Minnesota Office of the Revisor of Statutes
[*Add Subtitle/link: Office]

Menu

Revisor of Statutes Menu

Minnesota Session Laws

Key: (1) language to be deleted (2) new language

                            CHAPTER 359-S.F.No. 2730 
                  An act relating to state government; department of 
                  administration; making technical corrections relating 
                  to information systems and technology, data practices, 
                  and certain appropriations oversight; changing the 
                  name of the Minnesota telecommunications network; 
                  clarifying department of administration authority over 
                  building operations and maintenance; extending the 
                  expiration date of the governor's residence council; 
                  changing certain terminology, providing for 
                  disposition of certain revenue, modifying provisions 
                  relating to certain disability councils, and 
                  clarifying certain referenda authority with respect to 
                  the state building code; amending Minnesota Statutes 
                  1996, sections 16B.04, subdivision 2; 16B.24, 
                  subdivision 1; 16B.27, subdivision 3; 16B.58, 
                  subdivision 1; 16B.65, subdivisions 1 and 6; and 
                  124C.74, subdivisions 2 and 3; Minnesota Statutes 1997 
                  Supplement, sections 15.059, subdivision 5a; 16B.415; 
                  16B.465; 16B.72; 16E.03, subdivision 1; 16E.13, 
                  subdivision 3; and 221.173; Laws 1995, First Special 
                  Session chapter 3, article 12, section 7, subdivision 
                  1, as amended; and Laws 1997, chapter 202, article 1, 
                  section 12, subdivision 4; proposing coding for new 
                  law in Minnesota Statutes, chapter 16B. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1997 Supplement, section 
        15.059, subdivision 5a, is amended to read: 
           Subd. 5a.  [NO EXPIRATION.] Notwithstanding subdivision 5, 
        the advisory councils and committees listed in this subdivision 
        do not expire June 30, 1997.  These groups expire June 30, 2001, 
        unless the law creating the group or this subdivision specifies 
        an earlier expiration date. 
           Investment advisory council, created in section 11A.08; 
           Intergovernmental information systems advisory council, 
        created in section 16B.42, expires June 30, 1999; 
           Feedlot and manure management advisory committee, created 
        in section 17.136; 
           Aquaculture advisory committee, created in section 17.49; 
           Dairy producers board, created in section 17.76; 
           Pesticide applicator education and examination review 
        board, created in section 18B.305; 
           Advisory seed potato certification task force, created in 
        section 21.112; 
           Food safety advisory committee, created in section 28A.20; 
           Minnesota organic advisory task force, created in section 
        31.95; 
           Public programs risk adjustment work group, created in 
        section 62Q.03, expires June 30, 1999; 
           Workers' compensation self-insurers' advisory committee, 
        created in section 79A.02; 
           Youth corps advisory committee, created in section 84.0887; 
           Iron range off-highway vehicle advisory committee, created 
        in section 85.013; 
           Mineral coordinating committee, created in section 93.002; 
           Game and fish fund citizen advisory committees, created in 
        section 97A.055; 
           Wetland heritage advisory committee, created in section 
        103G.2242; 
           Wastewater treatment technical advisory committee, created 
        in section 115.54; 
           Solid waste management advisory council, created in section 
        115A.12; 
           Nuclear waste council, created in section 116C.711; 
           Genetically engineered organism advisory committee, created 
        in section 116C.93; 
           Environment and natural resources trust fund advisory 
        committee, created in section 116P.06; 
           Child abuse prevention advisory council, created in section 
        119A.13; 
           Chemical abuse and violence prevention council, created in 
        section 119A.27; 
           Youth neighborhood services advisory board, created in 
        section 119A.29; 
           Interagency coordinating council, created in section 
        120.1701, expires June 30, 1999; 
           Desegregation/integration advisory board, created in 
        section 121.1601; 
           Nonpublic education council, created in section 123.935; 
           Permanent school fund advisory committee, created in 
        section 124.078; 
           Indian scholarship committee, created in section 124.48; 
           American Indian education committees, created in section 
        126.531; 
           Summer scholarship advisory committee, created in section 
        126.56; 
           Multicultural education advisory committee, created in 
        section 126.82; 
           Male responsibility and fathering grants review committee, 
        created in section 126.84; 
           Library for the blind and physically handicapped advisory 
        committee, created in section 134.31; 
           Higher education advisory council, created in section 
        136A.031; 
           Student advisory council, created in section 136A.031; 
           Cancer surveillance advisory committee, created in section 
        144.672; 
           Maternal and child health task force, created in section 
        145.881; 
           State community health advisory committee, created in 
        section 145A.10; 
           Mississippi River Parkway commission, created in section 
        161.1419; 
           School bus safety advisory committee, created in section 
        169.435; 
           Advisory council on workers' compensation, created in 
        section 175.007; 
           Code enforcement advisory council, created in section 
        175.008; 
           Medical services review board, created in section 176.103; 
           Apprenticeship advisory council, created in section 178.02; 
           OSHA advisory council, created in section 182.656; 
           Health professionals services program advisory committee, 
        created in section 214.32; 
           Rehabilitation advisory council for the blind, created in 
        section 248.10; 
           American Indian advisory council, created in section 
        254A.035; 
           Alcohol and other drug abuse advisory council, created in 
        section 254A.04; 
           Medical assistance drug formulary committee, created in 
        section 256B.0625; 
           Home care advisory committee, created in section 256B.071; 
           Preadmission screening, alternative care, and home and 
        community-based services advisory committee, created in section 
        256B.0911; 
           Traumatic brain injury advisory committee, created in 
        section 256B.093; 
           Minnesota commission serving deaf and hard-of-hearing 
        people, created in section 256C.28; 
           American Indian child welfare advisory council, created in 
        section 257.3579; 
           Juvenile justice advisory committee, created in section 
        268.29; 
           Northeast Minnesota economic development fund technical 
        advisory committees, created in section 298.2213; 
           Iron range higher education committee, created in section 
        298.2214; 
           Northeast Minnesota economic protection trust fund 
        technical advisory committee, created in section 298.297; 
           Pipeline safety advisory committee, created in section 
        299J.06, expires June 30, 1998; 
           Battered women's advisory council, created in section 
        611A.34. 
           Sec. 2.  Minnesota Statutes 1996, section 16B.04, 
        subdivision 2, is amended to read: 
           Subd. 2.  [POWERS AND DUTIES, GENERAL.] Subject to other 
        provisions of this chapter, the commissioner is authorized to:  
           (1) supervise, control, review, and approve all state 
        contracts and purchasing; 
           (2) provide agencies with supplies and equipment and 
        operate all central store or supply rooms serving more than one 
        agency; 
           (3) approve all computer plans and contracts, and oversee 
        the state's data processing system; 
           (4) investigate and study the management and organization 
        of agencies, and reorganize them when necessary to ensure their 
        effective and efficient operation; 
           (5) manage and control state property, real and personal; 
           (6) maintain and operate all state buildings including the 
        state capitol building and grounds, as described in section 
        16B.24, subdivision 1; 
           (7) supervise, control, review, and approve all capital 
        improvements to state buildings and the capitol building and 
        grounds; 
           (8) provide central duplicating, printing, and mail 
        facilities; 
           (9) oversee publication of official documents and provide 
        for their sale; 
           (10) manage and operate parking facilities for state 
        employees and a central motor pool for travel on state business; 
           (11) establish and administer a state building code; and 
           (12) provide rental space within the capitol complex for a 
        private day care center for children of state employees.  The 
        commissioner shall contract for services as provided in this 
        chapter.  The commissioner shall report back to the legislature 
        by October 1, 1984, with the recommendation to implement the 
        private day care operation.  
           Sec. 3.  [16B.053] [GRANTS.] 
           The commissioner may apply for, receive, and expend money 
        made available from federal or other sources for the purposes of 
        carrying out the duties and responsibilities of the commissioner 
        under sections 16B.054 and 16B.055. 
           All moneys received by the commissioner under sections 
        16B.054 and 16B.055 must be deposited in the state treasury and 
        are appropriated to the commissioner for the purpose for which 
        the moneys are received.  The money does not cancel and is 
        available until expended. 
           Sec. 4.  [16B.054] [DEVELOPMENTAL DISABILITIES.] 
           The department of administration is designated as the 
        responsible agency to assist the Minnesota governor's council on 
        developmental disabilities in carrying out all responsibilities 
        under United States Code, title 42, section 6021 et seq., as 
        well as those responsibilities relating to the program which are 
        not delegated to the council. 
           Sec. 5.  [16B.055] [STAR PROGRAM.] 
           The department of administration shall serve as the lead 
        agency to assist the Minnesota governor's advisory council on 
        technology for people with disabilities in carrying out all 
        responsibilities pursuant to United States Code, title 29, 
        section 2211 et seq., and any other responsibilities related to 
        that program. 
           Sec. 6.  Minnesota Statutes 1996, section 16B.24, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [OPERATION AND MAINTENANCE OF BUILDINGS.] 
        The commissioner is authorized to maintain and operate the state 
        capitol building and grounds, subject to whatever standards and 
        policies are set for its appearance and cleanliness by the 
        capitol area architectural and planning board and the 
        commissioner under section 15.50, subdivision 2, clause (h) (j), 
        and the state office building, the judicial center, the economic 
        security buildings in Minneapolis and St. Paul, the state 
        department of health building, and the surplus property 
        building, and their grounds all other buildings, cafeterias, and 
        grounds in state-owned buildings in the capitol area under 
        section 15.50, subdivision 2, clause (a), the state department 
        of public safety, bureau of criminal apprehension building in 
        St. Paul, the state department of health building in 
        Minneapolis, the Duluth government services center in Duluth, 
        321 Grove street buildings in St. Paul, any other properties 
        acquired by the department of administration, and, when the 
        commissioner considers it advisable and practicable, any other 
        building or premises owned or rented by the state for the use of 
        a state agency.  The commissioner shall assign and reassign 
        office space in the capitol and state buildings to make an 
        equitable division of available space among agencies.  The 
        commissioner shall regularly update the long-range strategic 
        plan for locating agencies and shall follow the plan in 
        assigning and reassigning space to agencies.  The plan must 
        include locational and urban design criteria, a cost-analysis 
        method to be used in weighing state ownership against leasing of 
        space in specific instances, and a transportation management 
        plan.  If the commissioner determines that a deviation from the 
        plan is necessary or desirable in a specific instance, the 
        commissioner shall provide the legislature with a timely written 
        explanation of the reasons for the deviation.  The power granted 
        in this subdivision does not apply to state hospitals or to 
        educational, penal, correctional, or other institutions not 
        enumerated in this subdivision the control of which is vested by 
        law in some other agency.  
           Sec. 7.  Minnesota Statutes 1996, section 16B.27, 
        subdivision 3, is amended to read: 
           Subd. 3.  [COUNCIL.] The governor's residence council 
        consists of the following 19 members:  the commissioner; the 
        spouse, or a designee of the governor; the executive director of 
        the Minnesota state arts board; the director of the Minnesota 
        historical society; a member of the senate appointed pursuant to 
        the rules of the senate; a member of the house of 
        representatives appointed pursuant to the rules of the house of 
        representatives; 13 persons appointed by the governor including 
        one in the field of higher education, one member of the American 
        Society of Interior Designers, Minnesota Chapter, one member of 
        the American Institute of Architects, Minnesota chapter, one 
        member of the American Society of Landscape Architects, 
        Minnesota Chapter, one member of the family that donated the 
        governor's residence to the state, if available, and eight 
        public members with four public members' terms being coterminous 
        with the governor who appoints them.  Members of the council 
        serve without compensation.  Membership terms, removal, and 
        filling of vacancies for members appointed by the governor are 
        governed by section 15.0575.  The council shall elect a chair 
        and a secretary from among its members.  The council expires on 
        June 30, 1998 2001. 
           Sec. 8.  Minnesota Statutes 1997 Supplement, section 
        16B.415, is amended to read: 
           16B.415 [OPERATION OF INFORMATION SYSTEMS.] 
           The commissioner, through a division of technology 
        management, is responsible for ongoing operations of state 
        agency information technology activities.  These include records 
        management, activities relating to the government Data Practices 
        Act, operation of MNet the state information infrastructure, and 
        activities necessary to make state information systems year 2000 
        compliant.  
           Sec. 9.  Minnesota Statutes 1997 Supplement, section 
        16B.465, is amended to read: 
           16B.465 [MINNESOTA NETWORK FOR TELECOMMUNICATIONS 
        ("MNET") STATE INFORMATION INFRASTRUCTURE.] 
           Subdivision 1.  [CREATION.] The Minnesota network for 
        telecommunications, known as "MNet," state information 
        infrastructure provides voice, data, video, and other 
        telecommunications transmission services to state agencies; 
        educational institutions, including public schools as defined in 
        section 120.05, nonpublic, church or religious organization 
        schools that provide instruction in compliance with sections 
        120.101 to 120.102, and private colleges; public corporations; 
        and state political subdivisions.  It is not a telephone company 
        for purposes of chapter 237.  It shall not resell or sublease 
        any services or facilities to nonpublic entities except it may 
        serve private schools and colleges.  The commissioner has the 
        responsibility for planning, development, and operations of MNet 
        the state information infrastructure in order to provide 
        cost-effective telecommunications transmission services to MNet 
        state information infrastructure users. 
           Subd. 2.  [ADVISORY COUNCIL.] MNet is managed by the 
        commissioner.  Subject to section 15.059, subdivisions 1 to 4, 
        the commissioner shall appoint an advisory council to provide 
        advice in implementing and operating MNet.  The council shall 
        represent the users of MNet services and shall include 
        representatives of higher education, public and private schools, 
        state agencies, and political subdivisions. 
           Subd. 3.  [DUTIES.] The commissioner, after consultation 
        with the office of technology, shall: 
           (1) provide voice, data, video, and other 
        telecommunications transmission services to the state and to 
        political subdivisions through an account in the 
        intertechnologies revolving fund; 
           (2) manage vendor relationships, network function, and 
        capacity planning in order to be responsive to the needs of the 
        system state information infrastructure users; 
           (3) set rates and fees for services; 
           (4) approve contracts relating to the system; 
           (5) in consultation with the office of technology, develop 
        the system plan, including plans for the phasing of its 
        implementation and maintenance of the initial system, and the 
        annual program and fiscal plans for the system; and 
           (6) in consultation with the office of technology, develop 
        a plan for interconnection of the network with private colleges 
        and public and private schools in the state. 
           Subd. 4.  [PROGRAM PARTICIPATION.] (a) The commissioner may 
        require the participation of state agencies, the state board of 
        education, and the board of trustees of the Minnesota state 
        colleges and universities and may request the participation of 
        the board of regents of the University of Minnesota, in the 
        planning and implementation of the network to provide 
        interconnective technologies.  The commissioner shall establish 
        reimbursement rates in cooperation with the commissioner of 
        finance to be billed to participating agencies and educational 
        institutions sufficient to cover the operating, maintenance, and 
        administrative costs of the system. 
           (b) A direct appropriation made to an educational 
        institution for usage costs associated with MNet the state 
        information infrastructure must only be used by the educational 
        institution for payment of usage costs of the network as billed 
        by the commissioner of administration.  
           Subd. 6.  [APPROPRIATION.] Money appropriated for MNet the 
        state information infrastructure and fees for telecommunications 
        services must be deposited in an account in the 
        intertechnologies fund.  Money in the account is appropriated 
        annually to the commissioner to operate telecommunications 
        services. 
           Subd. 7.  [EXEMPTION.] The system is exempt from the 
        five-year limitation on contracts set by section 16B.07, 
        subdivision 2. 
           Sec. 10.  Minnesota Statutes 1996, section 16B.58, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [POWERS AND DUTIES OF THE COMMISSIONER.] No 
        person may park a motor vehicle, either privately or publicly 
        owned, upon any parking lot or facility owned or operated by the 
        state except as authorized by this section.  The commissioner 
        shall operate and supervise all state parking lots and 
        facilities associated with buildings described in section 
        16B.24, subdivision 1, or when the commissioner considers it 
        advisable and practicable, any other parking lots or facilities 
        owned or rented by the state for the use of a state agency or 
        state employees.  The commissioner may also provide employee 
        shuttle service and promote alternative transportation modes, 
        including initiatives to increase the number of multi-occupancy 
        vehicles.  The commissioner may fix and collect rents, charges, 
        or fees in connection with and for the use of any state parking 
        lot or facility within the cities of St. Paul and Minneapolis 
        except for any state lot or facility the control of which is 
        vested by law in a state agency other than the department of 
        administration. 
           Sec. 11.  Minnesota Statutes 1996, section 16B.65, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [APPOINTMENTS.] The governing body of each 
        municipality shall, unless other means are already provided, 
        appoint a building official to administer the code.  Two or more 
        municipalities may combine in the appointment of a single 
        building official for the purpose of administering the 
        provisions of the code within their communities.  In those 
        municipalities for which no building officials have been 
        appointed, the state building inspector official, with the 
        approval of the commissioner, may appoint building officials to 
        serve until the municipalities have made an appointment.  If 
        unable to make an appointment, the state building inspector 
        official may use whichever state employees or state agencies are 
        necessary to perform the duties of the building official.  All 
        costs incurred by virtue of an appointment by the state building 
        inspector official or services rendered by state employees must 
        be borne by the involved municipality.  Receipts arising from 
        the appointment must be paid into the state treasury and 
        credited to the general special revenue fund.  
           Sec. 12.  Minnesota Statutes 1996, section 16B.65, 
        subdivision 6, is amended to read: 
           Subd. 6.  [VACANCIES.] In the event that a certified 
        building official vacates that position within a municipality, 
        that municipality shall appoint a certified building official to 
        fill the vacancy as soon as possible.  If the municipality fails 
        to appoint a certified building official within 90 days of the 
        occurrence of the vacancy, the state building inspector official 
        may make the appointment or provide state employees to serve 
        that function as provided in subdivision 1.  
           Sec. 13.  Minnesota Statutes 1997 Supplement, section 
        16B.72, is amended to read: 
           16B.72 [REFERENDA ON STATE BUILDING CODE IN NONMETROPOLITAN 
        COUNTIES.] 
           Notwithstanding any other provision of law to the contrary, 
        a county that is not a metropolitan county as defined by section 
        473.121, subdivision 4, may provide, by a vote of the majority 
        of its electors residing outside of municipalities that have 
        adopted the state building code before January 1, 1977, that no 
        part of the state building code except the building requirements 
        for handicapped persons and the requirements for elevator safety 
        applies within its jurisdiction.  
           The county board may submit to the voters at a regular or 
        special election the question of adopting the building code.  
        The county board shall submit the question to the voters if it 
        receives a petition for the question signed by a number of 
        voters equal to at least five percent of those voting in the 
        last general election.  The question on the ballot must be 
        stated substantially as follows:  
           "Shall the state building code be adopted in .......... 
        County?"  
           If the majority of the votes cast on the proposition is in 
        the negative, the state building code does not apply in the 
        subject county, outside home rule charter or statutory cities or 
        towns that adopted the building code before January 1, 1977, 
        except the building requirements for handicapped persons and the 
        requirements for elevator safety do apply.  
           Nothing in this section precludes a municipality or town 
        that did has not adopt adopted the state building code before 
        January 1, 1977, from adopting and enforcing by ordinance or 
        other legal means the state building code within its 
        jurisdiction.  
           Sec. 14.  [16B.735] [ENFORCEMENT OF REQUIREMENTS FOR 
        HANDICAPPED PERSONS.] 
           A statutory or home rule charter city that is not covered 
        by the state building code because of action taken under section 
        16B.72 or 16B.73 is responsible for enforcement in the city of 
        the state building code's requirements for handicapped persons.  
        In all other areas where the state building code does not apply 
        because of action taken under section 16B.72 or 16B.73, the 
        county is responsible for enforcement of those requirements. 
           Sec. 15.  Minnesota Statutes 1997 Supplement, section 
        16E.03, subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] For the purposes of sections 
        16E.03 to 16E.05, the following terms have the meanings given 
        them. 
           (a) "Information and communications technology activity" 
        means the development or acquisition of information and 
        communications technology devices and systems, but does not 
        include MNet the state information infrastructure or its 
        contractors. 
           (b) "Data processing device or system" means equipment or 
        computer programs, including computer hardware, firmware, 
        software, and communication protocols, used in connection with 
        the processing of information through electronic data processing 
        means, and includes data communication devices used in 
        connection with computer facilities for the transmission of data.
           (c) "State agency" means an agency in the executive branch 
        of state government and includes the Minnesota higher education 
        services office. 
           Sec. 16.  Minnesota Statutes 1997 Supplement, section 
        16E.13, subdivision 3, is amended to read: 
           Subd. 3.  [ASSISTANCE AND FUNDING; GENERAL PRINCIPLES.] 
        Community technical assistance and development seed funding for 
        aggregation of demand and community IT planning provided through 
        the IT community resource development initiative is contingent 
        upon the following general principles: 
           (1) that communities and regions show evidence of, or 
        intent to do, cooperative funding and planning between sectors 
        including, but not limited to, private sector providers, public 
        sector technology investments such as MNet the state information 
        infrastructure, library systems, health care providers, 
        businesses, schools and other educational institutions, and the 
        nonprofit sector; and 
           (2) that communities and regions agree to form local and 
        regional IT coordination committees or modify similar, existing 
        committees to be more inclusive of other sectors and undertake 
        comprehensive planning across those sectors to leverage public 
        and private IT investment to the maximum benefit of all citizens.
           Sec. 17.  Minnesota Statutes 1996, section 124C.74, 
        subdivision 2, is amended to read: 
           Subd. 2.  [SCHOOL DISTRICT TELECOMMUNICATIONS GRANT.] (a) A 
        school district may apply for a grant under this subdivision 
        to:  (1) establish connections among school districts, and 
        between school districts and the MNet statewide 
        telecommunications network state information infrastructure 
        administered by the department of administration under section 
        16B.465; or (2) if such a connection meeting minimum electronic 
        connectivity standards is already established, enhance 
        telecommunications capacity for a school district.  The minimum 
        standards of capacity are a 56 kilobyte data line and 768 
        kilobyte ITV connection, subject to change based on the 
        recommendations by the Minnesota education telecommunications 
        council.  A district may submit a grant application for 
        interactive television with higher capacity connections in order 
        to maintain multiple simultaneous connections.  To ensure 
        coordination among school districts, a school district must 
        submit its grant application to the council through an 
        organization that coordinates the applications and connections 
        of at least ten school districts or through an existing 
        technology cooperative.  
           (b) The application must, at a minimum, contain information 
        to document for each applicant school district the following: 
           (1) that the proposed connection meets the minimum 
        standards and employs an open network architecture that will 
        ensure interconnectivity and interoperability with other 
        education institutions and libraries; 
           (2) that the proposed connection and system will be 
        connected to MNet the state information infrastructure through 
        the department of administration under section 16B.465 and that 
        a network service and management agreement is in place; 
           (3) that the proposed connection and system will be 
        connected to the higher education telecommunication network and 
        that a governance agreement has been adopted which includes 
        agreements between the school district system, a higher 
        education regional council, libraries, and coordinating 
        entities; 
           (4) the telecommunication vendor, which may be MNet, 
        selected to provide service from the district to an MNet a state 
        information infrastructure hub or to a more cost-effective 
        connection point to MNet the state information infrastructure; 
        and 
           (5) other information, as determined by the commissioner in 
        consultation with the education telecommunications council, to 
        ensure that connections are coordinated, meet state standards 
        and are cost-effective, and that service is provided in an 
        efficient and cost-effective manner. 
           (c) A grant applicant shall obtain a grant proposal for 
        network services from MNet.  If MNet is not selected as the 
        vendor, the application must provide the reasons for choosing an 
        alternative vendor.  A school district may include, in its grant 
        application, telecommunications access for collaboration with 
        nonprofit arts organizations for the purpose of educational 
        programs, or access for a secondary media center that:  (1) is a 
        member of a multitype library system; (2) is open during periods 
        of the year when classroom instruction is occurring; and (3) has 
        licensed school media staff on site. 
           (d) The Minnesota education telecommunications council 
        shall award grants and the funds shall be dispersed by the 
        commissioner.  The highest priority for these grants shall be to 
        bring school districts up to the minimum connectivity standards. 
        A grant to enhance telecommunications capacity beyond the 
        minimum connectivity standards shall be no more than 75 percent 
        of the maximum grant under this subdivision.  Grant applications 
        for minimum connection and enhanced telecommunications capacity 
        grants must be submitted to the commissioner by a coordinating 
        organization including, but not limited to, service cooperatives 
        and education districts.  For the purposes of the grant, a 
        school district may include a charter school under section 
        120.064, or the Faribault academies.  Based on the award made by 
        the council, all grants under this subdivision shall be paid by 
        the commissioner directly to a school district (unless this 
        application requests that the funds be paid to the coordinating 
        agency).  Nonpublic schools as defined in section 237.065, 
        subdivision 2, located within the district may access the 
        network.  The nonpublic school is responsible for actual costs 
        for connection from the school to the access site. 
           (e) Money awarded under this section may be used only for 
        the purposes explicitly stated in the grant application. 
           Sec. 18.  Minnesota Statutes 1996, section 124C.74, 
        subdivision 3, is amended to read: 
           Subd. 3.  [REGIONAL LIBRARY TELECOMMUNICATION GRANT.] (a) A 
        regional public library system may apply for a telecommunication 
        access grant.  The grant must be used to create or expand the 
        capacity of electronic data access and connect the library 
        system with the MNet statewide telecommunications network state 
        information infrastructure administered by the department of 
        administration under section 16B.465.  Connections must meet 
        minimum system standards of a 56 kilobyte data line and 768 
        kilobyte ITV connection.  To be eligible for a 
        telecommunications access grant, a regional public library 
        system must:  (1) meet the level of local support required under 
        section 134.34; and (2) be open at least 20 hours per week. 
           (b) Any grant award under this subdivision may not be used 
        to substitute for any existing local funds allocated to provide 
        electronic access, or equipment for library staff or the public, 
        or local funds previously dedicated to other library operations. 
           (c) An application for a regional public library 
        telecommunications access grant must, at a minimum, contain 
        information to document the following: 
           (1) that the connection meets the minimum standards and 
        employs an open network architecture that will ensure 
        interconnectivity and interoperability with other libraries and 
        the educational system; 
           (2) that the connection is being established through the 
        most cost-effective means and that the public library has 
        explored and coordinated connections through school districts or 
        other governmental agencies; 
           (3) that the proposed connection and system will be 
        connected to MNet the state information infrastructure through 
        the department of administration under section 16B.465 and that 
        a network service and management agreement is in place; 
           (4) that the proposed connection and system will be 
        connected to the higher education and to the school district 
        telecommunication networks subject to a governance agreement 
        with one or more school districts and a higher education 
        regional council specifying how the system will be coordinated; 
           (5) the telecommunication vendor, which may be MNet, 
        selected to provide service from the library to an MNet a state 
        information infrastructure hub or through a more cost-effective 
        connection point to MNet the state information infrastructure; 
        and 
           (6) other information, as determined by the commissioner, 
        to ensure that connections are coordinated, meet state 
        standards, are cost-effective, and that service is provided in 
        an efficient and cost-effective manner so that libraries 
        throughout the state are connected in as seamless a manner as 
        technically possible. 
           (d) A grant applicant shall obtain a grant proposal for 
        network services from MNet.  If MNet is not selected as the 
        vendor, the application must provide the reasons for choosing an 
        alternative vendor. 
           Sec. 19.  Minnesota Statutes 1997 Supplement, section 
        221.173, is amended to read: 
           221.173 [ELECTRONIC SIGNATURES.] 
           (a) The commissioner may accept in lieu of a required 
        document completed on paper, an electronically transmitted 
        document authenticated by an electronic signature.  
           (b) The commissioner shall consult with the commissioner of 
        administration office of technology, who which shall provide 
        advice and assistance in establishing criteria and standards for 
        authentication of electronic signatures and establishing to a 
        reasonable certainty the validity, security, and linkage of a 
        specific, unaltered, electronically transmitted document, its 
        unforged signature, and its authorized signer.  
           (c) The commissioner may determine the technology or system 
        to be used, which may include a private key/public key system, 
        an encrypted or cryptology-based system, a pen-based, on-screen 
        signature system that captures and verifies an autograph and 
        links it to a specific document, or other system or technology 
        or combination of systems.  
           (d) To the extent consistent with this section, laws and 
        rules pertaining to paper-based documents also pertain to 
        electronically transmitted documents. 
           Sec. 20.  Laws 1995, First Special Session chapter 3, 
        article 12, section 7, subdivision 1, as amended by Laws 1997, 
        First Special Session chapter 4, article 9, section 2, is 
        amended to read: 
           Subdivision 1.  [STATE COUNCIL MEMBERSHIP.] The membership 
        of the Minnesota education telecommunications council 
        established in Laws 1993, First Special Session chapter 2, is 
        expanded to include representatives of elementary and secondary 
        education.  The membership shall consist of three 
        representatives from the University of Minnesota; three 
        representatives of the board of trustees for Minnesota state 
        colleges and universities; one representative of the higher 
        education services offices; one representative appointed by the 
        private college council; one representative selected by the 
        commissioner of administration; eight representatives selected 
        by the commissioner of children, families, and learning, at 
        least one of which must come from each of the six higher 
        education telecommunication regions; a representative from 
        the information policy office office of technology; two members 
        each from the senate and the house of representatives selected 
        by the subcommittee on committees of the committee on rules and 
        administration of the senate and the speaker of the house, one 
        member from each body must be a member of the minority party; 
        and three representatives of libraries, one representing 
        regional public libraries, one representing multitype libraries, 
        and one representing community libraries, selected by the 
        governor.  The council shall: 
           (1) develop a statewide vision and plans for the use of 
        distance learning technologies and provide leadership in 
        implementing the use of such technologies; 
           (2) recommend to the commissioner and the legislature by 
        December 15, 1996, a plan for long-term governance and a 
        proposed structure for statewide and regional 
        telecommunications; 
           (3) recommend educational policy relating to 
        telecommunications; 
           (4) determine priorities for use; 
           (5) oversee coordination of networks for post-secondary 
        campuses, K-12 education, and regional and community libraries; 
           (6) review application for telecommunications access grants 
        under Minnesota Statutes, section 124C.74 and recommend to the 
        department grants for funding; 
           (7) determine priorities for grant funding proposals; and 
           (8) work with the information policy office to ensure 
        consistency of the operation of the learning network with 
        standards of an open system architecture. 
           The council shall consult with representatives of the 
        telecommunication industry in implementing this section.  
           Sec. 21.  Laws 1997, chapter 202, article 1, section 12, 
        subdivision 4, is amended to read: 
        Subd. 4.  Fiscal Agent
             1,060,000         160,000 
        (a) Children's Museum 
               160,000         160,000
        This appropriation is for a grant to 
        the Minnesota Children's Museum. 
        (b) Voyageur Center 
        $250,000 the first year is for a grant 
        to the city of International Falls for 
        the predesign and design of an 
        interpretive library and conference 
        center.  The center shall provide 
        educational opportunities and enhance 
        tourism by presenting information and 
        displays that preserve and interpret 
        the history of the voyageurs and 
        animals involved with the voyageurs, 
        emphasizing the importance of the fur 
        trade to the history and development of 
        the region and the state.  The center 
        shall include conference facilities.  
        The center shall be located in the city 
        of International Falls.  The city may 
        enter into a lease or management 
        contract with a nonprofit entity for 
        operation of the center.  In developing 
        plans for the facility, the 
        commissioner city must consult with the 
        small business development center 
        located at Rainy River Community 
        College. 
        (c) Hockey Hall of Fame 
        $200,000 the first year is for a grant 
        to the hockey hall of fame in Eveleth 
        for capital improvements and building 
        and grounds maintenance.  Any money not 
        spent the first year is available the 
        second year. 
        (d) American Bald Eagle Center
        $450,000 the first year is for a grant 
        to the city of Wabasha to acquire and 
        prepare a site for and to predesign and 
        design the American Bald Eagle Center, 
        to be available until June 30, 1999. 
           Sec. 22.  [EFFECTIVE DATE.] 
           Sections 1, 19, 20, and 21 are effective on the day 
        following final enactment. 
           Presented to the governor April 2, 1998 
           Signed by the governor April 3, 1998, 1:05 p.m.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569