piers109uk/MN-Statutes huggingface dataset:
15.75 CONTRACTS WITH REGIONAL ORGANIZATIONS.
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.
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.
For the purposes of this section, the service delivery areas of the system are the challenge grant regions designated under section 116J.415, subdivision 2.
(a) The system of regional organizations that may provide services for state agencies in service delivery areas are as established in paragraphs (b) to (e).
(b) If a service delivery area is identical to the region designated under section 462.385, the regional development commission established under section 462.387 shall perform the services.
(c) If a service delivery area contains more than one region designated under section 462.385, services must be performed on the basis of contractual agreements among all regional development commissions in the service delivery area.
(d) 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.
(e) 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.
(f) 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.
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, workforce 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.
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.
15.86 STATE AGENCY ACTIONS.
In furtherance of the state policy in section 1.50, by January 1, 1993, each house of the legislature, each state agency, and each public corporation created in statute must adopt a goal of zero tolerance of violence. Each agency is encouraged to develop a plan that describes how the agency will:
(1) seek to eliminate any potential for violence in and around the agency workplace; and
(2) seek to eliminate any potential for violence by affecting the attitudes and behavior of people that the agency serves or regulates.
Agency statements and any plans must be filed with the Legislative Reference Library, where they will be available for public inspection.
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; and
(2) assuring that areas in and around the workplace, such as parking facilities and areas between the workplace and parking facilities, are designed and operated in a manner that provides for the safety of employees and guests.
An agency plan for eliminating violence by affecting attitudes and behavior of persons that the agency serves or regulates may include, but is not limited to, the following:
(1) educational programs;
(2) incorporating the policy of zero tolerance of violence into the agency's direct service and regulatory programs; and
(3) attempting to assure that persons and businesses receiving grants from or providing goods or services to the agency adopt zero tolerance of violence policies.
This section does not create any civil liability on the part of the state of Minnesota.
15.87 VICTIMS OF VIOLENCE.
In furtherance of the state policy of zero tolerance for violence in section 1.50, the state shall have a goal of providing:
(1) every victim of violence in Minnesota, regardless of the county of residence, access to necessary services, including, but not limited to:
(i) crisis intervention services, including a 24-hour emergency telephone line;
(ii) safe housing;
(iii) counseling and peer support services; and
(iv) assistance in pursuing legal remedies and appropriate medical care; and
(2) every child who is a witness to abuse or who is a victim of violence, access to necessary services, including, but not limited to:
(i) crisis child care;
(ii) safe supervised 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.
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, Enterprise Minnesota, 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 their users.
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.
15.991 CUSTOMER SERVICE.
For purposes of this section and section 15.992:
(1) "business license" or "license" has the meaning given it in section 116J.70, subdivision 2;
(2) "customer" means an individual; a small business as defined in section 645.445, but also including a nonprofit corporation that otherwise meets the criteria in that section; a family farm, family farm corporation, or family farm partnership as defined in section 500.24, subdivision 2; or a political subdivision as defined in section 103G.005, subdivision 14b;
(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.
(a) When a customer applies to a state agency for a license to engage in activity, the agency is responsible for providing the customer with information the customer needs from the state to complete the application, including information on any other agency or agencies that must take action before the license may be granted or that must issue a separate license before the customer may proceed with the activity. The employee of the initial agency or responsible agency who accepts the customer's application or inquiry regarding an application shall provide the customer with the employee's name, title, and work telephone number and shall inform the customer that the employee will be available to provide assistance and information as the customer proceeds with the application and awaits the agency's action on it.
(b) If the responsible agency determines that another state agency or agencies must act on an application, the responsible agency shall forward all necessary application forms and other required information to the other agency or agencies and shall coordinate with the other agency or agencies in an effort to assure that all action on the application is completed within the time specified in section 15.992.
(c) At the request of a customer, the responsible agency shall prepare a written work plan, which is not a binding contract, setting out the steps necessary for the customer to complete the application, the time when the responsible agency may be expected to take action on the application, the steps the responsible agency will take to forward an application or required information to any other state agency or agencies that must take action, and the process by which the other agency or agencies may be expected to act. The work plan must include information on the deadline for agency action under section 15.992 and on the result of agency failure to meet the deadline. The work plan must be provided to a customer no later than 20 working days after the customer requested the plan.
15.992 TIME LIMITATION.
Unless a shorter period is provided by law, all state agencies that must act on a customer's application for a license shall take final action on it within 60 days after the customer's submission of a completed application to the responsible agency or within 60 days after the customer has been provided with a work plan under section 15.991, subdivision 2, paragraph (c), whichever is later. If action on the application is not completed within 60 days, the license is deemed to be granted. The time period specified in this subdivision does not begin to run until the customer has completed any required application in complete, correct form and has provided any additional required information or documentation.
An agency may provide for a longer time for the conclusion of action on an application, by itself and by another agency or agencies, if:
(1) the agency states in writing to the customer that a longer time is needed to protect against serious and significant harm to the public health, safety, or welfare, states the reason why, and specifies the additional time needed;
(2) the agency states in writing to the customer that a longer time is needed to comply with state or federal requirements, states the requirements, and specifies the additional time needed; or
(3) an agency that must take action on an application is a multimember board that meets periodically, in which case the agency must complete its action within 60 days after its first meeting after receipt of the application, or within a longer period established under clause (1) or (2).
This section does not apply to an application requiring one or more public hearings or an environmental impact statement or environmental assessment worksheet.
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.
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.
15.993 OTHER LAW.
A state agency action that is subject to section 15.99 is governed by section 15.99 if there is a conflict between that section and sections 15.991 and 15.992.
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 16E.20.
15A.01 AMOUNT.
The yearly salaries of the state officers and employees mentioned in this chapter shall be as herein fixed subject to the provisions of section 16A.17.
The salaries provided in this chapter for the officers and employees named herein shall be in full payment for all services that may be rendered by them either in the performance of their regular or special duties or while acting as a member or employee of any state board or commission.
All fees of any nature collected by any officer or employee named in this chapter in the performance of official duties for the state shall be paid into the state treasury.
15B.01 PURPOSES OF THE BOARD.
The purposes of the Capitol Area Architectural and Planning Board are:
(1) to preserve and enhance the dignity, beauty, and architectural integrity of the Capitol, the buildings immediately adjacent to it, the Capitol grounds, and the Capitol Area;
(2) to protect, enhance, and increase the open spaces within the Capitol Area when considered necessary and desirable to improve the public enjoyment of them;
(3) to develop proper approaches to the Capitol Area for pedestrians, the highway system, and mass transit system so that the area achieves its maximum importance and accessibility; and
(4) to establish a flexible framework for growth of the Capitol buildings in keeping with the spirit of the original design.
15B.02 BOUNDARY OF CAPITOL AREA.
(a) The Capitol Area is that part of the city of St. Paul inside the boundary described in paragraph (b).
(b)(1) Beginning at the point of intersection of the center line of Pennsylvania Avenue and the center line of Marion Street;
(2) then go southerly along the center line of Marion Street and its extension to a point 50 feet southerly of the south curb of Concordia Avenue;
(3) then, southeasterly along a line 50 feet southerly of, and parallel with, the south curb of Concordia Avenue to a point 125 feet westerly of the west curb of southbound John Ireland Boulevard;
(4) then, southwesterly along a line 125 feet westerly of, and parallel with, the west curb of southbound John Ireland Boulevard to the south curb of Dayton Avenue;
(5) then, easterly along the south curb of Dayton Avenue to the west curb of southbound John Ireland Boulevard;
(6) then, northeasterly in a straight line to the intersection of the center line of Old Kellogg Boulevard and the center line of Summit Avenue;
(7) then, northeasterly along the center line of Summit Avenue to the center line of eastbound new West Kellogg Boulevard;
(8) then, southeasterly along the center line of eastbound and then, southbound new West Kellogg Boulevard to the easterly right-of-way line of Interstate Highway 35-E;
(9) then, northeasterly along the easterly right-of-way line of Interstate Highway 35-E to the southerly right-of-way line of Interstate Highway 94;
(10) then, easterly along the southerly right-of-way line of Interstate Highway 94 to the west curb of St. Peter Street;
(11) then, southeasterly along the west curb of St. Peter Street to the south curb of Exchange Street;
(12) then, northeasterly along the south curb of Exchange Street to the west curb of Cedar Street;
(13) then, northwesterly along the west curb of Cedar Street to the center line of Tenth Street;
(14) then, northeasterly along the center line of Tenth Street to the center line of Minnesota Street;
(15) then, northwesterly along the center line of Minnesota Street to the center line of Eleventh Street;
(16) then, northeasterly along the center line of Eleventh Street to the center line of Jackson Street;
(17) then, northerly along the center line of Jackson Street to the center line of Pennsylvania Avenue;
(18) then, westerly along the center line of Pennsylvania Avenue and its extension to the point of beginning.
15B.03 CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD.
(a) The Capitol Area Architectural and Planning Board, called the board or the CAAPB in this chapter, has 12 members.
(b) The lieutenant governor is a member.
(c) The governor must appoint four members.
(d) The mayor of St. Paul must appoint three members with the advice and consent of the city council. One of the mayor's appointees must be a resident of the planning council district that includes the Capitol Area.
(e) The speaker of the house must appoint two members of the house of representatives and the president of the senate must appoint two senators.
(f) Each appointee must qualify by taking the oath of office.
(g) A quorum of the board is six members.
The membership terms, compensation, and removal of board members and filling of vacancies on the board are governed by section 15.0575.
(a) The lieutenant governor is the chair of the board.
(b) The attorney general is the legal advisor to the board.
(c) The board may elect a vice-chair. The vice-chair may preside at meetings in the absence of the lieutenant governor.
(d) The board may elect any other officers that it considers necessary to carry out its duties.
(a) The chair of the board must appoint an executive secretary to serve the board. The chair must consult with the board before making an appointment. The executive secretary serves in the unclassified service.
(b) The board may employ any other officers and employees it considers necessary. Those employed under this paragraph are in the state classified civil service.
(c) The board may contract for professional and other similar services on the terms it considers desirable.
The board must meet at the call of the chair and may meet at other times that it sets.
The board may adopt rules under chapter 14, the Administrative Procedure Act, that it believes are needed and reasonable to accomplish the purposes of this chapter.
(a) Except as provided in paragraph (b), the state must pay the administrative and planning expenses of the board.
(b) The administrative and planning expenses of the board for federally funded capital expenditures must be reimbursed to the state from the federal money as soon as it is received.
15B.05 COMPREHENSIVE USE PLAN.
The board must have, and prescribe for the Capitol Area, a comprehensive use plan called the comprehensive plan in this chapter.
The comprehensive plan must show the current uses and recommend future uses of land including, but not limited to:
(1) areas for public taking and use;
(2) zoning for private land and criteria for development of public land, including, but not limited to, building areas, open spaces, and monuments and other memorials;
(3) circulation of vehicles and pedestrians;
(4) utility systems;
(5) storage of vehicles; and
(6) elements of landscape architecture.
No construction on public land in the Capitol Area may take place unless the comprehensive plan and the requirement for a competition under section 15B.10 are followed.
(a) Under section 15B.10, subdivision 4, the board may waive the requirement of a competition.
(b) Under section 15B.13 a competition is not required.
Some examples of construction under subdivision 3 are building or changing (1) a public building; (2) a street; (3) a parking lot; or (4) a monument.
An amendment to the comprehensive plan does not take effect until after the CAAPB:
(1) gives 90 days' notice of the amendment to the St. Paul Planning Department and the State Board of the Arts; and
(2) conducts a public hearing on the amendment with an opportunity for public testimony at the hearing.
The CAAPB must develop and maintain the comprehensive plan in close cooperation with the employment and economic development commissioner, St. Paul's Planning Department and City Council, and the State Board of the Arts.
The board, as part of its comprehensive plan and adopted zoning rules, must give priority to planting native trees and shrubs, or native grasses wherever appropriate, within the Capitol Area.
15B.06 ZONING RULES.
(a) Under the comprehensive plan, the board may regulate in the Capitol Area:
(1) the kind, character, height, and location of buildings and other structures;
(2) the size of yards and open spaces;
(3) the percentage of lots to be occupied; and
(4) the uses of land, buildings, and other structures.
(b) The regulation must be done by zoning rules adopted under chapter 14, the Administrative Procedure Act.
The board, in its zoning rules, may include standards and design-review procedures for proposed construction in the Capitol Area that significantly affect the area's dignity, beauty, and architectural integrity.
A person who violates a zoning rule of the board is guilty of a misdemeanor.
The board may move to abate, by injunction, a violation of its zoning rules.
15B.08 CONSTRUCTION PROCESS.
(a) A person must not begin construction in the Capitol Area until after completing the steps in paragraph (b).
(b) The person must:
(1) submit the construction plans to the board;
(2) secure a zoning permit from the board; and
(3) secure a certificate from the board stating that the person has complied with the board's standards and design-review procedures.
(c) The board must define construction in its rules.
No substantial change to what is described in clause (1) or (2) may be made until after the board consents to the change:
(1) the external appearance of a public building existing before July 1, 1967, that is approved in the comprehensive plan; or
(2) the exterior or interior design of a new public building proposed after April 11, 1974, whose plans are secured by competition under section 15B.10.
No substantial change or improvement may be made to public lands or public buildings in the Capitol Area without the written approval of the board.
15B.10 DESIGN COMPETITIONS.
(a) The board must secure plans for a new public building by a competition.
(b) A competition also may be used for plans for a proposed (1) comprehensive plan; (2) landscaping scheme; (3) street plan; (4) property acquisition; or (5) change to a public building, landscaping scheme, or street plan.
(c) The competition must be conducted under rules adopted by the board.
(d) The competition must be of a type that meets the competition standards of the American Institute of Architects.
When a design is selected in a competition it becomes the property of the state.
The board may award premiums in a competition and may pay the costs and fees required to conduct it.
(a) Notwithstanding subdivision 1, paragraph (a), the board, without a competition, may approve plans for a project estimated to cost less than $1,000,000.
(b) The plans still must have been considered by the advisory committee established under section 15B.11.
(c) Notwithstanding paragraph (b), the advisory committee need not consider projects that are in conformity with the comprehensive plan and that are:
(1) to construct a street; or
(2) estimated to cost less than $400,000.
15B.11 ADVISORY COMMITTEE ON ARCHITECTURE AND PLANNING.
The board must not approve a plan for a new public building under section 15B.10 or 15B.13 unless it first receives the comments and criticism of the advisory committee established under subdivision 2 or unless the plan is excepted from the consideration of the advisory committee under section 15B.10, subdivision 4, paragraph (c).
(a) A three-member advisory committee to the CAAPB is established. Each of the three must be either an architect or a planner. One must be appointed by the CAAPB; one, by the State Board of the Arts; and one, by the Minnesota Society of the American Institute of Architects.
(b) The advisory committee must advise the CAAPB on all architectural and planning matters.
(c) An advisory committee member must not be a contestant in a CAAPB competition.
(a) The advisory committee's comments and criticism under subdivision 1 are public data under section 13.03, subdivision 1.
(b) To advise the board on all architectural and planning matters, the advisory committee must be kept current about, and have access to, all data relating to the Capitol Area as the data is developed or being prepared. Some examples of these types of data are plans, studies, reports, and proposals.
(c) The obligation under paragraph (b) extends to data developed or being prepared by (1) the commissioner of administration; (2) the commissioner of employment and economic development; (3) the Metropolitan Council; (4) the city of St. Paul; or (5) one who is an architect, planner, agency, or organization and who is engaged in any work or planning relating to the Capitol Area.
(d) Paragraph (c), clause (5), applies to all the developers or preparers whether they are public or private and whether or not they are retained by the board.
(e) If the data described in paragraph (b) is from a public employee or public agency it must be filed with the board promptly after it is prepared.
(f) The board may employ a reasonable amount of clerical and technical help to assist the committee to do its duties.
(g) When directed by the board, the advisory committee may serve as, or any of its members may serve on, the jury for a competition or as the architectural advisor for a competition under section 15B.10.
(h) The board must get the advice of its advisory committee before selecting the architectural advisor or jurors for a competition.
15A.081 SALARIES; EXPENSES; LEAVE TRANSFERS.
[Repealed, 2Sp1997 c 3 s 19]
[Repealed, 1976 c 239 s 7]
[Repealed, 1974 c 511 s 16]
[Repealed, 1974 c 511 s 16]
[Repealed, 1977 c 35 s 21]
[Repealed, 1980 c 617 s 45]
[Repealed, 1987 c 404 s 191]
[Repealed, 2Sp1997 c 3 s 19]
[Repealed, 1Sp1985 c 16 art 2 s 39 subd 1]
[Repealed, 2003 c 133 art 2 s 21]
The Board of Trustees of the Minnesota State Colleges and Universities shall establish a salary range for the position of chancellor of the Minnesota State Colleges and Universities. The board shall submit the proposed salary range to the Legislative Coordinating Commission for approval, modification, or rejection in the manner provided in section 3.855. The board shall establish the salary for the chancellor within the approved salary range.
In deciding whether to approve a salary increase, the board shall consider the performance of the chancellor in areas including educational leadership, student success, system management, human resources, and affirmative action.
Notwithstanding any law to the contrary, positions listed in section 15A.0815, subdivisions 2 and 3, constitutional officers, the commissioner of Iron Range resources and rehabilitation, and the director of the State Lottery are authorized an annual expense allowance not to exceed $1,500 for necessary expenses in the normal performance of their duties for which no other reimbursement is provided. The expenditures under this subdivision are subject to any laws and rules relating to budgeting, allotment and encumbrance, preaudit and postaudit. The commissioner of management and budget may adopt rules to assure the proper expenditure of these funds and to provide for reimbursement.
(a) This subdivision governs transfers of accumulated vacation leave and sick leave if the governor appoints the incumbent of a position listed in section 15A.0815 to another position listed in section 15A.0815.
(b) An appointee moving between positions in the executive branch shall transfer all vacation leave and sick leave hours to the appointee's credit at the time of the new appointment.
(c) The governor may authorize an appointee to transfer accumulated vacation leave and sick leave hours under the following conditions:
(1) an appointee moving to a position in the executive branch from a position outside the executive branch may be permitted to transfer no more than 275 hours of accumulated unliquidated vacation leave and no more than 900 hours of accumulated unliquidated sick leave; and
(2) an appointee moving to a position outside the executive branch from a position within the executive branch may be permitted to transfer accumulated unliquidated vacation leave and sick leave hours up to the maximum accumulations permitted by the personnel policies governing the new position.
The governor shall notify the commissioner of management and budget of any transfers authorized under this paragraph.
15C.03 EXCLUSION.
This chapter does not apply to claims, records, or statements made under portions of Minnesota Statutes relating to taxation.
15B.13 LIGHT RAIL.
(a) Notwithstanding section 15B.10, an architectural competition is not required for the design of a light rail transit station or of light rail transit alignment within the Capitol Area.
(b) The board and its advisory committee must select a preliminary design for each transit station in the Capitol Area.
(c) Then, each stage of a station's design through working drawings must be reviewed by the board's advisory committee and be approved by the board. The review and approval are to ensure that the station's design is compatible with the comprehensive plan and the board's design criteria.
(d) The guideway and track design of light rail transit alignment within the Capitol Area also must be reviewed by the board's advisory committee and be approved by the board.
(e) From the money available for the light rail transit design, adequate money must be available to the board for design-framework studies and for review of preliminary plans for light rail transit alignment and stations in the Capitol Area.
15A.0815 SALARY LIMITS FOR CERTAIN EMPLOYEES.
The appropriate appointing authority shall set the salary rates for positions listed in this section based upon the salaries prescribed by the Compensation Council established under section 15A.082.
The salary for a position listed in this subdivision shall be determined by the Compensation Council under section 15A.082. The commissioner of management and budget must publish the salaries on the department's website. This subdivision applies to the following positions:
Commissioner of administration;
Commissioner of agriculture;
Commissioner of education;
Commissioner of children, youth, and families;
Commissioner of commerce;
Commissioner of corrections;
Commissioner of health;
Commissioner, Minnesota Office of Higher Education;
Commissioner, Minnesota IT Services;
Commissioner, Housing Finance Agency;
Commissioner of human rights;
Commissioner of human services;
Commissioner of labor and industry;
Commissioner of management and budget;
Commissioner of natural resources;
Commissioner, Pollution Control Agency;
Commissioner of public safety;
Commissioner of revenue;
Commissioner of employment and economic development;
Commissioner of transportation;
Commissioner of veterans affairs;
Executive director of the Gambling Control Board;
Executive director of the Minnesota State Lottery;
Executive director of the Office of Cannabis Management;
Commissioner of Iron Range resources and rehabilitation;
Commissioner, Bureau of Mediation Services;
Ombudsman for mental health and developmental disabilities;
Ombudsperson for corrections;
Chair, Metropolitan Council;
Chair, Metropolitan Airports Commission;
School trust lands director;
Executive director of pari-mutuel racing;
Commissioner, Public Utilities Commission;
Chief Executive Officer, Direct Care and Treatment; and
Director of the Office of Emergency Medical Services.
MS 2022 [Repealed, 2023 c 62 art 2 s 133]
MS 2022 [Repealed, 2023 c 62 art 2 s 133]
MS 2022 [Repealed, 2023 c 62 art 2 s 133]
15C.04 RESPONSIBILITIES OF PROSECUTING ATTORNEY.
A prosecuting attorney may investigate violations of section 15C.02. If a prosecuting attorney finds that a person has violated or is violating section 15C.02, the prosecuting attorney may bring a civil action under this chapter against the person to enjoin an act in violation of section 15C.02 and to recover damages and penalties.
In connection with an investigation under this section, the attorney general has the powers listed in section 8.31, subdivisions 2 and 3.
15B.15 ADMINISTRATION DEPARTMENT.
The commissioner of administration must:
(1) act as a consultant to the board on the physical structural needs of the state; and
(2) do studies and report the results to the board when the board requests reports for its planning.
(a) The board and the commissioner of administration, jointly, must have, prescribe, and periodically revise their standards and policies on the repair, furnishing, appearance, and cleanliness of, and change to, the public and ceremonial areas of the Capitol.
(b) The standards and policies are binding on the commissioner.
(c) Section 14.386 and the rest of chapter 14, the Administrative Procedure Act, do not apply to this subdivision.
The commissioner of administration must consult with the board about building sites and design standards for capital budget requests in the Capitol Area.
The commissioner of administration must consult with the board about internal changes that bring about substantial changes to the architecture of the interior of a proposed building.
15C.05 PRIVATE REMEDIES; COMPLAINT UNDER SEAL; COPY OF COMPLAINT AND WRITTEN DISCLOSURE OF EVIDENCE TO BE SENT TO PROSECUTING ATTORNEY.
(a) Except as otherwise provided in this section, a person may maintain an action under this chapter on the person's own account and that of the state; the person's own account and that of a political subdivision; or on the person's own account and that of both the state and a political subdivision. After an action is commenced, it may be voluntarily dismissed only if the court and the prosecuting attorney give written consent to the dismissal and their reasons for consenting.
(b) If an action is brought under this section, no other person may bring another action under this section based on the same facts that are the subject of the pending action.
(c) An action may not be maintained under this section:
(1) against the state, the legislature, the judiciary, the executive branch, or a political subdivision, or respective officers, members, or employees if the action is based on evidence or information known to the state or political subdivision when the action was brought; or
(2) if the action is based upon allegations or transactions that are the subject of a civil action or an administrative proceeding for a monetary penalty to which the state or a political subdivision is already a party.
(d) A complaint in an action under this section must be commenced by filing the complaint with the court in chambers and the court must place it under seal for at least 60 days. No service may be made upon the defendant until the complaint is unsealed.
(e) If a complaint is filed under this section, the plaintiff shall serve a copy of the complaint on the prosecuting attorney in accordance with the Minnesota Rules of Civil Procedure and at the same time shall serve a written disclosure of all material evidence and information the plaintiff possesses.
(f) A court must dismiss an action or claim under this section, unless opposed by the prosecuting attorney, if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed:
(1) in a criminal, civil, or administrative hearing in which the state or a political subdivision or its agent is a party;
(2) in a report, hearing, audit, or investigation of the legislature, the governing body of a political subdivision, the legislative auditor, or the state auditor; or
(3) by the news media.
This paragraph does not apply if the action or claim is brought by the prosecuting attorney or the person bringing the action or claim is an original source of the information.
15C.06 PROSECUTING ATTORNEY INTERVENTION; MOTION TO EXTEND TIME; UNSEALING OF COMPLAINT.
(a) Within 60 days after receiving a complaint and disclosure under section 15C.05, the prosecuting attorney shall intervene or decline intervention or, for good cause shown, move the court to extend the time for doing so. The motion may be supported by affidavits or other submissions in chambers.
(b) The complaint must be unsealed after the prosecuting attorney decides whether or not to intervene.
(c) Notwithstanding the prosecuting attorney's decision regarding intervention in an action brought by a plaintiff under section 15C.05, the prosecuting attorney may pursue the claim through any alternate remedy available to the state, including an administrative proceeding to determine a civil monetary penalty. If the prosecuting attorney pursues an alternate remedy in another proceeding, the person initiating the action has the same rights in that proceeding as if the action had continued under section 15C.05. A finding of fact or conclusion of law made in the other proceeding that has become final is conclusive on all parties to an action under section 15C.05. For purposes of this paragraph, a finding or conclusion is final if it has been finally determined on appeal to the appropriate state court, if the time for filing an appeal has expired, or if the finding or conclusion is not subject to judicial review.
15B.17 CAPITOL AREA PROPOSALS.
(a) Before a state agency or other public body develops a budget proposal or plans for capital improvements within the Capitol Area to submit to the legislature and the governor, it must consult with the board.
(b) The public body must provide enough money for the board's review and planning if the board decides its review and planning services are necessary. Money received by the board under this subdivision is deposited in the special revenue fund and appropriated to the board.
(a) The state must pay the board's expenses for (1) competition premiums; (2) land acquisition in the Capitol Area; and (3) capital improvements in the Capitol Area to property owned or to be owned by the state.
(b) A public body other than the board that has its own expenses of the kinds described in paragraph (a), clauses (1) to (3), must pay them itself.
15B.21 RESPONSIBILITIES TO LEGISLATURE.
(a) The board, after consulting with the commissioner of administration, must report to the legislature and the governor before October 2 of each even-numbered year.
(b) The report must describe the status of implementing the comprehensive plan.
(c) The report must also include a program for capital improvements and site development. The commissioner of administration must provide the necessary cost estimates for the program.
(a) A change to the comprehensive plan that is adopted by the board must then be reported by the board to the legislative committees with jurisdiction over state governmental operations policy.
(b) If asked, the board must give testimony on the changes.
(a) The board must give testimony to the legislature on any proposal for a memorial in the Capitol Area.
(b) The testimony must deal with the proposal's compatibility with the standards, policies, and objectives of the comprehensive plan.
15B.19 CONSULTATION.
The board and the city of St. Paul must cooperate to ensure that the area adjacent to the Capitol Area is developed in keeping with the purposes of the board and with the comprehensive plan.
The city of St. Paul must advise the board.
The board must consult with and receive advice from the director of the Minnesota State Historical Society on the historic fidelity of plans for the Capitol.
15A.083 SALARIES FOR POSITIONS IN THE JUDICIAL BRANCH.
[Repealed, 1987 c 404 s 191]
[Repealed, 1996 c 310 s 1]
[Repealed, 1996 c 310 s 1]
Salaries or salary ranges are provided for the following positions in the judicial branch of government. The appointing authority of any position for which a salary range has been provided shall fix the individual salary within the prescribed range, considering the qualifications and overall performance of the employee. If district court administrators die, the amounts of their unpaid salaries for the months in which their deaths occur must be paid to their estates. The salary of the state public defender shall be fixed by the State Board of Public Defense but must not exceed the salary of a district court judge.
[Repealed, 1979 c 332 art 2 s 7]
The salary of a judge of the Tax Court is 98.52 percent of the salary for a district court judge. The salary of the chief Tax Court judge is 98.52 percent of the salary for a chief district court judge.
Notwithstanding any other law or ordinance to the contrary, no referee or administrative law judge employed by a court in this state shall receive a salary which is in excess of 90 percent of the salary paid a judge of the employing court.
The salary of the chief administrative law judge is 98.52 percent of the salary of a chief district court judge. The salaries of the deputy chief judge and judge supervisors employed by the Office of Administrative Hearings are 100 percent of the salary of a district court judge. The salary of an administrative law judge employed by the Office of Administrative Hearings is 98.52 percent of the salary of a district court judge as set under section 15A.082, subdivision 3.
Salaries of judges of the Workers' Compensation Court of Appeals are 105 percent of the salary for workers' compensation judges of the Office of Administrative Hearings. The salary of the chief judge of the Workers' Compensation Court of Appeals is 107 percent of the salary for workers' compensation judges of the Office of Administrative Hearings. Salaries of compensation judges are 98.52 percent of the salary of district court judges.
15C.09 STAY OF DISCOVERY; EXTENSION.
(a) The court may stay discovery by a person who brought an action under section 15C.05 for not more than 60 days if the prosecuting attorney shows that the proposed discovery would interfere with the investigation or prosecution of a civil or criminal matter arising out of the same facts, whether or not the prosecuting attorney participates in the action.
(b) The court may extend the stay upon a further showing that the prosecuting attorney has pursued the civil or criminal investigation or proceeding with reasonable diligence and that the proposed discovery would interfere with its continuation. Discovery may not be stayed for a total of more than six months over the objection of the person who brought the action, except for good cause shown by the prosecuting attorney.
(c) A showing made pursuant to this section must be made in chambers.
15C.07 SERVICE OF UNSEALED COMPLAINT AND RESPONSE BY DEFENDANT.
When unsealed, the complaint must be served on the defendant pursuant to rule 3 of the Minnesota Rules of Civil Procedure. The defendant must respond to the complaint within 20 days after it is served on the defendant.
15C.08 PROSECUTING ATTORNEY AND PRIVATE PARTY ROLES.
(a) Except as otherwise provided by this section, if the prosecuting attorney does not intervene at the outset in an action brought by a person under section 15C.05, the person has the same rights in conducting the action as the prosecuting attorney would have. A copy of each pleading or other paper filed in the action and a copy of the transcript of each deposition taken must be mailed to the prosecuting attorney if the prosecuting attorney so requests and pays the cost of doing so.
(b) If the prosecuting attorney elects not to intervene at the outset of the action, the court, without limiting the status and rights of the person initiating the action, may nevertheless permit the prosecuting attorney to intervene at a later date, upon a showing of good cause. If the prosecuting attorney so intervenes, the prosecuting attorney subsequently has primary responsibility for conducting the action.
(c) If the prosecuting attorney elects at the outset of the action to intervene, the prosecuting attorney has the primary responsibility for prosecuting the action. The person who initially brought the action remains a party but the person's acts do not bind the prosecuting attorney.
(d) If the prosecuting attorney elects to intervene, either at the outset or subsequently, the prosecuting attorney may file the prosecuting attorney's own complaint or amend the complaint of the person who initially brought the action to clarify or add details to the claims in which the prosecuting attorney is intervening and to add any additional claims with respect to which the prosecuting attorney contends the prosecuting attorney is entitled to relief. For statute of limitations purposes, any prosecuting attorney pleading relates back to the filing date of the complaint of the person who originally brought the action, to the extent that the claim of the prosecuting attorney arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the prior complaint of that person.
(e) Whether or not the prosecuting attorney intervenes in the action, the prosecuting attorney may move to dismiss the action for good cause. The person who brought the action must be notified of the filing of the motion and may oppose it and present evidence at the hearing. The prosecuting attorney may also settle the action. If the prosecuting attorney intends to settle the action, the prosecuting attorney shall notify the person who brought the action. The state or the political subdivision may settle the action with the defendant notwithstanding the objections of the person initiating the action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. Upon a showing of good cause, the hearing may be held in chambers.
15A.086 LIMITS ON BONUS PAYMENTS.
Notwithstanding any law to the contrary, an employee of the State Lottery or of a public corporation or nonprofit corporation created by law may not receive bonus payments in any year that exceed ten percent of the employee's base salary for that year. For purposes of this section, bonus payments include any combination of merit pay, achievement awards, or any other cash payments in addition to base salary, other than severance pay or overtime or holiday pay. Groups covered by this section include, but are not limited to, the Workers' Compensation Reinsurance Association, the Minnesota Insurance Guaranty Association, the Fair plan, the Joint Underwriters Association, the Minnesota Joint Underwriters Association, the Life and Health Guaranty Association, the Minnesota Comprehensive Health Association, the Minnesota State High School League, Enterprise Minnesota, Inc., Agricultural Utilization Research Institute, Minnesota Project Outreach Corporation, and the State Agricultural Society. This section does not give any entity authority to grant a bonus not otherwise authorized by law.