CHAPTER 15. STATE AGENCIES IN GENERAL
Table of Sections
|15.001||APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.|
DEPARTMENTS, AGENCIES, AND TASK FORCES
|15.01||DEPARTMENTS OF THE STATE.|
|15.012||STATE AGENCIES; DESIGNATION BY TYPE.|
|15.014||ADVISORY TASK FORCES.|
|15.015||Repealed, 1981 c 253 s 48
|15.02||Repealed, 1981 c 253 s 48
|15.03||Repealed, 1981 c 253 s 48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.|
|15.04||Repealed, 1981 c 253 s 48
|15.041||MS 1953 Repealed, 1957 c 806 s 13
|15.0414||Repealed, 1963 c 822 s 4
|15.042||Repealed, 1957 c 806 s 13
|15.0423||Repealed, 1980 c 615 s 61
|15.043||Repealed, 1957 c 806 s 13
|15.044||Repealed, 1957 c 806 s 13
|15.045||Repealed, 1955 c 603 s 4
|15.046||Repealed, 1975 c 61 s 26; 1976 c 149 s 63
|15.048||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
|15.053||USE OF THE NATIONAL GUARD EDUCATION CENTER AT CAMP RIPLEY.|
|15.054||PUBLIC EMPLOYEES NOT TO PURCHASE MERCHANDISE FROM GOVERNMENTAL AGENCIES; EXCEPTIONS; PENALTY.|
|15.055||Repealed, 1977 c 347 s 4
|15.056||Repealed, 1965 c 45 s 73
BOARDS, COUNCILS, COMMITTEES, AND TASK FORCES
|15.0575||ADMINISTRATIVE BOARDS AND AGENCIES.|
|15.058||LICENSING BOARD MEMBERS, COMPENSATION, TERMS, REMOVAL, REPORTS.|
|15.059||ADVISORY COUNCILS AND COMMITTEES.|
|15.0591||REPRESENTATIVE OF OLDER POPULATION.|
|15.0593||AGENCIES CREATED BY EXECUTIVE ORDER.|
|15.0594||COMMISSIONER'S APPROVAL REQUIRED.|
|15.0595||COMPENSATION AND PER DIEM; SOURCE OF FUNDS.|
|15.0596||ADDITIONAL COMPENSATION FROM CONTINGENT FUND PROHIBITED.|
APPOINTMENTS; REGISTRATION OF AGENCIES
|15.0597||APPOINTMENTS TO MULTIMEMBER AGENCIES.|
|15.0598||EXCEPTIONS TO OPEN APPOINTMENTS.|
|15.0599||REGISTRATION OF MULTIMEMBER AGENCIES.|
|15.06||APPOINTMENT OF DEPARTMENT HEADS; TERMS; DEPUTIES.|
|15.061||PROFESSIONAL OR TECHNICAL SERVICES.|
|15.063||BIENNIAL REPORTS; SUBMISSION.|
|15.065||Repealed, 1997 c 98 s 17
|15.066||CONFIRMATION OF APPOINTMENTS.|
|15.07||Repealed, 1996 c 310 s 1
|15.08||COMMISSIONERS OF FINANCE AND ADMINISTRATION; ACCESS TO RECORDS.|
|15.082||OBLIGATIONS OF PUBLIC CORPORATIONS.|
|15.09||Repealed, 1996 c 310 s 1
|15.10||RECORDS DELIVERED TO DEPARTMENT HEADS.|
|15.11||Repealed, 1961 c 561 s 17
|15.12||Repealed, 1961 c 561 s 17
|15.13||Repealed, 1976 c 2 s 3
|15.14||Repealed, 1996 c 310 s 1
|15.15||Repealed, 1996 c 310 s 1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.|
|15.161||ACCEPTANCE OF FEDERAL LANDS OR BUILDINGS; CONSULTATION WITH LEGISLATIVE COMMITTEES.|
|15.163||Renumbered 13.05, subds 1-9
|15.164||Repealed, 1975 c 401 s 9
|15.1641||Repealed, 1979 c 328 s 24
|15.1643||Renumbered 13.05, subd 10
|15.1675||Renumbered 13.70, subdivision 1
|15.168||Repealed, 1975 c 401 s 9
|15.1683||Renumbered 13.72, subdivision 1
|15.169||Repealed, 1979 c 328 s 24
|15.1696||Renumbered 13.82, subd 6
|15.1699||Renumbered 13.43, subd 7
|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.|
|15.19||Repealed, 1969 c 265 s 2
|15.191||IMPREST CASH FUNDS.|
|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.|
|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
|15.38||NONINSURANCE OF STATE PROPERTY; EXCEPTIONS.|
|15.39||EMPLOYMENT AND ECONOMIC DEVELOPMENT DEPARTMENT BUILDINGS.|
|15.40||LACK OF CARE IN KEEPING PROPERTY SAFE FROM FIRE LOSS, NONFEASANCE IN OFFICE.|
|15.41||CONSTRUCTION PERMITS, REQUISITES.|
|15.411||PUBLIC WORKS CONTRACTS; NO DAMAGES FOR DELAY CLAUSES.|
|15.415||CORRECTIONS IN TRANSACTIONS, WAIVER.|
|15.43||ACCEPTANCE OF ADVANTAGE BY STATE EMPLOYEE; PENALTY.|
|15.435||AIRLINE TRAVEL CREDIT.|
|15.44||AIDS FOR DISABLED PERSONS AT STATE MEETINGS.|
PREVENTIVE HEALTH SERVICES
|15.46||PREVENTIVE HEALTH SERVICES FOR STATE AND COUNTY EMPLOYEES.|
|15.47||Repealed, 1987 c 186 s 16
COSTS AND ATTORNEY FEES
|15.472||FEES AND EXPENSES; CIVIL ACTION OR CONTESTED CASE PROCEEDING INVOLVING STATE.|
|15.473||PAYMENT OF COSTS AND FEES.|
|15.474||PROCEDURE FOR AWARD OF FEES; CONTESTED CASE.|
|15.475||Repealed, 1997 c 7 art 2 s 67
|15.51||DECLARATION OF POLICY.|
|15.53||AUTHORITY TO INTERCHANGE EMPLOYEES.|
|15.54||STATUS OF EMPLOYEES OF THIS STATE.|
|15.55||TRAVEL EXPENSES OF EMPLOYEES OF THIS STATE.|
|15.56||STATUS OF EMPLOYEES OF OTHER GOVERNMENTS.|
|15.57||TRAVEL EXPENSES OF EMPLOYEES OF OTHER GOVERNMENTS.|
|15.58||AGREEMENTS BETWEEN FEDERAL AND RECEIVING AGENCIES.|
|15.59||EMPLOYEE INTERCHANGE BETWEEN STATE AND PRIVATE INDUSTRY.|
|15.60||PUBLIC SAFETY OFFICERS; AMERICAN FLAG.|
|15.61||UNEMPLOYED AND UNDEREMPLOYED; EMPLOYMENT BY STATE AND OTHER GOVERNMENTAL UNITS.|
|15.62||ATHLETIC LEAVE OF ABSENCE.|
|15.71||PUBLIC CONTRACTS; SECURITY FOR COMPLETION OF PERFORMANCE; DEFINITIONS.|
|15.72||PROGRESS PAYMENTS ON PUBLIC CONTRACTS; RETAINAGE.|
|15.73||ALTERNATIVE FORM OF RETAINAGE.|
|15.74||EXCEPTIONS TO APPLICATION.|
|15.75||CONTRACTS WITH REGIONAL ORGANIZATIONS.|
|15.771||Renumbered 13.69, subdivision 1
|15.779||Renumbered 13.70, subd 2
|15.792||Renumbered 13.69, subd 2
|15.793||Repealed, 1996 c 310 s 1
|15.805||Renumbered 13.72, subd 2
|15.85||DISCIPLINE FOR RACIAL HARASSMENT.|
|15.86||STATE AGENCY ACTIONS.|
|15.87||VICTIMS OF VIOLENCE.|
|15.90||Repealed, 1999 c 250 art 1 s 115
|15.91||Repealed, 1999 c 250 art 1 s 115
|15.92||Repealed, 1999 c 250 art 1 s 115
|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.|
|15.98||INDOOR ICE FACILITIES.|
AGENCY SERVICE REQUIREMENTS
|15.99||TIME DEADLINE FOR AGENCY ACTION.|
|15.994||INTERNET GRANT INFORMATION.|
|15.995||15.995 HISTORIC PUBLICLY OWNED BUILDINGS.|
15.001 APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
State agencies shall use the terminology changes specified in Laws 2005, chapter 56, section
1, when printed material and signage are replaced and new printed material and signage are
obtained. State agencies do not have to replace existing printed material and signage to comply
with Laws 2005, chapter 56, sections 1 and 2. Language changes made according to Laws 2005,
chapter 56, sections 1 and 2, shall not expand or exclude eligibility to services.
History: 2005 c 56 s 3
DEPARTMENTS, AGENCIES, AND TASK FORCES
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
(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."
History: 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
, 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
. 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.[Repealed, 1Sp2003 c 9 art 10 s 14
History: 1976 c 149 s 4; 1977 c 163 s 1; 1984 c 544 s 1; 1986 c 444; 1998 c 398 art 5 s 55
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
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.
History: 1981 c 253 s 2; 1983 c 289 s 1; 1987 c 386 art 5 s 1; 1995 c 264 art 2 s 1
, subds 1-3 and
14.07 subd 5
14.05, subd 4
, subds 2,4]
14.14, subdivision 1
Subd. 4a.[Repealed, 1981 c 253 s 48
14.14, subd 2
, subds 1-4]
14.14, subd 3
14.11, subdivision 1
14.11, subd 2
14.38, subdivision 1
14.38, subd 2
14.38, subd 3
14.38, subd 4
, subds 5-9]
14.38, subd 10
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
, subds 1-4]
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
History: 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
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 at any
one auction. 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.
History: 1977 c 347 s 5; 1986 c 444; 1998 c 386 art 1 s 1; 2004 c 262 art 1 s 1; 2005 c
156 art 2 s 11
15.057 PUBLICITY REPRESENTATIVES.
No state department, bureau, or division, whether the same operates on funds appropriated
or receipts or fees of any nature whatsoever, except the Department of Transportation, the
Department of Employment and Economic Development, the Game and Fish Division, State
Agricultural Society, and Explore Minnesota Tourism shall use any of such funds for the payment
of the salary or expenses of a publicity representative. The head of any such department, bureau,
or division shall be personally liable for funds used contrary to this provision. This section shall
not be construed, however, as preventing any such department, bureau, or division from sending
out any bulletins or other publicity required by any state law or necessary for the satisfactory
conduct of the business for which such department, bureau, or division was created.
History: 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; 1Sp2003 c 4 s 1; 2004 c 171
s 1; 2004 c 206 s 3
BOARDS, COUNCILS, COMMITTEES, AND TASK FORCES
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
. 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.
(a) Members of the boards may 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
. 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.
(b) Members who are state employees or employees of the political subdivisions of the state
must not receive the daily payment for activities that occur during working hours for which they
are compensated by the state or political subdivision. However, a state or political subdivision
employee may receive the daily payment if the employee uses vacation time or compensatory
time accumulated in accordance with a collective bargaining agreement or compensation plan for
board activities. Members who are state employees or 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 working hours.
(c) Each board must adopt internal standards prescribing what constitutes a day spent on
board activities for purposes of making daily payments under this subdivision.
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.
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.
History: 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; 2001 c 61 s 1; 1Sp2001 c 10 art 2 s 16
15.058 LICENSING BOARD MEMBERS, COMPENSATION, TERMS, REMOVAL,
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
History: 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
. 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.
(a) Members of the advisory councils and committees may 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.
(b) Members who are state employees or employees of political subdivisions must not
receive the daily compensation for activities that occur during working hours for which they
are compensated by the state or political subdivision. However, a state or political subdivision
employee may receive the daily payment if the employee uses vacation time or compensatory
time accumulated in accordance with a collective bargaining agreement or compensation plan for
council or committee activity. Members who are state employees or 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 working hours.
(c) Each council and committee must adopt internal standards prescribing what constitutes
a day spent on council or committee activities for purposes of making daily payments under
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 expires on the date specified in the law establishing the
group or on June 30, 2003, 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.
Subd. 5a.[Repealed, 2001 c 161 s 58
Subd. 5b. Continuation dependent on federal law.
Notwithstanding this section, the
following councils and committees do not expire unless federal law no longer requires the
existence of the council or committee:
(1) Rehabilitation Council for the Blind, created in section
(2) Juvenile Justice Advisory Committee, created in section
(3) Governor's Workforce Development Council, created in section
(4) local workforce councils, created in section
116L.666, subdivision 2
(5) Rehabilitation Council, created in section
268A.02, subdivision 2
(6) Statewide Independent Living Council, created in section
268A.02, subdivision 2
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
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.
History: 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; 1999 c 86 art 1 s 6; 1999 c 139 art 4 s 2; 1999 c 216 art 2 s 28;
1999 c 241 art 10 s 8; 1999 c 245 art 2 s 1; 2000 c 445 art 2 s 3; 2001 c 61 s 2; 2001 c 161 s
2,54; 1Sp2001 c 10 art 2 s 17; 2004 c 206 s 52
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 and Domestic Abuse;
(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) Council on Disability;
(8) Council on Affairs of Chicano/Latino People;
(9) Council on Black Minnesotans;
(10) Dentistry Board;
(11) Minnesota Office of Higher Education;
(12) Housing Finance Agency;
(13) Indian Advisory Council on Chemical Dependency;
(14) Medical Practice Board;
(15) Minnesota State Arts Board;
(16) Nursing Board;
(17) Optometry Board;
(18) Pharmacy Board;
(19) Board of Physical Therapy;
(20) Podiatry Board;
(21) Psychology Board.
History: 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;
2000 c 260 s 6; 2000 c 445 art 2 s 4; 2002 c 220 art 10 s 28; 2004 c 206 s 4; 2004 c 228 art 1 s
11; 2005 c 10 art 1 s 9; 2005 c 107 art 2 s 60
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
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.
History: 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
without written approval of the commissioner of the Department of Employee Relations.
History: 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
shall be appropriations or funds otherwise available to the agencies. The
source of payment of per diems and expenses for agencies governed by section
appropriations or funds otherwise available to the appointing authority of agency members.
History: 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
Every person offending against the provisions of this section shall be guilty of a misdemeanor.
History: (127,128) 1909 c 395 s 1,2; 1971 c 23 s 1; 1973 c 492 s 14; 1986 c 444
APPOINTMENTS; REGISTRATION OF AGENCIES
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
, 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, in an
electronic format 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
(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, electronic mail 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 require 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 on the Web site of the
secretary of state of the compiled data from all agencies on or about October 15 of each year. The
compilation must be electronically delivered to the governor and the legislature. Paper 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 by
electronic means 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 electronic 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 electronic notification to the secretary of all vacancies in the new agency
within 15 days after the creation of the agency. The secretary may require the submission of
notices required by this subdivision by electronic means. The secretary shall publish monthly
on the Web site of the secretary of state 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 or electronic means copies of the listings to requesting persons.
The listing for all vacancies scheduled to occur in the month of January shall be published on
the Web site of the secretary of state 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 by electronic means 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
on the application form to the nomination. The application form shall specify the nominee's name,
mailing address, electronic mail address, telephone number, preferred agency position sought, a
statement that the nominee satisfies any legally prescribed qualifications, a statement whether
the applicant has ever been convicted of a felony, 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 on the Web site of the secretary of state pursuant to subdivision 4, the secretary shall
submit electronic 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 electronic 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 by electronic means 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 in an electronic format 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.
History: 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; 2004 c 293 art 2 s 2-7
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.
History: 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
, other multimember agency,
however designated, established by statute or order and having statewide jurisdiction;
(2) the Metropolitan Council established by section
, 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
(1) the name, mailing address, electronic mail 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
(5) the roster of current members, including mailing addresses, electronic mail 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
(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
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 electronic forms for the reporting of information required by
this subdivision and may require 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
Subd. 6. Electronic publication.
Any material that under sections
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.
History: 1994 c 480 s 5; 1997 c 192 s 5-9; 1997 c 202 art 2 s 11; 2004 c 293 art 2 s 8
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, Education, Employee
Relations, Employment and Economic Development, Finance, Health, Human Rights, Labor
and Industry, Natural Resources, Public Safety, 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
Subd. 1a. Application to Office of Enterprise Technology.
For the purposes of this section,
references to "commissioner" include the chief information officer of the Office of Enterprise
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
(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
. 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
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.
History: (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; 1Sp2001 c 4
art 6 s 5; 2003 c 130 s 12; 1Sp2003 c 4 s 1; 2004 c 206 s 5; 2005 c 156 art 5 s 2
15.061 PROFESSIONAL OR TECHNICAL SERVICES.
In accordance with sections
, 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.
History: 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
History: Ex1971 c 3 s 63
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
, 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
, the appointing authority shall provide the senate with a copy of the application provided
, at the time the letter of appointment is directed to the president of the
(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.
History: 1983 c 305 s 10; 1997 c 202 art 2 s 63
15.08 COMMISSIONERS OF FINANCE AND ADMINISTRATION; ACCESS TO
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.
History: (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.
History: 1990 c 594 art 1 s 41
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.
History: (53-1k) 1939 c 431 art 8 s 10; 1986 c 444
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 to transfer funds.
The commissioner of finance is
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 Ways and Means Committee
and obtaining their recommendations. The recommendations are advisory only. Failure to obtain a
prompt recommendation is deemed a negative recommendation.
History: 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; 2003 c 112 art 2 s 50; 2004 c 284 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.
History: 1973 c 720 s 60; 1986 c 444; 1993 c 4 s 8
Subdivision 1.[Renumbered 13.0, subdivision 1]
Subd. 1a.[Repealed, 1981 c 311 s 40
13.02, subd 2
13.02, subd 3
13.02, subd 5
13.02, subd 4
13.02, subd 8
13.02, subd 11
13.02, subd 12
13.02, subd 15
13.02, subd 9
13.02, subd 13
13.02, subd 14
13.02, subd 16
13.02, subd 17
13.02, subd 18
13.02, subd 19
13.02, subd 6
13.02, subd 7
13.02, subd 10
, subds 1-9]
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. Government records may
be produced in the form of computerized records. 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
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,
photostats, 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
. Photographs, photostats, 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,
computer-based data, 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
History: 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; 1999 c 227 s 11,12
15.18 DISTRIBUTION OF PUBLICATIONS.
Except as provided in sections
3C.12, subdivision 2
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.
History: 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
15.185 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.
History: 1982 c 562 s 3
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
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.
History: 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
15.31 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.
History: 1953 c 676 s 1
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
, 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
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.
History: (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 EMPLOYMENT AND ECONOMIC DEVELOPMENT DEPARTMENT
Subdivision 1. Insurance.
Notwithstanding other law to the contrary, the commissioner of
the Department of Employment and Economic Development 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 Employment and Economic Development.
Subd. 2. Requisition authority.
The commissioner is authorized to requisition from
the 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.
History: 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; 2004 c 206 s 52; 2005 c 10 art 1 s 10
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.
History: (3602) 1919 c 256 s 4
15.41 CONSTRUCTION PERMITS, REQUISITES.
Subdivision 1. Names on permit.
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. Posting.
All construction permits shall be posted in a conspicuous and accessible
place at the premises or site of construction.
History: 1957 c 125 s 1,2
15.411 PUBLIC WORKS CONTRACTS; NO DAMAGES FOR DELAY CLAUSES.
Subdivision 1. Definition.
As used in this section, the term "public works contract" means a
contract of the state, or a county, city, town, school district, special district, or any other political
subdivision of the state, for the construction, alteration, repair, addition to, subtraction from,
improvement to, or maintenance of any building, structure, highway, bridge, viaduct, pipeline,
railway, public works, or any other works dealing with construction. The term includes, but
is not limited to, moving, demolition, or excavation performed in conjunction with the work
specified in this subdivision.
Subd. 2. Unenforceability.
Any clause in a public works contract that waives, releases,
or extinguishes the rights of a contractor to seek recovery for costs or damages, or seek an
equitable adjustment, for delays, disruption, or acceleration in performing the contract is void
and unenforceable if the delay, disruption, or acceleration is caused by acts of the contracting
public entity or persons acting on behalf of the public entity for which the public entity is
Subd. 3. Severability.
When a contract contains a provision that is void and unenforceable
under subdivision 2, that provision must be severed from the other provisions of the contract to
the extent that it is void and unenforceable. The fact that the provision is void and unenforceable
does not affect the other provisions of the contract.
Subd. 4. Scope and effect.
Subdivision 2 does not make void and unenforceable any contract
provision of a public works contract that:
(1) requires notice of any delay, disruption, or acceleration by the party affected thereby;
(2) provides for reasonable liquidated damages; or
(3) provides for arbitration or any other procedure designed to settle contract disputes.
History: 2002 c 299 s 1
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.
History: 1971 c 390 s 1; 1995 c 254 art 1 s 41
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.
History: 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.
History: 1992 c 592 s 20
15.44 AIDS FOR DISABLED PERSONS 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 disabled 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 disabled" 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.
History: 1980 c 574 s 8; 1984 c 544 s 89; 1996 c 395 s 18; 2005 c 56 s 1
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
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.
History: 1Sp1985 c 17 s 1; 1997 c 7 art 3 s 2
PREVENTIVE HEALTH SERVICES
Subdivision 1. Scope.
For the purposes of this section and section
, the terms defined in
this section have the meanings given them.
Subd. 2. Preventive health services.
"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
History: 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.
History: 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
COSTS AND ATTORNEY FEES
Subdivision 1. Terms defined.
For purposes of this section and sections
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
, 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,
(1) filing fees;
(2) subpoena fees and mileage;
(3) transcript costs and court reporter fees;
(4) expert witness fees;
(5) the reasonable cost of any study, analysis, engineering report, test, or project;
(6) photocopying and printing costs;
(7) postage and delivery costs; and
(8) 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 state.
(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 $125 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
(1) an unincorporated business, partnership, corporation, association, or organization,
having not more than 500 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 $7,000,000 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
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.
History: 1986 c 377 s 1; 1988 c 469 art 1 s 1; 1997 c 7 art 2 s 69; 2000 c 439 s 1-3
15.472 FEES AND EXPENSES; CIVIL ACTION OR CONTESTED CASE PROCEEDING
(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) A party seeking an award of fees and other expenses shall, within 30 days of final
judgment in the action, submit to the court or administrative law judge an application of fees and
other expenses which shows that the party is a prevailing party and is eligible to receive an award,
and the amount sought, including an itemized statement from any attorney or expert witness
representing or appearing on behalf of the party stating the actual time expended and the rate at
which fees and other expenses were computed. The party shall also allege that the position of the
state was not substantially justified.
(c) 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.
(d) This section does not preclude a party from recovering costs, disbursements, fees, and
expenses under other applicable law.
History: 1986 c 377 s 2; 1988 c 469 art 1 s 1; 2000 c 439 s 4
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
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
must be paid by the agency over which the party prevails
from funds of the agency.
History: 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
, 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
the court shall include in that award fees and expenses to the extent authorized in section
(b) Fees and expenses awarded under this subdivision may be paid in accordance with
15.473, subdivision 2
History: 1986 c 377 s 4; 1988 c 469 art 1 s 1
, subds 1,3,4]
, subds 5,6;
, subds 1-7;
, subds 1,2,4;
; paragraph (o) renumbered
16B.24, subd 5a
15B.03, subd 2
15B.03, subd 7
Subd. 4.[Repealed, 1974 c 580 s 18
Subd. 5.[Repealed, 1996 c 463 s 61
Subd. 8.[Repealed, 1974 c 580 s 18
15B.15, subd 3
15B.05, subd 8
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.
History: Ex1967 c 46 s 1
Subdivision 1. Application.
For the purposes of sections
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
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
History: 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
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
. 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
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.
History: 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
considered during such participation to be on detail to regular work assignments of the sending
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.
History: 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
History: 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
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
. 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
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
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.
History: 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
during the period of
such assignments on the same basis as if they were regular employees of the receiving agency.
History: Ex1967 c 46 s 7; 1985 c 248 s 70
15.58 AGREEMENTS BETWEEN FEDERAL AND RECEIVING AGENCIES.
Notwithstanding the provisions of sections
, 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
History: 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
, and interchange employees pursuant to the
requirements of sections
History: 1974 c 320 s 1
15.60 PUBLIC SAFETY OFFICERS; AMERICAN FLAG.
(a) A public employer may not forbid a peace officer or firefighter from wearing a patch or
pin depicting the flag of the United States of America on the employee's uniform, according to
customary and standard flag etiquette. However, a public employer may limit the size of a flag
patch worn on a uniform to no more than three inches by five inches.
(b) For purposes of this section:
(1) "peace officer" has the meaning given in section
626.84, subdivision 1
, paragraph (c)
(2) "firefighter" means a person as defined in section
299A.41, subdivision 4
, clause (3)
or (4); and
(3) "public employer" has the meaning given in section
179A.03, subdivision 15
, and also
includes a municipal fire department and an independent nonprofit firefighting corporation.
(c) A peace officer or firefighter who believes a public employer is violating this section may
request the attorney general to issue an opinion on the issue. Upon request, the attorney general
must issue a written opinion, which is binding, unless a court makes a contrary decision. If after
issuing an opinion, the attorney general determines that a public employer continues to violate
this section, the attorney general may bring an action in district court to compel compliance.
History: 2005 c 156 art 2 s 12
15.61 UNEMPLOYED AND UNDEREMPLOYED; EMPLOYMENT BY STATE AND
OTHER GOVERNMENTAL UNITS.
Subdivision 1. Employment.
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. Preference provisions.
The provisions of Minnesota Statutes 1969, sections
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.
History: 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. Definitions.
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
(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. Public employee.
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, may 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. Political subdivision employee.
If the public employee granted the leave is an
employee of a school district, university system or other political subdivision, the employer is
responsible for the actual cost of employing a substitute.
History: 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; 2003 c 112 art 1 s 1,2
15.71 PUBLIC CONTRACTS; SECURITY FOR COMPLETION OF PERFORMANCE;
Subdivision 1. Scope.
For the purposes of sections
unless the context clearly
indicates otherwise, the terms defined in this section have the meanings given them.
Subd. 2. Public contract.
"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.
"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
Subd. 4. Public improvement.
"Public improvement" means any construction of
improvements on real property or highways by or for a public agency.
Subd. 5. Retainage.
"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
History: 1980 c 464 s 1
15.72 PROGRESS PAYMENTS ON PUBLIC CONTRACTS; RETAINAGE.
Subdivision 1. Monthly payments.
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. Retainage.
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.
History: 1980 c 464 s 2
15.73 ALTERNATIVE FORM OF RETAINAGE.
Subdivision 1. Contractor's option.
At the option of the contractor, retainage shall be paid
to the contractor in accordance with this section.
Subd. 2. Security.
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. Approval required.
Bonds and securities deposited or acquired in lieu of retainage,
as permitted by subdivision 2, shall be of a character approved by the commissioner of finance,
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. Recovery of additional costs.
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.
History: 1980 c 464 s 3; 2003 c 112 art 2 s 50
15.74 EXCEPTIONS TO APPLICATION.
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
History: 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
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
regional development commission established under section
shall perform the services.
(b) If a service delivery area contains more than one region designated under section
, 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 Employment and Economic Development.
The commissioner of employment and economic development may enter into agreements with
regional entities established under subdivision 4 to prepare plans to ensure coordination of
the department's business development, community development, and trade 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.
History: 1993 c 139 s 1; 1996 c 369 s 12; 1Sp2003 c 4 s 1; 2004 c 171 s 2
13.82, subdivision 1
13.82, subd 2
13.82, subd 3
13.82, subd 4
13.82, subd 5
13.82, subd 7
13.82, subd 8
13.82, subd 9
13.82, subd 10
13.82, subd 11
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.
History: 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
, 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
363A.03, subdivision 43
(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,
(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
History: 1992 c 452 s 2
15.87 VICTIMS OF VIOLENCE.
In furtherance of the state policy of zero tolerance for violence in section
, 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 parenting time or independent, neutral exchange locations for parenting
time, when needed;
(iii) age appropriate counseling and support; and
(iv) assistance with legal remedies, medical care, and needed social services.
History: 1996 c 408 art 7 s 1; 2000 c 444 art 2 s 1
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 postsecondary educational institutions in the state, Minnesota Technology,
Inc., the Department of Employment 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
History: 1994 c 632 art 3 s 22; 1Sp2003 c 4 s 1
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.
History: 1994 c 632 art 3 s 23
AGENCY SERVICE REQUIREMENTS
15.99 TIME DEADLINE FOR AGENCY ACTION.
Subdivision 1. Definitions.
(a) For purposes of this section, the following terms shall have
the meanings given.
(b) "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.
(c) "Request" means a written application related to zoning, septic systems, watershed
district review, soil and water conservation district review, or the expansion of the metropolitan
urban service area, for a permit, license, or other governmental approval of an action. A request
must be submitted in writing to the agency on an application form provided by the agency, if one
exists. The agency may reject as incomplete a request not on a form of the agency if the request
does not include information required by the agency. A request not on a form of the agency must
clearly identify on the first page the specific permit, license, or other governmental approval being
sought. No request shall be deemed made if not in compliance with this paragraph.
(d) "Applicant" means a person submitting a request under this section. An applicant may
designate a person to act on the applicant's behalf regarding a request under this section and any
action taken by or notice given to the applicant's designee related to the request shall be deemed
taken by or given to the applicant.
Subd. 2. Deadline for response.
(a) Except as otherwise provided in this section, section
462.358, subdivision 3b
, or chapter 505, 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, watershed district review, soil and water conservation district review, 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.
(b) When a vote on a resolution or properly made motion to approve a request fails for any
reason, the failure shall constitute a denial of the request provided that those voting against the
motion state on the record the reasons why they oppose the request. A denial of a request because
of a failure to approve a resolution or motion does not preclude an immediate submission of
a same or similar request.
(c) Except as provided in paragraph (b), if an agency, other than a multimember governing
body, denies the request, it must state in writing the reasons for the denial at the time that it denies
the request. If a multimember governing body denies a request, it must state the reasons for denial
on the record and provide the applicant in writing a statement of the reasons for the denial. If
the written statement is not adopted at the same time as the denial, it must be adopted at the
next meeting following the denial of the request but before the expiration of the time allowed
for making a decision under this section. The written statement must be consistent with the
reasons stated in the record at the time of the denial. The written statement must be provided to
the applicant upon adoption.
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, including the applicable application fee. 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 written notice within 15 business days of receipt of the request
telling the requester what information is missing.
(b) If a request relating to zoning, septic systems, watershed district review, soil and water
conservation district review, 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.
(g) An applicant may by written notice to the agency request an extension of the time limit
under this section.
History: 1995 c 248 art 18 s 1; 1996 c 283 s 1; 2003 c 41 s 1; 2006 c 226 s 1
15.991 CUSTOMER SERVICE.
Subdivision 1. Definitions.
For purposes of this section and section
(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
, 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
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
(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
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.
History: 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
, 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)
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.
History: 1995 c 248 art 19 s 2
15.994 INTERNET GRANT INFORMATION.
A state agency with an Internet site must provide information on grants available through the
agency and must provide a link to any grant application under section
History: 2000 c 332 s 1; 2005 c 156 art 5 s 23
15.995 HISTORIC PUBLICLY OWNED BUILDINGS.
A city located within 150 miles of the Minnesota State Capitol that has a population,
according to the 2000 census, of more than 7,000 and less than 8,000 and is located in a county
that has a population according to that census of more than 31,000 and less than 32,000 must
not sell, lease, or contract property it owns that is listed on the National Register of Historic
Places, unless the political subdivision first:
(1) notifies the Minnesota Historical Society and waits at least two years, during which
the political subdivision must request of and receive from the Historical Society a study of the
best use of the property in order to ascertain and preserve the historical value of the property
and ensure public use; and
(2) requests of and receives from the Department of Administration an inventory and
appraisal of the affected real and personal property to determine its value.
The Department of Administration and the Minnesota Historical Society must jointly
report their findings to the chairs and ranking minority members of legislative committees
with jurisdiction over state government finance. The requesting political subdivision must pay
the Minnesota Historical Society and the Department of Administration for services provided
under this section.
History: 2006 c 236 art 1 s 1; 2006 c 248 s 1