Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1996, Regular Session
Key: (1) language to be deleted (2) new language
KEY: stricken = old language to be removed
underscored = new language to be added
CHAPTER 452-H.F.No. 3243
An act relating to the organization and operation of
state government; appropriating money for economic
development and other purposes; providing for
assessments against utilities; amending Minnesota
Statutes 1994, sections 138.35, by adding a
subdivision; 138.664, by adding a subdivision;
138.763, subdivision 1; 298.22, by adding a
subdivision; 469.056, subdivision 2; and 469.303;
Minnesota Statutes 1995 Supplement, sections 79.561,
subdivision 3; 138.01, by adding a subdivision; and
473.252; Laws 1980, chapter 595, section 3, as
amended; Laws 1994, chapter 573, sections 1,
subdivisions 6 and 7; 4; and 5, subdivisions 1 and 2;
Laws 1995, chapters 231, article 1, section 33; and
224, section 5, subdivision 3; proposing coding for
new law in Minnesota Statutes, chapter 116J; repealing
Minnesota Statutes 1994, sections 116J.873,
subdivisions 1, 2, and 4; 138.662, subdivision 5; and
268.9783, subdivision 8; Minnesota Statutes 1995
Supplement, section 116J.873, subdivisions 3 and 5;
Laws 1988, chapter 684, article 1, section 23.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [ECONOMIC DEVELOPMENT APPROPRIATIONS.]
The sums in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another named fund, to
the agencies and for the purposes specified in this article, to
be available for the fiscal years indicated for each purpose.
SUMMARY BY FUND
1996 1997
General $ 1,654,000 $ 23,724,000
Petroleum
Tank Cleanup 47,000 93,000
Special
Compensation -0- 2,800,000
TOTAL $ 1,701,000 $ 26,617,000
APPROPRIATIONS
Available for the Year
Ending June 30
1996 1997
Sec. 2. TRADE AND ECONOMIC
DEVELOPMENT -0- 5,105,000
(a) Minnesota investment fund
-0- 4,000,000
This appropriation is for the Minnesota
investment fund under Minnesota
Statutes, section 116J.8731.
Any funds previously appropriated for
the economic recovery grant program
under Minnesota Statutes, section
116J.873, may be spent for the
Minnesota investment fund program.
(b) Minnesota film board
-0- 100,000
This appropriation is for the Minnesota
film board and is added to the
appropriation for fiscal year 1997 in
Laws 1995, chapter 224, section 2,
subdivision 4.
(c) Morrison county rural development
finance authority
-0- 750,000
This appropriation is for a grant to
the Morrison county rural development
finance authority established under
Laws 1982, chapter 437. The authority
must use the grant only for capital
improvements to a paper and wood
products manufacturer in the county
primarily for the purposes of facility
upgrading and expansion of the
manufacturer's capability to utilize
recycled wastepaper as a fiber source.
Minnesota Statutes, section 116J.991,
applies to the grant. The commissioner
shall make the grant only if the
commissioner determines that at least
$500,000 of the grant will be matched
from other sources. The authority or
any city or county within which the
improvements and equipment are located
may issue general obligation bonds in
accordance with Minnesota Statutes,
chapter 475, to finance the local
match, except that sections 475.53,
475.58, and 475.59, do not apply.
(d) Job Skills Partnership Board
-0- 250,000
This appropriation is for the job
skills partnership program and is added
to the appropriation for fiscal year
1997 in Laws 1995, chapter 224, section
2, subdivision 2.
(e) Study
-0- 5,000
This appropriation is for a study, in
consultation with the pollution control
agency and the department of natural
resources, to evaluate the
compatibility of metal materials
shredding projects and other industrial
uses with tourism and other
nonindustrial uses of the Mississippi
River Critical Area, which has been
designated an area of critical concern
under Minnesota Statutes, section
116G.15. The commissioner of trade and
economic development shall report the
findings and recommendations of the
evaluation to the legislature by
January 1, 1997.* (The preceding text
beginning "(e)" was vetoed by the
governor.)
Sec. 3. MINNESOTA TECHNOLOGY, INC. -0- 700,000
Of this appropriation, $575,000 is for
a grant to the natural resources
research institute.
Of this appropriation, $125,000 is for
a study of cold weather research needs
and opportunities. The corporation
shall contract with the Minnesota cold
weather resource center for the study.
The study must address at least the
following:
(1) opportunities for research funded
by nonstate entities, including
businesses, to be conducted in
Minnesota;
(2) strategies to attract a significant
share of funded cold weather research
to Minnesota;
(3) types of facilities that are needed
to attract cold weather research
projects;
(4) recommended ownership structure and
lease arrangements with research
entities or businesses for such
facilities; and
(5) economic benefits that might accrue
to the people of Minnesota if a greater
amount of cold weather research is
conducted in the state.
The study may also include predesign or
architectural design of facilities for
cold weather research.
The corporation shall submit a report
of the study findings to the
legislature by January 1, 1998.
Sec. 4. WORLD TRADE CENTER
CORPORATION 78,000
This appropriation is for the
corporation's December 31, 1996, debt
payment.
Sec. 5. HOUSING FINANCE AGENCY 550,000
This appropriation is for transfer to
the housing development fund. Of this
amount, $250,000 is for the community
rehabilitation program for the purpose
of acquiring, demolishing, removing,
rehabilitating, and reconfiguring
multiple-unit residential rental
property to reduce concentrations of
substandard multiple-unit rental
housing. Priority shall be given to
projects that result in the creation of
a full range of housing opportunities,
including housing opportunities for
residents of the affected multiple-unit
rental housing, that will increase the
tax base and the income mix within a
community.
Of this amount, $300,000 is for the
family homeless prevention and
assistance program under Minnesota
Statutes, section 462A.204. This
appropriation is available until
expended.
Sec. 6. DEPARTMENT OF ECONOMIC
SECURITY 810,000 16,340,000
The amounts that may be spent from this
appropriation for each purpose are as
follows:
(a) Minnesota Youth Program
-0- 6,000,000
$6,000,000 is appropriated for fiscal
year 1997 for summer youth employment
programs. Of this amount, $117,000 is
for YOUTHBUILD, under Minnesota
Statutes, sections 268.361 to 268.367,
and $250,000 is for the learn to earn
summer youth employment program
established under Laws 1995, chapter
224, sections 5 and 39, if Congress
appropriates at least $2,000,000 for
the federal title IIB, Job Training
Partnership Act (JTPA) 1996 Minnesota
summer youth program.
(b) Transitional housing
-0- 450,000
This appropriation is for transitional
housing programs under Minnesota
Statutes, section 268.38, and is added
to the appropriations for fiscal year
1997 in Laws 1995, chapter 224, section
5, subdivision 3.
(c) Minnesota Workforce Center System
-0- 500,000
$500,000 is appropriated for fiscal
year 1997 to leverage federal dollars
in support of the establishment of a
public access computer system to
Minnesota Workforce System services.
(d) Employment Support Services
-0- 200,000
$200,000 is appropriated for employment
support services authorized by
Minnesota Statutes, section 268A.13.
Of this amount, up to $20,000 may be
used for administration.
(e) Home Energy Assistance
810,000 190,000
(1) $750,000 is available immediately
and until June 30, 1997, for low-income
home energy assistance under the
low-income home energy assistance block
grant, and is to be used and allocated
in the same manner as the federal money
is used and allocated.
(2) $60,000 is available immediately
and until June 30, 1997, for grants for
energy-related repairs to a home's
primary heat source.
(3) $190,000 is for the low-income home
weatherization program.
(f) Home energy assistance contingency
-0- 9,000,000
This appropriation is from the budget
reserve account in the general fund for
low income home energy assistance and
grants for energy related repairs to a
home's primary heat source contingent
on the governor's determination that
federal money allocated to Minnesota
under the low income energy assistance
block grant for federal fiscal year
1996 has been reduced below the amount
received by Minnesota under that grant
in federal fiscal year 1995. The
amount available from this contingent
appropriation shall be equal to the
reduction as determined by the governor.
The commissioner shall report to the
legislature by January 21, 1997, on any
expenditures of this appropriation.
Sec. 7. DEPARTMENT OF
COMMERCE 47,000 93,000
This appropriation is from the
petroleum tank release cleanup fund and
is for legal services. This
appropriation is added to the
appropriation in Laws 1995, chapter
224, section 7, subdivision 5.
Sec. 8. DEPARTMENT OF LABOR
AND INDUSTRY -0- 2,800,000
This appropriation is from the special
compensation fund for the Daedalus
imaging systems project. This
appropriation is added to the
appropriation in Laws 1995, chapter
224, section 12, subdivision 2.
Sec. 9. PUBLIC UTILITIES COMMISSION 370,000 -0-
This appropriation is available
immediately and until June 30, 1998,
for the costs related to the duties of
the commission and team of science
advisors under Laws 1994, chapter 573.
Sec. 10. MINNESOTA HISTORICAL
SOCIETY 174,000 951,000
(a) Compensation
174,000 826,000
This appropriation is for the purposes
of Minnesota Statutes, section 138.01,
subdivision 5.
(b) Farmamerica
-0- 50,000
This appropriation is for a grant to
Farmamerica. Notwithstanding any other
law this grant may be used for
operations.
(c) St. Anthony heritage board
-0- 75,000
This appropriation is for a grant to
the St. Anthony heritage board
established in Minnesota Statutes,
section 138.763.
Sec. 11. MINNESOTA HUMANITIES
COMMISSION 300,000 -0-
This appropriation is for fiscal year
1996 and is for moving expenses and
general operation and maintenance of
the Minnesota humanities commission's
new building. This appropriation is
available until June 30, 1997.
Sec. 12. [TRANSFER TO WORLD TRADE CENTER.]
The commissioner of trade and economic development shall
transfer, from the appropriations to the commissioner for the
federal city-state leveraged finance program, $50,000 in fiscal
year 1996 and $50,000 in fiscal year 1997 to the World Trade
Center Corporation. The World Trade Center Corporation shall
use the amounts so transferred for operating expenses.
Sec. 13. [DEPARTMENT OF PUBLIC SAFETY; DEPUTY REGISTRAR
RULES.]
Subdivision 1. [RULE PROHIBITED.] Notwithstanding any
other law, the commissioner of public safety may not adopt any
rule that amends or replaces, or addresses substantially the
same subject matter as, a rule of the department in effect on
January 1, 1996, that regulates the solicitation or service area
of deputy motor vehicle registrar offices.
Subd. 2. [REMOVAL OF INVENTORY.] Any rule of the
commissioner of public safety that prohibits the removal of
inventory from a deputy motor vehicle registrar office does not
apply to a deputy motor vehicle registrar who (1) for at least
five years before the effective date of this section has
provided customer service and inventory outside the deputy
registrar's office, and (2) before the effective date of the
rule requests in writing an exemption from the rule. The
commissioner shall grant any request under this subdivision that
complies with this subdivision.
Subd. 3. [REPORT.] The commissioner of public safety shall
report to the governor and legislature by January 1, 1997, on
the issue of restrictions on the solicitation or service area of
deputy motor vehicle registrar offices. The report must
consider existing and proposed restrictions on deputy motor
vehicle registrar solicitation or service area and evaluate each
on the basis of administrative efficiency and public service.
Sec. 14. [VOYAGEUR RECREATION AREA.]
Subdivision 1. [ESTABLISHMENT.] A recreation zone called
the "Voyageur recreation area" is established and consists of
all contiguous land in Koochiching county and that part of St.
Louis county lying north of county highway 23 and west of county
highway 24 to the Canadian border.
Subd. 2. [PURPOSE.] The purpose of the Voyageur recreation
area is to encourage and attract public and private funds in
order to diversify and promote economic development and
recreational and educational opportunities throughout the area.
Sec. 15. [BOARD CREATED.]
Subdivision 1. [MEMBERSHIP.] A Voyageur recreation area
board is created of nine members, with representation from the
following groups:
(1) International Falls Visitors and Convention Bureau;
(2) Kabetogama Lake association;
(3) Ash River/Crane Lake resort association;
(4) Koochiching county;
(5) St. Louis county;
(6) city of Orr;
(7) city of Ranier;
(8) city of International Falls; and
(9) city of Cook.
Subd. 2. [TERMS.] The membership terms, removal, and
filling of vacancies of board members are as provided in
Minnesota Statutes, section 15.0575.
Subd. 3. [CHAIR; OTHER OFFICERS.] The board shall annually
elect a chair and other officers as necessary from its members.
Sec. 16. [POWERS.]
Subdivision 1. [CONTRACTS.] The board may enter into
contracts and grant agreements necessary to carry out its
responsibilities.
Subd. 2. [GIFTS; GRANTS.] The board may apply for, accept,
and disburse gifts, grants, or other property from the United
States, the state, private foundations, or any other source. It
may enter into an agreement required for the gifts or grants and
may hold, use, and dispose of its assets in accordance with the
terms of the gift, grant, or agreement. Money received by the
board under this subdivision must be deposited in a separate
account.
Sec. 17. [UTILITY ASSESSMENT; STRAY VOLTAGE.]
Subdivision 1. [AUTHORITY.] To provide funding for the
appropriation in section 9 for the costs of the commission and
team of science advisors under Laws 1994, chapter 573, the
public utilities commission and the department of public service
shall assess a total of up to $370,000 under Minnesota Statutes,
section 216B.62, against public and municipal utilities
providing electrical service and cooperative electric
associations. The assessment must be deposited in the general
fund. The assessment is not subject to the limits prescribed
under Minnesota Statutes, section 216B.62, subdivision 3. The
assessment authority under this section is in addition to the
assessment authority contained in Laws 1994, chapter 573,
section 4.
Subd. 2. [PROPORTIONAL ASSESSMENT; EXPENSES AND
ACTIVITIES.] Each utility or association shall be assessed in
proportion that its gross operating revenues for the sale of
electric service within the state for the last calendar year
bears to the total of those revenues for all public and
municipal utilities and cooperative associations.
Sec. 18. [COMMUNITY REHABILITATION PROGRAM.]
The requirements in Laws 1995, chapter 224, section 6,
relating to use of the appropriation in that section for the
community rehabilitation program in cities of the first class in
the metropolitan area apply only to the city of St. Paul. For
the city of Minneapolis the requirements as to the use of that
appropriation are as follows:
(1) it must be used in areas that are defined as
redirection and revitalization neighborhoods by the neighborhood
revitalization program under Minnesota Statutes, section
469.1831; and
(2) the area must include eight blocks in any direction
from the neighborhood boundary.
Sec. 19. [ADMINISTRATIVE COSTS; CONTAMINATION CLEAN-UP
GRANTS.]
Up to 1.5 percent of the appropriation made in Laws 1995,
chapter 224, section 2, subdivision 2, for grants under
Minnesota Statutes 1994, sections 116J.551 to 116J.558, may be
expended for costs of the department of trade and economic
development incurred in administering those grants.
Sec. 20. [GROUND VOLTAGE SCIENCE ADVISORS; IMMUNITY FROM
SUIT, INDEMNIFICATION.]
(a) A member of the team of science advisors charged with
studying, researching, or preparing the report required by Laws
1994, chapter 573, or serving in a liaison capacity on behalf of
the team of science advisors, is not liable for the content of
the preliminary assessment or final report, for any action taken
or project conducted on behalf of researching and preparing the
assessment and report, or for any action taken or consequence
resulting from or arising out of publication and dissemination
of the report. This section does not provide immunity for
negligence or intentional misconduct of a member or a liaison.
(b) If a person referred to in paragraph (a) becomes a
party to a civil action or other legal or administrative
proceeding by reason of any action referred to in paragraph (a),
despite the intent of paragraph (a) to hold those persons immune
from suit, the state shall defend, save harmless, and indemnify
the person for any judgment or settlement and other costs
incurred in defense of the action or proceeding, unless the
person is found liable for negligent or intentional misconduct.
Sec. 21. Laws 1995, chapter 224, section 5, subdivision 3,
is amended to read:
Subd. 3. Community-Based Services
30,082,000 25,881,000
$935,000 the first year and $935,000
the second year are for operating costs
of transitional housing programs under
Minnesota Statutes, section 268.38.
$7,000,000 the first year and
$7,000,000 the second year are for the
Minnesota economic opportunity grant
program. Of this appropriation the
commissioner may use up to 8.7 percent
each year for state operations.
For the biennium ending June 30, 1997,
the commissioner shall transfer to the
low-income home weatherization program
at least five percent of the money
received under the low-income home
energy assistance block grant in each
year of the biennium and shall spend
all of the transferred money during the
year of the transfer or the year
following the transfer. Up to 1.63
percent of the transferred money may be
used by the commissioner for
administrative purposes.
For the biennium ending June 30, 1997,
no more than 1.63 percent of money
remaining under the low-income home
energy assistance program after
transfers to the weatherization program
may be used by the commissioner for
administrative purposes.
The state appropriation for the
temporary emergency food assistance
program may be used to meet the federal
match requirements.
$100,000 the first year and $100,000
the second year are for youth
intervention programs under Minnesota
Statutes, section 268.30, subdivisions
1 and 2. Funding may be used to expand
existing programs to serve unmet needs
and to create new programs in
underserved areas. In awarding these
new funds, the commissioner may waive
or modify the requirement for local
match when this requirement deters
expansion to underserved communities or
populations. This appropriation is
available until spent.
Notwithstanding Minnesota Statutes,
section 268.022, subdivision 2, the
commissioner of finance shall transfer
to the general fund from the dedicated
fund $3,000,000 in the first year and
$3,000,000 in the second year of the
money collected through the special
assessment established in Minnesota
Statutes, section 268.022, subdivision
1.
Of this appropriation, $3,000,000 the
first year is for summer youth
employment programs.
Of the money appropriated for the
summer youth employment programs for
the first year, $750,000 is immediately
available. Any remaining balance of
the immediately available money is
available for the year in which it is
appropriated. If the appropriation for
either year of the biennium is
insufficient, money may be transferred
from the appropriation for the other
year.
$200,000 the first year is for youth
employment and for housing for the
homeless through the YOUTHBUILD
program. A Minnesota YOUTHBUILD
program funded under this section as
authorized in Minnesota Statutes,
sections 268.361 to 268.367 qualifies
as an approved training program under
Minnesota Rules, part 5200.0930,
subpart 1.
Of the appropriation for Head Start,
the commissioner may use up to two
percent each year for state operations.
Of this appropriation, $250,000 is for
the learn to earn summer youth
employment demonstration program
established in Laws 1995, chapter 224,
section 39. This appropriation is
available until spent.
Sec. 22. Laws 1994, chapter 573, section 1, subdivision 6,
is amended to read:
Subd. 6. [RESEARCH DEADLINE.] The research conducted under
this section and any recommendations by the science advisors to
the commission must be completed and reported or made by June
30, 1996 1998.
Sec. 23. Laws 1994, chapter 573, section 1, subdivision 7,
is amended to read:
Subd. 7. [EXPIRATION.] The team of science advisors
expires June 30, 1996 1998.
Sec. 24. Laws 1994, chapter 573, section 4, is amended to
read:
Sec. 4. [ASSESSMENT.]
(a) To provide funding for activities required under this
act, the public utilities commission and the department of
public service shall assess a total of up to $548,000 under
Minnesota Statutes, section 216B.62, against public and
municipal utilities providing electrical service and cooperative
electric associations. The assessment must be deposited in the
general fund. The assessment is not subject to the limits
prescribed under Minnesota Statutes, section 216B.62,
subdivision 3.
(b) Each utility or association shall be assessed in
proportion that its gross operating revenues for the sale of
electric service within the state for the last calendar year
bears to the total of those revenues for all public and
municipal utilities and cooperative associations.
(c) Paragraphs (a) and (b) expire June 30, 1998.
Sec. 25. Laws 1994, chapter 573, section 5, subdivision 1,
is amended to read:
Subdivision 1. [PUBLIC UTILITIES COMMISSION; STUDY COSTS.]
$300,000 is appropriated from the general fund to the public
utilities commission.
$75,000 of this appropriation is for administrative
expenses of the commission under sections 1 and 2.
$225,000 of this appropriation is for expenses of the team
of scientific advisors and the commission liaison.
This appropriation remains available until June 30, 1996
1998.
Sec. 26. Laws 1994, chapter 573, section 5, subdivision 2,
is amended to read:
Subd. 2. [PUBLIC UTILITIES COMMISSION; RESEARCH PROJECTS
STUDY COSTS.] $150,000, or so much of this amount as may be
needed, is appropriated from the general fund to the public
utilities commission to initiate research projects in fiscal
year 1995 as recommended by the team of science advisors and
approved by the commission. Any amount of This appropriation
that remains unencumbered after June 30, 1996, reverts to the
general fund does not cancel but is available until June 30,
1998.
Sec. 27. Laws 1995, chapter 231, article 1, section 33, is
amended to read:
Sec. 33. [APPROPRIATION.]
The $900,000 is appropriated from the special compensation
fund for the biennium ending June 30, 1997, to the department of
commerce shall be used for the purposes of rate regulation of
commercial self-insurance groups under Minnesota Statutes,
sections 79A.19 to 79A.32 and workers' compensation rate
regulation under Minnesota Statutes, sections 79.50 to 79.561.
The complement of the department of commerce is increased by 13
positions for the purposes of rate regulation.
Sec. 28. Minnesota Statutes 1995 Supplement, section
79.561, subdivision 3, is amended to read:
Subd. 3. [CONSULTANTS AND COSTS.] The commissioner may
retain consultants, including a consulting actuary or other
experts, that the commissioner determines necessary for purposes
of this chapter. The salary limit set by section 43A.17 does
not apply to a consulting actuary retained under this
subdivision. A consulting actuary shall be a fellow in the
casualty actuarial society and shall have demonstrated
experience in workers' compensation insurance ratemaking. Any
individual not so qualified shall not render an opinion or
testify on actuarial aspects of a filing, including but not
limited to, data quality, loss development, and trending. The
costs incurred in commissioner may determine the costs necessary
for implementing and conducting a contested case hearing under
subdivision 2, including, but not limited to, retaining any
consulting actuaries and experts, and those costs shall be
reimbursed by the special compensation fund.
Sec. 29. [116J.8731] [MINNESOTA INVESTMENT FUND.]
Subdivision 1. [PURPOSE.] The Minnesota investment fund is
created to provide financial assistance, through partnership
with communities, for the creation of new employment or to
maintain existing employment, and for business start-up,
expansions, and retention. It shall accomplish these goals by
the following means:
(1) creation or retention of permanent private-sector jobs
in order to create above-average economic growth consistent with
environmental protection;
(2) stimulation or leverage of private investment to ensure
economic renewal and competitiveness;
(3) increasing the local tax base, based on demonstrated
measurable outcomes, to guarantee a diversified industry mix;
(4) improvement of employment and economic opportunity for
citizens in the region to create a reasonable standard of
living, consistent with federal and state guidelines on low- to
moderate-income persons; and
(5) stimulation of productivity growth through improved
manufacturing or new technologies, including cold weather
testing.
Subd. 2. [ADMINISTRATION.] The commissioner shall
administer the fund as part of the small cities development
block grant program. Funds shall be made available to local
communities and recognized Indian tribal governments in
accordance with the rules adopted for economic development
grants in the small cities community development block grant
program, except that all units of general purpose local
government are eligible applicants for Minnesota investment
funds. A home rule charter or statutory city, county, or town
may loan or grant money under this section to a regional
development commission to provide the local match required for
capitalization of a regional revolving loan fund.
Subd. 3. [ELIGIBLE EXPENDITURES.] The money appropriated
for this section may be used to provide grants for
infrastructure, loans, loan guarantees, interest buy-downs, and
other forms of participation with private sources of financing,
provided that a loan to a private enterprise must be for a
principal amount not to exceed one-half of the cost of the
project for which financing is sought.
Subd. 4. [ELIGIBLE PROJECTS.] Assistance must be evaluated
on the existence of the following conditions:
(1) creation of new jobs or retention of existing jobs;
(2) increase in the tax base;
(3) the project can demonstrate that investment of public
dollars induces private funds;
(4) the project can demonstrate an excessive public
infrastructure or improvement cost beyond the means of the
affected community and private participants in the project;
(5) the project provides higher wage levels to the
community or will add value to current workforce skills;
(6) whether assistance is necessary to retain existing
business; and
(7) whether assistance is necessary to attract out-of-state
business.
A grant or loan cannot be made based solely on a finding
that the conditions in clause (6) or (7) exist. A finding must
be made that a condition in clause (1), (2), (3), (4), or (5)
also exists.
Applications recommended for funding shall be submitted to
the commissioner.
Subd. 5. [GRANT LIMITS.] A Minnesota investment fund grant
may not be approved for an amount in excess of $500,000. This
limit covers all money paid to complete the same project,
whether paid to one or more grant recipients and whether paid in
one or more fiscal years. The portion of a Minnesota investment
fund grant that exceeds $100,000 must be repaid to the state
when it is repaid to the local community or recognized Indian
tribal government by the person or entity to which it was loaned
by the local community or Indian tribal government. Money
repaid to the state must be credited to the general fund. A
grant or loan may not be made to a person or entity for the
operation or expansion of a casino or a store which is used
solely or principally for retail sales. Persons or entities
receiving grants or loans must pay each employee total
compensation, including benefits not mandated by law, that on an
annualized basis is equal to at least 110 percent of the federal
poverty level for a family of four.
Subd. 6. [SPORTS FACILITY.] A Minnesota investment fund
grant or loan cannot be used for a project related to a sports
facility. For the purpose of this subdivision, "sports
facility" means a building that has a professional sports team
as a principal tenant.
Subd. 7. [CONTRACTUAL OBLIGATION.] A business receiving
Minnesota investment fund grants must demonstrate why the grant
is necessary for a project and enter into an agreement with the
local grantor. The agreement, among other things, must obligate
the recipient to pay the minimum compensation set by this
section and meet job creation goals. A recipient that breaches
the agreement must repay the grant directly to the commissioner.
Repayments under this subdivision must be deposited in the
general fund.
Sec. 30. Minnesota Statutes 1995 Supplement, section
138.01, is amended by adding a subdivision to read:
Subd. 5. The Minnesota historical society shall receive
specific appropriations each biennium to carry out the purposes
of subdivision 2. The appropriation must be sufficient to pay
for salary and benefit related increases as determined by the
commissioner of employee relations in the commissioner's plan in
accordance with section 43A.18, subdivision 2, and the
legislature.
Sec. 31. Minnesota Statutes 1994, section 138.35, is
amended by adding a subdivision to read:
Subd. 3. [EMPLOYMENT OF PERSONNEL.] The state
archaeologist may employ personnel to assist in carrying out the
state archaeologist's duties, and may spend state appropriations
to compensate such personnel.
Sec. 32. Minnesota Statutes 1994, section 138.664, is
amended by adding a subdivision to read:
Subd. 13a. Burbank Livingston Griggs House; Ramsey county.
Sec. 33. Minnesota Statutes 1994, section 138.763,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP.] There is a St. Anthony Falls
heritage board consisting of 19 22 members with the director of
the Minnesota historical society as chair. The members include
the mayor,; the chair of the Hennepin county board of
commissioners or the chair's designee,; the president of the
Minneapolis park and recreation board or the president's
designee,; the superintendent of the park board,; two members
each from the house of representatives appointed by the speaker,
the senate appointed by the rules committee, the city council,
the Hennepin county board, and the park board, and; one member
each from the preservation commission, the preservation office,
Hennepin county historical society, and the society; one person
appointed by the park board; and two persons appointed by the
chair of the board.
Sec. 34. Minnesota Statutes 1994, section 298.22, is
amended by adding a subdivision to read:
Subd. 6. [EQUITY PARTICIPATION.] The board may acquire an
equity interest in any project for which it provides funding.
Sec. 35. Minnesota Statutes 1994, section 469.056,
subdivision 2, is amended to read:
Subd. 2. [CONTRACTS.] A port authority may contract to
erect, repair, maintain or operate docks, warehouses, terminals,
elevators, or other structures on or in connection with property
it owns or controls. The authority may contract or arrange with
the federal government, or any of its departments, with persons,
public corporations, the state, or any of its political
subdivisions, commissions, or agencies, for separate or joint
action, on any matter related to using the authority's powers or
doing its duties. The authority may contract to purchase and
sell real and personal property. An obligation or expense must
not be incurred unless existing appropriations together with the
reasonably expected revenue of the port authority from other
sources are sufficient to discharge the obligation or pay the
expense when due. The state and its municipal subdivisions are
not liable on the obligations. Notwithstanding section 16A.695,
for leases or management contracts entered into with respect to
property acquired or bettered with the proceeds of state general
obligation bonds, (1) a seaway port authority may meet its
obligations and expenses of operating and reinvest in capital
improvements by retaining revenues received under the leases or
management contracts and is not required to pay lease or
management contract revenues to the commissioner of finance; and
(2) the lease or management contract entered into by a seaway
port authority must not be canceled or terminated as a result of
changes or termination by the state in the governmental program
of the seaway port authority unless compensation is paid as
provided by law.
Sec. 36. Minnesota Statutes 1994, section 469.303, is
amended to read:
469.303 [ELIGIBILITY REQUIREMENTS.]
