Office of the Revisor of Statutes
Minnesota Session Laws - 2004, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 171-S.F.No. 2009
An act relating to state government; transferring
tourism functions from Department of Employment and
Economic Development to Explore Minnesota Tourism;
appropriating money; amending Minnesota Statutes 2002,
sections 116J.01, subdivision 5; 160.276, subdivision
5; Minnesota Statutes 2003 Supplement, sections
15.057; 15.75, subdivision 5; 116J.60; 161.20,
subdivision 3; 270B.14, subdivision 13; proposing
coding for new law as Minnesota Statutes, chapter
116U; repealing Minnesota Statutes 2002, sections
116J.01, subdivision 4; 116J.036; 116J.615; 116J.616;
116J.63, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2003 Supplement, section
15.057, is amended to read:
15.057 [PUBLICITY REPRESENTATIVES.]
No state department, bureau, or division, whether the same
operates on funds appropriated or receipts or fees of any nature
whatsoever, except the Department of Transportation, the
Department of Employment and Economic Development, the Game and
Fish Division, the Department of Economic Security, and the
State Agricultural Society, and Explore Minnesota Tourism shall
use any of such funds for the payment of the salary or expenses
of a publicity representative. The head of any such department,
bureau, or division shall be personally liable for funds used
contrary to this provision. This section shall not be
construed, however, as preventing any such department, bureau,
or division from sending out any bulletins or other publicity
required by any state law or necessary for the satisfactory
conduct of the business for which such department, bureau, or
division was created.
Sec. 2. Minnesota Statutes 2003 Supplement, section 15.75,
subdivision 5, is amended to read:
Subd. 5. [AGREEMENTS WITH DEPARTMENT OF EMPLOYMENT AND
ECONOMIC DEVELOPMENT.] The commissioner of employment and
economic development may enter into agreements with regional
entities established under subdivision 4 to prepare plans to
ensure coordination of the department's business development,
community development, and trade and tourism functions with
programs of local units of government and other public and
private development agencies in the regions. The plans will
identify regional development priorities and serve as a guide
for the implementation of the department's programs in the
regions.
Sec. 3. Minnesota Statutes 2002, section 116J.01,
subdivision 5, is amended to read:
Subd. 5. [DEPARTMENTAL ORGANIZATION.] (a) The commissioner
shall organize the department as provided in section 15.06.
(b) The commissioner may establish divisions and offices
within the department. The commissioner may employ four deputy
commissioners in the unclassified service. One deputy must
direct the Minnesota Trade Office and must be experienced and
knowledgeable in matters of international trade. One must
direct the Office of Tourism and be knowledgeable in matters of
tourism.
(c) The commissioner shall:
(1) employ assistants and other officers, employees, and
agents that the commissioner considers necessary to discharge
the functions of the commissioner's office;
(2) define the duties of the officers, employees, and
agents, and delegate to them any of the commissioner's powers,
duties, and responsibilities, subject to the commissioner's
control and under conditions prescribed by the commissioner.
(d) The commissioner shall ensure that there are at least
three trade employment and economic development officers in
state offices in nonmetropolitan areas of the state who will
work with local units of government on developing local trade
employment and economic development.
Sec. 4. Minnesota Statutes 2003 Supplement, section
116J.60, is amended to read:
116J.60 [PROMOTIONAL EXPENSES.]
In the promotion of tourism, trade, and economic
development of the state, the commissioner of employment and
economic development may expend money appropriated by the
legislature for these purposes in the same manner as private
persons, firms, corporations, and associations make expenditures
for these purposes. An expenditure for food, lodging, or travel
is not governed by the travel rules of the commissioner of
employee relations. No money shall be expended for the
appearance in radio or television broadcasts by an elected
public official.
Sec. 5. [116U.05] [EXPLORE MINNESOTA TOURISM.]
Explore Minnesota Tourism is created as an office in the
executive branch with a director appointed by the governor. The
director is under the supervision of the commissioner of
employment and economic development. The director serves in the
unclassified service and must be qualified by experience and
training in travel and tourism.
Sec. 6. [116U.10] [DEFINITIONS.]
Subdivision 1. [SCOPE.] As used in this chapter, the terms
defined in this section have the meanings given them.
Subd. 2. [DIRECTOR.] "Director" means the director of
Explore Minnesota Tourism.
Subd. 3. [OFFICE.] "Office" means Explore Minnesota
Tourism.
Sec. 7. [116U.15] [MISSION.]
The mission of Explore Minnesota Tourism is to promote and
facilitate increased travel to and within the state of
Minnesota. Its goals are to:
(1) expand public and private partnerships through
increased interagency efforts and increased tourism industry
participation;
(2) increase productivity through enhanced flexibility and
options; and
(3) use innovative fiscal and human resource practices to
manage the state's resources and operate the office as
efficiently as possible.
The director shall report to the legislature on the
performance of the office's operations and the accomplishment of
its goals in the office's biennial budget according to section
16A.10, subdivision 1.
Sec. 8. [116U.20] [ORGANIZATION.]
The director shall:
(1) employ assistants and other officers, employees, and
agents that the director considers necessary to discharge the
functions of the office; and
(2) define the duties of the officers, employees, and
agents, and delegate to them any of the director's powers,
duties, and responsibilities, subject to the director's control
and under conditions prescribed by the director.
Sec. 9. [116U.25] [EXPLORE MINNESOTA TOURISM COUNCIL.]
(a) The director shall be advised by the Explore Minnesota
Tourism Council consisting of up to 28 voting members appointed
by the governor for four-year terms, including:
(1) the director of Explore Minnesota Tourism who serves as
the chair;
(2) eleven representatives of statewide associations
representing bed and breakfast establishments, golf, festivals
and events, counties, convention and visitor bureaus, lodging,
resorts, trails, campgrounds, restaurants, and chambers of
commerce;
(3) one representative from each of the four tourism
marketing regions of the state as designated by the office;
(4) six representatives of the tourism business
representing transportation, retail, travel agencies, tour
operators, travel media, and convention facilities;
(5) one or more ex-officio nonvoting members including at
least one from the University of Minnesota Tourism Center;
(6) four legislators, two from each house, one each from
the two largest political party caucuses in each house,
appointed according to the rules of the respective houses; and
(7) other persons, if any, as designated from time to time
by the governor.
(b) The council shall act to serve the broader interests of
tourism in Minnesota by promoting activities that support,
maintain, and expand the state's domestic and international
travel market, thereby generating increased visitor
expenditures, tax revenue, and employment.
(c) Filling of membership vacancies is as provided in
section 15.059. The terms of one-half of the members shall be
coterminous with the governor and the terms of the remaining
one-half of the members shall end on the first Monday in January
one year after the terms of the other members. Members may
serve until their successors are appointed and qualify. Members
are not compensated. A member may be reappointed.
(d) The council shall meet at least four times per year and
at other times determined by the council. Notwithstanding
section 15.059, the council does not expire.
Sec. 10. [116U.30] [DUTIES OF DIRECTOR.]
(a) The director shall:
(1) publish, disseminate, and distribute informational and
promotional materials;
(2) promote and encourage the coordination of Minnesota
tourism promotion efforts with other state agencies and develop
multiagency marketing strategies when appropriate;
(3) promote and encourage the expansion and development of
international tourism marketing;
(4) advertise and disseminate information about Minnesota
travel opportunities;
(5) aid various local communities to improve their tourism
marketing programs;
(6) coordinate and implement a comprehensive state tourism
marketing program that takes into consideration public and
private businesses and attractions;
(7) contract, in accordance with section 16C.08, for
professional services if the work or services cannot be
satisfactorily performed by employees of the agency or by any
other state agency;
(8) provide local, regional, and statewide tourism
organizations with information, technical assistance, training,
and advice on using state tourism programs; and
(9) generally gather, compile, and make available
statistical information relating to Minnesota tourism and
related areas in this state, with authority to call upon other
state agencies for statistical data and results obtained by them
and to arrange and compile that statistical information.
(b) The director may:
(1) apply for, receive, and spend money for tourism
development and marketing from other agencies and tourism
organizations and businesses;
(2) apply for, accept, and disburse grants and other aids
for tourism development and marketing from the federal
government and other sources;
(3) enter into joint powers or cooperative agreements with
agencies of the federal government, local governmental units,
regional development commissions, other state agencies, the
University of Minnesota and other educational institutions,
other states, Canadian provinces, local, statewide, and regional
tourism organizations as necessary to perform the director's
duties;
(4) enter into interagency agreements and agree to share
net revenues with the contributing agencies;
(5) make grants;
(6) conduct market research and analysis to improve
marketing techniques in the area of tourism;
(7) monitor and study trends in the tourism industry and
provide resources and training to address change;
(8) annually convene conferences of Minnesota tourism
providers for the purposes of exchanging information on tourism
development, coordinating marketing activities, and formulating
tourism development strategies; and
(9) enter into tourism promotion contracts or other
agreements with private persons and public entities, including
agreements to establish and maintain offices and other types of
representation in foreign countries, to promote international
travel and to implement this chapter.
(c) Contracts for goods and nonprofessional technical
services made under paragraph (b), clauses (3) and (9), are not
subject to the provisions of sections 16C.03, subdivision 3, and
16C.06 concerning competitive bidding and section 16C.055
concerning barter arrangements. Unless otherwise determined by
the commissioner of administration, all other provisions of
chapter 16C apply to this section, including section 16C.08,
relating to professional and technical services.
Sec. 11. [116U.35] [PROMOTIONAL EXPENSES.]
To promote tourism of the state, the director may expend
money appropriated by the legislature for these purposes in the
same manner as private persons, firms, corporations, and
associations make expenditures for these purposes. Policies on
promotional expenses must be approved by the Explore Minnesota
Tourism Council and the commissioner of administration. A
policy for expenditures on food, lodging, and travel must be
approved by the commissioner of employee relations. No money
may be expended for the appearance in radio or television
broadcasts by an elected public official.
Sec. 12. [116U.40] [SPECIFIC AGREEMENTS PROHIBITED.]
The director may not enter into an agreement which would
obligate the state to pay any part of a debt incurred by a
public or private facility, organization, or attraction.
Sec. 13. [116U.45] [SALE OF PUBLICATIONS AND PROMOTIONAL
MATERIALS; FEES; ADVERTISING.]
The director may sell reports, publications, or related
publicity or promotional material of the office as the director
determines.
Fees for reports, publications, or related publicity or
promotional material are not subject to section 14.386 or to the
rulemaking requirements of chapter 14 in general and are not
subject to section 16A.1283 or 16A.1285. The fees prescribed by
the director must be commensurate with the distribution
objective of the office for the material produced or with the
cost of furnishing the services.
Office publications may contain advertising and may receive
advertising revenue from profit and nonprofit organizations,
associations, individuals and corporations, and other state,
federal, or local government agencies. The director shall set
advertising rates and fees commensurate with services rendered
and distribution objectives.
Revenue under this section is governed by section 116U.50.
Sec. 14. [116U.50] [REVENUE.]
All revenue received by the office must be deposited in a
special revenue account and is appropriated to the director for
the purposes of this chapter. The money does not cancel and is
available until expended.
Sec. 15. [116U.55] [GIFTS, GRANTS, AND ENDOWMENTS.]
The office may accept gifts of money, property, or
services, may apply for and accept grants from the United
States, the state, a subdivision of the state, or a person for
any of its purposes; may enter into an agreement required in
connection with it; and may hold, use, and dispose of the money,
property, or services in accordance with the terms of the gift,
grant, or agreement relating to it. The office may also make
grants, gifts, and bequests of money, property, or services and
enter into contracts to carry out the same. The gift acceptance
procedures of sections 16A.013 to 16A.016 do not apply to this
section.
Sec. 16. [116U.65] [TRANSITION.]
(a) Effective July 1, 2004, all Office of Tourism duties of
the Department of Employment and Economic Development are
transferred to Explore Minnesota Tourism under Minnesota
Statutes, section 15.039.
(b) The Department of Employment and Economic Development
shall provide research; communications; administration,
including fiscal, technology, and human resources assistance;
and legislative services to Explore Minnesota Tourism through
June 30, 2005. Effective July 1, 2005, one full-time equivalent
position for communications and one for research is permanently
transferred from the Department of Employment and Economic
Development to Explore Minnesota Tourism.
(c) Funding for the services in paragraph (b), rent, and
salaries shall be added to Explore Minnesota Tourism's base
budget for the biennium ending June 30, 2007, and the base
budget for the Department of Employment and Economic Development
is reduced by that amount.
Sec. 17. Minnesota Statutes 2002, section 160.276,
subdivision 5, is amended to read:
Subd. 5. [OFFICE OF EXPLORE MINNESOTA TOURISM.] The
commissioner shall provide space free of charge to the Office of
Explore Minnesota Tourism for travel information centers. The
commissioner shall not charge the Office of Explore Minnesota
Tourism for any regular expenses associated with the operation
of the travel information centers. The commissioner shall
provide highway maps free of charge for use and distribution
through the travel information centers.
Sec. 18. Minnesota Statutes 2003 Supplement, section
161.20, subdivision 3, is amended to read:
Subd. 3. [TRUNK HIGHWAY FUND APPROPRIATIONS.] The
commissioner may expend trunk highway funds only for trunk
highway purposes. Payment of expenses related to Bureau of
Criminal Apprehension laboratory, Office of Explore Minnesota
Tourism kiosks, Minnesota Safety Council, tort claims, driver
education programs, Emergency Medical Services Board, and
Mississippi River Parkway Commission do not further a highway
purpose and do not aid in the construction, improvement, or
maintenance of the highway system.
Sec. 19. Minnesota Statutes 2003 Supplement, section
270B.14, subdivision 13, is amended to read:
Subd. 13. [DISCLOSURE TO OFFICE OF EXPLORE MINNESOTA
TOURISM.] The commissioner may disclose to the Office of Explore
Minnesota Tourism in the Department of Employment and Economic
Development, the name, address, standard industrial North
American Industry Classification System (NAICS) code, and
telephone number of a travel or tourism related business that is
authorized to collect sales and use tax. The data may be used
only by the Office of Explore Minnesota Tourism to survey travel
or tourism related businesses.
Sec. 20. [REPEALER.]
Minnesota Statutes 2002, sections 116J.01, subdivision 4;
116J.036; 116J.615; 116J.616; and 116J.63, subdivision 4, are
repealed.
Sec. 21. [EFFECTIVE DATE.]
Except as specified otherwise, this act is effective July
1, 2004.
Presented to the governor April 28, 2004
Signed by the governor April 30, 2004, 3:05 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes