Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 312-S.F.No. 1203 
           An act relating to state government; reorganizing the 
          department of agriculture, the department of energy 
          and economic development, and the department of public 
          service, and providing for the powers and duties of 
          the three departments; changing the name of the 
          department of energy and economic development to the 
          department of trade and economic development; 
          designating the department of jobs and training as the 
          administrative agency for certain juvenile justice and 
          delinquency prevention purposes; providing grants for 
          youth intervention programs; creating the Minnesota 
          world trade center corporation and providing for its 
          powers and duties; changing the membership of the 
          world trade center board; authorizing the board to 
          contract for certain services and programs; 
          establishing the conference and service facility fund; 
          appropriating money; amending Minnesota Statutes 1986, 
          sections 17.03, by adding a subdivision; 17.101, 
          subdivision 1; 18.023, subdivision 11; 18.024, 
          subdivision 1; 43A.08, subdivision 1; 44A.01; 44A.02; 
          44A.031; 104.35, subdivisions 2 and 3; 115A.12, 
          subdivision 2; 116C.03, subdivision 2; 116J.01; 
          116J.03; 116J.58, subdivision 2; 116J.60; and 116J.63, 
          subdivision 2; proposing coding for new law in 
          Minnesota Statutes, chapters 44A; 116J; 236A; and 268; 
          proposing coding for new law as Minnesota Statutes, 
          chapter 216C; repealing Minnesota Statutes 1986, 
          sections 4.09; 17.03, subdivision 5; 44A.03; 44A.04; 
          44A.05; 44A.07; 116J.404; and 116J.405.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                               ARTICLE 1 

                                 ENERGY
    Section 1.  Minnesota Statutes 1986, section 18.023, 
subdivision 11, is amended to read:  
    Subd. 11.  [REPORT TO THE LEGISLATURE.] On or before 
January 31 of each year, the commissioner shall report to the 
legislature on the preceding year's approved disease control 
programs and any experimental programs conducted pursuant to 
subdivision 10a.  The commissioner, with the assistance of the 
commissioner of energy trade and economic development and the 
director of public service, shall investigate and evaluate the 
potential uses of wood infected with shade tree disease, 
including the uses as an alternative energy source and as a 
component in the construction or manufacture of new products.  
    Sec. 2.  Minnesota Statutes 1986, section 18.024, 
subdivision 1, is amended to read:  
    Subdivision 1.  The department of agriculture, in 
cooperation with the commissioner of energy trade and economic 
development, the director of public service, and the Minnesota 
shade tree advisory committee, shall draft recommendations for 
wood utilization or disposal systems as defined in section 
18.023.  These recommendations shall encourage maximum 
utilization of diseased shade trees.  In addition to insuring 
maximum utilization, the recommendations shall must be designed 
to insure public safety and to assure compliance with approved 
disease control programs. 
    Sec. 3.  Minnesota Statutes 1986, section 104.35, 
subdivision 2, is amended to read:  
    Subd. 2.  The commissioner shall make the proposed 
management plan available to affected local governmental bodies, 
shoreland owners, conservation and outdoor recreation groups, 
the commissioner of energy trade and economic development, the 
director of public service, the governor, and the general 
public.  The commissioner of energy trade and economic 
development, the director of public service, and the governor 
shall review the proposed management plan pursuant to in 
accordance with the criteria specified in section 86A.09, 
subdivision 3, and submit any written comments to the 
commissioner within 60 days after receipt of the proposed 
management plan.  Not less than 60 days after making such 
information available, the commissioner shall conduct a public 
hearing on the proposed management plan in the county seat of 
each county which that contains a portion of the designated 
area, in the manner provided in chapter 14. 
    Sec. 4.  Minnesota Statutes 1986, section 104.35, 
subdivision 3, is amended to read:  
    Subd. 3.  Upon receipt of the administrative law judge's 
report, the commissioner shall immediately forward the proposed 
management plan and the administrative law judge's report to the 
commissioner of energy trade and economic development and the 
director of public service for review pursuant to under section 
86A.09, subdivision 3, except that the review by the 
commissioner of energy trade and economic development shall and 
the director of public service must be completed or be deemed 
completed within 30 days after receiving the administrative law 
judge's report, and the review by the governor shall must be 
completed or be deemed completed within 15 days after receipt.  
Within 60 days after receipt of the administrative law judge's 
report, the commissioner shall decide whether to designate by 
order the river or a segment thereof of the river as a wild, 
scenic, or recreational river and, if so designated, shall adopt 
a management plan to govern the area.  The commissioner shall 
notify and inform public agencies and private landowners of the 
plan and its purposes so as to encourage their cooperation in 
the management and use of their land in a manner consistent with 
the plan and its purposes. 
    Sec. 5.  Minnesota Statutes 1986, section 115A.12, 
subdivision 2, is amended to read:  
    Subd. 2.  [TECHNICAL ADVISORY COUNCIL.] The chair of the 
board shall establish an interagency technical advisory council 
to advise the board and the chair on matters the board, through 
its chair, deems necessary.  The members of the council shall be 
are the commissioner of health; the commissioner of agriculture; 
the commissioner of natural resources; the director of the 
pollution control agency; the commissioner of energy trade and 
economic development; the director of public service; other 
heads of agency the chair of the board deems necessary; or their 
designees.  The council shall meet at the call of the chair of 
the board, who shall serve as chair of the council.  The 
members, collectively and individually shall advise the board 
and the chair on matters within their various areas of expertise 
and shall provide technical assistance and information as 
requested by the board through its chair. 
    Sec. 6.  Minnesota Statutes 1986, section 116C.03, 
subdivision 2, is amended to read:  
    Subd. 2.  The board shall include as members of the board 
are the director of the state planning agency, the director of 
public service, the director of the pollution control agency, 
the commissioner of natural resources, the commissioner of 
agriculture, the commissioner of health, the commissioner of 
transportation, and a representative of the governor's office 
designated by the governor.  The governor shall appoint five 
members from the general public to the board, subject to the 
advice and consent of the senate.  At least two of the five 
public members shall must have knowledge of and be conversant in 
water management issues in the state.  
    Sec. 7.  [216C.01] [DEFINITIONS.] 
    Subdivision 1.  [APPLICABILITY.] The definitions in this 
section apply to section 8 and those sections renumbered by 
section 10. 
    Subd. 2.  [DIRECTOR.] "Director" means the director of the 
department of public service. 
    Subd. 3.  [DEPARTMENT.] "Department" means the department 
of public service. 
    Sec. 8.  [216C.02] [POWERS AND DUTIES OF DIRECTOR; RULES.] 
    Subdivision 1.  [POWERS.] The director may: 
    (1) apply for, receive, and spend money received from 
federal, municipal, county, regional, and other government 
agencies and private sources; 
    (2) apply for, accept, and disburse grants and other aids 
from public and private sources; 
    (3) contract for professional services if work or services 
required or authorized to be carried out by the director cannot 
be satisfactorily performed by employees of the department or by 
another state agency; 
    (4) enter into interstate compacts to carry out research 
and planning jointly with other states or the federal government 
when appropriate; 
    (5) upon reasonable request, distribute informational 
material at no cost to the public; and 
    (6) enter into contracts for the performance of the 
director's duties with federal, state, regional, metropolitan, 
local, and other agencies or units of government and educational 
institutions, including the University of Minnesota, without 
regard to the competitive bidding requirements of chapters 16A 
and 16B.  
     Subd. 2.  [APPROPRIATION.] Money received by the director 
under this section must be deposited in the state treasury and 
is appropriated to the director for the purpose for which the 
money has been received.  The money appropriated by this 
subdivision does not cancel and is available until expended.  
This appropriation does not apply to money resulting from 
litigation or settlements of alleged violations of federal 
petroleum pricing regulations. 
    Subd. 3.  [RULES.] The director may adopt rules under 
chapter 14 to carry out the director's duties and 
responsibilities under this section and those sections 
renumbered by section 10. 
    Sec. 9.  [FUNCTIONS TRANSFERRED; ENERGY DIVISION 
ESTABLISHED.] 
    The functions of the department of energy and economic 
development energy division are transferred from that division 
to the public service department and are placed under the 
jurisdiction and control of the director of public service.  The 
energy division is established within the department of public 
service.  The division shall administer the duties and functions 
assigned to it by law. 
    Sec. 10.  [INSTRUCTION TO REVISOR.] 
    Subdivision 1.  The revisor of statutes shall renumber the 
section of Minnesota Statutes specified in column A with the 
corresponding number in column B.  The revisor shall make 
necessary cross-reference changes consistent with the 
renumbering. 
    In the statutes listed below, the revisor of statutes shall 
also change all references to "commissioner" or "commissioner of 
the department of energy and economic development" in the 
statutes specified in column A to "director" and all references 
to "department of energy and economic development" to 
"department." 
           Column A                   Column B
           116J.04                    216C.04
           116J.05                    216C.05
           116J.06                    216C.06
           116J.07                    216C.07
           116J.08                    216C.08
           116J.09                    216C.09
           116J.10                    216C.10
           116J.11                    216C.11
           116J.12                    216C.12
           116J.13                    216C.13
           116J.14                    216C.14
           116J.15                    216C.15
           116J.16                    216C.16
           116J.17                    216C.17
           116J.18                    216C.18
           116J.19                    216C.19
           116J.20                    216C.20
           116J.21                    216C.21
           116J.22                    216C.22
           116J.23                    216C.23
           116J.24                    216C.24
           116J.25                    216C.25
           116J.26                    216C.26
           116J.261                   216C.261
           116J.262                   216C.262
           116J.27                    216C.27
           116J.29                    216C.29
           116J.30                    216C.30
           116J.31                    216C.31
           116J.315                   216C.315
           116J.32                    216C.32
           116J.33                    216C.33
           116J.34                    216C.34
           116J.35                    216C.35
           116J.373                   216C.373
           116J.38                    216C.38
           116J.381                   216C.381
    Subd. 2.  The revisor of statutes shall change all 
references to the "commissioner of energy and economic 
development" or the "commissioner" (meaning the commissioner of 
energy and economic development) to the "director of public 
service" or the "director" in the statutes listed below: 
     13.68 
     325F.19 
     325F.20 
     325F.21 
     325F.22 
     325F.23 
     325F.24 
     16B.56, subd. 1 
     115A.15 
     126.111 
     174.03, subd. 7 
    Sec. 11.  Minnesota Statutes 1986, section 17.03, is 
amended by adding a subdivision to read: 
    Subd. 6.  [COOPERATION WITH MINNESOTA TRADE DIVISION.] The 
commissioner of agriculture, the commissioner of trade and 
economic development, and the director of the Minnesota trade 
division shall cooperate with each other to promote the 
beneficial agricultural interests of the state.  The 
commissioner of trade and economic development and the director 
of the Minnesota trade division have primary responsibility for 
promoting state agricultural interests to international 
markets.  The commissioner of trade and economic development and 
the director of the Minnesota trade division are also 
responsible for the promotion of national trade programs related 
to international marketing.  The commissioner of agriculture has 
primary responsibility for promoting the agriculture interests 
of producers, promoting state agricultural markets, and 
promoting agricultural interests of the state in cooperative 
production and marketing efforts with other states and the 
United States Department of Agriculture.  The commissioner of 
agriculture is also responsible for promoting the national 
marketing of state agricultural products. 
    Sec. 12.  Minnesota Statutes 1986, section 17.101, 
subdivision 1, is amended to read:  
    Subdivision 1.  [DEPARTMENTAL DUTIES.] For the purposes of 
expanding, improving, and developing the markets for products of 
Minnesota agriculture, the commissioner shall encourage and 
promote the marketing of these products by means of:  
    (a) advertising Minnesota agricultural products;  
    (b) assisting state agricultural commodity organizations;  
    (c) developing methods to increase processing and marketing 
of agricultural commodities including commodities not being 
produced in Minnesota on a commercial scale, but which may have 
economic potential in national and international markets;  
    (d) investigating and identifying new marketing technology 
and methods to enhance the competitive position of Minnesota 
agricultural products;  
    (e) evaluating livestock marketing opportunities;  
    (f) assessing and developing national and international 
markets for Minnesota agricultural products;  
    (g) studying the conversion of raw agricultural products to 
manufactured products including ethanol;  
    (h) hosting the visits of foreign trade teams to Minnesota 
and defraying the teams' expenses;  
    (i) assisting Minnesota agricultural businesses desiring to 
sell their products in national and international markets; and 
    (j) other activities the commissioner deems appropriate to 
promote Minnesota agricultural products in national and 
international markets, provided that the activities do not 
duplicate programs or services provided by the Minnesota trade 
division or the Minnesota world trade center corporation. 
    Sec. 13.  Minnesota Statutes 1986, section 43A.08, 
subdivision 1, is amended to read:  
    Subdivision 1.  [UNCLASSIFIED POSITIONS.] Unclassified 
positions are held by employees who are: 
    (a) Chosen by election or appointed to fill an elective 
office; 
    (b) Heads of agencies required by law to be appointed by 
the governor or other elective officers, and the executive or 
administrative heads of departments, bureaus, divisions and 
institutions specifically established by law in the unclassified 
service; 
    (c) Deputy and assistant agency heads, and one confidential 
secretary in the agencies listed in subdivision 1a;  
    (d) The confidential secretary to each of the elective 
officers of this state and, for the secretary of state, state 
auditor, and state treasurer, an additional deputy, clerk, or 
employee; 
    (e) Intermittent help employed by the commissioner of 
public safety to assist in the issuance of vehicle licenses; 
    (f) Employees in the offices of the governor and of the 
lieutenant governor, and one confidential employee for the 
governor in the office of the adjutant general; 
    (g) Employees of the Washington, D.C., office of the state 
of Minnesota;  
     (h) Employees of the legislature and of legislative 
committees or commissions; provided that employees of the 
legislative audit commission, except for the legislative 
auditor, the deputy legislative auditors, and their confidential 
secretaries, shall be employees in the classified service; 
    (h) (i) Presidents, vice presidents, deans, other managers 
and professionals in academic and academic support programs, 
administrative or service faculty, teachers, research assistants 
and student employees eligible under terms of the federal 
economic opportunity act work study program in the state 
universities and community colleges.  This paragraph shall, but 
not be construed to include the custodial, clerical, or 
maintenance employees, or any professional or managerial 
employee performing duties in connection with the business 
administration of these institutions. 
    (i) (j) Officers and enlisted persons in the national guard;
    (j) (k) Attorneys, legal assistants, examiners, and three 
confidential employees appointed by the attorney general or 
employed with the attorney general's authorization; 
    (k) (l) Judges and all employees of the judicial branch, 
referees, receivers, jurors, and notaries public, except 
referees and adjusters employed by the department of labor and 
industry; 
    (l) (m) Members of the state patrol; provided that 
selection and appointment of state patrol troopers shall be made 
in accordance with applicable laws governing the classified 
service; 
    (m) (n) Chaplains employed by the state; 
    (n) (o) Examination monitors and intermittent training 
instructors employed by the departments of employee relations 
and commerce; 
    (o) (p) Student workers; and 
    (p) (q) Employees unclassified pursuant to other statutory 
authority. 
    Sec. 14.  Minnesota Statutes 1986, section 116J.01, is 
amended to read:  
    116J.01 [DEPARTMENT OF ENERGY TRADE AND ECONOMIC 
DEVELOPMENT.] 
    Subdivision 1.  [APPOINTMENT.] The department of energy 
trade and economic development shall be is supervised and 
controlled by the commissioner of energy trade and economic 
development, who shall be is appointed by the governor and serve 
serves under the provisions of section 15.06.  
    Subd. 2.  [CONFIDENTIAL SECRETARY.] The commissioner may 
appoint a confidential secretary in the unclassified service. 
    Subd. 3.  [DEPARTMENTAL ORGANIZATION.] The commissioner 
shall organize the department as provided in section 15.06.  The 
department shall must be organized into four three divisions, 
which shall be designated as the energy business promotion and 
marketing division, the community development division, the 
economic development division, and the financial management 
division; and the Minnesota trade division, and two offices, the 
office of tourism and the policy analysis office.  Each division 
and office is responsible for administering shall administer the 
duties and functions assigned to it by law.  When the duties of 
the divisions or office are not allocated by law, the 
commissioner may establish and revise the assignments of each 
division and office.  Each division shall be is under the 
direction of a deputy commissioner in the unclassified service.  
The deputy commissioner of the Minnesota trade division must be 
experienced and knowledgeable in matters of international trade. 
The Each office of tourism is under the direction of a 
director of tourism in the unclassified service.  The governor 
shall appoint the director of tourism. 
    Sec. 15.  Minnesota Statutes 1986, section 116J.03, is 
amended to read:  
    116J.03 [DEFINITIONS.] 
    Subdivision 1.  [SCOPE.] As used in chapter 116J, the terms 
defined in this section have the meaning given them.  
    Subd. 2.  [COMMISSIONER.] "Commissioner" means the 
commissioner of energy trade and economic development.  
    Subd. 3.  [DEPARTMENT.] "Department" means the department 
of energy trade and economic development.  
    Sec. 16.  Minnesota Statutes 1986, section 116J.58, 
subdivision 2, is amended to read:  
    Subd. 2.  [PROMOTIONAL CONTRACTS.] In order to best carry 
out duties and responsibilities and to serve the people of the 
state in the promotion of tourism, trade, and economic 
development, the commissioner may engage in programs and 
projects jointly with a private person, firm, corporation or 
association and may enter into contracts under terms to be 
mutually agreed upon to carry out such programs and projects not 
including acquisition of land or buildings.  Such Contracts may 
be negotiated and shall are not be subject to the provisions of 
chapter 16, insofar as such provisions relate 16B relating to 
competitive bidding.  
    Sec. 17.  Minnesota Statutes 1986, 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 energy trade 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. 18.  [116J.613] [WASHINGTON OFFICE.] 
    The commissioner may appoint employees in the Washington, 
D.C., office of the state of Minnesota in accordance with 
chapter 43A, and prescribe their duties. 
    In the operation of the Washington, D.C., office of the 
state of Minnesota, the commissioner may expend money 
appropriated by the legislature for promotional purposes in the 
same manner as private persons, firms, corporations, and 
associations expend money for promotional purposes.  Promotional 
expenditures for food, lodging, or travel are not governed by 
the travel rules of the commissioner of employee relations.  
    Sec. 19.  Minnesota Statutes 1986, section 116J.63, 
subdivision 2, is amended to read:  
    Subd. 2.  The commissioner shall recommend a schedule of 
fees pursuant to section 16A.128 to be charged for these 
materials and for services rendered by the department in 
furnishing them.  Fees for reports, publications, or related 
publicity or promotional material are not subject to the 
rulemaking requirements of chapter 14 and are not subject to 
sections 16A.128 and 16A.1281.  The fees prescribed by the 
commissioner shall must be commensurate with the distribution 
objective of the department for the material produced or with 
the cost of furnishing the services.  All fees for materials and 
services shall must be deposited in the general fund.  
    Sec. 20.  [116J.966] [COMMISSIONER'S TRADE PROMOTION 
DUTIES.] 
    Subdivision 1.  [GENERALLY.] (a) The commissioner shall 
promote, develop, and facilitate trade and foreign investment in 
Minnesota.  In furtherance of these goals, and in addition to 
the powers granted by section 116J.035, the commissioner may:  
    (1) locate, develop, and promote international markets for 
Minnesota products and services;  
    (2) arrange and lead trade missions to countries with 
promising international markets for Minnesota goods, technology, 
services, and agricultural products;  
    (3) promote Minnesota products and services at domestic and 
international trade shows;  
    (4) organize, promote, and present domestic and 
international trade shows featuring Minnesota products and 
services;  
    (5) host trade delegations and assist foreign traders in 
contacting appropriate Minnesota businesses and investments;  
    (6) develop contacts with Minnesota businesses and gather 
and provide information to assist them in locating and 
communicating with international trading or joint venture 
counterparts;  
    (7) provide information, education, and counseling services 
to Minnesota businesses regarding the economic, commercial, 
legal, and cultural contexts of international trade; 
    (8) provide Minnesota businesses with international trade 
leads and information about the availability and sources of 
services relating to international trade, such as export 
financing, licensing, freight forwarding, international 
advertising, translation, and custom brokering;  
    (9) locate, attract, and promote foreign investment and 
business development in Minnesota to enhance employment 
opportunities in Minnesota;  
    (10) provide foreign businesses and investors desiring to 
locate facilities in Minnesota information regarding sources of 
governmental, legal, real estate, financial, and business 
services;  
    (11) undertake activities to support the world trade 
center; and 
    (12) enter into contracts or other agreements with private 
persons and public entities to carry out the purposes of 
promoting international trade and attracting investment from 
foreign countries to Minnesota and to carry out this section, 
without regard to sections 16B.07 and 16B.09.  
    (b) The programs and activities of the commissioner of 
trade and economic development and the Minnesota trade division 
may not duplicate programs and activities of the commissioner of 
agriculture or the Minnesota world trade center corporation. 
    Subd. 2.  [AGRICULTURAL PROMOTION.] The commissioner of 
agriculture, the commissioner of trade and economic development, 
and the director of the Minnesota trade division shall cooperate 
with each other to promote the beneficial agricultural interests 
of the state.  The commissioner of trade and economic 
development and the director of the Minnesota trade division 
have primary responsibility for promoting state agricultural 
interests to international markets.  The commissioner of trade 
and economic development and the director of the Minnesota trade 
division are also responsible for the promotion of national 
trade programs related to international marketing.  The 
commissioner of agriculture has primary responsibility for 
promoting the agriculture interests of producers, promoting 
state agricultural markets, and promoting agricultural interests 
of the state in cooperative production and marketing efforts 
with other states and the United States Department of 
Agriculture.  The commissioner of agriculture is also 
responsible for promoting the national marketing of state 
agricultural products. 
    Sec. 21.  [236A.02] [ADMINISTRATIVE SUPPORT.] 
    The commissioner of agriculture in consultation with the 
director of the Minnesota trade division shall provide 
administrative staff and support to the Interstate Agricultural 
Grain Marketing Commission members from this state. 

                JUVENILE JUSTICE AND YOUTH INTERVENTION 
    Sec. 22.  [268.29] [JUVENILE JUSTICE PROGRAM.] 
    The governor shall designate the department of jobs and 
training as the sole agency responsible for supervising the 
preparation and administration of the state plan for juvenile 
justice required by the Juvenile Justice and Delinquency 
Prevention Act of 1974, as amended. 
    The governor shall designate the juvenile justice advisory 
committee as the supervisory board for the department of jobs 
and training with respect to preparation and administration of 
the state plan and award of grants.  
    The governor shall appoint members to the juvenile justice 
advisory committee in accordance with the membership 
requirements of the Juvenile Justice and Delinquency Prevention 
Act of 1974, as amended. 
    Sec. 23.  [268.30] [GRANTS-IN-AID TO YOUTH INTERVENTION 
PROGRAMS.] 
    Subdivision 1.  [GRANTS.] The commissioner may make grants 
to nonprofit agencies administering youth intervention programs 
in communities where the programs are or may be established. 
    "Youth intervention program" means a nonresidential 
community-based program providing advocacy, education, 
counseling, and referral services to youth and their families 
experiencing personal, familial, school, legal, or chemical 
problems with the goal of resolving the present problems and 
preventing the occurrence of the problems in the future. 
    Subd. 2.  [APPLICATIONS.] Applications for a grant-in-aid 
shall be made by the administering agency to the commissioner.  
The grant-in-aid is contingent upon the agency having obtained 
from the community in which the youth intervention program is 
established local matching money two times the amount of the 
grant that is sought. 
    The commissioner shall provide by rule the application 
form, procedures for making application form, criteria for 
review of the application, and kinds of contributions in 
addition to cash that qualify as local matching money.  No grant 
to any agency shall exceed $25,000.  
    Sec. 24.  [REORGANIZATION.] 
    The divisions and offices established within the department 
of trade and economic development by section 14 include the 
following divisions and offices in existence within and without 
the department before the effective date of this article: 
    (1) the business promotion and marketing division; 
    (2) the community development division includes the 
community development division and the financial management 
division; 
    (3) the office of tourism includes the office of tourism; 
    (4) the Minnesota trade division includes the Minnesota 
trade office in the department of agriculture relating to 
international trade, but does not include the functions and 
positions of the office relating solely to domestic agricultural 
promotion; and 
    (5) the policy analysis office includes the division of 
policy analysis. 
    Sec. 25.  [REPEALER.] 
    Minnesota Statutes 1986, sections 4.09; 17.03, subdivision 
5; 116J.404; and 116J.405 are repealed. 
    Sec. 26.  [INSTRUCTION TO REVISOR.] 
    Subdivision 1.  The revisor of statutes shall renumber each 
section of Minnesota Statutes in column A with the corresponding 
number in column B.  The revisor shall also make necessary 
cross-reference changes consistent with the renumbering and 
change the words "commissioner of agriculture" or similar words 
to "commissioner of the department of trade and economic 
development" or similar words. 
          Column A            Column B
          17.103              116J.970 
          17.104              116J.971 
          17.105              116J.972
    Subd. 2.  The revisor of statutes shall, except in those 
sections listed in section 10, change all references to the 
commissioner or the department of energy and economic 
development to the commissioner or department of trade and 
economic development, as appropriate, whenever those words 
appear in Minnesota Statutes. 
    Sec. 27.  [EFFECTIVE DATE.] 
    This article is effective the day following final enactment.

                               ARTICLE 2 

                           WORLD TRADE CENTER 
    Section 1.  [44A.001] [DEFINITIONS.] 
    Subdivision 1.  [APPLICABILITY.] For purposes of this 
chapter, the following terms have the meaning given them in this 
section.  
    Subd. 2.  [BOARD.] "Board" means the governing board of the 
Minnesota world trade center corporation.  
    Subd. 3.  [CONFERENCE AND SERVICE CENTER.] "Conference and 
service center" means the approximately 20,000 square feet of 
space on the third and fourth floors of the Minnesota world 
trade center that the state of Minnesota has the right to 
possess, occupy, and use subject to the terms and conditions of 
the development agreement.  
    Subd. 4.  [CORPORATION.] "Corporation" means the Minnesota 
world trade center corporation established by section 44A.01.  
    Subd. 5.  [DEVELOPMENT AGREEMENT.] "Development agreement" 
means the agreement entered into by and between the world trade 
center board, as agent of the state of Minnesota, and Oxford 
Development Minnesota, Inc., dated July 27, 1984, and the 
amendments to that agreement, for development and construction 
of a world trade center at a designated site in Minnesota.  
    Subd. 6.  [MINNESOTA WORLD TRADE CENTER.] "Minnesota world 
trade center" means the facility constructed in accordance with 
the development agreement.  
    Sec. 2.  Minnesota Statutes 1986, section 44A.01, is 
amended to read:  
    44A.01 [WORLD TRADE CENTER BOARD CORPORATION.] 
    Subdivision 1.  [MEMBERSHIP ESTABLISHMENT.] (a) A world 
trade center board is created to facilitate and support 
Minnesota world trade center programs and services and promote 
the growth of international trade in Minnesota.  The world trade 
center board consists of nine voting members and four 
legislators serving as nonvoting members.  Three members are 
representatives of the membership of the Minnesota world trade 
center, one member is a representative of the international 
business community, and one member is a representative of the 
agricultural community.  
    (b) The initial voting members are appointed by the 
governor with the advice and consent of the senate.  The terms 
of five of the initial voting members shall expire the first 
Monday in January 1987.  The terms of the remaining four initial 
voting members shall expire the first Monday in January 1989.  A 
vacancy is filled in the same manner as the appointment.  The 
Minnesota world trade center corporation is a public corporation 
established to facilitate and support Minnesota world trade 
center programs and services and to promote the Minnesota world 
trade center.  The corporation is a state agency, but is not 
subject to chapters 14, 16A, 16B, 43A, and 179A.  
    Subd. 2.  [BOARD MEMBERSHIP.] (a) The corporation is 
governed by a board of directors consisting of: 
    (1) six members, representing the international business 
community, elected to six-year terms by the association of 
members established under section 4, subdivision 2, clause (5); 
    (2) three members appointed by the governor, with the 
advice and consent of the senate, to six-year terms; and 
    (3) six legislators appointed under paragraph (b). 
    Members appointed by the governor must be knowledgeable or 
experienced in international trade in products or services. 
    (c) (b) Legislator members are two three members of the 
senate appointed under the rules of the senate and two three 
members of the house of representatives appointed by the 
speaker.  One member from each house must be appointed from the 
minority party of that house.  Except for the initial members, 
who are to be appointed following enactment, they are appointed 
at the beginning of each regular session of the legislature for 
two-year terms.  A legislator who remains a member of the body 
from which the legislator was appointed may serve until a 
successor is appointed and qualifies.  A vacancy in a legislator 
member's term is filled for the unexpired portion of the term in 
the same manner as the original appointment.  
    Subd. 2. 3.  [TERMS; COMPENSATION; REMOVAL.] Except as 
provided in this section, terms, compensation, and removal of 
members who are not legislators are as provided in section 
15.059.  
    Subd. 3. 4.  [ORGANIZATION.] The chair of the world trade 
center board is selected by the board members The board shall 
elect a chair and an executive committee from its members.  
    Sec. 3.  Minnesota Statutes 1986, section 44A.02, is 
amended to read:  
    44A.02 [PRESIDENT.] 
    Subdivision 1.  [SELECTION.] The president of the world 
trade center board corporation is selected by a majority of the 
board and serves at the pleasure of the board.  The president 
must be familiar with the international business community, and 
have demonstrated proficiency in communication skills, 
administration, and management.  The salary of the president is 
set by the board within the limit set by sections, but may not 
exceed the salary set for the commissioner of finance under 
section 15A.081, subdivision 1, and 43A.17.  
    Subd. 2.  [DUTIES.] The president is the chief 
administrative officer of the board corporation and is 
responsible for performing the executive duties of the board 
corporation.  The president is not a member of the board.  
    Subd. 3.  [EMPLOYEES.] The president may appoint 
unclassified employees in accordance with chapter 43A and 
prescribe their duties.  Employees and officers of the 
corporation are not state employees, but at the option of the 
board may participate in the following plans for employees in 
the unclassified service:  the state retirement plan, the state 
deferred compensation plan, and the health insurance and life 
insurance plans.  The president may delegate to a subordinate 
the exercise of specified statutory powers or duties as the 
president deems advisable, subject to the control of the 
president. 
    Sec. 4.  [44A.023] [POWERS.] 
    Subdivision 1.  [LEGAL ACTION.] The corporation may sue and 
be sued in the manner and subject to the limitations of other 
state agencies.  
    Subd. 2.  [OTHER POWERS.] The board may: 
    (1) define, formulate, administer, and deliver programs and 
services through the world trade center;  
    (2) establish satellite operations of the Minnesota world 
trade center within the continental United States;  
    (3) accept gifts and grants from other sources;  
    (4) set and collect fees for services and programs;  
    (5) adopt membership requirements for an association of 
members of the Minnesota world trade center; 
    (6) participate jointly with private persons, firms, 
corporations, or organizations or with public entities in 
appropriate programs or projects and enter into contracts to 
spend money to carry out those programs or projects;  
    (7) have a seal and alter it at will;  
    (8) acquire and dispose of personal property, including 
inchoate and intellectual property, royalties, stock, and stock 
warrants;  
    (9) enter into contracts or agreements with a federal or 
state agency, individual, business entity, or other organization;
    (10) acquire and dispose of real property or an interest in 
real property;  
    (11) purchase insurance;  
    (12) spend money appropriated to it for its purposes, 
including expenditures for the food, lodging, and travel of 
consultants and speakers hired by the board, and for 
publications, advertising, and promotional activities; and 
    (13) hold and maintain membership for the Minnesota world 
trade center in the world trade centers association.  
    Sec. 5.  [44A.025] [DUTIES.] 
    The board shall: 
    (1) promote and market the Minnesota world trade center;  
    (2) sponsor conferences or other promotional events in the 
conference and service center;  
    (3) adopt bylaws governing operation of the corporation by 
November 1, 1987;  
    (4) establish a Minnesota world trade center club program 
in accordance with the development agreement;  
    (5) conduct public relations and liaison activities between 
the corporation and the international business community; 
    (6) establish and maintain an office in the Minnesota world 
trade center; and 
    (7) not duplicate programs or services provided by the 
commissioner of trade and economic development, the Minnesota 
trade division, or the commissioner of agriculture. 
    Sec. 6.  Minnesota Statutes 1986, section 44A.031, is 
amended to read:  
    44A.031 [PROMOTIONAL EXPENSES.] 
    The world trade center board may expend money in the world 
trade center fund, and any other money appropriated by the 
legislature, for the purpose of promotion of world trade in 
Minnesota to carry out sections 4 and 5.  Promotional expenses 
include, but are not limited to, expenses for the food, lodging 
and travel of consultants and, speakers, and employees hired by 
the board, and publications and other forms of advertising.  
Promotional expenditures may be made in the same manner as 
expenditures made by private persons, firms, corporations, or 
associations for similar purposes, and are not subject to 
regulation by the commissioner of employee relations. 
    Sec. 7.  [44A.0311] [WORLD TRADE CENTER CORPORATION FUND.] 
    The world trade center corporation fund is an account in 
the state treasury.  All money received by the corporation, 
including money generated from the use of the conference and 
service center, except money generated from the use of the 
center by the Minnesota trade division, must be deposited in the 
fund.  Money in the fund including interest earned is 
appropriated to the board and must be used exclusively for 
corporation purposes. 
    Sec. 8.  [44A.11] [USE OF CONFERENCE AND SERVICE CENTER.] 
    The board shall operate or provide for the operation of the 
conference and service center.  Priority use of the conference 
and service center must be given to programs and activities 
related to international trade.  The board may permit use of the 
center for public benefits and other revenue raising purposes 
only after all requests for use of the center for international 
business have been accommodated. 
    Sec. 9.  [TRANSITION.] 
    (a) The nine voting members of the Minnesota world trade 
center board on the effective date of this section shall serve 
as the first nonlegislative members of the first Minnesota world 
trade center corporation board of directors.  The governor shall 
designate three of the nine as the governor's appointees and 
shall designate one of those members to serve a term of two 
years, one a term of four years, and one a term of six years.  
At the conclusion of the terms of the three members designated 
by the governor as the governor's appointees, their successors 
must be appointed under section 2, subdivision 2, paragraph (a), 
clause (2).  Of the remaining six members of the first world 
trade center corporation board, two shall serve terms of two 
years, two shall serve terms of four years, and two shall serve 
terms of six years.  The determination of members who serve 
these terms must be made by the governor.  On expiration of 
these six members' terms, successors must be elected under 
section 2, subdivision 2, paragraph (a), clause (1).  If the 
association fails to elect successors within 90 days of the 
expiration of a term, the governor shall fill that term by 
appointment. 
    Sec. 10.  [MEMBERSHIP AGREEMENT.] 
    The Minnesota world trade center corporation shall request 
the executive board of the world trade centers association to 
transfer the membership of the Minnesota world trade center 
board in the world trade centers association to the corporation. 
    Sec. 11.  [TRANSFERS; APPROPRIATIONS; COMPLEMENT.] 
    Subdivision 1.  [DEFINITIONS.] The definitions in section 1 
apply to this section.  
    Subd. 2.  [TRANSFER.] All of the state of Minnesota's 
rights and obligations under the development agreement and all 
existing contracts related to the approximately 20,000 square 
feet to which the world trade center board is a party or 
beneficiary is transferred to the corporation.  All other 
property of the world trade center board, including any 
unexpended balance of the world trade center board 1987 
appropriation and matching funds, is transferred and 
appropriated to the corporation. 
    Subd. 3.  [OPERATING EXPENSES APPROPRIATION.] $135,000 the 
first year and $180,000 the second year is appropriated from the 
general fund to the commissioner of administration to pay the 
operating expenses of the Minnesota world trade center 
conference and service center as required by the development 
agreement, to be available until June 30, 1989.  If the 
appropriation for either year is insufficient, the appropriation 
for the other year is available for it. 
    Subd. 4.  [APPROPRIATIONS AND COMPLEMENT.] The approved 
complement of the Minnesota trade division of the department of 
trade and economic development is increased by four positions.  
The commissioner of trade and economic development shall fund 
these positions with money appropriated to the department of 
trade and economic development by other law. 
    Sec. 12.  [REPEALER.] 
    Minnesota Statutes 1986, sections 44A.03; 44A.04; 44A.05; 
and 44A.07, are repealed.  
    Sec. 13.  [TOURISM APPOINTMENT.] 
    Notwithstanding section 14 of article 1, the governor shall 
appoint the director of tourism until January 1, 1989. 
    Sec. 14.  [EFFECTIVE DATE.] 
    Sections 1 to 12 are effective July 1, 1987. 
    Approved May 28, 1987