reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 15 — State Agencies In General › Section 15.38 — Noninsurance Of State Property; Exceptions.

15.38 NONINSURANCE OF STATE PROPERTY; EXCEPTIONS.
Subdivision 1.
Insurance prohibited.
No public funds shall be expended on account of any insurance upon state property against loss or damage by fire or tornado, nor shall any state officer or board contract for or incur any indebtedness against the state on account of any such insurance, except as specifically authorized in this section, section 15.39, or other law.
Subd. 2.
Stillwater prison.
The commissioner of corrections may insure the state of Minnesota against loss by fire or tornado to the Minnesota Correctional Facility-Stillwater, or the contents thereof, in any insurance companies licensed to do business in this state, in such an amount as the commissioner may from time to time determine and to pay the premiums therefor from the revolving fund of the institution.
Subd. 3.
Minnesota State Colleges and Universities.
The Board of Trustees of the Minnesota State Colleges and Universities may purchase insurance coverage as it deems necessary and appropriate to protect buildings and contents and for activities ancillary to the programs of the state colleges and universities.
Subd. 4.
[Repealed, 1995 c 212 art 4 s 65]
Subd. 5.
[Repealed, 2010 c 382 s 87]
Subd. 6.
Department of Military Affairs.
The adjutant general may purchase insurance coverage deemed necessary to indemnify the Department of Military Affairs for workers' compensation awards paid for state employees employed under federal cooperative funding agreements.
Subd. 7.
Department of Iron Range Resources and Rehabilitation.
After seeking a recommendation from the Iron Range Resources and Rehabilitation Board, the commissioner of Iron Range resources and rehabilitation may purchase insurance the commissioner deems necessary and appropriate to insure facilities operated by the commissioner.
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; 2017 c 94 art 7 s 4
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 15 — State Agencies In General › Section 15.39 — Employment And Economic Development Department Buildings.

15.39 EMPLOYMENT AND ECONOMIC DEVELOPMENT DEPARTMENT BUILDINGS.
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
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 15 — State Agencies In General › Section 15.40 — Lack Of Care In Keeping State Property Safe From Fire Loss, Nonfeasance In Office.

15.40 LACK OF CARE IN KEEPING STATE 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
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 15 — State Agencies In General › Section 15.41 — Construction Permits, Requisites.

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
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 15 — State Agencies In General › Section 15.411 — Public Works Contracts; No Damages For Delay Clauses.

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 legally responsible.
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
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 15 — State Agencies In General › Section 15.415 — Corrections In Transactions, Waiver.

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
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 15 — State Agencies In General › Section 15.43 — Acceptance Of Advantage By State Employee; Penalty.

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
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 15 — State Agencies In General › Section 15.435 — Airline Travel Credit.

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
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 15 — State Agencies In General › Section 15.44 — Aids For Persons With Disabilities At State Meetings.

15.44 AIDS FOR PERSONS WITH DISABILITIES 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 who are deaf, deafblind, and hard-of-hearing, 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 participants who are deaf, deafblind, and hard-of-hearing will be able to see their signing clearly. For the purposes of this section, "physically disabled" has the meaning given in section 326B.103, subdivision 10. 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; 2007 c 140 art 4 s 61; art 13 s 4; 2013 c 62 s 1
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 15 — State Agencies In General › Section 15.60 — Public Safety Officers; American Flag.

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) or (f);
(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
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 15 — State Agencies In General › Section 15.61 — Employment Of Unemployed And Underemployed Persons.

15.61 EMPLOYMENT OF UNEMPLOYED AND UNDEREMPLOYED PERSONS.
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 197.455 to 197.48 and 43A.11 and any other law or ordinance relating to preference in employment and promotion of persons having served in the armed services, the provisions of any law, rule, or regulation, the provisions of any city charter or any ordinance or resolution, or the provisions of any other law or statute in conflict with the provisions of the federal Emergency Employment Act of 1971, as amended, and Comprehensive Employment and Training Act of 1973, as amended, shall not be applicable to the employment of the persons specified in subdivision 1.
Subd. 3.
[Repealed, 1977 c 455 s 95]
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
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 15 — State Agencies In General › Section 15.62 — Athletic Leave Of Absence.

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:
(1) "public employee" has the meaning given it in section 179A.03;
(2) "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
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 15 — State Agencies In General › Section 15.71 — Public Contracts; Definitions.

15.71 PUBLIC CONTRACTS; DEFINITIONS.
Subdivision 1.
Scope.
For the purposes of sections 15.71 to 15.74 unless the context clearly indicates otherwise, the terms defined in this section have the meanings given them.
Subd. 1a.
Indemnification agreement.
"Indemnification agreement" means an agreement by the promisor to indemnify, defend, or hold harmless the promisee against liability or claims of liability for damages arising out of bodily injury to persons or out of physical damage to tangible or real property.
Subd. 1b.
Promisee.
"Promisee" includes that party's independent contractors, agents, employees, or indemnitees.
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 public contracts.
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 agency.
History:
1980 c 464 s 1; 2023 c 53 art 7 s 1,2
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 15 — State Agencies In General › Section 15.73 — Alternative Form Of Retainage.

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 management and budget, 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; 2009 c 101 art 2 s 109
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 15 — State Agencies In General › Section 15.74 — Exceptions To Application.

15.74 EXCEPTIONS TO APPLICATION.
Sections 15.71 to 15.73 apply to all public contracts except those contracts in which receipt of federal financing is conditioned on adherence to terms and conditions which are inconsistent with sections 15.71 to 15.73.
History:
1980 c 464 s 4
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 15 — State Agencies In General › Section 15.85 — Discipline For Racial Harassment.

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
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 15 — State Agencies In General › Section 15.86 — State Agency Actions.

15.86 STATE AGENCY ACTIONS.
Subdivision 1.
Statement of zero tolerance of violence.
In furtherance of the state policy in section 1.50, by January 1, 1993, each house of the legislature, each state agency, and each public corporation created in statute must adopt a goal of zero tolerance of violence. Each agency is encouraged to develop a plan that describes how the agency will:
(1) seek to eliminate any potential for violence in and around the agency workplace; and
(2) seek to eliminate any potential for violence by affecting the attitudes and behavior of people that the agency serves or regulates.
Agency statements and any plans must be filed with the Legislative Reference Library, where they will be available for public inspection.
Subd. 2.
Workplace plans.
An agency plan for eliminating potential for violence in and around the workplace may include:
(1) elimination of sexual harassment, as defined in section 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.
Subd. 3.
Client plans.
An agency plan for eliminating violence by affecting attitudes and behavior of persons that the agency serves or regulates may include, but is not limited to, the following:
(1) educational programs;
(2) incorporating the policy of zero tolerance of violence into the agency's direct service and regulatory programs; and
(3) attempting to assure that persons and businesses receiving grants from or providing goods or services to the agency adopt zero tolerance of violence policies.
Subd. 4.
Liability.
This section does not create any civil liability on the part of the state of Minnesota.
History:
1992 c 452 s 2
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 15 — State Agencies In General › Section 15.87 — Victims Of Violence.

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.
History:
1996 c 408 art 7 s 1; 2000 c 444 art 2 s 1
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 15 — State Agencies In General › Section 15.97 — Information And Telecommunications Institute.

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.
History:
1994 c 632 art 3 s 22; 1Sp2003 c 4 s 1; 2008 c 290 s 2
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 15 — State Agencies In General › Section 15.98 — Indoor Ice Facilities.

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
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 15 — State Agencies In General › Section 15.058 — Licensing Board Members, Compensation, Terms, Removal, Reports.

15.058 LICENSING BOARD MEMBERS, COMPENSATION, TERMS, REMOVAL, REPORTS.
Membership terms, compensation of members, removal of members, the filling of membership vacancies, and fiscal year and reporting requirements for those agencies in the executive branch other than departments whose primary functions include licensing, certification or registration of persons in specified professions or occupations shall be as provided in sections 214.07 to 214.09.
History:
1975 c 136 s 76
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 15 — State Agencies In General › Section 15.0591 — Representative Of Older Population.

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 Task Force on the Use of State Facilities;
(2) Alcohol and Other Drug Abuse Advisory Council;
(3) Board of Executives for Long Term Services and Supports;
(4) Board on Aging;
(5) Chiropractic Examiners Board;
(6) Council on Disability;
(7) Minnesota Council on Latino Affairs;
(8) Council for Minnesotans of African Heritage;
(9) Dentistry Board;
(10) Minnesota Office of Higher Education;
(11) Housing Finance Agency;
(12) Indian Advisory Council on Chemical Dependency;
(13) Medical Practice Board;
(14) Minnesota State Arts Board;
(15) Nursing Board;
(16) Optometry Board;
(17) Pharmacy Board;
(18) Board of Physical Therapy;
(19) Podiatry Board;
(20) 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; 2014 c 212 art 1 s 3; 2015 c 77 art 2 s 87; 2019 c 60 art 4 s 34
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 15 — State Agencies In General › Section 15.0593 — Agencies Created By Executive Order.

15.0593 AGENCIES CREATED BY EXECUTIVE ORDER.
The governor may by executive order create in the governor's office advisory task forces, councils and committees to advise or assist on matters relating to the laws of this state. A task force, council or committee so created shall have no more than 15 members, and vacancies may be filled by the governor. Members of a task force, council or committee shall receive no per diem but may be paid expenses as authorized by the commissioner's plan adopted according to section 43A.18, subdivision 2. A task force, council or committee shall expire two years after the date of order unless otherwise specified consistent with section 4.035, subdivision 3. The task force, council or committee shall be named beginning with the prefix "Governor's Task Force on," "Governor's Council on" or "Governor's Committee on." The governor shall not create a board, commission, authority or other similar multimember agency except as provided in this section. A multimember agency previously created by executive order shall be renamed and shall be consistent with the provisions of this section. Nothing in this section shall apply, to the extent inconsistent with statute or federal law, to any multimember agency specifically authorized by statute or specifically authorized by federal law as a condition precedent to the receipt of federal money.
History:
1977 c 305 s 5; 1984 c 544 s 2; 1986 c 444
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 15 — State Agencies In General › Section 15.0594 — Commissioner's Approval Required.

15.0594 COMMISSIONER'S APPROVAL REQUIRED.
No person may be employed or consultant retained by an entity created under section 15.0593 without written approval of the commissioner of the Department of Management and Budget.
History:
1997 c 97 s 3; 2008 c 204 s 42; 2009 c 101 art 2 s 109
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 15 — State Agencies In General › Section 15.0595 — Compensation And Per Diem; Source Of Funds.

15.0595 COMPENSATION AND PER DIEM; SOURCE OF FUNDS.
The source of payment of per diems and expenses for agencies governed by sections 15.0575 and 15.058 shall be appropriations or funds otherwise available to the agencies. The source of payment of per diems and expenses for agencies governed by section 15.059 shall be appropriations or funds otherwise available to the appointing authority of agency members.
History:
1977 c 444 s 3
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 15 — State Agencies In General › Section 15.0596 — Additional Compensation From Contingent Fund Prohibited.

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 management and budget is hereby prohibited from issuing a payment upon such contingent fund in payment of such additional compensation.
Every person offending against the provisions of this section shall be guilty of a misdemeanor.
History:
(127, 128) 1909 c 395 s 1,2; 1971 c 23 s 1; 1973 c 492 s 14; 1986 c 444; 2009 c 101 art 2 s 109; 1Sp2019 c 10 art 3 s 40
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 15 — State Agencies In General › Section 15.45 — Definitions.

15.45 DEFINITIONS.
Subdivision 1.
Scope.
For the purposes of this section and section 15.46, the terms defined in this section have the meanings given them.
Subd. 2.
Preventive health services.
"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
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 15 — State Agencies In General › Section 15.46 — Preventive Health Services For Public Employees.

15.46 PREVENTIVE HEALTH SERVICES FOR PUBLIC EMPLOYEES.
The commissioner of the Department of Management and Budget 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 or a statutory or home rule charter city may establish and operate a program of preventive health and employee recognition services for its 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; 2007 c 59 s 1; 2008 c 204 s 42; 2009 c 101 art 2 s 109
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 15 — State Agencies In General › Section 15.472 — Fees And Expenses; Civil Action Or Contested Case Proceeding Involving State.

15.472 FEES AND EXPENSES; CIVIL ACTION OR CONTESTED CASE PROCEEDING INVOLVING STATE.
(a) If a prevailing party other than the state, in a civil action or contested case proceeding other than a tort action, brought by or against the state, shows that the position of the state was not substantially justified, the court or administrative law judge shall award fees and other expenses to the party unless special circumstances make an award unjust.
(b) 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
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 15 — State Agencies In General › Section 15.473 — Payment Of Costs And Fees.

15.473 PAYMENT OF COSTS AND FEES.
Subdivision 1.
Civil action.
A judgment against the state in a civil action for fees and expenses under section 15.472 must be paid from funds of the agency.
Subd. 2.
Contested case proceeding.
Fees and other expenses awarded in a contested case proceeding under section 15.472 must be paid by the agency over which the party prevails from funds of the agency.
History:
1986 c 377 s 3; 1988 c 469 art 1 s 1
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 15 — State Agencies In General › Section 15.474 — Procedure For Award Of Fees; Contested Case.

15.474 PROCEDURE FOR AWARD OF FEES; CONTESTED CASE.
Subdivision 1.
Applications.
The chief administrative law judge shall by rule establish uniform procedures for the submission and consideration of applications for an award of fees and expenses in a contested case proceeding. If a court reviews the underlying decision of the contested case under sections 14.63 to 14.68, an award for fees and expenses may be made only under subdivision 3.
Subd. 2.
Appeal.
A party dissatisfied with the fee determination made under subdivision 1 may petition for leave to appeal to the court having jurisdiction to review the merits of the underlying decision of the contested case. If the court denies the petition for leave to appeal, no appeal may be taken from the denial. If the court grants the petition, it may modify the determination only if it finds that the failure to make an award, or the calculation of the amount of the award, was an abuse of discretion.
Subd. 3.
Judicial review.
(a) In awarding fees and expenses under subdivision 1 to a prevailing party in an action for judicial review of a contested case under sections 14.63 to 14.68, the court shall include in that award fees and expenses to the extent authorized in section 15.472.
(b) Fees and expenses awarded under this subdivision may be paid in accordance with section 15.473, subdivision 2.
History:
1986 c 377 s 4; 1988 c 469 art 1 s 1
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 15 — State Agencies In General › Section 15.51 — Declaration Of Policy.

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
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 15 — State Agencies In General › Section 15.52 — Definitions.

15.52 DEFINITIONS.
Subdivision 1.
Application.
For the purposes of sections 15.51 to 15.57 the following words and phrases have the meanings ascribed to them in this section.
Subd. 2.
Sending agency.
"Sending agency" means any department, political subdivision or agency of the federal government or a state government which sends any employee thereof to another government agency under sections 15.51 to 15.57.
Subd. 3.
Receiving agency.
"Receiving agency" means any department, political subdivision or agency of the federal government or a state government which receives an employee of another government agency under sections 15.51 to 15.57.
History:
Ex1967 c 46 s 2; 1969 c 1140 s 1,2
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 15 — State Agencies In General › Section 15.53 — Authority To Interchange Employees.

15.53 AUTHORITY TO INTERCHANGE EMPLOYEES.
Subdivision 1.
No interchange except as authorized.
No department, agency, political subdivision or instrumentality of the state is authorized to participate in a program of interchange of employees with departments, agencies, or instrumentalities of the federal government, the state, or another state, as a sending or receiving agency except in accordance with sections 15.51 to 15.57.
Subd. 2.
Period of assignment.
The period of individual assignment or detail under an interchange program shall not exceed 24 months, nor shall any person be assigned or detailed for more than 24 months during any 36-month period, except when the assignment or detail is made to coincide with an unclassified appointment under section 15.06. However, the head of an agency may extend the period of assignment for not more than two additional years. A school district, a county, or a public health entity may make an assignment for a period not to exceed five years if the assignment is made pursuant to section 124D.23, subdivision 8. Details relating to any matter covered in sections 15.51 to 15.57 may be the subject of an agreement between the sending and receiving agencies. Elected officials shall not be assigned from a sending agency nor detailed to a receiving agency.
Subd. 3.
Political subdivisions.
A state department or agency must report to the Department of Management and Budget 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; 2008 c 204 s 42; 2009 c 101 art 2 s 109
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 15 — State Agencies In General › Section 15.54 — Status Of Employees Of This State.

15.54 STATUS OF EMPLOYEES OF THIS STATE.
Subdivision 1.
Employees considered on regular work assignments.
Employees of a sending agency participating in an exchange of personnel as authorized in section 15.53 may be considered during such participation to be on detail to regular work assignments of the sending agency.
Subd. 2.
Salary and benefits.
Employees who are on detail shall be entitled to the same salary and benefits to which they would otherwise be entitled and shall remain employees of the sending agency for all other purposes except that the supervision of their duties during the period of detail may be governed by agreement between the sending agency and the receiving agency.
Subd. 3.
Personal injury.
Any employee who participates in an exchange under the terms of this section who suffers disability or death as a result of personal injury arising out of and in the course of an exchange, or sustained in performance of duties in connection therewith, shall be treated, for the purposes of the sending agency's employee compensation program, as an employee, as defined in such act, who has sustained such injury in the performance of such duty, but shall not receive benefits under that act for any period for which the employee is entitled to and elects to receive similar benefits under the receiving agency's employee compensation program.
History:
Ex1967 c 46 s 4; 1986 c 444
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 15 — State Agencies In General › Section 15.55 — Travel Expenses Of Employees Of This State.

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 management and budget 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; 2008 c 204 s 42; 2009 c 101 art 2 s 109