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Minnesota Session Laws - 1998, 1st Special Session
Key: (1) language to be deleted (2) new language
CHAPTER 1-S.F.No. 2
An act relating to the operation of state government;
creating the Minnesota family assets for independence
pilot project; appropriating money for economic
development, housing, family and early childhood, and
related programs; modifying community action program
provisions; modifying various programs and projects;
providing for a grant limit exception; amending
Minnesota Statutes 1996, sections 16B.06, subdivision
2; 115C.09, by adding a subdivision; 268.52,
subdivisions 1 and 2; 268.54, subdivision 2; 383B.79,
subdivision 1, and by adding a subdivision; and
469.303; Minnesota Statutes 1997 Supplement, sections
115C.09, subdivision 3f; 116J.421, subdivision 1, and
by adding a subdivision; 179A.03, subdivision 7; and
268.53, subdivision 5; Laws 1997, chapters 162,
article 4, section 63, subdivision 2; 248, section 47,
subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
COMMUNITY ACTION PROGRAMS
Section 1. Minnesota Statutes 1996, section 268.52,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORIZATION.] The commissioner of
economic security children, families, and learning may provide
financial assistance for community action agencies, Indian
reservations and the statewide migrant seasonal farmworker
organization known as the Minnesota migrant council, and migrant
and seasonal farmworker organizations to carry out community
action programs as described in section 268.54 in accordance
with the omnibus reconciliation act of 1981, Public Law Number
97-35, as amended in 1984, Public Law Number 98-558, state law,
and federal law and regulation.
Sec. 2. Minnesota Statutes 1996, section 268.52,
subdivision 2, is amended to read:
Subd. 2. [ALLOCATION OF MONEY.] (a) State money
appropriated and community service block grant money allotted to
the state and all money transferred to the community service
block grant from other block grants shall be allocated annually
to community action agencies and Indian reservation governments
under clauses (b) and (c), and to the Minnesota migrant council
migrant and seasonal farmworker organizations under clause (d).
(b) The available annual money will provide base funding to
all community action agencies and the Indian reservations. Base
funding amounts per agency are as follows: for agencies with
low income populations up to 3,999, $25,000; 4,000 to 23,999,
$50,000; and 24,000 or more, $100,000.
(c) All remaining money of the annual money available after
the base funding has been determined must be allocated to each
agency and reservation in proportion to the size of the poverty
level population in the agency's service area compared to the
size of the poverty level population in the state.
(d) Allocation of money to the Minnesota migrant council
migrant and seasonal farmworker organizations must not exceed
three percent of the total annual money available. Base funding
allocations must be made for all community action agencies and
Indian reservations that received money under this subdivision,
in fiscal year 1984, and for community action agencies
designated under this section with a service area population of
35,000 or greater.
Sec. 3. Minnesota Statutes 1997 Supplement, section
268.53, subdivision 5, is amended to read:
Subd. 5. [FUNCTIONS; POWERS.] A community action agency
shall:
(a) Plan systematically for an effective community action
program; develop information as to the problems and causes of
poverty in the community; determine how much and how effectively
assistance is being provided to deal with those problems and
causes; and establish priorities among projects, activities and
areas as needed for the best and most efficient use of
resources;
(b) Encourage agencies engaged in activities related to the
community action program to plan for, secure, and administer
assistance available under section 268.52 or from other sources
on a common or cooperative basis; provide planning or technical
assistance to those agencies; and generally, in cooperation with
community agencies and officials, undertake actions to improve
existing efforts to reduce poverty, such as improving day-to-day
communications, closing service gaps, focusing resources on the
most needy, and providing additional opportunities to low-income
individuals for regular employment or participation in the
programs or activities for which those community agencies and
officials are responsible;
(c) Initiate and sponsor projects responsive to needs of
the poor which are not otherwise being met, with particular
emphasis on providing central or common services that can be
drawn upon by a variety of related programs, developing new
approaches or new types of services that can be incorporated
into other programs, and filling gaps pending the expansion or
modification of those programs;
(d) Establish effective procedures by which the poor and
area residents concerned will be enabled to influence the
character of programs affecting their interests, provide for
their regular participation in the implementation of those
programs, and provide technical and other support needed to
enable the poor and neighborhood groups to secure on their own
behalf available assistance from public and private sources;
(e) Join with and encourage business, labor and other
private groups and organizations to undertake, together with
public officials and agencies, activities in support of the
community action program which will result in the additional use
of private resources and capabilities, with a view to developing
new employment opportunities, stimulating investment that will
have a measurable impact on reducing poverty among residents of
areas of concentrated poverty, and providing methods by which
residents of those areas can work with private groups, firms,
and institutions in seeking solutions to problems of common
concern.
Community action agencies, the Minnesota migrant council
migrant and seasonal farmworker organizations, and the Indian
reservations, may enter into cooperative purchasing agreements
and self-insurance programs with local units of government.
Nothing in this section expands or limits the current private or
public nature of a local community action agency.
(f) Adopt policies that require the agencies to refer area
residents and community action program constituents to education
programs that increase literacy, improve parenting skills, and
address the needs of children from families in poverty. These
programs include, but are not limited to, early childhood family
education programs, adult basic education programs, and other
life-long learning opportunities. The agencies and agency
programs, including Head Start, shall collaborate with child
care and other early childhood education programs to ensure
smooth transitions to work for parents.
Sec. 4. Minnesota Statutes 1996, section 268.54,
subdivision 2, is amended to read:
Subd. 2. [COMPONENTS.] The components of a community
action program shall be designed to assist participants,
including homeless individuals and families, migrant and
seasonal farmworkers, and the elderly poor to achieve increased
self-sufficiency and greater participation in the affairs of the
community by providing services and programs not sufficiently
provided in the community by any governmental unit, any public
institution, or any other publicly funded agency or
corporation. Community action agencies, governmental units,
public institutions or other publicly funded agencies or
corporations shall consult on whether or not a program or
service is sufficiently provided in the community.
Sec. 5. Laws 1997, chapter 248, section 47, subdivision 1,
is amended to read:
Subdivision 1. [INTERIM AGE GROUPINGS; FAMILY DAY CARE.]
Notwithstanding Minnesota Rules, part 9502.0315, subparts 22, 28
and 30, until June 30, 1998 1999, for the purposes of family day
care and group family day care licensure the following
definitions apply:
(1) "Preschooler" means a child who is at least 24 months
old up to the age of being eligible to enter kindergarten within
the next four months.
(2) "Toddler" means a child who is at least 12 months old
but less than 24 months old, except that for purposes of
specialized infant and toddler family and group family day care,
"toddler" means a child who is at least 12 months old but less
than 30 months old.
(3) "School age" means a child who is at least of
sufficient age to have attended the first day of kindergarten,
or is eligible to enter kindergarten within the next four
months, but is younger than 11 years of age.
Sec. 6. [MINNESOTA FAMILY ASSETS FOR INDEPENDENCE PILOT
PROJECT ESTABLISHMENT.]
The Minnesota family assets for independence initiative is
established to provide incentives for low-income families to
accrue assets for education, housing, and economic development
purposes.
Sec. 7. [DEFINITIONS.]
Subdivision 1. [APPLICATION.] The definitions in this
section apply to sections 6 to 12.
Subd. 2. [FAMILY ASSET ACCOUNT.] "Family asset account"
means a savings account opened by a household participating in
the Minnesota family assets for independence initiative.
Subd. 3. [COMMISSIONER.] "Commissioner" means the
commissioner of children, families, and learning.
Subd. 4. [FIDUCIARY ORGANIZATION.] "Fiduciary organization"
means:
(1) a community action agency that has obtained recognition
under section 268.53;
(2) a federal community development credit union serving
the seven-county metropolitan area; or
(3) a women-oriented economic development agency serving
the seven-county metropolitan area.
Subd. 5. [FINANCIAL INSTITUTION.] "Financial institution"
means a bank, bank and trust, savings bank, savings association,
or credit union, the deposits of which are insured by the
Federal Deposit Insurance Corporation or the National Credit
Union Administration.
Subd. 6. [PERMISSIBLE USE.] "Permissible use" means:
(1) post-secondary educational expenses at an accredited
public post-secondary institution including books, supplies, and
equipment required for courses of instruction;
(2) acquisition costs of acquiring, constructing, or
reconstructing a residence, including any usual or reasonable
settlement, financing, or other closing costs;
(3) business capitalization expenses for expenditures on
capital, plant, equipment, working capital, and inventory
expenses of a legitimate business pursuant to a business plan
approved by the fiduciary organization; and
(4) acquisition costs of a principal residence within the
meaning of section 1034 of the Internal Revenue Code of 1986
which do not exceed 100 percent of the average area purchase
price applicable to the residence determined according to
section 143(e)(2) and (3) of the Internal Revenue Code of 1986.
Subd. 7. [HOUSEHOLD.] "Household" means all individuals
who share use of a dwelling unit as primary quarters for living
and eating separate from other individuals.
Sec. 8. [GRANTS AWARDED.]
The commissioner shall allocate funds to participating
fiduciary organizations to provide family asset services. Grant
awards must be based on a plan submitted by a statewide
organization representing fiduciary organizations. The
statewide organization must ensure that any interested
unrepresented fiduciary organization have input into the
development of the plan. The plan must equitably distribute
funds to achieve geographic balance and document the capacity of
participating fiduciary organizations to manage the program and
to raise the private match.
Sec. 9. [DUTIES.]
A participating fiduciary organization must:
(1) provide separate accounts for the immediate deposit of
program funds;
(2) establish a process to select participants and describe
any priorities for participation;
(3) enter into a family asset agreement with the household
to establish the terms of participation;
(4) provide households with economic literacy education;
(5) provide households with information on early childhood
family education;
(6) provide matching deposits for participating households;
(7) coordinate with other related public and private
programs; and
(8) establish a process to appeal and mediate disputes.
Sec. 10. [HOUSEHOLD ELIGIBILITY; PARTICIPATION.]
Subdivision 1. [INITIAL ELIGIBILITY.] To be eligible for
the family assets for independence initiative, a household must
have income at or below 200 percent of the federal poverty level
and assets of $25,000 or less. An individual who is a dependent
of another person for federal income tax purposes may not be a
separate eligible household for purposes of establishing a
family asset account. An individual who is a debtor for a
judgment resulting from nonpayment of a court-ordered child
support obligation may not participate in this program. Income
and assets are determined according to eligibility guidelines
for the energy assistance program.
Subd. 2. [CONTINUED PARTICIPATION.] A participating
household whose income exceeds 200 percent of the poverty level
may continue to make contributions to the savings account. The
amount of any contributions made during the time when a
participating household's income is greater than 200 percent of
the poverty level is not eligible for the match under section 11.
Subd. 3. [FAMILY PARTICIPATION.] Each participating
household must sign a family asset agreement that includes the
amount of scheduled deposits into its savings account, the
proposed use, and the proposed savings goal. A participating
household must agree to complete an economic literacy training
program.
Participating households may only deposit money that is
derived from household earned income or from state and federal
income tax credits.
Sec. 11. [WITHDRAWAL; MATCHING; PERMISSIBLE USES.]
Subdivision 1. [WITHDRAWAL OF FUNDS.] To receive a match,
a participating household must transfer funds withdrawn from a
family asset account to a fiduciary organization, according to
the family asset agreement. The fiduciary organization must
determine if the match request is for a permissible use
consistent with the household's family asset agreement.
A fiduciary organization must match the balance in the
household's account, including interest, at the time of an
approved withdrawal. Matches must be provided as follows:
(1) from state grant funds a matching contribution of $2
for every $1 of funds withdrawn from the family asset account
equal to the lesser of $720 per year or a $3,000 lifetime limit;
and
(2) from nonstate funds, a matching contribution of no less
than $2 for every $1 of funds withdrawn from the family asset
account equal to the lesser of $720 per year or a $3,000
lifetime limit.
Subd. 2. [VENDOR PAYMENT OF WITHDRAWN FUNDS.] Upon receipt
of withdrawn funds, the fiduciary organization must make a
direct payment to the vendor of the goods or services for the
permissible use.
Sec. 12. [PROGRAM REPORTING.]
Each fiduciary organization operating a family assets for
independence initiative must annually report to the commissioner
of children, families, and learning the number of accounts, the
amount of savings and matches for each account, the uses of the
account, and the number of businesses, homes, and educational
services paid for with money from the account, as well as other
information that may be required for the state to operate the
program effectively.
Sec. 13. [EFFECTIVE DATE.]
Sections 1 to 4 are effective October 1, 1998.
ARTICLE 2
FAMILY AND EARLY CHILDHOOD APPROPRIATIONS
Section 1. Laws 1997, chapter 162, article 4, section 63,
subdivision 2, is amended to read:
Subd. 2. [BASIC SLIDING FEE CHILD CARE.] For child care
assistance according to Minnesota Statutes, section 119B.03:
$41,751,000 ..... 1998
$50,751,000 $54,001,000 ..... 1999
Any balance in the first year does not cancel but is
available the second year.
Of this appropriation, the department shall allocate the
amount necessary to administer the at-home child care program
under section 22.
The increase in the fiscal year 1999 appropriation is for
child care assistance under Minnesota Statutes, section 119B.03,
to provide uninterrupted assistance for families completing
transition year child care assistance in fiscal year 1999. The
commissioner shall implement procedures to ensure this
assistance.
$3,250,000 of the fiscal year 1999 appropriation is a
one-time appropriation.
Sec. 2. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] The sums indicated in this section are appropriated
from the general fund to the commissioner of children, families,
and learning for the fiscal years and for the purposes indicated.
Subd. 2. [EMERGENCY SERVICES GRANTS.] For emergency
services grants under Laws 1997, chapter 162, article 3, section
7:
$ 300,000 ..... 1999
This is a one-time appropriation for fiscal year 1999.
Subd. 3. [TRANSITIONAL HOUSING.] For transitional housing
programs according to Minnesota Statutes, section 268.38:
$ 300,000 ..... 1999
This is a one-time appropriation.
Subd. 4. [LEAD HAZARD REDUCTION.] For the lead abatement
program under Minnesota Statutes, section 268.92:
$ 100,000 ..... 1999
This appropriation must be used for the swab team service
program to provide lead cleanup and lead hazard reduction
services in geographic areas where the residents have a high
risk of elevated blood lead levels.
Of this amount, 25 percent is for a grant to the city of
St. Louis Park to conduct lead testing and cleanup in the
residential neighborhoods contaminated by an industrial lead
site. The remaining amount is for a nonprofit organization that
is currently operating the CLEARCorps lead hazard reduction
project and is willing to expand its geographic service area.
This is a one-time appropriation.
Subd. 5. [HEAD START AND ECFE.] For competitive grants for
programs for children ages 0 to 3:
$ 250,000 ..... 1999
A Head Start and an early childhood family education
program must jointly apply for grants from this appropriation.
Grant awards must be used to expand collaborative programming
involving both early childhood family education and Head Start
for children under the age of three.
This is a one-time appropriation.
Sec. 3. [APPROPRIATION; ADMINISTRATION OF ABUSED CHILDREN
PROGRAMS.]
Of the amount appropriated under Laws 1997, chapter 162,
article 2, section 31, subdivision 8, up to $134,000 for fiscal
year 1998 and up to $134,000 for fiscal year 1999 may be used
for state costs to administer abused children programs under
Minnesota Statutes, sections 119A.20 to 119A.23.
Sec. 4. [APPROPRIATION; ADMINISTRATION OF DRUG POLICY AND
VIOLENCE PREVENTION PROGRAMS.]
Of the amount appropriated under Laws 1997, chapter 162,
article 2, section 31, subdivision 9, up to $305,000 for fiscal
year 1998 and up to $305,000 for fiscal year 1999 may be used
for state costs to administer drug policy and violence
prevention programs under Minnesota Statutes, sections 119A.25
to 119A.29 and 119A.32 to 119A.34.
Sec. 5. [APPROPRIATION; ADMINISTRATION OF THE CHILDREN'S
TRUST FUND.]
Of the amount appropriated under Laws 1997, chapter 162,
article 2, section 31, subdivision 10, up to $22,000 for fiscal
year 1998 and up to $22,000 for fiscal year 1999 may be used for
state costs to administer the children's trust fund under
Minnesota Statutes, sections 119A.10 to 119A.17.
Of the amount in the special revenue account from fees
under Minnesota Statutes, section 144.226, subdivision 3, up to
$120,000 for fiscal year 1998 and $120,000 for fiscal year 1999
may be used for operating costs of the children's trust fund.
Sec. 6. [EFFECTIVE DATE.]
Sections 3 to 5 are effective the day following final
enactment.
ARTICLE 3
ECONOMIC DEVELOPMENT
Section 1. [ECONOMIC DEVELOPMENT APPROPRIATIONS.]
The sums in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another named fund, to
the agencies and for the purposes specified in this article, to
be available for the fiscal years indicated for each purpose.
The figures "1998" and "1999," where used in this act, mean that
the appropriation or appropriations listed under them are
available for the year ending June 30, 1998, or June 30, 1999,
respectively. The term "first year" means the fiscal year
ending June 30, 1998, and "second year" means the fiscal year
ending June 30, 1999.
SUMMARY BY FUND
1998 1999
General $ 359,000 $ 3,841,000
TOTAL 359,000 3,841,000
APPROPRIATIONS
Available for the Year
Ending June 30
1998 1999
Sec. 2. DEPARTMENT OF TRADE AND
ECONOMIC DEVELOPMENT $ -0- $ 580,000
The amounts that may be spent from this
appropriation for each purpose is
specified in the following paragraphs.
(a) Neighborhood Development Center, Inc.
$80,000 in 1999 making a grant to the
Neighborhood Development Center, Inc.
The center shall use the grant for the
purpose of expanding and improving its
neighborhood and ethnic-based
entrepreneur training, lending, and
support programs in the poorest
communities of Minneapolis and St.
Paul. This appropriation is a one-time
appropriation and is not added to the
department's budget base.
(b) Biomass Energy Project
$500,000 in 1999 is for a grant to the
Granite Falls economic development
authority for the development of a
farm-grown, closed loop biomass energy
project. The grant may be used to
manage the development, seek financing
and equity participation, reimburse
costs of third-party due diligence
exercises, and perform environmental
review and permitting. This is a
one-time appropriation and is not added
to the department's budget base.
(c) Minnesota Trade Office
The appropriation in Laws 1997, chapter
200, article 1, section 2, subdivision
3, to the department of trade and
economic development for the Minnesota
trade office for a multifaceted program
to develop trade with China is
available until June 30, 1999.
Sec. 3. MINNESOTA WORLD TRADE CENTER
CORPORATION 155,000 -0-
$155,000 is appropriated in 1998 for
full and final payments of the
remaining 1988 debt of the Minnesota
World Trade Center Corporation which
was incurred for conference center
furniture, fixtures, and equipment.
This appropriation is available
immediately. This is a one-time
appropriation and is not added to the
department's budget base.
Sec. 4. DEPARTMENT OF ECONOMIC
SECURITY -0- 2,326,000
The amounts that may be spent from this
appropriation for each purpose are
specified in the following paragraphs.
(a) Vocational Rehabilitation
$1,000,000 in 1999 to the vocational
rehabilitation program to be added to
the appropriation for rehabilitation
services provided in Laws 1997, chapter
200, article 1, section 5, subdivision
2, and is added to the department's
budget base.
(b) Summer Youth Employment
$1,000,000 in 1999 is for summer youth
employment programs. This is a
one-time appropriation and is available
immediately and is available until June
30, 1999.
(c) Advocating Change Together, Inc.
$126,000 in 1999 is for a grant to
Advocating Change Together, Inc.
(ACT). The grant must be used for (1)
the training and empowerment of
individuals with developmental and
other mental health disabilities,
including mental illnesses that are
serious and persistent, that are
chronic, or that pose a risk of
hospitalization; (2) the maintenance of
related data; or (3) technical
assistance for work advancement or
additional workforce training. This is
a one-time appropriation and is not
added to the department's budget base.
(d) Displaced Homemakers Empowerment
$200,000 in 1999 is for displaced
homemaker programs under Minnesota
Statutes, section 268.96, and is a
one-time appropriation and not added to
the department's budget base. This
appropriation is for grants to operate
a community work empowerment support
group demonstration project and is in
addition to the appropriation for that
purpose contained in Laws 1997, chapter
200, article 1, section 4, subdivision
4.
Sec. 5. PUBLIC UTILITIES
COMMISSION 204,000 189,000
This appropriation is for costs
associated with the regulation of
utilities. Notwithstanding any other
law, these amounts may not be billed
back to utility companies.
Sec. 6. MINNESOTA HISTORICAL SOCIETY -0- 646,000
The amounts that may be spent from this
appropriation for each purpose are
specified in the following paragraphs.
(a) Salary Adjustment
$571,000 in 1999 is for salary
adjustments. This is a one-time
appropriation and is not added to the
society's budget base.
(b) Hmong Archives
$75,000 in 1999 is for start-up costs
for the Hmong history and culture
archival project. The society may make
grants to nonprofit organizations for
planning, training, and purchase of
supplies and equipment. This is a
one-time appropriation and is not added
to the society's budget base.
Sec. 7. SUPREME COURT -0- 100,000
$100,000 in 1999 is for the community
justice system collaboration team in
the judicial branch. This is a
one-time appropriation and is not added
to the budget base.
Sec. 8. [JUDY GARLAND CHILDREN'S MUSEUM.]
The appropriation in Laws 1997, chapter 200, article 1,
section 2, subdivision 2, to the commissioner of trade and
economic development for the Judy Garland Children's Museum is
available until and may be matched until June 30, 1999.
Sec. 9. [LEROY NIEMAN MUSEUM OF ART.]
The appropriation in Laws 1997, chapter 200, article 1,
section 2, subdivision 4, to the commissioner of trade and
economic development for a grant to the LeRoy Nieman Museum of
Art is available until and may be matched until June 30, 1999.
Sec. 10. [NEWPORT.]
The city of Newport may include in-kind resources and money
raised or contributed during a period beginning January 1, 1993,
in determining its required match for the appropriation to the
city in Laws 1997, chapter 200, article 1, section 2,
subdivision 2.
Sec. 11. [TRAINING FOR HMONG AND LAOTIAN WOMEN.]
$100,000 of the appropriation in fiscal year 1999 for the
Job Training Partnership Act program in Laws 1997, chapter 200,
article 1, section 5, subdivision 4, is available to the Women's
Association of Hmong and Lao to provide employment and training
to eligible Hmong and Laotian women.
Sec. 12. [BOUNDARY EXTENSION.]
The boundaries of the North Mississippi Regional Park are
extended to include 49th Avenue North and adjacent property from
Humboldt Avenue east to the Mississippi river. Funds
appropriated for the North Mississippi Regional Park may be
expended to create a trail or greenway as part of the Hennepin
county multijurisdictional program on 49th Avenue North and
adjacent property as an entrance to the North Mississippi
Regional Park.
Sec. 13. [MINNESOTA INVESTMENT FUND; SOYBEAN OILSEED
PROCESSING FACILITY.]
Notwithstanding the grant limit in Minnesota Statutes,
section 116J.8731, subdivision 5, a grant of up to $1,000,000
may be made to a political subdivision that is chosen as a site
for a soybean oilseed processing facility, constructed by a
Minnesota-based cooperative. The grant may be used for site
preparation, predevelopment, and other infrastructure
improvements, including public and private utility improvements,
that are necessary for development of the oilseed processing
facility. The grant may be made any time until December 31,
2000.
Sec. 14. [BIOMASS PROJECT; WAIVER OF FEES AUTHORIZED.]
The Minnesota environmental quality board may waive fees
under Minnesota Statutes, chapter 116C, for permits necessary
for construction to commence on a biomass energy project that
plans to use alfalfa for a primary fuel source.
Sec. 15. Minnesota Statutes 1996, section 16B.06,
subdivision 2, is amended to read:
Subd. 2. [VALIDITY OF STATE CONTRACTS.] (a) A state
contract or lease is not valid and the state is not bound by it
until:
(1) it has first been executed by the head of the agency or
a delegate which is a party to the contract;
(2) it has been approved by the commissioner or a delegate,
under this section;
(3) it has been approved by the attorney general or a
delegate as to form and execution; and
(4) the account system shows an allotment or encumbrance
balance for the full amount of the contract liability.
(b) Paragraph (a), clause (2), does not apply to contracts
between state agencies, contracts awarding grants, or contracts
making loans, or bond purchase agreements by the department of
trade and economic development or the Minnesota public
facilities authority.
(c) The head of the agency may delegate the execution of
specific contracts or specific types of contracts to a
designated subordinate within the agency if the delegation has
been approved by the commissioner of administration and filed
with the secretary of state. The fully executed copy of every
contract or lease must be kept on file at the contracting agency.
Sec. 16. Minnesota Statutes 1997 Supplement, section
115C.09, subdivision 3f, is amended to read:
Subd. 3f. [REIMBURSEMENTS; SMALL GASOLINE RETAILERS.] (a)
As used in this subdivision, "small gasoline retailer" means
a responsible person tank owner or operator who owns no more
than only one location in this state, and no locations in any
other state, where motor fuel was dispensed to the public into
motor vehicles, watercraft, or aircraft in the previous year,
and who dispensed motor fuel at that location.
(b) Notwithstanding subdivision 1, paragraph (b), clause
(1), for eligible applicants who are small gasoline retailers
that have dispensed less than 500,000 gallons of motor fuel
during the most recent calendar year that petroleum products
were dispensed at the location owned by the retailer, the board
shall reimburse the applicant for 90 percent of the applicant's
total reimbursable cost for tank removal projects started after
January 1, 1997 1996, including, but not limited to, tank
removal, closure in place, backfill, resurfacing, and utility
service restoration costs, regardless of whether a release has
occurred at the site, provided that the tank involved is a
regulated underground storage tank.
(c) Notwithstanding subdivision 1, paragraph (b), clause
(1), for eligible applicants who are small gasoline retailers
that have dispensed less than 250,000 gallons of motor fuel
during the most recent calendar year that petroleum products
were dispensed at the location owned by the retailer, provided
that the tank involved is a regulated underground storage tank,
the board shall reimburse the applicant for 95 percent of the
following costs:
(1) tank removal costs described in paragraph (b); and
(2) petroleum contamination cleanup as provided under
subdivision 1 incurred during or after the tank removal project.
(d) An applicant who owns only one location in this or any
other state where motor fuel was dispensed to the public into
motor vehicles, watercraft, or aircraft but who did not dispense
motor fuel at that location may qualify as a small gasoline
retailer if:
(1) the previous tank owner or operator at the location was
a small gasoline retailer that dispensed less than 500,000
gallons of motor fuel during the most recent calendar year that
petroleum products were dispensed at the location; and
(2) the applicant acquired legal or equitable title to the
property after January 1, 1996.
(e) This subdivision expires January 1, 2000.
Sec. 17. Minnesota Statutes 1996, section 115C.09, is
amended by adding a subdivision to read:
Subd. 3g. [REIMBURSEMENTS; SMALL BUSINESS OWNERS.] (a) As
used in this subdivision, "small business owner" means a person:
(1) who has no more than $250,000 per year in sales;
(2) who owns no more than one location where motor fuel was
previously dispensed to the public into motor vehicles;
(3) who did not dispense motor fuel at that location; and
(4) whose tanks were never registered with the state.
(b) Notwithstanding subdivision 1, paragraph (b), clause
(1), the board shall reimburse an eligible applicant who is a
small business owner for 90 percent of the applicant's total
reimbursable cost for tank removal projects started after
January 1, 1998, including, but not limited to, tank removal,
closure in place, backfill, resurfacing, and utility service
restoration costs, regardless of whether a release has occurred
at the site, and provided that the person does not intend to
replace the tanks.
Sec. 18. Minnesota Statutes 1997 Supplement, section
116J.421, subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHED.] The rural policy and
development center is established at Mankato State University.
The center may be established by the board as a nonprofit
corporation under section 501(c)3 of the Internal Revenue Code
or the board may organize and operate the center in a manner and
form that the board determines best allows the center to carry
out its duties.
Sec. 19. Minnesota Statutes 1997 Supplement, section
116J.421, is amended by adding a subdivision to read:
Subd. 5. [POWERS.] The board has the power to do all
things reasonable and necessary to carry out the duties of the
center including, without limitation, the power to:
(1) enter into contracts for goods or services with
individuals and private and public entities;
(2) sue and be sued;
(3) acquire, hold, lease, and transfer any interest in real
and personal property;
(4) accept appropriations, gifts, grants, and bequests;
(5) hire employees; and
(6) delegate any of its powers.
Sec. 20. Minnesota Statutes 1997 Supplement, section
179A.03, subdivision 7, is amended to read:
Subd. 7. [ESSENTIAL EMPLOYEE.] "Essential employee" means
firefighters, peace officers subject to licensure under sections
626.84 to 626.863, guards at correctional facilities,
confidential employees, supervisory employees, assistant county
attorneys, assistant city attorneys, principals, and assistant
principals. However, for state employees, "essential employee"
means all employees in law enforcement, health care
professionals, correctional guards, professional engineering,
and supervisory collective bargaining units, irrespective of
severance, and no other employees. For University of Minnesota
employees, "essential employee" means all employees in law
enforcement, nursing professional and supervisory units,
irrespective of severance, and no other employees.
"Firefighters" means salaried employees of a fire department
whose duties include, directly or indirectly, controlling,
extinguishing, preventing, detecting, or investigating fires.
Sec. 21. Minnesota Statutes 1996, section 383B.79,
subdivision 1, is amended to read:
Subdivision 1. [PROGRAM CREATED.] A multijurisdictional
reinvestment program involving Hennepin county, the cities of
Minneapolis, Brooklyn Center, and other interested statutory or
home rule charter cities in Hennepin county, the Minneapolis
park board, and the suburban Hennepin county park district is
created. The multijurisdictional program must include plans for
housing rehabilitation and removals, industrial polluted land
cleanup, water ponding, environmental cleanup, community
corridor connections, corridor planning, creation of green
space, acquisition of property, development and redevelopment of
parks and open space, water quality and lakeshore improvement,
development and redevelopment of housing and existing commercial
projects, and job creation.
Sec. 22. Minnesota Statutes 1996, section 383B.79, is
amended by adding a subdivision to read:
Subd. 4. [ADMINISTRATION.] The board of county
commissioners shall administer the program and funds and bond
for projects in this section either as a county board or a
housing and redevelopment authority. The board of county
commissioners may acquire property in connection with the
project known as the Humboldt Avenue Greenway from any funds
under its control.
Sec. 23. Minnesota Statutes 1996, section 469.303, is
amended to read:
469.303 [ELIGIBILITY REQUIREMENTS.]
An area within the city is eligible for designation as an
enterprise zone if the area (1) includes census tracts eligible
for a federal empowerment zone or enterprise community as
defined by the United States Department of Housing and Urban
Development under Public Law Number 103-66, notwithstanding the
maximum zone population standard under the federal empowerment
zone program for cities with a population under 500,000 or, (2)
is an area within a city of the second class that is designated
as an economically depressed area by the United States
Department of Commerce, or (3) includes property located in St.
Paul in a transit zone as defined in section 473.3915,
subdivision 3.
Sec. 24. [LOCAL APPROVAL; EFFECTIVE DATE.]
Sections 21 and 22 are effective the day after the Hennepin
county board complies with Minnesota Statutes, section 645.021,
subdivision 3.
Sec. 25. [EFFECTIVE DATE.]
All provisions making appropriations for fiscal year 1998,
or that are to be available immediately, are effective the day
following final enactment.
ARTICLE 4
HOUSING
Section 1. [HOUSING APPROPRIATIONS.]
The sums in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another named fund, to
the agencies and for the purposes specified in this article, to
be available for the fiscal years indicated for each purpose.
The figures "1998" and "1999," where used in this act, mean that
the appropriation or appropriations listed under them are
available for the year ending June 30, 1998, or June 30, 1999,
respectively. The term "first year" means the fiscal year
ending June 30, 1998, and "second year" means the fiscal year
ending June 30, 1999.
SUMMARY BY FUND
1998 1999
General $ -0- $ 3,600,000
TOTAL -0- 3,600,000
APPROPRIATIONS
Available for the Year
Ending June 30
1998 1999
Sec. 2. MINNESOTA HOUSING
FINANCE AGENCY $ -0- $ 3,600,000
The amounts that may be spent from this
appropriation for certain programs are
specified below.
This appropriation is for transfer to
the housing development fund for the
programs specified and is a one-time
appropriation and is not added to the
agency's budget base.
(a) Affordable Rental Investment Fund
and Community Rehabilitation Fund
$3,300,000 in 1999 is for the
affordable rental investment fund
program under Minnesota Statutes,
section 462A.21, subdivision 8b, to be
allocated according to the geographic
distribution requirements in the
appropriation for the affordable rental
investment program in Laws 1997,
chapter 200, article 1, section 6, and
for the community rehabilitation
program under Minnesota Statutes,
section 462A.206. Notwithstanding
section 462A.206, this appropriation
shall be used to provide housing for
families and persons with incomes less
than or equal to 80 percent of the Twin
Cities metropolitan area median income
applied statewide. The agency must
give preference to economically viable
projects in which there is a
contribution from nonstate sources. Of
this amount, the agency may use up to
$500,000 to fund projects in cities of
the first class if the projects use
innovative urban design elements,
comprehensive community planning, or
help leverage federal funds from the
federal home ownership zone program.
(b) Family Homeless Prevention
and Assistance Program
$300,000 in 1999 is for the family
homeless prevention and assistance
program under Minnesota Statutes,
section 462A.204 and is added to the
appropriation for this program in Laws
1997, chapter 200, article 1, section 6.
Presented to the governor April 22, 1998
Signed by the governor April 22, 1998, 9:58 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes