Office of the Revisor of Statutes
Minnesota Session Laws - 1997, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 200-H.F.No. 2158
An act relating to the organization and operation of
state government; appropriating money for economic
development and certain agencies of state government;
establishing and modifying certain programs; providing
for regulation of certain activities and practices;
standardizing certain licensing service fees;
establishing and modifying certain fees; modifying
housing programs; establishing a task force; providing
for a manufactured home park to be a conditional use;
requiring reports; modifying definitions; amending
Minnesota Statutes 1996, sections 44A.01, subdivision
2; 60A.23, subdivision 8; 60A.71, by adding a
subdivision; 60K.06, subdivision 2; 65B.48,
subdivision 3; 72B.04, subdivision 10; 79.253,
subdivision 1; 79.255, by adding a subdivision; 82.21,
subdivision 1; 82B.09, subdivision 1; 115B.03,
subdivision 5; 115C.021, by adding a subdivision;
115C.03, subdivision 9; 115C.08, subdivision 4;
115C.09, subdivision 3, and by adding a subdivision;
115C.13; 116J.01, subdivision 5; 116J.552, subdivision
4; 116J.615, subdivision 1; 116L.04, subdivision 1,
and by adding a subdivision; 116O.05, by adding a
subdivision; 116O.122, subdivision 1; 155A.045,
subdivision 1; 176.181, subdivision 2a; 268.38,
subdivision 7; 268.672, subdivision 6, and by adding
subdivisions; 268.673, subdivisions 3, 4a, and 5;
268.6751, subdivision 1; 268.677, subdivision 1;
268.681; 268.917; 268A.15, subdivisions 2, 6, and by
adding subdivisions; 298.22, by adding a subdivision;
326.86, subdivision 1; 394.25, by adding a
subdivision; 446A.04, subdivision 5; 446A.081,
subdivisions 1, 4, and 9; 446A.12, subdivision 1;
462.357, by adding a subdivision; 462A.05,
subdivisions 14d, 30, 39, and by adding a subdivision;
462A.13; 462A.201, subdivision 2; 462A.205; 462A.206,
subdivisions 2 and 4; 462A.207, subdivisions 1, 2, 3,
4, and 6; 462A.21, subdivision 12a; and 469.305,
subdivision 1; Laws 1997, chapter 85, article 1,
section 39, subdivision 4; proposing coding for new
law in Minnesota Statutes, chapters 45; 79; 116J;
116L; 268; 366; 462A; and 469; repealing Minnesota
Statutes 1996, sections 116J.581; 116J.990,
subdivision 7; 268.39; 268.672, subdivision 4;
268.673, subdivision 6; 268.676; 268.677, subdivisions
2 and 3; 268.678; 268.679, subdivision 3; 462A.05,
subdivision 20; 462A.206, subdivision 5; and 462A.21,
subdivisions 4k, 12, and 14.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
APPROPRIATIONS
Section 1. [ECONOMIC DEVELOPMENT; APPROPRIATIONS.]
The sums shown 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 act, to be
available for the fiscal years indicated for each purpose. The
figures "1998" and "1999," where used in this act, mean that the
appropriation or appropriations listed under them are available
for the year ending June 30, 1998, or June 30, 1999,
respectively. The term "first year" means the fiscal year
ending June 30, 1998, and "second year" means the fiscal year
ending June 30, 1999.
SUMMARY BY FUND
1998 1999 TOTAL
General $195,977,000 $163,741,000 $359,718,000
Petroleum Tank
Cleanup 957,000 969,000 1,926,000
Trunk Highway 706,000 723,000 1,429,000
Workers'
Compensation 23,095,000 23,130,000 46,225,000
Special Revenue 1,120,000 1,125,000 2,245,000
Taconite Environmental
Protection 1,410,000 -0- 1,410,000
TOTAL $223,265,000 $189,688,000 $412,953,000
APPROPRIATIONS
Available for the Year
Ending June 30
1998 1999
Sec. 2. TRADE AND ECONOMIC DEVELOPMENT
Subdivision 1. Total
Appropriation 51,419,000 35,983,000
Summary by Fund
General 50,713,000 35,260,000
Trunk Highway 706,000 723,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Business and Community
Development
35,963,000 20,977,000
$7,017,000 the first year and
$6,017,000 the second year is for
Minnesota investment fund grants. Of
this appropriation, $3,000,000 the
first year and $2,000,000 the second
year are one-time appropriations and
may not be added to the budget base for
the biennium ending June 30, 2001. Of
this one-time appropriation $1,000,000
the first year is for a single grant
recipient, to be identified by the
commissioner, notwithstanding the
monetary limitation under Minnesota
Statutes, section 116J.8731,
subdivision 5. This amount may not be
added to the agency's budget base.
This amount is available until June 30,
1999.
$450,000 the first year and $450,000
the second year is for grants to
Advantage Minnesota, Inc. The funds
are available only if matched on at
least a dollar-for-dollar basis from
other sources. The commissioner may
release the funds only upon:
(1) certification that matching funds
from each participating organization
are available; and
(2) review and approval by the
commissioner of the proposed operations
plan of Advantage Minnesota, Inc. for
the biennium.
$7,418,000 the first year and
$7,918,000 the second year is for the
job skills partnership program. If the
appropriation for either year is
insufficient, the appropriation for the
other year is available. This
appropriation does not cancel. Of this
amount, $1,500,000 the first year and
$2,000,000 the second year is for the
Pathways program under Minnesota
Statutes, section 116L.04, subdivision
1a.
$250,000 the first year is for a grant
from the department of trade and
economic development to the Software
Technology Center to broaden
industry-related educational and
technological services. This
appropriation is available upon
documentation of a dollar-for-dollar
match from other sources since the
inception of the Software Technology
Center. This is a one-time
appropriation and must not be included
in the budget base for the biennium
ending June 30, 2001.
$100,000 the first year is for a
one-time grant to the Duluth Technology
Center. This appropriation is
available until June 30, 1999.
$25,000 the first year is for a
one-time grant to the city of New
London for improvements to the Little
Theatre. This appropriation is
available when the city matches the
appropriation with $25,000 from
nonstate sources.
$750,000 the first year is for one or
more grants to the Minnesota Futures
Fund administered by the Minneapolis
Foundation. The Minneapolis Foundation
shall use these grants to provide
technical assistance grants to
nonprofit organizations to assist them
in redesigning services and
organizational structures in response
to changes in federal and state welfare
policy. The commissioner shall make
the grants in amounts necessary to
match nonpublic contributions to the
fund on a dollar-for-dollar basis.
This appropriation is available until
June 30, 1999. This is a one-time
appropriation and may not be included
in the budget base for the biennium
ending June 30, 2001.
$35,000 the first year is for a
one-time appropriation to the Fairfax
economic development authority for roof
replacement. This appropriation is
available until June 30, 1999.
$2,000,000 the first year is for a
one-time grant to the city of Brooklyn
Center to redevelop the Brookdale
regional center and provide
opportunities for economic development
at or near the center. The grant must
be used to assist the city in
constructing a series of storm water
retention ponds that will facilitate
the redevelopment and economic
development of the center and nearby
property. The grant must be on terms
and conditions determined by the
commissioner. The grant must be
matched by city resources that equal at
least 25 percent of the grant.
$650,000 the first year is for the
taconite mining grant program under
Minnesota Statutes, section 116J.992.
This appropriation is available until
June 30, 1999. This is a one-time
appropriation and may not be included
in the budget base for the biennium
ending June 30, 2001.
$95,000 the first year and $95,000 the
second year is for grants to county and
district agricultural societies and
associations that are eligible to
receive aid under Minnesota Statutes,
section 38.02. The commissioner shall
spend this appropriation as grants of
$1,000 for each fair conducted by such
a county and district agricultural
society and association in each year.
$3,000,000 the first year is for a
grant to develop a direct reduction
iron-processing facility in Minnesota.
This appropriation is available until
June 30, 1999. This is a one-time
appropriation and may not be included
in the budget base for the biennium
ending June 30, 2001.
$500,000 the first year is for
technical assistance under Minnesota
Statutes, section 116J.8745. This
appropriation is available until June
30, 1999.
$4,444,000 the first year is for state
matching money for federal grants to
capitalize the drinking water revolving
loan fund under Minnesota Statutes,
section 446A.081. The expenditure is
limited to the minimum amount necessary
to match the allotment of federal money
to Minnesota. This is a one-time
appropriation and must not be included
in the budget base for the biennium
ending June 30, 2001.
$25,000 the first year is for a
one-time grant to the city of St. Paul
to improve, beautify, and enhance
marked trunk highway No. 5 from
Minneapolis-St.Paul international
airport to interstate highway No.
35-E. Enhancements may include, among
other things, landscaping, historical
lighting, and signing.
$100,000 the first year is for a
one-time grant to the city of Grey
Eagle for construction of a wastewater
treatment plant.
$526,000 the first year and $537,000
the second year is from fees collected
under Minnesota Statutes, section
446A.04, subdivision 5, to administer
the programs of the public facilities
authority.
$125,000 the first year is for a
one-time demonstration project grant to
the city of Newport for the city to
conduct a study of the economic impact
on the city resulting from regional
infrastructure improvement projects.
The city may retain consultants and
enter into contracts it considers
desirable to conduct the study. The
elements of the study must include an
alternate economic use study, a fiscal
impact study, an infrastructure impact
study, and a traffic impact study. The
grant is available only to the extent
that the city provides in-kind
resources or money that provides a
one-to-one match of the grant.
$100,000 the first year is for a grant
to the Minnesota Organization for
Global Professional Assignments, an
independent, nonprofit corporation, for
a program that creates opportunities
for the international professional
development of Minnesota college
graduates and Minnesota college seniors
interested in pursuing careers with
multinational businesses. This is a
one-time appropriation. The
appropriation is available for the
fiscal year ending June 30, 1998.
$100,000 the first year and $100,000
the second year is for one-time grants
to the city of New Brighton, as project
coordinator and fiscal agent of the
seven-city coalition, for the
multicommunity business retention and
market expansion project and related
planning efforts linking geographical
information systems, contaminated land
remediation, land use planning,
transportation corridor study,
integration of existing housing stock,
subregional transit and reverse commute
coordination, employment densities, job
training and welfare reform placement
coordination, and commercial and
industrial development. The coalition
shall share all results and written
reports with the department of trade
and economic development.
$2,000,000 the first year is for
transfer to the rural policy and
development center fund. This
appropriation does not cancel. This is
a one-time appropriation and may not be
included in the agency's budget base
for the biennium ending June 30, 2001.
$250,000 the first year and $250,000
the second year is for grants to the
board of the rural policy and
development center for operation of the
center.
$130,000 the first year and $155,000
the second year is for grants to the
metropolitan economic development
association.
$240,000 the first year and $265,000
the second year is for grants to
WomenVenture.
WomenVenture and the metropolitan
economic development association must,
in the first year, develop contacts and
relationships with the regional
initiatives selected under Minnesota
Statutes, section 116J.415, subdivision
3, and a plan to deliver their services
statewide. In the second year, they
must generally offer their services
statewide.
$500,000 the first year and $500,000
the second year is for grants to the
St. Paul rehabilitation center for its
current programs, including those
related to developing job-seeking
skills and workplace orientation,
intensive job development, functional
work English, and on-site job coaching.
$250,000 in the first year is for a
one-time 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.
$200,000 the first year is for an
agreement with the Judy Garland
Children's Museum to assist in the
design and construction of a children's
museum. This amount must be matched by
at least $1,275,000 from nonstate
sources committed by June 30, 1998.
This is a one-time appropriation and
may not be added to the agency's budget
base in future biennia.
Notwithstanding Minnesota Statutes,
section 116J.8731, or any other law to
the contrary, the commissioner shall,
in the commissioner's considerations on
Minnesota investment fund grants in
fiscal year 1998, strongly consider an
application for a $250,000 grant to the
Morrison county rural development
authority established under Laws 1982,
chapter 437, for capital improvements
to a paper and wood products
manufacturer in Morrison county
primarily for the purposes of facility
upgrading and expansion of the
manufacturer's capability to utilize
recycled wastepaper as a fiber source,
thereby achieving the purpose of job
enhancement, stability, and
preservation. As part of this
consideration, the commissioner shall
confer with the manufacturer, inspect
the manufacturer's facilities, and
conduct an analysis of the
manufacturer's business plan and its
previous and proposed efforts to
achieve these purposes. The
commissioner shall strongly consider
approving the grant application unless
the commissioner determines that the
grant will not significantly contribute
to achieving these purposes. The
commissioner must make a determination
on this application by December 1, 1997.
$45,000 the first year is for a
one-time grant to the Upper Minnesota
Valley River regional development
commission for development of design
specifications and architectural plans
for a regional visitors center, to be
built on the upper segment of the
Minnesota river corridor within the
designated scenic byway area and in
conjunction with the development of the
Minnesota river corridor trail. This
appropriation is available until June
30, 1999.
$100,000 the first year and $100,000
the second year is for grants to create
and operate community development
corporations under Minnesota Statutes,
section 116J.982, that target
Asian-Pacific Minnesotans. One must be
in Hennepin county and one must be in
Ramsey county.
$80,000 the first year and $80,000 the
second year is for one-time grants to
the greater metropolitan area foreign
trade zone commission for the purpose
of promoting foreign trade zones in
Minnesota.
Subd. 3. Minnesota Trade Office
2,452,000 2,336,000
$250,000 the first year and $100,000
the second year is for a multifaceted
program to develop trade with China.
This is a one-time appropriation and
must not be included in the budget base
for the biennium ending June 30, 2001.
The department shall act as the lead
agency in developing a plan for a
coordinated effort to promote Minnesota
internationally. The commissioner may
appoint an advisory committee and may
seek federal and private funding to
develop and implement the plan.
Subd. 4. Tourism
8,625,000 8,205,000
Summary by Fund
General 7,919,000 7,482,000
Trunk Highway 706,000 723,000
To develop maximum private sector
involvement in tourism, $2,500,000 the
first year and $2,500,00 the second
year of the amounts appropriated for
marketing activities are contingent on
receipt of an equal contribution from
nonstate sources that have been
certified by the commissioner. Up to
one-half of the match may be given in
in-kind contributions. This
appropriation may not be spent until
the money is matched.
In order to maximize marketing grant
benefits, the commissioner must give
priority for joint venture marketing
grants to organizations with year-round
sustained tourism activities. For
programs and projects submitted, the
commissioner must give priority to
those that encompass two or more areas
or that attract nonresident travelers
to the state.
If an appropriation for either year for
grants is not sufficient, the
appropriation for the other year is
available for it.
The commissioner may use grant dollars
or the value of in-kind services to
provide the state contribution for the
partnership program.
Any unexpended money from general fund
appropriations made under this
subdivision does not cancel but must be
placed in a special advertising account
for use by the office of tourism to
purchase additional media.
$329,000 the first year and $329,000
the second year is for the Minnesota
film board. This appropriation is
available only upon receipt by the
board of $1 in matching contributions
of money or in-kind from nonstate
sources for every $3 provided by this
appropriation.
$500,000 the first year and $500,000
the second year is for grants to the
Minnesota film board for a film
production jobs fund to stimulate
feature film production in Minnesota.
This appropriation is to reimburse film
producers for two to five percent of
documented wages which they paid to
Minnesotans for film production after
January 1, 1997.
$500,000 the first year is for a
one-time grant to the Leroy Neiman
museum of art. This appropriation is
available on documentation of a
dollar-for-dollar match from other
sources. This amount may not be added
to the agency's budget base.
$10,000 the first year is for a
one-time grant to the city of St. Louis
Park for public art. This
appropriation is available on
documentation of a dollar-for-dollar
match from other sources and is
available until June 30, 1999. $25,000
in the first year is for a one-time
grant to the city of Bloomington for
planning, development, and site
selection of a community tourism center
and theater.
The office of tourism shall expand its
efforts in the 1998-1999 biennium to
market and promote tourism within
Minnesota that emphasizes multicultural
areas and neighborhoods and those areas
and neighborhoods with a high
concentration of recent immigrants.
Subd. 5. Administration
2,971,000 3,028,000
Subd. 6. Information and Analysis
1,408,000 1,437,000
Sec. 3. MINNESOTA TECHNOLOGY, INC. 9,537,000 10,037,000
$7,605,000 the first year and
$8,105,000 the second year is for
transfer from the general fund to the
Minnesota Technology, Inc. fund.
$75,000 the first year and $75,000 the
second year is for grants to Minnesota
Inventors Congress.
$694,000 the first year and $694,000
the second year is for grants to
Minnesota Project Innovation.
Minnesota Project Innovation must open
and maintain an office in Northeastern
Minnesota.
$1,500,000 the first year and
$2,000,000 the second year is for a
technology partnership fund to make
investments of $20,000 to $100,000 in
businesses partnering with faculty
members at Minnesota academic
institutions. Any unencumbered balance
remaining in the first year does not
cancel but is available for the second
year of the biennium.
$950,000 the first year and $950,000
the second year is for grants to the
Natural Resources Research Institute.
$113,000 the first year and $113,000
the second year is for grants to
Minnesota Council for Quality.
$100,000 the first year and $100,000
the second year is for grants to
Minnesota Cold Weather Research Center.
Sec. 4. WORLD TRADE CENTER CORP. 78,000
$78,000 the first year is to retire the
debt of the Minnesota World Trade
Center. This is a one-time
appropriation and may not be included
in the budget base for the biennium
ending June 30, 2001. In addition, the
Minnesota trade office may transfer
$50,000 each year to the World Trade
Center for services to agencies,
nonprofit and public organizations.
Sec. 5. ECONOMIC SECURITY
Subdivision 1. Total
Appropriation 42,067,000 34,110,000
Summary by Fund
General 41,292,000 33,335,000
Special Revenue 775,000 775,000
Subd. 2. Rehabilitation Services
19,810,000 19,815,000
$1,750,000 the first year and
$1,750,000 the second year is for
centers for independent living.
$500,000 the first year is to provide
services to people with severe
impairment to employment, as defined in
Minnesota Statutes, section 268A.15,
subdivision 1a. Of this appropriation,
five percent is for administrative
costs. This is a one-time
appropriation and may not be added to
the budget base in the biennium ending
June 30, 2001.
$323,000 the first year and $823,000
the second year are for employment
support services authorized under
Minnesota Statutes, section 268A.13.
$200,000 the first year and $200,000
the second year is for a grant to the
Minnesota employment center for deaf
and hard-of-hearing people.
Subd. 3. State Services for the Blind
3,735,000 3,816,000
This appropriation may be supplemented
by funds provided by the Friends of the
Communication Center, for support of
Services for the Blind's Communication
Center, which serves all blind and
visually handicapped Minnesotans. The
commissioner shall report to the
legislature on a biennial basis the
funds provided by the Friends of the
Communication Center.
The commissioner may not require
employees to participate in intensive
blindness sensitivity training in which
the employees are blindfolded or
otherwise simulate blindness, unless
the employee is a manager or counselor;
except that the commissioner may
require the training for up to 14
employees who are not managers or
counselors but have direct contact with
blind clients seeking services, and up
to four employees at the store located
at the state services for the blind.
A person may not serve more than a
total of six years as a member of the
rehabilitation advisory council for the
blind or its predecessor, the council
for the blind. Service prior to the
effective date of this section is
included in the six-year limit, except
that a person currently serving on the
rehabilitation advisory council for the
blind may serve out the person's
current term and serve one additional
term.
Subd. 4. Workforce Preparation
16,922,000 9,079,000
Summary by Fund
General 16,147,000 8,304,000
Special Revenue 775,000 775,000
$775,000 the first year and $775,000
the second year is for job training
programs under Minnesota Statutes,
sections 268.60 to 268.64.
Notwithstanding Minnesota Statutes,
section 268.022, this appropriation is
from the workforce investment fund. Of
this amount, $250,000 each year is for
grants to the Ramsey county
opportunities industrialization
center. The grants are to be used to
(1) offer prevocational training
programs and specific vocational
training programs involving intensive
English as a second language in
instruction, and (2) train for and
locate entry level jobs including,
without limitation, clerical, building
maintenance, manufacturing, home
maintenance and repair, and certified
nursing assistance.
$1,815,000 the first year and
$1,817,000 the second year is for
displaced homemaker programs under
Minnesota Statutes, section 268.96.
$1,050,000 the first year and
$1,050,000 the second year is for youth
intervention programs under Minnesota
Statutes, section 268.30. Funding from
this appropriation may be used to
expand existing programs to serve unmet
needs and to create new programs in
underserved areas. This appropriation
is available until spent.
$1,500,000 the first year and
$1,500,000 the second year is to
supplement the activities of the Job
Training Partnership Act Title II-A
program as described in United States
Code, title 29, sections 1501 to 1792.
The commissioner may use up to five
percent of this amount of state
operations. The balance of the amount
is for services to temporary assistance
for needy families (TANF) recipients.
This is a one-time appropriation and
may not be included in the budget base
for the biennium ending June 30, 2001.
$75,000 the first year is for the PLATO
education partnership pilot program.
If the commissioner favorably evaluates
the demonstration implementation of
PLATO in Fairmont and Owatonna, the
commissioner shall select two other
communities in which PLATO will be
implemented. Of this amount, not more
than $10 is for the demonstration
implementations. This appropriation is
available until June 30, 1999. This is
a one-time appropriation and may not be
included in the agency's budget base
for the biennium ending June 30, 2001.
$250,000 the first year and $250,000
the second year is for the learn to
earn summer youth employment program
established under Laws 1995, chapter
224, sections 5 and 39. This
appropriation is available until spent.
$10,000 the first year and $10,000 the
second year are for one-time grants to
independent school district No. 2752,
Fairmont, for community initiatives.
Of the money appropriated for the
summer youth program 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. In addition to the base
appropriation, $6,000,000 the first
year is for the summer youth program.
If the appropriation in either year is
insufficient, the appropriation for the
other year is available.
$700,000 the first year and $700,000
the second year is for the Youthbuild
program under Minnesota Statutes,
sections 268.361 to 268.366. 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.
$250,000 the first year is for a
one-time grant to the displaced
homemaker program in the department of
economic security and $125,000 the
first year and $125,000 the second year
are for one-time grants to the St. Paul
district 5 planning council. These
grants are to operate a community work
empowerment support group demonstration
project. A project consists of
empowerment groups of individuals that
are in the process of obtaining or have
obtained jobs, including those in the
welfare-to-work programs, or are
working out problems of attaining
self-sufficiency. The groups must
separately meet at least monthly for at
least two hours. Each group meeting
must include empower mentors whose
responsibility will be to conduct the
meeting. Group members must be paid at
least $20 for each meeting attended.
The sites will report to the
commissioner on a semiannual basis
regarding the progress achieved at the
meetings. The purpose of the group is
to:
(1) share information among group
members as to the successes and
problems encountered in the
individual's employment goals;
(2) provide a forum for individuals
involved in moving to self-sufficiency
to share their experiences and
strategies and to support and empower
each other; and
(3) to provide feedback to the
commissioner concerning the best
strategies to achieve the empowerment
support group's objectives.
Notwithstanding Minnesota Statutes,
section 268.022, subdivision 2, the
commissioner of finance shall transfer
to the general fund from the dedicated
fund $3,500,000 in the first year and
$3,500,000 in the second year of the
money collected through the special
assessment established in Minnesota
Statutes, section 268.022, subdivision
1.
$30,000 the first year is for a grant
to the city of Champlin for creating
and expanding curfew enforcement. The
program must have clearly established
neighborhood, community, and family
measures of success and must report to
the commissioner of economic security
on the achievement of these outcomes on
or before June 30, 1998.
$250,000 the first year is for a
one-time grant to Ramsey county to
expand the sister-to-sister mentoring,
support, and training network program
countywide. This appropriation is in
addition to money appropriated under
Minnesota Statutes, sections 256J.62
and 256J.76.
$500,000 is for a grant to the center
for victims of torture to design and
develop training to educate health care
and human service workers on levels of
sensitive care and how to make
referrals and to establish a network of
care providers to do pro bono care for
torture survivors so as to enable a
rapid integration into communities and
labor markets by torture victims. This
is a one-time appropriation requiring a
one-to-one nonstate, in-kind match, and
is available until expended.
Subd. 5. Workforce Exchange
1,600,000 1,400,000
$1,600,000 the first year and
$1,400,000 the second year is
appropriated to leverage federal
dollars in support of the
implementation of the Minnesota
Workforce Center System. The
department shall report to the
Minnesota office of technology its
plans to coordinate workforce center
development with the Minnesota career
education planning system and other
electronic job banks. This is a
one-time appropriation and may not be
included in the budget base for the
biennium ending June 30, 2001.
Sec. 6. HOUSING FINANCE AGENCY 33,380,000 24,976,000
The amounts that may be spent from this
appropriation for certain programs are
specified below.
This appropriation is for transfer to
the housing development fund for the
programs specified. Except as
otherwise indicated, this transfer is
part of the agency's permanent budget
base.
Spending limit on cost of general
administration of agency programs:
1998 1999
11,017,000 11,678,000
$1,550,000 the first year and
$1,550,000 the second year is for a
rental housing assistance program for
persons with a mental illness or
families with an adult member with a
mental illness under Minnesota
Statutes, section 462A.2097.
A biennial appropriation of $5,750,000
is made in the first year and is for
the family homeless prevention and
assistance program under Minnesota
Statutes, section 462A.204, and is
available until June 30, 1999.
Grants to organizations made under the
family homeless prevention and
assistance program may include grants
(1) to organizations providing case
management for persons that need
assistance to rehabilitate their rent
history and find rental housing, and
(2) to organizations that will provide,
and report on the success or failure
of, innovative approaches to housing
persons with poor rental histories,
including, but not limited to,
assisting tenants in correcting tenant
screening reports, developing a single
application fee and process acceptable
to participating landlords, developing
a certification of tenants program
acceptable to participating landlords,
expungement of unlawful detainer
records, and creating a bonding program
to encourage landlords to accept
high-risk tenants with poor rent
histories.
$583,000 the first year and $583,000
the second year is for the foreclosure
prevention and assistance program under
Minnesota Statutes, section 462A.207.
$2,750,000 the first year and
$2,750,000 the second year is for the
rent assistance for family
stabilization program under Minnesota
Statutes, section 462A.205. Of this
amount, $750,000 each year is a
one-time appropriation and is not added
to the agency's permanent base.
$2,348,000 the first year and
$2,348,000 the second year is for the
housing trust fund to be deposited in
the housing trust fund account created
under Minnesota Statutes, section
462A.201, and used for the purposes
provided in that section. Of this
amount, $550,000 each year must be used
for transitional housing.
$8,118,000 the first year and
$6,493,000 the second year is for the
affordable rental investment fund
program under Minnesota Statutes,
section 462A.21, subdivision 8b. Of
this amount, $1,625,000 the first year
is a one-time appropriation and is not
added to the agency's permanent base.
Of the one-time appropriation, $125,000
the first year is for housing for
people with HIV or AIDS outside of the
Minneapolis-St. Paul metropolitan
statistical area.
To the extent practicable, this
appropriation shall be used so that an
approximately equal number of housing
units are financed in the metropolitan
area, as defined in Minnesota Statutes,
section 473.121, subdivision 2, and in
the nonmetropolitan area.
(a) In the area of the state outside
the metropolitan area, the agency must
work with groups in the funding regions
created under Minnesota Statutes,
section 116J.415, to assist the agency
in identifying the affordable housing
needed in each region in connection
with economic development and
redevelopment efforts and in
establishing priorities for uses of the
affordable rental investment fund. The
groups must include the regional
development commissioners, the regional
organization selected under Minnesota
Statutes, section 116J.415, the private
industry councils, units of local
government, community action agencies,
the Minnesota housing partnership
network groups, local lenders,
for-profit and nonprofit developers,
and realtors. In addition to
priorities developed by the group, the
agency must give a preference to
economically viable projects in which
units of local government, area
employers, and the private sector
contribute financial assistance.
(b) In the metropolitan area, the
commissioner shall collaborate with the
metropolitan council to identify the
priorities for use of the affordable
rental investment fund. Funds
distributed in the metropolitan area
must be used consistent with the
objectives of the metropolitan
development guide, adopted under
Minnesota Statutes, section 473.145.
In addition to the priorities
identified in conjunction with the
metropolitan council, the agency shall
give preference to economically viable
projects that:
(1) include a contribution of financial
resources from units of local
government and area employers;
(2) take into account the availability
of transportation in the community; and
(3) take into account the job training
efforts in the community.
$187,000 the first year and $187,000
the second year is for the urban Indian
housing program under Minnesota
Statutes, section 462A.07, subdivision
15.
$1,683,000 the first year and
$1,683,000 the second year is for the
tribal Indian housing program under
Minnesota Statutes, section 462A.07,
subdivision 14.
$186,000 the first year and $186,000
the second year is for the Minnesota
rural and urban homesteading program
under Minnesota Statutes, section
462A.057.
$340,000 the first year and $240,000
the second year is for nonprofit
capacity building grants under
Minnesota Statutes, section 462A.21,
subdivision 3b. Of this amount,
$80,000 is for a grant to the Minnesota
housing partnership. Of this amount,
$150,000 is for equal grants to an
organization in each of the six regions
established under Minnesota Statutes,
section 116J.415, for capacity building
grants. Of this amount, $50,000 is for
a grant in the metropolitan area, as
defined in Minnesota Statutes, section
473.121, subdivision 2. Of this
amount, $100,000 the first year is to
develop projects under the neighborhood
land trust program under Minnesota
Statutes, sections 462A.30 and 462A.31,
and is available until June 30, 1999.
The appropriation in the first year for
the neighborhood land trust program is
a one-time appropriation and is not
added to the agency's permanent base.
$4,368,000 the first year and
$3,569,000 the second year is for the
community rehabilitation program under
Minnesota Statutes, section 462A.206.
Of this amount, $250,000 the first year
and $250,000 the second year is for
full-cycle home ownership and
purchase-rehabilitation lending
initiatives. Of this amount,
$1,218,000 the first year and $419,000
the second year are one-time
appropriations and are not added to the
agency's permanent base.
Of the one-time appropriation for the
community rehabilitation program,
$375,000 the first year and $375,000
the second year is for grants to
acquire, demolish, and remove
substandard multiple-unit residential
rental property or acquire,
rehabilitate, and reconfigure
multiple-unit residential rental
property. No more than one-half of
money available in a year shall be
given to a single project. Priority
must be given to projects that result
in the creation of housing
opportunities that will diversify the
housing stock and promote the creation
of life-cycle housing opportunities
within the community. For the purposes
of this paragraph, "substandard
multiple-unit residential rental
property" is property that meets the
definition of Minnesota Statutes 1996,
section 273.1316, subdivision 2.
Displaced residents must be provided
relocation assistance, as provided in
Minnesota Statutes, sections 117.50 to
117.56. To the extent allowed by
federal law, a public agency
administering a federal rent subsidy
program shall give priority to persons
displaced by grants under this section.
Of the one-time appropriation for the
community rehabilitation program,
$250,000 the first year is for a grant
to provide funds to an organization or
consortium of organizations
participating in a project that is
awarded a grant from the metropolitan
livable communities demonstration
program to develop affordable and
life-cycle housing in St. Paul or
Minneapolis. The project must be based
upon a comprehensive community planning
process that creates a long-term plan
to revitalize a neighborhood and must
include compact development with
linkages to employment, transit, and
affordable lifecycle housing.
Of the one-time appropriation for the
community rehabilitation program, up to
$550,000 the first year is for a grant
to the city of Landfall to purchase a
portion of real property in the city
owned by the Washington county housing
and redevelopment authority. The
agency shall not make the grant until
the city of Landfall has secured the
balance of the funds necessary to
purchase the real property from the
Washington county housing and
redevelopment authority. The agency
shall require that the land purchased
be restricted to use by current
residents or for affordable housing for
the term of the bonds issued by the
city to purchase the land. "Affordable"
is as defined by the metropolitan
council for the purposes of the
metropolitan livable communities
program.
A recipient of funds from the community
rehabilitation program for a project in
a historic preservation district in St.
Paul, must provide assurances to the
agency that the project will conform to
the written historic preservation
guidelines for the district and that
the funding recipient will not seek any
variance to the guidelines.
$4,287,000 the first year and
$4,287,000 the second year is for the
housing rehabilitation and
accessibility program under Minnesota
Statutes, section 462A.05, subdivisions
14a and 15a.
$1,075,000 the first year and
$1,075,000 the second year is for the
home ownership assistance fund under
Minnesota Statutes, section 462A.21,
subdivision 8. Of this amount,
$175,000 each year is a one-time
appropriation and is not added to the
agency's permanent base.
$25,000 the first year and $25,000 the
second year is for home equity
conversion counseling grants under
Minnesota Statutes, section 462A.28.
The money must be used for a counseling
service which only counsels for home
equity conversions.
$50,000 is for the costs of the
advisory task force on lead hazard
reduction, established in article 4,
section 1. This is a one-time
appropriation and is not added to the
agency's permanent base.
$80,000 is for the affordable
neighborhood design and development
initiative, in Laws 1995, chapter 224,
section 122. This is a one-time
appropriation and is not added to the
agency's permanent base.
Sec. 7. COMMERCE
Subdivision 1. Total
Appropriation 16,004,000 16,367,000
Summary by Fund
General 14,240,000 14,572,000
Petro Cleanup 957,000 969,000
Workers' Compensation 462,000 476,000
Special Revenue 345,000 350,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Financial Examinations
3,802,000 3,883,000
Subd. 3. Registration and Insurance
4,479,000 4,590,000
Summary by Fund
General 4,017,000 4,114,000
Workers' Compensation 462,000 476,000
Subd. 4. Enforcement and Licensing
3,945,000 4,031,000
Summary by Fund
General 3,600,000 3,681,000
Special Revenue 345,000 350,000
$345,000 the first year and $350,000
the second year is from the real estate
education, research, and recovery
account in the special revenue fund for
the purpose of Minnesota Statutes,
section 82.34, subdivision 6. If the
appropriation from the special revenue
fund for either year is insufficient,
the appropriation for the other year is
available for it.
Subd. 5. Petroleum Tank Release
Cleanup Board
957,000 969,000
This appropriation is from the
petroleum tank release cleanup fund.
Subd. 6. Administrative Services
2,821,000 2,894,000
Sec. 8. BOARD OF ACCOUNTANCY 572,000 587,000
Sec. 9. BOARD OF ARCHITECTURE,
ENGINEERING, LAND SURVEYING,
LANDSCAPE ARCHITECTURE, AND
INTERIOR DESIGN 684,000 700,000
Sec. 10. BOARD OF BARBER
EXAMINERS 136,000 140,000
Sec. 11. BOARD OF BOXING 79,000 82,000
Sec. 12. LABOR AND INDUSTRY
Subdivision 1. Total
Appropriation 25,110,000 25,168,000
Summary by Fund
General 3,941,000 4,012,000
Workers'
Compensation 21,169,000 21,156,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Workers' Compensation
12,152,000 12,160,000
This appropriation is from the workers'
compensation fund.
$125,000 the first year and $125,000
the second year is for grants to the
Vinland Center for rehabilitation
service.
Notwithstanding Minnesota Statutes,
section 79.253, the following
appropriations are made from the
assigned risk safety account in the
special compensation fund to the
commissioner of labor and industry:
(a) $77,000 the first year and $73,000
in the second year are for the purpose
of hiring one occupational safety and
health inspector. The inspector shall
perform safety consultations for
employers through labor-management
committees as defined in Minnesota
Statutes, section 179.81, subdivision
2, under an interagency agreement
entered into between the commissioners
of labor and industry and mediation
services.
(b) $95,000 the first year and $75,000
the second year are for the purpose of
providing information to employers
regarding the prevention of violence in
the workplace.
(c) $25,000 the first year and $25,000
the second year are for the purpose of
safety training and other safety
programs for youth apprentices.
Subd. 3. Workplace Services
6,393,000 6,713,000
Summary by Fund
General 2,875,000 2,931,000
Workers'
Compensation 3,518,000 3,782,000
$204,000 the first year and $204,000
the second year is for labor education
and advancement program grants.
Subd. 4. General Support
6,565,000 6,295,000
Summary by Fund
General 1,066,000 1,081,000
Workers'
Compensation 5,499,000 5,214,000
Subd. 5. Daedalus Project
$2,500,000 appropriated in Laws 1995,
chapter 224, section 12, subdivision 2,
from the workers' compensation fund for
the Daedalus imaging project does not
cancel on June 30, 1997, but is
available until June 30, 1999.
Sec. 13. BUREAU OF MEDIATION SERVICES
Subdivision 1. Total
Appropriation 2,061,000 2,074,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Mediation Services
1,646,000 1,659,000
Subd. 3. Labor Management Cooperation Grants
302,000 302,000
$302,000 each year is for grants to
area labor-management committees. Any
unencumbered balance remaining at the
end of the first year does not cancel
but is available for the second year.
Subd. 4. Office of Dispute Resolution
113,000 113,000
Sec. 14. WORKERS' COMPENSATION
COURT OF APPEALS 1,464,000 1,498,000
This appropriation is from the workers'
compensation fund.
Sec. 15. LABOR INTERPRETIVE
CENTER 207,000 214,000
Sec. 16. PUBLIC UTILITIES
COMMISSION 3,326,000 3,400,000
The commission shall assess the amount
appropriated in section 25 in addition
to its assessments to public utilities
in fiscal year 1998 under Minnesota
Statutes, section 216B.62, subdivision
3. This assessment is not subject to
the limits prescribed under that
subdivision.
Sec. 17. DEPARTMENT OF PUBLIC SERVICE
Subdivision 1. Total
Appropriation 9,008,000 9,116,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Telecommunications
785,000 803,000
Subd. 3. Weights and Measures
3,076,000 3,070,000
Subd. 4. Information and Operations
Management
1,501,000 1,532,000
Subd. 5. Energy
3,646,000 3,711,000
$588,000 each year is for transfer to
the energy and conservation account
established in Minnesota Statutes,
section 216B.241, subdivision 2a, for
programs administered by the
commissioner of economic security to
improve the energy efficiency of
residential oil-fired heating plants in
low-income households and, when
necessary, to provide weatherization
services to the homes.
Sec. 18. MINNESOTA HISTORICAL
SOCIETY
Subdivision 1. Total
Appropriation 23,315,000 23,476,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Education and
Outreach 11,763,000 12,078,000
$175,000 the first year and $175,000
the second year in addition to the base
is for the grant-in-aid programs for
county and local historical societies.
The Minnesota historical society shall
set program guidelines and criteria,
and shall require a dollar-for-dollar
match for these grants.
$150,000 the first year and $150,000
the second year is for activities
associated with the sesquicentennial
and millennium celebrations. This is a
one-time appropriation and may not be
included in the budget base for the
biennium ending June 30, 2001.
Subd. 3. Preservation and Access
8,661,000 8,828,000
$300,000 the first year and $300,000
the second year is for historic site
repair and maintenance.
Subd. 4. Information Program
Delivery
1,995,000 2,097,000
$1,900,000 the first year and
$2,000,000 the second year is for
technology improvements that will
expand core capacity and improve
service and program delivery. If the
appropriation for either year is
insufficient, the appropriation for the
other year is available.
Subd. 5. Fiscal Agent 896,000 473,000
(a) Sibley House Association
88,000 88,000
This appropriation is available for
operation and maintenance of the Sibley
House and related buildings on the Old
Mendota state historic site operated by
the Sibley House Association.
(b) Minnesota International Center
50,000 50,000
(c) Minnesota Air National
Guard Museum
19,000
(d) Institute for Learning and
Teaching - Project 120
110,000 110,000
(e) Minnesota Military Museum
29,000
(f) Farmamerica
150,000 150,000
Notwithstanding any other law, this
appropriation may be used for
operations.
(g) Bemidji Historical Museum
50,000
This appropriation is for a one-time
grant to the city of Bemidji to pay up
to one-half of the total costs,
including acquisition, design, other
preliminary work, and construction
costs, for purchase of an abandoned
historic railroad depot in the city and
its conversion to a historical museum
and facility for the Beltrami county
historical society.
(h) Winona County Historical Society
75,000
For a one-time grant for upgrade of
technology. The Winona county
historical society shall submit to the
Minnesota historical society a plan for
the use of this grant. As part of this
project, the Minnesota historical
society, in collaboration with the
Winona county historical society and
other county and local historical
societies, shall develop a plan for the
future use of technology by county and
local historical societies.
(i) Humphrey Museum
50,000
For a one-time grant for planning, and
to the extent possible, design and
construction drawings for the Hubert H.
Humphrey museum to be located in
Waverly.
(j) Grimm Farmhouse
75,000
For a one-time grant to Hennepin parks
for the design and stabilization of the
Wendelin Grimm farmhouse. This
appropriation is available until June
30, 1999. This appropriation must be
matched by an equal amount from
nonstate sources.
(k) Perpich Memorial
100,000
For a one-time grant to the friends of
the iron range interpretative center
for planning, design, and construction
of a Rudy Perpich Memorial. This
appropriation is available until June
30, 1999.
(l) Citizenship Programs
75,000 75,000
For a grant to the Minnesota center for
community legal education for
citizenship programs in Minnesota
schools. Of this amount, (1) $30,000
is for Project Citizen, a program to
educate middle school students to
identify, study, and influence
decisions on public policy issues, (2)
$25,000 is for We the People, a program
to promote civic awareness and
responsibility among elementary and
secondary students, and (3) $20,000 is
for the Minnesota youth summit on
violence prevention, a program to build
citizenship skills among middle and
high school students by engaging them
in the lawmaking process.
(m) Fishing Museum
25,000
For work, in conjunction with the
commissioners of natural resources and
trade and economic development, on a
feasibility study for a museum housing
fishing-related artifacts, equipment,
and memorabilia. The director of the
Minnesota Historical Society must
present study recommendations to the
chairs of the appropriate legislative
finance committees and divisions by
January 15, 1998. This is a one-time
appropriation and may not be included
in the budget base for the biennium
ending June 30, 2001.
(n) Balances Forward
Any unencumbered balance remaining in
this subdivision the first year does
not cancel but is available for the
second year of the biennium.
Sec. 19. MINNESOTA MUNICIPAL
BOARD 307,000 315,000
Sec. 20. COUNCIL ON BLACK
MINNESOTANS 356,000 286,000
$7,500 each year is for expenses
associated with the Dr. Martin Luther
King Day activities.
$75,000 the first year is for planning
of an African Resource Center, a
clearinghouse for information and
referral services for recent immigrants
from Africa. This is a one-time
appropriation and may not be included
in the agency's budget base for the
biennium ending June 30, 2001. This
appropriation is available until June
30, 1999. To the extent that this
appropriation exceeds the amount needed
for planning the center, the balance
may be used for operation of the center.
Sec. 21. COUNCIL ON
CHICANO-LATINO AFFAIRS 300,000 305,000
Sec. 22. COUNCIL ON
ASIAN-PACIFIC MINNESOTANS 272,000 269,000
Sec. 23. INDIAN AFFAIRS
COUNCIL 523,000 535,000
Sec. 24. IRON RANGE RESOURCES
AND REHABILITATION BOARD 1,410,000
This appropriation is from the taconite
environmental protection fund. This
appropriation is available until June
30, 1999. The board shall spend this
appropriation for the following
one-time grants:
(a) City of Big Fork
75,000
For new well construction and
infrastructure for a housing park.
(b) Greenway Joint Recreation Board
35,000
For electrical system upgrade, Zamboni
room addition, roof replacement, and
other repairs and improvements to the
board's ice arena.
(c) Town of Lone Pine
10,000
For construction of a baseball field.
(d) City of Nashwauk
40,000
For construction of water and sewer
lines on Roberts Street.
(e) City of Marble
40,000
For construction of a water line on
Chernevet Avenue.
(f) City of Eveleth
100,000
For improvements to the community
hospital's dialysis unit.
(g) City of Aurora
100,000
For capital improvements to the White
community hospital.
(h) City of Virginia
380,000
For relocation of the Virginia
rehabilitation center.
(i) City of Buhl
180,000
For handicapped access improvements to
Martin Hugh high school.
(j) City of Ely
200,000
For construction of infrastructure in
the city's industrial park.
(k) Chisholm-Hibbing Airport Authority
250,000
For construction of infrastructure in
the airport industrial park.* (The
preceding section was vetoed by the
governor.)
Sec. 25. LEGISLATURE 50,000
This appropriation is from the general
fund is to be added to any other
appropriation made in the 1997
legislative session to the
legislature. This appropriation is for
the office of the legislative auditor
for a study and program evaluation of
the public utilities commission. The
study shall include, among other
things, (1) state functions relating to
public utility regulation assigned to
the commission, department of public
service, and office of the attorney
general, and methods of increasing
efficiency and avoiding unnecessary
duplication of effort in carrying out
these functions, and (2) the future
role of the commission in public
utility regulation and public service
during a time of increasing
deregulation of utilities. The
legislative auditor shall present an
interim report to the legislature on
the study by January 15, 1998, and
present a final report to the
legislature on the study by February 1,
1999. This appropriation is available
until June 30, 1999.
Sec. 26. CHILDREN, FAMILIES,
AND LEARNING
Subdivision 1. Total
Appropriation 1,050,000 -0-
Subd. 2. Meadowbrook Collaborative
Of this amount, $50,000 the first year
is for a one-time grant to the city of
St. Louis Park for the Meadowbrook
Collaborative Housing Project to
enhance youth outreach services and to
provide educational and recreational
programming for youth at risk through
the development of formal after school
programming and weekend youth
activities. The collaborative shall
include a cross-section of public and
private sector community
representatives to develop services to
address specific community and social
needs of children and youth.
These funds shall also be made
available to assist in staffing and
program development for the Meadowbrook
Youth Center. The center shall focus
on reducing truancy, developing assets
for at-risk youth, developing programs
for structured time thus minimizing
opportunities for adverse activities,
and mentoring with adults.
$25,000 of the amount available is
available on the day following final
enactment of this section on a nonmatch
basis to the collaborative to develop
at-risk youth programs. The remainder
is only available on a matching grant
basis.
Subd. 3. Energy Assistance
Of this amount, $500,000 is for
low-income energy assistance. This is
a one-time appropriation and may not be
added to the budget base for the
biennium ending June 30, 2001.
Of this amount, $500,000 is for the
low-income home weatherization
program. This is a one-time
appropriation and may not be added to
the budget base in the biennium ending
June 30, 2001.
Sec. 27. MILITARY AFFAIRS 50,000 50,000
$50,000 the first year and $50,000 the
second year is for the purpose of
coordinating agreements with community
empowerment support groups for the use
of the military training center and
related personnel at Camp Ripley for
providing what are commonly referred to
as "soft skills" job skills training to
people, including those who are
expected to make the transition from
welfare to work. "Soft skills" include
such things as being punctual and
following directions. The adjutant
general may enter into contracts with
other state departments and local
agencies for the purpose of using the
facilities at Camp Ripley and staff to
provide that training. This is a
one-time appropriation and may not be
added to the budget base for the
biennium ending June 30, 2001.
Sec. 28. OFFICE OF TECHNOLOGY;
INTERNATIONAL TRADE ACTIVITIES 500,000
$500,000 the first year is appropriated
from the general fund to the office of
technology for a one-time grant to the
regents of the University of Minnesota
for the operation of a secure
electronic authentication link
laboratory (SEAL).
Sec. 29. CITY OF ANDOVER 500,000
Notwithstanding any other law, $500,000
is appropriated the first year from the
contaminated site cleanup and
development account to the commissioner
of trade and economic development for a
grant to the city of Andover to be used
for the cleanup of contaminated land
but this grant cannot be used for land
acquisition. This appropriation shall
be funded by tax proceeds collected
under Minnesota Statutes, section
270.91, and deposited into the
account. This is a one-time
appropriation and may not be added to
the budget base for the biennium ending
June 30, 2001.
Sec. 30. [MINNESOTA TECHNOLOGY GRANT TO MINNESOTA
TECHNOLOGY CORRIDOR CORPORATION.]
The grant under Laws 1995, chapter 224, section 3, to the
Minnesota Technology Corridor Corporation, a 501(c)(3) nonprofit
corporation, does not cancel, and any remaining balance of the
grant that may exist upon the dissolution of the Minnesota
Technology Corridor Corporation shall be transferred to the
William C. Norris Institute, a 501(c)(3) nonprofit corporation.
Sec. 31. [RURAL POLICY AND DEVELOPMENT CENTER;
TRANSITION.]
The governor shall appoint the board of the center for
rural policy and development, other than legislative members, by
August 1, 1997. Original appointments shall be staggered so
that four members serve two-year terms, four serve four-year
terms, and five serve six-year terms. Thereafter, all terms
shall be for six years or the unexpired term of a term that was
not completed.
Sec. 32. [STUDY OF STATE SERVICES FOR THE BLIND.]
The legislative audit commission is requested to undertake
a study, for reporting to the legislature in 1998, of the
advisability of removing state services for the blind from the
department of economic security and creating a separate board
for the blind, governed by a board appointed by the governor.
The study should include the factors of mission, identity,
visibility, service, accountability to blind citizens, consumer
involvement, administration, finance, and employment. The study
should be performed in consultation with the rehabilitation
advisory council for the blind, as well as with consumer groups
and blind individuals.
Sec. 33. [STUDY OF JOB-TRAINING PROGRAMS.]
Subdivision 1. [STUDY.] The commissioners of trade and
economic development, labor and industry, and economic security
shall conduct a joint study of job-training programs funded
wholly or partly with state funds. The commissioners must
report to the governor and legislature on the development of the
study by January 15, 1998, and make a final report on the study
by January 15, 1999.
Subd. 2. [LONG-TERM TRACKING.] The study must include
findings and recommendations on the feasibility and desirability
of creating and implementing long-term tracking of individuals
who complete state-funded job training programs. The
recommended tracking must provide, among other things, for
comparison of per capita income and wages earned by participants
in these programs with those earned by nonparticipants who are
in the same socioeconomic group as participants at the time of
program entry. The study shall take into consideration the
physical and mental capabilities of individuals as well as their
levels of learning and training.
Subd. 3. [COST REPORT.] The study must include a
compilation of all job training programs funded wholly or partly
with state funds for the purpose of determining the true cost of
these programs. The study shall include, for each such program:
(1) a program description;
(2) the total costs, including those incurred by federal,
state, and local governments, and private and nonprofit
employers;
(3) economic benefits; and
(4) a comparison of the per-capita cost with the increases
in wages earned by program participants.
Sec. 34. [INTERNATIONAL AFFAIRS COORDINATOR.]
During the biennium ending June 30, 1999, the legislative
coordinating commission may employ an international affairs
coordinator to:
(1) host international visitors;
(2) promote international education, research, and
exchanges; and
(3) monitor federal laws and agreements.
All state agencies shall assist the coordinator in the
performance of the coordinator's duties.
Sec. 35. [COMMISSIONER OF NATURAL RESOURCES; AVAILABILITY
OF APPROPRIATION.]
The appropriation in Laws 1996, chapter 407, section 3, of
$750,000 to the commissioner of natural resources from the
taconite protection fund for acquisition and development of the
Iron Range off-highway vehicle recreation area does not cancel
but is available until June 30, 1999.
Sec. 36. [COMMISSIONER OF ECONOMIC SECURITY; GRANT TO ST.
PAUL.]
The commissioner of economic security shall spend all of
the allocation to the city of St. Paul under Minnesota Statutes,
section 469.305, subdivision 1, for fiscal year 1997, that has
not been spent or otherwise committed by the city of St. Paul on
the effective date of this section, as a grant to the city of St.
Paul for community development corporations to be used for
microenterprise and equity loans to eligible businesses located
or to be located at or near the Dale Street shops/Maxson Steel
industrial sites and the Minnehaha Mall area of the city of St.
Paul. The commissioner or the city of St. Paul shall place this
amount in an interest-bearing account and shall make the money
in the account available for the purposes of this section only
when the contamination cleanup at the Dale Street shops/Maxson
Steel industrial sites has progressed to the point where
redevelopment can occur. For purposes of this section,
"eligible businesses" is limited to small beginning businesses,
including an existing business that is starting a new location,
where similar businesses have demonstrated success in similar
neighborhoods. The $10,000 maximum limit on microenterprise
loans under Minnesota Statutes, section 116M.18, subdivision 4a,
clause (2), does not apply to the grant under this section.
Sec. 37. [TASK FORCE; WELFARE REFORM BUDGET IMPACT.]
The commissioner of finance shall report to the
legislature: (1) by January 20, 1998, on the potential budget
impact to each state department and agency, including public
institutions of higher education, of the 1996 federal welfare
reform legislation and the response to that reform by the
legislature, by legislation contained in S.F. No. 1 in the 1997
session, if enacted; and (2) by January 20, 1999, on new
programs enacted by the 1997 legislature designed to address the
welfare to work requirements of federal welfare reform and
evaluate the success of those new programs in achieving their
goals, job placement and retention rates for those programs, and
the success of those programs in meeting the needs of welfare
recipients seeking employment.
The commissioner shall report that potential budgetary
impact separately for each department and for each program,
including programs funded by pass through appropriations.
Each state department and agency must cooperate with the
commissioner in the preparation of the report.
The commissioner shall solicit input from the public about
the budgetary impacts.
Sec. 38. [YEAR 2000 READY.]
Any computer software or hardware that is purchased with
money appropriated in this bill must be year 2000 ready.
Sec. 39. Minnesota Statutes 1996, section 44A.01,
subdivision 2, is amended to read:
Subd. 2. [BOARD MEMBERSHIP.] The corporation is governed
by a board of directors consisting of:
(1) four members, representing the international business
community, elected to six-year three-year terms by the
association of members established under section 44A.023,
subdivision 2, clause (5);
(2) four members, representing the international business
community, appointed by the governor, to serve at the governor's
pleasure;
(3) the mayor of St. Paul or the mayor's designee;
(4) the commissioners of trade and economic development,
agriculture, and commerce; and
(5) three members of the house appointed by the speaker of
the house and three members of the senate appointed under the
rules of the senate, who serve as nonvoting members. One member
from each house must be a member of the minority party of that
house. Legislative members are appointed at the beginning of
each regular session of the legislature for two-year terms. A
legislator who remains a member of the body from which the
legislator was appointed may serve until a successor is
appointed and qualifies. A vacancy in a legislator member's
term is filled for the unexpired portion of the term in the same
manner as the original appointment.
Members appointed by the governor must be knowledgeable or
experienced in international trade in products or services.
Sec. 40. [45.0295] [FEES.]
(a) The following fees shall be paid to the commissioner:
(1) for a letter of certification of licensure, $20;
(2) for a license history, $20;
(3) for a duplicate license, $10;
(4) for a change of name or address, $10;
(5) for a temporary license, $10;
(6) for each hour or fraction of one hour of course
approval for continuing education sought, $10; and
(7) for each continuing education course coordinator
approval, $100.
(b) All fees paid to the commissioner under this section
are nonrefundable, except that an overpayment of a fee shall be
returned upon proper application.
Sec. 41. Minnesota Statutes 1996, section 60A.23,
subdivision 8, is amended to read:
Subd. 8. [SELF-INSURANCE OR INSURANCE PLAN ADMINISTRATORS
WHO ARE VENDORS OF RISK MANAGEMENT SERVICES.] (1) [SCOPE.] This
subdivision applies to any vendor of risk management services
and to any entity which administers, for compensation, a
self-insurance or insurance plan. This subdivision does not
apply (a) to an insurance company authorized to transact
insurance in this state, as defined by section 60A.06,
subdivision 1, clauses (4) and (5); (b) to a service plan
corporation, as defined by section 62C.02, subdivision 6; (c) to
a health maintenance organization, as defined by section 62D.02,
subdivision 4; (d) to an employer directly operating a
self-insurance plan for its employees' benefits; (e) to an
entity which administers a program of health benefits
established pursuant to a collective bargaining agreement
between an employer, or group or association of employers, and a
union or unions; or (f) to an entity which administers a
self-insurance or insurance plan if a licensed Minnesota insurer
is providing insurance to the plan and if the licensed insurer
has appointed the entity administering the plan as one of its
licensed agents within this state.
(2) [DEFINITIONS.] For purposes of this subdivision the
following terms have the meanings given them.
(a) "Administering a self-insurance or insurance plan"
means (i) processing, reviewing or paying claims, (ii)
establishing or operating funds and accounts, or (iii) otherwise
providing necessary administrative services in connection with
the operation of a self-insurance or insurance plan.
(b) "Employer" means an employer, as defined by section
62E.02, subdivision 2.
(c) "Entity" means any association, corporation,
partnership, sole proprietorship, trust, or other business
entity engaged in or transacting business in this state.
(d) "Self-insurance or insurance plan" means a plan
providing life, medical or hospital care, accident, sickness or
disability insurance for the benefit of employees or members of
an association, or a plan providing liability coverage for any
other risk or hazard, which is or is not directly insured or
provided by a licensed insurer, service plan corporation, or
health maintenance organization.
(e) "Vendor of risk management services" means an entity
providing for compensation actuarial, financial management,
accounting, legal or other services for the purpose of designing
and establishing a self-insurance or insurance plan for an
employer.
(3) [LICENSE.] No vendor of risk management services or
entity administering a self-insurance or insurance plan may
transact this business in this state unless it is licensed to do
so by the commissioner. An applicant for a license shall state
in writing the type of activities it seeks authorization to
engage in and the type of services it seeks authorization to
provide. The license may be granted only when the commissioner
is satisfied that the entity possesses the necessary
organization, background, expertise, and financial integrity to
supply the services sought to be offered. The commissioner may
issue a license subject to restrictions or limitations upon the
authorization, including the type of services which may be
supplied or the activities which may be engaged in. The license
fee is $100 $500 for the initial application and $500 for each
two-year renewal. All licenses are for a period of two years.
(4) [REGULATORY RESTRICTIONS; POWERS OF THE COMMISSIONER.]
To assure that self-insurance or insurance plans are financially
solvent, are administered in a fair and equitable fashion, and
are processing claims and paying benefits in a prompt, fair, and
honest manner, vendors of risk management services and entities
administering insurance or self-insurance plans are subject to
the supervision and examination by the commissioner. Vendors of
risk management services, entities administering insurance or
self-insurance plans, and insurance or self-insurance plans
established or operated by them are subject to the trade
practice requirements of sections 72A.19 to 72A.30. In lieu of
an unlimited guarantee from a parent corporation for a vendor of
risk management services or an entity administering insurance or
self-insurance plans, the commissioner may accept a surety bond
in a form satisfactory to the commissioner in an amount equal to
120 percent of the total amount of claims handled by the
applicant in the prior year. If at any time the total amount of
claims handled during a year exceeds the amount upon which the
bond was calculated, the administrator shall immediately notify
the commissioner. The commissioner may require that the bond be
increased accordingly.
(5) [RULEMAKING AUTHORITY.] To carry out the purposes of
this subdivision, the commissioner may adopt rules pursuant to
sections 14.001 to 14.69. These rules may:
(a) establish reporting requirements for administrators of
insurance or self-insurance plans;
(b) establish standards and guidelines to assure the
adequacy of financing, reinsuring, and administration of
insurance or self-insurance plans;
(c) establish bonding requirements or other provisions
assuring the financial integrity of entities administering
insurance or self-insurance plans; or
(d) establish other reasonable requirements to further the
purposes of this subdivision.
Sec. 42. Minnesota Statutes 1996, section 60A.71, is
amended by adding a subdivision to read:
Subd. 7. [FEES.] Each applicant for a reinsurance
intermediary license shall pay to the commissioner a fee of $160
for an initial two-year license and a fee of $120 for each
renewal. Applications shall be submitted on forms prescribed by
the commissioner.
Sec. 43. Minnesota Statutes 1996, section 60K.06,
subdivision 2, is amended to read:
Subd. 2. [LICENSING FEES.] (a) In addition to the fees and
charges provided for examinations, each agent licensed pursuant
to section 60K.03 shall pay to the commissioner:
(1) a fee of $60 per license for an initial license issued
to an individual agent, and a fee of $60 for each renewal;
(2) a fee of $160 for an initial license issued to a
partnership, limited liability company, or corporation, and a
fee of $120 for each renewal;
(3) a fee of $75 for an initial amendment (variable
annuity) to a license, and a fee of $50 for each renewal; and
(4) a fee of $500 for an initial surplus lines agent's
license, and a fee of $500 for each renewal;
(5) for issuing a duplicate license, $10; and
(6) for issuing licensing histories, $20.
(b) Persons whose applications have been properly and
timely filed who have not received notice of denial of renewal
are approved for renewal and may continue to transact business
whether or not the renewed license has been received on or
before November 1 of the renewal year. Applications for renewal
of a license are timely filed if received by the commissioner on
or before the 15th day preceding the license renewal date of the
applicant on forms duly executed and accompanied by appropriate
fees. An application mailed is considered timely filed if
addressed to the commissioner, with proper postage, and
postmarked on or before the 15th day preceding the licensing
renewal date of the applicant.
(c) Initial licenses issued under this section must be
valid for a period not to exceed two years. The commissioner
shall assign an expiration date to each initial license so that
approximately one-half of all licenses expire each year. Each
initial license must expire on October 31 of the expiration year
assigned by the commissioner.
(d) All fees shall be retained by the commissioner and are
nonreturnable, except that an overpayment of any fee must be
refunded upon proper application.
Sec. 44. Minnesota Statutes 1996, section 65B.48,
subdivision 3, is amended to read:
Subd. 3. Self-insurance, subject to approval of the
commissioner, is effected by filing with the commissioner in
satisfactory form:
(1) a continuing undertaking by the owner or other
appropriate person to pay tort liabilities or basic economic
loss benefits, or both, and to perform all other obligations
imposed by sections 65B.41 to 65B.71;
(2) evidence that appropriate provision exists for prompt
administration of all claims, benefits, and obligations provided
by sections 65B.41 to 65B.71;
(3) evidence that reliable financial arrangements,
deposits, or commitments exist providing assurance,
substantially equivalent to that afforded by a policy of
insurance complying with sections 65B.41 to 65B.71, for payment
of tort liabilities, basic economic loss benefits, and all other
obligations imposed by sections 65B.41 to 65B.71; and
(4) a nonrefundable initial application fee of $500 and an
annual renewal fee of $100 for political subdivisions and $250
for nonpolitical entities.
Sec. 45. Minnesota Statutes 1996, section 72B.04,
subdivision 10, is amended to read:
Subd. 10. [FEES.] A fee of $40 is imposed for each initial
license or temporary permit and $25 for each renewal thereof or
amendment thereto. A fee of $20 is imposed for each examination
taken. A fee of $20 is imposed for the registration of each
nonlicensed adjuster who is required to register under section
72B.06. All fees shall be transmitted to the commissioner and
shall be payable to the state treasurer. If a fee is paid for
an examination and if within one year from the date of that
payment no written request for a refund is received by the
commissioner or the examination for which the fee was paid is
not taken, the fee is forfeited to the state of Minnesota.
Sec. 46. Minnesota Statutes 1996, section 79.253,
subdivision 1, is amended to read:
Subdivision 1. [CREATION OF ACCOUNT.] There is created the
assigned risk safety account as a separate account in the
special compensation fund in the state treasury. Income earned
by funds in the account must be credited to the account.
Principal and income of the account are annually appropriated to
the commissioner of labor and industry and must be used for
grants and loans under this section to establish and promote
workplace safety and health programs.
Sec. 47. Minnesota Statutes 1996, section 79.255, is
amended by adding a subdivision to read:
Subd. 10. [FEE.] A registration or exemption certificate
fee of $50 shall be paid.
Sec. 48. Minnesota Statutes 1996, section 82.21,
subdivision 1, is amended to read:
Subdivision 1. [AMOUNTS.] The following fees shall be paid
to the commissioner:
(a) A fee of $150 for each initial individual broker's
license, and a fee of $100 for each renewal thereof;
(b) A fee of $70 for each initial salesperson's license,
and a fee of $40 for each renewal thereof;
(c) A fee of $85 for each initial real estate closing agent
license, and a fee of $60 for each renewal thereof;
(d) A fee of $150 for each initial corporate, limited
liability company, or partnership license, and a fee of $100 for
each renewal thereof;
(e) A fee for payment to the education, research and
recovery fund in accordance with section 82.34;
(f) A fee of $20 for each transfer;
(g) A fee of $50 for a corporation, limited liability
company, or partnership name change;
(h) A fee of $10 for an agent name change;
(i) A fee of $20 for a license history;
(j) A fee of $10 for a duplicate license;
(k) A fee of $50 for license reinstatement; and
(l) (h) A fee of $20 for reactivating a corporate, limited
liability company, or partnership license without land;
(m) A fee of $100 for course coordinator approval; and
(n) A fee of $20 for each hour or fraction of one hour of
course approval sought.
Sec. 49. Minnesota Statutes 1996, section 82B.09,
subdivision 1, is amended to read:
Subdivision 1. [AMOUNTS.] The following fees must be paid
to the commissioner:
(1) for each initial individual real estate appraiser's
license: $150 if the license expires more than 12 months after
issuance, $100 if the license expires less than 12 months after
issuance; and a fee of $100 for each renewal;.
(2) a fee of $10 for a change in personal name or trade
name or personal address or business location;
(3) a fee of $10 for a license history;
(4) a fee of $25 for a duplicate license;
(5) a fee of $100 for appraiser course coordinator
approval; and
(6) a fee of $10 for each hour or fraction of one hour of
course approval sought.
Sec. 50. Minnesota Statutes 1996, section 116J.01,
subdivision 5, is amended to read:
Subd. 5. [DEPARTMENTAL ORGANIZATION.] (a) The commissioner
shall organize the department as provided in section 15.06.
(b) The commissioner may establish divisions and offices
within the department. The commissioner may employ three deputy
commissioners in the unclassified service. One deputy must
direct the Minnesota trade office and must be experienced and
knowledgeable in matters of international trade.
(c) The commissioner shall:
(1) employ assistants and other officers, employees, and
agents that the commissioner considers necessary to discharge
the functions of the commissioner's office;
(2) define the duties of the officers, employees, and
agents, and delegate to them any of the commissioner's powers,
duties, and responsibilities, subject to the commissioner's
control and under conditions prescribed by the commissioner.
(d) The commissioner shall ensure that there are at least
three trade and economic development officers in state offices
in nonmetropolitan areas of the state who will work with local
units of government on developing local trade and economic
development.
Sec. 51. [116J.421] [RURAL POLICY AND DEVELOPMENT CENTER.]
Subdivision 1. [ESTABLISHED.] The rural policy and
development center is established at Mankato State University.
Subd. 2. [GOVERNANCE.] The center is governed by a board
of directors appointed to six-year terms by the governor
comprised of:
(1) a representative from each of the two largest statewide
general farm organizations;
(2) a representative from a regional initiative
organization selected under Minnesota Statutes, section
116J.415, subdivision 3;
(3) the president of Mankato State University;
(4) a representative from the general public residing in a
town of less than 5,000 located outside of the metropolitan
area;
(5) a member of the house of representatives appointed by
the speaker of the house and a member of the senate appointed by
the subcommittee on committees of the senate committee on rules
and administration appointed for two-year terms;
(6) three representatives from business, including one
representing rural manufacturing and one rural retail and
service business;
(7) three representatives from private foundations with a
demonstrated commitment to rural issues;
(8) one representative from a rural county government; and
(9) one representative from a rural regional government.
Subd. 3. [DUTIES.] The center shall:
(1) identify present and emerging social and economic
issues for rural Minnesota, including health care,
transportation, crime, housing, and job training;
(2) forge alliances and partnerships with rural communities
to find practical solutions to economic and social problems;
(3) provide a resource center for rural communities on
issues of importance to them;
(4) encourage collaboration across higher education
institutions to provide interdisciplinary team approaches to
problem solving with rural communities; and
(5) involve students in center projects.
Subd. 4. [STATEWIDE FOCUS.] The center has a statewide
mission. It may contract and collaborate with higher education
and other institutions located throughout the state.
Sec. 52. [116J.422] [RURAL POLICY AND DEVELOPMENT CENTER
FUND.]
A rural policy and development center fund is established
as an account in the state treasury. The commissioner of
finance shall credit to the account the amounts authorized under
this section and appropriations and transfers to the account.
The state board of investment shall ensure that account money is
invested under Minnesota Statutes, section 11A.24. All money
earned by the account must be credited to the account. The
principal of the account and any unexpended earnings must be
invested and reinvested by the state board of investment.
Gifts and donations, including land or interests in land,
may be made to the account. Noncash gifts and donations must be
disposed of for cash as soon as the board prudently can maximize
the value of the gift or donation. Gifts and donations of
marketable securities may be held or be disposed of for cash at
the option of the board. The cash receipts of gifts and
donations of cash or capital assets and marketable securities
disposed of for cash must be credited immediately to the
principal of the account. The value of marketable securities at
the time the gift or donation is made must be credited to the
principal of the account and any earnings from the marketable
securities are earnings of the account. The earnings in the
account are annually appropriated to the board of the center for
rural policy and development to carry out the duties of the
center.
Sec. 53. [116J.543] [FILM PRODUCTIONS JOBS PROGRAM.]
The film production jobs program is created. The program
shall be operated by the Minnesota film board with
administrative oversight and control by the commissioner of
trade and economic development. The program shall make payment
to producers of long-form and narrative film productions that
directly create new film jobs in Minnesota. To be eligible for
a payment, a producer must submit documentation to the Minnesota
film board of expenditures for wages for work on new film
production jobs in Minnesota by resident Minnesotans. The film
jobs include work such as technical crews, acting talent, set
construction, soundstage or equipment rental, local
postproduction film processing, and other film production jobs.
The film board must make recommendations to the
commissioner about program payment, but the recommendations are
not binding and the commissioner has the authority to make the
final determination on payments. The commissioner's
determination must be based on the amount of wages documented to
the film board and the likelihood that the payment will lead to
further documentable wage payments. Payment may not exceed
$100,000 for a single long-form and narrative film. No more
than five percent of the funds appropriated for the program in
any year may be expended for administration. Individual feature
film projects shooting on or after January 1, 1997, will be
eligible for fund allocations.
Sec. 54. Minnesota Statutes 1996, section 116J.615,
subdivision 1, is amended to read:
Subdivision 1. [DUTIES OF DIRECTOR.] The director of
tourism shall:
(1) publish, disseminate, and distribute informational and
promotional literature;
(2) promote and encourage the expansion and development of
international tourism marketing;
(3) advertise and disseminate information about travel
opportunities in the state of Minnesota;
(4) aid various local communities to improve their tourism
marketing programs;
(5) coordinate and implement a comprehensive state tourism
marketing program that takes into consideration all public and
private businesses and attractions;
(6) conduct market research and analysis to improve
marketing techniques in the area of tourism;
(7) investigate and study conditions affecting Minnesota's
tourism industry, collect and disseminate information, and
engage in technical studies, scientific investigations, and
statistical research and educational activities necessary or
useful for the proper execution of the powers and duties of the
director in promoting and developing Minnesota's tourism
industry, both within and outside the state;
(8) apply for, accept, receive, and expend any funds for
the promotion of tourism in Minnesota. All money received by
the director under this subdivision shall be deposited in the
state treasury and is appropriated to the director for the
purposes for which the money has been received. The director
may enter into interagency agreements and may agree to share net
revenues with the contributing agencies. The money does not
cancel and is available until expended; and
(9) plan and conduct information and publicity programs to
attract tourists, visitors, and other interested persons from
outside the state to this state; encourage and coordinate
efforts of other public and private organizations or groups of
citizens to publicize facilities and attractions in this state;
and work with representatives of the hospitality and tourism
industry to carry out its programs.
Sec. 55. [116J.8745] [MICROENTERPRISE ENTREPRENEURIAL
ASSISTANCE.]
Subdivision 1. [TECHNICAL ASSISTANCE; LOAN
ADMINISTRATION.] The commissioner of trade and economic
development shall make grants to nonprofit organizations to
provide technical assistance to individuals with entrepreneurial
plans that require microenterprise loans in an amount ranging
from approximately $1,000 to $25,000, and for loan
administration costs related to those microenterprise loans.
Microenterprise is a small business which employs under five
employees plus the owner and requires under $25,000 to start.
Subd. 2. [GRANT ELIGIBILITY AND ALLOCATION.] Nonprofit
organizations must apply for grants under this section following
procedures established by the commissioner. To be eligible for
a grant, an organization must demonstrate to the commissioner
that it has the appropriate expertise. The commissioner shall
give preference for grants to organizations that target
nontraditional entrepreneurs such as women, members of a
minority, low-income individuals, or persons seeking work who
are currently on or recently removed from welfare assistance.
An application must include:
(1) the local need for microenterprise support;
(2) proposed criteria for business eligibility;
(3) proposals for identifying and serving eligible
businesses;
(4) a description of technical assistance to be provided to
eligible businesses;
(5) proposals to coordinate technical assistance with
financial assistance; and
(6) a demonstration of ability to collaborate with other
agencies including educational and financial institutions.
Subd. 3. [GRANT EVALUATIONS.] Grant recipients must report
to the commissioner by February 1 in each of the two years
succeeding the year of receipt of the grant. The report must
detail the number of customers served, the number of businesses
started, stabilized, or expanded, the number of jobs created and
retained, and business success rates. The commissioner shall
report to the legislature on the microenterprise entrepreneurial
assistance. The report shall contain an evaluation of the
results, recommendations to continue or change the program, and
a suggested level of funding.
Sec. 56. [116J.8755] [SMALL BUSINESS; ELECTRONIC ACCESS TO
INTERNATIONAL MARKETS.]
The commissioner shall develop a plan for enabling small
businesses to gain electronic access to international markets
through mechanisms that may include electronic trade points.
Sec. 57. [116J.992] [TACONITE MINING GRANTS.]
(a) The commissioner shall establish a program to make
grants to taconite mining companies to enable them to research
technologies that:
(1) reduce energy consumption;
(2) reduce environmental emissions;
(3) improve productivity; or
(4) improve pellet quality.
(b) To receive a grant a recipient must convey to the state
permanent ownership of both mineral reserves and corresponding
surface lands that:
(1) contain unmined taconite with a 23 percent minimum
magnetic iron content;
(2) have an open pit stripping ratio of less than 1.5 to 1;
(3) are unencumbered by current or planned surface
development;
(4) are substantially unencumbered by past mining activity;
(5) have marketable title for both surface and mineral
interests; and
(6) are in an area that could reasonably be expected to be
mined within 50 years.
(c) A grant may not exceed the value of the mineral
reserves and surface land as assessed by the commissioner of
natural resources. When assessing value, the commissioner must,
at a minimum, take into account the future value of any royalty
stream, the state's cost of capital, the costs of removing any
encumbrances, and the probability that the reserves will be
mined in the future. Any revenue generated by ownership or sale
of the property must be deposited in the general fund.
Sec. 58. Minnesota Statutes 1996, section 116L.04,
subdivision 1, is amended to read:
Subdivision 1. [GRANTS-IN-AID PARTNERSHIP PROGRAM.] (a)
The partnership program may provide grants-in-aid to educational
or other nonprofit training institutions using the following
guidelines:
(1) the educational or other nonprofit institution is a
provider of training within the state in either the public or
private sector;
(2) the program involves skills training that is an area of
employment need; and
(3) preference will be given to educational or other
nonprofit training institutions which serve economically
disadvantaged people, minorities, or those who are victims of
economic dislocation and to businesses located in rural areas.
(b) A single grant to any one institution shall not exceed
$200,000 $400,000.
Sec. 59. Minnesota Statutes 1996, section 116L.04, is
amended by adding a subdivision to read:
Subd. 1a. [PATHWAYS PROGRAM.] The pathways program may
provide grants-in-aid for developing programs which assist in
the transition of persons from welfare to work. The program is
to be operated by the board. The board shall consult and
coordinate with the Job Training Partnership Act Title II-A
program administrators at the department of economic security to
design and provide services for temporary assistance for needy
families recipients.
Pathways grants-in-aid may be awarded to educational or
other nonprofit training institutions for education and training
programs that serve public assistance recipients transitioning
from public assistance to employment.
Preference shall be given to projects that:
(1) provide employment with benefits paid to employees;
(2) provide employment where there are defined career paths
for trainees;
(3) pilot the development of an educational pathways that
can be used on a continuing basis for transitioning persons from
public assistance directly to work; and
(4) demonstrate the active participation of department of
economic security workforce centers, Minnesota state college and
university institutions and other educational institutions, and
local welfare agencies.
Pathways projects must demonstrate the active involvement
and financial commitment of private business. Pathways projects
must be matched with cash or in-kind contributions on at least a
one-to-one ratio by participating private business.
A single grant to any one institution shall not exceed
$200,000.
The board shall annually, by March 31, report to the
commissioners of economic security and trade and economic
development on pathways programs, including the number of public
assistance recipients participating in the program, the number
of participants placed in employment, the salary and benefits
they receive, and the state program costs per participant.
Sec. 60. [116L.06] [HIRE EDUCATION LOAN PROGRAM.]
Subdivision 1. [FUND USES.] The job skills partnership
board may make loans to Minnesota employers to train persons for
jobs in Minnesota. The loans must be used to train current and
prospective employees of an employer for specific jobs with the
employer.
Subd. 2. [LOAN PROCESS.] The board shall establish a
schedule and competitive process for accepting loan
applications. The board shall evaluate loan applications.
Subd. 3. [LOAN PRIORITY.] The board shall give priority to
loans that provide training for jobs that are permanent, provide
health coverage and other fringe benefits, and have a career or
job path with prospects for wage increases.
Subd. 4. [LOAN TERMS.] Loans may be secured or unsecured,
shall be for a term of no more than two years, and shall bear no
interest. The maximum amount of a loan is $250,000. A loan
origination fee of up to two percent of the principal of the
loan may be charged. An employer may have only one outstanding
loan. The loans shall contain such other standard commercial
loan terms as the board deems appropriate.
Subd. 5. [LOAN USES.] Loans must be used by an employer to
obtain the most cost-effective training available from public or
private training institutions. An employer must document to the
board the process the employer has utilized to ensure that the
proposed loan is used to acquire the most cost-effective
training and provide a training plan.
Subd. 6. [PACKAGING LOANS.] The board may package a grant
it makes under section 116L.04 with a loan under this section.
Subd. 7. [LOAN REPAYMENTS.] Loan repayments and loan
origination fees shall be retained by the board for board
programs.
Sec. 61. Minnesota Statutes 1996, section 116O.05, is
amended by adding a subdivision to read:
Subd. 4. [SUPPORTING ORGANIZATIONS.] On making a
determination that the public policies and purposes of this
chapter will be carried out to a greater extent than what might
otherwise occur, the board may cause to be created and may
delegate, assign, or transfer to one or more entities, including
without limitation a corporation, nonprofit corporation, limited
liability company, partnership, or limited partnership, any or
all rights and duties, assets and liabilities, powers or
authority created, authorized, or allowed under this chapter,
including without limitation those pertaining to the seed
capital fund under section 116O.122, except to the extent
specifically limited by the constitution or by law.
Sec. 62. Minnesota Statutes 1996, section 116O.122,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] The corporation shall, in
consultation with private venture and seed capital companies and
other public and private organizations as appropriate, implement
a centrally managed seed capital fund to invest in early stage
companies and small companies in Minnesota through equity or
equity-type investments. The seed capital fund may receive
contributions from the corporation, as well as from local,
state, or federal government, private foundations, or other
sources. Total investments by the seed capital fund in
seven-county metropolitan area based companies must not exceed
20 percent of the total amount invested capitalization
appropriated by the legislature or provided by the corporation.
Investments which contribute to the 20 percent metropolitan area
limitation are those which will primarily enhance the operations
of a metropolitan based facility. Investments that benefit a
Greater Minnesota facility of a metropolitan based company are
not subject to the limitation. Investments by the seed capital
fund must be matched by other sources of capital at a ratio to
be determined by the corporation. The seed capital fund shall
identify sources of technical, management, and marketing
assistance for companies funded by the seed capital program and
make appropriate referrals. The seed capital fund shall
establish a procedure for liquidating private investments.
Sec. 63. Minnesota Statutes 1996, section 155A.045,
subdivision 1, is amended to read:
Subdivision 1. [SCHEDULE.] The fee schedule for licensees
is as follows:
(a) Three-year license fees:
(1) cosmetologist, manicurist, esthetician, $45 for each
initial license and $30 for each renewal;
(2) instructor, manager, $60 for each initial license,
and $45 for each renewal;
(3) salon, $65 for each initial license, and $50 for each
renewal; and
(4) school, $750.
(b) Penalties:
(1) reinspection fee, variable; and
(2) manager with lapsed practitioner, $25.
(c) Administrative fees:
(1) duplicate license (includes individual name or address
change), $5;
(2) certificate of identification, $20;
(3) processing fee (covers licensing history or
certification of licensure, restoration of lapsed license, salon
name change, school name change, late renewals, applications for
new licenses), $15; and
(4) (2) school original application, $150.
Sec. 64. Minnesota Statutes 1996, section 176.181,
subdivision 2a, is amended to read:
Subd. 2a. [APPLICATION FEE.] Every initial application
filed pursuant to subdivision 2 requesting authority to
self-insure shall be accompanied by a nonrefundable fee of
$1,000 $2,500. The fee is not refundable. When an employer
seeks to be added as a member of an existing approved group
under section 79A.03, subdivision 6, the proposed new member
shall pay a nonrefundable $250 application fee to the
commissioner at the time of application. Each annual report due
August 1 under section 79A.03, subdivision 9, shall be
accompanied by an annual fee of $200.
Sec. 65. [268.3625] [ADMINISTRATIVE COSTS.]
The commissioner may use up to five percent of the biennial
appropriation for Youthbuild from the general fund to pay costs
incurred by the department in administering Youthbuild during
the biennium.
Sec. 66. Minnesota Statutes 1996, section 268A.15, is
amended by adding a subdivision to read:
Subd. 1a. [SEVERE IMPAIRMENT TO EMPLOYMENT;
DEFINITION.] For the purpose of this section, "severe impairment
to employment" means profound limitations that dramatically
restrict an individual's ability to seek, secure, and maintain
employment due to an extended history of little or no
employment, limited education, training, or job skills, and
physical, intellectual, or emotional characteristics seriously
impairing future ability to obtain and retain permanent
employment.
Sec. 67. Minnesota Statutes 1996, section 268A.15,
subdivision 2, is amended to read:
Subd. 2. [PROGRAM PURPOSE.] The extended employment
program shall have two categories of clients consisting of those
with severe disabilities and those with severe impairment to
employment. The purpose of the extended employment program for
persons with severe disabilities is to provide the ongoing
services necessary to maintain and advance the employment of
persons with severe disabilities. The purpose of the extended
employment program for persons with severe impairment to
employment is to provide the ongoing support services necessary
to secure, maintain, and advance in employment. Employment
under this section must encompass the broad range of employment
choices available to all persons and promote an individual's
self-sufficiency and financial independence.
Sec. 68. Minnesota Statutes 1996, section 268A.15, is
amended by adding a subdivision to read:
Subd. 3a. [SEVERE IMPAIRMENT TO EMPLOYMENT; SEPARATE
PROGRAM.] The allocation of funds, eligibility criteria, and
funding criteria for extended employment program funds for
persons with severe disabilities shall be separate from the
allocation of funds, eligibility criteria, and funding criteria
for extended employment program funds for persons with severe
impairment to employment. Extended employment program services
for persons with severe disabilities shall be modified to the
extent necessary to provide services to persons with severe
impairment to employment.
The county agency must consider placing an individual who
is on welfare and who has a severe impairment to employment, as
defined in subdivision 1a, into an extended employment program
under this section for job skills training or a job, or both, as
part of the effort to move people from welfare to work as
required under federal welfare reform.
Sec. 69. Minnesota Statutes 1996, section 268A.15,
subdivision 6, is amended to read:
Subd. 6. [GRANTS.] The commissioner may provide innovation
and expansion grants to rehabilitation facilities to encourage
the development, demonstration, or dissemination of innovative
business practices, training programs, and service delivery
methods that:
(1) expand and improve employment opportunities for persons
with severe disabilities or severe impairment to employment who
are unserved or underserved by the extended employment program;
and
(2) increase the ability of persons with severe
disabilities or severe impairment to employment to use new and
emerging technologies in employment settings, and foster the
capacity of rehabilitation facilities and employers to promote
the integration of individuals with severe disabilities and
severe impairment to employment into the workplace and the
mainstream of community life.
The grants must require collaboration at the local level
among vocational rehabilitation field offices, county social
service and planning agencies, rehabilitation facilities, and
employers.
Sec. 70. Minnesota Statutes 1996, section 268A.15, is
amended by adding a subdivision to read:
Subd. 8. [FUNDING AUTHORITY.] State grant funds under this
section and section 268A.13 shall be available for 24 months
following the end of a fiscal year to allow for the submission
of final grant data reports, the completion of audit adjustments
of payments to grantees including grantee appeals of final audit
adjustments, and the redistribution of remaining balances in
grant accounts to other grantees who meet or exceed their
contracts with the department for that fiscal year.
Sec. 71. Minnesota Statutes 1996, section 298.22, is
amended by adding a subdivision to read:
Subd. 7. [GIANTS RIDGE RECREATION AREA.] (a) In addition
to the other powers granted in this section and other law, the
commissioner, for purposes of fostering economic development and
tourism within the Giants Ridge recreation area, may spend any
money made available to the agency under section 298.28 to
acquire real or personal property or interests therein by gift,
purchase, or lease and may convey by lease, sale, or other means
of conveyance or commitment any or all of those property
interests acquired.
(b) Notwithstanding any other law to the contrary, property
conveyed under this subdivision and used for residential
purposes is not eligible for property tax homestead
classification under section 273.124 or for a property tax
refund under chapter 290A.
(c) In furtherance of development of the Giants Ridge
recreation area, the commissioner may establish and participate
in charitable foundations and nonprofit corporations, including
a corporation within the meaning of section 317A.011,
subdivision 6.
(d) The term "Giants Ridge recreation area" refers to an
economic development project area established by the
commissioner in furtherance of the powers delegated in this
section within St. Louis county in the western portions of the
town of White and in the eastern portion of the westerly,
adjacent, unorganized township.
Sec. 72. Minnesota Statutes 1996, section 326.86,
subdivision 1, is amended to read:
Subdivision 1. [LICENSING FEE.] The licensing fee for
persons licensed pursuant to sections 326.83 to 326.991 is $75
per year. The commissioner may adjust the fees under section
16A.1285 to recover the costs of administration and
enforcement. The fees must be limited to the cost of license
administration and enforcement and must be deposited in the
state treasury and credited to the general fund. A fee of $25
will be charged for a duplicate license or an amended license
reflecting a change of business name, address, or qualifying
person.
Sec. 73. Minnesota Statutes 1996, section 469.305,
subdivision 1, is amended to read:
Subdivision 1. [INCENTIVE GRANTS.] (a) An incentive grant
is available to businesses located in an enterprise zone that
meet the conditions of this section. Each city designated as an
enterprise zone is allocated $3,000,000 to be used to provide
grants under this section for the duration of the program. Each
city of the second class designated as an economically depressed
area by the United States Department of Commerce is allocated
$300,000 to be used to provide grants under this section for the
duration of the program. For fiscal year 1998 and subsequent
years, the proration in section 469.31 shall continue to apply
until the amount designated in this subdivision is
expended. For the allocation in fiscal year 1998 and subsequent
years, the commissioner may use up to 15 percent of the
allocation to the city of Minneapolis for a grant to the city of
Minneapolis and up to 15 percent of the allocation to the city
of St. Paul for a grant to the city of St. Paul, for
administration of the program or employment services provided to
the employers and employees involved in the incentive grant
program under this section.
(b) The incentive grant is in an amount equal to 20 percent
of the wages paid to an employee, not to exceed $5,000 per
employee per calendar year. The incentive grant is available to
an employer for a zone resident employed in the zone at
full-time wage levels of not less than 170 percent of minimum
wage 110 percent of the federal poverty level for a family of
four, as determined by the United States Department of
Agriculture. The incentive grant is not available to workers
employed in construction or employees of financial institutions,
gambling enterprises, public utilities, sports, fitness, and
health facilities, or racetracks. The employee must be employed
at that rate at the time the business applies for a grant, and
must have been employed for at least one year at the business.
A grant may be provided only for new jobs; for purposes of this
section, a "new job" is a job that did not exist in Minnesota
before May 6, 1994. The incentive grant authority is available
for the five calendar years after the application has been
approved to the extent the allocation to the city remains
available to fund the grants, and if the city certifies to the
commissioner on an annual basis that the business is in
compliance with the plan to recruit, hire, train, and retain
zone residents. The employer may designate an organization that
provides employment services to receive all or a portion of the
employer's incentive grant.
Sec. 74. [REPEALER.]
Minnesota Statutes 1996, sections 116J.581; and 116J.990,
subdivision 7, are repealed.
Sec. 75. [EFFECTIVE DATE.]
Section 35 is effective the day following final enactment.
ARTICLE 2
PETROLEUM TANK RELEASE CLEANUP
Section 1. Minnesota Statutes 1996, section 115B.03,
subdivision 5, is amended to read:
Subd. 5. [EMINENT DOMAIN.] (a) The state, an agency of the
state, or a political subdivision is not a responsible person
under this section solely as a result of the acquisition of
property, or as a result of providing funds for the acquisition
of such property either through loan or grant, if the property
was acquired by the state, an agency of the state, or a
political subdivision that acquires property (1) through
exercise of the power of eminent domain, or (2) through
negotiated purchase in lieu of, or after filing a petition for
the taking of the property through eminent domain, or (3) after
adopting a redevelopment or development plan under sections
469.001 to 469.134 describing the property and stating its
intended use and the necessity of its taking is not a
responsible person under this section solely as a result of the
acquisition of the property, (4) after adopting a layout plan
for highway development under sections 161.15 to 161.241
describing the property and stating its intended use and the
necessity of its taking, or (5) through the use of a loan to
purchase right-of-way in the seven-county metropolitan area
under section 473.167.
(b) A person who acquires property from the state, an
agency of the state, or a political subdivision, is not a
responsible person under this section solely as a result of the
acquisition of property if the property was acquired by the
state, agency, or political subdivision through exercise of the
power of eminent domain or by negotiated purchase after filing a
petition for the taking of the property through eminent domain
or, after adopting a redevelopment or development plan under
sections 469.001 to 469.134 describing the property and stating
its intended use and the necessity of its taking, or after
adopting a layout plan for highway development under sections
161.15 to 161.241 describing the property and stating its
intended use and the necessity of its taking.
Sec. 2. Minnesota Statutes 1996, section 115C.021, is
amended by adding a subdivision to read:
Subd. 3a. [EMINENT DOMAIN.] (a) The department of
transportation is not responsible for a release from a tank
under this section solely as a result of the acquisition of
property or as a result of providing funds for the acquisition
of such property either through loan or grant, if the property
was acquired by the department through exercise of the power of
eminent domain, through negotiated purchase in lieu of or after
filing a petition for the taking of the property through eminent
domain, or after adopting a layout plan for highway development
under sections 161.15 to 161.241 describing the property and
stating its intended use and the necessity of its taking.
(b) A person who acquires property from the department,
other than property acquired through a land exchange, is not a
responsible person under this section solely as a result of the
acquisition of property if the property was acquired by the
department through exercise of the power of eminent domain, by
negotiated purchase after filing a petition for the taking of
the property through eminent domain, or after adopting a layout
plan for highway development under sections 161.15 to 161.241
describing the property and stating its intended use and the
necessity of its taking.
Sec. 3. Minnesota Statutes 1996, section 115C.03,
subdivision 9, is amended to read:
Subd. 9. [REQUESTS FOR REVIEW, INVESTIGATION, AND
OVERSIGHT.] (a) The commissioner may, upon request:
(1) assist in determining whether a release has occurred;
and
(2) assist in or supervise the development and
implementation of reasonable and necessary corrective actions;
and
(3) assist in or supervise the investigation, development,
and implementation of actions to minimize, eliminate, or clean
up petroleum contamination at sites where it is not certain that
the contamination is attributable to a release.
(b) Assistance may include review of agency records and
files and review and approval of a requester's investigation
plans and reports and corrective action plans and implementation.
(c) Assistance may include the issuance of a written
determination that an owner or prospective buyer of real
property will not be a responsible person under section
115C.021, if the commissioner finds the release came from a tank
not located on the property. The commissioner may also issue a
written confirmation that the real property was the site of a
release and that the tank from which the release occurred has
been removed or that the agency has issued a site closure letter
and has not revoked that status. The issuance of the written
determination or confirmation applies to tanks not on the
property or removed only and does not affect liability for
releases from tanks that are on the property at the time of
purchase. The commissioner may also issue site closure letters
and nonresponsible person determinations for sites contaminated
by petroleum where it is not certain that the contamination is
attributable to a release. The written determination or
confirmation extends to the successors and assigns of the person
to whom it originally applied, if the successors and assigns are
not otherwise responsible for the release.
(d) The person requesting assistance under this subdivision
shall pay the agency for the agency's cost, as determined by the
commissioner, of providing assistance. Money received by the
agency for assistance under this subdivision must be deposited
in the state treasury and credited to an account in the special
revenue fund. Money in this account is annually appropriated to
the commissioner for purposes of administering the subdivision.
Sec. 4. Minnesota Statutes 1996, section 115C.08,
subdivision 4, is amended to read:
Subd. 4. [EXPENDITURES.] (a) Money in the 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;
(7) for administrative and staff costs as set by the board
to administer the petroleum tank release program established in
this chapter; and
(8) for corrective action performance audits under section
115C.093; and
(9) for contamination cleanup grants, as provided in
paragraph (c).
(b) Except as provided in paragraph (c), money in the fund
is appropriated to the board to make reimbursements or payments
under this section.
(c) $6,200,000 is annually appropriated from the fund to
the commissioner of trade and economic development for
contamination cleanup grants under section 116J.554, provided
that money appropriated in this paragraph may be used only for
cleanup costs attributable to petroleum contamination, as
determined by the commissioner of the pollution control agency.
Of this amount, the commissioner may spend up to $120,000
annually for administration of the contamination cleanup grant
program.
Sec. 5. Minnesota Statutes 1996, section 115C.09,
subdivision 3, is amended to read:
Subd. 3. [REIMBURSEMENTS; SUBROGATION; APPROPRIATION.] (a)
The board shall reimburse an eligible applicant from the fund in
the following amounts:
(1) 90 percent of the total reimbursable costs on the first
$250,000 and 75 percent on any remaining costs in excess of
$250,000 on a site;
(2) for corrective actions at a residential site used as a
permanent residence at the time the release was discovered, 92.5
percent of the total reimbursable costs on the first $100,000
and 100 percent of any remaining costs in excess of $100,000; or
(3) 90 percent of the total reimbursable costs on the first
$250,000 and 100 percent of the cumulative total reimbursable
costs in excess of $250,000 at all sites in which the
responsible person had interest, and for which the commissioner
has not issued a closure letter as of April 3, 1996, if the
responsible person dispensed less than 1,000,000 gallons of
petroleum at each location in each of the last three calendar
years that the responsible person dispensed petroleum at the
location and:
(i) has owned no more than three locations in the state at
which motor fuel was dispensed into motor vehicles and has
discontinued operation of all petroleum retail operations; or
(ii) has owned no more than one location in the state at
which motor fuel was dispensed into motor vehicles.; or
(4) With respect to projects begun on or after January 1,
1997, 90 percent of the total amount of all of the following
costs, regardless of whether a release has occurred at the
site: tank removal, closure in place, backfill, resurfacing,
utility service restoration, and, if a release has occurred at
the site, any reimbursable costs under subdivision 1. This
clause applies only if the tank or tanks involved are
underground tanks, and if the responsible person dispensed less
than 400,000 gallons of motor fuel during the last year in which
petroleum products were dispensed to the public at the location,
and the responsible person owns no more than one location in
this or any other state at which motor fuel was dispensed into
motor vehicles or watercraft. This clause expires December 31,
1999.
Not more than $1,000,000 may be reimbursed for costs
associated with a single release, regardless of the number of
persons eligible for reimbursement, and not more than $2,000,000
may be reimbursed for costs associated with a single tank
facility.
(b) A reimbursement may not be made from the fund under
this chapter until the board has determined that the costs for
which reimbursement is requested were actually incurred and were
reasonable.
(c) When an applicant has obtained responsible competitive
bids or proposals according to rules promulgated under this
chapter prior to June 1, 1995, the eligible costs for the tasks,
procedures, services, materials, equipment, and tests of the low
bid or proposal are presumed to be reasonable by the board,
unless the costs of the low bid or proposal are substantially in
excess of the average costs charged for similar tasks,
procedures, services, materials, equipment, and tests in the
same geographical area during the same time period.
(d) When an applicant has obtained a minimum of two
responsible competitive bids or proposals on forms prescribed by
the board and where the rules promulgated under this chapter
after June 1, 1995, designate maximum costs for specific tasks,
procedures, services, materials, equipment and tests, the
eligible costs of the low bid or proposal are deemed reasonable
if the costs are at or below the maximums set forth in the rules.
(e) Costs incurred for change orders executed as prescribed
in rules promulgated under this chapter after June 1, 1995, are
presumed reasonable if the costs are at or below the maximums
set forth in the rules, unless the costs in the change order are
above those in the original bid or proposal or are
unsubstantiated and inconsistent with the process and standards
required by the rules.
(f) A reimbursement may not be made from the fund in
response to either an initial or supplemental application for
costs incurred after June 4, 1987, that are payable under an
applicable insurance policy, except that if the board finds that
the applicant has made reasonable efforts to collect from an
insurer and failed, the board shall reimburse the applicant.
(g) If the board reimburses an applicant for costs for
which the applicant has insurance coverage, the board is
subrogated to the rights of the applicant with respect to that
insurance coverage, to the extent of the reimbursement by the
board. The board may request the attorney general to bring an
action in district court against the insurer to enforce the
board's subrogation rights. Acceptance by an applicant of
reimbursement constitutes an assignment by the applicant to the
board of any rights of the applicant with respect to any
insurance coverage applicable to the costs that are reimbursed.
Notwithstanding this paragraph, the board may instead request a
return of the reimbursement under subdivision 5 and may employ
against the applicant the remedies provided in that subdivision,
except where the board has knowingly provided reimbursement
because the applicant was denied coverage by the insurer.
(h) Money in the fund is appropriated to the board to make
reimbursements under this chapter. A reimbursement to a state
agency must be credited to the appropriation account or accounts
from which the reimbursed costs were paid.
(i) The board may reduce the amount of reimbursement to be
made under this chapter if it finds that the applicant has not
complied with a provision of this chapter, a rule or order
issued under this chapter, or one or more of the following
requirements:
(1) the agency was given notice of the release as required
by section 115.061;
(2) the applicant, to the extent possible, fully cooperated
with the agency in responding to the release; and
(3) the state and federal rules and regulations applicable
to the condition or operation of the tank when the noncompliance
caused or failed to mitigate the release.
(j) The reimbursement may be reduced as much as 100 percent
for failure by the applicant to comply with the requirements in
paragraph (i), clauses (1) to (3). In determining the amount of
the reimbursement reduction, the board shall consider:
(1) the reasonable determination by the agency of the
environmental impact of the noncompliance;
(2) whether the noncompliance was negligent, knowing, or
willful;
(3) the deterrent effect of the award reduction on other
tank owners and operators; and
(4) the amount of reimbursement reduction recommended by
the commissioner.
(k) An applicant may assign the right to receive
reimbursement to each lender who advanced funds to pay the costs
of the corrective action or to each contractor or consultant who
provided corrective action services. An assignment must be made
by filing with the board a document, in a form prescribed by the
board, indicating the identity of the applicant, the identity of
the assignee, the dollar amount of the assignment, and the
location of the corrective action. An assignment signed by the
applicant is valid unless terminated by filing a termination
with the board, in a form prescribed by the board, which must
include the written concurrence of the assignee. The board
shall maintain an index of assignments filed under this
paragraph. The board shall pay the reimbursement to the
applicant and to one or more assignees by a multiparty check.
The board has no liability to an applicant for a payment under
an assignment meeting the requirements of this paragraph.
Sec. 6. Minnesota Statutes 1996, section 115C.09, is
amended by adding a subdivision to read:
Subd. 3e. [DEPARTMENT OF TRANSPORTATION ELIGIBILITY.] The
department of transportation may apply to the board and is
eligible for reimbursement of reimbursable costs associated with
property that the department has acquired under section
115C.021, subdivision 3a, if corrective action pursuant to a
plan reviews and approved by the commissioner of the pollution
control agency in accordance with applicable rules and guidance
documents was taken on the entire property so acquired.
Notwithstanding subdivision 3, paragraph (a), the department of
transportation shall receive 100 percent of total reimbursable
costs associated with a single release up to $1,000,000.
Sec. 7. Minnesota Statutes 1996, section 115C.13, is
amended to read:
115C.13 [REPEALER.]
Sections 115C.01, 115C.02, 115C.021, 115C.03, 115C.04,
115C.045, 115C.05, 115C.06, 115C.065, 115C.07, 115C.08, 115C.09,
115C.092, 115C.10, 115C.11, and 115C.12, are repealed effective
June 30, 2000 2005.
Sec. 8. Minnesota Statutes 1996, section 116J.552,
subdivision 4, is amended to read:
Subd. 4. [DEVELOPMENT AUTHORITY.] "Development authority"
includes a statutory or home rule charter city, county, housing
and redevelopment authority, economic development authority, and
a port authority.
Sec. 9. [REPORT ON COORDINATION OF CLEANUP AND
REDEVELOPMENT OF CONTAMINATED PROPERTIES.]
The commissioner of trade and economic development, in
consultation with the commissioners of the pollution control
agency, commerce, agriculture, and revenue, and the director of
the metropolitan council, shall issue a report to the
legislature by January 15, 1998, which includes:
(1) recommendations from the agencies with regard to
establishing and administering an office to provide for the
coordination of programs providing state and regional assistance
in the cleanup and redevelopment of contaminated properties, as
well as any legislative recommendations to provide for an
effective and efficient office; and
(2) a plan for additional changes to existing contaminated
property programs, including the consolidation of programs, to
streamline applications for assistance, ensure efficient and
effective administration of these programs, and provide for an
overall, coordinated state policy for the cleanup and
redevelopment of contaminated properties.
Sec. 10. [EFFECTIVE DATE.]
Sections 1 to 4 and 6 to 9 are effective July 1, 1997.
Section 5 is effective retroactive to January 1, 1997.
ARTICLE 3
MINNESOTA EMPLOYMENT AND ECONOMIC DEVELOPMENT PROGRAM
Section 1. [268.6715] [1997 MINNESOTA EMPLOYMENT AND
ECONOMIC DEVELOPMENT PROGRAM.]
The 1997 Minnesota employment and economic development
program is established to assist businesses and communities to
create jobs that provide the wages, benefits, and on-the-job
training opportunities necessary to help low-wage workers and
people transitioning from public assistance to get and retain
jobs, and to help their families to move out of poverty.
Employment obtained under this program is not excluded from the
definition of "employment" by section 268.04, subdivision 12,
clause 10, paragraph (d).
Sec. 2. Minnesota Statutes 1996, section 268.672,
subdivision 6, is amended to read:
Subd. 6. [ELIGIBLE JOB APPLICANT.] "Eligible job
applicant" means a person who: (1) has been a resident of this
state for at least one month, (2) is unemployed, (3) is not
receiving and is not qualified to receive reemployment insurance
or workers' compensation, and (4) is determined to be likely to
be available for employment by an eligible employer for the
duration of the job.
For the purposes of this subdivision, a farmer or any
member of a farm family household who can demonstrate severe
household financial need must be considered unemployed.
(1) has attempted to secure a nonsubsidized job by
completing comprehensive job readiness and is:
(i) a temporary assistance for needy families (TANF)
recipient who is making good faith efforts to comply with the
family support agreement as defined under section 256.032,
subdivision 7a, but has failed to find suitable employment; or
(ii) a family general assistance recipient;
(2) is a member of a household supported only by:
(i) a low-income worker; or
(ii) a person who is underemployed as that term is defined
in section 268.61, subdivision 5; or
(3) is a member of a family that is eligible for, but not
receiving public assistance.
Sec. 3. Minnesota Statutes 1996, section 268.672, is
amended by adding a subdivision to read:
Subd. 13. [COMPREHENSIVE JOB READINESS.] "Comprehensive
job readiness" means a job search program administered by a
county, its designee, or workforce service area that teaches
self-esteem, marketable work habits, job-seeking skills, and
life-management skills, and may include job retention services.
Sec. 4. Minnesota Statutes 1996, section 268.672, is
amended by adding a subdivision to read.
Subd. 14. [ELIGIBLE PROGRAM PARTICIPANT.] "Eligible
program participant" means an eligible job applicant who is
participating in comprehensive job readiness, subsidized
employment, or job retention services. An individual who has
been dismissed for cause or quit subsidized employment without
good cause is not eligible for subsidized employment under the
program.
Sec. 5. Minnesota Statutes 1996, section 268.672, is
amended by adding a subdivision to read:
Subd. 15. [EMPLOYER.] "Employer" means a private or public
employer that:
(1) agrees to create a job that is long term and full time,
except a private nonprofit or public employer may provide a
temporary job;
(2) pays a wage of at least $2 per hour higher than the
minimum wage; and
(3) agrees to retain a participant at the same wage and
benefit level of the wage subsidy period after satisfactory
completion of the subsidy period.
Sec. 6. Minnesota Statutes 1996, section 268.672, is
amended by adding a subdivision to read:
Subd. 16. [FULL TIME.] "Full time" means 40 hours of work
per week or any other schedule considered full time by the
employer. In the case of a temporary assistance to needy
families recipient, "full time" means 40 hours comprised of the
number of hours of work needed to meet the recipient's work
requirement plus the number of hours spent in a training or
education program. The employer is required to pay and is
eligible to receive the subsidy only for hours worked by the
participant for the employer.
Sec. 7. Minnesota Statutes 1996, section 268.672, is
amended by adding a subdivision to read:
Subd. 17. [JOB RETENTION SERVICES.] "Job retention
services" means assistance that would not otherwise be provided
to an eligible job applicant with child care, transportation,
job coaching, employer-employee mediation, and other forms of
support services to help an applicant to transition to
employment and retain a job.
Sec. 8. Minnesota Statutes 1996, section 268.672, is
amended by adding a subdivision to read:
Subd. 18. [LOW-INCOME WORKER.] "Low-income worker" means a
worker who earns no more than $1 per hour more than the minimum
wage.
Sec. 9. Minnesota Statutes 1996, section 268.672, is
amended by adding a subdivision to read:
Subd. 19. [MINIMUM WAGE.] "Minimum wage" means the greater
of (1) the federal minimum wage in effect on or after September
1, 1997, and (2) the state minimum wage under section 177.24.
Sec. 10. Minnesota Statutes 1996, section 268.672, is
amended by adding a subdivision to read:
Subd. 20. [PROGRAM.] "Program" means the 1997 Minnesota
employment and economic development program.
Sec. 11. Minnesota Statutes 1996, section 268.672, is
amended by adding a subdivision to read:
Subd. 21. [WORKFORCE SERVICE AREA.] "Workforce service
area" means a service delivery area designated by the governor
under the Job Training Partnership Act, United States Code,
title 29, section 1501, et seq.
Sec. 12. Minnesota Statutes 1996, section 268.673,
subdivision 3, is amended to read:
Subd. 3. [DEPARTMENT OF ECONOMIC SECURITY.] The
commissioner shall supervise wage subsidies, comprehensive job
readiness, and job retention services and shall provide
technical assistance to the local service units for the purpose
of delivering wage subsidies counties in their delivery.
Sec. 13. Minnesota Statutes 1996, section 268.673,
subdivision 4a, is amended to read:
Subd. 4a. [CONTRACTS WITH SERVICE PROVIDERS COUNTIES.] The
commissioner shall contract directly with a certified local
service provider counties, their designees, or workforce service
areas to deliver wage subsidies, comprehensive job readiness,
and job retention services if (1) each county served by
the provider designee or workforce service area agrees to the
contract and knows the amount of wage subsidy money,
comprehensive job readiness money, and job retention services
money allocated to the county under section 268.6751, and (2)
the provider designee or workforce service area agrees to meet
regularly with each county being served. The contracts must
require that no more than ten percent of the contract amount be
expended for administration.
Counties and workforce service areas are encouraged to
designate community-based providers of comprehensive job
readiness and job retention services.
Sec. 14. Minnesota Statutes 1996, section 268.673,
subdivision 5, is amended to read:
Subd. 5. [REPORT.] Each entity county delivering wage
subsidies, comprehensive job readiness, and job retention
services shall report to the commissioner on a quarterly basis:
(1) the number of persons placed in private sector jobs, in
temporary public sector jobs, or in other services;
(2) the outcome for each participant placed in a private
sector job, in a temporary public sector job, or in another
service;
(3) the number and type of employers employing persons
under the program;
(4) the amount of money spent in each local service unit
county for wages, comprehensive job readiness, and job retention
services for each type of employment and each type of other
expense;
(5) the age, educational experience, family status, gender,
priority group status, race, and work experience of each person
in the program;
(6) the amount of wages received by persons while in the
program and 60 days after completing the program; and
(7) for each classification of persons described in clause
(5), the outcome of the wage subsidy placement, the
comprehensive job readiness, and the job retention services,
including length of time employed; nature of employment, whether
private sector, temporary public sector, or other service; and
the hourly wages; and
(8) any other information requested by the commissioner.
Each report must include cumulative information, as well as
information for each quarter.
Data collected on individuals under this subdivision are
private data on individuals as defined in section 13.02,
subdivision 12, except that summary data may be provided under
section 13.05, subdivision 7.
Sec. 15. Minnesota Statutes 1996, section 268.6751,
subdivision 1, is amended to read:
Subdivision 1. [WAGE SUBSIDIES ALLOCATION.] Wage subsidy
money, comprehensive job readiness money, and job retention
services money must be allocated to local service units in the
following manner:
(a) The commissioner shall allocate 87.5 percent of the
funds available for allocation to local service units for wage
subsidy programs as follows: the proportion of the wage subsidy
money available to each local service unit must be based on the
number of unemployed persons in the local service unit for the
most recent six-month period and the number of work readiness
assistance cases and aid to families with dependent children
cases in the local service unit for the most recent six-month
period.
(b) Five percent of the money available for wage subsidy
programs must be allocated at the discretion of the commissioner.
(c) Seven and one-half percent of the money available for
wage subsidy programs must be allocated at the discretion of the
commissioner to provide jobs for residents of federally
recognized Indian reservations.
(d) counties in proportion to the number of persons living
at or below the federal poverty threshold in each county. By
December 31 of each fiscal year, providers and local service
units counties, designees, and workforce service areas receiving
wage subsidy money, comprehensive job readiness money, and job
retention services money shall report to the commissioner on the
use of allocated funds. The commissioner shall reallocate
uncommitted funds for each fiscal year according to the formula
in paragraph (a) this subdivision.
Sec. 16. Minnesota Statutes 1996, section 268.677,
subdivision 1, is amended to read:
Subdivision 1. [WAGE SUBSIDY, COMPREHENSIVE JOB READINESS,
AND JOB RETENTION SERVICES MONEY.] To the extent allowable under
federal and state law, wage subsidy money, comprehensive job
readiness money, and job retention services money must be pooled
and used in combination with money from other employment and
training services or income maintenance and support
services. At least 75 percent of the money appropriated for
wage subsidies must be used to pay wages for eligible job
applicants. For each eligible job applicant employed, the
maximum state contribution from any combination of public
assistance grant diversion and employment and training services
governed under this chapter, including wage subsidies, is $4 per
hour for wages and $1 per hour for fringe benefits. The use of
wage subsidies is limited as follows:
(a) The wage subsidy is $2.50 per hour for wages and up to
$1 per hour for reimbursement of employer-paid benefits for
health care, child care, or transportation expenses for
employers paying an eligible program participant an hourly wage
that is $2 to $2.99 per hour higher than the minimum wage.
(b) The wage subsidy is $4 per hour for wages and up to $1
per hour for reimbursement of employer paid benefits for health
care, child care, or transportation expenses for employers
paying an eligible program participant an hourly wage that is $3
or more per hour higher than the minimum wage.
(c) The wage subsidy for each an eligible job applicant
placed in private or nonprofit employment, the state may
subsidize wages may be paid for a maximum of 1,040 hours over a
period of 26 weeks. Employers are encouraged to use money from
other sources to provide increased wages to applicants they
employ. Job retention services may be provided to an eligible
program participant over a period of 78 weeks.
(b) For each eligible job applicant participating in a job
training program and placed in private sector employment, the
state may subsidize wages for a maximum of 1,040 hours over a
period of 52 weeks.
(c) For each eligible job applicant placed in a community
investment program job, the state may provide wage subsidies for
a maximum of 780 hours over a maximum of 26 weeks. For an
individual placed in a community investment program job, the
county share of the wage subsidy shall be 25 percent. Counties
may use money from sources other than public assistance and wage
subsidies, including private grants, contributions from
nonprofit corporations and other units of government, and other
state money, to increase the wages or hours of persons employed
in community investment programs.
(d) Notwithstanding the limitations of paragraphs (a) and
(b), money may be used to provide a state contribution for wages
and fringe benefits in private sector jobs for eligible
applicants who had previously held temporary jobs with eligible
government and nonprofit agencies or who had previously held
community investment program jobs for which a state contribution
had been made, and who are among the priority groups established
in section 268.676, subdivision 1. The use of money under this
paragraph shall be for a maximum of 1,040 hours over a maximum
period of 26 weeks per job applicant. An employer of more than
four full-time employees shall receive wage subsidies for no
more than 25 percent of the employer's full-time workforce.
Sec. 17. Minnesota Statutes 1996, section 268.681, is
amended to read:
268.681 [BUSINESS EMPLOYMENT.]
Subdivision 1. [ELIGIBLE BUSINESSES.] A business employer
is an eligible employer if it enters into a written contract,
signed and subscribed to under oath, with a local service
unit county or its contractor designee, containing assurances
that:
(a) funds received by a business shall be used only as
permitted under sections 268.672 to 268.682;
(b) the business has submitted information to the local
service unit county or, its contractor designee, or
workforce service area (1) describing the duties and proposed
compensation of each employee proposed to be hired under the
program; and (2) demonstrating that, with the funds provided
under sections 268.672 to 268.682, the business is likely to
succeed and continue to employ persons hired using wage
subsidies;
(c) the business will use funds exclusively for
compensation and fringe benefits of eligible job applicants and
will provide employees hired with these funds with fringe
benefits and other terms and conditions of employment comparable
to those provided to other employees of the business who do
comparable work;
(d) the funds are necessary to allow the business to begin,
or to employ additional people, expand, or to fill other open
positions but not to fill positions which would be filled even
in the absence of wage subsidies;
(e) the business will cooperate with the local service unit
county and the commissioner in collecting data to assess the
result of wage subsidies and the effectiveness of comprehensive
job readiness and job retention services; and
(f) the business is in compliance with all applicable
affirmative action, fair labor, health, safety, and
environmental standards.
Subd. 1a. [INELIGIBLE BUSINESSES.] A business employer is
ineligible to participate in the program and is ineligible to
receive wage subsidy money if:
(1) the business is a temporary employment agency; or
(2) the business is a restaurant.
For purposes of this subdivision, "temporary employment
agency" means a business that hires people to work in temporary
positions for employers who are clients of that business.
For purposes of this subdivision, "restaurant" includes,
but is not limited to, fast food restaurants.
Subd. 1b. [DISCHARGE OF PROGRAM PARTICIPANT.] A program
participant discharged from employment may challenge the
discharge as a violation of subdivision 1.
Subd. 2. [PRIORITIES.] (a) In allocating funds among
eligible businesses, the local service unit county or its
contractor designee shall give priority to:
(1) businesses that will provide applicants with on-the-job
training and marketable job skills;
(2) businesses engaged in manufacturing;
(2) (3) nonretail businesses that are small businesses as
defined in section 645.445; and
(3) (4) businesses that export products outside the state.
(b) In addition to paragraph (a), a local service unit
county must give priority to businesses that:
(1) have a high potential for growth and long-term job
creation;
(2) are labor intensive;
(3) make high use of local and Minnesota resources;
(4) are under ownership of women and minorities;
(5) make high use of new technology;
(6) produce energy conserving materials or services or are
involved in development of renewable sources of energy; and
(7) have their primary place of business in Minnesota.
Subd. 3. [PAYBACK.] (a) A business receiving wage
subsidies shall repay 70 percent of the amount initially
received for each eligible job applicant employed, if the
employee does not continue in the employment of the business
beyond the six-month subsidized period. If the employee
continues in the employment of the business for one year or
longer after the six-month subsidized period, the business need
not repay any of the funds received for that employee's wages.
If the employee continues in the employment of the business for
a period of less than one year after the expiration of the
six-month subsidized period, the business shall receive a
proportional reduction in the amount it must repay.
(b) If an employer dismisses an employee for good cause and
works in good faith with the local service unit or its
contractor to employ and train another person referred by
the local service unit county or, its contractor
designee, or workforce service area, the payback formula shall
apply as if the original person had continued in employment.
(c) If a business receiving funds under the program reduces
the hourly wage after the six-month subsidy, the business must
repay a portion of the subsidy in direct proportion to the
amount that the hourly wage is reduced.
(d) A repayment schedule shall be negotiated and agreed to
by the local service unit county and the business prior to the
disbursement of the funds and is subject to renegotiation. The
local service unit county shall forward 25 percent of the
payments received under this subdivision to the commissioner on
a monthly basis and shall retain the remaining 75 percent for
local program expenditures. Notwithstanding section 268.677,
subdivision 2, the local service unit may use up to 20 percent
of its share of the funds returned retain payments received
under this subdivision for any administrative costs associated
with the collection of the funds under this subdivision and for
entering into new wage subsidy agreements. At least 80 percent
of the local service unit's share of the funds returned under
this subdivision must be used as provided in section 268.677.
The commissioner shall deposit payments forwarded to the
commissioner under this subdivision in the general fund.
(e) If an employer is more than 60 days late in repaying a
subsidy as required in this subdivision, the county may engage a
licensed collection agency or refer the matter to the department
for collection under chapter 16D.
Subd. 4. [SUCCESSORSHIP.] A contract entered into by an
owner, employer, or manager under the wage subsidy program is
legally binding on any successor owner, employer, or manager.
Sec. 18. [268.6811] [FUND COMBINATIONS.]
To the extent allowable under federal law, money for job
training under Title II a of the Job Training Partnership Act,
United States Code, title 29, section 1501 et seq. and money
from other employment and training services or income
maintenance and support services, except services administered
under chapter 116L, may be pooled and used in combination with
money to provide subsidized employment, comprehensive job
readiness and job retention services under Minnesota Statutes,
section 268.6715 to 268.682.
Sec. 19. [REPEALER.]
Minnesota Statutes 1996, sections 268.672, subdivision 4;
268.673, subdivision 6; 268.676; 268.677, subdivisions 2 and 3;
268.678; and 268.679, subdivision 3, are repealed.
ARTICLE 4
HOUSING
Section 1. [LEAD HAZARD REDUCTION; ADVISORY TASK FORCE.]
Subdivision 1. [PURPOSE; DUTIES.] An advisory task force
on lead hazard reduction is established to:
(1) study and propose a program to certify residential
rental property as lead-safe;
(2) study and propose essential maintenance practices and
standard treatments to ensure that a residence remains lead-safe
after certification;
(3) identify the current barriers that cause lead liability
exclusion riders to be added to property owner insurance
liability policies;
(4) identify the legal rights and responsibilities of
landlords to provide lead-safe housing and the legal rights and
responsibilities of both landlords and tenants to maintain
lead-safe property; and
(5) study the legal liability of landlords and tenants when
a child becomes lead poisoned and propose methods to reduce
property owner liability while still protecting the legal rights
of children who become lead poisoned.
The task force shall report its findings and proposals to
the 1998 legislature.
Subd. 2. [MEMBERSHIP.] Members of the advisory task force
on lead hazard reduction are as follows:
(1) the chairs, or the chairs' designees, of the house of
representatives housing and housing finance division, and the
family and early childhood education finance division;
(2) the chairs, or the chairs' designees, of the senate
jobs, energy, and community development committee, and the
family and early childhood education finance division;
(3) one house member from the minority caucus, appointed by
the speaker, and one senator from the minority caucus, appointed
by the subcommittee on committees of the committee on rules and
administration;
(4) the commissioner of commerce or the commissioner's
designee;
(5) the commissioner of the housing finance agency or the
commissioner's designee;
(6) the commissioner of health or the commissioner's
designee; and
(7) up to 15 members appointed jointly by the commissioner
of commerce and the commissioner of the housing finance agency
to represent the following interests: landlords, tenants,
attorneys practicing landlord tenant law, parents of children
with lead poisoning, swab teams, insurers, the education
association, family physicians and pediatricians, realtors, the
Children's Defense Fund, the federal Environmental Protection
Agency, building inspectors, the paint and coatings industry,
and local boards of health.
Subd. 3. [CHAIR.] The commissioners of the housing finance
agency and the department of commerce shall convene the first
meeting of the advisory task force. At the advisory task
force's first meeting, the members shall select a member to
serve as chair.
Subd. 4. [TECHNICAL ASSISTANCE.] The commissioners of
health, commerce, and the housing finance agency and the
attorney general shall provide assistance to the advisory task
force, including technical assistance relating to lead hazards
and the reduction of lead hazards, insurance, landlord-tenant
law, and other assistance as requested by the task force.
Subd. 5. [EXPENSES; ADMINISTRATIVE SUPPORT.] Members of
the advisory task force must receive per diem and expenses, in
the amount provided in Minnesota Statutes, section 15.059,
subdivision 3. Members' compensation and other administrative
expenses of the advisory task force must be paid for by the
Minnesota housing finance agency.
Subd. 6. [EFFECTIVE DATE; EXPIRATION.] This section is
effective the day following final enactment and expires June 30,
1998.
Sec. 2. Minnesota Statutes 1996, section 268.38,
subdivision 7, is amended to read:
Subd. 7. [FUNDING COORDINATION.] Grant recipients shall
combine funds awarded under this section with other funds from
public and private sources. Programs receiving funds under this
section are also eligible for assistance under section 462A.05,
subdivision 20.
Sec. 3. [366.152] [CONDITIONAL USES.]
A manufactured home park, as defined in section 327.14,
subdivision 3, is a conditional use in a zoning district that
allows the construction or placement of a building used or
intended to be used by two or more families.
Sec. 4. Minnesota Statutes 1996, section 394.25, is
amended by adding a subdivision to read:
Subd. 3b. [CONDITIONAL USES.] A manufactured home park, as
defined in section 327.14, subdivision 3, is a conditional use
in a zoning district that allows the construction or placement
of a building used or intended to be used by two or more
families.
Sec. 5. Minnesota Statutes 1996, section 462.357, is
amended by adding a subdivision to read:
Subd. 1b. [CONDITIONAL USES.] A manufactured home park, as
defined in section 327.14, subdivision 3, is a conditional use
in a zoning district that allows the construction or placement
of a building used or intended to be used by two or more
families.
Sec. 6. Minnesota Statutes 1996, section 462A.05,
subdivision 14d, is amended to read:
Subd. 14d. [ACCESSIBILITY LOAN PROGRAM.] Rehabilitation
loans authorized under subdivision 14 may be made to eligible
persons and families households without limitations relating to
the maximum incomes of the borrowers.
A person or family household is eligible to receive an
accessibility loan under the following conditions:
(1) the borrower or a member of an individual residing in
the borrower's family requires a level of care provided in a
hospital, skilled nursing facility, or intermediate care
facility for persons with mental retardation or related
conditions; home has a permanent physical or mental condition
that substantially limits one or more major life activities; and
(2) home care is appropriate; and
(3) the improvement to the housing will enable assist the
borrower or a member of the borrower's family to reside
household in residing in the housing.
Sec. 7. Minnesota Statutes 1996, section 462A.05,
subdivision 30, is amended to read:
Subd. 30. [AGENCY INVESTMENT IN CERTAIN NOTES AND
MORTGAGES.] It may invest in, purchase, acquire, and take
assignments of existing notes and mortgages not closed for the
purpose of sale to the agency, from lenders that are nonprofit
or nonprofit entities, as defined in the agency's rules,
provided that: (1) the notes and mortgages evidence loans for
the construction, rehabilitation, purchase, improvement, or
refinancing of residential housing intended for occupancy and
occupied by low- and moderate-income persons and families; and
(2) the loan sellers utilize the funds derived from the
purchases in accordance with the authority contained in section
462A.07, subdivision 12, for the purposes and objectives of
sections 462A.02, 462A.03, 462A.05, 462A.07, and 462A.21; and
(3) the purchases are subject to security and limitations on the
costs and expenses of the loan sellers incidental to the
utilization of the purchase proceeds as the agency may
determine. The proceeds of the purchases authorized by this
subdivision shall not be subject to the limitations of section
462A.21, subdivisions 4k, 6, 9, and 12 6 and 9. In addition, it
may invest in, purchase, acquire, and take assignments of
existing federally insured mortgages for multifamily housing,
not closed for the purpose of sale to the agency, from any
banking institution, savings association, or other lender or
financial intermediary approved by the members; provided that
the multifamily housing is benefited by contracts for federal
housing assistance payments.
Sec. 8. Minnesota Statutes 1996, section 462A.05,
subdivision 39, is amended to read:
Subd. 39. [EQUITY TAKE-OUT LOANS.] The agency may make
equity take-out loans to owners of section 8 project-based and
section 236 rental property upon which the agency holds a first
mortgage. The owner of a section 8 project-based rental
property must agree to participate in the section 8 program and
extend the low-income affordability restrictions on the housing
for the maximum term of the section 8 contract. The owner of
section 236 rental property must agree to participate in the
section 236 interest reduction payments program, to extend any
existing low-income affordability restrictions on the housing,
and to extend any rental assistance payments for the maximum
term permitted under the agreement for rental assistance
payments. The equity take-out loan must be secured by a
subordinate loan on the property and may include additional
appropriate security determined necessary by the agency.
Sec. 9. Minnesota Statutes 1996, section 462A.05, is
amended by adding a subdivision to read:
Subd. 41. [DEMONSTRATION GRANTS.] The agency may make
demonstration grants to owners or managers of multifamily rental
property upon which the agency holds a mortgage for the purpose
of developing or coordinating services that promote the tenant's
ability to live independently, support the tenant's
self-sufficiency, improve the relationship between the tenants
and the community, or that otherwise strengthen the community.
Sec. 10. Minnesota Statutes 1996, section 462A.13, is
amended to read:
462A.13 [BONDS AND NOTES; PURCHASE AND CANCELLATION BY
AGENCY.]
The agency, subject to such agreements with noteholders or
bondholders as may then exist, shall have power out of any funds
available therefor to purchase notes or bonds of the agency,
which shall thereupon be canceled, either at initial issuance or
at a subsequent date, for cancellation or as an investment of
funds of the agency until required for its authorized purposes.
If so purchased, the notes or bonds shall be purchased at a
price not exceeding (a) if the notes or bonds are then
redeemable, the redemption price then applicable plus accrued
interest to the next interest payment date thereon purchase
date, or (b) if the notes or bonds are not redeemable, the
redemption price applicable on the first date after such
purchase upon which the notes or bonds become subject to
redemption plus accrued interest to such the purchase date.
Sec. 11. Minnesota Statutes 1996, section 462A.201,
subdivision 2, is amended to read:
Subd. 2. [LOW-INCOME HOUSING.] (a) The agency may, in
consultation with the advisory committee, use money from the
housing trust fund account to provide loans or grants for
projects for the development, construction, acquisition,
preservation, and rehabilitation of low-income rental and
limited equity cooperative housing units, including temporary
and transitional housing, and homes for ownership. Loans or
grants for residential housing for migrant farmworkers may be
made under this section. No more than 20 percent of available
funds may be used for home ownership projects.
(b) A rental or limited equity cooperative permanent
housing project must meet one of the following income tests:
(1) at least 75 percent of the rental and cooperative units
must be rented to or cooperatively owned by persons and families
whose income does not exceed 30 percent of the median family
income for the metropolitan area as defined in section 473.121,
subdivision 2; or
(2) all of the units funded by the housing trust fund
account must be used for the benefit of persons and families
whose income does not exceed 30 percent of the median family
income for the metropolitan area as defined in section 473.121,
subdivision 2.
The median family income may be adjusted for families of
five or more.
(c) Homes for ownership must be owned or purchased by
persons and families whose income does not exceed 50 percent of
the metropolitan area median income, adjusted for family size.
(d) In making the grants, the agency shall determine the
terms and conditions of repayment and the appropriate security,
if any, should repayment be required. To promote the geographic
distribution of grants and loans, the agency may designate a
portion of the grant or loan awards to be set aside for projects
located in specified congressional districts or other
geographical regions specified by the agency. The agency may
adopt rules for awarding grants and loans under this subdivision.
Sec. 12. Minnesota Statutes 1996, section 462A.205, is
amended to read:
462A.205 [RENT ASSISTANCE FOR FAMILY STABILIZATION
DEMONSTRATION PROJECT.]
Subdivision 1. [FAMILY STABILIZATION DEMONSTRATION
PROJECT.] The agency, in consultation with the department of
human services, may establish a rent assistance for family
stabilization demonstration project. The purpose of the project
is to provide rental assistance to families who, at the time of
initial eligibility for rental assistance under this section,
were receiving public assistance, and had a caretaker parent
participating in a self-sufficiency program and at least one
minor child and to provide rental assistance to families who, at
the time of initial eligibility for rental assistance under this
section, were receiving public assistance, and had a caretaker
parent who had earned income and with at least one minor child.
The demonstration project is limited to counties with high
average housing costs. The program must offer two options: a
voucher option and a project-based voucher option. The funds
may be distributed on a request for proposal basis.
Subd. 2. [DEFINITIONS.] For the purposes of this section,
the following terms have the meanings given them.
(a) "Caretaker parent" means a parent, relative caretaker,
or minor caretaker as defined by the aid to families with
dependent children program, sections 256.72 to 256.87, or its
successor program.
(b) "County agency" means the agency designated by the
county board to implement financial assistance for current
public assistance programs and for the Minnesota family
investment program statewide.
(c) "Counties with high average housing costs" means
counties whose average federal section 8 fair market rents as
determined by the Department of Housing and Urban Development
are in the highest one-third of average rents in the state.
(c) (d) "Designated rental property" is rental property (1)
that is made available by a self-sufficiency program for use by
participating families and meets federal section 8 existing
quality standards, or (2) that has received federal, state, or
local rental rehabilitation assistance since January 1, 1987,
and meets federal section 8 existing housing quality standards.
(e) "Earned income" for a family receiving rental
assistance under this section means cash or in-kind income
earned through the receipt of wages, salary, commissions, profit
from employment activities, net profit from self-employment
activities, payments made by an employer for regularly accrued
vacation or sick leave, and any other profit from activity
earned through effort or labor.
(f) "Family or participating family" means:
(1) a family with a caretaker parent who is participating
in a self-sufficiency program and with at least one minor child;
(2) a family that, at the time it began receiving rent
assistance under this section, had a caretaker parent
participating in a self-sufficiency program and had at least one
minor child;
(3) a family with a caretaker parent who is receiving
public assistance and has earned income and with at least one
minor child; or
(4) a family that, at the time it began receiving rent
assistance under this section, had a caretaker parent who had
earned income and at least one minor child.
(d) (g) "Gross family income" for a family receiving rental
assistance under this section means the gross amount of the
wages, salaries, social security payments, pensions, workers'
compensation, reemployment insurance, public assistance
payments, alimony, child support, and income from assets
received by the family.
(e) (h) "Local housing organization" means the agency of
local government responsible for administering the Department of
Housing and Urban Development's section 8 existing voucher and
certificate program or a nonprofit or for-profit organization
experienced in housing management.
(f) (i) "Public assistance" means aid to families with
dependent children, or its successor program, family general
assistance, or its successor program, or family work readiness,
or its successor program.
(g) (j) "Self-sufficiency program" means a program operated
by a certified an employment and training service provider as
defined in section 256.736, subdivision 1a, paragraph
(e) chapter 256J, an employability program administered by a
community action agency, or courses of study at an accredited
institution of higher education pursued with at least half-time
student status.
Subd. 3. [LOCAL HOUSING ORGANIZATION.] The agency may
contract with a local housing organization to administer the
rent assistance under this section. The agency may pay the
local housing organization an administrative fee. The
administrative fee may not exceed $40 per unit per month.
Subd. 4. [AMOUNT AND PAYMENT OF RENT ASSISTANCE.] (a) This
subdivision applies to both the voucher option and the
project-based voucher option.
(b) Within the limits of available appropriations, eligible
families may receive monthly rent assistance for a 36-month
period starting with the month the family first receives rent
assistance under this section. The amount of the family's
portion of the rental payment is equal to at least 30 percent of
gross income.
(c) The rent assistance must be paid by the local housing
organization to the property owner.
(d) Subject to the limitations in paragraph (e), the amount
of rent assistance is the difference between the rent and the
family's portion of the rental payment.
(e) In no case:
(1) may the amount of monthly rent assistance be more than
$250 for housing located within the metropolitan area, as
defined in section 473.121, subdivision 2, or more than $200 for
housing located outside of the metropolitan area;
(2) may the owner receive more rent for assisted units than
for comparable unassisted units; nor
(3) may the amount of monthly rent assistance be more than
the difference between the family's portion of the rental
payment and the fair market rent for the unit as determined by
the Department of Housing and Urban Development.
Subd. 4a. [ADDITIONAL AUTHORIZED EXPENSES.] In addition to
the monthly rent assistance authorized under subdivision 4, rent
assistance may include up to $200 for a security deposit for
housing located outside the metropolitan area, as defined in
section 473.121, subdivision 2, and up to $250 for a security
deposit for housing located within the metropolitan area.
Subd. 5. [VOUCHER OPTION.] At least one-half of the
appropriated funds must be made available for a voucher option.
Under the voucher option, the Minnesota housing finance agency,
in consultation with the department of human services, will
award a number of vouchers to self-sufficiency program
administrators for participating families and to county agencies
for participating families with earned income. Families may use
the voucher for any rental housing that is certified by the
local housing organization as meeting section 8 existing housing
quality standards.
Subd. 6. [PROJECT-BASED VOUCHER OPTION.] A portion of the
appropriated funds must be made available for a project-based
voucher option. Under the project-based voucher option, the
Minnesota housing finance agency, in consultation with the
department of human services, will award a number of vouchers to
self-sufficiency program administrators and to county agencies
for participating families who live in designated rental
property that is certified by a local housing organization as
meeting section 8 existing housing quality standards. The
Minnesota housing finance agency and local housing organizations
must work with self-sufficiency program administrators to
identify rental property that has received rental rehabilitation
assistance since January 1, 1987. The agency may set aside a
portion of the funds to be used in connection with rental
rehabilitation projects which will be completed by July 1, 1992.
Subd. 7. [PROPERTY OWNER.] In order to receive rent
assistance payments, the property owner must enter into a
standard lease agreement with the family which includes a clause
providing for good cause evictions only. Otherwise, the lease
may be any standard lease agreement. The agency and local
housing organizations must make model lease agreements available
to participating families and property owners.
Subd. 8. [AUTHORIZED LEVERAGE OF MONEY.] The agency may
leverage federal program money with program money from the
family stabilization demonstration project authorized under this
section.
Subd. 9. [VOUCHERS FOR FAMILIES WITH A CARETAKER PARENT
WITH EARNED INCOME.] (a) Applications to provide the rental
assistance for families with a caretaker parent with earned
income under either the voucher or project-based option must be
submitted jointly by a local housing organization and a county
agency. The application must include a description of how the
caretaker parent participants will be selected.
(b) County agencies awarded vouchers must select the
caretaker parents with earned income whose families will receive
the rent assistance. The county agency must notify the local
housing organization and the agency if:
(1) the caretaker parent no longer has earned income and is
not in compliance with the caretaker parent's employment plan or
job search plan; and
(2) for a period of six months, the caretaker parent has no
earned income and has failed to comply with the job search
support plan or employment plan.
(c) The county agency must provide the caretaker parent who
has no earned income and is not in compliance with the job
search support plan or employment plan with the notice specified
in Minnesota Rules, part 4900.3379. The county agency must send
a subsequent notice to the caretaker parent, the local housing
organization, and the Minnesota housing finance agency 60 days
before the termination of rental assistance.
(d) If the local housing organization receives notice from
a county agency that a caretaker parent whose initial
eligibility for rental assistance was based on the receipt of
earned income no longer has earned income and for a period of
six months after the termination of earned income has failed to
comply with the caretaker parent's job search plan or employment
plan, the local housing organization must notify the property
owner that rental assistance may terminate and notify the
caretaker parent of the termination of rental assistance under
Minnesota Rules, part 4900.3380.
(e) The county agency awarded vouchers for families with a
caretaker parent with earned income must comply with the
provisions of Minnesota Rules, part 4900.3377.
(f) For families whose initial eligibility for rental
assistance was based on the receipt of earned income, rental
assistance must be terminated under any of the following
conditions:
(1) the family is evicted from the property for cause;
(2) the caretaker parent no longer has earned income and,
after six months, is not in compliance with the parent's job
search or employment plan;
(3) 30 percent of the family's gross income equals or
exceeds the amount of the housing costs for two or more
consecutive months;
(4) the family has received rental assistance under this
section for a 36-month period; or
(5) the rental unit no longer meets federal section 8
existing housing quality standards, the owner refused to make
necessary repairs or alterations to bring the rental unit into
compliance within a reasonable time, and the caretaker parent
refused to relocate to a qualifying unit.
(g) If a county agency determines that a caretaker parent
no longer has earned income and is not in compliance with the
parent's job search or employment plan, the county agency must
notify the caretaker parent of that determination. The notice
must be in writing and must explain the effect of not having
earned income or failing to be in compliance with the job search
or employment plan will have on the rental assistance. The
notice must:
(1) state that rental assistance will end six months after
earned income has ended;
(2) specify the date the rental assistance will end;
(3) explain that after the date specified, the caretaker
parent will be responsible for the total housing costs;
(4) describe the actions the caretaker parent may take to
avoid termination of rental assistance; and
(5) inform the caretaker parent of the caretaker parent's
responsibility to notify the county agency if the caretaker
parent has earned income.
Sec. 13. Minnesota Statutes 1996, section 462A.206,
subdivision 2, is amended to read:
Subd. 2. [AUTHORIZATION.] The agency may make grants or
loans to cities or nonprofit organizations for the purposes of
construction, acquisition, rehabilitation, demolition, permanent
financing, refinancing, gap financing of single or multifamily
housing, or full cycle home ownership services, as defined in
section 462A.209, subdivision 2. Gap financing is financing for
the difference between the cost of the improvement of the
blighted property, including acquisition, demolition,
rehabilitation, and construction, and the market value of the
property upon sale. The agency shall take into account the
amount of money that the city or nonprofit organization
leverages from other sources in awarding grants and loans. The
agency shall also consider the extent to which the grant or loan
recipient will coordinate use of the funds with its other
housing-related efforts or other housing-related efforts in the
recipient's geographic area. The city or nonprofit organization
must indicate in its application how the proposed project is
consistent with the consolidated housing plan. Not less than
ten days before submitting its application to the agency, a
nonprofit organization must notify the city in which the project
will be located of its intent to apply for funds. The city may
submit to the agency its written comments on the nonprofit
organization's application and the agency shall consider the
city's comments in reviewing the application. Cities and
nonprofit organizations may use the grants and loans to
establish revolving loan funds and to provide grants and loans
to eligible mortgagors. The city or nonprofit organization may
determine the terms and conditions of the grants and loans. An
agency loan may only be used by a city or nonprofit organization
to make loans.
Sec. 14. Minnesota Statutes 1996, section 462A.206,
subdivision 4, is amended to read:
Subd. 4. [DESIGNATED AREAS.] For the purposes of focusing
resources, a city or a nonprofit organization located in a
metropolitan statistical area must designate neighborhoods
within which the grants or loans may be used, and a city or
nonprofit organization located outside of a metropolitan
statistical area must designate a geographic area within which
the grants or loans may be used.
Sec. 15. [462A.2065] [REPORT ON LOSS OF HOUSING.]
Each year, the commissioner shall report to the chair of
the house of representatives housing and housing finance
division and to the chair of the senate jobs, energy, and
community development committee, the information provided in the
reports made to the commissioner under section 469.0305.
Sec. 16. Minnesota Statutes 1996, section 462A.207,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] The agency shall, within
the limits of available appropriations, establish a mortgage
foreclosure prevention and emergency rental assistance program
to provide assistance to low-income and moderate-income persons
who are facing the loss of their housing due to circumstances
beyond their control. Priority for assistance under this
section must be given to persons and families at or below 60
percent of area median income, adjusted for family size, as
determined by the department of housing and urban development.
Sec. 17. Minnesota Statutes 1996, section 462A.207,
subdivision 2, is amended to read:
Subd. 2. [ADMINISTRATION.] The agency may contract with
community-based, nonprofit organizations that meet the
requirements specified in this section to provide either
mortgage foreclosure assistance or rental assistance, or both.
Preference must be given to nonprofit organizations that
demonstrate the greatest ability to leverage program money with
other sources of funding, or to organizations serving areas
without access to mortgage foreclosure assistance or rental
assistance. The agency may require an organization to match
program money with other money or resources.
Sec. 18. Minnesota Statutes 1996, section 462A.207,
subdivision 3, is amended to read:
Subd. 3. [ORGANIZATION ELIGIBILITY.] A nonprofit
organization must be able to demonstrate that it is qualified to
deliver program services, has relevant expertise in mortgage
foreclosure prevention or landlord and tenant procedures, and is
able to perform the duties required under the program. An
organization must provide the agency with a detailed description
of how the proposed program would be administered, including the
qualifications of staff. An organization may not be part of,
nor affiliated with, a mortgage lender nor provide assistance to
a household which occupies a housing unit owned or managed by
the organization.
Sec. 19. Minnesota Statutes 1996, section 462A.207,
subdivision 4, is amended to read:
Subd. 4. [SELECTION CRITERIA.] The agency shall take the
following criteria into consideration when determining whether
an organization is qualified to administer the program:
(1) the prior experience of the nonprofit organization in
establishing, administering, and maintaining a mortgage
foreclosure prevention or a rental assistance program;
(2) the documented familiarity of the organization
regarding mortgage foreclosure prevention procedures, landlord
and tenant procedures, and other services available to assist
with preventing the loss of housing;
(3) the reasonableness of the proposed budget in meeting
the program objectives;
(4) the documented ability of the organization to provide
financial assistance; and
(5) the documented ability of the organization to provide
mortgage foreclosure prevention or other financial or tenant
counseling.
Sec. 20. Minnesota Statutes 1996, section 462A.207,
subdivision 6, is amended to read:
Subd. 6. [ASSISTANCE.] (a) Program assistance includes
general information, screening, assessment, referral services,
case management, advocacy, and financial assistance to borrowers
who are delinquent on mortgage, or contract for deed, or rent
payments.
(b) Not more than one-half of program funding may be used
for mortgage or financial counseling services.
(c) Financial assistance consists of:
(1) payments for delinquent mortgage or contract for deed
payments, future mortgage or contract for deed payments for a
period of up to six months, property taxes, assessments,
utilities, insurance, home improvement repairs, future rent
payments for a period of up to six months, and relocation costs
if necessary, or other costs necessary to prevent foreclosure;
or.
(2) delinquent rent payments, utility bills, any fees or
costs necessary to redeem the property, future rent payments for
a period of up to six months, and relocation costs if necessary.
(d) An individual or family may receive the lesser of six
months or $4,500 of financial assistance.
Sec. 21. Minnesota Statutes 1996, section 462A.21,
subdivision 12a, is amended to read:
Subd. 12a. [PROGRAM MONEY TRANSFER.] Grants authorized
under section 462A.05, subdivision 20, may be made only with
specific appropriations by the legislature, but Unencumbered
balances of money appropriated for the purpose of loans or
grants for agency programs under these subdivisions may be
transferred between programs created by these subdivisions or in
accordance with section 462A.20, subdivision 3.
Sec. 22. [469.0305] [REPORT ON LOSS OF HOUSING.]
Subdivision 1. [EFFECTS OF WELFARE REFORM.] A public
agency administering a public housing program or a rent subsidy
program shall report to the commissioner of the housing finance
agency by February 1, each year, beginning in 1998, the
reduction in the number of units or section 8 certificates or
vouchers during the year and an assessment of the reasons for
the reduction, including whether it is due to the state's
welfare reform initiatives.
Subd. 2. [REDUCTION IN LOW-INCOME HOUSING UNITS.] A public
agency that acquires and demolishes housing occupied by persons
whose incomes are less than 50 percent of the area median income
shall report the number of units demolished to the commissioner
of the housing finance agency. The report must be submitted to
the commissioner of the housing finance agency no later than
March 15 of the following year.
Sec. 23. [REPEALER.]
Minnesota Statutes 1996, sections 268.39; 462A.05,
subdivision 20; 462A.206, subdivision 5; 462A.21, subdivisions
4k, 12, and 14, are repealed.
Sec. 24. [EFFECTIVE DATE.]
Section 1 is effective as provided in that section. The
remainder of this article is effective July 1, 1997.
ARTICLE 5
CAPITAL INVESTMENT
Section 1. Minnesota Statutes 1996, section 268.917, is
amended to read:
268.917 [EARLY CHILDHOOD LEARNING AND CHILD PROTECTION
FACILITIES.]
The commissioner may make grants to state agencies and
political subdivisions to construct or rehabilitate facilities
for Head Start, early childhood and family education
facilities programs, other early childhood intervention
programs, or demonstration family service centers housing
multiagency collaboratives, with priority to centers in counties
or municipalities with the highest number of children living in
poverty. The commissioner may also make grants to state
agencies and political subdivisions to construct or rehabilitate
facilities for crisis nurseries or child visitation centers.
The facilities must be owned by the state or a political
subdivision, but may be leased under section 16A.695 to
organizations that operate the programs. The commissioner shall
prescribe the terms and conditions of the leases. A grant for
an individual facility must not exceed $200,000 for each program
that is housed in the facility, up to a maximum of $500,000 for
a facility that houses three programs or more. The commissioner
shall give priority to grants that involve collaboration among
sponsors of programs under this section. At least 25 percent of
the amounts appropriated for these grants must be used in
conjunction with the youth employment and training programs
operated by the commissioner. Eligible programs must consult
with appropriate labor organizations to deliver education and
training.
Sec. 2. Minnesota Statutes 1996, section 446A.04,
subdivision 5, is amended to read:
Subd. 5. [FEES.] (a) The authority may set and collect
fees for costs incurred by the authority for audits, arbitrage
accounting, and payment of fees charged by the state board of
investment. The authority may also set and collect fees for
costs incurred by the commissioner, the department of health,
and the pollution control agency, including costs for personnel
and administrative services, for its financings and the
establishment and maintenance of reserve funds. Fees charged
directly to borrowers upon executing a loan agreement must not
exceed one-half of one percent of the loan amount. Servicing
fees assessed to loan repayments must not exceed two percent of
the loan repayment. The disposition of fees collected for costs
incurred by the authority is governed by section 446A.11,
subdivision 13. The authority shall enter into interagency
agreements to transfer funds into appropriate administrative
accounts established for fees collected under this subdivision
for costs incurred by the commissioner, the department of
health, or the pollution control agency must be credited to the
general fund.
(b) The authority shall annually report to the chairs of
the finance and appropriations committees of the legislature on:
(1) the amount of fees collected under this subdivision for
costs incurred by the authority;
(2) the purposes for which the fee proceeds have been
spent; and
(3) the amount of any remaining balance of fee proceeds.
Sec. 3. Minnesota Statutes 1996, section 446A.081,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) For the purposes of this
section, the terms in this subdivision have the meanings given
them.
(b) "Act" means the federal Safe Drinking Water
Infrastructure Financing Act Amendments of 1996, Public Law
Number 104-182.
(c) "Department" means the department of health.
Sec. 4. Minnesota Statutes 1996, section 446A.081,
subdivision 4, is amended to read:
Subd. 4. [CAPITALIZATION GRANT AGREEMENT.] The authority
shall enter into an agreement with the administrator of the
United States Environmental Protection Agency to receive
capitalization grants for the fund. The authority and the
department shall enter into an operating agreement with the
administrator of the United States Environmental Protection
Agency to satisfy the criteria in the act to operate the fund.
The authority and the department may exercise the powers
necessary to comply with the requirements specified in
the agreement agreements and to ensure that loan recipients
comply with all applicable federal and state requirements.
Sec. 5. Minnesota Statutes 1996, section 446A.081,
subdivision 9, is amended to read:
Subd. 9. [OTHER USES OF FUND.] The drinking water
revolving loan fund may be used as provided in the act,
including the following uses:
(1) to buy or refinance the debt obligations, at or below
market rates, of public water systems for drinking water
systems, where such debt was incurred after the date of
enactment of the act, for the purposes of construction of the
necessary improvements to comply with the national primary
drinking water regulations under the federal Safe Drinking Water
Act;
(2) to purchase or guarantee insurance for local
obligations to improve credit market access or reduce interest
rates;
(3) to provide a source of revenue or security for the
payment of principal and interest on revenue or general
obligation bonds issued by the authority if the bond proceeds
are deposited in the fund;
(4) to provide loans or loan guarantees for similar
revolving funds established by a governmental unit or state
agency;
(5) to earn interest on fund accounts; and
(6) to pay the reasonable costs incurred by the authority,
the department of trade and economic development, and the
department for conducting activities as authorized and required
under the act up to the limits authorized under the act; and
(7) to develop and administer programs for water system
supervision, source water protection, and related programs
required under the act.
Sec. 6. Minnesota Statutes 1996, section 446A.12,
subdivision 1, is amended to read:
Subdivision 1. [BONDING AUTHORITY.] The authority may
issue negotiable bonds in a principal amount that the authority
determines necessary to provide sufficient funds for achieving
its purposes, including the making of loans and purchase of
securities, the payment of interest on bonds of the authority,
the establishment of reserves to secure its bonds, the payment
of fees to a third party providing credit enhancement, and the
payment of all other expenditures of the authority incident to
and necessary or convenient to carry out its corporate purposes
and powers, but not including the making of grants. Bonds of
the authority may be issued as bonds or notes or in any other
form authorized by law. The principal amount of bonds issued
and outstanding under this section at any time may not exceed
$450,000,000 $850,000,000, excluding bonds for which refunding
bonds or crossover refunding bonds have been issued.
Sec. 7. [EFFECTIVE DATE.]
Section 1 is effective the day following final enactment.
ARTICLE 6
ECONOMIC SECURITY MISCELLANEOUS PROVISIONS
Section 1. Laws 1997, chapter 85, article 1, section 39,
subdivision 4, is amended to read:
Subd. 4. [EMPLOYMENT AND TRAINING SERVICE PROVIDER.]
"Employment and training service provider" means:
(1) a public, private, or nonprofit employment and training
agency certified by the commissioner of economic security under
sections 268.0122, subdivision 3, and 268.871, subdivision 1, or
is approved under section 256J.51 and is included in the county
plan submitted under section 256J.50, subdivision 7; or
(2) a public, private, or nonprofit agency that is not
certified by the commissioner under clause (1), but with which a
county has contracted to provide employment and training
services and which is included in the county's plan submitted
under section 256J.50, subdivision 7; or
(3) a county agency, if the county has opted is certified
under clause (1) to provide employment and training services and
the county has indicated that fact in the plan submitted under
section 256J.50, subdivision 7.
Notwithstanding section 268.871, an employment and training
services provider meeting this definition may deliver employment
and training services under this chapter.
Sec. 2. [EFFECTIVE DATE.]
Section 1 is effective July 1, 1997.
Presented to the governor May 27, 1997
Signed by the governor May 30, 1997, 1:32 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes