Office of the Revisor of Statutes
Minnesota Session Laws - 1997, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 202-S.F.No. 1905
An act relating to the organization and operation of
state government; appropriating money for the general
legislative and administrative expenses of state
government; modifying provisions relating to state
government operations; modifying information
technology provisions; providing for community-based
planning; modifying provisions relating to the
municipal board; establishing dispute resolution
procedures; providing criminal penalties; amending
Minnesota Statutes 1996, sections 1.34, subdivision 2;
3.056; 3.099, subdivision 3; 3.225, subdivision 1;
3.85, subdivision 3; 10A.09, subdivision 6; 10A.20,
subdivision 2; 14.47, subdivision 8; 15.0597,
subdivisions 5 and 7; 15.0599, subdivision 4; 16A.10,
subdivision 2; 16A.103, subdivision 1; 16A.11,
subdivisions 1, 3b, and 3c; 16A.1285, subdivision 3;
16A.129, subdivision 3; 16A.15, subdivision 3;
16A.642, subdivision 1, and by adding a subdivision;
16B.05, subdivision 2; 16B.20, subdivision 2; 16B.24,
subdivision 5; 16B.35, by adding a subdivision;
16B.42, subdivision 1; 16B.465; 16B.467; 16B.70,
subdivision 2; 43A.17, subdivision 4; 43A.38,
subdivision 4; 115.49, by adding a subdivision;
116P.05, subdivision 1; 138.31, by adding a
subdivision; 138.35; 138.91, by adding a subdivision;
151.21, by adding a subdivision; 176.611, by adding a
subdivision; 327.33, subdivision 2; 327B.04,
subdivision 7; 349.163, subdivision 4; 356.865,
subdivision 3; 363.073, subdivision 1; 394.23; 394.24,
subdivision 1; 403.02, subdivision 2, and by adding a
subdivision; 403.08, by adding a subdivision; 403.11,
subdivision 2; 403.113, subdivisions 1, 2, 3, and 4;
403.13; 414.0325, subdivision 1; 414.033, subdivisions
2b, 11, and 12; 422A.101, subdivision 3; 462.352,
subdivisions 5, 6, and by adding a subdivision;
462.357, subdivision 2; 473.894, subdivision 3; and
475A.06, subdivision 7; proposing coding for new law
in Minnesota Statutes, chapters 4A; 16B; 43A; 62J;
197; 394; 403; 414; 462; 465; and 473; proposing
coding for new law as Minnesota Statutes, chapters 16E
and 572A; repealing Minnesota Statutes 1996, sections
10A.21; 15.95; 15.96; 16B.40; 16B.41; 16B.43; 16B.58,
subdivision 8; 138.35, subdivision 3; and 414.033,
subdivision 2a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
APPROPRIATIONS
Section 1. [STATE GOVERNMENT APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another fund named, to
the agencies and for the purposes specified in this act, to be
available for the fiscal years indicated for each purpose. The
figures "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.
SUMMARY BY FUND
BIENNIAL
1998 1999 TOTAL
General $338,665,000 $309,544,000 $648,209,000
State
Government
Special Revenue 11,866,000 13,311,000 25,177,000
Environmental 224,000 229,000 453,000
Solid Waste Fund 445,000 450,000 895,000
Lottery Prize
Fund 1,300,000 1,150,000 2,450,000
Highway User
Tax Distribution 2,044,000 2,091,000 4,135,000
Trunk Highway 37,000 37,000 74,000
Workers'
Compensation 4,207,000 4,295,000 8,502,000
TOTAL $358,788,000 $331,107,000 $689,895,000
APPROPRIATIONS
Available for the Year
Ending June 30
1998 1999
Sec. 2. LEGISLATURE
Subdivision 1. Total
Appropriation 55,248,000 56,301,000
Summary by Fund
General 55,211,000 56,264,000
Trunk Highway 37,000 37,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Senate 18,974,000 17,743,000
Subd. 3. House of Representatives 24,116,000 25,801,000
Subd. 4. Legislative
Coordinating Commission 12,158,000 12,757,000
Summary by Fund
General 12,121,000 12,720,000
Trunk Highway 37,000 37,000
$4,754,000 the first year and
$5,362,000 the second year are for the
office of the revisor of statutes.
$1,030,000 the first year and
$1,052,000 the second year are for the
legislative reference library.
$4,615,000 the first year and
$4,622,000 the second year are for the
office of the legislative auditor.
$8,000 the first year and $8,000 the
second year are to provide additional
funding for the legislative
coordinating commission to contract for
sign language interpreter services for
meetings in Minnesota with legislators.
$18,000 the first year is for the
corporate subsidy reform commission
created by this act and is available
until June 30, 1999.
$65,000 the first year is for expenses
of the information policy task force
created by this act and is available
until June 30, 1999.
Sec. 3. GOVERNOR AND
LIEUTENANT GOVERNOR 3,816,000 3,884,000
This appropriation is to fund the
offices of the governor and lieutenant
governor.
$19,000 the first year and $19,000 the
second year are for necessary expenses
in the normal performance of the
governor's and lieutenant governor's
duties for which no other reimbursement
is provided.
By September 1 of each year, the
commissioner of finance shall report to
the chairs of the senate governmental
operations budget division and the
house state government finance division
any personnel costs incurred by the
office of the governor and lieutenant
governor that were supported by
appropriations to other agencies during
the previous fiscal year. The office
of the governor shall inform the chairs
of the divisions before initiating any
interagency agreements.
Sec. 4. STATE AUDITOR 7,718,000 7,916,000
Sec. 5. STATE TREASURER 2,070,000 2,134,000
$1,000,000 the first year and
$1,000,000 the second year are for the
treasurer to pay for banking services
by fees rather than by compensating
balances.
Sec. 6. ATTORNEY GENERAL 27,683,000 26,946,000
Summary by Fund
General 25,261,000 24,441,000*
* (The fund summary of "24,441,000" was vetoed by the
governor.)
State Government
Special Revenue 1,849,000 1,924,000
Environmental 128,000 131,000
Solid Waste Fund 445,000 450,000
$25,000 the first year is for the
attorney general to continue a study of
gender equity in athletics, to be
available until June 30, 1999.
Sec. 7. SECRETARY OF STATE 5,937,000 5,914,000
$34,000 the first year and $26,000 the
second year are for administrative
expenses related to the uniform
partnership act, 1997 S.F. No. 298, if
enacted.
$50,000 the first year is for licensing
digital signature certification
authorities under 1997 S.F. No. 173, if
enacted.
Sec. 8. BOARD OF PUBLIC DISCLOSURE 593,000 483,000
The board shall not adopt any new
administrative rules governing the
provisions outlined in Minnesota Rules,
chapter 4503 until after February 1,
1999.
Sec. 9. INVESTMENT BOARD 2,163,000 2,247,000
Sec. 10. ADMINISTRATIVE HEARINGS 4,107,000 4,195,000
This appropriation is from the workers'
compensation special compensation fund
for considering workers' compensation
claims.
Sec. 11. OFFICE OF STRATEGIC
AND LONG-RANGE PLANNING 4,973,000 5,317,000
$175,000 the first year and $175,000
the second year are for statewide
grants to implement teen courts pilot
projects. Up to five percent of the
appropriation may be used to administer
the program. This appropriation shall
not be included in the agency's base
for future bienniums.
$165,000 the first year and $165,000
the second year are for community-based
planning and the advisory council on
community-based planning.
$375,000 the second year is for
planning grants to counties, joint
planning districts that include at
least one county, or to a county and
one or more municipalities within the
county, when they submit a joint
planning application to prepare
community-based plans. A county
receiving a grant may provide funding
to municipalities within the county for
purposes of the grant. The office
shall give priority for grants to joint
planning districts or joint
applications from a county and one or
more municipalities. This
appropriation is available until June
30, 2000.
$375,000 the second year is for
technology grants to counties, or joint
planning districts that include at
least one county, that elect to prepare
community-based plans. This
appropriation is available until June
30, 2000.
$350,000 the first year is to make a
grant to a joint powers board, if one
is established by the counties of
Benton, Sherburne, and Stearns, and the
cities of St. Cloud, Waite Park,
Sartell, St. Joseph, and Sauk Rapids,
for the purposes of joint planning
under this act. Other cities and towns
within the counties may elect to
participate in the joint planning
district. The director may make the
grant once the joint powers board has
been formed and a copy of the joint
powers agreement has been received by
the director. Members of the joint
powers board may delegate their
authority to adopt official controls to
the joint powers board.
$150,000 the first year is to make
three grants to additional counties or
joint powers boards selected to
participate in the community-based
planning pilot project. A county that
receives a grant from this
appropriation may provide funding to
municipalities within the county for
purposes relating to the grant.
Sec. 12. ADMINISTRATION
Subdivision 1. Total
Appropriation 49,349,000 46,486,000
Summary by Fund
General 39,732,000 35,499,000
State Government
Special Revenue 9,617,000 10,987,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Operations Management
4,107,000 3,563,000
$183,000 the first year and $67,000 the
second year are for prescription drug
contracting activities.* (The preceding
text beginning "$183,000" was vetoed by
the governor.)
During the biennium ending June 30,
1999, for any executive agency contract
that is subject to Minnesota Statutes,
section 363.073, the commissioner shall
ensure to the extent practical and to
the extent consistent with the business
needs of the state, before the agency
enters into the contract, that the
company to receive the contract
attempts to recruit Minnesota welfare
recipients to fill vacancies in entry
level positions, if the company has
entry level employees in Minnesota.
Up to $500,000 the first year is for
the commissioner to conduct a study to
determine if there is sufficient
justification under a strict scrutiny
standard to continue or establish a
narrowly tailored purchasing program
for the benefit of any socially
disadvantaged groups. In conducting
this study, to the extent practical the
commissioner shall use data gathered
for similar studies in Hennepin and
Ramsey counties. The commissioner may
also study and recommend alternatives
for race and gender neutral programs to
stimulate growth opportunities for
small businesses. The study of these
alternatives may include, but is not
limited to, increasing outreach
efforts, evaluating contract purchasing
procedures, providing increased
information and feedback to small
businesses, eliminating or reducing
bonding and insurance requirements, and
mentoring and education. The
commissioner shall report to the
governor and the legislature by March
16, 1998.
Subd. 3. Facilities Management
11,734,000 11,202,000
$2,250,000 the first year and
$2,250,000 the second year are for
repair and maintenance of state
facilities under the custodial control
of the commissioner of administration.
When the museum-quality portrait of
Rudy and Lola Perpich authorized by
this act is completed, the commissioner
shall substitute it for the portrait of
Governor Rudy Perpich that currently is
displayed on the ground floor of the
State Capitol.
$650,000 is for the commissioner of
administration to acquire the building
in Ely currently used by the department
of revenue. The commissioner shall
cause the building to be appraised by a
qualified appraiser. The commissioner
shall submit the report of the
appraisal to the chairs of the senate
committees on taxes and state
government finance and to the chairs of
the house committees on taxes and ways
and means for their review and
comments. The commissioner may not
acquire the building until 30 days
after the report of the appraisal was
received by the chairs or until the
chairs have all submitted their
comments to the commissioner, whichever
occurs first.
$5,187,000 the first year and
$5,249,000 the second year are for
office space costs of the legislature
and veterans organizations, for
ceremonial space, and for statutorily
free space.
The commissioner of administration
shall examine the feasibility and
practicality of relocating the division
of emergency services to larger
quarters outside the capitol.
Subd. 4. Fiscal Agent
1,060,000 160,000
(a) Children's Museum
160,000 160,000
This appropriation is for a grant to
the Minnesota Children's Museum.
(b) Voyageur Center
$250,000 the first year is for a grant
to the city of International Falls for
the predesign and design of an
interpretive library and conference
center. The center shall provide
educational opportunities and enhance
tourism by presenting information and
displays that preserve and interpret
the history of the voyageurs and
animals involved with the voyageurs,
emphasizing the importance of the fur
trade to the history and development of
the region and the state. The center
shall include conference facilities.
The center shall be located in the city
of International Falls. The city may
enter into a lease or management
contract with a nonprofit entity for
operation of the center. In developing
plans for the facility, the
commissioner must consult with the
small business development center
located at Rainy River Community
College.
(c) Hockey Hall of Fame
$200,000 the first year is for a grant
to the hockey hall of fame in Eveleth
for capital improvements and building
and grounds maintenance. Any money not
spent the first year is available the
second year.
(d) American Bald Eagle Center
$450,000 the first year is for a grant
to the city of Wabasha to acquire and
prepare a site for and to predesign and
design the American Bald Eagle Center,
to be available until June 30, 1999.
Subd. 5. Administrative Management
2,633,000 2,659,000
$2,000 the first year and $2,000 the
second year are for the state
employees' band.
$175,000 the first year and $175,000
the second year are for the STAR
program.
$187,000 the first year and $190,000
the second year are for the office of
the state archaeologist.
$30,000 the first year is for the
office of the state archaeologist to
identify Indian burial mounds
throughout the state and to provide
information about these burial mounds
to units of local government.
Subd. 6. Management Analysis
584,000 658,000
Subd. 7. Technology Management
24,401,000 24,028,000
Summary by Fund
General 14,784,000 13,041,000
State Government
Special Revenue 9,617,000 10,987,000
The appropriation from the special
revenue fund is for recurring costs of
911 emergency telephone service.
$724,000 the first year and $936,000
the second year are for the network
telecommunications initiative. It is
intended that portions of this
appropriation be transferred to other
agencies to fund project costs. The
commissioner is authorized to make the
transfers with the advance approval of
the commissioner of finance.
$12,500,000 the first year and
$10,500,000 the second year are for
modification of state business systems
to address year 2000 changes.
$8,000,000 the first year is placed in
a contingent account and is available
only upon approval of the governor,
after consultation with the legislative
advisory commission. The commissioner
shall report to the legislature by
December 15, 1997, on progress of the
project. This appropriation is not
available until the commissioner has
determined that all other money
allocated for replacement or
enhancement of existing technology for
year 2000 compliance will be expended.
Each request for additional funding
must include the following
information: (1) a complete
description of the impact if the
information system is not upgraded for
year 2000 compliance; (2) a description
of other means of addressing the
problem if additional funding is not
provided; and (3) a description of
problems that may impact other systems
if the funding is not provided.
$280,000 the first year and $281,000
the second year are for the
intergovernmental information systems
advisory council.
Funds that were made available to
develop the local government financial
reporting system in Laws 1994, chapter
587, article 3, section 3, clause (5),
shall also be used to implement and
operate the system.
The intergovernmental information
systems advisory council shall create a
committee to provide direction for the
ongoing operation and maintenance of
the local government financial
reporting system similar to the
recommendation made in the initial
report to the legislative commission on
planning and fiscal policy. Members
shall include one member each from the
legislature, office of the state
auditor, department of revenue,
department of finance, counties,
cities, townships, special districts,
and a member from the general financial
community.
Subd. 8. Public Broadcasting
4,830,000 4,216,000
$1,700,000 the first year and
$1,700,000 the second year are for
matching grants for public television.
$250,000 the first year and $250,000
the second year are a one-biennium
appropriation and must not be included
in the budget base for the next
biennium. Public television grant
recipients shall give special emphasis
to children's programming. In
addition, public television grant
recipients shall promote program and
outreach initiatives that will increase
literacy and attempt to reduce youth
violence in our communities.
$700,000 the first year and $700,000
the second year are for public
television equipment needs. $100,000
the first year and $100,000 the second
year are a one-biennium appropriation
and must not be included in the budget
base for the next biennium. Equipment
grant allocations shall be made after
considering the recommendations of the
Minnesota public television association.
$750,000 the first year is for a
one-time grant to Twin Cities public
television to construct a digital
broadcast transmission facility and
develop high-definition digital
television capability. Twin Cities
public television will work with the
University of Minnesota and other
higher education institutions to
explore and demonstrate educational
uses of the broadcast services funded
by this appropriation. This
appropriation must be matched equally
from nonstate sources.
$305,000 the first year and $441,000
the second year are for grants for
public information television
transmission of legislative
activities. At least one-half must go
for programming to be broadcast in
rural Minnesota.
$25,000 the first year and $25,000 the
second year are for grants to the Twin
Cities regional cable channel.
$400,000 the first year and $400,000
the second year are for community
service grants to public educational
radio stations, which must be allocated
after considering the recommendations
of the Association of Minnesota Public
Educational Radio Stations under
Minnesota Statutes, section 129D.14.
$80,000 the first year and $80,000 the
second year are a one-biennium
appropriation and must not be included
in the budget base for the next
biennium.
$925,000 the first year and $925,000
the second year are for equipment
grants to public radio stations.
$431,000 the first year and $431,000
the second year are a one-biennium
appropriation and must not be included
in the budget base for the next
biennium. These grants must be
allocated after considering the
recommendations of the Association of
Minnesota Public Educational Radio
Stations and Minnesota Public Radio,
Inc.
If an appropriation for either year for
grants to public television or radio
stations is not sufficient, the
appropriation for the other year is
available for it.
$25,000 the first year and $25,000 the
second year are for a grant to the
association of Minnesota public
education radio stations for station
KMOJ. This money may be used for
equipment. This appropriation is
separate from and in addition to money
appropriated for stations affiliated
with Minnesota Public Radio and the
Association of Minnesota Public Radio
Stations.
Before receiving funding under this
section, each public radio or public
television station or network that is
to receive funding must agree to submit
a report to the commissioner. The
report must list all sources of revenue
for the station or network and any
for-profit subsidiaries. This must
include all federal, state, or local
funds received; private and corporate
gifts, grants, and other donations,
including conditions placed on the use
of these; investment earnings; and a
programming list. This report must be
submitted annually beginning in 1998.
Each report must cover the previous
year. This paragraph does not apply to
grants for public information
television transmission of legislative
activities.
Sec. 13. OFFICE OF TECHNOLOGY 5,161,000 2,777,000
$2,326,000 the first year and
$2,377,000 the second year are for the
administrative operations of the office
of technology.
$935,000 the first year is for the
North Star online information service
under new Minnesota Statutes, section
16E.07. Any unencumbered balance
remaining in the first year does not
cancel and is available for the second
year of the biennium.
$500,000 the first year is to develop
an electronic system to allow the
public to retrieve by computer business
license information prepared by the
commissioner of economic development,
as required by new Minnesota Statutes,
section 16E.08. Any unencumbered
balance remaining in the first year
does not cancel and is available for
the second year of the biennium. The
executive director shall report to the
legislature by January 15, 1998, on
progress of the project.
$400,000 the first year and $400,000
the second year are to develop a United
Nations trade point in the state under
new Minnesota Statutes, section
16E.11. If the appropriation for
either year is insufficient, the
appropriation for the other year is
available for it.
$500,000 the first year is to support
activities associated with a
plenipotentiary conference of the
International Telecommunications Union.
$500,000 the first year is to operate
the Internet Center under new Minnesota
Statutes, section 16E.12, and to
develop community technology resources
under new Minnesota Statutes, section
16E.13. Any unencumbered balance
remaining in the first year does not
cancel and is available for the second
year of the biennium.
Sec. 14. CAPITOL AREA ARCHITECTURAL
AND PLANNING BOARD 761,000 289,000
$455,000 the first year is for two
governors' portraits, predesign of a
memorial to Coya Knutson, design and
construction of a memorial to Hubert H.
Humphrey, and completion of the
Minnesota women's suffrage memorial
garden and is available until
expended. The portrait of Rudy and
Lola Perpich must be a museum-quality
oil painting based on the portrait of
Rudy and Lola Perpich currently on
display at the Minnesota Historical
Society.* (The preceding text beginning
"$455,000" was vetoed by the governor.)
The capitol area architectural and
planning board shall develop standards
for the content, construction, and
materials used for the official
portrait of a governor that is to be
hung in the state capitol. The board
shall give particular attention to the
question of whether the governor's
spouse should be included in the
official portrait of a future governor
and the length of time the portrait
should be expected to last without
significant deterioration. The board
shall report its recommendations to the
legislature by January 15, 1998.
Notwithstanding Laws 1993, chapter 192,
section 16, the appropriation in that
section for the Hubert H. Humphrey
memorial need not be matched.
The appropriation in Laws 1996, chapter
390, section 5, for revision of the
board's comprehensive plan and zoning
ordinance is available until June 30,
1998.
Sec. 15. FINANCE
Subdivision 1. Total
Appropriation 22,520,000 22,751,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Accounting Services
4,696,000 4,795,000
Subd. 3. Accounts Receivable
Operations
1,476,000 1,513,000
$595,000 the first year and $610,000
the second year are for transfer to the
department of revenue.
$266,000 the first year and $273,000
the second year are for transfer to the
department of human services.
$562,000 the first year and $576,000
the second year are for transfer to the
attorney general.
Subd. 4. Budget Services
2,129,000 2,189,000
The commissioner of finance shall
convene a joint executive-legislative
work group to evaluate the current
usefulness and benefits of agency
performance reports prepared in
accordance with the requirements of
Minnesota Statutes, sections 15.90 to
15.92. The work group shall include
representatives of reporting agencies,
the office of the legislative auditor,
the legislative committees to which
agency performance reports are
presented, and other parties as deemed
appropriate by the commissioner. By
November 3, 1997, the commissioner
shall report the progress of the work
group to the legislative commission on
planning and fiscal policy and other
committees as appropriate. The report
of the commissioner shall contain
recommendations on proposed
administrative and legislative actions
to increase the relevance, overall
usefulness, and benefits of state
performance reporting efforts, and
increase the efficiency of the report
development process. By February 2,
1998, the commissioner shall report to
the legislative commission on planning
and fiscal policy and other committees
as appropriate on performance measures
proposed for reporting on specific
agencies, and request the concurrence
of the legislature on the proposed
measures.
The term "annualization of new
programs" as used in the detailed
budget estimates shall be changed to
"new programs to agency base."
Subd. 5. Economic Analysis
313,000 319,000
Subd. 6. Information Services
12,304,000 12,304,000
Subd. 7. Management Services
1,602,000 1,631,000
Sec. 16. EMPLOYEE RELATIONS
Subdivision 1. Total
Appropriation 8,505,000 7,228,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Human Resources
Management
7,051,000 7,124,000
$325,000 the first year and $250,000
the second year are for continuation of
reforms to the state's human resource
management processes and policies,
including, but not limited to,
enhancing redeployment procedures,
application and testing services,
hiring, the position classification
system, and employee development
processes.
$50,000 the first year and $50,000 the
second year are for a grant to the
government training service.
$75,000 the first year and $75,000 the
second year are for the Minnesota
quality college under Minnesota
Statutes, section 43A.211.
$22,000 the first year and $22,000 the
second year are to fund a position to
administer the state's annual combined
charities program.
During the biennium ending June 30,
1999, the commissioner shall attempt to
recruit Minnesota welfare recipients to
fill at least ten percent of vacancies
in entry level state positions.
Subd. 3. Employee Insurance
1,454,000 104,000
$104,000 the first year and $104,000
the second year are for the
right-to-know contracts administered
through the employee insurance division.
$1,000,000 the first year is a one-time
appropriation to establish a state
workers' compensation settlement and
contingency reserve. This
appropriation must be transferred to a
separate account within the
miscellaneous special revenue fund,
from which payments may be made and
premiums assessed to replenish the
reserve account under new Minnesota
Statutes, section 176.611, subdivision
2a.
During the biennium ending June 30,
1999, the amount necessary to pay
premiums for coverage by the worker's
compensation reinsurance association
under Minnesota Statutes, section
79.34, is appropriated from the general
fund to the commissioner.
Sec. 17. REVENUE
Subdivision 1. Total
Appropriation 80,342,000 82,574,000
Summary by Fund
General 78,202,000 80,385,000
Highway User
Tax Distribution 2,044,000 2,091,000
Environmental 96,000 98,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Income Tax
14,297,000 14,549,000
Subd. 3. Business Excise and Consumption
13,657,000 13,972,000
Summary by Fund
General 11,517,000 11,783,000
Highway User
Tax Distribution 2,044,000 2,091,000
Environmental 96,000 98,000
$150,000 each year from the highway use
tax distribution fund is for funding of
the dyed fuel program. This
appropriation is reduced by the amount
of any federal grants available for use
during the biennium for dyed fuel
enforcement purposes.
Subd. 4. Property Tax and State Aids
2,869,000 3,026,000
Subd. 5. Tax Operations
27,679,000 28,207,000
Subd. 6. Legal and Research
3,830,000 3,832,000
$80,000 the first year is to complete
the Minnesota/Wisconsin tax reciprocity
study.
Subd. 7. Administrative Support
15,887,000 16,827,000
Subd. 8. Accounts Receivable
2,123,000 2,161,000
During the biennium ending June 30,
1999, when a debt owed to any entity of
state government for which the
Minnesota collection enterprise has
jurisdiction becomes 121 days past due,
the state entity must refer the account
to the commissioner of revenue for
assignment to the Minnesota collection
enterprise. This requirement does not
apply if there is a dispute over the
amount or validity of the debt, if the
debt is the subject of legal action or
administrative proceedings, or the
agency determines that the debtor is
adhering to acceptable payment
arrangements. The commissioner of
revenue, in consultation with the
commissioner of finance, may provide
that certain types of debt need not be
referred to the commissioner for
assignment to the collection enterprise
under this paragraph. Methods and
procedures for referral shall follow
internal guidelines prepared by the
commissioner of finance.
Sec. 18. MILITARY AFFAIRS
Subdivision 1. Total
Appropriation 10,416,000 10,527,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Maintenance of Training
Facilities
6,056,000 6,129,000
Subd. 3. General Support
2,008,000 2,045,000
$75,000 the first year and $75,000 the
second year are for expenses of
military forces ordered to active duty
under Minnesota Statutes, chapter 192.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
$400,000 the first year and $400,000
the second year are for a pilot project
to make armories available for
recreational activities for youth.
This amount shall not be included in
the agency's base for future
bienniums. Scheduling of these
activities is subject to approval of
the adjutant general. The project must
include, but is not limited to,
armories in Minneapolis and St. Paul.
The adjutant general shall report to
the chair of the state government
finance division in the house and the
chair of the governmental operations
budget division in the senate on the
results of the pilot project, including
the number of youth served, programs
provided, benefits of the programs to
communities served, and cost of
administering the project.
Subd. 4. Enlistment Incentives
2,352,000 2,353,000
Obligations for the reenlistment bonus
program, suspended on December 31,
1991, shall be paid from the amounts
available within the enlistment
incentives program.
If appropriations for either year of
the biennium are insufficient, the
appropriation from the other year is
available. The appropriations for
enlistment incentives are available
until expended.
Sec. 19. VETERANS AFFAIRS 21,594,000 4,324,000
$231,000 the first year and $232,000
the second year are for grants to
county veterans offices for training of
county veterans service officers.
$1,544,000 the first year and
$1,544,000 the second year are for
emergency financial and medical needs
of veterans. If the appropriation for
either year is insufficient, the
appropriation for the other year is
available for it.
With the approval of the commissioner
of finance, the commissioner of
veterans affairs may transfer the
unencumbered balance from the veterans
relief program to other department
programs during the fiscal year.
Before the transfer, the commissioner
of veterans affairs shall explain why
the unencumbered balance exists. The
amounts transferred must be identified
to the chairs of the senate
governmental operations budget
committee and the house governmental
operations committee division on state
government finance.
$250,000 the first year and $250,000
the second year are for a grant to the
Vinland National Center.
$110,000 is for a matching grant for a
memorial to be constructed in the city
of Park Rapids to honor veterans from
all wars involving armed forces of the
United States. In-kind donations may
be used for the nonstate match. The
appropriation does not expire and is
available until expended. $10,000 of
this amount is for administrative costs.
$110,000 the first year is to make a
grant to the Red Tail Project of the
Southern Minnesota Wing of the
Confederate Air Force and Tuskeegee
Airmen, Inc., to restore a P-51C
Mustang World War II fighter plane to
honor the airmen known as the
"Tuskeegee Airmen." The appropriation
must be matched by nonstate
contributions to the project. $10,000
of this amount is for administrative
costs.
$17,090,000 the first year is to make
bonus payments authorized under
Minnesota Statutes, section 197.79.
The appropriation may not be used for
administrative purposes. The
appropriation does not expire until the
commissioner acts on all applications
submitted under Minnesota Statutes,
section 197.79.
$250,000 the first year and $250,000
the second year are to administer the
bonus program established under
Minnesota Statutes, section 197.79.
The appropriation does not expire until
the commissioner acts on all the
applications submitted under Minnesota
Statutes, section 197.79.
Sec. 20. VETERANS OF FOREIGN
WARS 41,000 41,000
For carrying out the provisions of Laws
1945, chapter 455.
Sec. 21. MILITARY ORDER OF
THE PURPLE HEART 20,000 20,000
Sec. 22. DISABLED AMERICAN VETERANS 13,000 13,000
For carrying out the provisions of Laws
1941, chapter 425.
Sec. 23. GAMBLING CONTROL 2,277,000 2,177,000
The commissioner of revenue must
continue to provide technical support
to the lawful gambling control board
for the collection of gambling taxes
without charge during the biennium
ending June 30, 1999.
Sec. 24. RACING COMMISSION 371,000 379,000
Sec. 25. STATE LOTTERY 1,300,000 1,150,000
This appropriation is from the state
lottery prize fund to the commissioner
of human services for outpatient and
inpatient compulsive gambling treatment
programs, compulsive gambling hotline
services, felony screening, compulsive
gambling youth education, and any other
compulsive gambling treatment programs
under Minnesota Statutes, section
245.98.
$150,000 the first year is for the
inpatient treatment program at Project
Turnabout in Granite Falls.
Fifty percent of any money received by
the Gamblers' Intervention Center of
Duluth under any appropriation enacted
during the 1997 regular legislative
session must go to the Arrowhead
Center, Inc. in Virginia.
The total amount of money spent from
all appropriations enacted during the
1997 regular legislative session for
hotline services, felony screening, and
compulsive gambling youth education
must not exceed the total amount spent
for these purposes during the biennium
ending June 30, 1997.
The director of the state lottery shall
reimburse the general fund $150,000 the
first year and $150,000 the second year
for lottery-related costs incurred by
the department of public safety.
Sec. 26. AMATEUR SPORTS
COMMISSION 6,145,000 999,000
$5,000,000 the first year is for grants
for ice centers under Minnesota
Statutes, section 240A.09, of up to
$250,000 each. Up to $1,000,000 of
this amount may be used for renovation
grants for existing ice arenas of up to
$100,000 each. Any unencumbered
balance remaining in the first year
does not cancel and is available for
the second year of the biennium.
The amateur sports commission shall
report to the legislature by January
15, 1998, on progress toward the
construction and renovation of ice
arenas, their success, financing, and
operation, and any need for additional
state-assisted efforts.
$400,000 the first year and $400,000
the second year are for pilot projects
for youth sports as provided in this
act. This amount must not be included
in the agency's base for future
bienniums. The executive director
shall report by January 15, 1999, to
the chairs of the state government
finance division in the house and the
governmental operations budget division
in the senate on the results of the
pilot project, including the number of
youth served, programs provided,
benefits of the programs to communities
served, and the cost of administering
the project.
$50,000 the first year is for a grant
to the United States Olympic
Committee's Minnesota Olympic
development program to fund the
development of winter sports programs
for females from ages 13 to 18. The
money is available only upon
demonstration of a dollar for dollar
match from nonstate sources.
$75,000 the first year is to study the
feasibility of constructing an indoor
amateur tennis facility in the city of
St. Paul.
Sec. 27. BOARD OF THE ARTS
Subdivision 1. Total Appropriation 13,018,000 13,036,000
Any unencumbered balance remaining in
this section the first year does not
cancel but is available for the second
year of the biennium.
Subd. 2. Operations and Services 988,000 961,000
Subd. 3. Grants Program 8,518,000 8,540,000
The board shall spend this
appropriation to ensure that at least
ten percent of the expenditure is for
arts programs intended primarily for
children.
$50,000 the first year and $50,000 the
second year are for grants to
individual artists of color to create
new works in collaboration with
nonprofit arts and community
organizations. Special emphasis must
be made to reach artists of color who
are recent immigrants.
Subd. 4. Regional Arts
Councils 3,512,000 3,535,000
The board shall distribute this
appropriation to the regional arts
councils to ensure that ten percent of
the total distribution in each region
is for arts programs intended primarily
for children.
Sec. 28. MINNESOTA HUMANITIES
COMMISSION 886,000 886,000
Any unencumbered balance remaining in
the first year does not cancel but is
available for the second year of the
biennium.
Sec. 29. GENERAL CONTINGENT
ACCOUNTS 600,000 600,000
Summary by Fund
General 100,000 100,000
State Government
Special Revenue 400,000 400,000
Workers' Compensation 100,000 100,000
The appropriations in this section must
be spent with the approval of the
governor after consultation with the
legislative advisory commission under
Minnesota Statutes, section 3.30.
If an appropriation in this section for
either year is insufficient, the
appropriation for the other year is
available for it.
The special revenue appropriation is
available to be transferred to the
attorney general when the costs to
provide legal services to the health
boards exceed the biennial
appropriation to the attorney general
from the special revenue fund and for
transfer to the health boards if
required for unforeseen expenditures of
an emergency nature. The boards
receiving the additional services or
supplemental appropriations shall set
their fees to cover the costs.
Sec. 30. TORT CLAIMS 275,000 275,000
To be spent by the commissioner of
finance.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Sec. 31. MINNESOTA STATE
RETIREMENT SYSTEM 2,266,000 2,379,000
The amounts estimated to be needed for
each program are as follows:
(a) Legislators
2,093,000 2,197,000
Under Minnesota Statutes, sections
3A.03, subdivision 2; 3A.04,
subdivisions 3 and 4; and 3A.11.
(b) Constitutional Officers
173,000 182,000
Under Minnesota Statutes, sections
352C.031, subdivision 5; 352C.04,
subdivision 3; and 352C.09, subdivision
2.
If an appropriation in this section for
either year is insufficient, the
appropriation for the other year is
available for it.
Sec. 32. MINNEAPOLIS EMPLOYEES
RETIREMENT FUND 11,005,000 9,550,000
$10,455,000 the first year and
$9,000,000 the second year are to the
commissioner of finance for payment to
the Minneapolis employees retirement
fund under Minnesota Statutes, section
422A.101, subdivision 3. Payment must
be made in four equal installments,
March 15, July 15, September 15, and
November 15, each year.
$550,000 the first year and $550,000
the second year are to the commissioner
of finance for payment to the
Minneapolis employees retirement fund
for the supplemental benefit for
pre-1973 retirees under Minnesota
Statutes, section 356.865.
Sec. 33. POLICE AND FIRE
AMORTIZATION AID 6,303,000 6,300,000
$4,925,000 the first year and
$4,925,000 the second year are to the
commissioner of revenue for state aid
to amortize the unfunded liability of
local police and salaried firefighters'
relief associations, under Minnesota
Statutes, section 423A.02.
$1,000,000 the first year and
$1,000,000 the second year are to the
commissioner of revenue for
supplemental state aid to amortize the
unfunded liability of local police and
salaried firefighters' relief
associations under Minnesota Statutes,
section 423A.02, subdivision 1a.
$378,000 the first year and $375,000
the second year are to the commissioner
of revenue to pay reimbursements to
relief associations for firefighter
supplemental benefits paid under
Minnesota Statutes, section 424A.10.
Sec. 34. BOARD OF GOVERNMENT
INNOVATION AND COOPERATION 1,312,000 1,009,000
$306,000 the first year is to fund a
portion of the cooperation and
combination aid awards that were
approved by the board in fiscal years
1996 and 1997.
Sec. 35. BOND SALE SCHEDULE
The commissioner of finance shall
schedule the sale of state general
obligation bonds so that, during the
biennium ending June 30, 1999, no more
than $545,457,000 will need to be
transferred from the general fund to
the state bond fund to pay principal
and interest due and to become due on
outstanding state general obligation
bonds. During the biennium, before
each sale of state general obligation
bonds, the commissioner of finance
shall calculate the amount of debt
service payments needed on bonds
previously issued and shall estimate
the amount of debt service payments
that will be needed on the bonds
scheduled to be sold, the commissioner
shall adjust the amount of bonds
scheduled to be sold so as to remain
within the limit set by this section.
The amount needed to make the debt
service payments is appropriated from
the general fund as provided in
Minnesota Statutes, section 16A.641.
Sec. 36. [STATEWIDE SYSTEMS ACCOUNT.]
Subdivision 1. [CONTINUATION.] The statewide systems
account is a separate account in the general fund. All money
resulting from billings for statewide systems services must be
deposited in the account. For the purposes of this section,
statewide systems includes the state accounting system, payroll
system, human resources system, procurement system, and related
information access systems.
Subd. 2. [BILLING PROCEDURES.] The commissioner of finance
may bill up to $3,111,000 in fiscal year 1998 and $3,659,000 in
fiscal year 1999 for statewide systems services provided to
state agencies, judicial branch agencies, the University of
Minnesota, the Minnesota state colleges and universities, and
other entities. Billing must be based only on usage of services
relating to statewide systems provided by the intertechnologies
division. Each agency shall transfer from agency operating
appropriations to the statewide systems account the amount
billed by the commissioner. Billing policies and procedures
related to statewide systems services must be developed by the
commissioner of finance in consultation with the commissioners
of employee relations and administration, the University of
Minnesota, and the Minnesota state colleges and universities.
Subd. 3. [APPROPRIATION.] Money transferred into the
account is appropriated to the commissioner of finance to pay
for statewide systems services during fiscal years 1998 and 1999.
ARTICLE 2
STATE GOVERNMENT OPERATIONS
Section 1. Minnesota Statutes 1996, section 1.34,
subdivision 2, is amended to read:
Subd. 2. [OFFICERS.] The members of the legislative
advisory committee shall select a chair and other officers as
deemed necessary. The chair of the commission shall rotate
every two years between the house and the senate.
Sec. 2. Minnesota Statutes 1996, section 3.056, is amended
to read:
3.056 [DESIGNATION OF SUCCESSOR COMMITTEE.]
If a law assigns a power or duty to a named legislative
committee or its chair, and the committee has been renamed or no
longer exists, the speaker of the house of representatives or
the senate committee on rules and administration shall designate
the successor committee or chair for the law as provided in this
section. If the committee has been renamed but retains
jurisdiction of the subject of the power or duty, the speaker or
senate committee shall designate the renamed committee as
successor. If the committee has been renamed and jurisdiction
of the subject of the power or duty has been transferred to
another committee, the speaker or senate committee shall
designate the committee with current jurisdiction as the
successor. If the named committee no longer exists, the speaker
or senate committee shall designate as successor the committee
with the jurisdiction that most closely corresponds with the
former jurisdiction of the named committee. The house of
representatives and the senate shall maintain a list on the
World Wide Web of renamed or successor committees to committees
that are referenced in law.
Sec. 3. Minnesota Statutes 1996, section 3.099,
subdivision 3, is amended to read:
Subd. 3. [LEADERS.] The senate committee on rules and
administration for the senate and the house committee on rules
and legislative administration for the house may each designate
for their respective body up to three five leadership positions
to receive up to 140 percent of the compensation of other
members.
At the commencement of each biennial legislative session,
each house of the legislature shall adopt a resolution
designating its majority and minority leader.
The majority leader is the person elected by the caucus of
members in each house which is its largest political
affiliation. The minority leader is the person elected by the
caucus which is its second largest political affiliation.* (The
governor marked the preceding section as vetoed.)
Sec. 4. Minnesota Statutes 1996, section 3.225,
subdivision 1, is amended to read:
Subdivision 1. [APPLICATION.] This section applies to a
contract for professional or technical services entered into by
the house of representatives, the senate, the legislative
coordinating commission, or any group under the jurisdiction of
the legislative coordinating commission. For purposes of this
section, "professional or technical services" contract has the
meaning defined in section 16B.17 but does not include legal
services for official legislative business.
Sec. 5. Minnesota Statutes 1996, section 3.85, subdivision
3, is amended to read:
Subd. 3. [MEMBERSHIP.] The commission consists of five six
members of the senate appointed by the subcommittee on
committees of the committee on rules and administration and five
six members of the house of representatives appointed by the
speaker. Members shall be appointed at the commencement of each
regular session of the legislature for a two-year term beginning
January 16 of the first year of the regular session. Vacancies
that occur while the legislature is in session shall be filled
like regular appointments. If the legislature is not in
session, senate vacancies shall be filled by the last
subcommittee on committees of the senate committee on rules and
administration or other appointing authority designated by the
senate rules, and house vacancies shall be filled by the last
speaker of the house, or if the speaker is not available, by the
last chair of the house rules committee.
Sec. 6. Minnesota Statutes 1996, section 10A.09,
subdivision 6, is amended to read:
Subd. 6. Each individual who is required to file a
statement of economic interest shall file a supplementary
statement on April 15 of each year that the individual remains
in office if information on the most recently filed statement
has changed. The statement shall include a space for each
category of information in which the individual may indicate
that no change in information has occurred since the previous
statement. The supplementary statement, if required, shall
include the amount of each honorarium in excess of $50 received
since the previous statement, together with the name and address
of the source of the honorarium. A statement of economic
interest submitted by an officeholder shall be filed with the
statement submitted as a candidate.
Sec. 7. Minnesota Statutes 1996, section 10A.20,
subdivision 2, is amended to read:
Subd. 2. The reports shall be filed with the board on or
before January 31 of each year and additional reports shall be
filed as required and in accordance with clauses (a) and (b).
(a) In each year in which the name of the candidate is on
the ballot, the report of the principal campaign committee shall
be filed ten 15 days before a primary and ten days before a
general election, seven days before a special primary and a
special election, and ten days after a special election cycle.
The report due after a special election may be filed on January
31 following the special election if the special election is
held not more than 60 days before that date.
(b) In each general election year political committees and
political funds other than principal campaign committees shall
file reports ten days before a primary and general election.
If a scheduled filing date falls on a Saturday, Sunday or
legal holiday, the filing date shall be the next regular
business day.
Sec. 8. Minnesota Statutes 1996, section 14.47,
subdivision 8, is amended to read:
Subd. 8. [SALES AND DISTRIBUTION OF COMPILATION.] Any
compilation, reissue, or supplement published by the revisor
shall be sold by the revisor for a reasonable fee and its
proceeds deposited in the general fund. An agency shall
purchase from the revisor the number of copies of the
compilation or supplement needed by the agency. The revisor
shall provide without charge copies of each edition of any
compilation, reissue, or supplement to the persons or bodies
listed in this subdivision. Those copies must be marked with
the words "State Copy" and kept for the use of the office. The
revisor shall distribute:
(a) 25 copies to the office of the attorney general;
(b) 12 copies for the legislative commission for review of
administrative rules two copies to the leader of each caucus in
the house of representatives and the senate, two copies to the
legislative reference library, and one copy each to the house of
representatives research department and the office of senate
counsel and research;
(c) 3 copies to the revisor of statutes for transmission to
the Library of Congress for copyright and depository purposes;
(d) 150 copies to the state law library;
(e) 10 copies to the law school of the University of
Minnesota; and
(f) one copy of any compilation or supplement to each
county library maintained pursuant to section 134.12 upon its
request, except in counties containing cities of the first
class. If a county has not established a county library
pursuant to section 134.12, the copy will be provided to any
public library in the county upon its request.
Sec. 9. Minnesota Statutes 1996, section 15.0597,
subdivision 5, is amended to read:
Subd. 5. [NOMINATIONS FOR VACANCIES.] Any person may make
a self-nomination for appointment to an agency vacancy by
completing an application on a form prepared and distributed by
the secretary. The secretary may provide for the submission of
the application by electronic means. Any person or group of
persons may, on the prescribed application form, nominate
another person to be appointed to a vacancy so long as the
person so nominated consents in writing on the application form
to the nomination. The application form shall specify the
nominee's name, mailing address, telephone number, preferred
agency position sought, a statement that the nominee satisfies
any legally prescribed qualifications, and any other information
the nominating person feels would be helpful to the appointing
authority. The nominating person has the option of indicating
the nominee's sex, political party preference or lack thereof,
status with regard to disability, race and national origin on
the application form. The application form shall make the
option known. If a person submits an application at the
suggestion of an appointing authority, the person shall so
indicate on the application form. Twenty-one days after
publication of a vacancy in the State Register pursuant to
subdivision 4, the secretary shall submit copies of all
applications received for a position to the appointing authority
charged with filling the vacancy. If no applications have been
received by the secretary for the vacant position by the date
when copies must be submitted to the appointing authority, the
secretary shall so inform the appointing authority.
Applications received by the secretary shall be deemed to have
expired one year after receipt of the application. An
application for a particular agency position shall be deemed to
be an application for all vacancies in that agency occurring
prior to the expiration of the application and shall be public
information.
Sec. 10. Minnesota Statutes 1996, section 15.0597,
subdivision 7, is amended to read:
Subd. 7. [REPORT.] Together with the compilation required
in subdivision 3, the secretary shall annually deliver to the
governor and the legislature a report containing the following
information:
(1) the number of vacancies occurring in the preceding
year;
(2) the number of vacancies occurring as a result of
scheduled ends of terms, unscheduled vacancies and the creation
of new positions;
(3) breakdowns by county, legislative district, and
congressional district, and, if known, the sex, political party
preference or lack thereof, status with regard to disability,
race, and national origin, for members whose agency membership
terminated during the year and appointees to the vacant
positions; and
(4) the number of vacancies filled from applications
submitted by (i) the appointing authorities for the positions
filled, (ii) nominating persons and self-nominees who submitted
applications at the suggestion of appointing authorities, and
(iii) all others.
Sec. 11. Minnesota Statutes 1996, section 15.0599,
subdivision 4, is amended to read:
Subd. 4. [REGISTRATION; INFORMATION REQUIRED.] (a) The
appointing authority of a newly established agency shall provide
the secretary with the following information:
(1) the name, mailing address, and telephone number of the
agency;
(2) the legal authority for the establishment of the agency
and the name and the title of the person or persons appointing
agency members;
(3) the powers and duties of the agency and whether the
agency, however designated, is best described by section 15.012,
paragraph (a), (b), (c), (e), or (f);
(4) the number of authorized members, together with any
prescribed restrictions on eligibility;
(5) the roster of current members, including mailing
addresses and telephone numbers;
(6) a breakdown of the membership showing distribution by
county, legislative district, and congressional district and
compliance with any restrictions listed in accordance with
clause (4);
(7) if any members have voluntarily provided the
information, the sex, age, political preference or lack of
preference, status with regard to disability, race, and national
origin of those members;
(8) the dates of commencement and expiration of membership
terms and the expiration date of the agency, if any;
(9) the compensation of members and appropriations or other
money available to the agency;
(10) the name of the state agency or other entity, if any,
required to provide staff or administrative support to the
agency;
(11) the regular meeting schedule, if any, and the
approximate number of hours a month of meetings or other
activities required of members; and
(12) a brief statement of the goal or purpose of the
agency, along with a summary of what an existing agency has
done, or what a newly established agency plans to do to achieve
its goal or purpose.
(b) The chair of an existing agency shall provide
information, covering the fiscal year in which it is
registering, on the number of meetings it has held, its
expenses, and the number of staff hours, if any, devoted to its
support. The chair shall also, if necessary, update any of the
information previously provided in accordance with paragraph (a).
(c) The secretary shall provide forms for the reporting of
information required by this subdivision and may provide for
reporting by electronic means.
Sec. 12. Minnesota Statutes 1996, section 16A.10,
subdivision 2, is amended to read:
Subd. 2. [BY OCTOBER 15 AND NOVEMBER 30.] By October 15 of
each even-numbered year, an agency must file the following with
the commissioner:
(1) budget and departmental earnings estimates for the most
recent and current fiscal years;
(2) its upcoming biennial budget and departmental earnings
estimates;
(3) a comprehensive and integrated statement of agency
missions and outcome and performance measures; and
(4) a concise explanation of any planned changes in the
level of services or new activities.
The commissioner shall prepare and file the budget
estimates for an agency failing to file them. By November 30,
the commissioner shall send the final budget format,
departmental earnings report, agency budget plans or requests
for the next biennium, and copies of the filed material to the
ways and means and finance committees, except that the
commissioner shall not be required to transmit information that
identifies executive branch budget decision items. At this
time, a list of each employee's name, title, and salary must be
available to the legislature, either on paper or through
electronic retrieval.
Sec. 13. Minnesota Statutes 1996, section 16A.103,
subdivision 1, is amended to read:
Subdivision 1. [STATE REVENUE AND EXPENDITURES.] In
February and November each year, the commissioner shall prepare
and deliver to the governor and legislature a forecast of state
revenue and expenditures. The forecast must assume the
continuation of current laws and reasonable estimates of
projected growth in the national and state economies and
affected populations. Revenue must be estimated for all sources
provided for in current law. Expenditures must be estimated for
all obligations imposed by law and those projected to occur as a
result of inflation and variables outside the control of the
legislature. In determining the rate of inflation, the
application of inflation, and the other variables to be included
in the expenditure part of the forecast, the commissioner must
consult with the chair of the senate state government finance
committee, the chair of the house committee on ways and means,
and house and senate fiscal staff. In addition, the
commissioner shall forecast Minnesota personal income for each
of the years covered by the forecast and include these estimates
in the forecast documents. A forecast prepared during the first
fiscal year of a biennium must cover that biennium and the next
biennium. A forecast prepared during the second fiscal year of
a biennium must cover that biennium and the next two bienniums.
Sec. 14. Minnesota Statutes 1996, section 16A.11,
subdivision 1, is amended to read:
Subdivision 1. [WHEN.] The governor shall submit a
four-part budget to the legislature. Parts one and two, the
budget message and detailed operating budget, must be submitted
by the fourth Tuesday in January in each odd-numbered year.
Part three, the detailed recommendations as to capital
expenditure, must be submitted as follows: agency capital
budget requests by June 15 July 1 of each odd-numbered year;
preliminary governor's recommendations by September 1 of each
odd-numbered year;, and final governor's recommendations by
February 1 January 15 of each even-numbered year. Part four,
the detailed recommendations as to information technology
expenditure, must be submitted at the same time the governor
submits the budget message to the legislature.
Sec. 15. Minnesota Statutes 1996, section 16A.11,
subdivision 3b, is amended to read:
Subd. 3b. [CONTRACTS.] The detailed budget estimate must
also include the following information on professional or
technical services contracts:
(1) the number and amount of contracts over $40,000 for
each agency for the past biennium;
(2) the anticipated number and amount of contracts over
$40,000 for each agency for the upcoming biennium; and
(3) the total number and value of all contracts from the
previous biennium, and the anticipated total number and value of
all contracts for the upcoming biennium.
Sec. 16. Minnesota Statutes 1996, section 16A.11,
subdivision 3c, is amended to read:
Subd. 3c. [PART FOUR; DETAILED INFORMATION TECHNOLOGY
BUDGET.] The detailed information technology budget must include
recommendations for information technology projects to be funded
during the next biennium and planning estimates for an
additional two biennia. It must be submitted with projects
ranked in order of importance among all projects as determined
by the governor.
Sec. 17. Minnesota Statutes 1996, section 16A.1285,
subdivision 3, is amended to read:
Subd. 3. [DUTIES OF THE COMMISSIONER OF FINANCE.] The
commissioner of finance shall classify, monitor, analyze, and
report all departmental earnings that fall within the definition
established in subdivision 1. Specifically, the commissioner
shall:
(1) establish and maintain a classification system that
clearly defines and distinguishes categories and types of
departmental earnings and takes into account the purpose of the
various earnings types and the extent to which various earnings
types serve a public or private interest;
(2) prepare a biennial report that documents collection
costs, purposes, and yields of all departmental earnings, the
report to be submitted to the legislature on or before November
30 of each even-numbered year the fourth Tuesday in January in
each odd-numbered year and to include estimated data for the
year in which the report is prepared, actual data for the two
years immediately before, and estimates for the two years
immediately following; and
(3) prepare and maintain a detailed directory of all
departmental earnings.
Sec. 18. Minnesota Statutes 1996, section 16A.129,
subdivision 3, is amended to read:
Subd. 3. [CASH ADVANCES.] When the operations of any
nongeneral fund account would be impeded by projected cash
deficiencies resulting from delays in the receipt of grants,
dedicated income, or other similar receivables, and when the
deficiencies would be corrected within the budget period
involved, the commissioner of finance may use general fund cash
reserves to meet cash demands. If funds are transferred from
the general fund to meet cash flow needs, the cash flow
transfers must be returned to the general fund as soon as
sufficient cash balances are available in the account to which
the transfer was made. Any interest earned on general fund cash
flow transfers accrues to the general fund and not to the
accounts or funds to which the transfer was made. The
commissioner may advance general fund cash reserves to
nongeneral fund accounts where the receipts from other
governmental units cannot be collected within the budget period.
Sec. 19. Minnesota Statutes 1996, section 16A.15,
subdivision 3, is amended to read:
Subd. 3. [ALLOTMENT AND ENCUMBRANCE.] (a) A payment may
not be made without prior obligation. An obligation may not be
incurred against any fund, allotment, or appropriation unless
the commissioner has certified a sufficient unencumbered balance
or the accounting system shows sufficient allotment or
encumbrance balance in the fund, allotment, or appropriation to
meet it. The commissioner shall determine when the accounting
system may be used to incur obligations without the
commissioner's certification of a sufficient unencumbered
balance. An expenditure or obligation authorized or incurred in
violation of this chapter is invalid and ineligible for payment
until made valid. A payment made in violation of this chapter
is illegal. An employee authorizing or making the payment, or
taking part in it, and a person receiving any part of the
payment, are jointly and severally liable to the state for the
amount paid or received. If an employee knowingly incurs an
obligation or authorizes or makes an expenditure in violation of
this chapter or takes part in the violation, the violation is
just cause for the employee's removal by the appointing
authority or by the governor if an appointing authority other
than the governor fails to do so. In the latter case, the
governor shall give notice of the violation and an opportunity
to be heard on it to the employee and to the appointing
authority. A claim presented against an appropriation without
prior allotment or encumbrance may be made valid on
investigation, review, and approval by the commissioner agency
head in accordance with the commissioner's policy, if the
services, materials, or supplies to be paid for were actually
furnished in good faith without collusion and without intent to
defraud. The commissioner may then draw a warrant to pay the
claim just as properly allotted and encumbered claims are paid.
(b) The commissioner may approve payment for materials and
supplies in excess of the obligation amount when increases are
authorized by section 16B.07, subdivision 2.
(c) To minimize potential construction delay claims, an
agency with a project funded by a building appropriation may
allow a contractor to proceed with supplemental work within the
limits of the appropriation before money is encumbered. Under
this circumstance, the agency may requisition funds and allow
contractors to expeditiously proceed with a construction
sequence. While the contractor is proceeding, the agency shall
immediately act to encumber the required funds.
Sec. 20. Minnesota Statutes 1996, section 16A.642,
subdivision 1, is amended to read:
Subdivision 1. [REPORTS.] (a) The commissioner of finance
shall report to the chairs of the senate committee on finance
and the house of representatives committees on ways and means
and on capital investment by February 1 of each even-numbered
odd-numbered year on the following:
(1) all state building projects for which bonds have been
authorized and issued by a law enacted more than seven years
before February 1 of that even-numbered year and of which 20
percent or less of a project's authorization has been encumbered
or otherwise obligated for the purpose stated in the law
authorizing the issue; and
(2) all state bonds authorized and issued for purposes
other than building projects reported under clause (1), by a law
enacted more than seven years before February 1 of that
even-numbered year, and the amount of any balance that is
unencumbered or otherwise not obligated for the purpose stated
in the law authorizing the issue.
(1) all laws authorizing the issuance of state bonds for
state or local government building projects enacted more than
five years before February 1 of that odd-numbered year; the
projects authorized to be acquired and constructed with the bond
proceeds for which less than 100 percent of the authorized total
cost has been expended, encumbered, or otherwise obligated; the
cost of contracts to be let in accordance with existing plans
and specifications shall be considered expended for this report;
and the amount of bonds not issued and bond proceeds held but
not previously expended, encumbered, or otherwise obligated for
these projects; and
(2) all laws authorizing the issuance of state bonds for
state or local government programs or projects other than those
described in clause (1), enacted more than five years before
February 1 of that odd-numbered year; and the amount of bonds
not issued and bond proceeds held but not previously expended,
encumbered, or otherwise obligated for these programs and
projects.
(b) The commissioner shall also report on bond
authorizations or bond proceed balances that may be canceled
because projects have been canceled, completed, or otherwise
concluded, or because the purposes for which the bonds were
authorized or issued have been canceled, completed, or otherwise
concluded. The bond authorizations or bond proceed balances
that are unencumbered or otherwise not obligated that are
reported by the commissioner under this subdivision are
canceled, effective July 1 of the year of the report, unless
specifically reauthorized by act of the legislature.
Sec. 21. Minnesota Statutes 1996, section 16A.642, is
amended by adding a subdivision to read:
Subd. 3. [APPLICATION OF UNUSED BOND PROCEEDS.] All
canceled bond proceeds shall be transferred to the state bond
fund and used to pay or redeem bonds from which they were
derived.
Sec. 22. Minnesota Statutes 1996, section 16B.20,
subdivision 2, is amended to read:
Subd. 2. [ADVISORY COUNCIL.] A small business and targeted
group procurement advisory council is created. The council
consists of 13 members appointed by the commissioner of
administration. A chair of the advisory council shall be
elected from among the members. The appointments are subject to
the appointments program provided by section 15.0597. The
terms, compensation, and removal of members are as provided in
section 15.059. Notwithstanding section 15.059, the council
does not expire until June 30, 1998.
Sec. 23. Minnesota Statutes 1996, section 16B.24,
subdivision 5, is amended to read:
Subd. 5. [RENTING OUT STATE PROPERTY.] (a) [AUTHORITY.]
The commissioner may rent out state property, real or personal,
that is not needed for public use, if the rental is not
otherwise provided for or prohibited by law. The property may
not be rented out for more than five years at a time without the
approval of the state executive council and may never be rented
out for more than 25 years. A rental agreement may provide that
the state will reimburse a tenant for a portion of capital
improvements that the tenant makes to state real property if the
state does not permit the tenant to renew the lease at the end
of the rental agreement.
(b) [RESTRICTIONS.] Paragraph (a) does not apply to state
trust fund lands, other state lands under the jurisdiction of
the department of natural resources, lands forfeited for
delinquent taxes, lands acquired under section 298.22, or lands
acquired under section 41.56 which are under the jurisdiction of
the department of agriculture.
(c) [FORT SNELLING CHAPEL; RENTAL.] The Fort Snelling
Chapel, located within the boundaries of Fort Snelling State
Park, is available for use only on payment of a rental fee. The
commissioner shall establish rental fees for both public and
private use. The rental fee for private use by an organization
or individual must reflect the reasonable value of equivalent
rental space. Rental fees collected under this section must be
deposited in the general fund.
(d) [RENTAL OF LIVING ACCOMMODATIONS.] The commissioner
shall establish rental rates for all living accommodations
provided by the state for its employees. Money collected as
rent by state agencies pursuant to this paragraph must be
deposited in the state treasury and credited to the general fund.
(e) [LEASE OF SPACE IN CERTAIN STATE BUILDINGS TO STATE
AGENCIES.] The commissioner may lease portions of the
state-owned buildings in the capitol complex, the capitol square
building, the health building, the Duluth government center, and
the building at 1246 University Avenue, St. Paul, Minnesota, to
state agencies and the court administrator on behalf of the
judicial branch of state government and charge rent on the basis
of space occupied. Notwithstanding any law to the contrary, all
money collected as rent pursuant to the terms of this section
shall be deposited in the state treasury. Money collected as
rent to recover the depreciation and bond interest costs of a
building funded from the state bond proceeds fund shall be
credited to the general fund. Money collected as rent to
recover capital expenditures from capital asset preservation and
replacement appropriations and statewide building access
appropriations shall be credited to a segregated account in a
special revenue fund. Money in the account is appropriated to
the commissioner to be expended for asset preservation projects
as determined by the commissioner. Money collected as rent to
recover the depreciation cost and interest costs of a building
built with other state dedicated funds shall be credited to the
dedicated fund which funded the original acquisition or
construction. All other money received shall be credited to the
general services revolving fund.
Sec. 24. [16B.275] [CAPITOL AREA CAFETERIAS.]
In entering into contracts for operation of cafeterias in
the capitol complex, the commissioner must attempt to ensure the
department does not receive revenues in excess of those needed
to operate and maintain the cafeteria space.
Sec. 25. Minnesota Statutes 1996, section 16B.35, is
amended by adding a subdivision to read:
Subd. 5. [CONTRACTOR'S BOND NOT REQUIRED.] Sections 574.26
to 574.32 do not apply to this section.
Sec. 26. Minnesota Statutes 1996, section 16B.70,
subdivision 2, is amended to read:
Subd. 2. [COLLECTION AND REPORTS.] All permit surcharges
must be collected by each municipality and a portion of them
remitted to the state. Each municipality having a population
greater than 20,000 people shall prepare and submit to the
commissioner once a month a report of fees and surcharges on
fees collected during the previous month but shall retain the
greater of two percent or that amount collected up to $25 to
apply against the administrative expenses the municipality
incurs in collecting the surcharges. All other municipalities
shall submit the report and surcharges on fees once a quarter
but shall retain the greater of four percent or that amount
collected up to $25 to apply against the administrative expenses
the municipalities incur in collecting the surcharges. The
report, which must be in a form prescribed by the commissioner,
must be submitted together with a remittance covering the
surcharges collected by the 15th day following the month or
quarter in which the surcharges are collected. All money
collected by the commissioner through surcharges and other fees
prescribed by sections 16B.59 to 16B.75, which are payable to
the state, must be paid shall be deposited in the state
government special revenue fund and is appropriated to the
commissioner who shall deposit them in the state treasury for
credit to a special revenue fund for the purpose of
administering and enforcing the state building code under
sections 16B.59 to 16B.75.
Sec. 27. [16B.93] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] For purposes of sections
16B.93 to 16B.96, the terms in this section have the meanings
given them.
Subd. 2. [CONTRACTOR.] "Contractor" means an individual,
business entity, or other private organization that is awarded a
contract by the commissioner to negotiate and administer the
price contracts for prescription drugs under section 16B.94,
subdivision 2.
Subd. 3. [NONGOVERNMENTAL PHARMACEUTICAL CONTRACTING
ALLIANCE OR NONGOVERNMENTAL ALLIANCE.] "Nongovernmental
pharmaceutical contracting alliance" or "nongovernmental
alliance" means the alliance established and administered by the
commissioner under the authority granted in section 16B.94.
Subd. 4. [MANUFACTURER.] "Manufacturer" means a
manufacturer as defined under section 151.44, paragraph (c).
Subd. 5. [PRESCRIPTION DRUG.] "Prescription drug" means a
drug as defined in section 151.44, paragraph (d).
Subd. 6. [PURCHASER.] "Purchaser" means a pharmacy as
defined in section 151.01, subdivision 2, including pharmacies
operated by health maintenance organizations and hospitals.
Subd. 7. [SELLER.] "Seller" means a person, other than a
manufacturer, who sells or distributes drugs to purchasers or
other sellers within the state.
Sec. 28. [16B.94] [NONGOVERNMENTAL PHARMACEUTICAL
CONTRACTING ALLIANCE.]
Subdivision 1. [ESTABLISHMENT AND ADMINISTRATION.] The
commissioner, in consultation with appropriate experts on
pharmaceutical pricing, shall establish and administer a
nongovernmental pharmaceutical contracting alliance. The
nongovernmental alliance shall negotiate contracts for
prescription drugs with manufacturers and sellers and shall make
the contract prices negotiated available to purchasers. The
commissioner shall select the prescription drugs for which price
contracts are negotiated. The commissioner shall, to the
greatest extent feasible, operate the alliance using the
administrative and contracting procedures of the Minnesota
multistate governmental contracting alliance for pharmaceuticals
administered by the commissioner under the authority granted in
section 471.59. The commissioner may negotiate a price
differential based on volume purchasing and may also grant
multiple awards.
Subd. 2. [USE OF CONTRACTOR.] The commissioner may
contract with an individual, business entity, or other private
organization to serve as a contractor to negotiate and
administer the price contracts for prescription drugs. In
developing requirements for the contractor, the commissioner
shall consult with appropriate experts on pharmaceutical pricing.
Subd. 3. [ADMINISTRATIVE COSTS.] The commissioner may
charge manufacturers and sellers that enter into prescription
drug price contracts with the commissioner under subdivision 1 a
fee to cover the commissioner's expenses in negotiating and
administering the price contracts. The fee established shall
have the force and effect of law if the requirements of section
14.386, paragraph (a), are met. Section 14.386, paragraph (b),
does not apply. Fees collected by the commissioner under this
subdivision must be deposited in the state treasury and credited
to a special account. Money in the account is appropriated to
the commissioner to pay the costs of negotiating and
administering price contracts under this section.
Subd. 4. [EXPANSION TO OTHER STATES.] The commissioner may
expand the nongovernmental alliance to other states and make the
contract prices negotiated available to non-Minnesota purchasers.
Sec. 29. [16B.95] [STATE CONTRACT PRICE.]
Subdivision 1. [MANUFACTURER AND SELLER REQUIREMENT.] A
manufacturer or seller that contracts with the commissioner
shall make the contract price negotiated available to all
purchasers.
Subd. 2. [PURCHASER REQUIREMENT.] The commissioner shall
require purchasers that purchase prescription drugs at the
contract price to pass at least 75 percent of the savings
resulting from purchases at the negotiated contract price to
consumers. The commissioner may require a purchaser that plans
to purchase prescription drugs at the contract price negotiated
by the commissioner to submit any information regarding
prescription drug purchase projections the commissioner
determines is necessary for contract price negotiations.
Sec. 30. [16B.96] [NONDISCRIMINATION.]
A health plan company, as defined in section 62Q.01, shall
not discriminate against a purchaser for taking advantage of the
contract price negotiated by the commissioner.
Sec. 31. [43A.046] [STAFF REDUCTIONS.]
In order to maximize delivery of services to the public, if
layoffs of state employees are necessary, each agency with more
than 50 full-time equivalent employees must reduce at least the
same percentage of management and supervisory personnel as line
and support personnel.
Sec. 32. [43A.047] [CONTRACTED SERVICES.]
(a) Executive agencies, including the Minnesota state
colleges and universities system, must demonstrate that they
cannot use available staff before hiring outside consultants or
services. If use of consultants is necessary, agencies are
encouraged to negotiate contracts that will involve permanent
staff, so as to upgrade and maximize training of state employees.
(b) If agencies reduce operating budgets, agencies must
give priority to reducing spending on professional and technical
service contracts before laying off permanent employees.
(c) Agencies must report to senate finance and house ways
and means committees by August 1 each year on implementation of
this section during the previous fiscal year. The reports must
include amounts spent on professional and technical service
contracts during the previous fiscal year.
Sec. 33. Minnesota Statutes 1996, section 43A.17,
subdivision 4, is amended to read:
Subd. 4. [MEDICAL SPECIALISTS.] (a) The commissioner may
without regard to subdivision 1 establish special salary rates
and plans of compensation designed to attract and retain
exceptionally qualified doctors of medicine. These rates and
plans shall be included in the commissioner's plan. In
establishing salary rates and eligibility for nomination for
payment at special rates, the commissioner shall consider the
standards of eligibility established by national medical
specialty boards where appropriate. The incumbents assigned to
these special ranges shall be excluded from the collective
bargaining process.
(b) The commissioner may without regard to subdivision 1,
but subject to collective bargaining agreements or compensation
plans, establish special salary rates designed to attract and
retain exceptionally qualified information systems staff.
Sec. 34. Minnesota Statutes 1996, section 43A.38,
subdivision 4, is amended to read:
Subd. 4. [USE OF STATE PROPERTY.] (a) An employee shall
not use or allow the use of state time, supplies or state-owned
or leased property and equipment for the employee's private
interests or any other use not in the interest of the state,
except as provided by law.
(b) An employee may use state time, property, or equipment
to communicate electronically with other persons including, but
not limited to, elected officials, the employer, or an exclusive
bargaining representative under chapter 179A, provided this use,
including the value of the time spent, results in no incremental
cost to the state or results in an incremental cost that is so
small as to make accounting for it unreasonable or
administratively impracticable.
(c) The commissioners of administration and employee
relations shall issue a statewide policy on the use of
electronic mail and other forms of electronic communications by
executive branch state employees. The policy is not subject to
the provisions of chapter 14 or 179A. Appointing authorities in
the legislative and judicial branches shall issue policies on
these issues for their employees. The policies shall permit
state employees to make reasonable use of state time, property,
and equipment for personal communications and shall address
issues of privacy, content of communications, and the definition
of reasonable use as well as other issues the commissioners and
appointing authorities identify as necessary and relevant.
Sec. 35. [62J.685] [PRESCRIPTION DRUG PRICE DISCLOSURE.]
By January 1, 1998, and annually thereafter, a health plan
company or hospital licensed under chapter 144 must submit to
the attorney general the total amount of: (1) aggregate
purchases of prescription drugs, and (2) discount, rebate or
other payment received during the previous calendar year for
aggregate purchases of prescription drugs, including any fee
associated with education, data collection, research, training
or market share movement received from a manufacturer as defined
under section 151.44, paragraph (c), or wholesale drug
distributor as defined under section 151.44, paragraph (d). The
identification of individual manufacturers or wholesalers or
specific drugs is not required. The attorney general shall make
this information available to the public through the information
clearinghouse under section 62J.2930.
Sec. 36. Minnesota Statutes 1996, section 116P.05,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP.] (a) A legislative commission
on Minnesota resources of 16 20 members is created, consisting
of the chairs of the house and senate committees on environment
and natural resources or designees appointed for the terms of
the chairs, the chairs of the house and senate committees on
environment and natural resources finance or designees appointed
for the terms of the chairs, the chairs of the house ways and
means and senate finance committees or designees appointed for
the terms of the chairs, six seven members of the senate
appointed by the subcommittee on committees of the committee on
rules and administration, and six seven members of the house
appointed by the speaker.
At least two three members from the senate and two three
members from the house must be from the minority caucus.
Members are entitled to reimbursement for per diem expenses plus
travel expenses incurred in the services of the commission.
(b) Members shall appoint a chair who shall preside and
convene meetings as often as necessary to conduct duties
prescribed by this chapter.
(c) Members shall serve on the commission until their
successors are appointed.
(d) Vacancies occurring on the commission shall not affect
the authority of the remaining members of the commission to
carry out their duties, and vacancies shall be filled in the
same manner under paragraph (a).
Sec. 37. Minnesota Statutes 1996, section 138.31, is
amended by adding a subdivision to read:
Subd. 14. "Qualified professional archaeologist" means an
archaeologist who meets the United States Secretary of the
Interior's professional qualification standards in Code of
Federal Regulations, title 36, part 61, appendix A, or
subsequent revisions.
Sec. 38. Minnesota Statutes 1996, section 138.35, is
amended to read:
138.35 [STATE ARCHAEOLOGIST.]
Subdivision 1. [APPOINTMENT.] The state archaeologist
shall be a qualified professional archaeologist who meets the
United States Secretary of the Interior's professional
qualification standards in Code of Federal Regulations, title
36, part 61, appendix A. The state archaeologist shall be paid
a salary in the range of salaries paid to comparable state
employees in the classified service. The state archaeologist
may not be employed by the Minnesota historical society. The
state archaeologist shall be appointed by the board executive
council of the Minnesota historical society in consultation with
the Indian affairs council for a four-year term. to perform the
duties in sections 138.31 to 138.42. The position is in the
unclassified service in the executive branch and is subject to
chapter 43A but not chapter 179A. The compensation and terms
and conditions of employment are as provided by section 43A.18,
subdivision 3. The state archaeologist's salary shall be
established by the commissioner of employee relations within a
range established by the commissioner of employee relations.
Subd. 1a. [ADMINISTRATIVE SUPPORT; STAFF.] The
commissioner of administration shall provide the state
archaeologist with necessary administrative services. State
agencies shall provide the state archaeologist upon request with
advisory staff services on matters relating to the duties and
jurisdiction of the state archaeologist. The state
archaeologist shall hire staff and maintain offices as necessary
to perform the duties in sections 138.31 to 138.42. Staff shall
serve in the unclassified service and be governed by section
43A.18, subdivision 2.
Subd. 1b. [CONTRACTS; VOLUNTEERS; GRANTS AND GIFTS.] The
state archaeologist may contract with the federal government,
local governmental units, other states, the university and other
educational institutions, and private persons or organizations
as necessary in the performance of the duties in sections 138.31
to 138.42. Contracts made under this section for professional
services shall not be subject to chapter 16B, as it relates to
competitive bidding. The state archaeologist may recruit,
train, and accept, without regard to personnel laws or rules,
the services of individuals as volunteers for or in aid of
performance of the state archaeologist's duties, and may provide
for the incidental expenses of volunteers, such as
transportation, lodging, and subsistence. The state
archaeologist may apply for, receive, and expend grants and
gifts of money consistent with the powers and duties in sections
138.31 to 138.42. Any money so received is appropriated for the
purpose for which it was granted.
Subd. 2. [DUTIES OF STATE ARCHAEOLOGIST.] The duties of
the state archaeologist shall include the following:
(a) to sponsor, engage in, and direct fundamental research
into the archaeology of this state and to encourage and
coordinate archaeological research and investigation undertaken
within the state.;
(b) to cooperate with other agencies of the state which may
have authority in areas where state sites are located, or which
may have the responsibility for marking state sites, or
arranging for their being viewed by the public.;
(c) to protect to the extent possible and to encourage the
preservation of archaeological sites located on privately owned
property.;
(d) to retrieve and protect objects of archaeological
significance discovered by field archaeology on state sites or
discovered during the course of any public construction or
demolition work, and, to the extent possible, those discovered
during the course of any other construction or demolition work.;
(e) to obtain for the state other objects of archaeological
significance, and data relating thereto.;
(f) to cooperate with the historical society, the
university, and other custodians to preserve objects of
archaeological significance, together with the data relating
thereto.;
(g) to disseminate archaeological facts through the
publication of reports of archaeological research conducted
within the state.;
(h) to approve licensing of qualified persons professional
archaeologists to engage in field archaeology on state sites, as
provided in section 138.36,; and
(i) to otherwise carry out and enforce sections 138.31 to
138.42.
Subd. 3. [EMPLOYMENT OF PERSONNEL.] The state
archaeologist may employ personnel to assist in carrying out the
state archaeologist's duties and may spend state appropriations
to compensate such personnel.
Sec. 39. Minnesota Statutes 1996, section 138.91, is
amended by adding a subdivision to read:
Subd. 4. [SALARY SUPPLEMENT.] The Minnesota humanities
commission is eligible for a salary supplement in the same
manner as state agencies. The commissioner of finance shall
determine the amount of the salary supplement based on available
appropriations. Employees of the commission shall be paid in
accordance with the appropriate pay plan.
Sec. 40. Minnesota Statutes 1996, section 151.21, is
amended by adding a subdivision to read:
Subd. 4a. A pharmacy must post a sign in a conspicuous
location and in a typeface easily seen at the counter where
prescriptions are dispensed stating: "In order to save you
money, this pharmacy will substitute whenever possible an
FDA-approved, less expensive, generic drug product, which is
therapeutically equivalent to and safely interchangeable with
the one prescribed by your doctor, unless you object to this
substitution.
Sec. 41. Minnesota Statutes 1996, section 176.611, is
amended by adding a subdivision to read:
Subd. 2a. [SETTLEMENT AND CONTINGENCY RESERVE ACCOUNT.] To
reduce long-term costs, minimize impairment to agency operations
and budgets, and distribute risk of one-time catastrophic
claims, the commissioner of employee relations shall maintain a
separate account within the state compensation revolving fund.
The account shall be used to pay for lump-sum or annuitized
settlements, structured claim settlements, and one-time large,
legal, catastrophic medical, indemnity, or other irregular claim
costs that might otherwise pose a significant burden for
agencies. The commissioner of employee relations, with the
approval of the commissioner of finance, may establish criteria
and procedures for payment from the account on an agency's
behalf. The commissioner of employee relations may assess
agencies on a reimbursement or premium basis from time-to-time
to ensure adequate account reserves. The account consists of
appropriations from the general fund, receipts from billings to
agencies, and credited investment gains or losses attributable
to balances in the account. The state board of investment shall
invest the assets of the account according to section 11A.24.
Sec. 42. [197.79] [VETERANS' BONUS PROGRAM.]
Subdivision 1. [DEFINITIONS.] For purposes of this
section, the following terms have the meanings given them.
(a) "Applicant" means a veteran or a veteran's guardian,
conservator, or personal representative or a beneficiary or a
beneficiary's guardian, conservator, or personal representative
who has filed an application with the commissioner for a bonus
under this section.
(b) "Application" means a request for a bonus payment by a
veteran, a veteran's beneficiary, or a veteran's guardian,
conservator, or personal representative through submission of
written information on a form designed by the commissioner for
this purpose.
(c) "Beneficiary" means in relation to a deceased veteran
and in the order named:
(1) the surviving spouse, if not remarried;
(2) the children of the veteran, if there is no surviving
spouse or the surviving spouse has remarried;
(3) the veteran's surviving parent or parents;
(4) the veteran's surviving sibling or siblings; or
(5) the veteran's estate.
(d) "Commissioner" means the commissioner of the department
of veterans affairs.
(e) "Department" means the department of veterans affairs.
(f) "Eligibility period for the bonus" means the period
from August 2, 1990, to July 31, 1991.
(g) "Guardian" or "conservator" means the legally appointed
representative of a minor beneficiary or incompetent veteran,
the chief officer of a hospital or institution in which the
incompetent veteran is placed if the officer is authorized to
accept money for the benefit of the minor or incompetent, the
person determined by the commissioner to be the person who is
legally charged with the responsibility for the care of the
minor beneficiary or incompetent veteran, or the person
determined by the commissioner to be the person who has assumed
the responsibility for the care of the minor beneficiary or
incompetent veteran.
(h) "Honorable service" means honorable service in the
United States armed forces, as evidenced by:
(1) an honorable discharge;
(2) a general discharge under honorable conditions;
(3) in the case of an officer, a certificate of honorable
service; or
(4) in the case of an applicant who is currently serving in
active duty in the United States armed forces, a certificate
from an appropriate service authority that the applicant's
service to date has been honorable.
(i) "Resident veteran" means a veteran who served in active
duty in the United States armed forces at any time during the
eligibility period for the bonus, and who also:
(1) has been separated or discharged from the United States
armed forces, and whose home of record at the time of entry into
active duty in the United States armed forces, as indicated on
the person's form DD-214, is the state of Minnesota; or
(2) is currently serving in the United States armed forces,
and has a certificate from an appropriate service authority
stating that the person: (i) served in active duty in the
United States armed forces at any time during the eligibility
period for the bonus; and (ii) had Minnesota as the home of
record at the time of entry into active duty in the United
States armed forces.
(j) "Service connected" means caused by an injury or
disease incurred or aggravated while on active duty, as
determined by the United States department of veterans affairs.
(k) "Veteran" has the meaning given in section 197.447, and
also includes:
(1) a person who is providing honorable service on active
duty in the United States armed forces and has not been
separated or discharged; or
(2) a member of a reserve component of the armed forces of
the United States, including the national guard, who was ordered
to active duty under United States Code, title 10, section 673b,
during the eligibility period for the bonus and who was deployed
to a duty station outside the state of Minnesota, as verified by
the appropriate service authority. An applicant's DD-214 form
showing award of the Southwest Asia service medal during the
eligibility period for the bonus will suffice as verification.
"Veteran" does not include a member of the national guard
or the reserve components of the United States armed forces
ordered to active duty for the sole purpose of training.
Subd. 2. [BONUS AMOUNT.] (a) For a resident veteran who
provided honorable service in the United States armed forces at
any time during the eligibility period for the bonus, the bonus
amount is:
(1) $300, if the veteran did not receive the Southwest Asia
service medal during the eligibility period for the bonus;
(2) $600, if the veteran received the Southwest Asia
service medal during the eligibility period for the bonus; or
(3) $2,000, if the veteran was eligible for the Southwest
Asia service medal during the eligibility period for the bonus,
and died during that time period as a direct result of a service
connected injury, disease, or condition.
(b) In the case of a deceased veteran, the commissioner
shall pay the bonus to the veteran's beneficiary.
(c) No payment may be made to a veteran or beneficiary who
has received a similar bonus payment from another state.
Subd. 3. [APPLICATION PROCESS.] A veteran, or the
beneficiary of a veteran, entitled to a bonus may make
application for a bonus to the department on a form prescribed
by the commissioner and verified by the applicant. If the
veteran is incompetent or the veteran's beneficiary is a minor
or incompetent, the application must be made by the person's
guardian or conservator. An application must be accompanied by
evidence of residency, honorable service, active duty service
during the eligibility period for the bonus, and any other
information the commissioner requires. The applicant must
indicate on the application form the bonus amount for which the
applicant expects to be eligible.
If the information provided in the application is
incomplete, the department must notify the applicant in writing
of that fact and must identify the items of information needed
to make a determination. After notifying an applicant that the
person's application is incomplete, the department shall hold
the application open while awaiting further information from the
applicant, and the applicant may submit that information without
filing an appeal and request for review.
Subd. 4. [BONUS DETERMINATION, APPEAL PROCESS, AND
PAYMENT.] (a) Except as provided in paragraphs (b) to (d), the
commissioner may not make a bonus payment to any applicant.
(b) Upon submission of proof to the department that an
applicant is entitled to payment under this section, the
department shall determine the amount of the bonus for which the
applicant is eligible. If the department's determination of the
bonus amount is in agreement with, or is greater than, the
amount requested by the applicant in the application, the
commissioner shall pay to the applicant the bonus amount, as
determined by the department.
(c) If the department determines that the bonus amount for
an applicant is less than the amount requested in the
application, the department shall notify the applicant in
writing of its determination, and include with that notification
a form that the applicant may use to accept the department's
determination and thereby waive the right to review of that
determination. A filing by the applicant of the acceptance and
waiver form with the department constitutes a waiver by the
applicant of the right to review. Upon receipt of such
acceptance and waiver from the applicant, the department shall
pay to the applicant the bonus amount, as determined by the
department. Unless an appeal is filed with the commissioner by
an applicant in accordance with paragraph (d), all orders,
decisions, and acts of the department with reference to the
claim of the applicant are final and conclusive upon the
applicant.
(d) Upon notification that the department's determination
of the bonus amount is less than the bonus amount requested by
the applicant in the application, the applicant may appeal the
department's determination and request a review by the
commissioner. The appeal and request for review must be made in
writing within 60 days of the department's mailing of its
determination. Following receipt by the department of an
applicant's appeal and request for review by the commissioner,
no payment shall be made by the department to the applicant
until the review has been completed. For such review, the
applicant may submit additional information to supplement the
information provided in the application, and may request that
the review be conducted either: (1) through written
correspondence; or (2) in person with the commissioner. The
commissioner shall act upon an appeal and request for review
within seven working days of its receipt by the department.
Following review by the commissioner of the application and any
additional information submitted or presented by the applicant,
the commissioner's determination is final. Any expenses
incurred by the applicant as the result of the applicant's
appeal and request for review are the obligation of the
applicant.
Subd. 5. [NOTICES.] Notices and correspondence to an
applicant must be directed to the applicant by mail at the
address listed in the application. Notices and correspondence
to the commissioner must be addressed to the commissioner's
office in St. Paul.
Subd. 6. [POWERS AND DUTIES OF THE COMMISSIONER.] (a) The
commissioner shall determine who is the beneficiary of a
deceased veteran and determine who is the person who has assumed
the responsibility for the care of any minor or incompetent.
(b) The commissioner may employ persons and may incur other
expenses necessary to administer this section.
Subd. 7. [TAX EXEMPT GIFTS.] The bonus payments provided
for by this section are gifts or gratuities given as a token of
appreciation to eligible veterans and are not compensation for
services rendered. The payments are exempt from state taxation.
Subd. 8. [NONASSIGNABLE; EXCEPTED FROM PROCESS.] A claim
for payment under this section is not assignable or subject to
garnishment, attachment, or levy of execution.
Subd. 9. [PENALTIES.] A person who knowingly makes a false
statement relating to a material fact in support of a claim for
a bonus under this section is guilty of a misdemeanor.
Subd. 10. [DEADLINE FOR APPLICATIONS.] The application
period for the bonus program established in this section shall
be November 1, 1997, to June 30, 1999. The department may not
receive or accept new applications after June 30, 1999.
Sec. 43. Minnesota Statutes 1996, section 327.33,
subdivision 2, is amended to read:
Subd. 2. [FEES.] The commissioner shall by rule establish
reasonable fees for seals, installation seals and inspections
which are sufficient to cover all costs incurred in the
administration of sections 327.31 to 327.35. The commissioner
shall also establish by rule a monitoring inspection fee in an
amount that will comply with the secretary's fee distribution
program. This monitoring inspection fee shall be an amount paid
by the manufacturer for each manufactured home produced in
Minnesota. The monitoring inspection fee shall be paid by the
manufacturer to the secretary. The rules of the fee
distribution program require the secretary to distribute the
fees collected from all manufactured home manufacturers among
states approved and conditionally approved based on the number
of new manufactured homes whose first location after leaving the
manufacturer is on the premises of a distributor, dealer or
purchaser in that state. All fees received money collected by
the commissioner shall be deposited in the state treasury and
credited to the general fund through fees prescribed by sections
327.31 to 327.36 shall be deposited in the state government
special revenue fund and is appropriated to the commissioner for
the purpose of administering and enforcing the manufactured home
building code under sections 327.31 to 327.36.
Sec. 44. Minnesota Statutes 1996, section 327B.04,
subdivision 7, is amended to read:
Subd. 7. [FEES; LICENSES; WHEN GRANTED.] Each application
for a license or license renewal must be accompanied by a fee in
an amount established by the commissioner by rule pursuant to
section 327B.10, which shall be paid into the state treasury and
credited to the general fund. The fees shall be set in an
amount which over the fiscal biennium will produce revenues
approximately equal to the expenses which the commissioner
expects to incur during that fiscal biennium while administering
and enforcing sections 327B.01 to 327B.12. All money collected
by the commissioner through fees prescribed in sections 327B.01
to 327B.12 shall be deposited in the state government special
revenue fund and is appropriated to the commissioner for
purposes of administering and enforcing the provisions of this
chapter. The commissioner shall grant or deny a license
application or a renewal application within 60 days of its
filing. If the license is granted, the commissioner shall
license the applicant as a dealer or manufacturer for the
remainder of the calendar year. Upon application by the
licensee, the commissioner shall renew the license for a two
year period, if:
(a) the renewal application satisfies the requirements of
subdivisions 3 and 4;
(b) the renewal applicant has made all listings,
registrations, notices and reports required by the commissioner
during the preceding year; and
(c) the renewal applicant has paid all fees owed pursuant
to sections 327B.01 to 327B.12 and all taxes, arrearages, and
penalties owed to the state.
Sec. 45. Minnesota Statutes 1996, section 349.163,
subdivision 4, is amended to read:
Subd. 4. [INSPECTION OF MANUFACTURERS.] Employees of the
board and the division of gambling enforcement may inspect the
books, records, inventory, and business premises of a licensed
manufacturer without notice during the normal business hours of
the manufacturer. The board may charge a manufacturer for the
actual cost of conducting scheduled or unscheduled inspections
of the manufacturer's facilities, where the amount charged to
the manufacturer for such inspections in any year does not
exceed $7,500. The board shall deposit in a separate account in
the state treasury all money received as reimbursement for the
costs of inspections. Until July 1, 1999, money in the account
is appropriated to the board to pay the costs of the inspections.
Sec. 46. Minnesota Statutes 1996, section 356.865,
subdivision 3, is amended to read:
Subd. 3. [COST STATE APPROPRIATION.] The cost of the
payments made under this section is the responsibility of the
state. Payments under this section are the responsibility of
the Minneapolis employees retirement fund. A separate state aid
is provided toward the level dollar amortized cost of the
payments. For state fiscal years 1992 to 2001 inclusive, there
is appropriated annually $550,000 from the general fund to the
commissioner of finance to be added, in quarterly installments,
to the annual state contribution amount determined under section
422A.101, subdivision 3. After fiscal year 2001, any difference
between the cumulative benefit amounts actually paid under this
section after fiscal year 1991 and the amounts paid to the
retirement fund by the state under this subdivision plus
investment earnings on the aid shall be included by the
retirement fund board and the actuary retained by the
legislative commission on pensions and retirement in determining
financial requirements of the fund and contributions under
section 422A.101.
Sec. 47. Minnesota Statutes 1996, section 363.073,
subdivision 1, is amended to read:
Subdivision 1. [SCOPE OF APPLICATION.] No department or
agency of the state shall accept any bid or proposal for a
contract or agreement or execute any contract or agreement for
goods or services in excess of $50,000 with any business having
more than 20 full-time employees, either within or outside this
state, on a single working day during the previous 12 months,
unless the firm or business has an affirmative action plan for
the employment of minority persons, women, and the disabled that
has been approved by the commissioner of human rights. Receipt
of a certificate of compliance issued by the commissioner shall
signify that a firm or business has an affirmative action plan
that has been approved by the commissioner. A certificate shall
be valid for a period of two years. A municipality as defined
in section 466.01, subdivision 1, that receives state money for
any reason is encouraged to prepare and implement an affirmative
action plan for the employment of minority persons, women, and
the disabled and submit the plan to the commissioner of human
rights.
Sec. 48. Minnesota Statutes 1996, section 422A.101,
subdivision 3, is amended to read:
Subd. 3. [STATE CONTRIBUTIONS.] (a) Subject to the
limitation set forth in paragraph (c), the state shall pay to
the Minneapolis employees retirement fund annually an amount
equal to the amount calculated under paragraph (b).
(b) The payment amount is an amount equal to the financial
requirements of the Minneapolis employees retirement fund
reported in the actuarial valuation of the fund prepared by the
commission-retained actuary pursuant to section 356.215 for the
most recent year but based on a target date for full
amortization of the unfunded actuarial accrued liabilities by
June 30, 2020, less the amount of employee contributions
required pursuant to section 422A.10, and the amount of employer
contributions required pursuant to subdivisions 1a, 2, and 2a.
Payments shall be made in four equal installments, occurring on
March 15, July 15, September 15, and November 15 annually.
(c) The annual state contribution under this subdivision
may not exceed $10,455,000 through fiscal year 1998 and
$9,000,000 beginning in fiscal year 1999, plus the cost of the
annual supplemental benefit determined under section 356.865.
(b) (d) If the amount determined under paragraph (a) (b)
exceeds the limitation on the state payment in paragraph
(a) $11,910,000, the excess must be allocated to and paid to the
fund by the employers identified in subdivisions 1a and 2, other
than units of metropolitan government. Each employer's share of
the excess is proportionate to the employer's share of the
fund's unfunded actuarial accrued liability as disclosed in the
annual actuarial valuation prepared by the actuary retained by
the legislative commission on pensions and retirement compared
to the total unfunded actuarial accrued liability attributed to
all employers identified in subdivisions 1a and 2, other than
units of metropolitan government. Payments must be made in
equal installments as set forth in paragraph (a) (b).
Sec. 49. [465.803] [REPAYMENT OF GRANTS.]
Subdivision 1. [REPAYMENT PROCEDURES.] Without regard to
whether a grant recipient offered to repay the grant in its
original application, as part of a grant awarded under section
465.798, 465.799, or 465.801, the board may require the grant
recipient to repay all or part of the grant if the board
determines the project funded by the grant resulted in an actual
savings for the participating local units of government. The
grant agreement must specify how the savings are to be
determined and the period of time over which the savings will be
used to calculate a repayment requirement. The repayment of
grant money under this section may not exceed an amount equal to
the total savings achieved through the implementation of the
project multiplied by the total amount of the grant divided by
the total budget for the project and may not exceed the total
amount of the original grant.
Subd. 2. [BONUS POINTS.] In addition to the points awarded
to competitive grant applications under section 465.802, the
board shall award additional points to any applicant that
projects a potential cost savings through the implementation of
its project and offers to repay the grant money under the
formula in subdivision 1.
Subd. 3. [USE OF REPAYMENT REVENUE.] All grant money
repaid to the board under this section is appropriated to the
board for additional grants authorized by sections 465.798,
465.799, and 465.801.
Sec. 50. Minnesota Statutes 1996, section 475A.06,
subdivision 7, is amended to read:
Subd. 7. [AUTHORITY FOR BONDS; LIMIT; APPROPRIATION
PURPOSE; PROCEDURAL SOURCES.] The commissioner of finance is
authorized to sell and issue Minnesota state municipal aid bonds
in an aggregate principal amount not to exceed
$4,330,000 $1,192,295, the proceeds of which, except as provided
in subdivision 1, are appropriated to the state municipal bond
guaranty fund for the purpose of providing funds to be loaned to
municipalities for the acquisition and betterment of public
lands and buildings and other public improvements of a capital
nature, when needed to pay the principal of or interest on bonds
issued for this purpose or bonds issued to refund such
guaranteed bonds, in accordance with the provisions of sections
475A.01 to 475A.06. The bonds shall be sold, issued, and
secured as provided in subdivisions 1 to 6 and in Article XI,
Section 7 of the Constitution.
Sec. 51. [TEEN COURT PROGRAM.]
Subdivision 1. [DEFINITIONS.] For purposes of this
section, the following terms have the meanings given.
(a) "Minor offense" means:
(1) a juvenile petty offense;
(2) a petty misdemeanor; or
(3) any misdemeanor, other than a misdemeanor-level
violation of Minnesota Statutes, section 588.20 (contempt of
court), 609.224 (fifth degree assault), 609.2242 (domestic
assault), 609.324 (prostitution and related crimes), 609.563
(arson in the third degree), 609.576 (negligent fires, dangerous
smoking), 609.66 (dangerous weapons), or 617.23 (indecent
exposure), a major traffic offense, or an adult traffic offense,
as defined in Minnesota Statutes, section 260.193.
(b) "Teen" means an individual who is at least 10 years old
but less than 18 years old.
(c) "Teen court" and "teen court program" mean an
alternative procedure under which a local law enforcement
agency, county attorney, school, or probation agency may divert
from the juvenile court system a teen who allegedly has
committed a minor offense, on condition that the teen
voluntarily appear before and receive a disposition from a jury
of the teen's peers and successfully complete the terms and
conditions of the disposition. These programs also may be used
by a school as an alternative to formal school disciplinary
proceedings.
Subd. 2. [SUPREME COURT RULES.] The supreme court is
requested to adopt rules and procedures to govern the teen court
program that are consistent with this section.
Subd. 3. [APPLICATION TO ESTABLISH TEEN COURT.] (a) Any
group of two or more adult sponsors may apply to the office of
strategic and long-range planning to establish a teen court.
These sponsors must be affiliated with an agency, entity, or
other organized program or group.
(b) An application to establish a teen court must include:
(1) the names, addresses, and telephone numbers of two or
more adult sponsors and a description of the entity, agency, or
other organized program or group with which the adult sponsors
are affiliated;
(2) the names, addresses, and telephone numbers of all
teens who have signed letters of commitment to participate
voluntarily as teen court members in the teen court program;
(3) a certification from the adult sponsors that adequate
adult sponsorship exists and that there are a sufficient number
of teen volunteers to make the functioning of the teen court
feasible and meaningful; and
(4) a letter of support from the judicial district court
administrator agreeing to help the teen court track the
recidivism rates of teen court participants.
Subd. 4. [REFERRAL TO TEEN COURT PROGRAM.] Once the teen
court program has been established, it may receive referrals for
eligible teens from local law enforcement, county attorneys,
school officials, and probation agencies. The process of
referral is to be established by the individual teen court
program, in coordination with other established teen court
programs in the judicial district.
Subd. 5. [FEE.] The teen court program may require a teen
to pay a nonrefundable fee to cover the costs of administering
the program. This fee must be reduced or waived for a
participant who does not have the ability to pay the fee.
Subd. 6. [TEEN COURT PROGRAM COMPONENTS.] (a) Before a
teen participates in the teen court program, a teen court
sponsor or the referring source must:
(1) contact the victim, if any, of the offense, or make a
good faith attempt to contact the victim, if any, and the victim
must be advised that the victim may participate in the teen
court proceedings; and
(2) at least seven days before the teen participates in the
program, provide to the county attorney of the teen's residence
the teen's name, date of birth, and residential address and a
description of the offense.
(b) Before a teen court disposes of a case, it must
establish a range of dispositional alternatives for offenses
that is appropriate to the teen court's community. These
dispositions may include the following:
(1) community service;
(2) mandatory participation in appropriate counseling,
appropriate treatment, law-related educational classes, or other
educational programs;
(3) a requirement that the teen defendant participate as a
juror in future proceedings before the teen court;
(4) restitution, where appropriate; and
(5) a fine, not to exceed the amount permitted in Minnesota
Statutes, section 260.195. The fine permitted in Minnesota
Statutes, section 260.185, may only be imposed for misdemeanor
level offenses.
The teen court does not have the power to place a teen
outside the home.
(c) Except as provided in paragraph (d), the teen court
program may be used only where:
(1) the teen acknowledges responsibility for the offense;
(2) the teen voluntarily agrees to participate in the teen
court program;
(3) the judge of the teen court is a judge or an attorney
admitted to practice law in this state;
(4) the teen's parent or legal guardian accompanies the
teen in all teen court proceedings;
(5) the county attorney does not notify the teen court
before the teen's participation that the offense will be handled
in juvenile court or in a pretrial diversion program established
under Minnesota Statutes, section 388.24; and
(6) the teen court program has established a training
component for teen and adult volunteers.
(d) When a teen court operates as an alternative to a
school disciplinary policy, the teen's parent or legal guardian
must be notified of the teen's involvement in the program,
according to the school district's disciplinary policy. The
teen's parent or legal guardian does not need to accompany the
teen in teen court proceedings.
(e) The teen court shall notify the referring source as
soon as possible upon discovery that the teen has failed to
comply with any part of the disposition imposed under paragraph
(b). Either juvenile court proceedings or formal school
disciplinary proceedings, where applicable, or both, may be
commenced against a teen who fails to comply with the
disposition under paragraph (b).
Subd. 7. [EVALUATION AND REPORTS.] (a) The results of all
proceedings in teen court must be reported to the office of
strategic and long-range planning on a form provided by that
office. The teen court must submit the report no later than
July 15 for all activity during the first six months of the
calendar year and by January 15 for all activity during the last
six months of the preceding calendar year. A copy of this
report also must be provided to the county attorney of the
county in which the teen court operates. Each report must
include the following:
(1) the number of cases handled by the teen court,
including a breakdown of the number of cases from each referring
agency;
(2) a list of the offenses for which the teen court imposed
a disposition, including a breakdown showing the number of teen
court participants committing each type of offense;
(3) a list of the dispositions imposed by the teen court,
including a breakdown showing the number of times each
particular disposition was imposed; and
(4) information on the cases that were referred back to the
referring agency under subdivision 6, paragraph (e).
(b) Each teen court shall report to the office of strategic
and long-range planning by June 30 each year on its progress in
achieving outcome measures and indicators. This report must
include an analysis of recidivism rates for teen court
participants, based upon a method for measuring these rates as
determined by the office of strategic and long-range planning.
(c) The office of strategic and long-range planning shall
assist teen court programs in developing outcome measures and
indicators. These outcome measures and indicators must be
established before any teen court begins to impose dispositions
and must allow for both evaluation of each teen court program
and for statewide evaluation of the teen court program.
Subd. 8. [ADMINISTRATION.] The office of strategic and
long-range planning has authority to administer funds to teen
court programs that comply with this section and the supreme
court rules adopted under this section. The office of strategic
and long-range planning may receive and administer public and
private funds for the purpose of this section.
Sec. 52. [YOUTH SPORTS PROGRAMS; CRITERIA.]
The Minnesota amateur sports commission shall develop a
plan to promote recreational programs for youth. The proposals
must be for programs for which there is a demonstrated shortage
of access, based on needs of youth. The plan must be based on
the criteria in this section.
(a) The programs must be intended primarily for use for
youth sports in the entire community and not for school athletic
functions.
(b) Programs must emphasize access for low-income youth and
for other youth who would not otherwise have access to the
programs.
(c) Proposals must contain a plan to ensure equitable use
for youth of each gender.
(d) To the extent possible, program grants must be
dispersed equitably, must be located to maximize potential for
full utilization, and must accommodate noncompetitive family and
community use for all ages in addition to use for competitive
youth sports.
(e) To the extent possible, 50 percent of all grants must
be awarded to communities in greater Minnesota.
Sec. 53. [ADVISORY COUNCIL ON ECONOMIC FUTURE.]
(a) The director of the office of strategic and long-range
planning shall convene an advisory council on Minnesota's
economic future to:
(1) agree on a set of strategic goals to guide the state's
development through the year 2010;
(2) develop a set of indicators to measure progress toward
those goals; and
(3) develop a mechanism to renew and update strategies and
goals on an ongoing basis and monitor and report results to the
people of this state.
(b) The advisory council shall consist of 13 members. Ten
legislators shall be appointed as follows: three by the speaker
of the house of representatives, two by the minority leader of
the house of representatives, and five by the subcommittee on
committees of the committee on rules and administration of the
senate, two of whom must be members of the minority party or an
independent. The other three members are the director of
strategic and long-range planning, the commissioner of finance,
and the commissioner of trade and economic development. The
governor may designate other commissioners or agency heads to
serve as nonvoting members. The speaker of the house and the
subcommittee on committees of the senate may appoint additional
legislators to serve as nonvoting members. The advisory council
may consult with knowledgeable persons from the public and
private sectors.
(c) The advisory council shall report its findings and
recommendations to the legislature by February 15, 1998. The
advisory council expires upon submission of its report.
Sec. 54. [ADVISORY COUNCIL ON LOCAL GOVERNMENT.]
Subdivision 1. [ESTABLISHED.] An advisory council on the
roles and responsibilities of local governments is established.
Subd. 2. [DUTIES.] The advisory council shall study and
make recommendations to the legislature by July 1, 1998, on the
appropriate roles and responsibilities of local and regional
government in the metropolitan area, as defined in Minnesota
Statutes, section 473.121, subdivision 2. The advisory council
shall examine:
(1) what services should be provided and what functions
fulfilled by local or regional government;
(2) what level of government is appropriate for the
efficient, effective, and equitable delivery of these services
and functions;
(3) what powers are needed by local and regional government
to deliver the services; and
(4) what governance structures will meet the identified
roles and responsibilities of local and regional government and
be responsive to, understandable by, and accountable to citizens.
The advisory council may consider alternatives to the
existing governance structures in order to fulfill the
requirements of this section.
Subd. 3. [MEMBERSHIP.] The advisory council consists of 25
members, who serve at the pleasure of the appointing authority,
as follows:
(1) four representatives of cities, appointed by the
association of metropolitan municipalities;
(2) two representatives of towns, appointed by the
Minnesota association of townships;
(3) four representatives of counties, appointed by the
association of Minnesota counties;
(4) two representatives of school districts, appointed by
the Minnesota school boards association;
(5) eight legislators; four house members, of whom two are
members of the majority caucus appointed by the speaker of the
house of representatives and two are members of the minority
caucus appointed by the house minority leader; and four senate
members, of whom two are members of the majority caucus and two
are members of the minority caucus, appointed by the
subcommittee on committees of the committee on rules and
administration;
(6) the chair of the metropolitan council, or the chair's
designee; and
(7) four public members, appointed by the governor.
Members must be appointed as soon as practicable after the
effective date of this section.
Subd. 4. [FIRST MEETING; SELECTION OF A CHAIR.] A member
appointed by the association of metropolitan municipalities
shall be selected by the association to convene the first
meeting of the advisory council. At the first meeting, the
advisory council shall select a member to serve as chair.
Subd. 5. [ADMINISTRATIVE; STAFF ASSISTANCE.] The office of
strategic and long-range planning shall provide administrative
and staff assistance to the advisory council.
Subd. 6. [EXPIRATION.] The advisory council established
under subdivision 1 expires June 30, 1999.
Sec. 55. [CORPORATE SUBSIDY REFORM COMMISSION.]
Subdivision 1. [ESTABLISHMENT.] (a) A bipartisan corporate
subsidy reform commission is created.
(b) The commission shall evaluate selected subsidy programs
and tax laws for the following:
(1) public purpose; including jobs, wages, and other
economic development benefits;
(2) criterion for award; and
(3) accountability and enforcement mechanisms used to
facilitate the achievement of the public purpose.
(c) The commission shall examine whether these subsidy
programs or tax laws impede competition or provide preferential
treatment to private enterprises.
Subd. 2. [SCOPE.] The commission shall review subsidy
programs and tax laws including:
(1) tax expenditures and other tax concessions;
(2) direct spending and loans;
(3) public spending that indirectly affects the economic
development of the region; and
(4) regulation of private activity for the purpose of
economic development.
Subd. 3. [REPORT.] The commission shall submit a report to
the legislature by December 15, 1997. Included within the
report, the commission may suggest changes in the public
purpose, criterion for award, administration, accountability and
enforcement mechanisms, and funding of the subsidy programs.
The commission may also suggest changes in the applicable tax
laws.
Subd. 4. [MEMBERSHIP.] The commission consists of 19
members. The speaker of the house shall appoint five members,
including at least two members of the minority caucus. The
senate subcommittee on committees shall appoint five members,
including at least two members of the minority caucus. The
commissioner of trade and economic development and the
commissioner of revenue shall each appoint one member from their
respective departments. These members shall appoint seven
members from the general public, of which at most two members
directly receive some type of public assistance described in
subdivision 2.
Subd. 5. [STAFF ASSISTANCE.] House and senate employees
must staff the commission.
Subd. 6. [NOTIFICATION.] In accordance with Minnesota
Statutes, section 471.705, the public may attend any meeting
held by the commission.
Subd. 7. [EXPIRATION.] The commission established under
subdivision 1 expires July 1, 1998.
Sec. 56. [INFORMATION POLICY TASK FORCE.]
Subdivision 1. [CREATION.] An information policy task
force is created to study and make recommendations regarding
Minnesota law on public information policy, including government
data practices and information technology issues. The task
force consists of:
(1) two members of the senate appointed by the
subcommittees on committees of the committee on rules and
administration;
(2) two members of the house of representatives appointed
by the speaker;
(3) four members appointed by the governor;
(4) two nonlegislative members appointed by the
subcommittee on committees of the committee on rules and
administration of the senate; and
(5) two nonlegislative members appointed by the speaker of
the house of representatives.
At least one member from each legislative body must be a
member of the majority party and at least one member from each
body must be a member of the minority party or an independent.
Subd. 2. [DUTIES; REPORT.] The task force shall study:
(1) the content and organization of government data
practices statutes in Minnesota Statutes, chapter 13, and
related statutes dealing with access to government data, fair
information practices, and privacy;
(2) issues related to surveillance and other forms of
information technology, including the impact of technology on
data practices and privacy;
(3) procedures and structures for developing and
implementing a coherent and coordinated approach to public
information policy;
(4) approaches to information policy in other states and
foreign jurisdictions; and
(5) other information policy issues identified by the task
force.
In its study of statutes under clause (1), the task force
shall include an evaluation to determine whether any statutes
are inconsistent or obsolete.
The task force shall submit a progress report to the
legislature by February 1, 1998, and a final report of its
findings and recommendations, including any proposed
legislation, to the legislature by January 15, 1999.
Subd. 3. [SUPPORT.] The commissioner of administration and
the director of the office of strategic and long-range planning
shall provide staff and other support services to the task force.
Legislative support to the task force must come from existing
resources. The executive director of the Minnesota office of
technology or the executive director's designee shall assist in
the task force's activities.
Subd. 4. [COMPENSATION.] When authorized by the task
force, members of the task force who are not legislators or
full-time employees of the state or a political subdivision
shall be compensated at the rate of $55 a day spent on task
force activities, plus expenses in the same manner and amount as
authorized by the commissioner's plan adopted under Minnesota
Statutes, section 43A.18, subdivision 2, and child care expenses
that would not have been incurred if the member had not attended
the task force meeting. A member who is a full-time employee of
the state or a political subdivision may not receive the daily
payment, but may suffer no loss in compensation or benefits from
the state or the political subdivision as a result of service on
the task force. A member who is a full-time employee of the
state or a political subdivision may receive the expenses
provided for in this subdivision unless the expenses are
reimbursed by another source. A member who is an employee of
the state or a political subdivision may be reimbursed for child
care expenses only for time spent on task force activities that
are outside their normal working hours.
Subd. 5. [EXPIRATION.] The task force expires upon
submission of its final report to the legislature under
subdivision 2.
Sec. 57. [STUDY OF SCHOOL FUND LAND MANAGEMENT.]
If directed by the legislative audit commission, the
legislative auditor shall conduct the studies in this section.
The legislative auditor shall conduct a study to determine
whether the administrative costs expended by the department of
natural resources to manage permanent school fund land reflect
the actual cost of managing the permanent school fund land. The
study shall also encompass investment policies to maximize
returns to the fund. The auditor shall also study whether
another unit of government could manage the permanent school
fund land more cost-efficiently. The auditor shall report to
the permanent school fund advisory committee by January 15, 1998.
Sec. 58. [AGENCY EXAMINATION.]
During the interim between the 1997 and 1998 regular
sessions, the governmental operations budget division of the
senate shall conduct a thorough review of the operation and
financing of the following state agencies: the departments of
administration, finance, and revenue; the board of the arts; and
the Minnesota amateur sports commission. The agencies shall
make their books, records, documents, accounting procedures, and
practices available for examination by the division and division
staff. Agency personnel shall assist the division and division
staff in developing a better understanding of how the agencies
operate.
Sec. 59. [REVIEW OF OBSOLETE RULES AND STUDY OF
OUTCOME-BASED REGULATION.]
The senate committee on governmental operations and
veterans and the house committee on governmental operations, in
cooperation with the affected state agencies, shall review
Minnesota Rules and report to the legislature by January 15,
1998, any rules that the committees find to be obsolete,
unnecessary, or duplicative of other state or federal rules or
statutes. The report must include any necessary legislation the
committees propose to eliminate the rules or correct the
duplication. In addition, the committee should complete a study
on whether to require state agencies to implement outcome-based
regulatory programs whenever feasible.
Sec. 60. [RULE VOID.]
(a) That portion of Minnesota Rules, part 1350.7300,
subpart 2, which requires that commercial office space must be
separated from other areas of the building by floor-to-ceiling
walls is void.
(b) The commissioner of administration shall amend
Minnesota Rules, part 1350.7300, subpart 2, to conform with
paragraph (a). This amendment may be done in the manner
specified in Minnesota Statutes, section 14.388, clause (3), or
may be done the next time the commissioner proposes other
amendments to rules relating to the state building code or
manufactured homes.
Sec. 61. [VOLUNTARY UNPAID LEAVE OF ABSENCE.]
Appointing authorities in state government shall encourage
each employee to take an unpaid leave of absence for up to 160
hours during the period ending June 30, 1999. Each appointing
authority approving such a leave shall allow the employee to
continue accruing vacation and sick leave, be eligible for paid
holidays and insurance benefits, accrue seniority, and accrue
service credit in state retirement plans permitting service
credits for authorized leaves of absence as if the employee had
actually been employed during the time of the leave. If the
leave of absence is for one full pay period or longer, any
holiday pay shall be included in the first payroll warrant after
return from the leave of absence. The appointing authority
shall attempt to grant requests for unpaid leaves of absence
consistent with the need to continue efficient operation of the
agency. However, each appointing authority shall retain
discretion to grant or refuse to grant requests for leaves of
absence and to schedule and cancel leaves, subject to applicable
provisions of collective bargaining agreements and compensation
plans.
Sec. 62. [BOND SALE AUTHORIZATIONS REDUCED.]
The bond sale authorizations in the following laws are
reduced by the amounts indicated:
(1) Laws 1987, chapter 400, section 25, subdivision 1, is
reduced by $295,000.
(2) Laws 1989, chapter 300, article 1, section 23,
subdivision 1, is reduced by $3,335,000.
(3) Laws 1990, chapter 610, article 1, section 30,
subdivision 1, is reduced by $9,280,000.
(4) Laws 1990, chapter 610, article 1, section 30,
subdivision 3, is reduced by $165,000.
(5) Laws 1991, chapter 350, article 1, section 2,
subdivision 1, is reduced by $48,765,000.
(6) Laws 1992, chapter 558, section 28, subdivision 1, is
reduced by $6,590,000.
(7) Laws 1993, chapter 373, section 19, subdivision 1, is
reduced by $10,000.
(8) Laws 1996, chapter 463, section 27, subdivision 1, is
reduced by $37,285,000.
Sec. 63. [INSTRUCTION TO REVISOR.]
In the next editions of Minnesota Statutes and Minnesota
Rules, the revisor of statutes shall change the term "ethical
practices board" to "campaign finance and public disclosure
board" wherever it appears.
Sec. 64. [REPEALER.]
(a) Minnesota Statutes 1996, section 138.35, subdivision 3,
is repealed.
(b) Minnesota Statutes 1996, sections 10A.21; and 16B.58,
subdivision 8, are repealed.
Sec. 65. [EFFECTIVE DATE.]
Sections 1, 12, 14, 16 to 19, 36, 60, and 64, paragraph
(b), are effective the day following final enactment. Section
20 is effective March 1, 1998. Section 51, subdivisions 1 to 3,
are effective the day following final enactment. Section 51,
subdivisions 4 to 8, are effective July 1, 1997.
ARTICLE 3
INFORMATION TECHNOLOGY
Section 1. Minnesota Statutes 1996, section 16B.05,
subdivision 2, is amended to read:
Subd. 2. [FACSIMILE SIGNATURES AND ELECTRONIC APPROVALS.]
When authorized by the commissioner, facsimile signatures and,
electronic approvals, or digital signatures may be used by
personnel of the department of administration in accordance with
the commissioner's delegated authority and instructions,.
Copies of which shall the delegated authority and instructions
must be filed with the commissioner of finance, state treasurer,
and the secretary of state. A facsimile signature or,
electronic approval, or digital signature, when used in
accordance with the commissioner's delegated authority and
instructions, is as effective as an original signature.
Sec. 2. [16B.415] [OPERATION OF INFORMATION SYSTEMS.]
The commissioner, through a division of technology
management, is responsible for ongoing operations of state
agency information technology activities. These include records
management, activities relating to the government data practices
act, operation of MNet, and activities necessary to make state
information systems year 2000 compliant.
Sec. 3. Minnesota Statutes 1996, section 16B.42,
subdivision 1, is amended to read:
Subdivision 1. [COMPOSITION.] The intergovernmental
information systems advisory council is composed of (1) two
members from each of the following groups: counties outside of
the seven-county metropolitan area, cities of the second and
third class outside the metropolitan area, cities of the second
and third class within the metropolitan area, and cities of the
fourth class; (2) one member from each of the following groups:
the metropolitan council, an outstate regional body, counties
within the metropolitan area, cities of the first class, school
districts in the metropolitan area, school districts outside the
metropolitan area, and public libraries; (3) one member each
appointed by the state departments of children, families, and
learning, human services, revenue, and economic security, the
office of strategic and long-range planning, office of
technology, administration, and the legislative auditor; (4) one
member from the office of the state auditor, appointed by the
auditor; (5) the assistant commissioner of administration for
the information policy office; (6) one member appointed by each
of the following organizations: league of Minnesota cities,
association of Minnesota counties, Minnesota association of
township officers, and Minnesota association of school
administrators; and (7) (6) one member of the house of
representatives appointed by the speaker and one member of the
senate appointed by the subcommittee on committees of the
committee on rules and administration. The legislative members
appointed under clause (7) (6) are nonvoting members. The
commissioner of administration shall appoint members under
clauses (1) and (2). The terms, compensation, and removal of
the appointed members of the advisory council are as provided in
section 15.059, but the council does not expire until June 30,
1997 1999.
Sec. 4. Minnesota Statutes 1996, section 16B.465, is
amended to read:
16B.465 [STATEWIDE MINNESOTA NETWORK FOR TELECOMMUNICATIONS
ACCESS ROUTING SYSTEM ("MNET").]
Subdivision 1. [CREATION.] The statewide Minnesota network
for telecommunications access routing system, known as "MNet,"
provides voice, data, video, and other telecommunications
transmission services to state agencies; educational
institutions, including public schools as defined in section
120.05, nonpublic, church or religious organization
schools which that provide instruction in compliance with
sections 120.101 to 120.102, and private colleges; public
corporations; and state political subdivisions. It is not a
telephone company for purposes of chapter 237. It shall not
resell or sublease any services or facilities to nonpublic
entities except it may serve private schools and colleges. The
commissioner has the responsibility for planning, development,
and operations of a statewide telecommunications access routing
system MNet in order to provide cost-effective
telecommunications transmission services to system MNet users.
Subd. 2. [ADVISORY COUNCIL.] The statewide
telecommunications access and routing system MNet is managed by
the commissioner. Subject to section 15.059, subdivisions 1 to
4, the commissioner shall appoint an advisory council to provide
advice in implementing and operating a statewide
telecommunications access and routing system MNet. The council
shall represent the users of STARS MNet services and shall
include representatives of higher education, public and private
schools, state agencies, and political subdivisions.
Subd. 3. [DUTIES.] The commissioner, after consultation
with the council office of technology, shall:
(1) provide voice, data, video, and other
telecommunications transmission services to the state and to
political subdivisions through an account in the
intertechnologies revolving fund;
(2) manage vendor relationships, network function, and
capacity planning in order to be responsive to the needs of the
system users;
(3) set rates and fees for services;
(4) approve contracts relating to the system;
(5) in consultation with the office of technology, develop
the system plan, including plans for the phasing of its
implementation and maintenance of the initial system, and the
annual program and fiscal plans for the system; and
(6) in consultation with the office of technology, develop
a plan for interconnection of the network with private colleges
and public and private schools in the state.
Subd. 4. [PROGRAM PARTICIPATION.] (a) The commissioner may
require the participation of state agencies, the state board of
education, and the board of trustees of the Minnesota state
colleges and universities and may request the participation of
the board of regents of the University of Minnesota, in the
planning and implementation of the network to provide
interconnective technologies. The commissioner shall establish
reimbursement rates in cooperation with the commissioner of
finance to be billed to participating agencies and educational
institutions sufficient to cover the operating, maintenance, and
administrative costs of the system.
(b) A direct appropriation made to an educational
institution for usage costs associated with the STARS network
MNet must only be used by the educational institution for
payment of usage costs of the network as billed by the
commissioner of administration.
Subd. 6. [REVOLVING FUND APPROPRIATION.] Money
appropriated for the statewide telecommunications access routing
system MNet and fees for telecommunications services must be
deposited in an account in the intertechnologies revolving
fund. Money in the account is appropriated annually to the
commissioner to operate telecommunications services.
Subd. 7. [EXEMPTION.] The system is exempt from the
five-year limitation on contracts set by section 16B.07,
subdivision 2.
Sec. 5. [16B.466] [ADMINISTRATION OF STATE COMPUTER
FACILITIES.]
Subdivision 1. [COMMISSIONER'S RESPONSIBILITY.] The
commissioner shall integrate and operate the state's centralized
computer facilities to serve the needs of state government. The
commissioner shall provide technical assistance to state
agencies in the design, development, and operation of their
computer systems.
Subd. 2. [JOINT ACTIONS.] The commissioner may, within
available funding, join with the federal government, other
states, local governments, and organizations representing those
groups either jointly or severally in the development and
implementation of systems analysis, information services, and
computerization projects.
Sec. 6. Minnesota Statutes 1996, section 16B.467, is
amended to read:
16B.467 [ELECTRONIC PERMITTING AND LICENSING CONDUCT OF
STATE BUSINESS.]
The commissioner of administration shall develop and
implement a system under which people seeking state business can
be conducted and permits or licenses that can be issued
immediately upon payment of a fee can obtain these permits and
licenses obtained through electronic access to communication
with the appropriate state agencies.
Sec. 7. [16E.01] [OFFICE OF TECHNOLOGY.]
Subdivision 1. [PURPOSE.] The office of technology,
referred to in this chapter as the "office," is an agency in the
executive branch managed by an executive director appointed by
the governor. The office shall provide leadership and direction
for information and communications technology policy in
Minnesota. The office shall coordinate strategic investments in
information and communications technology to encourage the
development of a technically literate society and to ensure
sufficient access to and efficient delivery of government
services.
Subd. 2. [DISCRETIONARY POWERS.] The office may:
(1) enter into contracts for goods or services with public
or private organizations and charge fees for services it
provides;
(2) apply for, receive, and expend money from public
agencies;
(3) apply for, accept, and disburse grants and other aids
from the federal government and other public or private sources;
(4) enter into contracts with agencies of the federal
government, local governmental units, the University of
Minnesota and other educational institutions, and private
persons and other nongovernmental organizations as necessary to
perform its statutory duties;
(5) appoint committees and task forces of not more than two
years' duration to assist the office in carrying out its duties;
(6) sponsor and conduct conferences and studies, collect
and disseminate information, and issue reports relating to
information and communications technology issues;
(7) participate in the activities of standards bodies and
other appropriate conferences related to information and
communications technology issues;
(8) review the technology infrastructure of regions of the
state and cooperate with and make recommendations to the
governor, legislature, state agencies, local governments, local
technology development agencies, the federal government, private
businesses, and individuals for the realization of information
and communications technology infrastructure development
potential;
(9) sponsor, support, and facilitate innovative and
collaborative economic and community development and government
services projects, including technology initiatives related to
culture and the arts, with public and private organizations; and
(10) review and recommend alternative sourcing strategies
for state information and communications systems.
Subd. 3. [DUTIES.] The office shall:
(1) coordinate the efficient and effective use of available
federal, state, local, and private resources to develop
statewide information and communications technology and its
infrastructure;
(2) review state agency and intergovernmental information
and communications systems development efforts involving state
or intergovernmental funding, provide information to the
legislature in accordance with section 16A.11 regarding projects
reviewed, and recommend projects for inclusion in the
information technology budget under section 16A.11;
(3) encourage cooperation and collaboration among state and
local governments in developing intergovernmental communication
and information systems, and define the structure and
responsibilities of the information policy council;
(4) cooperate and collaborate with the legislative and
judicial branches in the development of information and
communications systems in those branches;
(5) continue the development of North Star, the state's
official comprehensive online service and information
initiative;
(6) promote and collaborate with the state's agencies in
the state's transition to an effectively competitive
telecommunications market;
(7) collaborate with entities carrying out education and
lifelong learning initiatives to assist Minnesotans in
developing technical literacy and obtaining access to ongoing
learning resources;
(8) promote and coordinate public information access and
network initiatives, consistent with chapter 13, to connect
Minnesota's citizens and communities to each other, to their
governments, and to the world;
(9) promote and coordinate electronic commerce initiatives
to ensure that Minnesota businesses and citizens can
successfully compete in the global economy;
(10) promote and coordinate the regular and periodic
reinvestment in the core information and communications
technology infrastructure so that state and local government
agencies can effectively and efficiently serve their customers;
(11) facilitate the cooperative development of standards
for information systems, electronic data practices and privacy,
and electronic commerce among international, national, state,
and local public and private organizations; and
(12) work with others to avoid unnecessary duplication of
existing services or activities provided by other public and
private organizations while building on the existing
governmental, educational, business, health care, and economic
development infrastructures.
Sec. 8. [16E.02] [OFFICE OF TECHNOLOGY STRUCTURE AND
PERSONNEL.]
Subdivision 1. [OFFICE MANAGEMENT AND STRUCTURE.] The
executive director is the state's chief information officer and
technology advisor to the governor. The salary of the executive
director may not exceed 85 percent of the governor's salary.
The executive director may employ a deputy director, assistant
directors, and other employees that the executive director may
consider necessary. The executive director and the deputy and
assistant directors and one confidential secretary serve in the
unclassified service. The staff of the office must include
individuals knowledgeable in information and communications
technology. The executive director may appoint other personnel
as necessary to operate the office of technology in accordance
with chapter 43A.
Subd. 2. [INTERGOVERNMENTAL PARTICIPATION.] The executive
director or the director's designee shall serve as a member of
the Minnesota education telecommunications council, the
geographic information systems council, the library planning
task force, or their respective successor organizations, and as
a member of Minnesota Technology, Inc., the Minnesota health
data institute as a nonvoting member, and the Minnesota world
trade center corporation.
Sec. 9. [16E.03] [ADMINISTRATION OF STATE INFORMATION AND
COMMUNICATIONS SYSTEMS.]
Subdivision 1. [DEFINITIONS.] For the purposes of sections
16E.03 to 16E.05, the following terms have the meanings given
them.
(a) "Information and communications technology activity"
means the development or acquisition of information and
communications technology devices and systems, but does not
include MNet or its contractors.
(b) "Data processing device or system" means equipment or
computer programs, including computer hardware, firmware,
software, and communication protocols, used in connection with
the processing of information through electronic data processing
means, and includes data communication devices used in
connection with computer facilities for the transmission of data.
(c) "State agency" means an agency in the executive branch
of state government and includes state colleges and universities
and the Minnesota higher education services office,
notwithstanding any other law enacted at the 1997 legislative
session.
Subd. 2. [EXECUTIVE DIRECTOR'S RESPONSIBILITY.] The
executive director shall coordinate the state's information and
communications technology systems to serve the needs of the
state government. The executive director shall:
(1) coordinate the design of a master plan for information
and communications technology systems in the state and its
political subdivisions and shall report on the plan to the
governor and legislature at the beginning of each regular
session;
(2) coordinate all information and communications
technology plans and contracts and oversee the state's
information and communications systems;
(3) establish standards for information and communications
systems that encourage competition and support open systems
environments and that are compatible with national and
international standards; and
(4) maintain a library of systems and programs developed by
the state and its political subdivisions for use by agencies of
government.
Subd. 3. [EVALUATION AND APPROVAL.] A state agency may not
undertake an information and communications technology activity
until it has been evaluated according to the procedures
developed under subdivision 4. The governor or governor's
designee shall give written approval of the proposed activity.
If the proposed activity is not approved, the commissioner of
finance shall cancel the unencumbered balance of any
appropriation allotted for the activity. This subdivision does
not apply to acquisitions or development of information and
communications systems that have anticipated total cost of less
than $100,000.
Subd. 4. [EVALUATION PROCEDURE.] The executive director
shall establish and, as necessary, update and modify procedures
to evaluate information and communications activities proposed
by state agencies. The evaluation procedure must assess the
necessity, design and plan for development, ability to meet user
requirements, feasibility, and flexibility of the proposed data
processing device or system, its relationship to other state
data processing devices or systems, and its costs and benefits
when considered by itself and when compared with other options.
Subd. 5. [REPORT TO LEGISLATURE.] The executive director
shall submit to the legislature, in the information technology
budget required by section 16A.11, a concise narrative
explanation of the activity and a request for any additional
appropriation necessary to complete the activity.
Subd. 6. [SYSTEM DEVELOPMENT METHODS.] The executive
director shall establish and, as necessary, update and modify
methods for developing information and communications systems
appropriate to the specific needs of individual state agencies.
The development methods shall be used to define the design,
programming, and implementation of systems. The development
methods must also enable and require a data processing system to
be defined in terms of its computer programs, input
requirements, output formats, administrative procedures, and
processing frequencies.
Subd. 7. [DATA SECURITY SYSTEMS.] In consultation with the
attorney general and appropriate agency heads, the executive
director shall develop data security policies, guidelines, and
standards, and the commissioner of administration shall install
and administer state data security systems on the state's
centralized computer facility consistent with these policies,
guidelines, standards, and state law to ensure the integrity of
computer-based and other data and to ensure applicable
limitations on access to data, consistent with the public's
right to know as defined in chapter 13. Each department or
agency head is responsible for the security of the department's
or agency's data.
Subd. 8. [JOINT ACTIONS.] The executive director may join
with the federal government, other states, local governments,
and organizations representing those groups either jointly or
severally in the development and implementation of systems
analysis, information services, and computerization projects.
Sec. 10. [16E.04] [INFORMATION AND COMMUNICATIONS
TECHNOLOGY POLICY.]
Subdivision 1. [DEVELOPMENT.] The office shall coordinate
with state agencies in developing and establishing policies and
standards for state agencies to follow in developing and
purchasing information and communications systems and training
appropriate persons in their use. The office shall develop,
promote, and coordinate state technology, architecture,
standards and guidelines, information needs analysis techniques,
contracts for the purchase of equipment and services, and
training of state agency personnel on these issues.
Subd. 2. [RESPONSIBILITIES.] (a) In addition to other
activities prescribed by law, the office shall carry out the
duties set out in this subdivision.
(b) The office shall develop and establish a state
information architecture to ensure that further state agency
development and purchase of information and communications
systems, equipment, and services is designed to ensure that
individual agency information systems complement and do not
needlessly duplicate or conflict with the systems of other
agencies. When state agencies have need for the same or similar
public data, the executive director, in coordination with the
affected agencies, shall promote the most efficient and
cost-effective method of producing and storing data for or
sharing data between those agencies. The development of this
information architecture must include the establishment of
standards and guidelines to be followed by state agencies.
(c) The office shall assist state agencies in the planning
and management of information systems so that an individual
information system reflects and supports the state agency's
mission and the state's requirements and functions.
(d) The office shall review agency requests for legislative
appropriations for the development or purchase of information
systems equipment or software.
(e) The office shall review major purchases of information
systems equipment to:
(1) ensure that the equipment follows the standards and
guidelines of the state information architecture;
(2) ensure that the equipment is consistent with the
information management principles adopted by the information
policy council;
(3) evaluate whether the agency's proposed purchase
reflects a cost-effective policy regarding volume purchasing;
and
(4) ensure that the equipment is consistent with other
systems in other state agencies so that data can be shared among
agencies, unless the office determines that the agency
purchasing the equipment has special needs justifying the
inconsistency.
(f) The office shall review the operation of information
systems by state agencies and provide advice and assistance to
ensure that these systems are operated efficiently and
continually meet the standards and guidelines established by the
office. The standards and guidelines must emphasize uniformity
that encourages information interchange, open systems
environments, and portability of information whenever
practicable and consistent with an agency's authority and
chapter 13. The office, in consultation with the
intergovernmental information systems advisory council and the
legislative reference library, shall recommend specific
standards and guidelines for each state agency within a time
period fixed by the office in regard to the following:
(1) establishing methods and systems directed at reducing
and ultimately eliminating redundant storage of data; and
(2) establishing information sales systems that utilize
licensing and royalty agreements to the greatest extent
possible, together with procedures for agency denial of requests
for licenses or royalty agreements by commercial users or
resellers of the information. Section 3.751 does not apply to
those licensing and royalty agreements, and the agreements must
include provisions that section 3.751 does not apply and that
the state is immune from liability under the agreement.
(g) The office shall conduct a comprehensive review at
least every three years of the information systems investments
that have been made by state agencies and higher education
institutions. The review must include recommendations on any
information systems applications that could be provided in a
more cost-beneficial manner by an outside source. The office
must report the results of its review to the legislature and the
governor.
(h) The office shall report to the legislature by January
15 of each year on progress in implementing paragraph (f),
clauses (1) and (2).
Sec. 11. [16E.05] [GOVERNMENT INFORMATION ACCESS.]
Subdivision 1. [DUTIES.] The office, in consultation with
interested persons, shall:
(1) coordinate statewide efforts by units of state and
local government to plan for and develop a system for providing
access to government services;
(2) make recommendations to facilitate coordination and
assistance of demonstration projects; and
(3) explore ways and means to improve citizen and business
access to public services, including implementation of
technological improvements.
Subd. 2. [APPROVAL OF STATE AGENCY INITIATIVES.] A state
agency shall coordinate with the office when implementing a new
initiative for providing electronic access to state government
information.
Subd. 3. [CAPITAL INVESTMENT.] No state agency may propose
or implement a capital investment plan for a state office
building unless:
(1) the agency has developed a plan for increasing
telecommuting by employees who would normally work in the
building, or the agency has prepared a statement describing why
such a plan is not practicable; and
(2) the plan or statement has been reviewed by the office.
Sec. 12. [16E.06] [DATA PRIVACY.]
The following data submitted to the office by businesses
are private data on individuals or nonpublic data: financial
statements, business plans, income and expense projections,
customer lists, and market and feasibility studies not paid for
with public funds.
Sec. 13. [16E.07] [NORTH STAR.]
Subdivision 1. [DEFINITIONS.] (a) The definitions in this
subdivision apply to this section.
(b) [CORE SERVICES.] "Core services" means information
system applications required to provide secure information
services and online applications and content to the public from
government units. Online applications may include, but are not
limited to:
(1) standardized public directory services and standardized
content services;
(2) online search systems;
(3) general technical services to support government unit
online services;
(4) electronic conferencing and communication services;
(5) secure electronic transaction services;
(6) digital audio, video, and multimedia services; and
(7) government intranet content and service development.
(c) [GOVERNMENT UNIT.] "Government unit" means a state
department, agency, commission, council, board, task force, or
committee; a constitutional office; a court entity; the
Minnesota state colleges and universities; a county, statutory
or home rule charter city, or town; a school district; a special
district; or any other board, commission, district, or authority
created under law, local ordinance, or charter provision.
Subd. 2. [ESTABLISHED.] The office shall establish "North
Star" as the state's comprehensive government online information
service. North Star is the state's governmental framework for
coordinating and collaborating in providing online government
information and services. Government agencies that provide
electronic access to government information are requested to
make available to North Star their most frequently requested
public data.
Subd. 3. [ACCESS TO DATA.] The legislature determines that
the greatest possible access to certain government information
and data is essential to allow citizens to participate fully in
a democratic system of government. Certain information and
data, including, but not limited to the following, must be
provided free of charge or for a nominal cost associated with
reproducing the information or data:
(1) directories of government services and institutions;
(2) legislative and rulemaking information, including
public information newsletters, bill text and summaries, bill
status information, rule status information, meeting schedules,
and the text of statutes and rules;
(3) supreme court and court of appeals opinions and general
judicial information;
(4) opinions of the attorney general;
(5) ethical practices board and election information;
(6) public budget information;
(7) local government documents, such as codes, ordinances,
minutes, meeting schedules, and other notices in the public
interest;
(8) official documents, releases, speeches, and other
public information issued by government agencies; and
(9) the text of other government documents and publications
that government agencies determine are important to public
understanding of government activities.
Subd. 4. [STAFF.] The executive director of the office
shall appoint the manager of the North Star online information
service and hire staff to carry out the responsibilities of the
service.
Subd. 5. [PARTICIPATION; CONSULTATION; GUIDELINES.] The
North Star staff shall consult with governmental and
nongovernmental organizations to establish rules for
participation in the North Star service. Government units
planning, developing, or providing publicly accessible online
services shall provide access through and collaborate with North
Star and formally register with the office. The University of
Minnesota is requested to establish online connections and
collaborate with North Star. Units of the legislature shall
make their services available through North Star. Government
units may be required to submit standardized directory and
general content for core services but are not required to
purchase core services from North Star. North Star shall
promote broad public access to the sources of online information
or services through multiple technologies.
Subd. 6. [FEES.] The office shall establish fees for
technical and transaction services for government units through
North Star. Fees must be credited to the North Star account.
The office may not charge a fee for viewing or inspecting data
made available through North Star or linked facilities, unless
specifically authorized by law.
Subd. 7. [NORTH STAR ACCOUNT.] The North Star account is
created in the special revenue fund. The account consists of:
(1) grants received from nonstate entities;
(2) fees and charges collected by the office;
(3) gifts, donations, and bequests made to the office; and
(4) other money credited to the account by law.
Money in the account is appropriated to the office to be
used to continue the development of the North Star project.
Subd. 8. [SECURE TRANSACTION SYSTEM.] The office shall
plan and develop a secure transaction system to support delivery
of government services electronically.
Subd. 9. [AGGREGATION OF SERVICE DEMAND.] The office shall
identify opportunities to aggregate demand for technical
services required by government units for online activities and
may contract with governmental or nongovernmental entities to
provide services. These contracts are not subject to the
requirements of chapter 16B, except sections 16B.167, 16B.17,
and 16B.175.
Subd. 10. [OUTREACH.] The office may promote the
availability of government online information and services
through public outreach and education. Public network expansion
in communities through libraries, schools, colleges, local
government, and other community access points must include
access to North Star. North Star may make materials available
to those public sites to promote awareness of the service.
Subd. 11. [ADVANCED DEVELOPMENT COLLABORATION.] The office
shall identify information technology services with broad public
impact and advanced development requirements. Those services
shall assist in the development of and utilization of core
services to the greatest extent possible where appropriate, cost
effective, and technically feasible. This includes, but is not
limited to, higher education, statewide online library, economic
and community development, and K-12 educational technology
services. North Star shall participate in electronic commerce
research and development initiatives with the University of
Minnesota and other partners. The statewide online library
service shall consult, collaborate, and work with North Star to
ensure development of proposals for advanced government
information locator and electronic depository and archive
systems.
Sec. 14. [16E.08] [BUSINESS LICENSE INFORMATION.]
The office shall coordinate the design, establishment,
implementation, and maintenance of an electronic system to allow
the public to retrieve by computer information prepared by the
department of trade and economic development bureau of business
licenses on licenses and their requirements. The office shall
establish the format and standards for retrieval consistent with
state information and data interchange policies. The office
shall integrate the system with the North Star online
information system. The office shall work in collaboration with
the department of trade and economic development bureau of
business licenses. The bureau is responsible for creating and
operating the system.
Sec. 15. [16E.11] [TRADE POINT.]
The office shall cooperate with the United Nations, the
Minnesota world trade center corporation, the commissioner of
trade and economic development, the University of Minnesota, and
private businesses to expand international trading opportunities
for small and medium sized businesses through the use of
electronic commerce technologies and participation in the global
trade point network. The office shall support research and
development of secured trading technologies by the commissioner
of trade and economic development, the University of Minnesota,
and others. The office, in cooperation with the commissioner of
trade and economic development, shall coordinate expansion of
membership in a trade point association. The office shall
provide training and outreach and support training and outreach
provided by the commissioner of trade and economic development
and the University of Minnesota. These agencies shall cooperate
in the identification and development of electronic trading
centers in multiple regions of this state.
Sec. 16. [16E.12] [INTERNET CENTER.]
Subdivision 1. [CREATION.] The office shall create the
Internet center, centrally located within the state, to
collaborate with the North Star online information service,
public and private partners, and with existing or emerging
technology and community development efforts.
Subd. 2. [COMMUNITY ASSISTANCE.] The center shall assist
communities and regions in comprehensive information and
telecommunications technology (IT) community planning, demand
aggregation, design, and implementation. It shall maintain an
interactive database of community and business-related IT
experience, showcase successful models of community and business
IT integration, coordinate statewide IT community development
technical assistance, and act as a clearinghouse for
applications and education in the uses of IT.
Subd. 3. [TELETERNS; RESOURCE TEAMS.] A "teletern" is a
student enrolled in a higher education program who has
information and telecommunications technology skills. The
center shall coordinate the training and placement of teleterns
who have IT experience and community development process skills,
regional IT community development coordinators, and community IT
resource teams to work in partnership with communities as they
plan for and implement comprehensive IT resource development
efforts. This includes the aggregation of demand for IT to help
facilitate the transition into a market-based, competitive IT
environment and the use of IT tools to enhance access to
community services, improve the business climate, and strengthen
community ties.
Subd. 4. [COMMUNITY-BASED DEVELOPMENT PARTNERS.] The
center and its community-based development functions shall
coordinate or partner, when possible, with Minnesota learning
community initiatives, particularly for community-based
technology learning centers; Minnesota library technology
investments; trade point Minnesota, the University of Minnesota
secure electronic authentication link (SEAL) laboratory and
electronic trading centers; the Small Business Administration
business information center; Minnesota technology centers; the
Minnesota extension service Access Minnesota sites; and the
state's telecommunications collaboration project, among others.
Sec. 17. [16E.13] [COMMUNITY TECHNOLOGY RESOURCE
DEVELOPMENT.]
Subdivision 1. [CREATION AND PURPOSE.] The information and
telecommunications technology (IT) community resource
development initiative is created under the oversight
jurisdiction of the office of technology to build the capacity
of citizens, businesses, communities, and regions of the state
to fully realize the benefits of IT for sustainable community
and economic development and to help facilitate the transition
into the market-based, competitive IT environment.
Subd. 2. [DUTIES GENERALLY.] Through this initiative, the
office shall:
(1) collect, organize, and distribute information regarding
the benefits, applications, and effective uses of IT;
(2) promote community-based telecommunications planning and
development and the use of community-oriented electronic
communications and information applications in health care,
education, and commerce;
(3) award grants for community-based development seed funds
to encourage public-private partnerships that foster effective
IT use and IT integration activities in the community; and
(4) facilitate the aggregation of demand for IT on a
comprehensive private, nonprofit, and public sector shared basis
in communities.
Subd. 3. [ASSISTANCE AND FUNDING; GENERAL PRINCIPLES.]
Community technical assistance and development seed funding for
aggregation of demand and community IT planning provided through
the IT community resource development initiative is contingent
upon the following general principles:
(1) that communities and regions show evidence of, or
intent to do, cooperative funding and planning between sectors
including, but not limited to, private sector providers, public
sector technology investments such as MNet, library systems,
health care providers, businesses, schools and other educational
institutions, and the nonprofit sector; and
(2) that communities and regions agree to form local and
regional IT coordination committees or modify similar, existing
committees to be more inclusive of other sectors and undertake
comprehensive planning across those sectors to leverage public
and private IT investment to the maximum benefit of all citizens.
Sec. 18. Minnesota Statutes 1996, section 403.02,
subdivision 2, is amended to read:
Subd. 2. [METROPOLITAN AREA.] "Metropolitan area" means
the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott,
and Washington metropolitan area as defined in section 473.121,
subdivision 2.
Sec. 19. Minnesota Statutes 1996, section 403.02, is
amended by adding a subdivision to read:
Subd. 10. [COMMISSIONER.] "Commissioner" means the
commissioner of administration.
Sec. 20. Minnesota Statutes 1996, section 403.08, is
amended by adding a subdivision to read:
Subd. 7. [CELLULAR AND OTHER NONWIRE PROVIDERS.] (a) Each
cellular and other wireless access service provider shall
cooperate in planning and implementing integration with enhanced
911 systems operating in their service territories to meet
federal communications commission enhanced 911 standards. By
August 1, 1997, each 911 emergency telephone service provider
operating enhanced 911 systems, in cooperation with each
involved cellular or other wireless access service provider,
shall develop and provide to the commissioner good-faith
estimates of installation and recurring expenses to integrate
cellular 911 service into the enhanced 911 networks to meet
federal communications commission phase one wireless enhanced
911 standards. The commissioner shall coordinate with counties
and affected public safety agency representatives in developing
a statewide design and plan for implementation.
(b) Planning shall be completed by October 1, 1997, for the
metropolitan area and shall be completed by December 1, 1997,
for the areas outside of the metropolitan area.
(c) Planning considerations must include cost, degree of
integration into existing 911 systems, the retention of existing
911 infrastructure, and the potential implications of phase 2 of
the federal communications commission wireless enhanced 911
standards.
(d) Counties shall incorporate the statewide design when
modifying county 911 plans to provide for integrating wireless
911 service into existing county 911 systems. The commissioner
shall contract with the involved wireless service providers and
911 service providers to integrate cellular and other wireless
services into existing 911 systems where feasible.
Sec. 21. Minnesota Statutes 1996, section 403.11,
subdivision 2, is amended to read:
Subd. 2. [MODIFICATION COSTS.] (a) The costs of a public
utility incurred in the modification of central office switching
equipment for minimum 911 service shall be paid from the general
fund of the state treasury by appropriations for that purpose.
(b) The installation and recurring charges for integrating
cellular and other wireless access services 911 calls into
enhanced 911 systems must be paid by the commissioner if the 911
service provider is included in the statewide design plan and
the charges have been certified and approved under subdivision
3, or the wireless access service provider has completed a
contract for service with the commissioner, and charges are
considered reasonable and accurate by the commissioner. Charges
payable to wireless access service providers are not subject to
the provisions of subdivision 3.
Sec. 22. Minnesota Statutes 1996, section 403.113,
subdivision 1, is amended to read:
Subdivision 1. [FEE.] (a) In addition to the actual fee
assessed under section 403.11, each customer receiving local
telephone service, excluding including cellular or other nonwire
service, is assessed a fee to fund implementation and
maintenance of enhanced 911 service, including acquisition of
necessary equipment and the costs of the department of
administration commissioner to administer the program. The
enhanced fee collected from cellular or other nonwire service
customers must be collected effective in July 1997 billings.
The actual fee assessed under section 403.11 and the enhanced
911 service fee must be collected as one amount and may not
exceed the amount specified in section 403.11, subdivision 1,
paragraph (b).
(b) The enhanced 911 service fee must be collected and
deposited in the same manner as the fee in section 403.11 and
used solely for the purposes of paragraph (a) and subdivision 3.
(c) The commissioner of the department of administration,
in consultation with counties and 911 system users, shall
determine the amount of the enhanced 911 service fee and inform
telephone companies or communications carriers that provide
service capable of originating a 911 emergency telephone call of
the total amount of the 911 service fees in the same manner as
provided in section 403.11.
Sec. 23. Minnesota Statutes 1996, section 403.113,
subdivision 2, is amended to read:
Subd. 2. [DISTRIBUTION OF MONEY.] (a) After payment of the
costs of the department of administration to administer the
program, the commissioner shall distribute the money collected
under this section as follows:
(1) one-half of the amount equally to all qualified
counties, and after October 1, 1997, to all qualified counties,
existing ten public safety answering points operated by the
Minnesota state patrol, and each governmental entity operating
the individual public safety answering points serving the
metropolitan airports commission, Red Lake Indian Reservation,
and the University of Minnesota police department; and
(2) the remaining one-half to qualified counties and cities
with existing 911 systems based on each county's or city's
percentage of the total population of qualified counties and
cities. The population of a qualified city with an existing
system must be deducted from its county's population when
calculating the county's share under this clause if the city
seeks direct distribution of its share.
(b) A county's share under subdivision 1 must be shared pro
rata between the county and existing city systems in the
county. A county or city or other governmental entity as
described in paragraph (a), clause (1), shall deposit money
received under this subdivision in an interest-bearing fund or
account separate from the county's or city's governmental
entity's general fund and may use money in the fund or account
only for the purposes specified in subdivision 3.
(c) For the purposes of this subdivision, a county or city
is qualified to share in the distribution of money for enhanced
911 service if the county auditor certifies to the commissioner
of administration the amount of the county's or city's levy for
the cost of providing enhanced 911 service for taxes payable in
the year in which money for enhanced 911 service will be
distributed. The commissioner may not distribute money to a
county or city in an amount greater than twice the amount of the
county's or city's certified levy. A county or city or other
governmental entity as described in paragraph (a), clause (1),
is not qualified to share in the distribution of money for
enhanced 911 service if, in addition to the levy required under
this paragraph, it has not implemented enhanced 911 service
before December 31, 1998.
(d) For the purposes of this subdivision, "existing city
system" means a city 911 system that provides at least basic 911
service and that was implemented on or before April 1, 1993.
Sec. 24. Minnesota Statutes 1996, section 403.113,
subdivision 3, is amended to read:
Subd. 3. [LOCAL EXPENDITURES.] (a) Money distributed to
counties or an existing city system under subdivision 2 for
enhanced 911 service may be spent on enhanced 911 system costs
for the purposes stated in subdivision 1, paragraph (a). In
addition, money may be spent to lease, purchase, lease-purchase,
or maintain enhanced 911 equipment, including telephone
equipment; recording equipment; computer hardware; computer
software for database provisioning, addressing, mapping, and any
other software necessary for automatic location identification
or local location identification; trunk lines; selective routing
equipment; the master street address guide; dispatcher public
safety answering point equipment proficiency and operational
skills; pay for long-distance charges incurred due to
transferring 911 calls to other jurisdictions; and the equipment
necessary within the public safety answering point for community
alert systems and to notify and communicate with the emergency
services requested by the 911 caller.
(b) Money distributed for enhanced 911 service may not be
spent on:
(1) purchasing or leasing of real estate or cosmetic
additions to or remodeling of communications centers;
(2) mobile communications vehicles, fire engines,
ambulances, law enforcement vehicles, or other emergency
vehicles;
(3) signs, posts, or other markers related to addressing or
any costs associated with the installation or maintenance of
signs, posts, or markers.
Sec. 25. Minnesota Statutes 1996, section 403.113,
subdivision 4, is amended to read:
Subd. 4. [AUDITS.] Each county and city or other
governmental entity as described in subdivision 2, paragraph
(a), clause (1), shall conduct an annual audit on the use of
funds distributed to it for enhanced 911 service. A copy of
each audit report must be submitted to the commissioner of
administration.
Sec. 26. Minnesota Statutes 1996, section 403.13, is
amended to read:
403.13 [CELLULAR TELEPHONE USE.]
Subdivision 1. [CELLULAR 911 CALLS.] (a) Those
governmental entities that are responsible for the design,
planning, and coordination of the 911 emergency telephone system
under the requirements of this chapter shall ensure that a 911
emergency call made with a cellular or other wireless access
device is automatically connected to and answered by the
appropriate public safety answering point.
(b) In order to comply with paragraph (a), representatives
of each county's 911 planning committee shall consult with
representatives of the relevant district office of the state
patrol to allocate responsibility for answering emergency 911
calls in each county, and shall notify the commissioner of the
agreed upon allocation. By April 1, 1998, for the metropolitan
area and June 1, 1998, for the area outside the metropolitan
area, the county 911 planning committees and the district
offices of the state patrol shall notify the commissioner of any
unresolved issues regarding the allocation of responsibility for
answering cellular 911 emergency calls.
(c) Unresolved issues in the metropolitan area must be
resolved by:
(1) the executive director of the metropolitan 911 board;
(2) the 911 product manager appointed by the commissioner;
(3) a representative appointed by the Minnesota state
sheriffs association from the metropolitan area;
(4) the commissioner of public safety or the commissioner's
designee; and
(5) a representative appointed by the Minnesota chiefs of
police association from the metropolitan area.
(d) Unresolved issues in the area outside the metropolitan
area must be resolved by:
(1) a representative appointed by association of Minnesota
counties from the area outside the metropolitan area;
(2) the 911 product manager appointed by the commissioner;
(3) a representative appointed by the Minnesota state
sheriffs association from the area outside the metropolitan
area;
(4) the commissioner of public safety or the commissioner's
designee; and
(5) a representative appointed by the Minnesota league of
cities from the area outside the metropolitan area.
(e) These committees shall resolve outstanding issues by
December 31, 1998. The decision of the committee is final.
Subd. 2. [NOTIFICATION OF SUBSCRIBERS.] A provider of
cellular or other wireless telephone services in Minnesota shall
notify its subscribers at the time of initial subscription and
four times per year thereafter that a 911 emergency call made
with a cellular wireless telephone is not always answered by a
local public safety answering point but rather is may be routed
to a state patrol dispatcher and that, accordingly, the caller
must provide specific information regarding the caller's
location.
Sec. 27. [403.14] [WIRELESS ENHANCED 911 SERVICE PROVIDER;
LIABILITY.]
No wireless enhanced 911 emergency communication service
provider, its employees, or its agents is liable to any person
for civil damages resulting from or caused by any act or
omission in the development, design, installation, operation,
maintenance, performance, or provision of enhanced 911 wireless
service, except for willful or wanton misconduct. No wireless
carrier, its employees, or its agents is liable to any person
who uses enhanced 911 wireless service for release of subscriber
information required under this chapter to any public safety
answering point.
Sec. 28. Minnesota Statutes 1996, section 473.894,
subdivision 3, is amended to read:
Subd. 3. [APPLICATION TO FCC.] Within 180 days from
adoption of the regionwide public safety radio system
communication plan the commissioner of transportation, on behalf
of the state of Minnesota, shall use the plan adopted by the
board under subdivision 2 to submit an extended implementation
application to the Federal Communications Commission (FCC) for
the NPSPAC channels and other public safety frequencies
available for use in the metropolitan area and necessary to
implement the plan. Local governments and all other public or
private entities eligible under part 90 of the FCC rules shall
not apply for public safety channels in the 821 to 824 and 866
to 869 megahertz bands for use within the metropolitan counties
until the FCC takes final action on the regional application
submitted under this section. Exceptions to the restrictions on
the application for the NPSPAC channels may be granted by the
radio board. The Minnesota department of transportation shall
hold the master system licenses for all public safety
frequencies assigned to the metropolitan area issued by the FCC
first phase under the board's plan and these channels shall be
used for the implementation of the plan. Local governments and
other public and private entities eligible under part 90 of the
FCC rules may apply to the FCC as colicensees for subscriber
equipment and those portions of the network infrastructure owned
by them. Application for colicensing under this section shall
require the concurrence of the radio board The radio board shall
hold the master system licenses for the public safety
frequencies assigned to local government subsystems under the
board's plan and these channels shall be used for implementation
of the plan. Upon approval by the board of a local government's
subsystem plan and evidence of a signed contract with a vendor
for construction of a subsystem consistent with the board's
system plan, the board shall apply to the FCC to transfer to the
local government the licenses for the public safety frequencies
assigned by the plan for use in the network infrastructure owned
by the local government. The radio board, the commissioner of
transportation, and local subsystem owners shall jointly
colicense all subscriber equipment for the backbone system.
Sec. 29. [APPLICATION.]
Section 28 applies in Anoka, Carver, Dakota, Hennepin,
Ramsey, Scott, and Washington counties.
Sec. 30. [INTERIM FEE; APPROPRIATION AND DISTRIBUTION.]
(a) Until June 30, 1998, the fee for enhanced wireless 911
service is ten cents per month in addition to the fee actually
collected under Minnesota Statutes, section 403.11, subdivision
1. The additional fee is imposed effective July 1, 1997, and is
appropriated to the commissioner of administration for
distribution as established in section 22.
(b) Distribution of the revenue from the fee under section
22 for enhanced wireless 911 service must begin October 1, 1997.
The commissioner of administration shall determine the amount of
the additional enhanced wireless 911 service fee to be in effect
beginning July 1, 1998, under Minnesota Statutes, section
403.113.
Sec. 31. [INITIAL DUTIES.]
(a) Upon creation, the office of technology shall perform a
series of preliminary duties designed to assess the current
status of the state's investment in information technology and
to establish a clear means of directing future information
technology initiatives.
(b) By November 1, 1997, the office shall recommend to the
governor and the legislature a clearly defined statutory funding
structure that:
(1) efficiently uses available federal, state, and local
funding sources to develop and maintain a statewide public
information and communications infrastructure; and
(2) provides a means of tracking and compiling all state
agency expenditures related to information technology.
This report also shall include a proposed format to be used
by state agencies for information technology budget requests.
The proposed format must be created in collaboration with the
commissioners of administration and finance.
(c) By December 1, 1997, the office shall review and report
to the governor and the legislature on the status of all
currently established state agency and intergovernmental
information and communications systems that use state funding.
The report shall recommend a means of consolidating existing
governmental information technology boards and councils, to
achieve efficiency, prevent duplication of effort, and clarify
lines of authority.
Sec. 32. [EMPLOYEES; TRANSITION.]
Persons assigned to the office of technology on the day
before the effective date of this section are transferred in
their existing status according to Minnesota Statutes, section
15.039, subdivision 7. Effective July 1, 1998, these employees,
other than the executive director and the deputy and assistant
directors, and one confidential secretary, are converted from
the unclassified to the classified service under the following
conditions:
(a) The commissioner of employee relations will allocate
positions and incumbent employees to appropriate classes in the
state classification plan pursuant to Minnesota Statutes,
section 43A.07. The commissioner will also assign positions and
incumbent employees to an appropriate state unit under Minnesota
Statutes, section 179A.10. Positions converted with their
incumbents do not create vacancies in state service.
(b) Employees serving in unclassified appointments from the
effective date of this section through June 30, 1998, and
converted to unlimited classified service on July 1, 1998, are
converted to state service without examination. Those converted
to classified positions in the managerial plan pursuant to
Minnesota Statutes, section 43A.18, subdivision 3, who have
completed 12 months of service in their positions and all others
converted to classified positions who have completed six months
of service in their positions and all others converted to
classified positions who have completed six months of service in
their positions are converted with permanent status. Employees
converted to classified managerial positions with less than 12
months of service in their positions and all others converted to
classified positions with less than six months of service in
their position are converted with probationary status. All time
already served by these employees in the converted positions
must be credited toward meeting the probationary period
requirement of the state contract or plan to which their
position has been assigned.
Sec. 33. [TRANSFERS.]
In accordance with Minnesota Statutes, sections 15.039 and
43A.045, the positions for functions transferred from the
information policy office, with incumbents, excluding the public
information policy analysis division, are transferred to the
Minnesota office of technology, effective July 1, 1997.
Sec. 34. [INFORMATION TECHNOLOGY.]
By February 1, 1998, each executive branch state agency,
including the MNSCU system, shall report to the finance
divisions or committees in the house and the senate that
appropriate money for the agency on current and planned
expenditures for information technology. The report must
include:
(1) expenditures that will be incurred in the biennium
ending June 30, 1999, and any planned future expenditures for
each information technology project in the agency;
(2) the goals and objectives for each information
technology project that is being developed in the biennium
ending June 30, 1999, or that is planned for a future biennium;
and
(3) the agency's progress in making its information
technology systems compliant with the year 2000.
Sec. 35. [INSTRUCTION TO REVISOR.]
The revisor shall change in Minnesota Statutes and
Minnesota Rules all references to the information policy office
and the government information access council to the office of
technology.
Sec. 36. [REPEALER.]
Minnesota Statutes 1996, sections 15.95; 15.96; 16B.40;
16B.41; and 16B.43, are repealed.
Sec. 37. [EFFECTIVE DATE.]
Sections 20, 21, and 23 to 28 are effective the day
following final enactment.
ARTICLE 4
COMMUNITY-BASED PLANNING
Section 1. [4A.08] [COMMUNITY-BASED PLANNING GOALS.]
The goals of community-based planning are:
(1) [CITIZEN PARTICIPATION.] To develop a community-based
planning process with broad citizen participation in order to
build local capacity to plan for sustainable development and to
benefit from the insights, knowledge, and support of local
residents. The process must include at least one citizen from
each affected unit of local government;
(2) [COOPERATION.] To promote cooperation among communities
to work towards the most efficient, planned, and cost-effective
delivery of government services by, among other means,
facilitating cooperative agreements among adjacent communities
and to coordinate planning to ensure compatibility of one
community's development with development of neighboring
communities;
(3) [ECONOMIC DEVELOPMENT.] To create sustainable economic
development strategies and provide economic opportunities
throughout the state that will achieve a balanced distribution
of growth statewide;
(4) [CONSERVATION.] To protect, preserve, and enhance the
state's resources, including agricultural land, forests, surface
water and groundwater, recreation and open space, scenic areas,
and significant historic and archaeological sites;
(5) [LIVABLE COMMUNITY DESIGN.] To strengthen communities
by following the principles of livable community design in
development and redevelopment, including integration of all
income and age groups, mixed land uses and compact development,
affordable and life-cycle housing, green spaces, access to
public transit, bicycle and pedestrian ways, and enhanced
aesthetics and beauty in public spaces;
(6) [HOUSING.] To provide and preserve an adequate supply
of affordable and life-cycle housing throughout the state;
(7) [TRANSPORTATION.] To focus on the movement of people
and goods, rather than on the movement of automobiles, in
transportation planning, and to maximize the efficient use of
the transportation infrastructure by increasing the availability
and use of appropriate public transit throughout the state
through land-use planning and design that makes public transit
economically viable and desirable;
(8) [LAND-USE PLANNING.] To establish a community-based
framework as a basis for all decisions and actions related to
land use;
(9) [PUBLIC INVESTMENTS.] To account for the full
environmental, social, and economic costs of new development,
including infrastructure costs such as transportation, sewers
and wastewater treatment, water, schools, recreation, and open
space, and plan the funding mechanisms necessary to cover the
costs of the infrastructure;
(10) [PUBLIC EDUCATION.] To support research and public
education on a community's and the state's finite capacity to
accommodate growth, and the need for planning and resource
management that will sustain growth; and
(11) [SUSTAINABLE DEVELOPMENT.] To provide a better quality
of life for all residents while maintaining nature's ability to
function over time by minimizing waste, preventing pollution,
promoting efficiency, and developing local resources to
revitalize the local economy.
Sec. 2. [4A.09] [TECHNICAL ASSISTANCE.]
The office shall provide local governments technical and
financial assistance in preparing their comprehensive plans to
meet the community-based planning goals in section 4A.08.
Sec. 3. [4A.10] [PLAN REVIEW AND COMMENT.]
The office shall review and comment on community-based
comprehensive plans prepared by counties, including the
community-based comprehensive plans of municipalities and towns
that are incorporated into a county's plan, as required in
section 394.232, subdivision 3.
Sec. 4. Minnesota Statutes 1996, section 394.23, is
amended to read:
394.23 [COMPREHENSIVE PLAN.]
The board shall have has the power and authority to prepare
and adopt by ordinance, a comprehensive plan. A comprehensive
plan or plans when adopted by ordinance shall must be the basis
for official controls adopted under the provisions of sections
394.21 to 394.37.
Sec. 5. [394.232] [COMMUNITY-BASED PLANNING.]
Subdivision 1. [GENERAL.] Each county is encouraged to
prepare and implement a community-based comprehensive plan. A
community-based comprehensive plan is a comprehensive plan that
is consistent with the goals of community-based planning in
section 4A.08.
Subd. 2. [NOTICE AND PARTICIPATION.] Notice must be given
at the beginning of the community-based comprehensive planning
process to the office of strategic and long-range planning, the
department of natural resources, the department of agriculture,
the department of trade and economic development, the board of
soil and water resources, the pollution control agency, the
department of transportation, local government units, and local
citizens to actively participate in the development of the
plan. An agency that is invited to participate in the
development of a local plan but declines to do so and fails to
participate or to provide written comments during the plan
development process waives the right during the office's review
and comment period to submit comments, except for comments
concerning consistency of the plan with laws and rules
administered by the agency. In determining the merit of the
agency comment, the office shall consider the involvement of the
agency in the development of the plan.
Subd. 3. [COORDINATION.] A county that prepares a
community-based comprehensive plan shall coordinate its plan
with the plans of its neighbors and its constituent
municipalities and towns in order both to prevent its plan from
having an adverse impact on other jurisdictions and to
complement plans of other jurisdictions. The county's
community-based comprehensive plan must incorporate the
community-based comprehensive plan of any municipality or town
in the county prepared in accordance with section 462.3535. A
county may incorporate a municipal or town community-based
comprehensive plan by reference.
Subd. 4. [JOINT PLANNING.] Under the joint exercise of
powers provisions in section 471.59, a county may establish a
joint planning district with other counties, municipalities, and
towns, that are geographically contiguous, to adopt a single
community-based comprehensive plan for the district. The county
may delegate its authority to adopt official controls under this
chapter, to the board of the joint planning district.
Subd. 5. [REVIEW AND COMMENT.] (a) The county or joint
planning district shall submit its community-based comprehensive
plan to the office of strategic and long-range planning for
review. The plan is deemed approved 60 days after submittal to
the office, unless the office disagrees with the plan as
provided in paragraph (c).
(b) The office may not disapprove a community-based
comprehensive plan if the office determines that the plan meets
the requirements of this section.
(c) If the office disagrees with a community-based
comprehensive plan or any elements of the plan, the office shall
notify the county or district in writing of the plan
deficiencies and suggested changes. Upon receipt of the
office's written comments, the county or district has 60 days to
revise the community-based comprehensive plan and resubmit it to
the office for reconsideration.
(d) If the county or district refuses to revise the plan or
the office disagrees with the revised plan, the office shall
within 60 days notify the county or district that it wishes to
initiate the dispute resolution process in chapter 572A.
(e) Within 30 days of notice from the office, the county or
joint planning district shall notify the office of its intent to
enter the dispute resolution process. If the county or district
refuses to enter the dispute resolution process, the county or
district shall refund any state grant received for
community-based planning activities through the office.
Subd. 6. [PLAN UPDATE.] The county board, or the board of
the joint planning district, shall review and update the
community-based comprehensive plan periodically, but at least
every ten years, and submit the updated plan to the office of
strategic and long-range planning for review and comment.
Subd. 7. [NO MANDAMUS PROCEEDING.] A mandamus proceeding
may not be instituted against a county under this section to
require the county to conform its community-based comprehensive
plan to be consistent with the community-based planning goals in
section 4A.08.
Subd. 8. [PLANNING AUTHORITY.] Nothing in this section
shall be construed to prohibit or limit a county's authority to
prepare and adopt a comprehensive plan and official controls
under this chapter.
Sec. 6. Minnesota Statutes 1996, section 394.24,
subdivision 1, is amended to read:
Subdivision 1. [ADOPTED BY ORDINANCE.] Official controls
which shall further the purpose and objectives of the
comprehensive plan and parts thereof shall be adopted by
ordinance. The comprehensive plan must provide guidelines for
the timing and sequence of the adoption of official controls to
ensure planned, orderly, and staged development and
redevelopment consistent with the comprehensive plan.
Sec. 7. Minnesota Statutes 1996, section 462.352,
subdivision 5, is amended to read:
Subd. 5. [COMPREHENSIVE MUNICIPAL PLAN.] "Comprehensive
municipal plan" means a compilation of policy statements, goals,
standards, and maps for guiding the physical, social and
economic development, both private and public, of the
municipality and its environs, including air space and
subsurface areas necessary for mined underground space
development pursuant to sections 469.135 to 469.141, and may
include, but is not limited to, the following: statements of
policies, goals, standards, a land use plan, including proposed
densities for development, a community facilities plan, a
transportation plan, and recommendations for plan execution. A
comprehensive plan represents the planning agency's
recommendations for the future development of the community.
Sec. 8. Minnesota Statutes 1996, section 462.352,
subdivision 6, is amended to read:
Subd. 6. [LAND USE PLAN.] "Land use plan" means a
compilation of policy statements, goals, standards, and maps,
and action programs for guiding the future development of
private and public property. The term includes a plan
designating types of uses for the entire municipality as well as
a specialized plan showing specific areas or specific types of
land uses, such as residential, commercial, industrial, public
or semipublic uses or any combination of such uses. A land use
plan may also include the proposed densities for development.
Sec. 9. Minnesota Statutes 1996, section 462.352, is
amended by adding a subdivision to read:
Subd. 18. [URBAN GROWTH AREA.] "Urban growth area" means
the identified area around an urban area within which there is a
sufficient supply of developable land for at least a prospective
20-year period, based on demographic forecasts and the time
reasonably required to effectively provide municipal services to
the identified area.
Sec. 10. [462.3535] [COMMUNITY-BASED PLANNING.]
Subdivision 1. [GENERAL.] Each municipality is encouraged
to prepare and implement a community-based comprehensive
municipal plan. A community-based comprehensive municipal plan
is a comprehensive plan that is consistent with the goals of
community-based planning in section 4A.08.
Subd. 2. [COORDINATION.] A municipality that prepares a
community-based comprehensive municipal plan shall coordinate
its plan with the plans, if any, of the county and the
municipality's neighbors both in order to prevent the plan from
having an adverse impact on other jurisdictions and to
complement the plans of other jurisdictions. The municipality
shall prepare its plan to be incorporated into the county's
community-based comprehensive plan, if the county is preparing
or has prepared one, and shall otherwise assist and cooperate
with the county in its community-based planning.
Subd. 3. [JOINT PLANNING.] Under the joint exercise of
powers provisions in section 471.59, a municipality may
establish a joint planning district with other municipalities or
counties that are geographically contiguous, to adopt a single
community-based comprehensive plan for the district. A
municipality may delegate its authority to adopt official
controls under sections 462.351 to 462.364, to the board of the
joint planning district.
Subd. 4. [CITIES; URBAN GROWTH AREAS.] (a) The
community-based comprehensive municipal plan for a statutory or
home rule charter city, and official controls to implement the
plan, must at a minimum, address any urban growth area
identified in a county plan and may establish an urban growth
area for the urbanized and urbanizing area. The city plan must
establish a staged process for boundary adjustment to include
the urbanized or urbanizing area within corporate limits as the
urban growth area is developed and provided municipal services.
(b) Within the urban growth area, the plan must provide for
the staged provision of urban services, including, but not
limited to, water, wastewater collection and treatment, and
transportation.
Subd. 5. [URBAN GROWTH AREA BOUNDARY ADJUSTMENT
PROCESS.] (a) After an urban growth area has been identified in
a county or city plan, a city shall negotiate, as part of the
comprehensive planning process and in coordination with the
county, an orderly annexation agreement with the townships
containing the affected unincorporated areas located within the
identified urban growth area. The agreement shall contain a
boundary adjustment staging plan that establishes a sequencing
plan over the subsequent 20-year period for the orderly growth
of the city based on its reasonably anticipated development
pattern and ability to extend municipal services into designated
unincorporated areas located within the identified urban growth
area. The city shall include the staging plan agreed upon in
the orderly annexation agreement in its comprehensive plan.
Upon agreement by the city and town, prior adopted orderly
annexation agreements may be included as part of the boundary
adjustment plan and comprehensive plan without regard to whether
the prior adopted agreement is consistent with this section.
When either the city or town requests that an existing orderly
annexation agreement affecting unincorporated areas located
within an identified or proposed urban growth area be
renegotiated, the renegotiated plan shall be consistent with
this section.
(b) After a city's community-based comprehensive plan is
approved under this section, the orderly annexation agreement
shall be filed with the municipal board or its successor
agency. Thereafter, the city may orderly annex the part or
parts of the designated unincorporated area according to the
sequencing plan and conditions contained in the negotiated
orderly annexation agreement by submitting a resolution to the
municipal board or its successor agency. The resolution shall
specify the legal description of the area designated pursuant to
the staging plan contained in the agreement, a map showing the
new boundary and its relation to the existing city boundary, a
description of and schedule for extending municipal services to
the area, and a determination that all applicable conditions in
the agreement have been satisfied. Within 30 days of receipt of
the resolution, the municipal board or its successor shall
review the resolution and if it finds that the terms and
conditions of the orderly annexation agreement have been met,
shall order the annexation. The boundary adjustment shall
become effective upon issuance of an order by the municipal
board or its successor. The municipal board or its successor
shall cause copies of the boundary adjustment order to be mailed
to the secretary of state, department of revenue, state
demographer, and the department of transportation. No further
proceedings under chapter 414 or 572A shall be required to
accomplish the boundary adjustment. This section provides the
sole method for annexing unincorporated land within an urban
growth area, unless the parties agree otherwise.
(c) If a community-based comprehensive plan is updated, the
parties shall renegotiate the orderly annexation agreement as
needed to incorporate the adjustments and shall refile the
agreement with the municipal board or its successor.
Subd. 6. [REVIEW BY ADJACENT MUNICIPALITIES; CONFLICT
RESOLUTION.] Before a community-based comprehensive municipal
plan is incorporated into the county's plan under section
394.232, subdivision 3, a municipality's community-based
comprehensive municipal plan must be coordinated with adjacent
municipalities within the county. As soon as practical after
the development of a community-based comprehensive municipal
plan, the municipality shall provide a copy of the draft plan to
adjacent municipalities within the county for review and
comment. An adjacent municipality has 30 days after receipt to
review the plan and submit written comments.
Subd. 7. [COUNTY REVIEW.] (a) If a city does not plan for
growth beyond its current boundaries, the city shall submit its
community-based comprehensive municipal plan to the county for
review and comment. A county has 60 days after receipt to
review the plan and submit written comments to the city. The
city may amend its plan based upon the county's comments.
(b) If a town prepares a community-based comprehensive
plan, it shall submit the plan to the county for review and
comment. As provided in section 394.33, the town plan may not
be inconsistent with or less restrictive than the county plan.
A county has 60 days after receipt to review the plan and submit
written comments to the town. The town may amend its plan based
on the county's comment.
Subd. 8. [COUNTY APPROVAL.] (a) If a city plans for growth
beyond its current boundaries, the city's proposed
community-based comprehensive municipal plan and proposed urban
growth area must be reviewed and approved by the county before
the plan is incorporated into the county's plan. The county may
review and provide comments on any orderly annexation agreement
during the same period of review of a comprehensive plan.
(b) Upon receipt by the county of a community-based
comprehensive plan submitted by a city for review and approval
under this subdivision, the county shall, within 60 days of
receipt of a city plan, review and approve the plan in
accordance with this subdivision. The county shall review and
approve the city plan if it is consistent with the goals stated
in section 4A.08.
(c) In the event the county does not approve the plan, the
county shall submit its comments to the city within 60 days.
The city may, thereafter, amend the plan and resubmit the plan
to the county. The county shall have an additional 60 days to
review and approve a resubmitted plan. In the event the county
and city are unable to come to agreement, either party may
initiate the dispute resolution process contained in chapter
572A. Within 30 days of receiving notice that the other party
has initiated dispute resolution, the city or county shall send
notice of its intent to enter dispute resolution. If the city
refuses to enter the dispute resolution process, it must refund
any grant received from the county for community-based planning
activities.
Subd. 9. [PLAN ADOPTION.] The municipality shall adopt and
implement the community-based comprehensive municipal plan after
the office of strategic and long-range planning has reviewed and
commented on the county's plan that incorporates the
municipality's plan. The municipality shall thereafter, where
it deems appropriate, incorporate any comments made by the
office into its plan and adopt the plan.
Subd. 10. [NO MANDAMUS PROCEEDING.] A mandamus proceeding
may not be instituted against a municipality under this section
to require the municipality to conform its community-based
comprehensive plan to be consistent with the community-based
planning goals in section 4A.08.
Sec. 11. Minnesota Statutes 1996, section 462.357,
subdivision 2, is amended to read:
Subd. 2. [GENERAL REQUIREMENTS.] At any time after the
adoption of a land use plan for the municipality, the planning
agency, for the purpose of carrying out the policies and goals
of the land use plan, may prepare a proposed zoning ordinance
and submit it to the governing body with its recommendations for
adoption. Subject to the requirements of subdivisions 3, 4 and
5, the governing body may adopt and amend a zoning ordinance by
a two-thirds vote of all its members. If the comprehensive
municipal plan is in conflict with the zoning ordinance, the
zoning ordinance supersedes the plan. The plan must provide
guidelines for the timing and sequence of the adoption of
official controls to ensure planned, orderly, and staged
development and redevelopment consistent with the plan.
Sec. 12. [473.1455] [METROPOLITAN DEVELOPMENT GUIDE
GOALS.]
The metropolitan council shall amend the metropolitan
development guide, as necessary, to reflect and implement the
community-based planning goals in section 4A.08. The office of
strategic and long-range planning shall review and comment on
the metropolitan development guide. The council may not approve
local comprehensive plans or plan amendments after July 1, 1999,
until the metropolitan council has received and considered the
comments of the office of strategic and long-range planning.
Sec. 13. [ADVISORY COUNCIL ON COMMUNITY-BASED PLANNING.]
Subdivision 1. [ESTABLISHMENT; PURPOSE.] An advisory
council on community-based planning is established to provide a
forum for discussion and development of the framework for
community-based planning and the incentives and tools to
implement the plans.
Subd. 2. [DUTIES.] The advisory council shall propose
legislation for the 1998 legislative session relating to the
framework to implement community-based planning. The advisory
council shall:
(1) develop a model process to involve citizens in
community-based planning from the beginning of the planning
process;
(2) hold meetings statewide to solicit advice and
information on how to implement community-based planning;
(3) develop specific, measurable criteria by which plans
will be reviewed for consistency with the goals in Minnesota
Statutes, section 4A.08, and commented on by the office of
strategic and long-range planning;
(4) recommend a procedure for review and comment on
community-based plans;
(5) recommend a process for coordination of plans among
local jurisdictions;
(6) recommend an alternative dispute resolution method for
citizens and local governments to use to challenge proposed
plans or the implementation of plans;
(7) recommend incentives to encourage state agencies to
implement the goals of community-based planning;
(8) recommend incentives for local governments to develop
community-based plans, including for example, assistance with
computerized geographic information systems, builders' remedies
and density bonuses, and revised permitting processes;
(9) describe the tools and strategies that a county, city,
or town may use to achieve the goals, including, but not limited
to, densities, urban growth areas, purchase or transfer of
development rights programs, public investment surcharges,
transit and transit-oriented development, and zoning and other
official controls;
(10) recommend the time frame in which the community-based
plans must be completed;
(11) consider the need for ongoing stewardship and
oversight of sustainable development initiatives and the
community-based planning process;
(12) review and recommend changes to the community-based
planning framework established in this act; and
(13) make other recommendations to implement
community-based planning as the advisory council determines
would be necessary or helpful in achieving the goals.
Subd. 3. [MEMBERSHIP.] The advisory council consists of 18
voting members who serve at the pleasure of the appointing
authority as follows:
(1) two members of the majority caucus of the house of
representatives appointed by the speaker, and two members of the
minority caucus appointed by the minority leader;
(2) four members of the senate appointed by the
subcommittee on committees of the committee on rules and
administration of the senate, two of whom shall be members of
the minority caucus;
(3) the director, or the director's designee, of the office
of strategic and long-range planning;
(4) three public members, at least one of whom must be
knowledgeable about and have experience in local government
issues or planning, appointed by the speaker of the house of
representatives;
(5) three public members, at least one of whom must be
knowledgeable about and have experience in local government
issues or planning, appointed by the subcommittee on committees
of the committee on rules and administration of the senate; and
(6) three public members, at least one of whom must be
knowledgeable about and have experience in local government
issues or planning, appointed by the governor.
The commissioners, or their designees, of the departments
of natural resources, agriculture, transportation, and trade and
economic development, and the chair, or the chair's designee, of
the metropolitan council shall serve as ex-officio members.
The advisory council may form an executive committee to
facilitate the work of the council.
Subd. 4. [FIRST MEETING; CHAIR.] The director of the
office of strategic and long-range planning, or the director's
designee, shall convene the first meeting of the advisory
council. At its first meeting, the advisory council shall
select from among its members a person to serve as chair.
Subd. 5. [ADMINISTRATION.] The office of strategic and
long-range planning, with assistance from other state agencies
and the metropolitan council as needed, shall provide
administrative and staff assistance to the advisory council.
The attorney general shall provide advice on legal issues to the
advisory council.
Subd. 6. [EXPENSES.] The office of strategic and
long-range planning shall compensate members of the advisory
council. Members shall receive per diem and expenses as
provided by Minnesota Statutes, section 15.059, subdivision 3.
Subd. 7. [EXPIRATION.] This section expires June 30, 1998.
Sec. 14. [CITATION.]
Sections 1 to 13 may be cited as the "Community-based
Planning Act."
Sec. 15. [APPLICATION.]
Section 12 applies in the counties of Anoka, Carver,
Dakota, Hennepin, Ramsey, Scott, and Washington.
Sec. 16. [PILOT PROJECTS ESTABLISHED.]
The office of strategic and long-range planning shall
establish community-based comprehensive land use planning pilot
projects as specified in sections 17 to 21.
Sec. 17. [PLAN SUBMITTAL; REVIEW.]
A county or joint planning district participating in a
pilot project must prepare a community-based comprehensive plan
as specified in Minnesota Statutes, section 394.232. The county
or joint powers board must submit the plan to the office of
strategic and long-range planning within 24 months of the
county's or district's selection as a pilot project. The office
shall review each plan to determine if it is consistent with the
community-based planning goals in Minnesota Statutes, section
4A.08. The office shall complete its review and comment as
specified in Minnesota Statutes, section 394.232, subdivision 5.
Sec. 18. [PLAN CONTENT.]
Subdivision 1. [GOALS.] The plan must address the
community-based planning goals in Minnesota Statutes, section
4A.08.
Subd. 2. [MUNICIPAL AND TOWN PLAN INCORPORATION.] The plan
must incorporate the community-based comprehensive plan of each
municipality and town in the county. Incorporation of a
municipal or town plan is sufficient if the county or joint
powers board adopts a resolution approving and incorporating by
reference the plan or any subsequent amendments to the plan.
Subd. 3. [URBAN GROWTH AREAS.] The plan must identify,
establish, and address urban growth areas, as defined in
Minnesota Statutes, section 462.352, subdivision 18, within the
county. The land outside an urban growth area must be zoned as
permanent rural or agricultural land, or other appropriate land
use, and must be maintained at density levels consistent with
those uses. The plan must also identify the density at which
the municipality wishes to develop.
Subd. 4. [EXISTING PLANS.] If the county has a previously
adopted plan, the county board or joint powers board shall
review, update, and submit to the office of strategic and
long-range planning a revised plan and official controls meeting
the requirements of this section, including the community-based
comprehensive municipal plan for each municipality or town in
the county, if any, within 24 months of the county's or
district's selection as a pilot project.
Sec. 19. [COORDINATION WITH ADJACENT COUNTIES.]
Before submitting the community-based comprehensive plan to
the office of strategic and long-range planning, the county or
joint powers board shall coordinate its plan with adjacent
counties. The adjacent counties shall review and submit written
comments on the proposed plan to the board within 60 days of
receiving the plan.
Sec. 20. [COORDINATION WITH METROPOLITAN COUNCIL.]
A county or joint planning district adjacent to the
metropolitan area shall coordinate its plan with the
metropolitan council, in relation to the council's development
guide.
The county or joint planning district shall not submit its
plan to the office of strategic and long-range planning until
the metropolitan council has had 60 days for review and comment
on the plan.
Sec. 21. [LIMITATION ON PLAN AMENDMENT.]
The county or joint powers board shall not amend its plan
for an area inside an urban growth area that is outside a
municipality's jurisdiction without the municipality's approval.
Sec. 22. [EFFECTIVE DATE.]
This article is effective the day following final enactment.
ARTICLE 5
MUNICIPAL BOARD
Section 1. Minnesota Statutes 1996, section 115.49, is
amended by adding a subdivision to read:
Subd. 2a. [EXTENSION OF SERVICE.] If a determination or
order is made by the pollution control agency under this section
that cooperation by contract is necessary and feasible between a
municipality and an unincorporated area located outside the
existing corporate limits of a municipality, the municipality
being required to provide or extend through a contract a
governmental service to an unincorporated area, during the
statutory 90-day period provided in this section to formulate a
contract, may in the alternative to formulating a service
contract to provide or extend the service, declare the
unincorporated area as described in the pollution control
agency's determination letter or order annexed to the
municipality under section 414.0335.
Sec. 2. Minnesota Statutes 1996, section 414.0325,
subdivision 1, is amended to read:
Subdivision 1. [INITIATING THE PROCEEDING.] One or more
townships and one or more municipalities, by joint resolution,
may designate an unincorporated area as in need of orderly
annexation. The joint resolution will confer jurisdiction on
the board over annexations in the designated area and over the
various provisions in said agreement by submission of said joint
resolution to the executive director. The resolution shall
include a description of the designated area and the reasons for
designation. Thereafter, an annexation of any part of the
designated area may be initiated by:
(1) submitting to the executive director a resolution of
any signatory to the joint resolution; or
(2) the board of its own motion; or
(3) as provided in section 414.033, subdivision 2a.
Whenever the pollution control agency or other a state
agency pursuant to sections 115.03, 115.071, 115.49, or any law
giving a state agency similar powers other than the pollution
control agency, orders a municipality to extend a municipal
service to an area, such an order will confer jurisdiction on
the Minnesota municipal board to consider designation of the
area for orderly annexation.
If a joint resolution designates an area as in need of
orderly annexation and states that no alteration of its stated
boundaries is appropriate, the board may review and comment, but
may not alter the boundaries.
If a joint resolution designates an area as in need of
orderly annexation, provides for the conditions for its
annexation, and states that no consideration by the board is
necessary, the board may review and comment, but shall, within
30 days, order the annexation in accordance with the terms of
the resolution.
Sec. 3. Minnesota Statutes 1996, section 414.033,
subdivision 2b, is amended to read:
Subd. 2b. [NOTICE REQUIRED.] Before a municipality may
adopt an ordinance under subdivision 2, clause (2), (3), or (4),
or subdivision 2a, a municipality must hold a public hearing and
give 30 days' written notice by certified mail to the town or
towns affected by the proposed ordinance and to all landowners
within and contiguous to the area to be annexed.
Sec. 4. Minnesota Statutes 1996, section 414.033,
subdivision 11, is amended to read:
Subd. 11. [FLOODPLAIN; SHORELAND AREA.] When a
municipality declares land annexed to the municipality under
subdivision 2, clause (3), or subdivision 2a, and the land is
within a designated floodplain, as provided by section 103F.111,
subdivision 4, or a shoreland area, as provided by section
103F.205, subdivision 4, the municipality shall adopt or amend
its land use controls to conform to chapter 103F, and any new
development of the annexed land shall be subject to chapter 103F.
Sec. 5. Minnesota Statutes 1996, section 414.033,
subdivision 12, is amended to read:
Subd. 12. [PROPERTY TAXES.] When a municipality annexes
land under subdivision 2, clause (2), (3), or (4), or
subdivision 2a, property taxes payable on the annexed land shall
continue to be paid to the affected town or towns for the year
in which the annexation becomes effective. Thereafter, property
taxes on the annexed land shall be paid to the municipality. In
the first year following the year the land was annexed, the
municipality shall make a cash payment to the affected town or
towns in an amount equal to 90 percent of the property taxes
paid in the year the land was annexed; in the second year, an
amount equal to 70 percent of the property taxes paid in the
year the land was annexed; in the third year, an amount equal to
50 percent of the property taxes paid in the year the land was
annexed; in the fourth year, an amount equal to 30 percent of
the property taxes paid in the year the land was annexed; and in
the fifth year, an amount equal to ten percent of the property
taxes paid in the year the land was annexed. The municipality
and the affected township may agree to a different payment.
Sec. 6. [414.0335] [ORDERED GOVERNMENTAL SERVICE
EXTENSION; ANNEXATION BY ORDINANCE.]
If a determination or order by the pollution control
agency, under section 115.49 or other similar statute is made,
that cooperation by contract is necessary and feasible between a
municipality and an unincorporated area located outside the
existing corporate limits of a municipality, the municipality
required to provide or extend through a contract a governmental
service to an unincorporated area, during the statutory 90-day
period provided in section 115.49 to formulate a contract, may
in the alternative to formulating a service contract to provide
or extend the service, declare the unincorporated area described
in the pollution control agency's determination letter or order
annexed to the municipality by adopting an ordinance and
submitting it to the municipal board or its successor. The
municipal board or its successor may review and comment on the
ordinance but shall approve the ordinance within 30 days of
receipt. The ordinance is final and the annexation is effective
on the date the municipal board or its successor approves the
ordinance. Thereafter, the city shall amend its comprehensive
plan and official controls in accordance with chapter 462.
Sec. 7. [414.10] [ALTERNATIVE PROCESS OF DISPUTE
RESOLUTION.]
Subdivision 1. [DEFINITION.] For the purposes of
subdivision 2, a "party" or "parties" means a property owner or
the governing body or town board of a jurisdiction that files an
initiating document or a timely objection pursuant to this
chapter, and the governing body or town board of the
jurisdiction or jurisdictions in which the subject area is
located.
Subd. 2. [CHAPTER 572A PROCESS.] As an alternative to the
procedure provided by this chapter, a party filing an initiating
document or timely objection with the municipal board may file
with the bureau of mediation services a written request for
mediation within 30 days of the filing as provided in section
572A.015. The request for mediation must contain the written
consent of all parties to have the dispute settled through the
process provided by chapter 572A. The filing party must also
file written notice with the municipal board notifying the board
that all parties have agreed to use the dispute resolution
process in chapter 572A.
Sec. 8. [414.11] [MUNICIPAL BOARD SUNSET.]
The municipal board shall terminate on December 31, 1999,
and all of its authority and duties under this chapter shall be
transferred to the office of strategic and long-range planning
according to section 15.039.
Sec. 9. [REPEALER.]
Minnesota Statutes 1996, section 414.033, subdivision 2a,
is repealed.
Sec. 10. [EFFECTIVE DATE.]
Sections 1 to 8 are effective the day following final
enactment. Section 9 is effective July 1, 1997.
ARTICLE 6
DISPUTE RESOLUTION
Section 1. [572A.01] [COMPREHENSIVE PLANNING DISPUTES;
MEDIATION.]
Subdivision 1. [FILING.] In the event of a dispute between
a county and the office of strategic and long-range planning
under section 394.232 or a county and a city under section
462.3535, regarding the development, content, or approval of a
community-based comprehensive land use plan, an aggrieved party
may file a written request for mediation, as provided in
subdivision 2, with the bureau of mediation services at any time
prior to a final action on a community-based comprehensive plan
or within 30 days of a final action on a community-based
comprehensive plan.
Subd. 2. [MEDIATION.] Within ten days of receiving a
request for mediation in subdivision 1, the bureau of mediation
services shall provide written notice of the request for
mediation to the parties and provide a list of neutrals
experienced in land use planning or local government issues
obtained from the supreme court, Minnesota municipal board,
bureau of mediation services, Minnesota state bar association,
Hennepin county bar association, office of dispute resolution,
and others. Within 30 days thereafter, the affected parties
shall select a mediator from the list of neutrals or someone
else acceptable to the parties and submit to mediation for a
period of 30 days facilitated by the bureau. If the dispute
remains unresolved after the close of the 30-day mediation
period, the bureau shall prepare a report of its recommendations
and transmit the report within 30 days to the parties. Within
60 days after the date of issuance of the mediator's report, the
dispute shall be submitted to binding arbitration as provided in
this chapter. The mediator's report submitted to the parties is
informational only and is not admissible in arbitration.
Sec. 2. [572A.015] [CHAPTER 414 DISPUTES; MEDIATION.]
Subdivision 1. [FILING.] As provided by section 414.10, if
an initiating document or timely objection under chapter 414 is
filed with the municipal board, the filing party, jurisdiction,
or jurisdictions may also file a written request for mediation
with the bureau of mediation services within 30 days of filing
the initiating document or timely objection. The request for
mediation must contain the written consent to the mediation and
arbitration process by all the parties, as defined in section
414.10, subdivision 1.
Subd. 2. [MEDIATION.] Within ten days of receiving a
request for mediation, the bureau shall provide written notice
of the request for mediation to the parties and provide a list
of neutrals experienced in land use planning and local
government issues obtained from the supreme court, Minnesota
municipal board, bureau of mediation services, Minnesota state
bar association, Hennepin county bar association, office of
dispute resolution and others. Within 30 days thereafter, the
affected parties, as defined in section 414.10, subdivision 1,
shall select a mediator from the list of neutrals or someone
else acceptable to the parties and submit to mediation for a
period of 30 days facilitated by the bureau. If the dispute
remains unresolved after the close of the 30-day mediation
period, the bureau shall prepare a report of its recommendations
and transmit the report within 30 days to the parties. Within
60 days after the date of issuance of the mediator's report, the
dispute shall be submitted to binding arbitration as provided in
this chapter. The mediator's report submitted to the parties is
informational only and is not admissible in arbitration.
Sec. 3. [572A.02] [ARBITRATION.]
Subdivision 1. [SUBMITTAL TO BINDING ARBITRATION.] If a
dispute remains unresolved after the close of mediation, the
dispute shall be submitted to binding arbitration within 60 days
of issuance of the mediation report pursuant to the terms of
this section and the Uniform Arbitration Act, sections
572.08-572.30, except the period may be extended for an
additional 15 days as provided in this section. In the event of
a conflict between the provisions of the Uniform Arbitration Act
and this section, this section controls.
Subd. 2. [APPOINTMENT OF PANEL.] (a) The parties shall
each appoint one qualified arbitrator within 30 days of issuance
of the mediation report. If a party does not appoint an
arbitrator within 30 days, the bureau of mediation services
shall appoint a qualified arbitrator from the list of neutrals
under sections 572A.01, subdivision 2, and 572A.015, subdivision
2, or someone else for the party. The parties shall notify the
bureau prior to the close of the 30-day appointment period of
the name and address of their respective appointed arbitrator.
Each party is responsible for the fees and expenses for the
arbitrator it selects.
(b) After appointment of the two arbitrators to the
arbitration panel by the parties, or by the bureau should one or
both of the parties fail to act, the two appointed arbitrators
shall appoint a third arbitrator who must be learned in the law,
within 15 days of the close of the initial 30-day arbitrator
appointment period. If the arbitrators cannot agree on the
selection of the third arbitrator within 15 days, the
arbitrators shall jointly submit a request to the district court
of the county in which the disputed area is located in
accordance with the selection procedures established in section
572.10. Within 15 days of receipt of an application by the
district court, the district court shall select a neutral
arbitrator and notify the parties and the bureau of mediation
services of the name and address of the selected arbitrator.
The fees and expenses of the third arbitrator shall be shared
equally by the parties. The third appointed arbitrator shall
act as chair of the arbitration panel and shall conduct the
proceedings. If the district court selects the third
arbitrator, the date required for first hearing the matter may
be extended an additional 15 days.
Subd. 3. [HEARING.] Except as otherwise provided, within
60 days, the matter must be brought on for hearing in accordance
with section 572.12. The bureau of mediation services shall
provide for the proceedings to occur in the county in which the
majority of the affected property is located.
Subd. 4. [CONTRACTS; INFORMATION.] The arbitration panel
shall have authority to contract with regional, state, county,
or local planning commissions or to hire expert consultants to
provide specialized information and assistance. Any member of
the panel conducting or participating in any hearing shall have
the power to administer oaths and affirmations, to issue
subpoenas, to compel the attendance and testimony of witnesses,
and the production of papers, books, and documents. Any costs
related to this subdivision shall be shared equally by the
parties.
Subd. 5. [DECISION FACTORS.] In comprehensive planning
disputes, the arbitration panel shall consider the goals stated
in section 4A.08 and the following factors in making a
decision. In all other disputes brought under this section, the
arbitration panel shall consider the following factors in making
a decision:
(1) present population and number of households, past
population, and projected population growth of the subject area
and adjacent units of local government;
(2) quantity of land within the subject area and adjacent
units of local government; and natural terrain including
recognizable physical features, general topography, major
watersheds, soil conditions, and such natural features as
rivers, lakes and major bluffs;
(3) degree of contiguity of the boundaries between the
municipality and the subject area;
(4) present pattern of physical development, planning, and
intended land uses in the subject area and the municipality
including residential, industrial, commercial, agricultural, and
institutional land uses and the impact of the proposed action on
those land uses;
(5) the present transportation network and potential
transportation issues, including proposed highway development;
(6) land use controls and planning presently being utilized
in the municipality and the subject area, including
comprehensive plans for development in the area and plans and
policies of the metropolitan council, and whether there are
inconsistencies between proposed development and existing land
use controls and the reasons therefore;
(7) existing levels of governmental services being provided
in the municipality and the subject area, including water and
sewer service, fire rating and protection, law enforcement,
street improvements and maintenance, administrative services,
and recreational facilities and the impact of the proposed
action on the delivery of said services;
(8) existing or potential environmental problems and
whether the proposed action is likely to improve or resolve
these problems;
(9) plans and programs by the municipality for providing
needed governmental services to the subject area;
(10) an analysis of the fiscal impact on the municipality,
the subject area, and adjacent units of local government,
including net tax capacity and the present bonded indebtedness,
and the local tax rates of the county, school district, and
township;
(11) relationship and effect of the proposed action on
affected and adjacent school districts and communities;
(12) adequacy of town government to deliver services to the
subject area;
(13) analysis of whether necessary governmental services
can best be provided through the proposed action or another type
of boundary adjustment; and
(14) if only a part of a township is annexed, the ability
of the remainder of the township to continue or the feasibility
of it being incorporated separately or being annexed to another
municipality.
Any party to the proceeding may present evidence and testimony
on any of the above factors at the hearing on the matter.
Subd. 6. [DECISION.] The arbitrators, after a hearing on
the matter, shall make a decision regarding the dispute within
60 days and transmit an order to the parties and the office of
strategic and long-range planning or the municipal board.
Unless appealed by an aggrieved party within 30 days of receipt
of the arbitration panel's order by the municipal board, the
municipal board shall execute an order in accordance with the
arbitration panel's order and shall cause copies of the same to
be mailed to all parties entitled to mailed notice, the
secretary of state, the department of revenue, the state
demographer, individual property owners if initiated in that
manner, the affected county auditor, and any other party of
record. The affected county auditor shall record the order
against the affected property.
Sec. 4. [572A.03] [ARBITRATION PANEL DECISION STANDARDS.]
Subdivision 1. [DECISION STANDARDS.] The arbitration
panel, based upon the factors in section 572A.02, subdivision 5,
shall decide the matter based upon the decision standards in
subdivisions 2 to 6.
Subd. 2. [COMPREHENSIVE LAND USE PLANNING.] For
comprehensive land use planning disputes under section 462.3535,
if a community-based comprehensive plan addresses the goals of
section 4A.08 and the arbitrators find that the city's projected
estimates found in its comprehensive plan are reasonable with
respect to an identified urban growth area, the arbitration
panel may order approval of the city plan. If the order is to
approve the community-based comprehensive plan, the order shall
contain notice directing the county to approve the city plan
within ten days of receipt of the arbitration order. The city
shall, thereafter, adopt the plan. If the order is to deny the
plan, the arbitration order shall state the reasons for the
denial in the order and transmit the order to the city, county,
and the office of strategic and long-range planning. The city
shall within 30 days of receipt of the order amend its plan and
resubmit the plan to the county for review and approval under
this subdivision. The county shall not unreasonably withhold
approval of the plan if the resubmitted city plan is in keeping
with the arbitration panel's order.
Subd. 3. [MUNICIPAL INCORPORATIONS.] For municipal
incorporations under section 414.02, the arbitration panel may
order the incorporation if it finds that: (1) the property to
be incorporated is now, or is about to become, urban or suburban
in character; (2) that the existing township form of government
is not adequate to protect the public health, safety, and
welfare; or (3) the proposed incorporation would be in the best
interests of the area under consideration. The panel may deny
the incorporation if the area, or a part of it, would be better
served by annexation to an adjacent municipality. The panel may
alter the boundaries of the proposed incorporation by increasing
or decreasing the area to be incorporated so as to include only
that property which is now, or is about to become, urban or
suburban in character, or may exclude property that may be
better served by another unit of government. The panel may also
alter the boundaries of the proposed incorporation so as to
follow visible, clearly recognizable physical features for
municipal boundaries. In all cases, the panel shall set forth
the factors which are the basis for the decision.
Subd. 4. [ANNEXATIONS OF UNINCORPORATED PROPERTY.] For
annexations of unincorporated property under section 414.031 or
414.033, subdivisions 3 and 5, the arbitration panel may order
the annexation: (1) if it finds that the subject area is now,
or is about to become, urban or suburban in character; (2) if it
finds that municipal government in the area proposed for
annexation is required to protect the public health, safety, and
welfare; or (3) if it finds that the annexation would be in the
best interest of the subject area. If only a part of a township
is to be annexed, the panel shall consider whether the remainder
of the township can continue to carry on the functions of
government without undue hardship. The panel shall deny the
annexation if it finds that the increase in revenues for the
annexing municipality bears no reasonable relation to the
monetary value of benefits conferred upon the annexed area. The
panel may deny the annexation: (1) if it appears that
annexation of all or a part of the property to an adjacent
municipality would better serve the interests of the residents
of the property; or (2) if the remainder of the township would
suffer undue hardship.
The panel may alter the boundaries of the area to be
annexed by increasing or decreasing the area so as to include
only that property which is now or is about to become urban or
suburban in character or to add property of that character
abutting the area proposed for annexation in order to preserve
or improve the symmetry of the area, or to exclude property that
may better be served by another unit of government. The panel
may also alter the boundaries of the proposed annexation so as
to follow visible, clearly recognizable physical features. If
the panel determines that part of the area would be better
served by another municipality or township, the panel may
initiate and approve annexation on its own motion by conducting
further hearings. In all cases, the arbitration panel shall set
forth the factors that are the basis for the decision.
Subd. 5. [ORDERLY ANNEXATIONS WITHIN A DESIGNATED
AREA.] For orderly annexations within a designated area under
section 414.0325, which require a hearing, the arbitration panel
may order the annexation: (1) if it finds that the subject area
is now or is about to become urban or suburban in character and
that the annexing municipality is capable of providing the
services required by the area within a reasonable time; (2) if
it finds that the existing township form of government is not
adequate to protect the public health, safety, and welfare; or
(3) if it finds that annexation would be in the best interests
of the subject area. The board may deny the annexation if it
conflicts with any provision of the joint agreement. The board
may alter the boundaries of the proposed annexation by
increasing or decreasing the area so as to include that property
within the designated area which is in need of municipal
services or will be in need of municipal services.
If the annexation is denied, no proceeding for the
annexation of substantially the same area may be initiated
within two years from the date of the board's order unless the
new proceeding is initiated by a majority of the area's property
owners and the petition is supported by affected parties to the
resolution. In all cases, the arbitration panel shall set forth
the factors which are the basis for the decision.
Subd. 6. [CONSOLIDATION OF MUNICIPALITIES.] For municipal
consolidations under section 414.041, the arbitration panel
shall consider and may accept, amend, return to the commission
for amendment or further study, or reject the commission's
findings and recommendations based upon the panel's written
determination of what is in the best interests of the affected
municipalities. The panel shall order the consolidation if it
finds that consolidation will be for the best interests of the
municipalities. In all cases, the arbitration panel shall set
forth the factors that are the basis for the decision.
Subd. 7. [DETACHMENT OF PROPERTY FROM A MUNICIPALITY.] For
detachments of property from a municipality under section
414.06, the arbitration panel may order the detachment if it
finds that the requisite number of property owners have signed
the petition if initiated by the property owners, that the
property is rural in character and not developed for urban
residential, commercial, or industrial purposes, that the
property is within the boundaries of the municipality and abuts
a boundary, that the detachment would not unreasonably affect
the symmetry of the detaching municipality, and that the land is
not needed for reasonably anticipated future development. The
panel shall deny the detachment if it finds that the remainder
of the municipality cannot continue to carry on the functions of
government without undue hardship. The panel shall have
authority to decrease the area of property to be detached and
may include only a part of the proposed area to be detached. If
the tract abuts more than one township, it shall become a part
of each township, being divided by projecting through it the
boundary line between the townships. The detached area may be
relieved of the primary responsibility for existing indebtedness
of the municipality and be required to assume the indebtedness
of the township of which it becomes a part, in the proportion
that the panel deems just and equitable considering the amount
of taxes due and delinquent and the indebtedness of each
township and the municipality affected, if any, and for what
purpose the indebtedness was incurred, in relation to the
benefit inuring to the detached area as a result of the
indebtedness and the last net tax capacity of the taxable
property in each township and municipality.
Subd. 8. [CONCURRENT DETACHMENT AND ANNEXATION OF
INCORPORATED PROPERTY.] For concurrent detachment and annexation
of incorporated property under section 414.061, subdivisions 4
and 5, the arbitration panel shall order the proposed action if
it finds that it will be for the best interests of the
municipalities and the property owner. In all cases, the
arbitration panel shall set forth the factors which are the
basis for the decision.
Sec. 5. [EFFECTIVE DATE.]
This article is effective the day following final enactment.
Presented to the governor May 27, 1997
Signed by the governor May 30, 1997, 1:35 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes