. 5. Minnesota Statutes 1994, section 394.361,
subdivision 3, is amended to read:
Subd. 3. After an official map has been adopted and filed,
the issuance of building land use or zoning permits or approvals
by the county shall be subject to the provisions of this section.
Whenever any street or highway is widened or improved or any new
street is opened, or interests in lands for other public
purposes are acquired by the county, it is not required in such
proceedings to pay for any building or structure placed without
a permit or approval or in violation of conditions of a
permit or approval within the limits of the mapped street or
highway or outside of any building line that may have been
established upon the existing street or within any area thus
identified for public purposes. The adoption of official maps
does not give the county any right, title or interest in areas
identified for public purposes thereon, but the adoption of a
map does authorize the county to acquire such interests without
paying compensation for buildings or structures erected in such
areas without a permit or approval or in violation of the
conditions of a permit or approval. The provisions of this
subdivision shall not apply to buildings or structures in
existence prior to the filing of the official map.
Sec. 6. Minnesota Statutes 1994, section 462.358,
subdivision 2a, is amended to read:
Subd. 2a. [TERMS OF REGULATIONS.] The standards and
requirements in the regulations may address without limitation:
the size, location, grading, and improvement of lots,
structures, public areas, streets, roads, trails, walkways,
curbs and gutters, water supply, storm drainage, lighting,
sewers, electricity, gas, and other utilities; the planning and
design of sites; access to solar energy; and the protection and
conservation of flood plains, shore lands, soils, water,
vegetation, energy, air quality, and geologic and ecologic
features. The regulations shall require that subdivisions be
consistent with the municipality's official map if one exists
and its zoning ordinance, and may require consistency with other
official controls and the comprehensive plan. The regulations
may prohibit certain classes or kinds of subdivisions in areas
where prohibition is consistent with the comprehensive plan and
the purposes of this section, particularly the preservation of
agricultural lands. The regulations may prohibit, restrict or
control development for the purpose of protecting and assuring
access to direct sunlight for solar energy systems. The
regulations may prohibit, restrict, or control surface, above
surface, or subsurface development for the purpose of protecting
subsurface areas for existing or potential mined underground
space development pursuant to sections 469.135 to 469.141, and
access thereto. The regulations may prohibit the issuance of
building permits or approvals for any tracts, lots, or parcels
for which required subdivision approval has not been obtained.
The regulations may permit the municipality to condition
its approval on the construction and installation of sewers,
streets, electric, gas, drainage, and water facilities, and
similar utilities and improvements or, in lieu thereof, on the
receipt by the municipality of a cash deposit, certified check,
irrevocable letter of credit, or bond in an amount and with
surety and conditions sufficient to assure the municipality that
the utilities and improvements will be constructed or installed
according to the specifications of the municipality. Sections
471.345 and 574.26 do not apply to improvements made by a
subdivider or a subdivider's contractor.
The regulations may permit the municipality to condition
its approval on compliance with other requirements reasonably
related to the provisions of the regulations and to execute
development contracts embodying the terms and conditions of
approval. The municipality may enforce such agreements and
conditions by appropriate legal and equitable remedies.
Sec. 7. Minnesota Statutes 1994, section 462.358,
subdivision 9, is amended to read:
Subd. 9. [UNPLATTED PARCELS.] Subdivision regulations
adopted by municipalities may apply to parcels which are taken
from existing parcels of record by metes and bounds
descriptions, and the governing body or building authority may
deny the issuance of building permits or approvals, building
permits issued under sections 16B.59 to 16B.75, or other permits
or approvals to any parcels so divided, pending compliance with
subdivision regulations.
Sec. 8. Minnesota Statutes 1994, section 462.359,
subdivision 4, is amended to read:
Subd. 4. [APPEALS.] If a land use or zoning permit or
approval for a building in such location is denied, the board of
appeals and adjustments shall have the power, upon appeal filed
with it by the owner of the land, to grant a permit or approval
for building in such location in any case in which the board
finds, upon the evidence and the arguments presented to it, (a)
that the entire property of the appellant of which such area
identified for public purposes forms a part cannot yield a
reasonable return to the owner unless such a permit or approval
is granted, and (b) that balancing the interest of the
municipality in preserving the integrity of the official map and
of the comprehensive municipal plan and the interest of the
owner of the property in the use of the property and in the
benefits of ownership, the grant of such permit or approval is
required by considerations of justice and equity. In addition
to the notice of hearing required by section 462.354,
subdivision 2, a notice shall be published in the official
newspaper once at least ten days before the day of the hearing.
If the board of appeals and adjustments authorizes the issuance
of a permit or approval the governing body or other board or
commission having jurisdiction shall have six months from the
date of the decision of the board to institute proceedings to
acquire such land or interest therein, and if no such
proceedings are started within that time, the officer
responsible for issuing building permits or approvals shall
issue the permit or approval if the application otherwise
conforms to local ordinances. The board shall specify the exact
location, ground area, height and other details as to the extent
and character of the building for which the permit or approval
is granted.
ARTICLE 4
INTERSTATE COMPACT
Section 1. Minnesota Statutes 1994, section 16B.75, is
amended to read:
16B.75 [INTERSTATE COMPACT ON INDUSTRIALIZED/MODULAR
BUILDINGS.]
The state of Minnesota ratifies and approves the following
compact:
INTERSTATE COMPACT ON INDUSTRIALIZED/MODULAR BUILDINGS
ARTICLE I
FINDINGS AND DECLARATIONS OF POLICY
(1) The compacting states find that:
(a) Industrialized/modular buildings are constructed in
factories in the various states and are a growing segment of the
nation's affordable housing and commercial building stock.
(b) The regulation of industrialized/modular buildings
varies from state to state and locality to locality, which
creates confusion and burdens state and local building officials
and the industrialized/modular building industry.
(c) Regulation by multiple jurisdictions imposes additional
costs, which are ultimately borne by the owners and users of
industrialized/modular buildings, restricts market access and
discourages the development and incorporation of new
technologies.
(2) It is the policy of each of the compacting states to:
(a) Provide the states which regulate the design and
construction of industrialized/modular buildings with a program
to coordinate and uniformly adopt and administer the states'
rules and regulations for such buildings, all in a manner to
assure interstate reciprocity.
(b) Provide to the United States Congress assurances that
would preclude the need for a voluntary preemptive federal
regulatory system for modular housing, as outlined in Section
572 of the Housing and Community Development Act of 1987,
including development of model standards for modular housing
construction, such that design and performance will insure
quality, durability and safety; will be in accordance with
life-cycle cost-effective energy conservation standards; all to
promote the lowest total construction and operating costs over
the life of such housing.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly
requires otherwise:
(1) "Commission" means the interstate
industrialized/modular buildings commission.
(2) "Industrialized/modular building" means any building
which is of closed construction, i.e. constructed in such a
manner that concealed parts or processes of manufacture cannot
be inspected at the site, without disassembly, damage or
destruction, and which is made or assembled in manufacturing
facilities, off the building site, for installation, or assembly
and installation, on the building site. "Industrialized/modular
building" includes, but is not limited to, modular housing which
is factory-built single-family and multifamily housing
(including closed wall panelized housing) and other modular,
nonresidential buildings. "Industrialized/modular building"
does not include any structure subject to the requirements of
the National Manufactured Home Construction and Safety Standards
Act of 1974.
(3) "Interim reciprocal agreement" means a formal
reciprocity agreement between a noncompacting state wherein the
noncompacting state agrees that labels evidencing compliance
with the model rules and regulations for industrialized/modular
buildings, as authorized in Article VIII, section (9), shall be
accepted by the state and its subdivisions to permit
installation and use of industrialized/modular buildings.
Further, the noncompacting state agrees that by legislation or
regulation, and appropriate enforcement by uniform
administrative procedures, the noncompacting state requires all
industrialized/modular building manufacturers within that state
to comply with the model rules and regulations for
industrialized/modular buildings.
(4) "State" means a state of the United States, territory
or possession of the United States, the District of Columbia, or
the Commonwealth of Puerto Rico.
(5) "Uniform administrative procedures" means the
procedures adopted by the commission (after consideration of any
recommendations from the rules development committee) which
state and local officials, and other parties, in one state, will
utilize to assure state and local officials, and other parties,
in other states, of the substantial compliance of
industrialized/modular building construction with the
construction standard of requirements of such other states; to
assess the adequacy of building systems; and to verify and
assure the competency and performance of evaluation and
inspection agencies.
(6) "Model rules and regulations for industrialized/modular
buildings" means the construction standards adopted by the
commission (after consideration of any recommendations from the
rules development committee) which govern the design,
manufacture, handling, storage, delivery and installation of
industrialized/modular buildings and building components. The
construction standards and any amendments thereof shall conform
insofar as practicable to model building codes and referenced
standards generally accepted and in use throughout the United
States.
ARTICLE III
CREATION OF COMMISSION
The compacting states hereby create the Interstate
Industrialized/Modular Buildings Commission, hereinafter called
commission. Said commission shall be a body corporate of each
compacting state and an agency thereof. The commission shall
have all the powers and duties set forth herein and such
additional powers as may be conferred upon it by subsequent
action of the respective legislatures of the compacting states.
ARTICLE IV
SELECTION OF COMMISSIONERS
The commission shall be selected as follows. As each state
becomes a compacting state, one resident shall be appointed as
commissioner. The commissioner shall be selected by the
governor of the compacting state, being designated from the
state agency charged with regulating industrialized/modular
buildings or, if such state agency does not exist, being
designated from among those building officials with the most
appropriate responsibilities in the state. The commissioner may
designate another official as an alternate to act on behalf of
the commissioner at commission meetings which the commissioner
is unable to attend.
Each state commissioner shall be appointed, suspended, or
removed and shall serve subject to and in accordance with the
laws of the state which said commissioner represents; and each
vacancy occurring shall be filled in accordance with the laws of
the state wherein the vacancy exists.
When For every three state commissioners that have been
appointed in the manner described, those state commissioners
shall select one additional commissioner who shall be a
representative of manufacturers of industrial- residential- or
commercial-use industrialized/modular buildings. When For every
six state commissioners that have been appointed in the manner
described, the state commissioners shall select a second one
additional commissioner who shall be a representative of
consumers of industrialized/modular buildings. With each
addition of three state commissioners, the state commissioners
shall appoint one additional representative commissioner,
alternating between a representative of manufacturers of
industrialized/modular buildings and consumers of
industrialized/modular buildings. The ratio between state
commissioners and representative commissioners shall be three to
one. In the event states withdraw from the compact or, for any
other reason, the number of state commissioners is reduced, the
state commissioners shall remove the last added representative
commissioner as necessary to maintain a the ratio of state
commissioners to representative commissioners of three to
one described herein.
Upon a majority vote of the state commissioners, the state
commissioners may remove, fill a vacancy created by, or replace
any representative commissioner, provided that any replacement
is made from the same representative group and a three to one
ratio the ratio described herein is maintained. Unless provided
otherwise, the representative commissioners have the same
authority and responsibility as the state commissioners.
In addition, the commission may have as a member one
commissioner representing the United States government if
federal law authorizes such representation. Such commissioner
shall not vote on matters before the commission. Such
commission commissioner shall be appointed by the President of
the United States, or in such other manner as may be provided by
Congress.
ARTICLE V
VOTING
Each commissioner (except the commissioner representing the
United States government) shall be entitled to one vote on the
commission. A majority of the commissioners shall constitute a
quorum for the transaction of business. Any business transacted
at any meeting of the commission must be by affirmative vote of
a majority of the quorum present and voting.
ARTICLE VI
ORGANIZATION AND MANAGEMENT
The commission shall elect annually, from among its
members, a chairman, a vice chairman and a treasurer. The
commission shall also select a secretariat, which shall provide
an individual who shall serve as secretary of the commission.
The commission shall fix and determine the duties and
compensation of the secretariat. The commissioners shall serve
without compensation, but shall be reimbursed for their actual
and necessary expenses from the funds of the commission.
The commission shall adopt a seal.
The commission shall adopt bylaws, rules, and regulations
for the conduct of its business, and shall have the power to
amend and rescind these bylaws, rules, and regulations.
The commission shall establish and maintain an office at
the same location as the office maintained by the secretariat
for the transaction of its business and may meet at any time,
but in any event must meet at least once a year. The chairman
may call additional meetings and upon the request of a majority
of the commissioners of three or more of the compacting states
shall call an additional meeting.
The commission annually shall make the governor and
legislature of each compacting state a report covering its
activities for the preceding year. Any donation or grant
accepted by the commission or services borrowed shall be
reported in the annual report of the commission and shall
include the nature, amount and conditions, if any, of the
donation, gift, grant or services borrowed and the identity of
the donor or lender. The commission may make additional reports
as it may deem desirable.
ARTICLE VII
COMMITTEES
The commission will establish such committees as it deems
necessary, including, but not limited to, the following:
(1) An executive committee which functions when the full
commission is not meeting, as provided in the bylaws of the
commission. The executive committee will ensure that proper
procedures are followed in implementing the commission's
programs and in carrying out the activities of the compact. The
executive committee shall be elected by vote of the commission.
It shall be comprised of at least three and no more than nine
commissioners, selected from those commissioners who are
representatives of the governor of their respective state the
state commissioners and one member of the industry commissioners
and one member of the consumer commissioners.
(2) A rules development committee appointed by the
commission. The committee shall be consensus-based and consist
of not less than seven nor more than 21 members. Committee
members will include state building regulatory officials;
manufacturers of industrialized/modular buildings; private,
third-party inspection agencies; and consumers. This committee
may recommend procedures which state and local officials, and
other parties, in one state, may utilize to assure state and
local officials, and other parties, in other states, of the
substantial compliance of industrialized/modular building
construction with the construction standard requirements of such
other states; to assess the adequacy of building systems; and to
verify and assure the competency and performance of evaluation
and inspection agencies. This committee may also recommend
construction standards for the design, manufacture, handling,
storage, delivery and installation of industrialized/modular
buildings and building components. The committee will submit
its recommendations to the commission, for the commission's
consideration in adopting and amending the uniform
administrative procedures and the model rules and regulations
for industrialized/modular buildings. The committee may also
review the regulatory programs of the compacting states to
determine whether those programs are consistent with the uniform
administrative procedures or the model rules and regulations for
industrialized/modular buildings and may make recommendations
concerning the states' programs to the commission. In carrying
out its functions, the rules committee may conduct public
hearings and otherwise solicit public input and comment.
(3) Any other advisory, coordinating or technical
committees, membership on which may include private persons,
public officials, associations or organizations. Such
committees may consider any matter of concern to the commission.
(4) Such additional committees as the commission's bylaws
may provide.
ARTICLE VIII
POWER AND AUTHORITY
In addition to the powers conferred elsewhere in this
compact, the commission shall have power to:
(1) Collect, analyze and disseminate information relating
to industrialized/modular buildings.
(2) Undertake studies of existing laws, codes, rules and
regulations, and administrative practices of the states relating
to industrialized/modular buildings.
(3) Assist and support committees and organizations which
promulgate, maintain and update model codes or recommendations
for uniform administrative procedures or model rules and
regulations for industrialized/modular buildings.
(4) Adopt and amend uniform administrative procedures and
model rules and regulations for industrialized/modular buildings.
(5) Make recommendations to compacting states for the
purpose of bringing such states' laws, codes, rules and
regulations and administrative practices into conformance with
the uniform administrative procedures or the model rules and
regulations for industrialized/modular buildings, provided that
such recommendations shall be made to the appropriate state
agency with due consideration for the desirability of uniformity
while also giving appropriate consideration to special
circumstances which may justify variations necessary to meet
unique local conditions.
(6) Assist and support the compacting states with
monitoring of plan review programs and inspection programs,
which will assure that the compacting states have the benefit of
uniform industrialized/modular building plan review and
inspection programs.
(7) Assist and support organizations which train state and
local government and other program personnel in the use of
uniform industrialized/modular building plan review and
inspection programs.
(8) Encourage and promote coordination of state regulatory
action relating to manufacturers, public or private inspection
programs.
(9) Create and sell labels to be affixed to
industrialized/modular building units, constructed in or
regulated by compacting states, where such labels will evidence
compliance with the model rules and regulations for
industrialized/modular buildings, enforced in accordance with
the uniform administrative procedures. The commission may use
receipts from the sale of labels to help defray the operating
expenses of the commission.
(10) Assist and support compacting states' investigations
into and resolutions of consumer complaints which relate to
industrialized/modular buildings constructed in one compacting
state and sited in another compacting state.
(11) Borrow, accept or contract for the services of
personnel from any state or the United States or any subdivision
or agency thereof, from any interstate agency, or from any
institution, association, person, firm or corporation.
(12) Accept for any of its purposes and functions under
this compact any and all donations, and grants of money,
equipment, supplies, materials and services (conditional or
otherwise) from any state or the United States or any
subdivision or agency thereof, from any interstate agency, or
from any institution, person, firm or corporation, and may
receive, utilize and dispose of the same.
(13) Establish and maintain such facilities as may be
necessary for the transacting of its business. The commission
may acquire, hold, and convey real and personal property and any
interest therein.
(14) Enter into contracts and agreements, including but not
limited to, interim reciprocal agreements with noncompacting
states.
ARTICLE IX
FINANCE
The commission shall submit to the governor or designated
officer or officers of each compacting state a budget of its
estimated expenditures for such period as may be required by the
laws of that state for presentation to the legislature thereof.
Each of the commission's budgets of estimated expenditures
shall contain specific recommendations of the amounts to be
appropriated by each of the compacting states. The total amount
of appropriations requested under any such budget shall be
apportioned among the compacting states as follows: one-half in
equal shares; one-fourth among the compacting states in
accordance with the ratio of their populations to the total
population of the compacting states, based on the last decimal
federal census; and one-fourth among the compacting states in
accordance with the ratio of industrialized/modular building
units manufactured in each state to the total of all units
manufactured in all of the compacting states.
The commission shall not pledge the credit of any
compacting state. The commission may meet any of its
obligations in whole or in part with funds available to it by
donations, grants, or sale of labels: provided that the
commission takes specific action setting aside such funds prior
to incurring any obligation to be met in whole or in part in
such manner. Except where the commission makes use of funds
available to it by donations, grants or sale of labels, the
commission shall not incur any obligation prior to the allotment
of funds by the compacting states adequate to meet the same.
The commission shall keep accurate accounts of all receipts
and disbursements. The receipts and disbursements of the
commission shall be subject to the audit and accounting
procedures established under its bylaws. All receipts and
disbursements of funds handled by the commission shall be
audited yearly by a certified or licensed public accountant and
the report of the audit shall be included in and become part of
the annual report of the commission.
The accounts of the commission shall be open at any
reasonable time for inspection by duly constituted officers of
the compacting states and any person authorized by the
commission.
Nothing contained in this article shall be construed to
prevent commission compliance relating to audit or inspection of
accounts by or on behalf of any government contributing to the
support of the commission.
ARTICLE X
ENTRY INTO FORCE AND WITHDRAWAL
This compact shall enter into force when enacted into law
by any three states. Thereafter, this compact shall become
effective as to any other state upon its enactment thereof. The
commission shall arrange for notification of all compacting
states whenever there is a new enactment of the compact.
Any compacting state may withdraw from this compact by
enacting a statute repealing the same. No withdrawal shall
affect any liability already incurred by or chargeable to a
compacting state prior to the time of such withdrawal.
ARTICLE XI
RECIPROCITY
If the commission determines that the standards for
industrialized/modular buildings prescribed by statute, rule or
regulation of compacting state are at least equal to the
commission's model rules and regulations for
industrialized/modular buildings, and that such state standards
are enforced by the compacting state in accordance with the
uniform administrative procedures, industrialized/modular
buildings approved by such a compacting state shall be deemed to
have been approved by all the compacting states for placement in
those states in accordance with procedures prescribed by the
commission.
ARTICLE XII
EFFECT ON OTHER LAWS AND JURISDICTION
Nothing in this compact shall be construed to:
(1) Withdraw or limit the jurisdiction of any state or
local court or administrative officer or body with respect to
any person, corporation or other entity or subject matter,
except to the extent that such jurisdiction pursuant to this
compact, is expressly conferred upon another agency or body.
(2) Supersede or limit the jurisdiction of any court of the
United States.
ARTICLE XIII
CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to
effectuate the purposes thereof. The provisions of this compact
shall be severable and if any phrase, clause, sentence or
provision of this compact is declared to be contrary to the
constitution of any state or of the United States or the
applicability thereof to any government, agency, person or
circumstances is held invalid, the validity of the remainder of
this compact and the applicability thereof to any government,
agency, person or circumstance shall not be affected thereby.
If this compact shall be held contrary to the constitution of
any state participating therein, the compact shall remain in
full force and effect as to the remaining party states and in
full force and effect as to the state affected as to all
severable matters.
ARTICLE 5
DEBT COLLECTION
Section 1. Minnesota Statutes 1994, section 8.16, is
amended by adding a subdivision to read:
Subd. 1a. [SUBPOENAS.] The attorney general may in any
county of the state subpoena and require the production of any
records relating to the location of a debtor or the assets of a
debtor, as that term is defined in section 16D.02, subdivision
4. Subpoenas may be issued only for records that are relevant
to an investigation related to debt collection and exclude the
power to subpoena personal appearance of witnesses unless the
attorney general is so authorized by other statute or court rule.
Sec. 2. Minnesota Statutes 1994, section 16A.72, is
amended to read:
16A.72 [INCOME CREDITED TO GENERAL FUND; EXCEPTIONS.]
All income, including fees or receipts of any nature, shall
be credited to the general fund, except:
(1) federal aid;
(2) contributions, or reimbursements received for any
account of any division or department for which an appropriation
is made by law;
(3) income to the University of Minnesota;
(4) income to revolving funds now established in
institutions under the control of the commissioners of
corrections or human services;
(5) investment earnings resulting from the master lease
program, except that the amount credited to another fund or
account may not exceed the amount of the additional expense
incurred by that fund or account through participation in the
master lease program;
(6) receipts from the operation of patients' and inmates'
stores and vending machines, which shall be deposited in the
social welfare fund in each institution for the benefit of the
patients and inmates;
(7) money received in payment for services of inmate labor
employed in the industries carried on in the state correctional
facilities which receipts shall be credited to the current
expense fund of those facilities;
(8) as provided in sections 16B.57 and 85.22;
(9) income to the Minnesota historical society; or
(10) the percent of income collected by a private
collection agency and retained by the collection agency as its
collection fee; or
(11) as otherwise provided by law.
Sec. 3. Minnesota Statutes 1994, section 16D.02,
subdivision 6, is amended to read:
Subd. 6. [REFERRING AGENCY.] "Referring agency" means a
state agency, the University of Minnesota, or a court that has
entered into a debt qualification plan with the commissioner to
refer debts to the commissioner for collection.
Sec. 4. Minnesota Statutes 1994, section 16D.02, is
amended by adding a subdivision to read:
Subd. 8. [ENTERPRISE.] "Enterprise" means the Minnesota
collection enterprise, a separate unit established to carry out
the provisions of this chapter, pursuant to the commissioner's
authority to contract with the commissioner of revenue for
collection services under section 16D.04, subdivision 1.
Sec. 5. Minnesota Statutes 1994, section 16D.04,
subdivision 1, is amended to read:
Subdivision 1. [DUTIES.] The commissioner shall provide
services to the state and its agencies to collect debts owed the
state. The commissioner is not a collection agency as defined
by section 332.31, subdivision 3, and is not licensed, bonded,
or regulated by the commissioner of commerce under sections
332.31 to 332.35 or 332.38 to 332.45. The commissioner is
subject to section 332.37, except clause (9) or (10). The
commissioner may contract with the commissioner of revenue for
collection services, and may delegate to the commissioner of
revenue any of the commissioner's duties and powers under this
chapter. Debts referred to the commissioner of revenue for
collection under this section or section 256.9792 may in turn be
referred by the commissioner of revenue to the enterprise. An
audited financial statement may not be required as a condition
of debt placement with a private agency if the private agency:
(1) has errors and omissions coverage under a professional
liability policy in an amount of at least $1,000,000; or (2) has
a fidelity bond to cover actions of its employees, in an amount
of at least $100,000. In cases of debts referred under section
256.9792, the provisions of this chapter and section 256.9792
apply to the extent they are not in conflict. If they are in
conflict, the provisions of section 256.9792 control. For
purposes of this chapter, the referring agency for such debts
remains the department of human services.
Sec. 6. Minnesota Statutes 1994, section 16D.04,
subdivision 3, is amended to read:
Subd. 3. [SERVICES.] The commissioner shall provide
collection services for a state agency, and may provide for
collection services for the University of Minnesota or a court,
in accordance with the terms and conditions of a signed debt
qualification plan.
Sec. 7. Minnesota Statutes 1994, section 16D.06, is
amended to read:
16D.06 [DEBTOR INFORMATION.]
Subdivision 1. [ACCESS TO GOVERNMENT DATA NOT PUBLIC.]
Notwithstanding chapter 13 or any other state law classifying or
restricting access to government data, upon request from the
commissioner or the attorney general, state agencies, political
subdivisions, and statewide systems shall disseminate not public
data to the commissioner or the attorney general for the sole
purpose of collecting debt. Not public data disseminated under
this subdivision is limited to financial data of the debtor or
data related to the location of the debtor or the assets of the
debtor.
Subd. 2. [DISCLOSURE OF DATA.] Data received, collected,
created, or maintained by the commissioner or the attorney
general to collect debts are classified as private data on
individuals under section 13.02, subdivision 12, or nonpublic
data under section 13.02, subdivision 9. The commissioner or
the attorney general may disclose not public data:
(1) under section 13.05;
(2) under court order;
(3) under a statute specifically authorizing access to the
not public data;
(4) to provide notices required or permitted by statute;
(5) to an agent of the commissioner, including a law
enforcement person, attorney, or investigator acting for the
commissioner in the investigation or prosecution of a criminal
or civil proceeding relating to collection of a debt;
(6) to report names of debtors, amount of debt, date of
debt, and the agency to whom debt is owed to credit bureaus and
private collection agencies under contract with the
commissioner; and
(7) when necessary to locate the debtor, locate the assets
of the debtor, or to enforce or implement the collection of a
debt; and
(8) to the commissioner of revenue for tax administration
purposes.
The commissioner and the attorney general may not disclose
data that is not public to a private collection agency or other
entity with whom the commissioner has contracted under section
16D.04, subdivision 4, unless disclosure is otherwise authorized
by law.
Sec. 8. Minnesota Statutes 1994, section 16D.08,
subdivision 2, is amended to read:
Subd. 2. [POWERS.] In addition to the collection remedies
available to private collection agencies in this state, the
commissioner, with legal assistance from the attorney general,
may utilize any statutory authority granted to a referring
agency for purposes of collecting debt owed to that referring
agency. The commissioner may also use the tax collection
remedies of the commissioner of revenue in sections 270.06,
clauses (7) and (17), excluding the power to subpoena witnesses;
270.66; 270.69, excluding subdivisions 7 and 13; 270.70,
excluding subdivision 14; 270.7001 to 270.72; and 290.92,
subdivision 23, except that a continuous wage levy under section
290.92, subdivision 23, is only effective for 70 days, unless no
competing wage garnishments, executions, or levies are served
within the 70-day period, in which case a wage levy is
continuous until a competing garnishment, execution, or levy is
served in the second or a succeeding 70-day period, in which
case a continuous wage levy is effective for the remainder of
that period. A debtor who qualifies for cancellation of the
collection penalty under section 16D.11, subdivision 3, clause
(1), can apply to the commissioner for reduction or release of a
continuous wage levy, if the debtor establishes that the debtor
needs all or a portion of the wages being levied upon to pay for
essential living expenses, such as food, clothing, shelter,
medical care, or expenses necessary for maintaining employment.
The commissioner's determination not to reduce or release a
continuous wage levy is appealable to district court. The word
"tax" or "taxes" when used in the tax collection statutes listed
in this subdivision also means debts referred under this
chapter. For debts other than state taxes or child support,
before any of the tax collection remedies listed in this
subdivision can be used, except for the remedies in section
270.06, clauses (7) and (17), if the referring agency has not
already obtained a judgment or filed a lien, the commissioner
must first obtain a judgment against the debtor.
Sec. 9. [16D.11] [COLLECTION PENALTY.]
Subdivision 1. [IMPOSITION.] As determined by the
commissioner, a penalty shall be added to the debts referred to
the commissioner or private collection agency for collection.
The penalty is collectible by the commissioner or private agency
from the debtor at the same time and in the same manner as the
referred debt. The referring agency shall advise the debtor of
the penalty under this section and the debtor's right to
cancellation of the penalty under subdivision 3 at the time the
agency sends notice to the debtor under section 16D.07. If the
commissioner or private agency collects an amount less than the
total due, the payment is applied proportionally to the penalty
and the underlying debt. Penalties collected by the
commissioner under this subdivision or retained under
subdivision 6 shall be deposited in the general fund as
nondedicated receipts. Penalties collected by private agencies
are appropriated to the referring agency to pay the collection
fees charged by the private agency. Penalty collections in
excess of collection agency fees must be deposited in the
general fund as nondedicated receipts.
Subd. 2. [COMPUTATION.] Beginning July 1, 1995, at the
time a debt is referred, the amount of the penalty is equal to
15 percent of the debt, or 25 percent of the debt remaining
unpaid if the commissioner or private collection agency has to
take enforced collection action by serving a summons and
complaint on or entering judgment against the debtor, or by
utilizing any of the remedies authorized under section 16D.08,
subdivision 2, except for the remedies in sections 270.06,
clause (7), and 270.66 or when referred by the commissioner for
additional collection activity by a private collection agency.
If, after referral of a debt to a private collection agency, the
debtor requests cancellation of the penalty under subdivision 3,
the debt must be returned to the commissioner for resolution of
the request.
Subd. 3. [CANCELLATION.] The penalty imposed under
subdivision 1 shall be canceled and subtracted from the amount
due if:
(1) the debtor's household income as defined in section
290A.03, subdivision 5, excluding the exemption subtractions in
subdivision 3, paragraph (3) of that section, for the 12 months
preceding the date of referral is less than twice the annual
federal poverty guideline under United States Code, title 42,
section 9902, subsection (2);
(2) within 60 days after the first contact with the debtor
by the enterprise or collection agency, the debtor establishes
reasonable cause for the failure to pay the debt prior to
referral of the debt to the enterprise;
(3) a good faith dispute as to the legitimacy or the amount
of the debt is made, and payment is remitted or a payment
agreement is entered into within 30 days after resolution of the
dispute;
(4) good faith litigation occurs and the debtor's position
is substantially justified, and if the debtor does not totally
prevail, the debt is paid or a payment agreement is entered into
within 30 days after the judgment becomes final and
nonappealable; or
(5) penalties have been added by the referring agency and
are included in the amount of the referred debt.
Subd. 4. [APPEAL.] Decisions of the commissioner denying
an application to cancel the penalty under subdivision 3 are
subject to the contested case procedure under chapter 14.
Subd. 5. [REFUND.] If a penalty is collected and then
canceled, the amount of the penalty shall be refunded to the
debtor within 30 days. The amount necessary to pay the refunds
is annually appropriated to the commissioner.
Subd. 6. [CHARGE TO REFERRING AGENCY.] If the penalty is
canceled under subdivision 3, an amount equal to the penalty is
retained by the commissioner from the debt collected, and is
accounted for and subject to the same provisions of this chapter
as if the penalty had been collected from the debtor.
Subd. 7. [ADJUSTMENT OF RATE.] By June 1 of each year, the
commissioner shall determine the rate of the penalty for debts
referred to the enterprise during the next fiscal year. The
rate is a percentage of the debts in an amount that most nearly
equals the costs of the enterprise necessary to process and
collect referred debts under this chapter. In no event shall
the rate of the penalty when a debt is first referred exceed
three-fifths of the maximum penalty, and in no event shall the
rate of the maximum penalty exceed 25 percent of the debt.
Determination of the rate of the penalty under this section is
not rulemaking under chapter 14, and is not subject to the fee
setting requirements of section 16A.1285.
Sec. 10. [16D.12] [PAYMENT OF COLLECTION AGENCY FEES.]
Unless otherwise expressly prohibited by law, a state
agency may pay for the services of a state or private collection
agency from the money collected. The portion of the money
collected which must be paid to the collection agency as its
collection fee is appropriated from the fund to which the
collected money is due.
Sec. 11. [16D.13] [INTEREST.]
Subdivision 1. [AUTHORITY.] Unless otherwise provided by
contract out of which the debt arises or by state or federal
law, a state agency shall charge simple interest on debts owed
to the state at the rate provided in subdivision 2 if notice has
been given in accordance with this subdivision. Interest
charged under this section begins to accrue on the 30th calendar
day following the state agency's first written demand for
payment that includes notification to the debtor that interest
will begin to accrue on the debt in accordance with this section.
Subd. 2. [COMPUTATION.] Notwithstanding chapter 334, the
rate of interest is the rate determined by the state court
administrator under section 549.09, subdivision 1, paragraph (c).
Subd. 3. [EXCLUSION.] A state agency may not charge
interest under this section on overpayments of assistance
benefits under sections 256.031 to 256.0361, 256.72 to 256.87,
chapters 256D and 256I, or the federal food stamp program.
Notwithstanding this prohibition, any debts that have been
reduced to judgment under these programs are subject to the
interest charges provided under section 549.09.
Sec. 12. [16D.14] [VENUE.]
Subdivision 1. [AUTHORIZATION.] The commissioner or the
attorney general may bring an action to recover debts owed to
the state in Ramsey county district court or Ramsey county
conciliation court at the discretion of the state. In order to
bring a cause of action under this section in any county other
than the county where the debtor resides or where the cause of
action arose, the commissioner or the attorney general must
notify the debtor as provided in subdivisions 2 to 4, unless
that venue is authorized by other law.
Subd. 2. [CONCILIATION COURT; CLAIMS FOR $2,500 OR
LESS.] (a) Before bringing a conciliation court action for a
claim for $2,500 or less under this section in any county other
than where the debtor resides or where the cause of action
arose, the commissioner or the attorney general shall send a
form by first class mail to the debtor's last known address
notifying the debtor of the intent to bring an action in Ramsey
county. The commissioner or attorney general must enclose a
form for the debtor to use to request that the action not be
brought in Ramsey county and a self-addressed, postage paid
envelope. The form must advise the debtor of the right to
request that the action not be brought in Ramsey county and that
the debtor has 30 days from the date of the form to make this
request.
(b) If the debtor timely returns the form requesting the
action not be brought in Ramsey county, the commissioner or
attorney general may only file the action in the county of the
debtor's residence, the county where the cause of action arose,
or as provided by other law. The commissioner or attorney
general shall notify the debtor of the action taken. If the
debtor does not timely return the form, venue is as chosen by
the commissioner or attorney general as authorized under this
section.
(c) If a judgment is obtained in Ramsey county conciliation
court when the form was sent by first class mail under this
subdivision and the debtor reasonably demonstrates that the
debtor did not reside at the address where the form was sent or
that the debtor did not receive the form, the commissioner or
the attorney general shall vacate the judgment without prejudice
and return any funds collected as a result of enforcement of the
judgment. Evidence of the debtor's correct address include, but
are not limited to, a driver's license, homestead declaration,
school registration, utility bills, or a lease or rental
agreement.
Subd. 3. [CONCILIATION COURT CLAIMS EXCEEDING $2,500.] (a)
In order to bring a conciliation court claim that exceeds $2,500
under this section in a county other than where the debtor
resides or where the cause of action arose, the commissioner or
the attorney general shall serve with the conciliation court
claim a change of venue form for the debtor to use to request
that venue be changed and a self-addressed, postage paid return
envelope. This form must advise the debtor that the form must
be returned within 30 days of the date of service or venue will
remain in Ramsey county.
(b) If the debtor timely returns the change of venue form
requesting a change of venue, the commissioner or attorney
general shall change the venue of the action to the county of
the debtor's residence, the county where the cause of action
arose, as provided by other law, or dismiss the action. The
commissioner or attorney general must notify the debtor of the
action taken. If the debtor does not timely return the form,
venue is as chosen by the commissioner or attorney general as
authorized under this section. The commissioner or the attorney
general shall file the signed return receipt card or the proof
of service with the court.
Subd. 4. [DISTRICT COURT.] (a) In order to bring a
district court action under this section in any county other
than where the debtor resides or where the cause of action
arose, the commissioner or attorney general shall serve the
change of venue form with the summons and complaint or petition
commencing the collection action. Two copies of the form must
be served along with a self-addressed, postage paid return
envelope. The form must advise the debtor that the form must be
returned within 20 days of the date of service or venue will
remain in Ramsey county. If the debtor timely returns the
change of venue form, the time to answer the summons and
complaint or petition runs from the date of debtor's request for
change of venue.
(b) If the debtor timely returns the change of venue form
requesting that the action not be brought in Ramsey county, the
commissioner or attorney general shall change the venue of the
action to the county of the debtor's residence, the county where
the cause of action arose, as provided by other law, or dismiss
the action. The commissioner or attorney general shall notify
the debtor of the action taken. If the debtor is served the
form to change venue along with the district court summons and
complaint or petition, in accordance with court rules, but does
not return the form within the statutory timelines, venue is as
chosen by the commissioner or attorney general as authorized
under this section. The commissioner or attorney general shall
file the proof of service along with the summons and complaint
or petition commencing the lawsuit.
Subd. 5. [FEES.] No court filing fees, docketing fees, or
release of judgment fees may be assessed against the state for
collection actions filed under this chapter.
Sec. 13. [16D.15] [COMPROMISE OF DEBT.]
Unless expressly prohibited by other federal or state law,
a state agency may compromise debts owed to the state, whether
reduced to judgment or not, where the state agency determines
that it is in the best interests of the state to do so.
Sec. 14. [16D.16] [SETOFFS.]
Subdivision 1. [AUTHORIZATION.] The commissioner or a
state agency may automatically deduct the amount of a debt owed
to the state from any state payment due to the debtor, except
tax refunds, earned income tax credit, child care tax credit,
prejudgment debts of $5,000 or less, funds exempt under section
550.37, or funds owed an individual who receives assistance
under the provisions of chapter 256 are not subject to setoff
under this chapter. If a debtor has entered into a written
payment plan with respect to payment of a specified debt, the
right of setoff may not be used to satisfy that debt.
Notwithstanding section 181.79, the state may deduct from the
wages due or earned by a state employee to collect a debt,
subject to the limitations in section 571.922.
Subd. 2. [NOTICE AND HEARING.] Before setoff, the
commissioner or state agency shall mail written notice by
certified mail to the debtor, addressed to the debtor's last
known address, that the commissioner or state agency intends to
set off a debt owed to the state by the debtor against future
payments due the debtor from the state. For debts owed to the
state that have not been reduced to judgment, if no opportunity
to be heard or administrative appeal process has yet been made
available to the debtor to contest the validity or accuracy of
the debt, before setoff for a prejudgment debt, the notice to
the debtor must advise that the debtor has a right to make a
written request for a contested case hearing on the validity of
the debt or the right to setoff. The debtor has 30 days from
the date of that notice to make a written request for a
contested case hearing to contest the validity of the debt or
the right to setoff. The debtor's request must state the
debtor's reasons for contesting the debt or the right to
setoff. If the commissioner or state agency desires to pursue
the right to setoff following receipt of the debtor's request
for a hearing, the commissioner or state agency shall schedule a
contested case hearing within 30 days of the receipt of the
request for the hearing. If the commissioner or state agency
decides not to pursue the right to setoff, the debtor must be
notified of that decision.
Sec. 15. Minnesota Statutes 1994, section 491A.02,
subdivision 4, is amended to read:
Subd. 4. [REPRESENTATION.] (a) A corporation, partnership,
limited liability company, sole proprietorship, or association
may be represented in conciliation court by an officer, manager,
or partner or an agent in the case of a condominium,
cooperative, or townhouse association, or may appoint a natural
person who is an employee or commercial property manager to
appear on its behalf or settle a claim in conciliation
court. The state or a political subdivision of the state may be
represented in conciliation court by an employee of the
pertinent governmental unit without a written authorization.
This Representation under this subdivision does not constitute
the practice of law for purposes of section 481.02, subdivision
8. In the case of an officer, employee, commercial property
manager, or agent of a condominium, cooperative, or townhouse
association, an authorized power of attorney, corporate
authorization resolution, corporate bylaw, or other evidence of
authority acceptable to the court must be filed with the claim
or presented at the hearing. This subdivision also applies to
appearances in district court by a corporation or limited
liability company with five or fewer shareholders or members and
to any condominium, cooperative, or townhouse association, if
the action was removed from conciliation court.
(b) "Commercial property manager" means a corporation,
partnership, or limited liability company or its employees who
are hired by the owner of commercial real estate to perform a
broad range of administrative duties at the property including
tenant relations matters, leasing, repairs, maintenance, the
negotiation and resolution of tenant disputes, and related
matters. In order to appear in conciliation court, a property
manager's employees must possess a real estate license under
section 82.20 and be authorized by the owner of the property to
settle all disputes with tenants and others within the
jurisdictional limits of conciliation court.
(c) A commercial property manager who is appointed to
settle a claim in conciliation court may not charge or collect a
separate fee for services rendered under paragraph (a).
Sec. 16. [PILOT PROGRAM.]
The commissioner of finance shall initiate a pilot program
to compare effectiveness and efficiencies of the Minnesota
collection enterprise and private collection agencies. The
commissioner shall issue a request for proposals and place at
least $35,000,000 of state debt with private collection agencies
licensed by the commissioner of commerce under Minnesota
Statutes, chapter 332 no later than January 1, 1996. For
purposes of conducting this pilot, at least one-half of the
private collection agencies selected must not be currently under
contract with the commissioner. In placing debt with private
collection agencies, the commissioner must consider the
following factors in comparison to the enterprise: age and size
of the debt, type of debt, and direct and indirect costs of
collecting the debt. The commissioner shall report back to the
legislature by February 1, 1997.
Sec. 17. [EFFECTIVE DATE.]
Sections 1, 3 to 7, 13, 15, and 16 are effective the day
following final enactment. Section 8 is effective for debts
previously referred or referred on or after the day following
final enactment. Section 9 is effective for debts referred on
or after July 1, 1995.
Presented to the governor May 30, 1995
Signed by the governor June 1, 1995, 2:10 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes