1998 Minnesota Statutes

CHAPTER 15. State agencies in general

     15.01 Departments of the state. 

    The following agencies are designated as the departments of 
 the state government:  the department of administration; the 
 department of agriculture; the department of commerce; the 
 department of corrections; the department of children, families, 
 and learning; the department of economic security; the 
 department of trade and economic development; the department of 
 finance; the department of health; the department of human 
 rights; the department of labor and industry; the department of 
 military affairs; the department of natural resources; the 
 department of employee relations; the department of public 
 safety; the department of public service; the department of 
 human services; the department of revenue; the department of 
 transportation; the department of veterans affairs; and their 
 successor departments. 

    HIST: (53-1, 53-1a) 1925 c 426 art 1 s 1; 1939 c 431 art 1 s 
 1; 1939 c 441 s 1; 1961 c 113 s 2; 1969 c 1129 art 3 s 1; 1973 c 
 492 s 14; 1973 c 507 s 45; 1973 c 582 s 3; 1975 c 271 s 1; 1976 
 c 149 s 2; 1976 c 166 s 7; 1977 c 430 s 5,25 subd 2; 1977 c 444 
 s 1; 1980 c 617 s 47; 1981 c 356 s 87; 1983 c 289 s 115 subd 1; 
 1984 c 654 art 5 s 58; 1Sp1985 c 14 art 9 s 75; 1987 c 312 art 1 
 s 26 subd 2; 1994 c 483 s 1; 1Sp1995 c 3 art 16 s 13 

     15.012 State agencies; designation by type. 

    A multimember state agency hereafter created whose 
 membership includes two or more appointed members shall be named 
 according to the following: 

    (a) An agency in the executive branch, other than a 
 department, whose primary purpose is to perform prescribed 
 official or representative functions shall be designated a 
 "board."  To be classified as a board, an agency must have at 
 least one of the following powers:  (i) the power to perform 
 administrative acts, which may include the expenditure of state 
 money, (ii) the power to issue and revoke licenses or 
 certifications, (iii) the power to make rules, or (iv) the power 
 to adjudicate contested cases or appeals. 

    (b) An agency in the executive branch whose primary purpose 
 is to advise state officers, departments, boards, or other 
 agencies shall be designated a "committee."  To be classified as 
 a committee, an agency must have none of the powers available to 
 boards other than the power to compensate its members. 

    (c) A committee of which at least one-half of the members 
 are required to be certain officers or representatives of 
 specified businesses, occupations, industries, political 
 subdivisions, organizations, or other groupings of persons other 
 than geographical regions shall be designated a "council." 

    (d) An agency in the legislative branch composed 
 exclusively of members of the legislature shall be designated a 
 "legislative commission."  

    (e) An agency in the executive branch other than a 
 department whose primary purpose is to issue bonds for the 
 financing, ownership and development of facilities within the 
 state shall be designated an "authority." 

    (f) A committee or council scheduled upon its creation to 
 expire two years after the effective date of the act creating it 
 or the date of appointment of its members, whichever is later, 
 unless a shorter term is specified in statute, shall be 
 designated an "advisory task force." 

    HIST: 1975 c 271 s 2; 1976 c 149 s 3 

     15.014 Advisory task forces. 

    Subdivision 1.    Policy.  It is the policy of the 
 legislature to encourage state agencies to solicit and receive 
 advice from members of the public.  This advice can best be 
 rendered by an advisory task force of a reasonable number of 
 persons working for a limited duration on a specific and clearly 
 defined subject.  By this section it is the intent of the 
 legislature to provide for a common nomenclature scheme, 
 facilitate the gathering of advice, and limit the proliferation 
 of costly, unnecessary or outmoded advisory agencies. 

    Subd. 2.    Creation; limitations.  A commissioner of a 
 state department, a state board or other agency having the 
 powers of a board as defined in section 15.012, may create 
 advisory task forces to advise the commissioner or agency on 
 specific programs or topics within the jurisdiction of the 
 department or agency.  A task force so created shall have no 
 more than 15 members.  The task force shall expire and the terms 
 and removal of members shall be as provided in section 15.059, 
 subdivision 6.  The members of no more than four task forces 
 created pursuant to this section in a department or agency may 
 be paid expenses in the same manner and amount as authorized by 
 the commissioner's plan adopted according to section 43A.18, 
 subdivision 2.  No member of a task force shall be compensated 
 for services in a manner not provided for in statute.  A 
 commissioner, board, council, committee, or other state agency 
 may not create any other multimember agency unless specifically 
 authorized by statute or unless the creation of the agency is 
 authorized by federal law as a condition precedent to the 
 receipt of federal money. 

    Subd. 3.    Task force for curriculum development 
 purposes.  In addition to the task forces for which 
 compensation of members is authorized in subdivision 2, the 
 state board of education may create not to exceed ten task 
 forces, to be compensated as provided in section 15.059, 
 subdivision 6.  A task force created pursuant to this 
 subdivision shall be for curriculum development purposes only 
 and shall expire within one year after its creation.  The task 
 force shall report to the state board before its expiration or 
 upon the completion of its task, whichever occurs first. 

    HIST: 1976 c 149 s 4; 1977 c 163 s 1; 1984 c 544 s 1; 1986 c 
 444 

  15.015 Repealed, 1981 c 253 s 48 

  15.02 Repealed, 1981 c 253 s 48 

  15.03 Repealed, 1981 c 253 s 48 

     15.039 Effect of transfer of powers among agencies. 

    Subdivision 1.    Application of section.  The 
 provisions of this section apply whenever the responsibilities 
 of an agency are transferred by law to another agency unless the 
 act directing the transfer provides otherwise.  The term 
 "responsibilities" includes powers, duties, rights, obligations, 
 and other authority imposed by law on an agency.  The term "new 
 agency" means the agency to which responsibilities have been 
 transferred from another agency.  

    Subd. 2.    In general.  The new agency is a 
 continuation of the former agency as to those matters within the 
 jurisdiction of the former agency that are transferred to the 
 new agency.  Following a transfer the new agency shall carry out 
 the assigned responsibilities as though the responsibilities of 
 the former agency had not been transferred.  A transfer is not a 
 new authority for the purpose of succession to all 
 responsibilities of the former agency as constituted at the time 
 of the transfer. 

    Subd. 3.    Rules.  All rules adopted pursuant to 
 responsibilities that are transferred to another agency remain 
 effective and shall be enforced until amended or repealed in 
 accordance with law by the new agency.  Any rulemaking authority 
 that existed to implement the responsibilities that are 
 transferred is transferred to the new agency.  

    Subd. 4.    Court actions.  Any proceeding, court 
 action, prosecution, or other business or matter pending on the 
 effective date of a transfer of responsibilities may be 
 conducted and completed by the new agency in the same manner 
 under the same terms and conditions, and with the same effect, 
 as though it involved or were commenced and conducted or 
 completed by the former agency prior to the transfer.  

    Subd. 5.    Contracts; records.  The agency whose 
 responsibilities are transferred shall give all contracts, 
 books, maps, plans, papers, records, and property of every 
 description relating to the transferred responsibilities and 
 within its jurisdiction or control to the new agency.  The new 
 agency shall accept the material presented.  The transfer shall 
 be made in accordance with the directions of the new agency.  

    Subd. 5a.    Obligations.  The new agency is the legal 
 successor in all respects of the agency whose responsibilities 
 are transferred.  The bonds, resolutions, contracts, and 
 liabilities of the agency whose responsibilities are transferred 
 become the bonds, resolutions, contracts, and liabilities of the 
 new agency. 

    Subd. 6.    Unexpended funds.  The unexpended balance of 
 any appropriation to an agency for the purposes of any 
 responsibilities that are transferred to another agency are 
 reappropriated under the same conditions as the original 
 appropriation to the new agency effective on the date of the 
 transfer of responsibilities.  If the responsibilities are 
 transferred to more than one agency, the commissioner of finance 
 shall allocate any unexpended appropriation to the agencies 
 affected.  The new agencies shall pay all valid claims presented 
 against those appropriations.  

    Subd. 7.    Personnel.  All classified and unclassified 
 positions associated with the responsibilities being transferred 
 are transferred with their incumbents to the new agency.  The 
 approved complement for the agency whose responsibilities are 
 being transferred is decreased accordingly.  The approved 
 complement for the new agency is increased accordingly.  
 Personnel changes are effective on the date of transfer of 
 responsibilities.  Nothing in this subdivision shall be 
 construed as abrogating or modifying any rights now enjoyed by 
 affected employees under the managerial or commissioner's plan 
 under section 43A.18 or the terms of an agreement between an 
 exclusive representative of public employees and the state or 
 one of its appointing authorities.  

    Subd. 8.    Transfer of property; sales tax.  All 
 transfers of motor vehicles or other tangible personal property 
 between agencies or political subdivisions under this section 
 are exempt from the motor vehicle sales tax under chapter 297B 
 and the general sales tax under chapter 297A. 

    HIST: 1981 c 253 s 2; 1983 c 289 s 1; 1987 c 386 art 5 s 1; 
 1995 c 264 art 2 s 1 

  15.04 Repealed, 1981 c 253 s 48 

   15.041 MS 1953 Repealed, 1957 c 806 s 13 

    15.041 Subdivision 1.  MS 1980 Renumbered 14.01 

    Subd. 2.  MS 1980 Renumbered 14.03 subdivision 1 

    Subd. 3.  MS 1980 Renumbered 14.03 subd 2 

    15.0411 Subdivision 1.  Renumbered 14.02 
 subdivision 1 

    Subd. 2.  Renumbered 14.02 subd 2 

    Subd. 3.  Renumbered 14.02 subd 4 

    Subd. 4.  Renumbered 14.02 subd 3 

    15.0412 Subdivision 1.  Renumbered 14.05 subds 1-3 
 and 14.07 subd 5 

    Subd. 1a. Renumbered 14.05 subd 4 

    Subd. 2.  Renumbered 14.04 

    Subd. 2a.  Renumbered 14.07 subds 2,4 

    Subd. 3.  Renumbered 14.06 

    Subd. 4.  Renumbered 14.14 subdivision 1 

    Subd. 4a.  Repealed, 1981 c 253 s 48 

    Subd. 4b.  Renumbered 14.13 

    Subd. 4c.  Renumbered 14.14 subd 2 

    Subd. 4d.  Renumbered 14.15 subds 1-4 

    Subd. 4e.  Renumbered 14.14 subd 3, 14.16 and 
 14.17 

    Subd. 4f.  Renumbered 14.18 

    Subd. 4g.  Renumbered 14.20 

    Subd. 4h.  Renumbered 14.21 to 14.28 

    Subd. 5.  Renumbered 14.29 to 14.36 

    Subd. 6.  Renumbered 14.10 

    Subd. 7.  Renumbered 14.11 subdivision 1 

    Subd. 7a.  Renumbered 14.11 subd 2 

    Subd. 8.  Renumbered 14.12 

    Subd. 9.  Renumbered 14.19 

    Subd. 10.  Renumbered 14.08 

    15.0413 Subdivision 1.  Renumbered 14.38 
 subdivision 1 

    Subd. 1a.  Renumbered 14.38 subd 2 

    Subd. 1b.  Renumbered 14.38 subd 3 

    Subd. 2.  Renumbered 14.38 subd 4 

    Subd. 3.  Renumbered 14.38 subds 5-9 

    Subd. 3a.  Renumbered 14.38 subd 10 

    Subd. 3b.  Renumbered 14.38 subd 11 

    Subd. 4.  Repealed, 1975 c 380 s 22 

    Subd. 5.  Repealed, 1975 c 380 s 22 

    Subd. 6.  Repealed, 1975 c 380 s 22 

  15.0414 Repealed, 1963 c 822 s 4 

  15.0415 Renumbered 14.09 

  15.0416 Renumbered 14.44 

  15.0417 Renumbered 14.45 

    15.0418 Subdivision 1.  Renumbered 14.57 

    Subd. 2.  Renumbered 14.58 

    Subd. 3.  Renumbered 14.59 

  15.0419 Renumbered 14.60 

  15.042 Repealed, 1957 c 806 s 13 

  15.0421 Renumbered 14.61 

  15.0422 Renumbered 14.62 

  15.0423 Repealed, 1980 c 615 s 61 

    15.0424 Subdivision 1.  Renumbered 14.63 

    Subd. 2.  Renumbered 14.64 

    Subd. 3.  Renumbered 14.65 

    Subd. 4.  Renumbered 14.66 

    Subd. 5.  Renumbered 14.67 

    Subd. 6.  Renumbered 14.68 

  15.0425 Renumbered 14.69 

  15.0426 Renumbered 14.70 

  15.043 Repealed, 1957 c 806 s 13 

  15.044 Repealed, 1957 c 806 s 13 

  15.045 Repealed, 1955 c 603 s 4 

  15.046 Repealed, 1975 c 61 s 26; 1976 c 149 s 63 

    15.047 Subdivision 1.  Repealed, 1980 c 615 s 62 

    Subd. 2.  Repealed, 1980 c 615 s 62 

    Subd. 3.  Repealed, 1963 c 822 s 4 

  15.0471 Obsolete 

  15.048 Renumbered 14.37 subdivision 1 

  15.049 Renumbered 14.37 subdivision 1 

  15.05 Renumbered 14.46 subd 5 

  15.051 Renumbered 14.46 subds 1-4 

    15.052 Subdivision 1.  Renumbered 14.48 

    Subd. 2.  Renumbered 14.49 

    Subd. 3.  Renumbered 14.50 

    Subd. 4.  Renumbered 14.51 

    Subd. 5.  Renumbered 14.52 

    Subd. 5a.  Renumbered 14.52 

    Subd. 6.  Renumbered 14.53 

    Subd. 7.  Renumbered 14.54 

    Subd. 8.  Renumbered 14.55 

    Subd. 9.  Renumbered 14.56 

     15.053 Use of the National Guard Education Center at 
  Camp Ripley. 

    The military reservation at Camp Ripley is designated as 
 the "State of Minnesota Education and Training Center."  State 
 agencies may use the National Guard Education Center at Camp 
 Ripley for official conferences, sessions, meetings, seminars, 
 and any other gathering of state employees that otherwise would 
 not be held in the agency's normal place of business.  

    State agencies are encouraged to coordinate with the 
 adjutant general for availability of the Camp Ripley 
 facilities.  In the event the Camp Ripley facilities are being 
 used for military training or are otherwise unavailable, the 
 state agencies may contract for use alternative conference 
 facilities.  This section is not intended to preclude adherence 
 to rules of the commissioner of employee relations. 

    HIST: 1996 c 332 s 1 

     15.054 Public employees not to purchase merchandise from 
  governmental agencies; exceptions; penalty. 

    No officer or employee of the state or any of its political 
 subdivisions shall sell or procure for sale or possess or 
 control for sale to any other officer or employee of the state 
 or subdivision, as appropriate, any property or materials owned 
 by the state or subdivision except pursuant to conditions 
 provided in this section.  Property or materials owned by the 
 state or a subdivision, except real property, and not needed for 
 public purposes, may be sold to an employee of the state or 
 subdivision after reasonable public notice at a public auction 
 or by sealed response, if the employee is not directly involved 
 in the auction or process pertaining to the administration and 
 collection of sealed responses.  Requirements for reasonable 
 public notice may be prescribed by other law or ordinance so 
 long as at least one week's published notice is specified.  An 
 employee of the state or a political subdivision may purchase no 
 more than one motor vehicle from the state in any 12-month 
 period.  A person violating the provisions of this section is 
 guilty of a misdemeanor.  This section shall not apply to the 
 sale of property or materials acquired or produced by the state 
 or subdivision for sale to the general public in the ordinary 
 course of business.  Nothing in this section shall prohibit an 
 employee of the state or a political subdivision from selling or 
 possessing for sale public property if the sale or possession 
 for sale is in the ordinary course of business or normal course 
 of the employee's duties. 

    HIST: 1977 c 347 s 5; 1986 c 444; 1998 c 386 art 1 s 1 

  15.055 Repealed, 1977 c 347 s 4 

  15.056 Repealed, 1965 c 45 s 73 

     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 trade and economic development, the game and fish 
 division, the department of economic security, and the state 
 agricultural society 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. 

    HIST: 1965 c 901 s 54; 1967 c 299 s 9; 1967 c 475 s 1; 1969 c 
 567 s 3; 1973 c 254 s 3; 1976 c 166 s 7; 1977 c 430 s 25 subd 1; 
 1981 c 356 s 88; 1983 c 289 s 115 subd 1; 1Sp1985 c 14 art 9 s 
 75; 1987 c 312 art 1 s 26 subd 2; 1994 c 483 s 1 

     15.0575 Administrative boards and agencies. 

    Subdivision 1.    Procedure.  The membership terms, 
 compensation, and removal of members and the filling of 
 membership vacancies of boards shall be governed by this section 
 whenever specifically provided by law.  As used in this section, 
 "boards" shall refer to all boards, commissions, agencies, 
 committees, councils, authorities and courts whose provisions 
 are governed by this section. 

    Subd. 2.    Membership terms.  An appointment to an 
 administrative board or agency must be made in the manner 
 provided in section 15.0597.  The terms of the members shall be 
 four years with the terms ending on the first Monday in 
 January.  The appointing authority shall appoint as nearly as 
 possible one-fourth of the members to terms expiring each year.  
 If the number of members is not evenly divisible by four, the 
 greater number of members, as necessary, shall be appointed to 
 terms expiring in the year of commencement of the governor's 
 term and the year or years immediately thereafter.  If the 
 number of terms which can be served by a member of a board or 
 agency is limited by law, a partial term must be counted for 
 this purpose if the time served by a member is greater than 
 one-half of the duration of the regular term.  If the membership 
 is composed of categories of members from occupations, 
 industries, political subdivisions, the public or other 
 groupings of persons, and if the categories have two or more 
 members each, the appointing authority shall appoint as nearly 
 as possible one-fourth of the members in each category at each 
 appointment date.  Members may serve until their successors are 
 appointed and qualify but in no case later than July 1 in a year 
 in which a term expires unless reappointed. 

    Subd. 3.    Compensation.  Members of the boards must be 
 compensated at the rate of $55 a day spent on board activities, 
 when authorized by the board, plus expenses in the same manner 
 and amount as authorized by the commissioner's plan adopted 
 under section 43A.18, subdivision 2.  Members who, as a result 
 of time spent attending board meetings, incur child care 
 expenses that would not otherwise have been incurred, may be 
 reimbursed for those expenses upon board authorization.  Members 
 who are full-time state employees or full-time employees of the 
 political subdivisions of the state may not receive the daily 
 payment, but they may suffer no loss in compensation or benefits 
 from the state or a political subdivision as a result of their 
 service on the board.  Members who are full-time state employees 
 or full-time employees of the political subdivisions of the 
 state may receive the expenses provided for in this subdivision 
 unless the expenses are reimbursed by another source.  Members 
 who are state employees or employees of political subdivisions 
 of the state may be reimbursed for child care expenses only for 
 time spent on board activities that are outside their normal 
 working hours. 

    Subd. 4.    Removal; vacancies.  A member may be 
 removed by the appointing authority at any time (1) for cause, 
 after notice and hearing, or (2) after missing three consecutive 
 meetings.  The chair of the board shall inform the appointing 
 authority of a member missing the three consecutive meetings.  
 After the second consecutive missed meeting and before the next 
 meeting, the secretary of the board shall notify the member in 
 writing that the member may be removed for missing the next 
 meeting.  In the case of a vacancy on the board, the appointing 
 authority shall appoint, subject to the advice and consent of 
 the senate if the member is appointed by the governor, a person 
 to fill the vacancy for the remainder of the unexpired term. 

    Subd. 5.    Membership vacancies within three months of 
 appointment.  When a membership on a board becomes vacant 
 within three months after being filled through the open 
 appointments process, the appointing authority may, upon 
 notification to the office of secretary of state, choose a new 
 member from the applications on hand and need not repeat the 
 process.  

    HIST: 1976 c 134 s 1; 1982 c 560 s 5; 1983 c 305 s 6; 1984 c 
 531 s 2; 1986 c 444; 1987 c 354 s 1; 1989 c 343 s 2; 1990 c 506 
 art 2 s 1; 1993 c 80 s 1 

     15.058 Licensing board members, compensation, terms, 
  removal, reports.  

    Membership terms, compensation of members, removal of 
 members, the filling of membership vacancies, and fiscal year 
 and reporting requirements for those agencies in the executive 
 branch other than departments whose primary functions include 
 licensing, certification or registration of persons in specified 
 professions or occupations shall be as provided in sections 
 214.07 to 214.09.  

    HIST: 1975 c 136 s 76 

     15.059 Advisory councils and committees. 

    Subdivision 1.    Application.  The terms, compensation 
 and removal of members, and the expiration date of an advisory 
 council or committee shall be governed by this section whenever 
 specifically provided by law.  As used in this section "council 
 or committee" shall mean all advisory boards, councils, 
 committees and commissions whose provisions are governed by this 
 section. 

    Subd. 2.    Membership terms.  An appointment to an 
 advisory council or committee must be made in the manner 
 provided in section 15.0597.  The terms of the members of the 
 advisory councils and committees shall be four years.  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.  If there is an odd number of 
 members, the smallest possible majority of the members shall 
 have terms coterminous with the governor.  If the number of 
 terms which can be served by a member of an advisory council or 
 committee is limited by law, a partial term must be counted for 
 this purpose if the time served by a member is greater than 
 one-half of the duration of the regular term.  If the membership 
 is composed of categories of members from occupations, 
 industries, political subdivisions, the public or other 
 groupings of persons, and if the categories as specified in 
 statute have two or more members each, the appointing authority 
 shall appoint as nearly as possible one-half of the members in 
 each category at each appointment date.  Members may serve until 
 their successors are appointed and qualify.  If a successor has 
 not been appointed by the July 1 after the scheduled end of a 
 member's term, the term of the member for whom a successor has 
 not been appointed shall be extended until the first Monday in 
 January four years after the scheduled end of the term. 

    Subd. 3.    Compensation.  Members of the advisory 
 councils and committees must be compensated at the rate of $55 a 
 day spent on council or committee activities, when authorized by 
 the council or committee, plus expenses in the same manner and 
 amount as authorized by the commissioner's plan adopted under 
 section 43A.18, subdivision 2.  Members who, as a result of time 
 spent attending council or committee meetings, incur child care 
 expenses that would not otherwise have been incurred, may be 
 reimbursed for those expenses upon council or committee 
 authorization.  If members who are state employees or employees 
 of political subdivisions receive the daily compensation, and if 
 the major part of their activities occur during normal working 
 hours for which they are also compensated by the state or 
 political subdivision, the employer shall deduct the daily 
 compensation from the employee's compensation for the day.  In 
 no other case may a member who is an employee of the state or a 
 political subdivision suffer a loss in compensation or benefits 
 from the state or political subdivision as a result of service 
 on the council or committee.  Members who are full-time state 
 employees or full-time employees of the political subdivisions 
 of the state may receive the expenses provided for in this 
 section unless the expenses are reimbursed by another source.  
 Members who are state employees or employees of political 
 subdivisions of the state may be reimbursed for child care 
 expenses only for time spent on board activities that are 
 outside their normal working hours. 

    Subd. 4.    Removal.  A member may be removed by the 
 appointing authority at any time at the pleasure of the 
 appointing authority.  The chair of the advisory council or 
 committee shall inform the appointing authority of a member 
 missing the three consecutive meetings.  After the second 
 consecutive missed meeting and before the next meeting, the 
 secretary of the council or committee shall notify the member in 
 writing that the member may be removed for missing the next 
 meeting.  In the case of a vacancy on the board, the appointing 
 authority shall appoint a person to fill the vacancy for the 
 remainder of the unexpired term. 

    Subd. 5.    Expiration date.  (a) Unless a different 
 date is specified by law, the existence of each advisory council 
 and committee established before January 1, 1997, terminates 
 June 30, 1997.  An advisory council or committee established by 
 law and in existence after June 30, 1997, expires on the date 
 specified in the law establishing the group or on June 30, 2001, 
 whichever is sooner.  This subdivision applies whether or not 
 the law establishing the group provides that the group is 
 governed by this section. 

    (b) An advisory council or committee does not expire in 
 accordance with paragraph (a) if it: 

    (1) is an occupational licensure advisory group to a 
 licensing board or agency; 

    (2) administers and awards grants; or 

    (3) is required by federal law or regulation. 

 A council or committee covered by this paragraph expires June 
 30, 2001. 

    Subd. 5a.    Later 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 
 125A.28, expires June 30, 1999; 

    Desegregation/integration advisory board, created in 
 section 124D.892; 

    Nonpublic education council, created in section 123B.445; 

    Permanent school fund advisory committee, created in 
 section 127A.30; 

    Indian scholarship committee, created in section 124D.84, 
 subdivision 2; 

    American Indian education committees, created in section 
 124D.80; 

    Summer scholarship advisory committee, created in section 
 124D.95; 

    Multicultural education advisory committee, created in 
 section 124D.894; 

    Male responsibility and fathering grants review committee, 
 created in section 124D.33; 

    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. 

    Subd. 6.    Advisory task forces.  If the existence of 
 an advisory task force is mandated by statute, the task force 
 shall expire on the date specified in the enabling legislation.  
 If no expiration date is specified, the task force shall expire 
 two years after the effective date of the act creating the 
 advisory task force.  If the existence of a task force is 
 authorized but not mandated by statute, the task force shall 
 expire at the pleasure of the person or group which creates the 
 task force, or two years after the first members of the task 
 force are appointed, whichever is sooner.  A person or group 
 mandated or with discretionary authority to create a task force 
 may create another task force to continue the work of a task 
 force which expires, unless the enabling legislation specifies 
 an expiration date or creation of another task force is 
 prohibited by other law.  

    Members of advisory task forces shall not receive the per 
 diem specified in this section but shall receive expenses in the 
 same manner and amount as provided in the commissioner's plan 
 under section 43A.18, subdivision 2.  Members who, as a result 
 of time spent attending task force meetings, incur child care 
 expenses that would not otherwise have been incurred, may be 
 reimbursed for those expenses upon task force authorization.  
 Members who are state employees or employees of political 
 subdivisions of the state may be reimbursed for child care 
 expenses only for time spent on board activities that are 
 outside their normal working hours.  Members appointed to these 
 advisory task forces shall serve until the expiration date of 
 the advisory task force and may be removed pursuant to 
 subdivision 4. 

    HIST: 1975 c 315 s 1; 1976 c 149 s 5,6; 1977 c 444 s 2; 1982 c 
 560 s 6; 1983 c 260 s 5,6; 1984 c 571 s 1; 1986 c 444; 1987 c 
 354 s 2,3; 1988 c 629 s 7-9; 1989 c 343 s 3,4; 1990 c 506 art 2 
 s 2; 1993 c 80 s 2; 1993 c 286 s 1; 1993 c 337 s 1; 1997 c 7 art 
 1 s 4; 1997 c 192 s 1,2; 1998 c 359 s 1; 1998 c 397 art 11 s 3 

     15.0591 Representative of older population. 

    Subdivision 1.    Addition of members.  The membership 
 of state boards, commissions, advisory councils, task forces, or 
 committees listed in subdivision 2 that have more than three 
 public members shall include at least one member, 60 years of 
 age or over.  For purposes of this section, a public member is a 
 person who is not a representative of a specified business, 
 occupation, industry, political subdivision, organization, or 
 other grouping of persons other than geographical regions.  At 
 least one of the members over 60 shall not be actively engaged 
 in or retired from an occupation, profession, or industry, if 
 any, to be regulated. 

    Subd. 2.    Bodies affected.  A member meeting the 
 qualifications in subdivision 1 must be appointed to the 
 following boards, commissions, advisory councils, task forces, 
 or committees:  

    (1) advisory council on battered women; 

    (2) advisory task force on the use of state facilities; 

    (3) alcohol and other drug abuse advisory council; 

    (4) board of examiners for nursing home administrators; 

    (5) board on aging; 

    (6) chiropractic examiners board; 

    (7) consumer advisory council on vocational rehabilitation; 

    (8) council on disability; 

    (9) council on affairs of Chicano/Latino people; 

    (10) council on Black Minnesotans; 

    (11) dentistry board; 

    (12) department of economic security advisory council; 

    (13) higher education services office; 

    (14) housing finance agency; 

    (15) Indian advisory council on chemical dependency; 

    (16) medical practice board; 

    (17) medical policy directional task force on mental 
 health; 

    (18) Minnesota employment and economic development task 
 force; 

    (19) Minnesota office of citizenship and volunteer services 
 advisory committee; 

    (20) Minnesota state arts board; 

    (21) nursing board; 

    (22) optometry board; 

    (23) pharmacy board; 

    (24) physical therapists council; 

    (25) podiatry board; 

    (26) psychology board; 

    (27) veterans advisory committee. 

    HIST: 1984 c 654 art 4 s 8; 1985 c 285 s 3; 1Sp1985 c 9 art 2 
 s 103; 1Sp1985 c 10 s 39; 1Sp1985 c 14 art 9 s 75; 1987 c 354 s 
 8; 1988 c 613 s 1; 1988 c 629 s 10; 1991 c 106 s 6; 1994 c 483 s 
 1; 1995 c 212 art 3 s 59; 1996 c 305 art 1 s 7; 1997 c 7 art 3 s 
 1; 1998 c 254 art 1 s 5 

     15.0593 Agencies created by executive order. 

    The governor may by executive order create in the 
 governor's office advisory task forces, councils and committees 
 to advise or assist on matters relating to the laws of this 
 state.  A task force, council or committee so created shall have 
 no more than 15 members, and vacancies may be filled by the 
 governor.  Members of a task force, council or committee shall 
 receive no per diem but may be paid expenses as authorized by 
 the commissioner's plan adopted according to section 43A.18, 
 subdivision 2.  A task force, council or committee shall expire 
 two years after the date of order unless otherwise specified 
 consistent with section 4.035, subdivision 3.  The task force, 
 council or committee shall be named beginning with the prefix 
 "Governor's Task Force on," "Governor's Council on" or 
 "Governor's Committee on."  The governor shall not create a 
 board, commission, authority or other similar multimember agency 
 except as provided in this section.  A multimember agency 
 previously created by executive order shall be renamed and shall 
 be consistent with the provisions of this section.  Nothing in 
 this section shall apply, to the extent inconsistent with 
 statute or federal law, to any multimember agency specifically 
 authorized by statute or specifically authorized by federal law 
 as a condition precedent to the receipt of federal money. 

    HIST: 1977 c 305 s 5; 1984 c 544 s 2; 1986 c 444 

     15.0594 Commissioner's approval required. 

    No person may be employed or consultant retained by an 
 entity created under section 15.0593 without written approval of 
 the commissioner of the department of employee relations. 

    HIST: 1997 c 97 s 3 

     15.0595 Compensation and per diem; source of funds. 

    The source of payment of per diems and expenses for 
 agencies governed by sections 15.0575 and 15.058 shall be 
 appropriations or funds otherwise available to the agencies.  
 The source of payment of per diems and expenses for agencies 
 governed by section 15.059 shall be appropriations or funds 
 otherwise available to the appointing authority of agency 
 members. 

    HIST: 1977 c 444 s 3 

     15.0596 Additional compensation from contingent fund 
  prohibited.  

    In all cases where the compensation of an officer of the 
 state is fixed by law at a specified sum, it shall be unlawful 
 for any such officer or employee to receive additional 
 compensation for the performance of official services out of the 
 contingent fund of the officer or the department, and it shall 
 be unlawful for the head of any department of the state 
 government to direct the payment of such additional compensation 
 out of the contingent fund; and the commissioner of finance is 
 hereby prohibited from issuing a warrant upon such contingent 
 fund in payment of such additional compensation.  

    Every person offending against the provisions of this 
 section shall be guilty of a misdemeanor.  

    HIST: (127,128) 1909 c 395 s 1,2; 1971 c 23 s 1; 1973 c 492 s 
 14; 1986 c 444 

     15.0597 Appointments to multimember agencies. 

    Subdivision 1.    Definitions.  As used in this section, 
 the following terms shall have the meanings given them. 

    (a) "Agency" means (1) a state board, commission, council, 
 committee, authority, task force, including an advisory task 
 force created under section 15.014 or 15.0593, a group created 
 by executive order of the governor, or other similar multimember 
 agency created by law and having statewide jurisdiction; and (2) 
 the metropolitan council, metropolitan agency, capitol area 
 architectural and planning board, and any agency with a regional 
 jurisdiction created in this state pursuant to an interstate 
 compact. 

    (b) "Vacancy" or "vacant agency position" means (1) a 
 vacancy in an existing agency, or (2) a new, unfilled agency 
 position.  Vacancy includes a position that is to be filled 
 through appointment of a nonlegislator by a legislator or group 
 of legislators; vacancy does not mean (1) a vacant position on 
 an agency composed exclusively of persons employed by a 
 political subdivision or another agency, or (2) a vacancy to be 
 filled by a person required to have a specific title or position.

    (c) "Secretary" means the secretary of state. 

    Subd. 2.    Collection of data.  The chair of an 
 existing agency or the chair's designee, or the appointing 
 authority for the members of a newly created agency, shall 
 provide the secretary, on forms prepared and distributed by the 
 secretary, with the following data pertaining to that agency: 

    (1) the name of the agency, its mailing address, and 
 telephone number; 

    (2) the legal authority for the creation of the agency and 
 the name of the person appointing agency members; 

    (3) the powers and duties of the agency; 

    (4) the number of authorized members, together with any 
 prescribed restrictions on eligibility such as employment 
 experience or geographical representation; 

    (5) the dates of commencement and expiration of the 
 membership terms and the expiration date of the agency, if any; 

    (6) the compensation of members, and appropriations or 
 other funds available to the agency; 

    (7) the regular meeting schedule, if any, and approximate 
 number of hours per month of meetings or other activities 
 required of members; 

    (8) the roster of current members, including mailing 
 addresses and telephone numbers; and 

    (9) a breakdown of the membership showing distribution by 
 county, legislative district, and congressional district, and, 
 only if the member has voluntarily supplied the information, the 
 sex, political party preference or lack of party preference, 
 race, and national origin of the members. 

    The secretary may provide for the submission of data in 
 accordance with this subdivision by electronic means.  The 
 publication requirement under clause (8) may be met by 
 publishing a member's home or business address and telephone 
 number, the address and telephone number of the agency to which 
 the member is appointed, the member's electronic mail address, 
 if provided, or any other information that would enable the 
 public to communicate with the member. 

    Subd. 3.    Publication of agency data.  The secretary 
 of state shall provide for annual updating of the required data 
 and shall annually arrange for the publication in the state 
 register of the compiled data from all agencies on or about 
 October 15 of each year.  Copies of the compilation must be 
 delivered to the governor and the legislature.  Copies of the 
 compilation must be made available by the secretary to any 
 interested person at cost, and copies must be available for 
 viewing by interested persons.  The chair of an agency who does 
 not submit data required by this section or who does not notify 
 the secretary of a vacancy in the agency, is not eligible for a 
 per diem or expenses in connection with agency service until 
 December 1 of the following year. 

    Subd. 4.    Notice of vacancies.  The chair of an 
 existing agency, shall notify the secretary of a vacancy 
 scheduled to occur in the agency as a result of the expiration 
 of membership terms at least 45 days before the vacancy occurs.  
 The chair of an existing agency shall give written notification 
 to the secretary of each vacancy occurring as a result of newly 
 created agency positions and of every other vacancy occurring 
 for any reason other than the expiration of membership terms as 
 soon as possible upon learning of the vacancy and in any case 
 within 15 days after the occurrence of the vacancy.  The 
 appointing authority for newly created agencies shall give 
 written notification to the secretary of all vacancies in the 
 new agency within 15 days after the creation of the agency.  The 
 secretary may provide for the submission of notices required by 
 this subdivision by electronic means.  The secretary shall 
 publish monthly in the State Register a list of all vacancies of 
 which the secretary has been so notified.  Only one notice of a 
 vacancy shall be so published, unless the appointing authority 
 rejects all applicants and requests the secretary to republish 
 the notice of vacancy.  One copy of the listing shall be made 
 available at the office of the secretary to any interested 
 person.  The secretary shall distribute by mail copies of the 
 listings to requesting persons.  The listing for all vacancies 
 scheduled to occur in the month of January shall be published in 
 the State Register together with the compilation of agency data 
 required to be published pursuant to subdivision 3. 

    If a vacancy occurs within three months after an 
 appointment is made to fill a regularly scheduled vacancy, the 
 appointing authority may, upon notification to the secretary, 
 fill the vacancy by appointment from the list of persons 
 submitting applications to fill the regularly scheduled vacancy. 

    Subd. 5.    Nominations for vacancies.  Any person may 
 make a self-nomination for appointment to an agency vacancy by 
 completing an application on a form prepared and distributed by 
 the secretary.  The secretary may provide for the submission of 
 the application by electronic means.  Any person or group of 
 persons may, on the prescribed application form, nominate 
 another person to be appointed to a vacancy so long as the 
 person so nominated consents in writing on the application form 
 to the nomination.  The application form shall specify the 
 nominee's name, mailing address, telephone number, preferred 
 agency position sought, a statement that the nominee satisfies 
 any legally prescribed qualifications, and any other information 
 the nominating person feels would be helpful to the appointing 
 authority.  The nominating person has the option of indicating 
 the nominee's sex, political party preference or lack thereof, 
 status with regard to disability, race, and national origin on 
 the application form.  The application form shall make the 
 option known.  If a person submits an application at the 
 suggestion of an appointing authority, the person shall so 
 indicate on the application form.  Twenty-one days after 
 publication of a vacancy in the State Register pursuant to 
 subdivision 4, the secretary shall submit copies of all 
 applications received for a position to the appointing authority 
 charged with filling the vacancy.  If no applications have been 
 received by the secretary for the vacant position by the date 
 when copies must be submitted to the appointing authority, the 
 secretary shall so inform the appointing authority.  
 Applications received by the secretary shall be deemed to have 
 expired one year after receipt of the application.  An 
 application for a particular agency position shall be deemed to 
 be an application for all vacancies in that agency occurring 
 prior to the expiration of the application and shall be public 
 information. 

    Subd. 6.    Appointments.  In making an appointment to a 
 vacant agency position, the appointing authority shall consider 
 applications for positions in that agency supplied by the 
 secretary.  No appointing authority may appoint someone to a 
 vacant agency position until (1) ten days after receipt of the 
 applications for positions in that agency from the secretary or 
 (2) receipt of notice from the secretary that no applications 
 have been received for vacant positions in that agency.  At 
 least five days before the date of appointment, the appointing 
 authority shall issue a public announcement and inform the 
 secretary in writing of the name of the person the appointing 
 authority intends to appoint to fill the agency vacancy and the 
 expiration date of that person's term.  If the appointing 
 authority intends to appoint a person other than one for whom an 
 application was submitted pursuant to this section, the 
 appointing authority shall complete an application form on 
 behalf of the appointee and submit it to the secretary 
 indicating on the application that it is submitted by the 
 appointing authority.  

    Subd. 7.    Report.  Together with the compilation 
 required in subdivision 3, the secretary shall annually deliver 
 to the governor and the legislature a report containing the 
 following information: 

    (1) the number of vacancies occurring in the preceding 
 year; 

    (2) the number of vacancies occurring as a result of 
 scheduled ends of terms, unscheduled vacancies and the creation 
 of new positions; 

    (3) breakdowns by county, legislative district, and 
 congressional district, and, if known, the sex, political party 
 preference or lack thereof, status with regard to disability, 
 race, and national origin, for members whose agency membership 
 terminated during the year and appointees to the vacant 
 positions; and 

    (4) the number of vacancies filled from applications 
 submitted by (i) the appointing authorities for the positions 
 filled, (ii) nominating persons and self-nominees who submitted 
 applications at the suggestion of appointing authorities, and 
 (iii) all others. 

    Subd. 8.    Transfer of administrative functions.  The 
 commissioner of administration with the approval of the governor 
 may determine that the administration of the open appointment 
 process provided for in this section more properly belongs in 
 another agency of the state.  On making that determination, the 
 commissioner may, on or after July 1, 1981, transfer this 
 function to that agency by reorganization order. 

    HIST: 1978 c 592 s 1,2; 1980 c 614 s 42-46; 1983 c 305 s 7; 
 1984 c 654 art 3 s 14; 1Sp1985 c 13 s 89; 1986 c 444; 1990 c 426 
 art 1 s 6; 1992 c 513 art 3 s 21; 1993 c 80 s 3-5; 1994 c 480 s 
 1-4; 1994 c 628 art 3 s 3; 1997 c 192 s 3,4; 1997 c 202 art 2 s 
 9,10 

     15.0598 Exceptions to open appointments. 

    The open appointments program shall not apply to any 
 appointments made jointly by the governor, attorney general, and 
 chief justice.  

    HIST: 1980 c 614 s 186 

     15.0599 Registration of multimember agencies. 

    Subdivision 1.    Applicability.  For purposes of this 
 section, "agency" means: 

    (1) a state board, commission, council, committee, 
 authority, task force, including an advisory task force 
 established under section 15.014 or 15.0593, other multimember 
 agency, however designated, established by statute or order and 
 having statewide jurisdiction; 

    (2) the metropolitan council established by section 
 473.123, a metropolitan agency as defined in section 473.121, 
 subdivision 5a, or a multimember body, however designated, 
 appointed by the metropolitan council or a metropolitan agency 
 if the membership includes at least one person who is not a 
 member of the council or the agency; 

    (3) a multimember body whose members are appointed by the 
 legislature if the body has at least one nonlegislative member; 
 and 

    (4) any other multimember body established by law with at 
 least one appointed member, without regard to the appointing 
 authority. 

    "Secretary" means the secretary of state. 

    Subd. 2.    Registration of new agencies.  Within 30 
 days after the appointment of members to a new agency, the 
 appointing authority shall register the agency with the 
 secretary, providing the information required in subdivision 4, 
 paragraph (a). 

    Subd. 3.    Annual registration of existing agencies.  
 Unless an agency has submitted its initial registration under 
 subdivision 2 within the last 90 days, the chair of an existing 
 agency shall register the agency with the secretary by July 15 
 of each year, providing the information required in subdivision 
 4, paragraph (b), and updating, if necessary, any of the 
 information previously provided in accordance with subdivision 
 4, paragraph (a). 

    Subd. 4.    Registration; information required.  (a) The 
 appointing authority of a newly established agency or the 
 authority's designee shall provide the secretary with the 
 following information: 

    (1) the name, mailing address, and telephone number of the 
 agency; 

    (2) the legal authority for the establishment of the agency 
 and the name and the title of the person or persons appointing 
 agency members; 

    (3) the powers and duties of the agency and whether the 
 agency, however designated, is best described by section 15.012, 
 paragraph (a), (b), (c), (e), or (f); 

    (4) the number of authorized members, together with any 
 prescribed restrictions on eligibility; 

    (5) the roster of current members, including mailing 
 addresses and telephone numbers; 

    (6) a breakdown of the membership showing distribution by 
 county, legislative district, and congressional district and 
 compliance with any restrictions listed in accordance with 
 clause (4); 

    (7) if any members have voluntarily provided the 
 information, the sex, age, political preference or lack of 
 preference, status with regard to disability, race, and national 
 origin of those members; 

    (8) the dates of commencement and expiration of membership 
 terms and the expiration date of the agency, if any; 

    (9) the compensation of members and appropriations or other 
 money available to the agency; 

    (10) the name of the state agency or other entity, if any, 
 required to provide staff or administrative support to the 
 agency; 

    (11) the regular meeting schedule, if any, and the 
 approximate number of hours a month of meetings or other 
 activities required of members; and 

    (12) a brief statement of the goal or purpose of the 
 agency, along with a summary of what an existing agency has 
 done, or what a newly established agency plans to do to achieve 
 its goal or purpose. 

    The publication requirement under clause (5) may be met by 
 publishing a member's home or business address and telephone 
 number, the address and telephone number of the agency to which 
 the member is appointed, the member's electronic mail address, 
 or any other information that would enable the public to 
 communicate with the member. 

    (b) The chair of an existing agency or the chair's designee 
 shall provide information, covering the fiscal year in which it 
 is registering, on the number of meetings it has held, its 
 expenses, and the number of staff hours, if any, devoted to its 
 support.  The chair or designee shall also, if necessary, update 
 any of the information previously provided in accordance with 
 paragraph (a). 

    (c) The secretary shall provide forms for the reporting of 
 information required by this subdivision and may provide for 
 reporting by electronic means. 

    Subd. 4a.    Eligibility for compensation.  The members 
 of an agency that submits all the information required by this 
 section by the prescribed deadlines are eligible to receive 
 compensation, but no compensation, including reimbursement for 
 expenses, may be paid to members of an agency not in compliance 
 with this section.  If an agency has not submitted all required 
 information by its applicable deadline, the secretary shall 
 notify the agency that it is not in compliance and that it has 
 30 days from the date of the notice to achieve compliance.  If 
 the agency is out of compliance at the end of the 30-day period, 
 the secretary shall notify the commissioner of finance that 
 members of the agency are not entitled to compensation.  If the 
 agency subsequently complies with this section, the secretary 
 shall notify the commissioner that the agency's members are 
 eligible for compensation from the date of compliance.  No 
 retroactive compensation may be paid, however, for any period 
 during which the agency was out of compliance. 

    Subd. 5.    Reporting by secretary.  By October 15 of 
 each year, the secretary shall furnish copies and a summary of 
 the information collected under subdivision 4 to the legislative 
 reference library. 

    Subd. 6.    Electronic publication.  Any material that 
 under sections 15.0597 to 15.0599 is required to be published in 
 the State Register may instead be published on the World Wide 
 Web. 

    If that option is used, the secretary of state shall 
 publish notice of that fact in the State Register at least once 
 a year and shall send the same notice by United States mail to 
 all persons who have registered with the secretary for the 
 purpose of receiving notice of the secretary's listings. 

    HIST: 1994 c 480 s 5; 1997 c 192 s 5-9; 1997 c 202 art 2 s 11 

     15.06 Appointment of department heads; terms; deputies. 

    Subdivision 1.    Applicability.  This section applies 
 to the following departments or agencies:  the departments of 
 administration, agriculture, commerce, corrections, economic 
 security, children, families, and learning, employee relations, 
 trade and economic development, finance, health, human rights, 
 labor and industry, natural resources, public safety, public 
 service, human services, revenue, transportation, and veterans 
 affairs; the housing finance and pollution control agencies; the 
 office of commissioner of iron range resources and 
 rehabilitation; the bureau of mediation services; and their 
 successor departments and agencies.  The heads of the foregoing 
 departments or agencies are "commissioners." 

    Subd. 2.    Term of office; successor.  The term of a 
 commissioner shall end with the term of the office of governor.  
 If the appointing authority is the governor, the term shall end 
 on the date the governor who appointed the commissioner vacates 
 office.  The appointing authority shall submit to the president 
 of the senate the name of an appointee as permanent commissioner 
 as provided by section 15.066, subdivision 2, within 45 
 legislative days after the end of the term of a commissioner and 
 within 45 legislative days after the occurrence of a vacancy.  
 The appointee shall take office as permanent commissioner when 
 the senate notifies the appointing authority that it has 
 consented to the appointment.  A commissioner shall serve at the 
 pleasure of the appointing authority.  

    Subd. 3.    Vacancy; temporary commissioner.  The 
 purpose of this subdivision is to provide a procedure to insure 
 the immediate accession to office of a temporary commissioner in 
 the event of a vacancy in the office of commissioner.  If at the 
 end of a term of a commissioner the incumbent commissioner is 
 not designated as acting commissioner pursuant to subdivision 4, 
 or if a vacancy occurs in the office of a commissioner, the 
 deputy commissioner as defined in subdivision 7 shall 
 immediately become temporary commissioner without further 
 official action.  If there is more than one deputy commissioner, 
 the appointing authority of the commissioner shall designate 
 which of the deputies shall be temporary commissioner.  If there 
 is no deputy commissioner, the appointing authority of the 
 commissioner shall designate a temporary commissioner. 

    Subd. 4.    End of term; vacancy; acting commissioner.  
 The purpose of this subdivision is to provide alternative means 
 whereby an appointing authority may designate a person other 
 than a temporary commissioner to serve as acting commissioner 
 until advice and consent of the senate is received in respect to 
 a permanent appointee.  These alternative means include the 
 following: 

    (1) At the end of the term of a commissioner, the incumbent 
 commissioner may at the discretion of the appointing authority 
 serve as acting commissioner until a successor is appointed and 
 qualifies. 

    (2) An appointing authority may appoint a person other than 
 a deputy to serve as acting commissioner and to replace any 
 other acting or temporary commissioner designated pursuant to 
 subdivision 3 or 4. 

    (3) Prior to the advice and consent of the senate, the 
 appointing authority may designate the permanent appointee as 
 commissioner. 

    Subd. 5.    Effect of designation of acting or temporary 
 commissioner.  A person who is designated acting commissioner 
 or temporary commissioner pursuant to subdivisions 3 or 4 shall 
 immediately have all the powers and emoluments and perform all 
 the duties of the office.  A person who is designated permanent 
 commissioner shall have all the powers and may perform all the 
 duties of the office upon receipt of the letter of appointment 
 by the president of the senate pursuant to section 15.066.  Upon 
 the appointment of a permanent commissioner or acting 
 commissioner to succeed any other acting or temporary 
 commissioner, the subsequent appointee shall immediately take 
 the place of any other acting or temporary commissioner.  No 
 person shall serve as a permanent commissioner or acting 
 commissioner after the senate has voted to refuse to consent to 
 the person's appointment as permanent commissioner.  Notice of 
 the designation of a commissioner or acting commissioner, or the 
 assumption of office by a temporary commissioner, shall be filed 
 with the president of the senate and the speaker of the house 
 with a copy delivered to the secretary of state and published in 
 the next available edition of the State Register. 

    Subd. 6.    General powers of commissioners.  Except as 
 otherwise expressly provided by law, a commissioner shall have 
 the following powers: 

    (1) To delegate to any subordinate employee the exercise of 
 specified statutory powers or duties as the commissioner may 
 deem advisable, subject to the commissioner's control; provided, 
 that every delegation shall be made by written order, filed with 
 the secretary of state; and further provided that only a deputy 
 commissioner may have all the powers or duties of the 
 commissioner; 

    (2) To appoint all subordinate employees and to prescribe 
 their duties; provided, that all departments and agencies shall 
 be subject to the provisions of chapter 43A; 

    (3) With the approval of the commissioner of 
 administration, to organize the department or agency as deemed 
 advisable in the interest of economy and efficiency; and 

    (4) To prescribe procedures for the internal management of 
 the department or agency to the extent that the procedures do 
 not directly affect the rights of or procedure available to the 
 public. 

    Subd. 7.    Deputy commissioner.  For purposes of this 
 section, a "deputy commissioner" shall also include a "deputy 
 director" when the department head bears the title "director".  
 A deputy commissioner of a department or agency specified in 
 subdivision 1 shall be in the unclassified civil service and 
 shall be immediately subordinate to the commissioner.  The 
 deputy commissioner shall have all the powers and authority of 
 the commissioner unless the commissioner directs otherwise, and 
 shall speak for the commissioner within and without the 
 department or agency. The primary duty of a deputy shall be to 
 assist the commissioner in the general management of the entire 
 department or agency or of major parts thereof, and shall not 
 consist of operating single functional areas.  A deputy 
 commissioner serves at the pleasure of the commissioner. 

    Subd. 8.    Number of deputy commissioners.  Unless 
 specifically authorized by statute, other than section 43A.08, 
 subdivision 2, no department or agency specified in subdivision 
 1 shall have more than one deputy commissioner.  

    Subd. 9.    Private employment.  No former commissioner 
 or deputy commissioner may, within one year after leaving the 
 position of commissioner or deputy commissioner in a department 
 or agency, appear or participate in proceedings of that 
 department or agency representing the interests of private 
 persons. 

    HIST: (53-1g) 1939 c 431 art 8 s 6; 1977 c 305 s 1; 1977 c 430 
 s 25; 1981 c 210 s 54; 1983 c 289 s 2,3; 1983 c 305 s 8,9; 
 1Sp1985 c 14 art 9 s 75; 1986 c 444; 1987 c 186 s 1; 1987 c 312 
 art 1 s 26 subd 2; 1991 c 345 art 2 s 8; 1994 c 483 s 1; 1Sp1995 
 c 3 art 16 s 13 

     15.061 Professional or technical services. 

    In accordance with sections 16C.03 and 16C.08, the head of 
 a state department or agency may, with the approval of the 
 commissioner of administration, contract for professional or 
 technical services in connection with the operation of the 
 department or agency.  A contract negotiated under this section 
 is not subject to the competitive bidding requirements of 
 chapter 16C. 

    HIST: 1969 c 1139 s 64; 1978 c 480 s 1; 1984 c 544 s 89; 1995 
 c 186 s 9; 1995 c 254 art 1 s 40; 1998 c 386 art 2 s 10 

     15.063 Biennial reports; submission.  

    Notwithstanding any law to the contrary, the biennial 
 reports required to be submitted to the legislature by various 
 departments and agencies shall be submitted by November 15 of 
 each even-numbered year.  

    HIST: Ex1971 c 3 s 63 

  15.065 Repealed, 1997 c 98 s 17 

     15.066 Confirmation of appointments. 

    Subdivision 1.    Applicability.  This section applies 
 to all appointments which by statute require the advice and 
 consent of the senate.  For the purpose of this section, the 
 term "agency" includes state departments, boards, committees, 
 councils, commissions, authorities, and advisory task forces 
 created by statute.  

    Subd. 2.    Procedure.  In all appointments to state 
 agencies which require the advice and consent of the senate, the 
 following procedure shall apply:  

    (a) The appointing authority shall provide to the president 
 of the senate a letter of appointment which shall include the 
 position title to which the appointment is being made; the name, 
 street address, city and county of the appointee; and the term 
 of the appointment; 

    (b) For those positions for which a statement of economic 
 interest is required to be filed by section 10A.09, the 
 appointing authority shall give the notice to the campaign 
 finance and public disclosure board required by section 10A.09, 
 subdivision 2, at the time the letter of appointment is directed 
 to the president of the senate; 

    (c) If the appointment is subject to the open appointments 
 program provided by section 15.0597, the appointing authority 
 shall provide the senate with a copy of the application provided 
 by section 15.0597, at the time the letter of appointment is 
 directed to the president of the senate; and 

    (d) The appointment shall be effective and the appointee 
 may commence to exercise the duties of the office upon the 
 receipt of the letter of appointment by the president of the 
 senate.  

    HIST: 1983 c 305 s 10; 1997 c 202 art 2 s 63 

  15.07 Repealed, 1996 c 310 s 1 

     15.08 Commissioners of finance and administration; 
  access to records.  

    The commissioner of finance and the commissioner of 
 administration and their designated agents shall have free 
 access to the records of all state departments and agencies, and 
 may issue subpoenas for and compel the attendance of witnesses 
 and the giving of testimony and the production of books, 
 records, accounts, documents, and papers; and may administer 
 oaths to witnesses or take their affirmation.  If any person 
 shall fail or refuse to appear or testify regarding that upon 
 which the person may be lawfully interrogated, or to produce any 
 books, records, accounts, documents or papers material in the 
 matter under consideration, after having been lawfully required 
 by order or subpoena, any judge of the district court in any 
 county of the state where the order or subpoena was made 
 returnable, on application of the commissioner of finance or 
 commissioner of administration, as the case may be, shall compel 
 obedience or punish disobedience as for contempt, as in the case 
 of disobedience of a similar order or subpoena issued by such 
 court. 

    HIST: (53-1d) 1939 c 431 art 8 s 3; 1973 c 492 s 14; 1986 c 
 444 

     15.082 Obligations of public corporations. 

    Notwithstanding any other law, the state is not liable for 
 obligations of a public corporation created by statute.  Upon 
 dissolution of the public corporation, its wholly-owned assets 
 become state property.  Partially owned assets become state 
 property to the extent that state money was used to acquire them.

    This section does not apply to a public corporation 
 governed by chapter 119. 

    HIST: 1990 c 594 art 1 s 41 

  15.09 Repealed, 1996 c 310 s 1 

     15.10 Records delivered to department heads.  

    The head of a department or other agency whose functions, 
 powers, and duties are by Laws 1939, chapter 431, assigned and 
 transferred to another department or agency, shall transfer and 
 deliver to such other department or agency all contracts, books, 
 maps, plans, papers, records, and property of every description 
 within the department head's jurisdiction or control, and shall 
 also transfer thereto any or all employees engaged in the 
 exercise of such functions, powers, or duties.  The head of such 
 other department or agency to which such assignment or transfer 
 is made is hereby authorized to take possession of the property, 
 and shall take charge of the employees and shall employ them in 
 the exercise of their respective functions, powers, and duties 
 transferred as aforesaid, without reduction of compensation; 
 subject to change or termination of employment or compensation 
 as may be otherwise provided by law.  

    HIST: (53-1k) 1939 c 431 art 8 s 10; 1986 c 444 

  15.11 Repealed, 1961 c 561 s 17 

  15.12 Repealed, 1961 c 561 s 17 

  15.13 Repealed, 1976 c 2 s 3 

  15.14 Repealed, 1996 c 310 s 1 

  15.15 Repealed, 1996 c 310 s 1 

     15.16 Transfer of lands between departments. 

    Subdivision 1.    Agreement.  To facilitate the transfer 
 of the control of state-owned lands between state departments 
 and agencies of government and to avoid the necessity of 
 condemning state lands by a department or agency of government 
 of the state, a department or agency of the state government of 
 Minnesota may acquire the control of state lands for public 
 purposes from the department or agency of state government 
 having those lands under its control and supervision, upon terms 
 and conditions that are mutually agreed upon by the heads of the 
 interested state departments or agencies.  

    Subd. 2.    Executive council to determine terms.  If 
 the heads of the departments or agencies acting under 
 subdivision 1 are unable to agree on the terms and conditions of 
 a transfer of control of state lands, the executive council, 
 upon application of a state department or agency having the 
 power to acquire lands for public purposes, shall determine the 
 terms and conditions and may order the transfer of the control 
 of state lands to the department or agency requesting the 
 transfer.  

    Subd. 3.    Commissioner of finance and treasurer to 
 transfer funds.  The commissioner of finance and the state 
 treasurer are authorized and directed to transfer funds between 
 state departments and agencies to effect the terms and 
 conditions to transfer the control of real estate as provided in 
 this section.  

    Subd. 4.    Attorney general to prescribe form of 
 transfer.  The transfer of control of real estate as provided 
 under this section must be made on transfer documents prescribed 
 by the attorney general, and the transfer documents must be 
 permanently filed in the office of the commissioner of finance.  

    Subd. 5.    Obtaining recommendation.  No control of 
 state-owned lands may be transferred between state departments 
 or agencies without the departments or agencies first consulting 
 the chairs of the senate finance committee and house of 
 representatives appropriations committee and obtaining their 
 recommendations.  The recommendations are advisory only.  
 Failure to obtain a prompt recommendation is deemed a negative 
 recommendation. 

    HIST: 1941 c 387 s 1-4; 1973 c 492 s 14; 1973 c 720 s 52; 1983 
 c 301 s 65; 1986 c 444; 1990 c 506 art 2 s 3 

     15.161 Acceptance of federal lands or buildings; 
  consultation with legislative committees. 

    The head of a state department or agency shall consult with 
 the chair of the house ways and means committee and the chair of 
 the senate finance committee before accepting any federal land 
 or buildings thereon or any interest therein which is declared 
 surplus by federal authorities and obtaining a recommendation 
 thereon which shall be advisory only.  Failure to obtain a 
 recommendation thereon promptly shall be deemed a negative 
 recommendation.  

    HIST: 1973 c 720 s 60; 1986 c 444; 1993 c 4 s 8 

  15.1611 Renumbered 13.01 

    15.162 Subdivision 1.  Renumbered 13.02 
 subdivision 1 

    Subd. 1a.  Repealed, 1981 c 311 s 40 

    Subd. 2.  Renumbered 13.02 subd 2 

    Subd. 2a.  Renumbered 13.02 subd 3 

    Subd. 3.  Renumbered 13.02 subd 5 

    Subd. 3a.  Renumbered 13.02 subd 4 

    Subd. 4.  Renumbered 13.02 subd 8 

    Subd. 5.  Renumbered 13.02 subd 11 

    Subd. 5a.  Renumbered 13.02 subd 12 

    Subd. 5b.  Renumbered 13.02 subd 15 

    Subd. 5c.  Renumbered 13.02 subd 9 

    Subd. 5d.  Renumbered 13.02 subd 13 

    Subd. 5e.  Renumbered 13.02 subd 14 

    Subd. 6.  Renumbered 13.02 subd 16 

    Subd. 7.  Renumbered 13.02 subd 17 

    Subd. 8.  Renumbered 13.02 subd 18 

    Subd. 9.  Renumbered 13.02 subd 19 

    Subd. 10.  Renumbered 13.02 subd 6 

    Subd. 11.  Renumbered 13.02 subd 7 

    Subd. 12.  Renumbered 13.02 subd 10 

  15.1621 Renumbered 13.03 

  15.163 Renumbered 13.05 subds 1-9 

  15.164 Repealed, 1975 c 401 s 9 

  15.1641 Repealed, 1979 c 328 s 24 

    15.1642 Subdivision 1.  Renumbered 13.06 
 subdivision 1 

    Subd. 2.  Renumbered 13.06 subd 2 

    Subd. 2a.  Renumbered 13.06 subd 3 

    Subd. 2b.  Renumbered 13.06 subd 4 

    Subd. 3.  Renumbered 13.06 subd 5 

    Subd. 4.  Repealed, 1979 c 328 s 24 

    Subd. 5.  Renumbered 13.06 subd 6 

    Subd. 5a.  Renumbered 13.06 subd 7 

  15.1643 Renumbered 13.05 subd 10 

  15.165 Renumbered 13.04 

  15.166 Renumbered 13.08 

  15.167 Renumbered 13.09 

  15.1671 Renumbered 13.07 

  15.1672 Renumbered 13.34 

  15.1673 Renumbered 13.37 

  15.1674 Renumbered 13.52 

  15.1675 Renumbered 13.70 subdivision 1 

  15.1676 Renumbered 13.71 

  15.1677 Renumbered 13.35 

  15.1678 Renumbered 13.44 

  15.1679 Renumbered 13.40 

  15.168 Repealed, 1975 c 401 s 9 

  15.1681 Renumbered 13.86 

  15.1682 Renumbered 13.68 

  15.1683 Renumbered 13.72 subdivision 1 

  15.169 Repealed, 1979 c 328 s 24 

  15.1691 Renumbered 13.46 

    15.1692 Subdivision 1.  Renumbered 13.43 
 subdivision 1 

    Subd. 2.  Renumbered 13.43 subd 2 

    Subd. 3.  Renumbered 13.43 subd 3 

    Subd. 4.  Repealed, 1980 c 603 s 32 

    Subd. 5.  Renumbered 13.43 subd 4 

    Subd. 6.  Renumbered 13.43 subd 5 

    Subd. 7.  Renumbered 13.43 subd 6 

    15.1693 Subdivision 1.  Renumbered 13.32 
 subdivision 1 

    Subd. 1a.  Renumbered 13.32 subd 2 

    Subd. 2.  Renumbered 13.32 subd 3 

    Subd. 3.  Renumbered 13.32 subd 4 

    Subd. 4.  Renumbered 13.32 subd 5 

  15.1694 Renumbered 13.30 

  15.1695 Renumbered 13.81 

  15.1696 Renumbered 13.82 subd 6 

  15.1697 Renumbered 13.33 

    15.1698 Subdivision 1.  Renumbered 13.42 
 subdivision 1 

    Subd. 2.  Repealed, 1980 c 603 s 32 

    Subd. 3.  Renumbered 13.42 subd 2 

    Subd. 4.  Renumbered 13.42 subd 3 

  15.1699 Renumbered 13.43 subd 7 

     15.17 Official records. 

    Subdivision 1.    Must be kept.  All officers and 
 agencies of the state, counties, cities, towns, school 
 districts, municipal subdivisions or corporations, or other 
 public authorities or political entities within the state, 
 hereinafter "public officer," shall make and preserve all 
 records necessary to a full and accurate knowledge of their 
 official activities.  All government records shall be made on a 
 physical medium of a quality to insure permanent records.  Every 
 public officer is empowered to reproduce records if the records 
 are not deemed to be of permanent or archival value by the 
 commissioner of administration and the records disposition panel 
 under section 138.17.  The public officer is empowered to 
 reproduce these records by any photographic, photostatic, 
 microphotographic, optical disk imaging system, microfilming, or 
 other reproduction method that clearly and accurately reproduces 
 the records.  If a record is deemed to be of permanent or 
 archival value, any reproduction of the record must meet 
 archival standards specified by the Minnesota historical society 
 provided, however, that this section does not prohibit the use 
 of nonerasable optical imaging systems for the preservation of 
 archival records without the preservation of paper or microfilm 
 copies.  Each public officer may order that those photographs, 
 photost1998, microphotographs, microfilms, optical images, or 
 other reproductions, be substituted for the originals of them.  
 The public officer may direct the destruction or sale for 
 salvage or other disposition of the originals from which they 
 were made, in accordance with the disposition requirements of 
 section 138.17.  Photographs, photost1998, microphotographs, 
 microfilms, optical images, or other reproductions are for all 
 purposes deemed the original recording of the papers, books, 
 documents, and records reproduced when so ordered by any public 
 officer and are admissible as evidence in all courts and 
 proceedings of every kind.  A facsimile or exemplified or 
 certified copy of a photograph, photostat, microphotograph, 
 microfilm, optical image, or other reproduction, or an 
 enlargement or reduction of it, has the same effect and weight 
 as evidence as would a certified or exemplified copy of the 
 original. 

    Subd. 2.    Responsibility for records.  The chief 
 administrative officer of each public agency shall be 
 responsible for the preservation and care of the agency's 
 government records, which shall include written or printed 
 books, papers, letters, contracts, documents, maps, plans, and 
 other records made or received pursuant to law or in connection 
 with the transaction of public business.  It shall be the duty 
 of each agency, and of its chief administrative officer, to 
 carefully protect and preserve government records from 
 deterioration, mutilation, loss, or destruction.  Records or 
 record books may be repaired, renovated, or rebound when 
 necessary to preserve them properly. 

    Subd. 3.    Delivery to successor.  Every legal 
 custodian of government records, at the expiration of that 
 official's term of office or authority, or on the official's 
 death a legal representative, shall deliver to a successor in 
 office all government records in custody; and the successor 
 shall receipt therefor to the predecessor or legal 
 representative and shall file in the office a signed 
 acknowledgment of the delivery.  Every public officer shall 
 demand from a predecessor in office, or the predecessor's legal 
 representative, the delivery of all government records belonging 
 to the office. 

    Subd. 4.    Accessible to public.  Access to records 
 containing government data is governed by sections 13.03 and 
 138.17. 

    HIST: 1941 c 553 s 1-4; 1957 c 28 s 1,2; 1973 c 123 art 5 s 7; 
 1973 c 422 s 1; 1979 c 328 s 23; 1981 c 311 s 39; 1982 c 545 s 
 24; 1982 c 573 s 1; 1986 c 444; 1990 c 506 art 2 s 4; 1993 c 71 
 s 1 

  15.171 Repealed, 1997 c 206 s 13 

  15.172 Repealed, 1997 c 206 s 13 

  15.173 Repealed, 1997 c 206 s 13 

  15.174 Repealed, 1997 c 206 s 13 

     15.18 Distribution of publications. 

    Except as provided in sections 3C.12, subdivision 2, and 
 5.08 and chapter 16B, when any department, agency, or official 
 of the state issues for public distribution any book, document, 
 journal, map, pamphlet, or report copies thereof shall be 
 delivered immediately as follows: 

    Four copies to the Minnesota historical society; 

    One copy to the general library of the University of 
 Minnesota, and may, upon request of the librarian, deliver 
 additional copies; 

    Two copies to the state library, and such additional copies 
 as the state librarian deems necessary for exchange with other 
 libraries, with other states, with the United States, and with 
 governments of foreign countries; 

    One copy to the public library of any city of the first 
 class; 

    One copy to the library of each state university as defined 
 in chapter 136. 

    HIST: 1947 c 365 s 1; 1963 c 179 s 1; 1975 c 321 s 2; 1984 c 
 480 s 14; 1984 c 544 s 89; 1984 c 655 art 2 s 19 subd 3 

  15.181 Renumbered 43.33 

     15.185 Mailing lists. 

    A department, agency, or official of the state issuing for 
 public distribution any book, document, journal, map, pamphlet, 
 or report on a regular basis to a list of persons who have asked 
 to receive regular publications shall insert into at least one 
 publication per person per year a returnable card which must be 
 returned by that person in order to receive future similar 
 publications from that department, agency, or official.  

    HIST: 1982 c 562 s 3 

  15.19 Repealed, 1969 c 265 s 2 

     15.191 Imprest cash funds. 

    Subdivision 1.    Emergency disbursements.  Imprest cash 
 funds for the purpose of making minor disbursements, providing 
 for change, and providing employees with travel advances or a 
 portion or all of their payroll warrant where the warrant has 
 not been received through the payroll system, may be established 
 by state departments or agencies from existing appropriations in 
 the manner prescribed by this section. 

    Subd. 2.    Approval.  Before an imprest cash fund is 
 established an application showing the need therefor shall be 
 presented to the commissioner of finance who shall fix the 
 amount of the fund for the department or agency.  Upon the 
 approval of the application by the commissioner of finance, the 
 imprest cash fund is established and the commissioner of finance 
 shall notify the applicant. 

    Subd. 3.    Warrant against designated appropriation.  
 Imprest cash funds established under this section shall be 
 created by warrant drawn against the appropriation designated by 
 the commissioner of finance. 

    HIST: 1969 c 265 s 1; 1973 c 492 s 14; 1976 c 231 s 2; 1979 c 
 333 s 62; 1991 c 345 art 1 s 48 

   15.21 Obsolete by Law 1957 c 936, see sections 15A.02 to 
  15A.15. 

   15.22 Obsolete by Law 1957 c 936, see sections 15A.02 to 
  15A.15. 

   15.23 Obsolete by Law 1957 c 936, see sections 15A.02 to 
  15A.15. 

     15.31 State employees, liability insurance, payment of 
  premiums.  

    The state shall pay premiums on insurance policies insuring 
 its employees against liability from claims for bodily injuries, 
 death or property damage made upon such employees while 
 operating state-owned vehicles in the performance of, in 
 connection with or incidental to their duties as state 
 employees.  Payment of such premiums shall be made from funds 
 appropriated or otherwise available to the various departments 
 and agencies of the state.  The payment of such premiums shall 
 not impose upon the state any liability whatsoever for the 
 payment of damages as a result of a claim against the state 
 employee.  

    HIST: 1953 c 676 s 1 

  15.315 Repealed, 1976 c 331 s 43 

  15.35 Repealed, 1965 c 780 s 9 

  15.36 Repealed, 1965 c 780 s 9 

  15.37 Repealed, 1967 c 103 s 10 

    15.375 Subdivision 1. Repealed, 1983 c 355 s 4 

    Subd. 2.  Renumbered 16A.134 

     15.38 Noninsurance of state property; exceptions. 

    Subdivision 1.    Insurance prohibited.  No public funds 
 shall be expended on account of any insurance upon state 
 property against loss or damage by fire or tornado, nor shall 
 any state officer or board contract for or incur any 
 indebtedness against the state on account of any such insurance, 
 except as specifically authorized in this section, section 
 15.39, or other law.  

    Subd. 2.    Stillwater prison.  The commissioner of 
 corrections may insure the state of Minnesota against loss by 
 fire or tornado to the Minnesota correctional 
 facility-Stillwater, or the contents thereof, in any insurance 
 companies licensed to do business in this state, in such an 
 amount as the commissioner may from time to time determine and 
 to pay the premiums therefor from the revolving fund of the 
 institution. 

    Subd. 3.    Minnesota state colleges and universities.  
 The board of trustees of the Minnesota state colleges and 
 universities may purchase insurance coverage as it deems 
 necessary and appropriate to protect buildings and contents and 
 for activities ancillary to the programs of the state colleges 
 and universities. 

    Subd. 4. Repealed, 1995 c 212 art 4 s 65 

    Subd. 5.    Family farm security program.  The 
 commissioner of agriculture may purchase insurance as authorized 
 in section 41.56, subdivision 7.  

    Subd. 6.    Department of military affairs.  The 
 adjutant general may purchase insurance coverage deemed 
 necessary to indemnify the department of military affairs for 
 workers' compensation awards paid for state employees employed 
 under federal cooperative funding agreements. 

    Subd. 7.    Iron range resources and rehabilitation board. 
  The iron range resources and rehabilitation board may 
 purchase insurance it considers necessary and appropriate to 
 insure facilities operated by the board. 

    Subd. 8.    Authorized purchases.  The commissioner of 
 administration may authorize the purchase of insurance on state 
 property that agencies of state government deem necessary and 
 appropriate to protect buildings and contents. 

    Subd. 9.    Sibley House.  The Sibley House association 
 may purchase fire, wind, hail, and vandalism insurance and 
 insurance coverage for fine art objects from state 
 appropriations. 

    HIST: (3599) 1919 c 256 s 1; 1929 c 78 s 1; 1953 c 593 s 2; 
 1959 c 263 s 2; 1974 c 406 s 3; 1979 c 102 s 13; 1981 c 359 s 
 12; 1983 c 332 s 17; 1986 c 329 s 1; 1986 c 444; 1Sp1986 c 1 art 
 10 s 2; 1988 c 423 s 1; 1990 c 506 art 2 s 5; 1993 c 369 s 36; 
 1995 c 212 art 4 s 2 

     15.39 Economic security department buildings. 

    Subdivision 1.  Notwithstanding other law to the contrary, 
 the commissioner of the department of economic security of the 
 state of Minnesota may purchase insurance against loss to 
 state-owned buildings occupied by the department, from any 
 insurance companies licensed to do business in this state in an 
 amount that the commissioner may from time to time determine and 
 pay premiums for the insurance from federal funds granted for 
 the administration of the department of economic security. 

    Subd. 2.  The commissioner is authorized to requisition 
 from the economic security administration fund any amount 
 necessary to pay premiums for the insurance specified in 
 subdivision 1 and money in the amount necessary is appropriated 
 for that purpose. 

    HIST: 1961 c 515 s 1,2; 1969 c 567 s 3; 1973 c 254 s 3; 1977 c 
 430 s 25 subd 1; 1983 c 216 art 1 s 87; 1Sp1985 c 14 art 9 s 75; 
 1986 c 444; 1990 c 506 art 2 s 6; 1991 c 199 art 1 s 3; 1994 c 
 483 s 1 

     15.40 Lack of care in keeping property safe from fire 
  loss, nonfeasance in office.  

    Every state officer, board, or other authority having the 
 control of any state buildings or property shall keep the same 
 at all times as safe from fire loss as is reasonably possible.  
 Failure of any state officer, board, or authority having control 
 over any state property to keep the same as safe from fire loss 
 as is reasonably possible shall constitute nonfeasance in office 
 and be grounds for removal.  

    HIST: (3602) 1919 c 256 s 4 

     15.41 Construction permits, requisites.  

    Subdivision 1.  Every agency of the state of Minnesota and 
 every political subdivision thereof shall specify on every 
 construction permit the name and address of the applicant 
 therefor, and the general contractor thereon if there be one.  
 This information shall be a matter of public record, and 
 available to any interested person during business hours.  

    Subd. 2.  All construction permits shall be posted in a 
 conspicuous and accessible place at the premises or site of 
 construction.  

    HIST: 1957 c 125 s 1,2 

     15.415 Corrections in transactions, waiver. 

    In any instance where a correction concerning any state 
 department or agency transaction involves an amount less than 
 the administrative cost of making the correction, the correction 
 shall be waived unless it is possible at a relatively nominal 
 expense to include the correction in a later transaction.  If 
 the amount of any correction is less than $5 it shall be prima 
 facie evidence that the cost of the correction would exceed the 
 amount involved.  

    HIST: 1971 c 390 s 1; 1995 c 254 art 1 s 41 

  15.42 Renumbered 15.041 

     15.43 Acceptance of advantage by state employee; penalty.

    Subdivision 1.    Financial interest of agents.  No 
 employee of the state or of the University of Minnesota in 
 direct contact with suppliers or potential suppliers to the 
 state or the university, or who may directly or indirectly 
 influence a purchasing decision or contract by establishing 
 specification, testing purchased products, evaluating contracted 
 services, or otherwise has official involvement in the 
 purchasing or contracting process may: 

    (1) Have any financial interest or have any personal 
 beneficial interest directly or indirectly in contracts or 
 purchase orders for goods or services used by, or purchased for 
 resale or furnished to a department or agency of the state or 
 the university; or 

    (2) Accept directly or indirectly from a person, firm, or 
 corporation to which a contract or purchase order has been or 
 may be, awarded, a rebate, gift, money, or anything of value 
 other than items of nominal value.  No such employee may further 
 accept any promise, obligation or contract for future reward. 

    Subd. 2.    Textbooks exempted.  Textbooks, software, 
 and other course materials authored by an employee of the 
 Minnesota state colleges and universities or of the University 
 of Minnesota may be used as required course material.  
 Instructors in state institutions and at the university may 
 accept free samples of textbooks and related teaching materials. 

    Subd. 3.    Other exemptions.  The commissioners of 
 human services and corrections may by rule prescribe procedures 
 for the acceptance of gifts from any person or organization, 
 provided that such gifts are accepted by the commissioner, or a 
 designated representative of the commissioner, and that such 
 gifts are used solely for the direct benefit of patients or 
 inmates under the jurisdiction of the accepting state officer. 

    Subd. 4.    Penalties.  A violation of this section is 
 a misdemeanor. 

    HIST: 1973 c 349 s 2; 1973 c 400 s 1; 1975 c 321 s 2; 1982 c 
 560 s 7; 1984 c 654 art 5 s 58; 1986 c 444; 1996 c 398 s 1,2 

     15.435 Airline travel credit. 

    (a) Whenever public funds are used to pay for airline 
 travel by an elected official or public employee, any credits or 
 other benefits issued by any airline must accrue to the benefit 
 of the public body providing the funding.  In the event the 
 issuing airline will not honor a transfer or assignment of any 
 credit or benefit, the individual passenger shall report receipt 
 of the credit or benefit to the public body issuing the initial 
 payment within 90 days of receipt.  

    (b) By July 1, 1993, the appropriate authorities in the 
 executive, legislative, and judicial branches of the state and 
 the governing body of each political subdivision shall develop 
 and implement policies covering accrual of credits or other 
 benefits issued by an airline whenever public funds are used to 
 pay for airline travel by a public employee or an elected or 
 appointed official.  The policies must apply to all airline 
 travel, regardless of where or how tickets are purchased.  The 
 policies must include procedures for reporting receipt of 
 credits or other benefits. 

    HIST: 1992 c 592 s 20 

     15.44 Aids for handicapped at state meetings. 

    After July 1, 1980, a state agency which sponsors, in whole 
 or in part, a meeting or conference for the public or for state 
 employees shall ensure that a physically handicapped participant 
 who gives reasonable advance notice to the agency will receive 
 the auxiliary aids necessary for effective participation.  
 Auxiliary aids may include taped or Brailled materials, 
 interpreters or other effective means of making orally delivered 
 material available to participants with hearing impairments, and 
 equipment adaptable for use by participants with manual 
 impairments and other similar services and action; however, 
 nothing in this section shall (1) require a state agency to 
 provide attendants, individually prescribed devices, or other 
 devices or services of a personal nature or (2) apply to the 
 Minnesota state colleges and universities or the University of 
 Minnesota with respect to classes, seminars or training programs 
 which are offered by them.  When sign language interpreters are 
 provided, they shall be provided in a manner so that hearing 
 impaired participants will be able to see their signing 
 clearly.  For the purposes of this section, "physically 
 handicapped" has the meaning given in section 16B.60, 
 subdivision 7.  For the purposes of this section, "agency" means 
 any state officer, employee, board, commission, authority, 
 department or other agency or the executive branch of state 
 government.  

    HIST: 1980 c 574 s 8; 1984 c 544 s 89; 1996 c 395 s 18 

     15.441 Communications services. 

    Subdivision 1.    State agencies; bilingual employees.  
 Every state agency that is directly involved in furnishing 
 information or rendering services to the public and that serves 
 a substantial number of non-English-speaking people shall employ 
 enough qualified bilingual persons in public contact positions, 
 or enough interpreters to assist those in these positions, to 
 ensure provision of information and services in the language 
 spoken by a substantial number of non-English-speaking people. 

    The commissioner of administration shall determine the 
 application of this section to each state agency, in 
 consultation with the council on affairs of Chicano/Latino 
 people, groups representing other non-English-speaking people, 
 and the head of the agency.  In determining what constitutes a 
 substantial number of non-English-speaking people, the 
 commissioner shall consider: 

    (1) the number of people served by the agency; 

    (2) the number of non-English-speaking people served by the 
 agency; 

    (3) the frequency with which non-English-speaking people 
 are served by the agency; and 

    (4) the extent to which information or services rendered by 
 the agency affect legal rights, privileges, or duties. 

    Subd. 2.    Translations of materials explaining agency 
 services.  Every state agency that serves a substantial number 
 of non-English-speaking people and that provides materials in 
 English explaining services is encouraged to provide equivalent 
 materials in any non-English language spoken by a substantial 
 number of the people served by the agency.  An agency should 
 give highest priority to providing in a non-English language 
 materials that notify people of legal rights, duties, or 
 privileges they are entitled to, and the steps they must take to 
 obtain or maintain those rights, duties, or privileges.  When 
 notice of the availability of material explaining services 
 available is given, orally or in writing, it should be given in 
 English and the non-English language into which any material has 
 been translated.  

    Subd. 3.    Translated materials for local offices.  A 
 state agency is encouraged to provide its local offices with 
 written materials in the appropriate foreign language when: 

    (1) the local office or facility serves a substantial 
 number of non-English-speaking people; 

    (2) written materials such as forms, applications, 
 questionnaires, letters, or notices are used to ask or order a 
 person to provide information or to give a person information; 
 and 

    (3) the information asked for or given could affect the 
 person's rights, duties, or privileges with regard to the 
 agency's services or benefits. 

    Subd. 4.    Limitations.  (a) A state agency may not 
 dismiss an employee or increase its complement to carry out the 
 purposes of this section.  A state agency need only implement 
 this section by filling employee public contact positions made 
 vacant by retirement or normal attrition. 

    (b) This section shall be implemented to the extent 
 permissible under federal law, civil service laws governing 
 state agencies, and collective bargaining agreements. 

    HIST: 1Sp1985 c 17 s 1; 1997 c 7 art 3 s 2 

     15.45 Definitions. 

    Subdivision 1.  For the purposes of this section and 
 section 15.46, the terms defined in this section have the 
 meanings given them. 

    Subd. 2.  "Preventive health services" means services 
 intended to: 

    (1) Protect state employees against health hazards in their 
 work environment; 

    (2) Insure and facilitate the placement and suitability of 
 employees, according to their physical capacities and their 
 emotional make up, in work which they can reasonably perform 
 with an acceptable degree of efficiency and without endangering 
 their own health and safety or that of their fellow employees; 
 and 

    (3) Encourage personal health maintenance. 

    Subd. 3. Repealed, 1987 c 186 s 16 

    HIST: 1963 c 766 s 1; 1977 c 305 s 45; 1991 c 199 art 2 s 2 

     15.46 Preventive health services for state and county 
  employees. 

    The commissioner of the department of employee relations 
 may establish and operate a program of preventive health 
 services for state employees and shall provide the staff, 
 equipment, and facilities necessary to do so.  The commissioner 
 shall develop these services in accordance with the accepted 
 practices of and standards for occupational preventive health 
 services in the state of Minnesota.  Specific services must be 
 directed to the work environment and to the health of the 
 employee in relation to the job.  The commissioner shall 
 cooperate with the department of health as well as other private 
 and public community agencies providing health, safety, 
 employment, and welfare services.  A county may establish and 
 operate a program of preventive health and employee recognition 
 services for county employees and may provide necessary staff, 
 equipment, and facilities and may expend funds as necessary to 
 achieve the objectives of the program. 

    HIST: 1963 c 766 s 2; 1977 c 305 s 45; 1986 c 444; 1987 c 186 
 s 2; 1991 c 128 s 1; 1991 c 292 art 2 s 1 

  15.47 Repealed, 1987 c 186 s 16 

     15.471 Definitions. 

    Subdivision 1.    Terms defined.  For purposes of this 
 section and sections 15.471 to 15.474, the terms defined in this 
 section have the meanings given them.  

    Subd. 2.    Administrative law judge.  "Administrative 
 law judge" means the official assigned to conduct a contested 
 case hearing under chapter 14. 

    Subd. 3.    Contested case.  "Contested case" means a 
 proceeding defined in section 14.02, subdivision 3, in which the 
 position of the state is represented by counsel.  It does not 
 include a contested case to establish or fix a rate or grant or 
 renew a license. 

    Subd. 4.    Expenses.  "Expenses" means the costs 
 incurred by the party in the litigation, including: 

    (1) filing fees; 

    (2) subpoena fees and mileage; 

    (3) transcript costs and court reporter fees; 

    (4) expert witness fees; 

    (5) photocopying and printing costs; 

    (6) postage and delivery costs; and 

    (7) service of process fees. 

    Subd. 5.    Fees.  "Fees" means the reasonable attorney 
 fees or reasonable fees charged by a person not an attorney who 
 is authorized by law or rule to represent the party and may 
 include reasonable charges by the party, the party's employee, 
 or agent.  The amount of fees must be based upon prevailing 
 market rates for the kind and quality of the services furnished, 
 subject to the following limitations: 

    (a) In a court action, an expert witness may not be 
 compensated at a rate in excess of the highest rate of 
 compensation for expert witnesses paid by the United States. 

    (b) In a contested case proceeding, an expert witness may 
 not be compensated at a rate in excess of the highest rate of 
 compensation for expert witnesses paid by the state agency 
 involved. 

    (c) Attorney or agent fees may not be awarded in excess of 
 $100 per hour unless the court or administrative law judge 
 determines that an increase in the cost of living or a special 
 factor, such as the limited availability of qualified attorneys 
 or agents for the proceedings involved, justifies a higher fee.  

    Subd. 6.    Party.  (a) Except as modified by paragraph 
 (b), "party" means a person named or admitted as a party, or 
 seeking and entitled to be admitted as a party, in a court 
 action or contested case proceeding, or a person admitted by an 
 administrative law judge for limited purposes, and who is: 

    (1) an unincorporated business, partnership, corporation, 
 association, or organization, having not more than 50 employees 
 at the time the civil action was filed or the contested case 
 proceeding was initiated; and 

    (2) an unincorporated business, partnership, corporation, 
 association, or organization whose annual revenues did not 
 exceed $4,000,000 at the time the civil action was filed or the 
 contested case proceeding was initiated. 

    (b) "Party" also includes a partner, officer, shareholder, 
 member, or owner of an entity described in paragraph (a), 
 clauses (1) and (2). 

    (c) "Party" does not include a person providing services 
 pursuant to licensure or reimbursement on a cost basis by the 
 department of health or the department of human services, when 
 that person is named or admitted or seeking to be admitted as a 
 party in a matter which involves the licensing or reimbursement 
 rates, procedures, or methodology applicable to those services. 

    Subd. 7.    State.  "State" means the state of Minnesota 
 or an agency or official of the state acting in an official 
 capacity. 

    Subd. 8.    Substantially justified.  "Substantially 
 justified" means that the state's position had a reasonable 
 basis in law and fact, based on the totality of the 
 circumstances before and during the litigation or contested case 
 proceeding. 

    HIST: 1986 c 377 s 1; 1988 c 469 art 1 s 1; 1997 c 7 art 2 s 
 69 

     15.472 Fees and expenses; civil action or contested case 
  proceeding involving state. 

    (a) If a prevailing party other than the state, in a civil 
 action or contested case proceeding other than a tort action, 
 brought by or against the state, shows that the position of the 
 state was not substantially justified, the court or 
 administrative law judge shall award fees and other expenses to 
 the party unless special circumstances make an award unjust. 

    (b) The court or administrative law judge may reduce the 
 amount to be awarded under this section, or deny an award, to 
 the extent that the prevailing party during the proceedings 
 engaged in conduct that unduly and unreasonably protracted the 
 final resolution of the matter in controversy.  The decision of 
 an administrative law judge under this section must be made a 
 part of the record containing the final decision of the agency 
 and must include written findings and conclusions. 

    (c) This section does not preclude a party from recovering 
 costs, disbursements, fees, and expenses under other applicable 
 law. 

    HIST: 1986 c 377 s 2; 1988 c 469 art 1 s 1 

     15.473 Payment of costs and fees. 

    Subdivision 1.    Civil action.  A judgment against the 
 state in a civil action for fees and expenses under section 
 15.472 must be paid from funds of the agency. 

    Subd. 2.    Contested case proceeding.  Fees and other 
 expenses awarded in a contested case proceeding under section 
 15.472 must be paid by the agency over which the party prevails 
 from funds of the agency. 

    HIST: 1986 c 377 s 3; 1988 c 469 art 1 s 1 

     15.474 Procedure for award of fees; contested case. 

    Subdivision 1.    Applications.  The chief 
 administrative law judge shall by rule establish uniform 
 procedures for the submission and consideration of applications 
 for an award of fees and expenses in a contested case 
 proceeding.  If a court reviews the underlying decision of the 
 contested case under sections 14.63 to 14.68, an award for fees 
 and expenses may be made only under subdivision 3. 

    Subd. 2.    Appeal.  A party dissatisfied with the fee 
 determination made under subdivision 1 may petition for leave to 
 appeal to the court having jurisdiction to review the merits of 
 the underlying decision of the contested case.  If the court 
 denies the petition for leave to appeal, no appeal may be taken 
 from the denial.  If the court grants the petition, it may 
 modify the determination only if it finds that the failure to 
 make an award, or the calculation of the amount of the award, 
 was an abuse of discretion.  

    Subd. 3.    Judicial review.  (a) In awarding fees and 
 expenses under subdivision 1 to a prevailing party in an action 
 for judicial review of a contested case under sections 14.63 to 
 14.68, the court shall include in that award fees and expenses 
 to the extent authorized in section 15.472. 

    (b) Fees and expenses awarded under this subdivision may be 
 paid in accordance with section 15.473, subdivision 2. 

    HIST: 1986 c 377 s 4; 1988 c 469 art 1 s 1 

  15.475 Repealed, 1997 c 7 art 2 s 67 

     15.50 Capitol area architectural and planning board. 

    Subdivision 1.    Purpose, members, officers.  (a) The 
 legislature finds that the purposes of the board are to (1) 
 preserve and enhance the dignity, beauty and architectural 
 integrity of the capitol, the buildings immediately adjacent to 
 it, the capitol grounds, and the capitol area; (2) protect, 
 enhance, and increase the open spaces within the capitol area 
 when deemed necessary and desirable for the improvement of the 
 public enjoyment thereof; (3) develop proper approaches to the 
 capitol area for pedestrian movement, the highway system, and 
 mass transit system so that the area achieves its maximum 
 importance and accessibility; and (4) establish a flexible 
 framework for growth of the capitol buildings which will be in 
 keeping with the spirit of the original design. 

    (b) The capitol area architectural and planning board, 
 herein referred to as the board, consists of ten members.  The 
 lieutenant governor shall be a member of the board.  Four 
 members shall be appointed by the governor; three members, one 
 of whom shall be a resident of the district planning council 
 area containing the capitol area, shall be appointed by the 
 mayor of the city of Saint Paul, with the advice and consent of 
 the city council.  The speaker of the house shall appoint a 
 member of the house of representatives and the president of the 
 senate shall appoint one senator to be members of the board.  
 Each person appointed to the board shall qualify by taking the 
 oath of office. 

    (c) The lieutenant governor is the chair of the board.  The 
 attorney general is the legal advisor to the board.  The board 
 may elect a vice-chair who may preside at meetings in the 
 absence of the lieutenant governor and such other officers as it 
 may deem necessary to carry out its duties. 

    (d) The board shall select an executive secretary to serve 
 the board.  It may employ such other officers and employees as 
 it may deem necessary all of whom shall be in the classified 
 service of the state civil service.  The board may contract for 
 professional and other similar service on such terms as it may 
 deem desirable. 

    Subd. 2.    Capitol area plan.  (a) The board shall 
 prepare, prescribe, and from time to time, after a public 
 hearing, amend a comprehensive use plan for the capitol area, 
 called the area in this subdivision, which consists of that 
 portion of the city of Saint Paul comprehended within the 
 following boundaries:  Beginning at the point of intersection of 
 the center line of the Arch-Pennsylvania freeway and the center 
 line of Marion Street, thence southerly along the center line of 
 Marion Street extended to a point 50 feet south of the south 
 line of Concordia Avenue, thence southeasterly along a line 
 extending 50 feet from the south line of Concordia Avenue to a 
 point 125 feet from the west line of John Ireland Boulevard, 
 thence southwesterly along a line extending 125 feet from the 
 west line of John Ireland Boulevard to the south line of Dayton 
 Avenue, thence northeasterly from the south line of Dayton 
 Avenue to the west line of John Ireland Boulevard, thence 
 northeasterly to the center line of the intersection of Old 
 Kellogg Boulevard and Summit Avenue, thence northeasterly along 
 the center line of Summit Avenue to the center line of the new 
 West Kellogg Boulevard, thence southerly along the east line of 
 the new West Kellogg Boulevard, to the center line of West 
 Seventh Street, thence northeasterly along the center line of 
 West Seventh Street to the center line of the Fifth Street ramp, 
 thence northwesterly along the center line of the Fifth Street 
 ramp to the east line of the right-of-way of Interstate Highway 
 35-E, thence northeasterly along the east line of the 
 right-of-way of Interstate Highway 35-E to the south line of the 
 right-of-way of Interstate Highway 94, thence easterly along the 
 south line of the right-of-way of Interstate Highway 94 to the 
 west line of St. Peter Street, thence southerly to the south 
 line of Exchange Street, thence easterly along the south line of 
 Exchange Street to the west line of Cedar Street, thence 
 northerly along the west line of Cedar Street to the center line 
 of Tenth Street, thence northeasterly along the center line of 
 Tenth Street to the center line of Minnesota Street, thence 
 northwesterly along the center line of Minnesota Street to the 
 center line of Eleventh Street, thence northeasterly along the 
 center line of Eleventh Street to the center line of Jackson 
 Street, thence northwesterly along the center line of Jackson 
 Street to the center line of the Arch-Pennsylvania freeway 
 extended, thence westerly along the center line of the 
 Arch-Pennsylvania freeway extended and Marion Street to the 
 point of origin.  If construction of the labor interpretive 
 center does not commence prior to December 31, 2000, at the site 
 recommended by the board, the boundaries of the capitol area 
 revert to their configuration as of 1992.  

    Under the comprehensive plan, or a portion of it, the board 
 may regulate, by means of zoning rules adopted under the 
 Administrative Procedure Act, the kind, character, height, and 
 location, of buildings and other structures constructed or used, 
 the size of yards and open spaces, the percentage of lots that 
 may be occupied, and the uses of land, buildings and other 
 structures, within the area.  To protect and enhance the 
 dignity, beauty, and architectural integrity of the capitol 
 area, the board is further empowered to include in its zoning 
 rules design review procedures and standards with respect to any 
 proposed construction activities in the capitol area 
 significantly affecting the dignity, beauty, and architectural 
 integrity of the area.  No person may undertake these 
 construction activities as defined in the board's rules in the 
 capitol area without first submitting construction plans to the 
 board, obtaining a zoning permit from the board, and receiving a 
 written certification from the board specifying that the person 
 has complied with all design review procedures and standards.  
 Violation of the zoning rules is a misdemeanor.  The board may, 
 at its option, proceed to abate any violation by injunction.  
 The board and the city of Saint Paul shall cooperate in assuring 
 that the area adjacent to the capitol area is developed in a 
 manner that is in keeping with the purpose of the board and the 
 provisions of the comprehensive plan.  

    (b) The commissioner of administration shall act as a 
 consultant to the board with regard to the physical structural 
 needs of the state.  The commissioner shall make studies and 
 report the results to the board when it requests reports for its 
 planning purpose.  

    (c) No public building, street, parking lot, or monument, 
 or other construction may be built or altered on any public 
 lands within the area unless the plans for the project conform 
 to the comprehensive use plan as specified in paragraph (d) and 
 to the requirement for competitive plans as specified in 
 paragraph (e).  No alteration substantially changing the 
 external appearance of any existing public building approved in 
 the comprehensive plan or the exterior or interior design of any 
 proposed new public building the plans for which were secured by 
 competition under paragraph (e) may be made without the prior 
 consent of the board.  The commissioner of administration shall 
 consult with the board regarding internal changes having the 
 effect of substantially altering the architecture of the 
 interior of any proposed building.  

    (d) The comprehensive plan must show the existing land uses 
 and recommend future uses including:  areas for public taking 
 and use; zoning for private land and criteria for development of 
 public land, including building areas, open spaces, monuments, 
 and other memorials; vehicular and pedestrian circulation; 
 utilities systems; vehicular storage; elements of landscape 
 architecture.  No substantial alteration or improvement may be 
 made to public lands or buildings in the area without the 
 written approval of the board.  

    (e) The board shall secure by competitions plans for any 
 new public building.  Plans for any comprehensive plan, 
 landscaping scheme, street plan, or property acquisition that 
 may be proposed, or for any proposed alteration of any existing 
 public building, landscaping scheme or street plan may be 
 secured by a similar competition.  A competition must be 
 conducted under rules prescribed by the board and may be of any 
 type which meets the competition standards of the American 
 Institute of Architects.  Designs selected become the property 
 of the state of Minnesota, and the board may award one or more 
 premiums in each competition and may pay the costs and fees that 
 may be required for its conduct.  At the option of the board, 
 plans for projects estimated to cost less than $1,000,000 may be 
 approved without competition provided the plans have been 
 considered by the advisory committee described in paragraph 
 (h).  Plans for projects estimated to cost less than $400,000 
 and for construction of streets need not be considered by the 
 advisory committee if in conformity with the comprehensive plan. 

    (f) Notwithstanding paragraph (e), an architectural 
 competition is not required for the design of any light rail 
 transit station and alignment within the capitol area.  The 
 board and its advisory committee shall select a preliminary 
 design for any transit station in the capitol area.  Each stage 
 of any station's design through working drawings must be 
 reviewed by the board's advisory committee and approved by the 
 board to ensure that the station's design is compatible with the 
 comprehensive plan for the capitol area and the board's design 
 criteria.  The guideway and track design of any light rail 
 transit alignment within the capitol area must also be reviewed 
 by the board's advisory committee and approved by the board. 

    (g) Of the amount available for the light rail transit 
 design, adequate funds must be available to the board for design 
 framework studies and review of preliminary plans for light rail 
 transit alignment and stations in the capitol area. 

    (h) The board may not adopt any plan under paragraph (e) 
 unless it first receives the comments and criticism of an 
 advisory committee of three persons, each of whom is either an 
 architect or a planner, who have been selected and appointed as 
 follows:  one by the board of the arts, one by the board, and 
 one by the Minnesota Society of the American Institute of 
 Architects.  Members of the committee may not be contestants 
 under paragraph (e).  The comments and criticism must be a 
 matter of public information.  The committee shall advise the 
 board on all architectural and planning matters.  For that 
 purpose, the committee must be kept currently informed 
 concerning, and have access to, all data, including all plans, 
 studies, reports and proposals, relating to the area as the data 
 are developed or in the process of preparation, whether by the 
 commissioner of administration, the commissioner of trade and 
 economic development, the metropolitan council, the city of 
 Saint Paul, or by any architect, planner, agency or 
 organization, public or private, retained by the board or not 
 retained and engaged in any work or planning relating to the 
 area, and a copy of any data prepared by any public employee or 
 agency must be filed with the board promptly upon completion.  

    The board may employ stenographic or technical help that 
 may be reasonable to assist the committee to perform its duties. 

    When so directed by the board, the committee may serve as, 
 and any member or members of the committee may serve on, the 
 jury or as professional advisor for any architectural 
 competition, and the board shall select the architectural 
 advisor and jurors for any competition with the advice of the 
 committee.  

    The city of Saint Paul shall advise the board.  

    (i) The comprehensive plan for the area must be developed 
 and maintained in close cooperation with the commissioner of 
 trade and economic development, the planning department and the 
 council for the city of Saint Paul, and the board of the arts, 
 and no plan or amendment of a plan may be effective without 90 
 days' notice to the planning department of the city of Saint 
 Paul and the board of the arts and without a public hearing with 
 opportunity for public testimony.  

    (j) The board and the commissioner of administration, 
 jointly, shall prepare, prescribe, and from time to time revise 
 standards and policies governing the repair, alteration, 
 furnishing, appearance, and cleanliness of the public and 
 ceremonial areas of the state capitol building.  The board shall 
 consult with and receive advice from the director of the 
 Minnesota state historical society regarding the historic 
 fidelity of plans for the capitol building.  The standards and 
 policies developed under this paragraph are binding upon the 
 commissioner of administration.  The provisions of chapter 14, 
 including section 14.386, do not apply to this paragraph.  

    (k) The board in consultation with the commissioner of 
 administration shall prepare and submit to the legislature and 
 the governor no later than October 1 of each even-numbered year 
 a report on the status of implementation of the comprehensive 
 plan together with a program for capital improvements and site 
 development, and the commissioner of administration shall 
 provide the necessary cost estimates for the program.  The board 
 shall report any changes to the comprehensive plan adopted by 
 the board to the committee on governmental operations and 
 gambling of the house of representatives and the committee on 
 governmental operations and reform of the senate and upon 
 request shall provide testimony concerning the changes.  The 
 board shall also provide testimony to the legislature on 
 proposals for memorials in the capitol area as to their 
 compatibility with the standards, policies, and objectives of 
 the comprehensive plan. 

    (l) The state shall, by the attorney general upon the 
 recommendation of the board and within appropriations available 
 for that purpose, acquire by gift, purchase, or eminent domain 
 proceedings any real property situated in the area described in 
 this section, and it may also acquire an interest less than a 
 fee simple interest in the property, if it finds that the 
 property is needed for future expansion or beautification of the 
 area.  

    (m) The board is the successor of the state veterans 
 service building commission, and as such may adopt rules and may 
 reenact the rules adopted by its predecessor under Laws 1945, 
 chapter 315, and amendments to it.  

    (n) The board shall meet at the call of the chair and at 
 such other times as it may prescribe.  

    (o) The commissioner of administration shall assign 
 quarters in the state veterans service building to (1) the 
 department of veterans affairs, of which a part that the 
 commissioner of administration and commissioner of veterans 
 affairs may mutually determine must be on the first floor above 
 the ground, and (2) the American Legion, Veterans of Foreign 
 Wars, Disabled American Veterans, Military Order of the Purple 
 Heart, United Spanish War Veterans, and Veterans of World War I, 
 and their auxiliaries, incorporated, or when incorporated, under 
 the laws of the state, and (3) as space becomes available, to 
 other state departments and agencies as the commissioner may 
 deem desirable. 

    Subd. 2a.    Membership terms, compensation, removal, 
 vacancies.  The membership terms, compensation, removal of 
 members and filling of vacancies on the board shall be as 
 provided in section 15.0575. 

    Subd. 3.    Administrative and planning expenses.  With 
 the exception of the administrative and planning expenses of the 
 board for federally funded capital expenditures, the board's 
 administrative and planning expenses shall be borne by the state.
 If federal money is available for capital expenditures, the 
 board's administrative and planning expenses must be reimbursed 
 to the state upon receipt of that money.  State agencies and 
 other public bodies considering capitol area projects shall 
 consult with the board prior to developing plans for capital 
 improvements or capital budget proposals for submission to the 
 legislature and governor.  These public agencies shall provide 
 adequate funds for the board's review and planning purposes if 
 the board determines its review and planning services are 
 necessary.  The expenses of the board for competition premiums, 
 land acquisition or improvement or any other capital 
 expenditures in or upon properties owned or to be owned by the 
 state shall be borne by the state.  The expenses of any other 
 public body for such expenditures shall be borne by the body 
 concerned.  The city of Saint Paul may expend moneys currently 
 in the city of Saint Paul Capitol Approach Improvement Fund 
 established by Laws 1945, chapter 315, and acts amendatory 
 thereof for capital improvements contained in the city's 
 approved capital improvement budget.  The budget is to be 
 adopted in accordance with provisions contained in the city 
 charter. 

    Subd. 4.  Repealed, 1974 c 580 s 18 

    Subd. 5. Repealed, 1996 c 463 s 61 

    Subd. 6.    Land conveyances.  (a) The city of Saint 
 Paul shall have the power to convey without compensation 
 therefor to the state any property owned by it within the 
 boundaries of the capitol area pursuant to the plan adopted by 
 the board; and the state shall have the authority to transfer to 
 the city of Saint Paul without compensation any property 
 acquired by it for the purposes of Laws 1969, chapter 1150, 
 which lies within the street lines of the streets to be 
 established as a part of the city's portion of said plan. 

    (b) The tax-forfeited lands which are held by the state in 
 trust for the several taxing subdivisions of the state and which 
 are within the boundaries of the capitol area as fixed by the 
 plan recommended to the governor by the governor's advisory 
 committee or by the plan adopted by the board as provided in 
 Laws 1969, chapter 1150, shall not, except as provided in this 
 subdivision, be subject to sale or repurchase under any act, now 
 in effect or hereafter enacted unless it shall be expressly 
 provided in such act that the provisions of Laws 1969, chapter 
 1150, shall be superseded, modified or repealed. 

    The following procedure shall be used with respect to the 
 tax-forfeited lands within the boundaries of the capitol area: 

    (1) When the state gains custody of the tax-forfeited lands 
 in the capitol area which are to be held in trust for taxing 
 subdivisions of the state, the Ramsey county board of 
 commissioners shall compile a list of these lands after the fee 
 ownership has been recorded in the county recorder's office and 
 submit the list to the board.  The list shall include a property 
 description of the tax-forfeited parcel and a listing of the 
 buildings or structures thereon. 

    (2) Within 90 calendar days after receipt of the Ramsey 
 county board of commissioners' list, the board, at its 
 discretion, may:  (i) direct the commissioner of revenue to 
 release the tax-forfeited parcel from the trust for the taxing 
 subdivision of the state, which action shall vest unencumbered 
 title to the property in the name of the state; or (ii) 
 authorize the parcel to be disposed of pursuant to chapter 282, 
 provided that the parcel be thereafter utilized in accord with a 
 portion or all of the standards, policies or guidelines in the 
 board's comprehensive use plan.  All conveyances of property 
 under subclauses (i) and (ii) shall be subject to any 
 restrictive easements which the board may determine to be 
 necessary for implementation of the comprehensive plan.  Any 
 parcel which became tax-forfeited before February 28, 1982 shall 
 be conveyed pursuant to this section without compensation.  

    (3) If the board fails to act within the prescribed 90-day 
 period, the tax-forfeited parcel's disposition shall be governed 
 by chapter 282. 

    (4) Unless and until the commissioner of revenue releases a 
 tax-forfeited parcel from the trust for the taxing subdivision 
 and during the aforementioned 90-day waiting period, the Ramsey 
 county board of commissioners is authorized to maintain the 
 parcel to minimize risks to persons and property contiguous to 
 the parcel.  If the parcel is conveyed from the trust to the 
 state, the commissioner of administration shall assume these 
 maintenance responsibilities. 

    (c) Repealed, 1974 c 435 art 6 s 1 

    (d) The commissioner of revenue shall, upon application by 
 the board, release any lands referred to in clause (b) from the 
 trust in favor of the taxing subdivisions of the state.  Upon 
 the execution of such release, the commissioner shall certify 
 the fact of such release to the county auditor of Ramsey 
 county.  The forms of such release and certificate shall be 
 prescribed by the attorney general. 

    (e) Neither any member of the board, nor any person 
 employed or retained by the board shall have any financial 
 interest, direct or indirect, in any business enterprise or 
 activity, or in the construction or maintenance of facilities 
 for such enterprise or activity, within the capitol area for 
 which approval of the board is in any way required by law.  Any 
 person violating the provisions of this paragraph shall be 
 guilty of a gross misdemeanor. 

    (f) At any time after acquiring a tax-forfeited parcel of 
 property pursuant to the provisions of this subdivision, the 
 board may direct the commissioner of administration to convey 
 the parcel of property by quitclaim deed to the city of Saint 
 Paul housing and redevelopment agency.  The conveyance of 
 property shall be without compensation and shall be subject to 
 any restrictive easements which the board may determine to be 
 necessary for implementation of the comprehensive plan. 

    Subd. 7.    Advertising.  No advertising devices may be 
 erected after June 10, 1969, within the boundaries of the 
 capitol area unless done so pursuant to reasonable rules of the 
 board.  "Advertising device" means any billboard, sign, poster, 
 display or other device visible to and primarily intended to 
 advertise or to attract, and shall include any structure erected 
 primarily for use in connection with the display of any such 
 device and all lighting or other attachments used in connection 
 therewith. Advertising devices to advertise a business conducted 
 on the premises where the advertising device is located may be 
 permitted and erected in accordance with reasonable rules 
 established by the board.  Advertising devices which do not meet 
 the requirements of the rules may be ordered by the board to be 
 removed.  The owner of the advertising device and the owner of 
 the real property involved shall be paid just compensation for 
 their interests affected. 

    Any person who shall violate the provisions of this section 
 shall be guilty of a misdemeanor. 

    Subd. 8.  Repealed, 1974 c 580 s 18 

    Subd. 9.    Capital budget requests.  For capital budget 
 requests in the capitol area as defined in subdivision 2, 
 paragraph (a), the commissioner of administration shall consult 
 with the capitol area architectural and planning board regarding 
 building sites and design standards. 

    Subd. 10.    Native vegetation planting.  As part of its 
 comprehensive plan and adopted zoning rules, the board shall 
 give priority to the planting of native trees and shrubs, or 
 native grasses wherever appropriate, within the capitol area. 

    HIST: Ex1967 c 13 s 13; 1969 c 399 s 1; 1969 c 1150 s 1-6; 
 1971 c 25 s 9,10; 1971 c 926 s 1-3; 1973 c 501 s 1; 1973 c 582 s 
 3; 1974 c 580 s 4-7; 1975 c 271 s 6; 1976 c 134 s 6,7; 1976 c 
 234 s 6; 1976 c 239 s 129,130; 1977 c 410 s 2; 1980 c 614 s 
 47,48; 1981 c 301 s 5; 1981 c 356 s 89,248; 1Sp1981 c 4 art 2 s 
 2; 1982 c 422 s 1; 1982 c 424 s 130; 1983 c 289 s 115 subd 1; 
 1983 c 305 s 11; 1985 c 248 s 70; 1Sp1985 c 13 s 90; 1Sp1985 c 
 15 s 31; 1986 c 444; 1987 c 312 art 1 s 26 subd 2; 1989 c 335 
 art 1 s 57; 1990 c 426 art 1 s 7,8; 1991 c 345 art 1 s 49,50; 
 1993 c 144 s 1; 1993 c 369 s 37; 1994 c 632 art 4 s 18; 1995 c 
 220 s 24; 1995 c 233 art 2 s 56; 1995 c 254 art 1 s 42; 1997 c 
 187 art 5 s 7 

     15.51 Declaration of policy.  

    The state of Minnesota recognizes that intergovernmental 
 cooperation is an essential factor in resolving problems 
 affecting this state and that the interchange of personnel 
 between and among governmental agencies at the same or different 
 levels of government is a significant factor in achieving such 
 cooperation.  

    HIST: Ex1967 c 46 s 1 

     15.52 Definitions.  

    Subdivision 1.    Application.  For the purposes of 
 sections 15.51 to 15.57 the following words and phrases have the 
 meanings ascribed to them in this section.  

    Subd. 2.    Sending agency.  "Sending agency" means any 
 department, political subdivision or agency of the federal 
 government or a state government which sends any employee 
 thereof to another government agency under sections 15.51 to 
 15.57.  

    Subd. 3.    Receiving agency.  "Receiving agency" means 
 any department, political subdivision or agency of the federal 
 government or a state government which receives an employee of 
 another government agency under sections 15.51 to 15.57.  

    HIST: Ex1967 c 46 s 2; 1969 c 1140 s 1,2 

     15.53 Authority to interchange employees. 

    Subdivision 1.    No interchange except as authorized.  
 No department, agency, political subdivision or instrumentality 
 of the state is authorized to participate in a program of 
 interchange of employees with departments, agencies, or 
 instrumentalities of the federal government, the state, or 
 another state, as a sending or receiving agency except in 
 accordance with sections 15.51 to 15.57.  

    Subd. 2.    Period of assignment.  The period of 
 individual assignment or detail under an interchange program 
 shall not exceed 24 months, nor shall any person be assigned or 
 detailed for more than 24 months during any 36-month period, 
 except when the assignment or detail is made to coincide with an 
 unclassified appointment under section 15.06.  However, the head 
 of an agency may extend the period of assignment for not more 
 than two additional years.  A school district, a county, or a 
 public health entity may make an assignment for a period not to 
 exceed five years if the assignment is made pursuant to section 
 124D.23, subdivision 8.  Details relating to any matter covered 
 in sections 15.51 to 15.57 may be the subject of an agreement 
 between the sending and receiving agencies.  Elected officials 
 shall not be assigned from a sending agency nor detailed to a 
 receiving agency. 

    Subd. 3.    Political subdivisions.  A state department 
 or agency must report to the department of employee relations an 
 interchange with a political subdivision in which it is 
 participating either as a sending or receiving agency.  The 
 report must include identification of the political subdivision, 
 the length of the individual assignment, and the duties of the 
 individual assignment. 

    HIST: Ex1967 c 46 s 3; 1969 c 1140 s 3; Ex1971 c 48 s 11 subd 
 1; 1990 c 594 art 1 s 42; 1991 c 269 art 1 s 1; 1997 c 97 s 2; 
 1997 c 162 art 2 s 1; 1998 c 397 art 11 s 3 

     15.54 Status of employees of this state.  

    Subdivision 1.    Employees considered on regular work 
 assignments.  Employees of a sending agency participating in 
 an exchange of personnel as authorized in section 15.53 may be 
 considered during such participation to be on detail to regular 
 work assignments of the sending agency.  

    Subd. 2.    Salary and benefits.  Employees who are on 
 detail shall be entitled to the same salary and benefits to 
 which they would otherwise be entitled and shall remain 
 employees of the sending agency for all other purposes except 
 that the supervision of their duties during the period of detail 
 may be governed by agreement between the sending agency and the 
 receiving agency.  

    Subd. 3.    Personal injury.  Any employee who 
 participates in an exchange under the terms of this section who 
 suffers disability or death as a result of personal injury 
 arising out of and in the course of an exchange, or sustained in 
 performance of duties in connection therewith, shall be treated, 
 for the purposes of the sending agency's employee compensation 
 program, as an employee, as defined in such act, who has 
 sustained such injury in the performance of such duty, but shall 
 not receive benefits under that act for any period for which the 
 employee is entitled to and elects to receive similar benefits 
 under the receiving agency's employee compensation program.  

    HIST: Ex1967 c 46 s 4; 1986 c 444 

     15.55 Travel expenses of employees of this state. 

    A sending agency in this state may, in accordance with the 
 travel rules of such agency, pay the travel expenses of 
 employees assigned to a receiving agency on either a detail or 
 leave basis, but shall not pay the travel expenses of such 
 employees incurred in connection with their work assignments at 
 the receiving agency.  During the period of assignment, the 
 sending agency may pay a per diem allowance to the employee on 
 assignment or detail.  Such per diem allowance shall be in lieu 
 of, but not to exceed, the travel expense allowable under the 
 plan adopted by the commissioner of employee relations pursuant 
 to section 43A.18, subdivision 2. 

    HIST: Ex1967 c 46 s 5; 1977 c 347 s 7; 1980 c 617 s 47; 1981 c 
 210 s 48; 1985 c 248 s 70 

     15.56 Status of employees of other governments. 

    Subdivision 1.    Status of employees.  When any unit of 
 government of this state acts as a receiving agency, employees 
 of the sending agency who are assigned under authority of 
 sections 15.51 to 15.57 may be considered to be on detail to the 
 receiving agency.  

    Subd. 2.    Application of appointment laws or rules.  
 Appointments of persons so assigned may be made without regard 
 to the laws or rules governing the selection of employees of the 
 receiving agency.  Such person shall be in the unclassified 
 service of the state.  

    Subd. 3.    Not considered employees.  Employees who are 
 detailed to the receiving agency shall not by virtue of such 
 detail be considered to be employees thereof, except as provided 
 in subdivision 4.  The salary and supervision of the duties of 
 such employees during the period of detail may be governed by 
 agreement between the sending agency and the receiving agency.  

    Subd. 4.    Personal injury.  Any employee of a sending 
 agency assigned in this state who suffers disability or death as 
 a result of personal injury arising out of and in the course of 
 such assignment, or sustained in the performance of duties in 
 connection therewith, shall be treated for the purpose of 
 receiving agency's employee compensation program, as an 
 employee, as defined in such act, who has sustained such injury 
 in the performance of such duty, but shall not receive benefits 
 under that act for any period for which the employee elects to 
 receive similar benefits as an employee under the sending 
 agency's employee compensation program.  

    Subd. 5.    Contracts between agencies.  Sending and 
 receiving agencies may contract for the services of interchanged 
 employees and by contract arrange for the method and amount of 
 payment for employees and other terms of their employment, so 
 far as not governed by sections 15.51 to 15.57.  Any interchange 
 of employees contemplated by a department, agency, or 
 instrumentality of the state which is subject to the provisions 
 of chapter 16B, shall be submitted for review to the 
 commissioner of administration before arrangements are entered 
 into for such interchange.  

    Subd. 6.    Consultants.  Consultants who are not 
 full-time employees may be paid by both the sending and 
 receiving agencies, but not for the same work.  Sections 15.51 
 to 15.57 shall not affect the method of paying or employing 
 persons for full-time or part-time service in the military 
 service of the state or the United States.  

    HIST: Ex1967 c 46 s 6; 1969 c 1140 s 4,5; 1975 c 276 s 1; 1985 
 c 248 s 70; 1986 c 444; 1995 c 186 s 10 

     15.57 Travel expenses of employees of other governments. 

    A receiving agency in this state may, in accordance with 
 the travel rules of such agency, pay travel expenses of persons 
 assigned thereto under sections 15.51 to 15.57 during the period 
 of such assignments on the same basis as if they were regular 
 employees of the receiving agency.  

    HIST: Ex1967 c 46 s 7; 1985 c 248 s 70 

     15.58 Agreements between federal and receiving agencies. 

    Notwithstanding the provisions of sections 15.51 to 15.57, 
 a receiving agency in this state participating in an interchange 
 of employees under the Intergovernmental Personnel Act of 1970 
 may enter into a written agreement with a federal agency.  Such 
 agreement may provide for the state agency to pay all or a 
 portion of the salary and fringe benefits of the federal 
 employee assigned.  Such payments may be made directly to the 
 employee or as reimbursement to the federal agency. 

    HIST: Ex1971 c 48 s 11 subd 2 

     15.59 Employee interchange between state and private 
  industry.  

    In addition to the interchange of government employees, any 
 department, political subdivision or agency of state government 
 and private industry may serve as sending and receiving agencies 
 as provided in section 15.52, and interchange employees pursuant 
 to the requirements of sections 15.53 to 15.57. 

    HIST: 1974 c 320 s 1 

     15.61 Unemployed and underemployed; employment by state 
  and other governmental units. 

    Subdivision 1.  The state of Minnesota, its departments, 
 agencies, and instrumentalities, and any county, city, town, 
 school district or other body corporate and politic, may employ 
 unemployed and underemployed persons as defined in the federal 
 Emergency Employment Act of 1971, as amended, and Comprehensive 
 Employment and Training Act of 1973, as amended, pursuant to the 
 terms of those acts. 

    Subd. 2.  The provisions of Minnesota Statutes 1969, 
 sections 197.455 to 197.48 and 43A.11 and any other law or 
 ordinance relating to preference in employment and promotion of 
 persons having served in the armed services, the provisions of 
 any law, rule, or regulation, the provisions of any city charter 
 or any ordinance or resolution, or the provisions of any other 
 law or statute in conflict with the provisions of the federal 
 Emergency Employment Act of 1971, as amended, and Comprehensive 
 Employment and Training Act of 1973, as amended, shall not be 
 applicable to the employment of the persons specified in 
 subdivision 1. 

    HIST: Ex1971 c 25 s 1; 1974 c 511 s 15; 1975 c 2 s 1; 1975 c 
 271 s 6; 1981 c 210 s 54; 1Sp1981 c 4 art 1 s 16; 1983 c 312 art 
 7 s 17; 1987 c 384 art 2 s 4 

     15.62 Athletic leave of absence. 

    Subdivision 1.  For the purposes of this section, the terms 
 defined in this subdivision shall have the meanings here given 
 them: 

    (a) "public employee" has the meaning given it in section 
 179A.03; 

    (b) "team" includes any group leader, coach, official or 
 athlete who comprise the official delegation of the United 
 States to world or olympic competition. 

    Subd. 2.  A public employee who qualifies as a member of a 
 United States team for athletic competition on the world 
 championship, Pan American, or Olympic team in a sport 
 sanctioned by the International Olympic Committee, shall be 
 granted a leave of absence without loss of pay or other benefits 
 or rights for the purpose of preparing for and engaging in the 
 competition.  In no event shall the paid leave under this 
 section exceed the period of the official training camp and 
 competition combined or 90 calendar days a year, whichever is 
 less. 

    Subd. 3.  If the public employee granted the leave is an 
 employee of a school district, university system or other 
 political subdivision, the state shall reimburse the employer 
 for the actual cost to the employer of employing a substitute.  

    HIST: 1977 c 354 s 1; 1979 c 208 s 1; 1984 c 462 s 27; 1984 c 
 544 s 3; 1984 c 642 s 8; 1Sp1985 c 17 s 2 

     15.71 Public contracts; security for completion of 
  performance; definitions. 

    Subdivision 1.  For the purposes of sections 15.71 to 15.74 
 unless the context clearly indicates otherwise, the terms 
 defined in this section have the meanings given them. 

    Subd. 2.  "Public contract" means any purchase, lease or 
 sale by a public agency of personal property, public 
 improvements or services, other than agreements which are 
 exclusively for personal services.  

    Subd. 3.  "Public agency" or "public contracting agency" 
 means any agency of the state of Minnesota or any of its 
 political subdivisions authorized by law to enter into public 
 contracts.  

    Subd. 4.  "Public improvement" means any construction of 
 improvements on real property or highways by or for a public 
 agency.  

    Subd. 5.  "Retainage" means the difference between the 
 amount earned by the contractor on a public contract and the 
 amount paid on the contract by the public contracting agency.  

    HIST: 1980 c 464 s 1 

     15.72 Progress payments on public contracts; retainage. 

    Subdivision 1.  Unless the terms of the contract provide 
 otherwise, a public contracting agency shall make progress 
 payments on a public contract for a public improvement monthly 
 as the work progresses.  Payments shall be based upon estimates 
 of work completed as approved by the public contracting agency.  
 A progress payment shall not be considered acceptance or 
 approval of any work or waiver of any defects therein.  

    Subd. 2.  A public contracting agency may reserve as 
 retainage from any progress payment on a public contract for a 
 public improvement an amount not to exceed five percent of the 
 payment.  A public agency may reduce the amount of the retainage 
 and may eliminate retainage on any monthly contract payment if, 
 in the agency's opinion, the work is progressing satisfactorily. 

    HIST: 1980 c 464 s 2 

     15.73 Alternative form of retainage. 

    Subdivision 1.  At the option of the contractor, retainage 
 shall be paid to the contractor in accordance with this section. 

    Subd. 2.  The contractor may deposit bonds or securities 
 with the public contracting agency or in any bank or trust 
 company to be held in lieu of cash retainage for the benefit of 
 the public contracting agency.  In that event the public agency 
 shall reduce the retainage in an amount equal to the value of 
 the bonds and securities and pay the amount of the reduction to 
 the contractor.  Interest on the bonds or securities shall be 
 payable to the contractor as it accrues.  

    Subd. 3.  Bonds and securities deposited or acquired in 
 lieu of retainage, as permitted by subdivision 2, shall be of a 
 character approved by the state treasurer, including but not 
 limited to:  

    (1) bills, certificates, notes or bonds of the United 
 States; 

    (2) other obligations of the United States or its agencies; 

    (3) obligations of any corporation wholly owned by the 
 federal government; or 

    (4) indebtedness of the Federal National Mortgage 
 Association.  

    Subd. 4.  If the public agency incurs additional costs as a 
 result of the exercise of the option described in this section, 
 the agency may recover the costs from the contractor by reducing 
 the final payment due under the contract.  As work on the 
 contract progresses, the agency shall, upon demand, inform the 
 contractor of all accrued costs.  

    HIST: 1980 c 464 s 3 

     15.74 Exceptions to application. 

    Sections 15.71 to 15.73 apply to all public contracts 
 except those contracts in which receipt of federal financing is 
 conditioned on adherence to terms and conditions which are 
 inconsistent with sections 15.71 to 15.73.  

    HIST: 1980 c 464 s 4 

     15.75 Contracts with regional organizations. 

    Subdivision 1.    Purpose.  The purpose of this section 
 is to promote efficient and effective delivery of government 
 services throughout greater Minnesota by encouraging state 
 agencies to cooperate in the provision of services with a system 
 of regional organizations that have the capacity to coordinate 
 state resources with resources of local government units. 

    Subd. 2.    Authority.  A state agency may contract with 
 a system of regional organizations in greater Minnesota for 
 delivery of services not currently delivered at the regional 
 level on behalf of the state agency.  

    Subd. 3.    Designation of service delivery area.  For 
 the purposes of this section, the service delivery areas of the 
 system are the challenge grant regions designated under section 
 116J.415, subdivision 2.  

    Subd. 4.    Designation of regional organization.  The 
 system of regional organizations that may provide services for 
 state agencies in service delivery areas are as established in 
 paragraphs (a) to (d).  

    (a) If a service delivery area is identical to the region 
 designated under section 462.385, the regional development 
 commission established under section 462.387 shall perform the 
 services. 

    (b) If a service delivery area contains more than one 
 region designated under section 462.385, services must be 
 performed on the basis of contractual agreements among all 
 regional development commissions in the service delivery area. 

    (c) If a service delivery area is only partially served by 
 active regional development commissions, state funds for the 
 service must first be offered to potential service providers in 
 the area not served by an active commission.  If no provider 
 agrees to provide the service, an active commission or other 
 regional entity in the area not served by an active commission, 
 may, on the basis of an agreement with local units of government 
 in the service delivery area, perform the services. 

    (d) If a service delivery area does not contain an active 
 regional development commission, state funds for the service 
 must first be offered to potential service providers in the 
 area.  If no provider agrees to provide the service, a state 
 agency may enter into an agreement with another regional entity 
 to provide services.  In this case, the regional entity 
 providing services shall create an advisory committee which 
 includes elected officials of counties, cities, and towns in the 
 region. 

    (e) This subdivision does not limit the authority of a 
 state agency to enter into contractual agreements for services 
 with other agencies or with local units of government. 

    Subd. 5.    Agreements with department of trade and 
 economic development.  The commissioner of trade 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, 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. 

    HIST: 1993 c 139 s 1; 1996 c 369 s 12 

  15.771 Renumbered 13.69 subdivision 1 

  15.772 Renumbered 13.45 

  15.773 Renumbered 13.36 

  15.774 Renumbered 13.57 

  15.775 Renumbered 13.39 

  15.776 Renumbered 13.80 

  15.777 Renumbered 13.83 

  15.778 Renumbered 13.73 

  15.779 Renumbered 13.70 subd 2 

  15.781 Renumbered 13.41 

  15.782 Renumbered 13.53 

  15.783 Renumbered 13.31 

  15.784 Renumbered 13.51 

  15.785 Renumbered 13.38 

  15.786 Renumbered 13.54 

  15.787 Renumbered 13.66 

  15.788 Renumbered 13.67 

  15.789 Renumbered 13.65 

    15.791 Subdivision 1.  Renumbered 13.82 
 subdivision 1 

    Subd. 2.  Renumbered 13.82 subd 2 

    Subd. 3.  Renumbered 13.82 subd 3 

    Subd. 4.  Renumbered 13.82 subd 4 

    Subd. 5.  Renumbered 13.82 subd 5 

    Subd. 6.  Renumbered 13.82 subd 7 

    Subd. 7.  Renumbered 13.82 subd 8 

    Subd. 8.  Renumbered 13.82 subd 9 

    Subd. 9.  Renumbered 13.82 subd 10 

    Subd. 10.  Renumbered 13.82 subd 11 

  15.792 Renumbered 13.69 subd 2 

  15.793 Repealed, 1996 c 310 s 1 

  15.801 Renumbered 13.87 

  15.802 Renumbered 13.85 

  15.803 Renumbered 13.84 

  15.804 Renumbered 13.55 

  15.805 Renumbered 13.72 subd 2 

  15.806 Renumbered 13.50 

  15.811 Renumbered 13.56 

     15.85 Discipline for racial harassment. 

    It is the policy of this state that each public employee 
 has the right to work in an environment free from harassment 
 based on race or disability and that any public employee who 
 harasses another public employee because of disability, race, 
 creed, color, or national origin will be subject to disciplinary 
 action, including discharge. 

    HIST: 1989 c 96 s 1 

     15.86 State agency actions. 

    Subdivision 1.    Statement of zero tolerance of violence. 
  In furtherance of the state policy in section 1.50, by 
 January 1, 1993, each house of the legislature, each state 
 agency, and each public corporation created in statute must 
 adopt a goal of zero tolerance of violence.  Each agency is 
 encouraged to develop a plan that describes how the agency will: 

    (1) seek to eliminate any potential for violence in and 
 around the agency workplace; and 

    (2) seek to eliminate any potential for violence by 
 affecting the attitudes and behavior of people that the agency 
 serves or regulates.  

 Agency statements and any plans must be filed with the 
 legislative reference library, where they will be available for 
 public inspection. 

    Subd. 2.    Workplace plans.  An agency plan for 
 eliminating potential for violence in and around the workplace 
 may include: 

    (1) elimination of sexual harassment, as defined in section 
 363.01, subdivision 41; and 

    (2) assuring that areas in and around the workplace, such 
 as parking facilities and areas between the workplace and 
 parking facilities, are designed and operated in a manner that 
 provides for the safety of employees and guests. 

    Subd. 3.    Client plans.  An agency plan for 
 eliminating violence by affecting attitudes and behavior of 
 persons that the agency serves or regulates may include, but is 
 not limited to, the following: 

    (1) educational programs; 

    (2) incorporating the policy of zero tolerance of violence 
 into the agency's direct service and regulatory programs; and 

    (3) attempting to assure that persons and businesses 
 receiving grants from or providing goods or services to the 
 agency adopt zero tolerance of violence policies. 

    Subd. 4.    Liability.  This section does not create any 
 civil liability on the part of the state of Minnesota. 

    HIST: 1992 c 452 s 2 

     15.87 Victims of violence. 

    In furtherance of the state policy of zero tolerance for 
 violence in section 1.50, the state shall have a goal of 
 providing: 

    (1) every victim of violence in Minnesota, regardless of 
 the county of residence, access to necessary services, 
 including, but not limited to: 

    (i) crisis intervention services, including a 24-hour 
 emergency telephone line; 

    (ii) safe housing; 

    (iii) counseling and peer support services; and 

    (iv) assistance in pursuing legal remedies and appropriate 
 medical care; and 

    (2) every child who is a witness to abuse or who is a 
 victim of violence, access to necessary services, including, but 
 not limited to: 

    (i) crisis child care; 

    (ii) safe supervised child visitation, when needed; 

    (iii) age appropriate counseling and support; and 

    (iv) assistance with legal remedies, medical care, and 
 needed social services. 

    HIST: 1996 c 408 art 7 s 1 

     15.90 Purpose. 

    The purposes of sections 15.90 to 15.92 are: 

    (1) to generate information so that the legislature can 
 determine the extent to which state programs are successful; 

    (2) to develop clear goals and priorities for state 
 programs; 

    (3) to strengthen accountability to Minnesotans by 
 providing a record of state government's performance in 
 providing effective and efficient services; and 

    (4) to create appropriate incentives and systems that will 
 allow and encourage the best work by state employees. 

    HIST: 1993 c 192 s 39 

     15.91 Performance reporting for agencies of state 
  government. 

    Subdivision 1.    Definition.  For purposes of sections 
 15.90 to 15.92, "agency" means a department or agency, as 
 designated in section 15.01, the pollution control agency, and 
 the agricultural utilization research institute established in 
 section 116O.09. 

    Subd. 2.    Performance reports.  By January 2 of each 
 odd-numbered year, each agency shall issue a performance report 
 that includes the following: 

    (1) the agency's mission; 

    (2) the most important goals and objectives that support 
 the agency's mission; and 

    (3) the most important measures for goals and objectives 
 listed in the report, with data showing actual performance 
 relative to these measures. 

    Each agency shall send a copy of its performance report to 
 the speaker of the house, president of the senate, legislative 
 auditor, and legislative reference library, and provide a copy 
 to others upon request. 

    The commissioner of finance shall ensure that performance 
 reports are complete, succinct, accurate, and reliable and 
 compiled in such a way that they are useful to the public, 
 legislators, and managers in state government.  

    The legislative auditor shall periodically review and 
 comment on selected performance reports. 

    HIST: 1993 c 192 s 40; 1994 c 632 art 3 s 18; 1995 c 220 s 25; 
 1995 c 254 art 1 s 43; 1996 c 457 s 1; 1998 c 366 s 19 

     15.92 Worker participation committees. 

    (a) In the development of outcome measures and incentive 
 programs, each agency shall create a committee including 
 representatives of employees and employers.  The committee must 
 be given adequate time to perform the functions prescribed in 
 paragraph (b).  Each exclusive representative of employees shall 
 select a committee member from each of its bargaining units in 
 each affected agency.  The head of each agency shall select an 
 employee member from each unit of employees not represented by 
 an exclusive representative.  The agency head shall also appoint 
 one or more committee members to represent the agency.  The 
 number of members appointed by the agency head, however, may not 
 exceed the total number of members representing bargaining units.

    (b) A committee established under paragraph (a) shall: 

    (1) identify other employer and employee issues related to 
 improving the delivery of the agency's program and services; 

    (2) identify barriers to the effective and efficient 
 delivery of services; 

    (3) participate in the development of the agency's outcome 
 measures and incentive programs; and 

    (4) meet as desired for the purpose of developing solutions 
 to problems shared by employees and employer within the agency. 

    HIST: 1993 c 192 s 41 

  15.95 Repealed, 1997 c 202 art 3 s 36 

  15.96 Repealed, 1997 c 202 art 3 s 36 

     15.97 Information and telecommunications institute. 

    The legislature intends to establish an institute of 
 telecommunications technology applications and education.  The 
 institute must be structured as a collaboration between at least 
 the computer science, health science, teacher education, and 
 extension programs at the University of Minnesota, other 
 post-secondary educational institutions in the state, Minnesota 
 Technology, Inc., the department of trade and economic 
 development, libraries, and other institutions and entities that 
 have an interest in applications for and education on 
 telecommunications and information technology.  The mission of 
 the institute will be to: 

    (1) engage in applied research in order to develop 
 applications and methodologies for use of existing and expanded 
 telecommunications and information resources and networks 
 particularly in the areas of provision of health care, 
 education, business, and employment communications and services; 
 and 

    (2) provide technical assistance, education, and 
 information to current and potential users of telecommunications 
 networks and systems, including at least health care providers, 
 teachers, employers, and employees and to advocate and promote 
 appropriate and efficient use of the networks and systems to 
 improve efficiency and flexibility of the networks and systems 
 and of their users. 

    HIST: 1994 c 632 art 3 s 22 

     15.98 Indoor ice facilities. 

    This section applies to an indoor ice arena operated by a 
 political subdivision, a state agency, the University of 
 Minnesota, a state higher education institution, or any other 
 organization that makes an arena available to the public.  If 
 the arena provides more prime ice time to groups of one gender 
 than to groups of the other gender, the arena may not deny a 
 request for prime ice time from the group of the 
 underrepresented gender, provided that the group of the 
 underrepresented gender pays the same price charged to groups of 
 the other gender.  An underrepresented gender group must be 
 allowed up to 15 percent of prime ice time for the 1994-1995 
 season, up to 30 percent by the 1995-1996 season, and up to 50 
 percent by the 1996-1997 season.  This section does not:  (1) 
 require an arena to allocate more time to any one group than is 
 generally allocated to other groups; or (2) affect a political 
 subdivision's ability to grant preference to groups based in the 
 political subdivision, provided this preference is not based on 
 gender.  For purposes of this section, prime ice time means the 
 hours of 4:00 p.m. to 10:00 p.m. Monday to Friday and 9:00 a.m. 
 to 8:00 p.m. on Saturdays and Sundays.  Any group that generates 
 revenue as a result of tickets sold to persons in attendance at 
 arena events must be excluded in determining if the arena 
 provides more prime ice time to groups of one gender than the 
 other. 

    HIST: 1994 c 632 art 3 s 23 

     15.99 Time deadline for agency action. 

    Subdivision 1.    Definition.  For purposes of this 
 section, "agency" means a department, agency, board, commission, 
 or other group in the executive branch of state government; a 
 statutory or home rule charter city, county, town, or school 
 district; any metropolitan agency or regional entity; and any 
 other political subdivision of the state. 

    Subd. 2.    Deadline for response.  Except as otherwise 
 provided in this section and notwithstanding any other law to 
 the contrary, an agency must approve or deny within 60 days a 
 written request relating to zoning, septic systems, or expansion 
 of the metropolitan urban service area for a permit, license, or 
 other governmental approval of an action.  Failure of an agency 
 to deny a request within 60 days is approval of the request.  If 
 an agency denies the request, it must state in writing the 
 reasons for the denial at the time that it denies the request. 

    Subd. 3.    Application; extensions.  (a) The time limit 
 in subdivision 2 begins upon the agency's receipt of a written 
 request containing all information required by law or by a 
 previously adopted rule, ordinance, or policy of the agency.  If 
 an agency receives a written request that does not contain all 
 required information, the 60-day limit starts over only if the 
 agency sends notice within ten business days of receipt of the 
 request telling the requester what information is missing. 

    (b) If an action relating to zoning, septic systems, or 
 expansion of the metropolitan urban service area requires the 
 approval of more than one state agency in the executive branch, 
 the 60-day period in subdivision 2 begins to run for all 
 executive branch agencies on the day a request containing all 
 required information is received by one state agency.  The 
 agency receiving the request must forward copies to other state 
 agencies whose approval is required. 

    (c) An agency response meets the 60-day time limit if the 
 agency can document that the response was sent within 60 days of 
 receipt of the written request. 

    (d) The time limit in subdivision 2 is extended if a state 
 statute, federal law, or court order requires a process to occur 
 before the agency acts on the request, and the time periods 
 prescribed in the state statute, federal law, or court order 
 make it impossible to act on the request within 60 days.  In 
 cases described in this paragraph, the deadline is extended to 
 60 days after completion of the last process required in the 
 applicable statute, law, or order.  Final approval of an agency 
 receiving a request is not considered a process for purposes of 
 this paragraph. 

    (e) The time limit in subdivision 2 is extended if:  (1) a 
 request submitted to a state agency requires prior approval of a 
 federal agency; or (2) an application submitted to a city, 
 county, town, school district, metropolitan or regional entity, 
 or other political subdivision requires prior approval of a 
 state or federal agency.  In cases described in this paragraph, 
 the deadline for agency action is extended to 60 days after the 
 required prior approval is granted. 

    (f) An agency may extend the time limit in subdivision 2 
 before the end of the initial 60-day period by providing written 
 notice of the extension to the applicant.  The notification must 
 state the reasons for the extension and its anticipated length, 
 which may not exceed 60 days unless approved by the applicant. 

    HIST: 1995 c 248 art 18 s 1; 1996 c 283 s 1 

     15.991 Customer service. 

    Subdivision 1.    Definitions.  For purposes of this 
 section and section 15.992: 

    (1) "business license" or "license" has the meaning given 
 it in section 116J.70, subdivision 2, and also includes licenses 
 and other forms of approval listed in section 116J.70, 
 subdivision 2a, clauses (7) and (8), but does not include those 
 listed in subdivision 2a, clauses (1) to (6); 

    (2) "customer" means an individual; a small business as 
 defined in section 645.445, but also including a nonprofit 
 corporation that otherwise meets the criteria in that section; a 
 family farm, family farm corporation, or family farm partnership 
 as defined in section 500.24, subdivision 2; or a political 
 subdivision as defined in section 103G.005, subdivision 14a; 

    (3) "initial agency" means the state agency to which a 
 customer submits an application for a license or inquires about 
 submitting an application; and 

    (4) "responsible agency" means the initial agency or 
 another state agency that agrees to be designated the 
 responsible agency. 

    Subd. 2.    Responsibility for customer needs.  (a) When 
 a customer applies to a state agency for a license to engage in 
 activity, the agency is responsible for providing the customer 
 with information the customer needs from the state to complete 
 the application, including information on any other agency or 
 agencies that must take action before the license may be granted 
 or that must issue a separate license before the customer may 
 proceed with the activity.  The employee of the initial agency 
 or responsible agency who accepts the customer's application or 
 inquiry regarding an application shall provide the customer with 
 the employee's name, title, and work telephone number and shall 
 inform the customer that the employee will be available to 
 provide assistance and information as the customer proceeds with 
 the application and awaits the agency's action on it. 

    (b) If the responsible agency determines that another state 
 agency or agencies must act on an application, the responsible 
 agency shall forward all necessary application forms and other 
 required information to the other agency or agencies and shall 
 coordinate with the other agency or agencies in an effort to 
 assure that all action on the application is completed within 
 the time specified in section 15.992. 

    (c) At the request of a customer, the responsible agency 
 shall prepare a written work plan, which is not a binding 
 contract, setting out the steps necessary for the customer to 
 complete the application, the time when the responsible agency 
 may be expected to take action on the application, the steps the 
 responsible agency will take to forward an application or 
 required information to any other state agency or agencies that 
 must take action, and the process by which the other agency or 
 agencies may be expected to act.  The work plan must include 
 information on the deadline for agency action under section 
 15.992 and on the result of agency failure to meet the 
 deadline.  The work plan must be provided to a customer no later 
 than 20 working days after the customer requested the plan. 

    HIST: 1995 c 248 art 19 s 1; 1996 c 305 art 1 s 8 

     15.992 Time limitation. 

    Subdivision 1.    Deadline for action.  Unless a shorter 
 period is provided by law, all state agencies that must act on a 
 customer's application for a license shall take final action on 
 it within 60 days after the customer's submission of a completed 
 application to the responsible agency or within 60 days after 
 the customer has been provided with a work plan under section 
 15.991, subdivision 2, paragraph (c), whichever is later.  If 
 action on the application is not completed within 60 days, the 
 license is deemed to be granted.  The time period specified in 
 this subdivision does not begin to run until the customer has 
 completed any required application in complete, correct form and 
 has provided any additional required information or 
 documentation. 

    Subd. 2.    Longer time limits.  An agency may provide 
 for a longer time for the conclusion of action on an 
 application, by itself and by another agency or agencies, if: 

    (1) the agency states in writing to the customer that a 
 longer time is needed to protect against serious and significant 
 harm to the public health, safety, or welfare, states the reason 
 why, and specifies the additional time needed; 

    (2) the agency states in writing to the customer that a 
 longer time is needed to comply with state or federal 
 requirements, states the requirements, and specifies the 
 additional time needed; or 

    (3) an agency that must take action on an application is a 
 multimember board that meets periodically, in which case the 
 agency must complete its action within 60 days after its first 
 meeting after receipt of the application, or within a longer 
 period established under clause (1) or (2). 

    Subd. 3.    Exclusions.  This section does not apply to 
 an application requiring one or more public hearings or an 
 environmental impact statement or environmental assessment 
 worksheet. 

    Subd. 4.    Compliance.  When a license is deemed 
 granted under subdivision 1, this section does not limit the 
 right of an agency to suspend, limit, revoke, or change a 
 license for failure of the customer to comply with applicable 
 laws or rules. 

    Subd. 5.    Limit on review.  A decision of an agency 
 under subdivision 2 that a time longer than 60 days is needed to 
 complete action on an application is not subject to judicial 
 review. 

    HIST: 1995 c 248 art 19 s 2 

     15.993 Other law. 

    A state agency action that is subject to section 15.99 is 
 governed by section 15.99 if there is a conflict between that 
 section and sections 15.991 and 15.992. 

    HIST: 1995 c 248 art 19 s 3