An area within the city is eligible for designation as an
enterprise zone if the area is (1) designated as includes census
tracts eligible for a proposed federal empowerment zone or
enterprise community as defined by the city in an application to
the United States Department of Housing and Urban Development
under Public Law Number 103-66, provided the city can
demonstrate that it can meet the notwithstanding the maximum
zone population standard under the federal empowerment zone
program for cities with a population under 500,000 or (2) an
area within a city of the second class that is designated as an
economically depressed area by the United States Department of
Commerce.
Sec. 37. Minnesota Statutes 1995 Supplement, section
473.252, is amended to read:
473.252 [TAX BASE REVITALIZATION ACCOUNT.]
Subdivision 1. [DEFINITION.] For the purposes of this
section, "municipality" means a statutory or home rule charter
city or town participating in the local housing incentives
program under section 473.254, or a county in the metropolitan
area.
Subd. 1a. [DEVELOPMENT AUTHORITY.] For the purpose of this
section, "development authority" means a statutory or home rule
charter city, housing and redevelopment authority, economic
development authority, or a port authority.
Subd. 2. [SOURCES OF FUNDS.] The council shall credit to
the tax base revitalization account within the fund the amount,
if any, provided for under section 473.167, subdivision 3a,
paragraph (b), and the amount, if any, distributed to the
council under section 473F.08, subdivision 3b.
Subd. 3. [DISTRIBUTION OF FUNDS.] (a) The council must use
the funds in the account to make grants to municipalities or
development authorities for the cleanup of polluted land in the
metropolitan area. A grant to a metropolitan county or a
development authority must be used for a project in a
participating municipality. The council shall prescribe and
provide the grant application form to municipalities. The
council must consider the probability of funding from other
sources when making grants under this section.
(b)(1) The legislature expects that applications for grants
will exceed the available funds and the council will be able to
provide grants to only some of the applicant municipalities. If
applications for grants for qualified sites exceed the available
funds, the council shall make grants that provide the highest
return in public benefits for the public costs incurred, that
encourage commercial and industrial development that will lead
to the preservation or growth of living-wage jobs and that
enhance the tax base of the recipient municipality.
(2) In making grants, the council shall establish regular
application deadlines in which grants will be awarded from the
available money in the account. If the council provides for
application cycles of less than six-month intervals, the council
must reserve at least 40 percent of the receipts of the account
for a year for application deadlines that occur in the second
half of the year. If the applications for grants exceed the
available funds for an application cycle, no more than one-half
of the funds may be granted to projects in a statutory or home
rule charter city and no more than three-quarters of the funds
may be granted to projects located in cities of the first class.
(c) A municipality may use the grant to provide a portion
of the local match requirement for project costs that qualify
for a grant under sections 116J.551 to 116J.557.
Sec. 38. Laws 1980, chapter 595, section 3, as amended by
Laws 1985, chapter 194, section 29; Laws 1988, chapter 572,
section 2; and Laws 1988, chapter 594, sections 1 to 4, is
amended by adding a subdivision to read:
Subd. 13. [ECONOMIC DEVELOPMENT.] When the agency
exercises its powers for industrial development or to establish
industrial development districts for purposes under Minnesota
Statutes, sections 469.048 to 469.068, the term "industrial,"
when used in relation to industrial development purposes,
includes "economic" and "economic development."
Sec. 39. [NEW TECHNOLOGY TRAINING.]
The house of representatives may spend funds carried
forward from its appropriations for the biennium ending June 30,
1995, for costs associated with training for new technology.
Sec. 40. [REPEALER.]
(a) Minnesota Statutes 1994, sections 116J.873,
subdivisions 1, 2, and 4; and 138.662, subdivision 5; and
Minnesota Statutes 1995 Supplement, section 116J.873,
subdivisions 3 and 5, are repealed.
(b) Minnesota Statutes 1994, section 268.9783, subdivision
8; and Laws 1988, chapter 684, article 1, section 23, are
repealed.
Sec. 41. [EFFECTIVE DATE.]
Sections 12 to 28, 30, 31, and 33 to 39; section 40,
paragraph (b); and all provisions making appropriations for
fiscal year 1996, are effective the day following final
enactment. Section 29; and section 40, paragraph (a), are
effective July 1, 1996.
Presented to the governor April 4, 1996
Signed by the governor April 12, 1996, 11:05 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes