Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1999, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 249-S.F.No. 2224
An act relating to legislative enactments; correcting
miscellaneous oversights, inconsistencies,
ambiguities, unintended results, and technical errors;
amending Minnesota Statutes 1998, sections 97A.075,
subdivision 1; 124D.135, subdivision 3, as amended;
124D.54, subdivision 1, as amended; 256.476,
subdivision 8, as amended; 322B.115, subdivision 4;
Senate File 626, section 44; Senate File 2221, article
1, section 2, subdivision 4; section 7, subdivision 6;
section 8, subdivision 3; section 12, subdivision 1;
section 13, subdivision 1; section 18; Senate File
2226, section 5, subdivision 4; section 6; House File
1825, section 12; House File 2390, article 1, section
2, subdivisions 2 and 4; section 4, subdivision 4;
section 17, subdivision 1; article 2, section 81;
House File 2420, article 5, section 18; article 6,
section 2; proposing coding in Minnesota Statutes
1998, chapter 126C.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1998, section 322B.115,
subdivision 4, is amended to read:
Subd. 4. [OPTIONAL PROVISIONS AND SPECIFIC SUBJECTS.] The
provisions in clauses (1), (7), (15), (16), and (18) may be
included in the articles of organization or a member control
agreement under section 322B.37.
The provisions in clauses (2) to (6), (8) to (14), and (17)
may be included in the articles of organization, a member
control agreement under section 322B.37 or the operating
agreement:
(1) the persons to serve as the first board of governors
may be named in the articles of organization (section 322B.606,
subdivision 1);
(2) a manner for increasing or decreasing the number of
governors may be provided (section 322B.61);
(3) additional qualifications for governors may be imposed
(section 322B.613);
(4) governors may be classified (section 322B.626);
(5) the day or date, time, and place of board of governors
meetings may be fixed (section 322B.643, subdivision 1);
(6) absent governors may be permitted to give written
consent or opposition to a proposal (section 322B.646);
(7) a larger than majority vote may be required for board
of governor action (section 322B.653);
(8) authority to sign and deliver certain documents may be
delegated to a manager or agent of the limited liability company
other than the chief manager (section 322B.673, subdivision 2);
(9) additional managers may be designated (section
322B.676);
(10) additional powers, rights, duties, and
responsibilities may be given to managers (section 322B.676);
(11) a method for filling vacant offices may be specified
(section 322B.686, subdivision 3);
(12) the day or date, time, and place of regular member
meetings may be fixed (section 322B.333, subdivision 3);
(13) certain persons may be authorized to call special
meetings of members (section 322B.336, subdivision 1);
(14) notices of member meetings may be required to contain
certain information (section 322B.34, subdivision 3);
(15) a larger than majority vote may be required for member
action (section 322B.346);
(16) voting rights may be granted in or pursuant to the
articles of organization to persons who are not members (section
322B.356, subdivision 3);
(17) limited liability company actions giving rise to
dissenter rights may be designated (section 322B.386,
subdivision 1, paragraph (e)); and
(18) a governor's personal liability to the limited
liability company or its members for monetary damages for breach
of fiduciary duty as a governor may be eliminated or limited in
the articles (section 322B.663, subdivision 4).
Nothing in this subdivision limits the right of the board,
by resolution, to take an action that may be included in the
operating agreement under this subdivision without including it
in the operating agreement, unless it is required to be included
in the operating agreement by another provision of this chapter.
Sec. 2. [CORRECTION 1.] Minnesota Statutes 1998, section
256.476, subdivision 8, as amended by Laws 1999, chapter 10,
section 3, is amended to read:
Subd. 8. [COMMISSIONER RESPONSIBILITIES.] The commissioner
shall:
(1) transfer and allocate funds pursuant to this section;
(2) determine allocations based on projected and actual
local agency use;
(3) monitor and oversee overall program spending;
(4) evaluate the effectiveness of the program;
(5) provide training and technical assistance for local
agencies and consumers to help identify potential applicants to
the program;
(6) develop guidelines for local agency program
administration and consumer information; and
(7) apply for a federal waiver or take any other action
necessary to maximize federal funding for the program by June
September 1, 1999.
Sec. 3. [CORRECTION 2.] 1999 S.F. No. 626, section 44, if
enacted, is amended to read:
Sec. 44. [PRIVATE SALE OF TAX-FORFEITED AND SURPLUS STATE
LAND BORDERING PUBLIC WATER; ST. LOUIS COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and
282.018, subdivision 1, and the public sale provisions of
Minnesota Statutes, chapter 282, St. Louis county may sell by
private sale the tax-forfeited land that is described in
paragraph (c), clauses (1) to (11), under the remaining
provisions of Minnesota Statutes, chapter 282. Notwithstanding
Minnesota Statutes, sections 92.45, 94.09, and 94.10, the
commissioner of natural resources may sell by private sale the
surplus land bordering public water that is described in
paragraph (c), clause (12).
(b) The land described in paragraph (c) may be sold by
private sale to the Iron Range Resource and Rehabilitation Board
for economic development. The conveyance must be in a form
approved by the attorney general. The attorney general may make
necessary changes to the legal descriptions to correct errors
and ensure accuracy. The consideration for the conveyance must
be equal to the fair market value of the land plus the cost of
appraisal. The conveyance shall not include stockpiled
iron-bearing material held under control of the commissioner of
natural resources. The commissioner may sell the stockpiled
iron-bearing material located on these lands according to
Minnesota Statutes, section 93.41.
(c) The lands to be conveyed are located in St. Louis
county and are described as:
(1) the Northwest Quarter of the Northwest Quarter
Government Lot 3, Section 5, Township 58 North, Range 15 West;
(2) the Northeast Quarter of the Northwest Quarter
Government Lot 4, Section 5, Township 58 North, Range 15 West;
(3) the Southwest Quarter of the Northwest Quarter
Government Lot 5, Section 5, Township 58 North, Range 15 West;
(4) the Northwest Quarter of the Southwest Quarter
Government Lot 6, Section 5, Township 58 North, Range 15 West;
(5) the Southeast Quarter of the Northeast Quarter
Government Lot 9, Section 6, Township 58 North, Range 15 West;
(6) the Northwest Quarter of the Southeast Quarter
Government Lot 10, Section 6, Township 58 North, Range 15 West;
(7) the Northeast Quarter of the Southeast Quarter
Government Lot 11, Section 6, Township 58 North, Range 15 West;
(8) the Southwest Quarter of the Southeast Quarter
Government Lot 12, Section 6, Township 58 North, Range 15 West;
(9) the Southeast Quarter of the Southeast Quarter, Section
6, Township 58 North, Range 15 West;
(10) the Northeast Quarter of the Southeast Quarter
Government Lot 6, Section 31, Township 59 North, Range 15 West;
(11) the Southeast Quarter of the Southeast Quarter,
Section 31, Township 59 North, Range 15 West;
(12) (10) the Northwest Quarter of the Southwest Quarter
Government Lot 4, Section 32, Township 59 North, Range 15 West;
(13) (11) the Northeast Quarter of the Southwest Quarter
Government Lot 5, Section 32, Township 59 North, Range 15
West; and
(14) the Southwest Quarter of the Southwest Quarter,
Section 32, Township 59 North, Range 15 West; and
(15) (12) the Southeast Quarter of the Southwest Quarter,
the surface of the beds of Wine (Wynne) and Syracuse lakes,
below the natural ordinary high water mark thereof, as
originally surveyed in Sections 5 and 6 of Township 58 North,
Range 15 West, and the Southwest Quarter of Section 32, Township
59 North, Range 15 West.
(d) The county has determined that the county's land
management interests would best be served if the tax-forfeited
lands were returned to private ownership. The commissioner has
determined that the surplus land is no longer needed for any
state purpose and that the state's land management interests
would best be served if the land was returned to private
ownership.
Sec. 4. [CORRECTION 3.] Minnesota Statutes 1998, section
124D.54, subdivision 1, as amended by 1999 H.F. No. 1467,
article 4, section 7, if enacted, is amended to read:
Subdivision 1. [AID ELIGIBILITY.] Adult high school
graduation aid for eligible pupils age 21 or over equals:
(1) for fiscal year 2000: 1.30 multiplied by the average
daily membership under section 126C.05, subdivision 12,
multiplied by the greater of (i) $1,676 or (ii) $3,251,000
divided by the state total weighted average daily membership,
not to exceed $2,295;
(2) for fiscal year 2001 and later fiscal years: $2,338
multiplied by 1.30 multiplied by the average daily membership
under section 126C.05, subdivision 12.
Adult high school graduation aid must be paid in addition to any
other aid to the district. Pupils age 21 or over may not be
counted by the district for any purpose other than adult high
school graduation aid.
Sec. 5. [CORRECTION 4.] 1999 H.F. No. 1825, section 12, if
enacted, is amended to read:
Sec. 12. [349.173] [CONDUCT OF RAFFLES.]
Raffle tickets at a minimum must list the three most
expensive prizes to be awarded. If additional prizes will be
awarded that are not contained on the raffle ticket, the raffle
ticket must contain the statement "A complete list of additional
prizes is available upon request." Notwithstanding section
349.12, subdivision 33, raffles conducted under the exemptions
in section 349.166 may use tickets that contain only the
sequential number of the raffle ticket and no other information
if the organization makes a list of prizes and a statement of
other relevant information required by rule available to persons
purchasing tickets and if tickets are only sold at the event and
on the date when the tickets are sold drawn.
Sec. 6. [CORRECTION 5.] 1999 S.F. No. 2221, article 1,
section 13, subdivision 1, if enacted, is amended to read:
Subdivision 1. Total
Appropriation 325,897,000 343,753,000
328,484,000 346,365,000
Summary by Fund
General 327,362,000 345,243,000
Special Revenue 1,122,000 1,122,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Any unencumbered balances remaining in
the first year do not cancel but are
available for the second year of the
biennium.
Positions and administrative money may
be transferred within the department of
corrections as the commissioner
considers necessary, upon the advance
approval of the commissioner of finance.
For the biennium ending June 30, 2001,
the commissioner of corrections may,
with the approval of the commissioner
of finance, transfer funds to or from
salaries.
During the biennium ending June 30,
2001, the commissioner may enter into
contracts with private corporations or
governmental units of the state of
Minnesota to house adult offenders
committed to the commissioner of
corrections. Every effort shall be
made to house individuals committed to
the commissioner of corrections in
Minnesota correctional facilities.
If the commissioner deems it necessary
to reduce staff positions during the
biennium ending June 30, 2001, the
commissioner shall reduce at least the
same percentage of management and
supervisory personnel as line and
support personnel to ensure employee
safety, inmate safety, and facility
security. By January 15, 2002, the
commissioner shall report to the chairs
and ranking minority members of the
senate and house committees and
divisions having jurisdiction over
criminal justice funding on whether it
was necessary to reduce staff
positions, and, if so, the percentage
of management and supervisory personnel
positions that were reduced compared
with the number of line and support
personnel positions reduced.
During the biennium ending June 30,
2001, if it is necessary to reduce
services or staffing within a
correctional facility, the commissioner
or the commissioner's designee shall
meet with affected exclusive
representatives. The commissioner
shall make every reasonable effort to
retain correctional officer and prison
industry employees should reductions be
necessary.
During the biennium ending June 30,
2001, the commissioner shall consider
ways to reduce the per diem in adult
correctional facilities. As part of
this consideration, the commissioner
shall consider reduction in management
and supervisory personnel levels in
addition to line staff levels within
adult correctional institutions,
provided this objective can be
accomplished without compromising
safety and security. By January 15,
2002, the commissioner shall report to
the chairs and ranking minority members
of the senate and house committees and
divisions having jurisdiction over
criminal justice funding on what
methods were considered to reduce per
diems under this paragraph and what
changes, if any, were implemented to
achieve the reductions.
Sec. 7. [CORRECTION 6.] Minnesota Statutes 1998, section
124D.135, subdivision 3, as amended by 1999 H.F. No. 1467,
article 1, section 43, if enacted, is amended to read:
Subd. 3. [EARLY CHILDHOOD FAMILY EDUCATION LEVY.] For
fiscal years 2000 and year 2001 to obtain early childhood family
education revenue, a district may levy an amount equal to the
tax rate of .5282 percent times the adjusted tax capacity of the
district for the year preceding the year the levy is certified.
Beginning with levies for fiscal year 2002, by September 30 of
each year, the commissioner shall establish a tax rate for early
childhood education revenue that raises $21,027,000 for fiscal
year 2002 and $22,135,000 in fiscal year 2003 and each
subsequent year. If the amount of the early childhood family
education levy would exceed the early childhood family education
revenue, the early childhood family education levy must equal
the early childhood family education revenue.
Sec. 8. [CORRECTION 7.] 1999 S.F. No. 2221, article 1,
section 12, subdivision 1, if enacted, is amended to read:
Subdivision 1. Total
Appropriation 44,272,000 47,617,000
None of this appropriation shall be
used to pay for lawsuits against public
agencies or public officials to change
social or public policy.
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
The state public defender board of
public defense may use money
appropriated as part of the office's
agency's base budget to hire a
personnel director.
Sec. 9. [CORRECTION 8A.] 1999 S.F. No. 2226, section 5,
subdivision 4, if enacted, is amended to read:
Subd. 4. Forest Management
34,670,000 35,175,000
Summary by Fund
General 34,207,000 34,701,000
Natural Resources 463,000 474,000
$3,599,000 the first year and
$3,688,000 the second year are for
presuppression and suppression costs of
emergency fire fighting. If the
appropriation for either year is
insufficient to cover all costs of
suppression, the amount necessary to
pay for emergency firefighting expenses
during the biennium is appropriated
from the general fund. If money is
spent under the appropriation in the
preceding sentence, the commissioner of
natural resources shall, by 15 days
after the end of the following quarter,
report on how the money was spent to
the chairs of the house of
representatives ways and means
committee, the environment and
agriculture budget division of the
senate environment and natural
resources committee, and the house of
representatives environment and natural
resources finance committee. The
appropriations may not be transferred.
$722,000 the first year and $724,000
the second year are for programs and
practices on state, county, and private
lands to regenerate and protect
Minnesota's white pine. Up to $280,000
of the appropriation in each year may
be used by the commissioner to provide
50 percent matching funds to implement
cultural practices for white pine
management on nonindustrial, private
forest lands at rates specified in the
Minnesota stewardship incentives
program manual. Up to $150,000 of the
appropriation in each year may be used
by the commissioner to provide funds to
implement cultural practices for white
pine management on county-administered
lands through grant agreements with
individual counties, with priorities
for areas that experienced wind damage
in July 1995. $40,000 each year is for
a study of the natural regeneration
process of white pine. The remainder
of the funds in each fiscal year will
be available to the commissioner for
white pine regeneration and protection
on department-administered lands.
$150,000 the first year and $150,000
the second year are for a grant to the
University of Minnesota's College of
Natural Resources for research to
reduce the impact of blister rust on
Minnesota's white pine.
The commissioner may contract with and
make grants to nonprofit agencies to
carry out the purposes, plans, and
programs of the office of youth
programs, Minnesota conservation corps.
$61,000 the first year and $62,000 the
second year are for the focus on
community forests program, to provide
communities with natural resources
technical assistance.
$225,000 the first year is for grants
to local community forest ecosystem
health programs. This appropriation is
available until June 30, 2001. The
commissioner of natural resources shall
allocate individual grants of up to
$25,000 to local communities that match
the grants with nonstate money to
undertake projects that improve the
health of forest ecosystems, including
insect and disease suppression
programs, community-based forest health
education programs, and other
arboricultural treatments.
$100,000 the first year and $100,000
the second year are an increase in the
base appropriation for the Minnesota
conservation corps program activities.
$500,000 each year is for the
activities of the forest resources
council. This is a one-time
appropriation.
Sec. 10. [CORRECTION 8B.] 1999 S.F. No. 2226, section 6,
if enacted, is amended to read:
Sec. 6. BOARD OF WATER AND
SOIL RESOURCES 18,896,000 18,228,000
$5,480,000 the first year and
$5,480,000 the second year are for
natural resources block grants to local
governments. Of this amount, $50,000
each year is for a grant to the North
Shore Management Board, $35,000 each
year is for a grant to the St. Louis
River Board, $100,000 each year is for
a grant to the Minnesota River Basin
Joint Powers Board, and $27,000 each
year is for a grant to the Southeast
Minnesota Resources Board.
The board shall reduce the amount of
the natural resource block grant to a
county by an amount equal to any
reduction in the county's general
services allocation to a soil and water
conservation district from the county's
1998 allocation.
Grants must be matched with a
combination of local cash or in-kind
contributions. The base grant portion
related to water planning must be
matched by an amount that would be
raised by a levy under Minnesota
Statutes, section 103B.3369.
$3,867,000 the first year and
$3,867,000 the second year are for
grants to soil and water conservation
districts for general purposes,
nonpoint engineering, and for
implementation of the RIM conservation
reserve program. Upon approval of the
board, expenditures may be made from
these appropriations for supplies and
services benefiting soil and water
conservation districts.
$4,120,000 the first year and
$4,120,000 the second year are for
grants to soil and water conservation
districts for cost-sharing contracts
for erosion control and water quality
management. Of this amount, $32,000
the first year is for a grant to the
Blue Earth county soil and water
conservation districts for stream bank
stabilization on the LeSueur river
within the city limits of St. Clair;
and at least $1,500,000 the first year
and $1,500,000 the second year are for
grants for cost-sharing contracts for
water quality management on feedlots.
Priority must be given to feedlot
operators who have received notices of
violation and for feedlots in counties
that are conducting or have completed a
level 2 or level 3 feedlot inventory.
This appropriation is available until
expended. If the appropriation in
either year is insufficient, the
appropriation in the other year is
available for it.
$100,000 the first year and $100,000
the second year are for a grant to the
Red river basin board to develop a Red
river basin water management plan and
to coordinate water management
activities in the states and provinces
bordering the Red river. This
appropriation is only available to the
extent it is matched by a proportionate
amount in United States currency from
the states of North Dakota and South
Dakota and the province of Manitoba.
The unencumbered balance in the first
year does not cancel but is available
for the second year. This is a
one-time appropriation.
$189,000 the first year and $189,000
the second year are for grants to
watershed districts and other local
units of government in the southern
Minnesota river basin study area 2 for
floodplain management. If the
appropriation in either year is
insufficient, the appropriation in the
other year is available for it.
$1,203,000 the first year and $450,000
the second year are for the
administrative costs of easement and
grant programs.
Any unencumbered balance in the board's
program of grants does not cancel at
the end of the first year and is
available for the second year for the
same grant program. If the
appropriation in either year is
insufficient, the appropriation for the
other year is available for it.
Sec. 11. [CORRRECTION 8C.] Minnesota Statutes 1998,
section 97A.075, subdivision 1, is amended to read:
Subdivision 1. [DEER AND BEAR LICENSES.] (a) For purposes
of this subdivision, "deer license" means a license issued under
section 97A.475, subdivisions 2, clauses (4), (5), and (9), and
3, clauses (2), (3), and (7), and licenses issued under section
97B.301, subdivision 4.
(b) At least $2 from each deer license shall be used for
deer habitat improvement or deer management programs.
(c) At least $1 from each deer license and each bear
license shall be used for deer and bear management programs,
including a computerized licensing system. Fifty cents from
each deer license is appropriated for emergency deer feeding.
Money appropriated for emergency deer feeding is available until
expended. When the unencumbered balance in the appropriation
for emergency deer feeding at the end of a fiscal year exceeds
$750,000 $1,500,000 for the first time, $750,000 is canceled to
the unappropriated balance of the game and fish fund and the
amount appropriated for emergency deer feeding is reduced to 25
cents from each deer license.
Thereafter, when the unencumbered balance in the
appropriation for emergency deer feeding exceeds $1,500,000 at
the end of a fiscal year, the unencumbered balance in excess of
$1,500,000 is canceled and available for deer and bear
management programs and computerized licensing.
Sec. 12. [CORRECTION 9A.] 1999 H.F. No. 2390, article 2,
section 81, if enacted, is amended to read:
Sec. 81. [EFFECTIVE DATES.]
Section 48 is effective March 1, 2000.
Sections 59, 61, 62, 64, 65, and 79 are effective the day
following final enactment.
Section 67 is effective June 30, 1999.
Section 80, paragraph (a), is effective July 1, 1999.
Section 80, paragraph paragraphs (b) and (c), is are
effective July 1, 2000.
Section 80, paragraph (c), is effective July 1, 2001.
Sec. 13. [CORRECTION 9B.] 1999 H.F. No. 2390, article 1,
section 2, subdivision 2, if enacted, is amended to read:
Subd. 2. Business and Community
Development 38,488,000 28,186,000
Summary by Fund
General 25,338,000 15,486,000
TANF 1,500,000 1,500,000
Environmental Fund 700,000 700,000
Workforce
Development Fund 10,950,000 10,500,000
$5,017,000 the first year and
$4,017,000 the second year are for
Minnesota investment fund grants. Of
this amount, $1,000,000 in the first
year is a one-time appropriation and is
not added to the agency's budget base.
$400,000 the first year is for a
one-time grant to Advantage Minnesota,
Inc. The funds are available only if
matched on at least a dollar-for-dollar
basis from other sources. The
commissioner may release the funds only
upon:
(1) certification that matching funds
from each participating organization
are available; and
(2) review and approval by the
commissioner of the proposed operations
plan of Advantage Minnesota, Inc. for
the biennium.
$14,067,000 the first year and
$14,073,000 the second year are for the
job skills partnership program. If the
appropriation for either year is
insufficient, the appropriation for the
other year is available. Of this
appropriation, $10,000,000 in each year
is a one-time appropriation from the
workforce development fund. It is the
intention of the legislature that this
program base funding be $5,931,000 per
year in the 2002-2003 biennium. This
appropriation does not cancel.
$500,000 the first year and $500,000
the second year are one-time
appropriations from the workforce
development fund for the pathways
program.
$1,500,000 the first year and
$1,500,000 the second year are
appropriated from the state's federal
TANF block grant under Title I of
Public Law Number 104-193 to the
commissioner of human services, to be
transferred to the commissioner of
trade and economic development for the
pathways program under Minnesota
Statutes, section 116L.04, subdivision
1a. It is the intention of the
legislature that the general fund base
funding to the pathways program be
$1,500,000 per year in the 2002-2003
biennium.
$500,000 the first year is for a
one-time grant to the city of Fridley
for costs of the design and
construction of infrastructure
improvements required by a large
business campus development in the
Moore lakes area of the city.
$551,000 the first year and $565,000
the second year are from fees collected
under Minnesota Statutes, section
446A.04, subdivision 5, to administer
the programs of the public facilities
authority.
$500,000 in the first year is for a
one-time grant to the community
resources program under Minnesota
Statutes, chapter 466A.
$200,000 the first year is for a
one-time grant to the board of the
rural policy and development center for
operation of the center. This
appropriation is available as matched
in cash on a dollar-for-dollar basis
from nonstate sources.
$155,000 the first year and $155,000
the second year are for grants to the
metropolitan economic development
association. This is a one-time
appropriation and is not added to the
agency's budget base.
$265,000 the first year and $265,000
the second year are for one-time grants
to WomenVenture. WomenVenture must
implement a program to encourage and
assist women to enter nontraditional
careers in the trades and technical
occupations. The program shall consist
of outreach to women and girls and
training, job placement, and job
retention support that meet women's
specific needs. The program must be
accessible to low-income working
mothers, including MFIP recipients.
$450,000 the first year is for a
one-time grant to the St. Paul
rehabilitation center for its current
programs, including those related to
developing job-seeking skills and
workplace orientation, intensive job
development, functional work English,
and on-site job coaching. This
appropriation is from the workforce
development fund.
$250,000 is for a grant to the city of
Windom to provide loans to assist an
expanding business. This is a one-time
appropriation and is not added to the
agency's budget base.
$350,000 is for the biennium ending
June 30, 2001, for a grant to the Camp
Heartland center. The grant may be
used for phase II capital expenditures
including, without limitation, a septic
system upgrade and bath/shower house
construction, construction of a family
lodge, renovation of a medical
facility, construction of staff housing
and offices, or expansion and upgrade
of the dining room and kitchen. This
is a one-time appropriation and is not
added to the agency's budget base.
$4,800,000 the first year and
$2,800,000 the second year are for
purposes of the contamination cleanup
and development grant program under
Minnesota Statutes, sections 116J.551
to 116J.558. Of this appropriation,
$2,000,000 is a one-time appropriation
and is not added to the agency's budget
base.
$75,000 is for a grant to the city of
Lake Benton for planning costs
associated with a new visitor center
and railroad depot building. This is a
one-time appropriation and is not added
to the agency's budget base.
$220,000 the first year and $220,000
the second year are for microenterprise
technical assistance under Minnesota
Statutes, section 116J.8745. This is a
one-time appropriation and is not added
to the agency's budget base.
$50,000 in 2000 is for a grant to the
Chatfield brass band music lending
library. The money must be used for
computer hardware and software to
catalog the music collection and create
a Web site. This is a one-time
appropriation and must not be added to
the agency's budget base.
$50,000 in fiscal year 2000 is for a
one-time grant to the Duluth Economic
Development Authority for the purchase
and installation of railroad ties to
improve the Lake Superior Mississippi
Railroad scenic railway along the St.
Louis Bay in Duluth.
$100,000 is appropriated for a grant to
the city of Lanesboro for
predevelopment costs for the Root River
Regional Arts Center. This is a
one-time appropriation and is not added
to the agency's budget base.
$50,000 the first year is for a
one-time grant to county and district
agricultural societies and associations
that are eligible to receive aid under
Minnesota Statutes, section 38.02. The
commissioner shall administer this
appropriation pursuant to a need-based
competitive grant process.
$216,000 in the first year is for
one-time rural job creation grants
under Minnesota Statutes, section
469.309.
$450,000 is for a grant to the city of
Duluth to support the development of
the Duluth Technology Village. The
grant shall be used to establish
international partnerships, attract
software businesses, recruit and train
workers for the software industry, and
support a software business incubator
facility. This is a one-time
appropriation and is not part of the
agency base budget. This appropriation
is not available unless matched by
nonstate money.
$150,000 the first year is for a grant
to the suburban Hennepin regional park
district for restoration of the Grimm
farmstead.
$150,000 in the first year is for a
one-time grant to the city of Ely for
rehabilitation of the Ely technical
building.
$50,000 in the first year is for a
one-time grant to the Highland Park
district council for the enhancement of
the West Seventh Street/Gateway area,
which serves as a major transportation
and commercial corridor for visitors
from the Minneapolis-St. Paul
International Airport, Mall of America,
and other destinations. The
appropriation may be used to make
improvements to the public right-of-way
including, but not limited to,
landscaping, lighting, signage, and
roadway improvements. This
appropriation must be matched
one-for-one by nonstate funds.
$3,000,000 in the first year is for the
redevelopment account under Minnesota
Statutes, sections 116J.561 to
116J.567. The appropriation is
available for the biennium ending June
30, 2001. This is a one-time
appropriation and is not added to the
agency's budget base.
$75,000 in the first year is for a
one-time grant to Perham Business
Technology Center to equip the training
center with interactive television and
for program funds to implement the
business plan.
$300,000 in the first year is for a
one-time grant to the city of Owatonna
for city infrastructure improvements.
Sec. 14. [CORRECTION 9C.] 1999 H.F. No. 2390, article 1,
section 2, subdivision 4, if enacted, is amended to read:
Subd. 4. Tourism
10,805,000 10,910,000
Summary by Fund
General 10,060,000 10,144,000
Trunk Highway 745,000 766,000
To develop maximum private sector
involvement in tourism, $3,500,000 the
first year and $3,500,000 the second
year of the amounts appropriated for
marketing activities are contingent on
receipt of an equal contribution from
nonstate sources that have been
certified by the commissioner. Up to
one-half of the match may be given in
in-kind contributions.
In order to maximize marketing grant
benefits, the commissioner must give
priority for joint venture marketing
grants to organizations with year-round
sustained tourism activities. For
programs and projects submitted, the
commissioner must give priority to
those that encompass two or more areas
or that attract nonresident travelers
to the state.
If an appropriation for either year for
grants is not sufficient, the
appropriation for the other year is
available for it.
The commissioner may use grant dollars
or the value of in-kind services to
provide the state contribution for the
partnership program.
Any unexpended money from general fund
appropriations made under this
subdivision does not cancel but must be
placed in a special advertising account
for use by the office of tourism to
purchase additional media.
This appropriation may be used for a
grant to Minnesota Festivals and Events
Association for the following purposes:
(1) for a partnership with the
University of Minnesota's tourism
center to build the methodology for a
low-cost economic impact model that
will allow festival and event managers
to conduct research independently in
their own communities;
(2) to promote regional workshops to
increase production value and
professionalism for events in the
state, increase event service and
entertainment value for local
residents, build community awareness of
opportunities to generate new tourism,
and assure production of high quality,
safe, and meaningful tourism products
that are in line with the vision,
mission, and growth goals of individual
towns and cities in Minnesota;
(3) for a partnership with the
University of Minnesota's tourism
center to enhance professionalism via
its certified festival manager program,
training event managers and volunteer
staff to implement value-added
festivals and events for visitors to
the state;
(4) for a partnership with the
Minnesota office of tourism to publish
a pull-out mini-magazine advertising
the statewide festivals and events
calendar for the year; and
(5) to expand the Minnesota Festivals
and Events Association website, to
provide travel planners with more
festival and event intensive links to
communities hosting such activities.
$250,000 in the first year is for a
one-time grant for the purpose of the
Upper Red Lake business loan program.
$829,000 the first year and $829,000
the second year are for the Minnesota
film board. $329,000 of this
appropriation in each year is available
only upon receipt by the board of $1 in
matching contributions of money or
in-kind from nonstate sources for every
$3 provided by this appropriation. Of
this amount, $500,000 the first year
and $500,000 the second year are for
grants to the Minnesota film board for
a film production jobs fund to
stimulate feature film production in
Minnesota. This appropriation is to
reimburse film producers for two to
five percent of documented wages which
they paid to Minnesotans for film
production after January 1, 1999.
$100,000 the first year is for a grant
to promote tourism in the Mille Lacs
area. This is a one-time appropriation
and is not added to the agency's budget
base.
$100,000 the first year is for a
one-time grant to promote tourism in
the areas near the northern border of
Minnesota, including the Northwest
Angle.
$37,000 the first year is for
a one-time grant to the Mississippi
River parkway commission.
Sec. 15. [CORRECTION 10A.] 1999 H.F. No. 2390, article 1,
section 4, subdivision 4, if enacted, is amended to read:
Subd. 4. Workforce Preparation
17,273,000 11,718,000
Summary by Fund
General 11,221,000 10,666,000
Workforce
Development Fund 6,052,000 1,052,000
$775,000 the first year and $775,000
the second year are for job training
programs under Minnesota Statutes,
sections 268.60 to 268.64. This
appropriation is from the workforce
development fund.
$2,049,000 the first year and
$2,054,000 the second year are for
displaced homemaker programs under
Minnesota Statutes, section 268.96. Of
this appropriation, $227,000 each year
is a one-time appropriation from the
workforce development fund. The
commissioner shall prepare and report
to the legislature a plan for a sliding
scale fee structure for this program.
Of this amount, $100,000 the first year
and $100,000 the second year are for
one-time grants to the St. Paul
district 5 planning council. These
grants are to operate a community work
empowerment support group demonstration
project. A project consists of
empowerment groups of individuals that
are in the process of obtaining or have
obtained jobs, including those in the
welfare-to-work programs, or are
working out problems of attaining
self-sufficiency. The groups must
separately meet at least monthly for at
least two hours. Each group meeting
must include empower mentors whose
responsibility will be to conduct the
meeting. The sites will report to the
commissioner on a semiannual basis
regarding the progress achieved at the
meetings. The purpose of the group is
to:
(1) share information among group
members as to the successes and
problems encountered in the
individual's employment goals;
(2) provide a forum for individuals
involved in moving to self-sufficiency
to share their experiences and
strategies and to support and empower
each other; and
(3) to provide feedback to the
commissioner concerning the best
strategies to achieve the empowerment
support group's objectives.
$5,000,000 the first year is a one-time
appropriation from the workforce
development fund to match available
United States Department of Labor
Welfare-to-Work funds. The
commissioner shall explore sources of
noncash match for these funds. To the
extent this appropriation is not needed
for these purposes, the balance is
available for the Welfare-to-Work
program.
$1,425,000 the first year and
$1,425,000 the second year are for
youth intervention programs under
Minnesota Statutes, section 268.30.
Funding from this appropriation may be
used to expand existing programs to
serve unmet needs and to create new
programs in underserved areas. Of this
appropriation, $3,750 is for a grant to
the Minnesota Youth Intervention
Programs Association (YIPA) to provide
collaborative training and technical
assistance to community-based grantees
of the program.
$851,000 the first year and $852,000
the second year are for the Youthbuild
program under Minnesota Statutes,
sections 268.361 to 268.366. Of this
amount, $100,000 in the first year and
$100,000 in the second year are
one-time appropriations from the
workforce development general fund for
the YOUTHBUILD technical program under
Minnesota Statutes, section 268.368. A
Minnesota YOUTHBUILD program funded
under this section as authorized in
Minnesota Statutes, sections 268.361 to
268.367, qualifies as an approved
training program under Minnesota Rules,
part 5200.0930, subpart 1.
$116,000 the first year and $116,000
the second year are appropriated for
youth violence prevention programs to
match the federal juvenile
accountability incentive block grant.
This is a one-time appropriation.
Notwithstanding Minnesota Statutes,
section 268.022, subdivision 2, the
commissioner of finance shall transfer
to the general fund from the dedicated
fund on June 25, 1999, $29,000,000 of
the money collected through the special
assessment established in Minnesota
Statutes, section 268.022, subdivision
1. This paragraph is effective the day
following final enactment.
$572,000 in the first year is for
enterprise zone incentive grants under
Minnesota Statutes, section 469.305.
Sec. 16. [CORRECTION 10B.] 1999 H.F. No. 2390, article 1,
section 17, subdivision 1, if enacted, is amended to read:
Sec. 17. MINNESOTA HISTORICAL
SOCIETY
Subdivision 1. Total
Appropriation 24,934,000 27,794,000
24,794,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Sec. 17. [CORRECTION 11A.] 1999 S.F. No. 2221, article 1,
section 2, subdivision 4, if enacted, is amended to read:
Subd. 4. State Court Administration
13,498,000 12,595,000
$1,500,000 the first year and
$1,500,000 the second year are to begin
development and implementation of the
infrastructure for a coordinated and
integrated statewide criminal and
juvenile justice information system;
and for implementation of the judicial
branch justice information network.
This appropriation must be included in
the budget base for the 2002-2003
biennium.
$50,000 the first year and $50,000 the
second year are for a grant writer.
$25,000 the first year and $25,000 the
second year are for court document
translation costs.
$1,000,000 the first year is for
regional adult detention facility
construction planning grants under
article 2, section 22. Of this amount,
$200,000 is for a grant to plan,
develop, and issue a request for
proposals for the construction and
operation of a regional adult detention
facility by a private vendor. This is
a one-time appropriation.
$150,000 the first year and $150,000
the second year are for the state's
share of the costs associated with the
precommitment detention of persons as
described in Minnesota Statutes,
section 253B.185, subdivision 5. This
is a one-time appropriation.
The appropriation in Laws 1998, chapter
367, article 1, section 2, subdivision
4, for the parental cooperation task
force is available until expended.
$75,000 each year is transferred from
the base amount to the Center for Crime
Victim Services to operate the
mediation programs for crime victims
and offenders under Minnesota Statutes,
section 611A.77.
Sec. 18. [CORRECTION 11B.] 1999 S.F. No. 2221, article 1,
section 7, subdivision 6, if enacted, is amended to read:
Subd. 6. Law Enforcement and Community Grants
10,290,000 7,583,000
$1,000,000 the first year is for grants
to pay the costs of developing or
implementing a criminal justice
information integration plan as
described in Minnesota Statutes,
section 299C.65, subdivision 6 or 7.
The commissioner shall make a minimum
of two grants from this appropriation.
This is a one-time appropriation.
The commissioner of public safety shall
consider using a portion of federal
Byrne grant funds for costs related to
developing or implementing a criminal
justice information system integration
plan as described in Minnesota
Statutes, section 299C.65, subdivision
6 or 7.
$400,000 the first year is for a grant
to the city of Marshall to construct,
furnish, and equip a regional emergency
response training center. The balance,
if any, does not cancel but is
available for the fiscal year ending
June 30, 2001.
$10,000 the first year is for the
commissioner of public safety to
reconvene the task force that developed
the statewide master plan for fire and
law enforcement training facilities
under Laws 1998, chapter 404, section
21, subdivision 3, for the purpose of
developing specific recommendations
concerning the siting, financing and
use of these training facilities. The
commissioner's report shall include
detailed recommendations concerning the
following issues:
(1) the specific cities, counties, or
regions of the state where training
facilities should be located;
(2) the reasons why a training facility
should be sited in the recommended
location, including a description of
the public safety training needs in
that part of the state;
(3) the extent to which neighboring
cities and counties should be required
to collaborate in funding and operating
the recommended training facilities;
(4) an appropriate amount for a local
funding match (up to 50 percent) for
cities and counties using the training
facility to contribute in money or
other resources to build, expand, or
operate the facility;
(5) the feasibility of providing
training at one or more of the
recommended facilities for both law
enforcement and fire safety personnel;
(6) whether the regional or statewide
need for increased public safety
training resources can be met through
the expansion of existing training
facilities rather than the creation of
new facilities and, if so, which
facilities should be expanded; and
(7) any other issues the task force
deems relevant.
By January 15, 2000, the commissioner
shall submit the report to the chairs
and ranking minority members of the
house and senate committees and
divisions with jurisdiction over
capital investment issues and criminal
justice funding and policy.
$746,000 the first year and $766,000
the second year are for personnel and
administrative costs for the criminal
gang oversight council and strike force
described in Minnesota Statutes,
section 299A.64.
$1,171,000 the first year and
$2,412,000 the second year are for the
grants authorized under Minnesota
Statutes, section 299A.66, subdivisions
1 and 2. Of this appropriation,
$1,595,000 each year shall be included
in the 2002-2003 biennial base budget.
By January 15, 2000, the criminal gang
oversight council shall submit a report
to the chairs and ranking minority
members of the senate and house
committees and divisions with
jurisdiction over criminal justice
funding and policy describing the
following:
(1) the types of crimes on which the
oversight council and strike force have
primarily focused their investigative
efforts since their inception;
(2) a detailed accounting of how the
oversight council and strike force have
spent all funds and donations they have
received since their inception,
including donations of goods and
services;
(3) the extent to which the activities
of the oversight council and strike
force overlap or duplicate the
activities of the fugitive task force
or the activities of any federal,
state, or local task forces that
investigate interjurisdictional
criminal activity; and
(4) the long-term goals that the
criminal gang oversight council and
strike force hope to achieve.
The commissioner of public safety shall
consider using a portion of federal
Byrne grant funds for criminal gang
prevention and intervention activities
to (1) help gang members separate
themselves, or remain separated, from
gangs; and (2) prevent individuals from
becoming affiliated with gangs.
$50,000 the first year is for a grant
to the Minnesota Safety Council to
continue the crosswalk safety awareness
campaign. The Minnesota Safety Council
shall work with the department of
transportation to develop a long range
plan to continue the crosswalk safety
awareness campaign.
$500,000 the first year is for grants
under Minnesota Statutes, section
299A.62, subdivision 1. These grants
shall be distributed as provided in
Minnesota Statutes, section 299A.62,
subdivision 2. This is a one-time
appropriation.
Up to $30,000 of the appropriation for
grants under Minnesota Statutes,
section 299A.62, is for grants to
requesting local law enforcement
agencies to purchase dogs trained to
detect or locate controlled substances
by scent. Grants are limited to one
dog per county.
$500,000 the first year is a one-time
appropriation for a grant to the Ramsey
county attorney's office to establish
and fund the domestic assault and child
abuse prosecution unit. This is a
one-time appropriation.
$50,000 the first year and $50,000 the
second year are for grants to the
northwest Hennepin human services
council to administer the northwest
community law enforcement project, to
be available until June 30, 2001. This
is a one-time appropriation.
$30,000 the first year is to assist
volunteer ambulance services, licensed
under Minnesota Statutes, chapter 144E,
in purchasing automatic external
defibrillators. Ambulance services are
eligible for a grant under this
provision if they do not already
possess an automatic external
defibrillator and if they provide a 25
percent match in nonstate funds. This
is a one-time appropriation.
$50,000 the first year and $50,000 the
second year are for grants under
Minnesota Statutes, section 119A.31,
subdivision 1, clause (12), to
organizations that focus on
intervention and prevention of teenage
prostitution.
The commissioner of public safety shall
administer a program to distribute tire
deflators to local or state law
enforcement agencies selected by the
commissioner of public safety and to
distribute or otherwise make available
a computer-controlled driving simulator
to local or state law enforcement
agencies or POST-certified skills
programs selected by the commissioner
of public safety.
Before any decisions are made on which
law enforcement agencies will receive
tire deflators or the driving
simulator, a committee consisting of a
representative from the Minnesota
chiefs of police association, a
representative from the Minnesota
sheriffs association, a representative
from the state patrol, and a
representative from the Minnesota
police and peace officers association
shall evaluate the applications. The
commissioner shall consult with the
committee concerning its evaluation and
recommendations on distribution
proposals prior to making a final
decision on distribution.
Law enforcement agencies that receive
tire deflators under this section
must: (i) provide any necessary
training to their employees concerning
use of the tire deflators; (ii) compile
statistics on use of the tire deflators
and the results; (iii) provide a
one-to-one match in nonstate funds; and
(iv) report this information to the
commissioner as required.
Law enforcement agencies or
POST-certified skills programs that
receive a computer-controlled driving
simulator under this section must:
(1) provide necessary training to their
employees in emergency vehicle
operations and in the conduct of police
pursuits;
(2) provide a five-year plan for
maintaining the hardware necessary to
operate the driving simulator;
(3) provide a five-year plan to update
software necessary to operate the
driving simulator;
(4) provide a plan to make the driving
simulator available at a reasonable
cost and with reasonable availability
to other law enforcement agencies to
train their officers; and
(5) provide an estimate of the
availability of the driving simulator
for use by other law enforcement
agencies.
By January 15, 2001, the commissioner
shall report to the chairs and ranking
minority members of the house and
senate committees and divisions having
jurisdiction over criminal justice
matters on the tire deflators and the
driving simulator distributed under
this section.
$285,000 the first year is for a
one-time grant to the city of
Minneapolis to implement a coordinated
criminal justice system response to the
CODEFOR (Computer Optimized
Development-Focus on Results) law
enforcement strategy. This
appropriation is available until
expended.
$795,000 the first year is for a
one-time grant to Hennepin county to
implement a coordinated criminal
justice system response to the CODEFOR
(Computer Optimized Development-Focus
on Results) law enforcement strategy.
This appropriation is available until
expended.
$420,000 the first year is for a
one-time grant to the fourth judicial
district public defender's office to
accommodate the CODEFOR (Computer
Optimized Development-Focus on Results)
law enforcement strategy. This
appropriation is available until
expended.
$150,000 the first year and $150,000
the second year are for weed and seed
grants under Minnesota Statutes,
section 299A.63. Money not expended
the first year is available for grants
during the second year. This is a
one-time appropriation.
$200,000 each year is a one-time
appropriation for a grant to the center
for reducing rural violence to continue
the technical assistance and related
rural violence prevention services the
center offers to rural communities.
$500,000 the first year and $500,000
the second year are to operate the
weekend camp program at Camp Ripley
described in Laws 1997, chapter 239,
article 1, section 12, subdivision 3,
as amended by Laws 1998, chapter 367,
article 10, section 13. The powers and
duties of the department of corrections
with respect to the weekend program are
transferred to the department of public
safety under Minnesota Statutes,
section 15.039. The commissioner shall
attempt to expand the program to serve
500 juveniles per year within this
appropriation.
An additional $125,000 the first year
and $125,000 the second year are for
the weekend camp program at Camp Ripley.
$500,000 the first year and $500,000
the second year are for Asian-American
juvenile crime intervention and
prevention grants under Minnesota
Statutes, section 256.486. The powers
and duties of the department of human
services, with respect to that program,
are transferred to the department of
public safety under Minnesota Statutes,
section 15.039. This is a one-time
appropriation.
Sec. 19. [CORRECTION 11C.] 1999 S.F. No. 2221, article 1,
section 8, subdivision 3, if enacted, is amended to read:
Subd. 3. Crime Victims
Assistance
11,491,000 29,402,000
The executive director of the center
and the commissioner of human services
shall, in consultation with affected
parties, report by October 15, 1999, to
the governor, the commissioner of
finance, and appropriate legislative
committee chairs, on a complete plan
and legislation necessary for
implementation of the transfer of
payments to battered women's shelters
from the department to the center
effective July 1, 2000. The plan must
not exceed funding appropriated for
that purpose in fiscal year 2001 and
shall assume funding at that same level
for the following biennium.
$50,000 the first year and $50,000 the
second year are for the crime victim
emergency fund.
$109,000 the second year is for the
administration of the battered women's
shelter per diem payments.
$37,000 the first year and $38,000 the
second year are for the pilot project
grant program to provide
neighborhood-based services to crime
victims and witnesses described in
article 2, section 23. This
appropriation must be used by the grant
recipient to begin offering services in
new locations. This is a one-time
appropriation.
$103,000 the first year and $103,000
the second year are for grants under
Minnesota Statutes, section 611A.32, to
an existing battered women's shelter in
the city of Bloomington.
$103,000 the first year and $103,000
the second year are for grants under
Minnesota Statutes, section 611A.32, to
an American Indian battered women's
shelter in the city of Duluth.
$50,000 the first year is for a grant
to the Minnesota state colleges and
universities board to be used by the
center for applied research and policy
analysis at Metropolitan state
university to conduct a research
project to assess violence in the
Asian-Pacific communities and improve
data collection practices of mainstream
systems and institutions that work with
Asian-Pacific communities. By March 1,
2000, the center shall report the
results of the study to the chairs and
ranking minority members of the senate
and house committees and divisions
having jurisdiction over criminal
justice policy and funding.
$143,000 the first year is for grants
to the family violence coordinating
council in the fourth judicial district
for the development of a plan and the
evaluation and report by the domestic
fatality review team under article 2,
section 27. This appropriation is
available until expended.
$300,000 the first year and $300,000
the second year shall be used to award
a grant for the residential program for
women leaving prostitution described in
article 2, section 25. This is a
one-time appropriation.
$30,000 the first year and $30,000 the
second year are for grants to the city
of St. Paul to provide support services
to the surviving family members of
homicide, suicide, and accidental death
victims. This is a one-time
appropriation.
$75,000 the first year and $75,000 the
second year are for grants for
mediation programs for crime victims
and offenders under Minnesota Statutes,
section 611A.77. The powers and duties
of the supreme court, with respect to
the program, are transferred to the
center for crime victim services under
Minnesota Statutes, section 15.039.
However, notwithstanding Minnesota
Statutes, section 15.039, subdivision
7, no positions are transferred.
Sec. 20. [CORRECTION 11D.] 1999 S.F. No. 2221, article 1,
section 18, if enacted, is amended to read:
Sec. 18. AUTOMOBILE THEFT PREVENTION
BOARD 2,277,000 1,886,000
This appropriation is from the
automobile theft prevention account in
the special revenue fund.
Of this appropriation, up to $400,000
the first year is transferred to the
commissioner of public safety for the
purchase and distribution of tire
deflators to local or state law
enforcement agencies and for the
purchase of a computer-controlled
driving simulator. Any amount not
spent by the commissioner of public
safety for this purpose shall be
returned to the automobile theft
prevention account in the special
revenue fund and may be used for other
automobile theft prevention activities.
The automobile theft prevention board
may not spend any money it receives
from surcharges in the fiscal year
2000-2001 biennium, more than
$2,277,000 the first year and
$1,886,000 the second year, unless the
legislature approves the spending.
The executive director of the auto
theft prevention board may not sit on
the automobile theft prevention board.
Sec. 21. [CORRECTION 12A.] 1999 H. F. No. 2420, article 6,
section 2, if enacted, is amended to read:
Sec. 2. [275.078] [AUTHORIZATION; TAX RATE INCREASE.]
On or before October 1, 1999, and each subsequent year, the
county auditor shall certify to the governing body of each home
rule charter or statutory city with a population greater than
500 in the county and to the county board, the following
information for the taxing jurisdiction:
(1) the taxing jurisdiction's certified levy under section
275.08 for the previous year, taxes payable in the current year,
excluding any amount levied to pay general obligation bonds,
less (i) the areawide portion of the levy under section 276A.06,
subdivision 3, or 473F.08, subdivision 3, if any, for taxes
payable in the following year; and (ii) the sum of the net tax
capacity adjustment amount and the fiscal disparities adjustment
amount under section 273.1398, subdivision 2, if any, for aids
payable in the following year;
(2) the taxing jurisdiction's taxable net tax capacity for
the current assessment year, for taxes payable in the following
year; and
(3) the tax rate obtained by dividing the amount in clause
(1) by the amount in clause (2), rounded to the nearest
hundredth percent.
In order to impose a tax rate for purposes other than to
pay general obligation bonds for taxes payable in the following
year that is higher than the tax rate certified by the county
auditor under clause (3), the governing body of the city with a
population greater than 500 or the county board must adopt a
resolution, after holding a public hearing, authorizing a higher
tax rate and file a copy of the resolution with the county
auditor on or before October 20, 1999, and each year
thereafter. A county auditor is prohibited from fixing a tax
rate for purposes other than to pay general obligation bonds for
taxes payable in the following year that is higher than the rate
certified under clause (3) if a resolution has not been filed,
unless the higher rate is due solely to a reduction in the
taxing jurisdiction's net tax capacity certified under clause
(2) resulting from classification changes, exemptions, tax court
judgments, or clerical or administrative errors made by the
county. For purposes of this section, "public hearing"
includes, but is not limited to, regularly scheduled city
council hearings and county board meetings.
Sec. 22. [CORRECTION 12C.] 1999 H.F. No. 2420, article 5,
section 18, if enacted, is amended to read:
Sec. 18. Minnesota Statutes 1998, section 273.13, is
amended by adding a subdivision to read:
Subd. 24a. [TRANSIT ZONE PROPERTIES; PERSONAL PROPERTY
TAX.] (a) Notwithstanding the provisions of section 272.02 or
any other law to the contrary, a personal property tax is
imposed on the leasehold of a tenant of a structure described in
subdivision 24, paragraph (c), clause (2), item (i)(A) or (i)(C).
This subdivision does not apply to a structure if either of
the following occur:
(1) the structure upon initial occupancy is owner-occupied
by the entity initially constructing the structure or an
affiliated entity; or
(2) the structure is leased by a single entity or
affiliated entity at the time of initial occupancy.
(b) The tax equals the amount obtained by multiplying the
sum of the local tax rates by:
(1) the estimated market value of the structure multiplied
by
(2) the square footage of the structure under lease that
qualifies under subdivision 24, clause (c)(1), divided by
(3) the total square footage of the structure that
qualifies under subdivision 24, clause (c)(1), multiplied by
(4) the difference between the class rate under subdivision
24, paragraph (a), for the second tier and the class rate under
subdivision 24, paragraph (c), for the second tier for the
qualifying parts of a structure.
(c) The tax under this subdivision does not apply to a
lease that:
(1) was executed before May 1, 1999;
(2) was entered according to a binding written agreement
executed before May 1, 1999; or
(3) is a lease entered under an expansion option contained
in a lease or binding written agreement qualifying under clause
(1) or (2).
(d) The tax imposed under this subdivision is a personal
property tax and is imposed on the lessee or tenant and not on
the structure or the real property. The tax is an obligation of
the lessee or tenant and must be collected in the manner
provided for personal property taxes.
(e) The personal property tax applies only to a year in
which the leased structure qualifies for the transit zone class
rate.
Sec. 23. [126C.23] [ALLOCATION OF GENERAL EDUCATION
REVENUE.]
Subdivision 1. [DEFINITIONS.] For the purposes of this
section, "building" means education site as defined in section
123B.04, subdivision 1.
Subd. 2. [BUILDING ALLOCATION.] A district must initially
allocate its general education and referendum revenue to each
building in the district where the children who have generated
the revenue are served. General education and referendum
revenue generated by students served at sites not owned and
operated by the district must be allocated to a separate account
to be used for services for pupils who generated the revenue.
Subd. 3. [REALLOCATION FOR EXPENDITURES.] A district may,
by board resolution, adjust the initial allocation so as to
expend revenue for any purpose including, but not limited to,
district services, revenues or other funds established,
reallocations among buildings and programs and, separately, the
costs of increases in compensation approved by the board for
teachers and other employees.
Subd. 4. [SEPARATE ACCOUNTS.] Each district shall maintain
separate accounts to identify revenues and expenditures for each
building.
Subd. 5. [DATA REPORTING.] Each district must report to
the commissioner the estimated amount of general education and
referendum initially allocated to each building under
subdivision 2 and the amount of any reallocations under
subdivision 3 by January 30 of the current fiscal year, and the
actual amount of general education and referendum revenue
initially allocated to each building under subdivision 2 and the
amount of any reallocations under subdivision 3 by January 30 of
the next fiscal year.
Sec. 24. [EFFECTIVE DATE.]
Unless provided otherwise, each section of this act takes
effect at the time the provision being corrected takes effect.
Presented to the governor May 24, 1999
Signed by the governor May 25, 1999, 11:47 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes